Senate Committee of Reference Report
Committee on Health & Human Services
- Strikethrough:
- removed from existing law
- Screen Reader Only:
- all text indicated as strikethrough will begin as 'deleted from existing statue' and finish with 'end deletion'
- All-caps or Bold and Italic:
- added to existing law
- Screen Reader Only:
- all text indicated as all-caps or bold and italic will begin as 'added to existing law' and finish with 'end insertion'
April 23, 2025
After consideration on the merits, the Committee recommends the following:
SB25-289 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation and with a recommendation that it be placed on the consent calendar:
Page 1, Line 1Amend printed bill, page 2, line 11, strike "drugs, including" and
Page 1, Line 2substitute "drugs.".
Page 1, Line 3Page 3, strike line 1.
Page 1, Line 4Page 3, line 5, after "maintained" insert "by a donor".
Page 1, Line 5Page 3, line 6, strike "requirements; and" and substitute
Page 1, Line 6"requirements, so long as the cold chain can be verified; and".
Page 1, Line 7Page 3, line 24, strike "a nonprofit" and substitute "a nonprofit an".
Page 1, Line 8Page 4, line 6, strike "or entity" and substitute "or entity".
Page 1, Line 9Page 4, line 25, strike "requirements." and substitute "requirements,
Page 1, Line 10so long as the cold chain can be verified.".
Page 1, Line 11Page 5, strike lines 25 through 27 and substitute "donated pursuant to this
Page 1, Line 12section may shall not be resold for profit. The entity that receives the
Page 1, Line 13donated materials may charge the end user a handling fee, which fee shall
Page 1, Line 14not exceed the amount specified by rule of the board and are
Page 1, Line 15considered nonsaleable; except that handling, dispensing, or
Page 1, Line 16usual and customary charges to an eligible patient, health plan,
Page 1, Line 17pharmacy benefit manager, pharmacy service, administrative
Page 1, Line 18organization, government agency, or other entity is not
Page 1, Line 19considered reselling. If the donation recipient is a for-profit
Page 1, Line 20entity, these charges must not exceed the donation recipient's
Page 2, Line 1cost of providing the medicine, including the current and
Page 2, Line 2anticipated costs of educating eligible donors and individual
Page 2, Line 3donors, providing technical support to participating donors and
Page 2, Line 4individual donors, shipping and handling, labor, storage,
Page 2, Line 5licensing, utilities, advertising, technology, supplies, and
Page 2, Line 6equipment. Except as described in this subsection (4), the amount
Page 2, Line 7of these charges is not subject to additional limitations.".
Page 2, Line 8Page 6, strike line 1.
Page 2, Line 9Page 7, line 3, strike "person" and substitute "entity".
Page 2, Line 10Page 7, line 4, strike "an individual member of the public,".
Page 2, Line 11Page 7, line 8, strike the second "or".
Page 2, Line 12Page 7, line 9, strike "which person" and substitute "and any other
Page 2, Line 13entity regulated by the board which".
Page 2, Line 14Page 7, line 19, strike "underinsured," and substitute "or
Page 2, Line 15underinsured.".
Page 2, Line 16Page 7, strike line 20.
Page 2, Line 17Page 7, strike lines 23 and 24 and substitute "indigent, uninsured, or
Page 2, Line 18underinsured.".
Page 2, Line 19Page 8, after line 3 insert:
Page 2, Line 20"(g) "Individual donor" means a nonlicensed individual
Page 2, Line 21member of the public.".
Page 2, Line 22Reletter succeeding paragraphs accordingly.
Page 2, Line 23Page 8, lines 4 and 5, strike "drugs, including FDA-approved drugs
Page 2, Line 24labeled for investigational use." and substitute "drugs.".
Page 2, Line 25Page 8, line 10, strike "requirements;" and substitute "so long as the
Page 2, Line 26cold chain can be verified;".
Page 2, Line 27Page 9, line 9, after "donor" insert "or an individual donor".
Page 2, Line 28Page 9, line 10, strike "donors." and substitute "a donor or an
Page 3, Line 1individual donor.".
Page 3, Line 2Page 9, line 25, after "donor" insert "or an individual donor".
Page 3, Line 3Page 10, line 18, strike "replenish" and substitute "replace".
Page 3, Line 4Page 10, strike lines 20 and 21 and substitute "patients in accordance
Page 3, Line 5with 42 U.S.C. sec. 256b, as amended.".
Page 3, Line 6Page 11, line 14, after the period add "Prescription drugs specified by
Page 3, Line 7NDC number in a recall notice must be considered recalled
Page 3, Line 8unless the prescription drug has an affixed lot number that
Page 3, Line 9excludes it from the recall.".
Page 3, Line 10Page 12, line 5, strike "requirements." and substitute "requirements,
Page 3, Line 11so long as the cold chain can be verified.".
Page 3, Line 12Page 12, line 14, after "manufacturer," insert "prescription drug
Page 3, Line 13outlet,".
Page 3, Line 14Page 13, line 3, strike "donors," and substitute "donors and
Page 3, Line 15individual donors,".
Page 3, Line 16Page 13, line 4, strike "donors," and substitute "donors and
Page 3, Line 17individual donors,".
Page 3, Line 18Page 14, line 3, strike "donor," and substitute "donor or individual
Page 3, Line 19donor,".
Page 3, Line 20Page 14, strike lines 19 through 21 and substitute:
Page 3, Line 21"(19) Notwithstanding any law to the contrary, this
Page 3, Line 22section controls all activities under the program and
Page 3, Line 23supersedes any inconsistent law or rule.".
Page 3, Line 24Page 14, line 27, after "donor," insert "the individual donor,".
Page 3, Line 25Page 15, line 8, strike "replenishes," and substitute "replaces,".