S_HHS_2019A 02/20/2019 09:48:10 AM Committee Summary

Saul Larsen, Colorado Department of Regulatory Agency, presented 2018 Sunset Review: The Regulation of Home Care and Placement Agencies (sunset reports may be viewed online at https://www.colorado.gov/pacific/dora-oprrr/node/143196/ ). Mr. Larsen discussed the recommendations in the report.

Yelana Love, Office of Legislative Legal Service (OLLS), responded to questions about the draft bill LLS NO. 19-0372.01 (Attachment A).

Committee questions and discussion followed.

Don Knox, Home Care Association, testified in support of the sunset recommendations, except for recommendation number three.

Senator Fields appointed Senator Pettersen as the bill sponsor and gave permission to OLLS to make technical changes.

Senator Tate, bill sponsor, presented House Bill 19-1070.  The bill repeals an obsolete section of statute that requires the Department of Public Health and Environment to test substances, upon request, that are held out as having value in the diagnosis, treatment, alleviation, or cure of cancer.

Senator Tate and Senator Pettersen, bill sponsors, presented House Bill 19-1077. The bill allows pharmacists to dispense to a patient an emergency supply of a chronic maintenance drug without a current valid prescription if:

• the pharmacist has made every reasonable attempt to obtain an authorization for a refill;
• the pharmacist has a record of the prescription or has been presented proof of a recent prescription or, in the pharmacist's professional judgement, refusal to dispense the drug would endanger the patient's health;
• the amount dispensed does not exceed the most recent prescription or the standard quantity of the drug;
• the pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12 months; and
• the prescriber has not indicated that no refills are authorized.

The bill defines a chronic maintenance drug as one that is prescribed to a patient to take on a recurring basis or is used as a life saving rescue drug for a chronic condition, but is not an opioid or controlled substance that is prohibited from being dispensed without a prescription under federal law. The State Board of Pharmacy must adopt rules, in consultation with the Colorado Medical Board and the State Board of Nursing, to establish standard procedures for pharmacists. In addition, the bill makes the pharmacist, pharmacist's employer, or the original prescriber not civilly liable for an act or omission in connection with the dispensing of a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct.

Gail DeVore, Colorado Consumer Health Initiative, testified in support of the bill.

Gina Moore, Colorado Pharmacists Society, testified in support of the bill.

Ed Shackelford, Colorado Senior Lobby, testified in support of the bill.

Kristin Jones, representing herself, testified in support of the bill.

Amendment L.004 was distributed to the committee (Attachment B).

Senator Tate, bill sponsor, presented House Bill 19-1070. The bill allows convalescent centers to operate a pharmacy.

Diana Protopapa, Colorado Ambulatory Surgery Center Association, testified in support of the bill.