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HOUSE BILL 26-1198
BY REPRESENTATIVE(S) McCormick and Winter T., Bacon, Barron,
Boesenecker, Brown, Caldwell, Clifford, Duran, Gonzalez R., Hamrick,
Johnson, Keltie, Lindsay, Lukens, Richardson, Smith, Stewart K.,
McCluskie, Flanell, Goldstein, Lieder, Marshall, Nguyen, Valdez,
Weinberg, Woodrow;
also SENATOR(S) Cutter and Pelton R., Catlin, Exum, Frizell, Kipp,
Kirkmeyer, Liston, Marchman, Roberts, Weissman, Coleman.
CONCERNING INCREASING ACCESS TO VETERINARY CARE, AND, IN
CONNECTION THEREWITH, EXPEDITING THE PROCESS BY WHICH A
VETERINARIAN IS LICENSED BY ENDORSEMENT, CLARIFYING THE USE
OF PRESCRIPTION DRUGS AND COMPOUNDED DRUGS BY
VETERINARIANS, AND ESTABLISHING A PROGRAM FOR THE DONATION
OF VETERINARY DRUGS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-315-105, amend
(3); and add (2)(b)(IV) as follows:
12-315-105. License requirements and exceptions -practice of
veterinary medicine -prescriptions -definitions -rules.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(2)(b )(IV) A VETERINARIAN WHO ADMINISTERS, DISTRIBUTES,
DISPENSES, OR PRESCRIBES A PRESCRIPTION DRUG IN ACCORDANCE WITH THIS
SUBSECTION (2)(b) IS NOT CONDUCTING THE PRACTICE OF PHARMACY, AS
DEFINED IN SECTION 12-280-103 (39), IS NOT ACTING AS A PHARMACIST, AS
DEFINED IN SECTION 12-280-103 (35),AND ISNOTSUBJECTTODISCIPLINEBY
THE STATE BOARD OF PHARMACY CREATED IN SECTION 12-280-104 SOLELY
FOR ADMINISTERING, DISTRIBUTING, DISPENSING, OR PRESCRIBING A
PRESCRIPTION DRUG IN ACCORDANCE WITH THIS SUBSECTION (2)(b ).
(3) If a veterinarian complies with the requirements of section
l 2-280-12112-315-128 (2) AND (3), the veterinarian may maintain an office
stock of compounded drugs. As used in this subsection (3), "office stock"
has the same meaning as set forth in section 12-280-121 (5)(b).
SECTION 2. In Colorado Revised Statutes, amend 12-315-109 as
follows:
12-315-109. License by endorsement -rules.
( 1) The board may issue a license by endorsement to engage in the
practice of veterinary medicine in this state to an applicant who satisfies the
requirements of the occupational credential portability program.
(2) THE BOARD SHALL REVIEW AND UPDATE EXISTING PROCEDURES
RELATED TO THE PROCESS BY WHICH AN INDIVIDUAL IS LICENSED BY
ENDORSEMENT IN ACCORDANCE WITH THIS SECTION AND SHALL ADOPT
RULES WITH THE INTENT TO EXPEDITE THE LICENSURE BY ENDORSEMENT
PROCESS, WHICH MAY INCLUDE ELIMINATING DUPLICATIVE REQUIREMENTS
AND STREAMLINING THE PATHWAY TO LI CENSURE.
SECTION 3. In Colorado Revised Statutes, add with amended
and relocated provisions 12-315-128 as follows:
12-315-128. Compounding drugs for veterinary use -dispensing
of drugs by veterinarian -rules -definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
PAGE 2-HOUSE BILL 26-1198
(a) (I) "COMPOUNDED" MEANS THE PREPARATION, MIXING,
ASSEMBLING, PACKAGING, OR LABELING OF A DRUG OR DEVICE:
(A) As A RESULT OF A VETERINARIAN'S PRESCRIPTION DRUG ORDER,
CHART ORDER, OR INITIATIVE, BASED ON THE RELATIONSHIP BETWEEN THE
VETERINARIAN, PATIENT, AND PHARMACIST IN THE COURSE OF PROFESSIONAL
PRACTICE; OR
(B) FOR THE PURPOSE OF, OR AS AN INCIDENT TO, RESEARCH,
TEACHING, OR CHEMICAL ANALYSIS AND NOT FOR SALE OR DISPENSING.
(II) "COMPOUNDED" ALSO INCLUDES THE PREPARATION OF DRUGS OR
DEVICES IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON
ROUTINE, REGULARLY OBSERVED PRESCRIBING PATTERNS.
(b) "DRUG" HAS THE MEANING SET FORTH IN SECTION 12-280-103
(16).
( c) "OFFICE STOCK" HAS THE MEANING SET FORTH IN SECTION
12-280-121 (5)(b).
( d) "PRESCRIPTION DRUG OUTLET" HAS THE MEANING SET FORTH IN
SECTION 12-280-121 (5)(c).
(2) [Formerly 12-280-121 (2)] (a) A veterinarian may dispense a
compounded drug maintained as part of the veterinarian's office stock
pursuant to subsection (1) of this section only if
ffl the compounded drug is necessary for the treatment of an animal
A patient's emergency condition. and
(II) As determined by the veterinarian, the veterinarian cannot
access, in a timely manner, the compounded drug through a t egistet ed
pt esct iption drug outlet.
(b) A veterinarian shall not dispense a compounded drug pursuant
to this section in an amount greater than the amount required to treat an
animal patient's ernetgency condition fur five days A PATIENT'S CONDITION.
(3) [Formerly 12-280-121 (3)] A licensed veterinarian shall not
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administer or dispense a compounded drug maintained for office stock
pursuant to this section or for office use pmsuant to section 12-280-120
f6JtbJ without a valid veterinarian-client-patient relationship in place at the
time of administering the compounded drug to an animal A patient or
dispensing the compounded drug to a client.
( 4) A VETERINARIAN MAY COMPOUND AND DISPENSE COMPOUNDED
DRUGS FOR ANY PATIENT FOR WHICH THE VETERINARIAN HAS A
VETERINARIAN-CLIENT-PATIENT RELATIONSHIP AND THE VETERINARIAN
DETERMINES THAT IT IS DESIRABLE OR NECESSARY FOR THE TREATMENT OF
THE PATIENT'S CONDITION.
( 5) THE BOARD MAY ADOPT ANY RULES NECESSARY TO IMPLEMENT
AND ADMINISTER THIS SECTION.
SECTION 4. Repeal of relocated provisions in this act. In
Colorado Revised Statutes, repeal 12-280-121 (2) and (3 ).
SECTION 5. In Colorado Revised Statutes, 12-315-201, amend
(l)(a)(I) as follows:
12-315-201. Additional board duties -rules -repeal.
( 1) In addition to any other duties specified in this part 2 and
sections 12-315-105.5 and 12-315-106, the board shall:
(a) Approve a nationally recognized veterinary technician
credentialing organization for purposes of credentialing veterinary
technicians in this state. The credentialing organization approved by the
board must:
(I) Require the completion of an American Vetetinary Medical
Association-acct edited ACCREDITED program for veterinary technicians;
SECTION 6. In Colorado Revised Statutes, add 12-315-127 as
follows:
12-315-127. Veterinary drug donation program -rules.
(1) AN OWNER OF AN ANIMAL MAY DONATE A PRESCRIPTION DRUG
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THAT IS DISPENSED FOR BUT NOT USED BY THE ANIMAL TO A LICENSED
VETERINARIAN OR ANIMAL SHELTER IN WHICH VETERINARY MEDICINE IS
PRACTICED IF THE LICENSED VETERINARIAN OR ANIMAL SHELTER ACCEPTS
THE DRUG.
(2) EXCEPT AS PROVIDED IN SUBSECTION (4)(b) OFTHIS SECTION, A
LICENSED VETERINARIAN MAY REISSUE A DONATED DRUG ACCEPTED
PURSUANT TO THIS SECTION TO FILL OTHER PRESCRIPTIONS DISPENSED BY
THE LICENSED VETERINARIAN FREE OF CHARGE FOR AN ANIMAL IF:
( a) THE LICENSED VETERINARIAN DETERMINES THAT THE OWNER OF
THE ANIMAL IS ELIGIBLE FOR THE REISSUANCE OF THE DRUG;
(b) THE LICENSED VETERINARIAN DETERMINES THAT THE DRUG IS
SUITABLE FOR REISSUANCE;
( c) THE DRUG WAS ORIGINALLY DISPENSED BY A LICENSED
VETERINARIAN OR A LICENSED PHARMACIST;
(d) THE DRUG IS NOT A CONTROLLED SUBSTANCE;
( e) THE DRUG IS NOT A COMPOUNDED DRUG;
(f) THE DRUG DOES NOT REQUIRE REFRIGERATION BEFORE OPENING;
(g) THE DRUG IS NOT IN A LIQUID FORM OR, IF IN LIQUID FORM, THE
DRUG IS PACKAGED IN AN UNOPENED VIAL OR A SINGLE-DOSE UNOPENED
AMPULE;
(h) THE DRUG IS NOT EXPIRED;
(i) THE PACKAGING OR BOTTLE CONTAINS THE EXPIRATION DATE OF
THE DRUG; AND
U) THE NAME OF THE ANIMAL, THE NAME OF THE OWNER OF THE
ANIMAL FOR WHICH THE DRUG WAS ORIGINALLY DISPENSED, THE
PRESCRIPTION NUMBER, AND ANY OTHER IDENTIFYING MARKS OR
INFORMATION ARE OBLITERATED FROM THE PACKAGING OR BOTTLE BEFORE
THE DRUG IS REISSUED.
PAGE 5-HOUSE BILL 26-1198
(3) A LICENSED VETERINARIAN SHALL:
(a) IDENTIFY AND MAINTAIN SEPARATELY FROM OTHER STOCK A
DONATED DRUG ACCEPTED PURSUANT TO THIS SECTION; AND
(b) MAKE A RECORD OF EACH DONATED DRUG ACCEPTED PURSUANT
TO THIS SECTION THAT INCLUDES, AT MINIMUM:
(I) THE DATE ON WHICH THE DRUG WAS DONATED;
(II) THE NAME OF THE PERSON THAT DONATED THE DRUG;
(Ill) THE ANIMAL FOR WHICH THE DRUG WAS ORIGINALLY
PRESCRIBED AND THE NAME OF THE OWNER OF THE ANIMAL; AND
(IV) THE EXPIRATION DATE OF THE DRUG.
( 4) A LICENSED VETERINARIAN SHALL NOT:
(a) SELL OR RESELL A DONA TED DRUG ACCEPTED PURSUANT TO THIS
SECTION; OR
(b) DISPENSE A DONA TED DRUG ACCEPTED PURSUANT TO THIS
SECTION TO FILL OTHER PRESCRIPTIONS DISPENSED BY THE LICENSED
VETERINARIAN FOR AN ANIMAL IF THE ANIMAL IS RAISED TO PRODUCE FOOD
FOR HUMAN CONSUMPTION OR THE ANIMAL IS ORDINARILY CONSUMED BY
ANIMALS THAT ARE RAISED TO PRODUCE FOOD FOR HUMAN CONSUMPTION.
(5) (a) A LICENSED VETERINARIAN, ANIMAL SHELTER IN WHICH
VETERINARY MEDICINE IS PRACTICED, OR OTHER PERSON THAT EXERCISES
REASONABLE CARE IN DONATING OR ACCEPTING, DISTRIBUTING, OR
DISPENSING A DONATED DRUG IN ACCORDANCE WITH THIS SECTION AND ANY
RULES ADOPTED PURSUANT TO THIS SECTION IS NOT SUBJECT TO CIVIL OR
CRIMINAL LIABILITY OR DISCIPLINARY ACTION BY A PROFESSIONAL
LICENSING BOARD FOR ANY LOSS, INJURY, OR DEATH THAT RESULTS FROM
THE DONATION OF A DRUG OR THE ACCEPTANCE, DISTRIBUTION, OR
DISPENSATION OF THE DONATED DRUG.
(b) A MANUFACTURER OF A DRUG IS NOT SUBJECT TO CIVIL OR
CRIMINAL LIABILITY FOR ANY CLAIM OR INJURY ARISING FROM THE
PAGE 6-HOUSE BILL 26-1198
DONATION OF THE DRUG OR ACCEPTANCE, DISTRIBUTION, OR DISPENSATION
OF THE DONATED DRUG PURSUANT TO THIS SECTION AND ANY RULES
ADOPTED PURSUANT TO THIS SECTION.
( 6) THE BOARD MAY ADOPT RULES AS NECESSARY TO IMPLEMENT
THIS SECTION, INCLUDING:
(a) REQUIREMENTSFORISSUINGDONATEDDRUGSPURSUANTTOTHIS
SECTION, INCLUDING REQUIREMENTS THAT PROVIDE APPROPRIATE
SAFEGUARDS FOR ENSURING THAT THE DRUGS ARE NOT COMPROMISED OR
ILLEGALLY DIVERTED BEFORE BEING REISSUED;
(b) REQUIREMENTS FOR A LICENSED VETERINARIAN'S OR ANIMAL
SHELTER'S ACCEPTANCE OF DONATED DRUGS; AND
(c) REQUIREMENTS FOR MAINTAINING RECORDS RELATED TO THE
ACCEPTANCE AND USE OF DONATED DRUGS TO FILL OTHER PRESCRIPTIONS
PURSUANT TO THIS SECTION.
SECTION 7. In Colorado Revised Statutes, 12-280-119, amend
(12)(b) and (12)(c) as follows:
12-280-119. Registration of facilities -rules.
(12) (b) The board may issue a limited license to an animal shelter
or animal control agency to perform the activities described in section
12-280-120 (17) 12-315-128 (4).
( c) The board shall adopt rules as necessary to ensure strict
compliance with this subsection (12) and section 12-280-120 (17)
12-315-128 (4) and, in conjunction with the state board of veterinary
medicine, shall develop criteria for training individuals in the administration
of the drug or combination of drugs.
SECTION 8. In Colorado Revised Statutes, 12-280-127, amend
(l)(b) as follows:
12-280-127. Disciplinary actions.
( 1) (b) The board may suspend or revoke a registration issued
PAGE 7-HOUSE BILL 26-1198
pursuant to section 12-280-119 (12) upon determination that the person
administering a drug or combination of drugs to an animal has not
demonstrated adequate knowledge required by sections 12-280-119 (12)
and 12-280-120 (17) 12-315-128 (4).
SECTION 9. Act subject to petition - effective date. This act
takes effect January 1, 2027; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 8-H OUSE BILL 26-1198
held in November 2026 and, in such case, will take effect January 1, 2027,
or on the date of the official declaration of the vote thereon by the governor,
whichever is later.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED on N•eoh1.t~dl7\'1 ~Yd 29-ti.. 202..b ocf- \O: OO~>i--i
(Date and ime)
Jared S.
GOVE
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