Senate Bill 25-066 Introduced

A Bill for an Act

• Page 1, Line 101Concerning appropriate state contracting with opioid

• Page 1, Line 102antagonist businesses.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Under current law, the opioid antagonist bulk purchase fund (fund) allows the department of public health and environment (department) to bulk purchase opioid antagonists and distribute them to eligible entities.

In contracting for the bulk purchasing and distribution of opioid antagonists, the bill requires the department to contract with an opioid antagonist medication distributor. However, the bill prohibits the department from contracting with an opioid antagonist medication distributor if the distributor:

• Was found liable for the manufacture or distribution of an opioid that resulted in an opioid-related overdose;
• Is or was a liable party to a settlement agreement for the manufacture or distribution of an opioid that resulted in an opioid-related overdose; or
• Is or was liable for a fine or penalty levied by a governmental entity for the manufacture or distribution of an opioid that resulted in an opioid-related overdose.

The bill requires the department to implement a competitive selection process for the bulk purchase of opioid antagonists.

The bill declares any contract or agreement that does not comply with the contracting requirements of the bill is void and unenforceable.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25-1.5-115, amend (2) as follows:

• Page 2, Line 325-1.5-115.  Opioid antagonist bulk purchase fund - creation

• Page 2, Line 4- report - rules - appropriation - definitions. (2) (a)  Money in the fund

• Page 2, Line 5is continuously appropriated to the department for bulk purchasing of

• Page 2, Line 6opioid antagonists. Eligible entities may purchase opioid antagonists from

• Page 2, Line 7the department. The department may contract with a prescription drug

• Page 2, Line 8outlet, as defined in section 12-280-103 (43), shall contract with an

• Page 2, Line 9opioid antagonist medication distributor for the bulk purchasing

• Page 2, Line 10and distribution of opioid antagonists that are approved by the

• Page 2, Line 11federal food and drug administration. The department may

• Page 2, Line 12prioritize the purchase of opioid antagonists by eligible entities based on

• Page 2, Line 13the need of the entity and the availability of the opioid antagonists as

• Page 2, Line 14determined by the department. The department shall provide technical

• Page 2, Line 15assistance to participating eligible entities to ensure that eligible entities

• Page 2, Line 16complete all training and registration requirements.

• Page 3, Line 1(b) (I)  Notwithstanding subsection (2)(a) of this section,

• Page 3, Line 2the department shall not enter into a contract for the bulk

• Page 3, Line 3purchasing and distribution of opioid antagonists from an opioid antagonist medication distributor that:

• Page 3, Line 4(A)  Was found liable for the manufacture or distribution

• Page 3, Line 5of an opioid that resulted in an opioid-related drug overdose event;

• Page 3, Line 6(B)  Is or was a liable party to a settlement agreement for

• Page 3, Line 7the manufacture or distribution of an opioid that resulted in an opioid-related drug overdose event; or

• Page 3, Line 8(C)  Is or was liable for a fine or penalty levied by the

• Page 3, Line 9federal government or a state or local government for the

• Page 3, Line 10manufacture or distribution of an opioid that resulted in an opioid-related drug overdose event.

• Page 3, Line 11(II)  The department shall not enter into a contract for

• Page 3, Line 12the bulk purchasing and distribution of opioid antagonists with

• Page 3, Line 13an opioid antagonist medication distributor that is a division,

• Page 3, Line 14subsidiary, parent, affiliate, or related entity under common

• Page 3, Line 15ownership, control, or influence of an entity described pursuant to subsection (2)(b)(I) of this section.

• Page 3, Line 16(c) (I)  The department shall implement a competitive

• Page 3, Line 17selection process subject to the "Procurement Code", articles

• Page 3, Line 18101 to 112 of title 24, to select an opioid antagonist medication

• Page 3, Line 19distributor or distributors for the bulk purchasing and

• Page 3, Line 20distribution of opioid antagonists pursuant to this section. In

• Page 3, Line 21the competitive selection process, the department shall state

• Page 3, Line 22the prohibitions described pursuant to subsection (2)(b) of this

• Page 4, Line 1section. To be eligible for a contract to sell and distribute

• Page 4, Line 2opioid antagonists, the opioid antagonist medication distributor

• Page 4, Line 3shall demonstrate, and the department shall verify, that the

• Page 4, Line 4distributor is not prohibited pursuant to subsection (2)(b) of this section.

• Page 4, Line 5(II)  After the contract described pursuant to this

• Page 4, Line 6subsection (2) is awarded, all selection process records are open

• Page 4, Line 7to public inspection in accordance with the provisions of sections 24-72-203 and 24-72-204.

• Page 4, Line 8(d)  A contract or agreement that violates this subsection

• Page 4, Line 9(2) is void and unenforceable as contrary to the public policy of the state.

• Page 4, Line 10SECTION 2.  Act subject to petition - effective date. This act

• Page 4, Line 11takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 12ninety-day period after final adjournment of the general assembly; except

• Page 4, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 4, Line 14of the state constitution against this act or an item, section, or part of this

• Page 4, Line 15act within such period, then the act, item, section, or part will not take

• Page 4, Line 16effect unless approved by the people at the general election to be held in

• Page 4, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.