SB 25-289 Colorado Senate · 2025 Regular Session

Creation of a Drug Donation Program

Summary
The act amends statutory provisions relating to unused medication in facilities, including correctional facilities, nursing care facilities, assisted living residences, hospice, and other facilities, to change the defined term "medication" to "medicine" and specifies the types of unused medicines that may be redispensed to patients or donated to another entity that has legal authority to possess the medicine. The act creates the Colorado drug donation program (donation program). The donation program allows a person legally authorized to possess medicine, including an individual donor who is a member of the public and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, a wholesaler, a distributor, a third-party logistics provider, and others (donor), to donate certain unused medicine (donated medicine), as specified in the act. The act prohibits the donation of prescription drugs that are subject to risk evaluation and mitigation strategies (REMS), unless all of the required guidelines are followed, or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted distribution channel. A donor or an individual donor may donate unused medicine to a donation recipient that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located. A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office, and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity. The act requires the donation recipient to keep a record of the donated medicine, separate the donated medicine from regular stock, and have donated medicine inspected by a licensed pharmacist. The donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength. The act requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured. Donated medicine must not be resold; except that a donation recipient may charge a handling or dispensing fee for the donated medicine. When acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action. The act also shields drug manufacturers from liability for donated medicine that is subject to REMS under federal law. (Note: This summary applies to this bill as enacted.)
Bill status signed all 5 stages cleared
Introduction
Apr 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
May 2025
Signed into Law
May 2025
Introduced Apr 10, 2025 Signed May 28, 2025
Maddy AI version diff · 8 comparisons

What changed between versions

Revised (05/01/2025) PA1 (04/24/2025) · 3 edits
MINOR
The bill text was reformatted from a 'Revised' version to a 'Preamended' version, indicating it is an unofficial draft with committee amendments not yet adopted. The substantive policy content remains unchanged, though the formatting and version status differ.
TECHNICAL

Document version changed from 'Revised' to 'Preamended' with updated dates and amendment status indicators.

Formatting and line numbering were adjusted between the two versions.

Minor text reordering and spacing changes occurred in the definitions section regarding what is excluded from the term 'medicine'.

Floor votes · Senate Apr 29, 2025 · House May 2, 2025

How they voted

320
Passed · 3 other
Total votes 35
Apr 29, 2025
D Democratic23
20 Yea 3
86% Yea
R Republican12
12 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
5
Committee
2
Amendments
1
May 28, 2025
Signed into law
Governor Signed
executive
May 6, 2025
Introduced
Senate Considered House Amendments - Result was to Concur - Repass
upper
May 2, 2025
Lower · Passed
House Third Reading Passed - No Amendments
lower
Apr 30, 2025
Lower · Passed
House Committee on Health & Human Services Refer Amended to House Committee of the Whole
lower
Apr 29, 2025
Introduced
Introduced In House - Assigned to Health & Human Services
lower
Apr 29, 2025
Upper · Passed
Senate Third Reading Passed with Amendments - Floor
upper
Apr 23, 2025
Upper · Passed
Senate Committee on Health & Human Services Refer Amended - Consent Calendar to Senate Committee of the Whole
upper
Apr 10, 2025
Introduced
Introduced In Senate - Assigned to Health & Human Services
upper
3 primary · 29 co-sponsors

Sponsors