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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0862.01 Chelsea Princell x4335 HOUSE BILL 26-1335
House Committees Senate Committees
Education
A BILL FOR AN ACT
CONCERNING ACCESS TO ABORTION MEDICATION SERVICES ON101
COLORADO COLLEGE CAMPUSES.102
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.)
The bill requires an institution of higher education (institution) that
operates a student health center to provide on-site abortion medication
services through the student health center.
The bill requires an institution that has an on-site pharmacy to
maintain a stock of abortion medication to dispense to students enrolled
at the institution.
HOUSE SPONSORSHIP
Garcia and Nguyen,
SENATE SPONSORSHIP
Wallace,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
The bill requires an institution that does not have an on-site
pharmacy to either submit a prescription for abortion medication to a
pharmacy located off campus or dispense abortion medication through the
institution's student health center if permitted by the student health
center's licensure.
An institution is not required to provide access to or stock abortion
medication if doing so would conflict with the institution's bona fide
religious beliefs or practices.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Access to reproductive health care is a fundamental right for4
every individual in Colorado under the state constitution;5
(b) The state equal rights amendment, or ERA, article II, section6
29 of the state constitution, establishes that "[e]quality of rights under the7
law shall not be denied or abridged by the state of Colorado or any of its8
political subdivisions on account of sex";9
(c) Gender equality is fundamental to ensure full participation in10
society for all individuals, and true equality cannot be achieved without11
access to reproductive health care, including abortion;12
(d) Despite the state ERA, sex discrimination in Colorado persists,13
including discrimination based on sexual orientation, gender identity, and14
pregnancy, resulting in inequitable access to reproductive health care,15
including abortion;16
(e) Institutions of higher education serve a diverse student body,17
including women, transgender men, and nonbinary individuals, all of18
whom may require abortion medication services as part of their19
reproductive health care;20
(f) Providing reproductive health care, including abortion21
HB26-1335-2-
medication, is a generally accepted standard of medical practice that1
promotes gender equity for students at all institutions of higher education,2
including rural and underserved areas; and3
(g) It is necessary to establish requirements for institutions of4
higher education that operate student health centers to ensure access to5
abortion medication services consistent with that right.6
SECTION 2. In Colorado Revised Statutes, add 23-5-151 as7
follows:8
23-5-151. Abortion medication access - student health centers9
- data privacy - definitions.10
(1) AS USED IN THIS SECTION , UNLESS THE CONTEXT OTHERWISE11
REQUIRES:12
(a) "ABORTION MEDICATION" MEANS A PRESCRIPTION DRUG OR A13
COMBINATION OF PRESCRIPTION DRUGS USED TO TERMINATE THE14
PREGNANCY OF AN INDIVIDUAL KNOWN OR REASONABLY BELIEVED TO BE15
PREGNANT.16
(b) "I NSTITUTION" MEANS A STATE INSTITUTION OF HIGHER17
EDUCATION, AS DEFINED IN SECTION 23-18-102 (10)(a); A LOCAL DISTRICT18
COLLEGE, AS DEFINED IN SECTION 23-71-102; A PRIVATE INSTITUTION OF19
HIGHER EDUCATION , AS DEFINED IN SECTION 23-18-102 (9); AND A20
PARTICIPATING PRIVATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED21
IN SECTION 23-18-102 (8).22
(c) "L EGALLY PROTECTED HEALTH -CARE ACTIVITY " HAS THE23
MEANING SET FORTH IN SECTION 12-30-121 (1)(d).24
(d) "S TUDENT HEALTH CENTER " MEANS A HEALTH CLINIC OR25
HEALTH-CARE FACILITY LOCATED ON AN INSTITUTION 'S CAMPUS THAT26
PROVIDES HEALTH -CARE SERVICES TO STUDENTS ENROLLED AT THE27
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INSTITUTION.1
(2) O N AND AFTER AUGUST 1, 2027, AN INSTITUTION THAT2
OPERATES A STUDENT HEALTH CENTER SHALL PROVIDE ACCESS TO3
ABORTION MEDICATION TO ALL STUDENTS ENROLLED AT THE INSTITUTION.4
ACCESS TO ABORTION MEDICATION MUST BE PROVIDED IN ACCORDANCE5
WITH GENERALLY ACCEPTED STANDARDS OF MEDICAL PRACTICE.6
(3) (a) IF AN INSTITUTION'S STUDENT HEALTH CENTER INCLUDES7
AN ON -SITE PHARMACY , THE INSTITUTION 'S ON -SITE PHARMACY MUST8
MAINTAIN A STOCK OF ABORTION MEDICATION AND PROVIDE ACCESS TO9
ABORTION MEDICATION TO STUDENTS ENROLLED AT THE INSTITUTION AT10
A PHYSICAL LOCATION ON THE INSTITUTION 'S CAMPUS , WHICH MAY11
INCLUDE:12
(I) THE ON-SITE PHARMACY;13
(II) T HE STUDENT HEALTH CENTER , THROUGH A HEALTH -CARE14
PROVIDER LICENSED TO DISPENSE ABORTION MEDICATION; OR15
(III) ANOTHER PHYSICAL LOCATION ON THE INSTITUTION'S CAMPUS16
WHERE STUDENTS ENROLLED AT THE INSTITUTION CUSTOMARILY ACCESS17
PRESCRIPTION MEDICATIONS.18
(b) A STUDENT ENROLLED AT AN INSTITUTION MAY ELECT TO FILL19
A PRESCRIPTION FOR ABORTION MEDICATION AT A PHARMACY LOCATED20
OFF CAMPUS THAT IS UNAFFILIATED WITH THE INSTITUTION.21
(c) NOTHING IN THIS SUBSECTION (3) PROHIBITS AN INSTITUTION22
THAT HAS AN ON-SITE PHARMACY FROM UTILIZING TELEHEALTH SERVICES23
OR FROM CONTRACTING WITH AN EXTERNAL HEALTH-CARE PROVIDER TO24
ENSURE STUDENT ACCESS TO ABORTION MEDICATION.25
(4) I F AN INSTITUTION 'S STUDENT HEALTH CENTER DOES NOT26
INCLUDE AN ON-SITE PHARMACY, THE STUDENT HEALTH CENTER SHALL27
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MAKE ABORTION MEDICATION AVAILABLE TO STUDENTS ENROLLED AT THE1
INSTITUTION EITHER BY:2
(a) SUBMITTING A PRESCRIPTION FOR ABORTION MEDICATION TO3
BE FILLED AT AN OFF-CAMPUS PHARMACY; OR4
(b) DISPENSING ABORTION MEDICATION THROUGH A PROVIDER ON5
STAFF AT THE STUDENT HEALTH CENTER, IF PERMITTED BY THE STUDENT6
HEALTH CENTER'S LICENSURE.7
(5) E XCEPT AS OTHERWISE REQUIRED BY FEDERAL LAW , AN8
INSTITUTION SHALL NOT KNOWINGLY PROVIDE PERSONALLY IDENTIFIABLE9
INFORMATION CONTAINED IN A STUDENT 'S PATIENT RECORDS , BILLING10
RECORDS, OR PRECISE LOCATION DATA RELATED TO A LEGALLY11
PROTECTED HEALTH-CARE ACTIVITY IN RESPONSE TO A REQUEST FROM12
ANOTHER STATE SEEKING TO IMPOSE LIABILITY FOR THE LEGALLY13
PROTECTED HEALTH-CARE ACTIVITY.14
(6) A PROFESSIONAL LIABILITY INSURER MUST NOT CANCEL ,15
REFUSE TO RENEW, OR INCREASE PREMIUMS ON A POLICY COVERING AN16
INSTITUTION AS A RESULT OF THE INSTITUTION'S COMPLIANCE WITH THIS17
SECTION.18
(7) THIS SECTION DOES NOT:19
(a) P ERMIT AN INSTITUTION OR HEALTH -CARE PROVIDER TO20
VIOLATE APPLICABLE FEDERAL LAW OR REGULATION , INCLUDING THE21
UNITED STATES FOOD AND DRUG ADMINISTRATION'S REGULATIONS;22
(b) REQUIRE AN INDIVIDUAL OR ENTITY TO ACT IN VIOLATION OF23
A VALID COURT ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION;24
OR25
(c) R EQUIRE AN INSTITUTION 'S STUDENT HEALTH CENTER TO26
PROVIDE ACCESS TO OR STOCK ABORTION MEDICATION IF DOING SO IS27
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CONTRARY TO THE INSTITUTION 'S BONA FIDE RELIGIOUS BELIEFS OR1
PRACTICES.2
SECTION 3. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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