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HB26-1336 • 2026

Increase Access to Pharmacy Services

Under current law, a pharmacist may receive reimbursement under a health benefit plan and under the medical assistance program (medicaid) for health-care services provided pursuant to a collaborative

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. M. Lindsay, Rep. T. Winter, Sen. R. Pelton
Last action
2026-04-03
Official status
House Second Reading Laid Over Daily - No Amendments
Effective date
Not listed

Plain English Breakdown

The bill summary provided does not include all details from the candidate explanation, such as exact conditions and extent of Medicaid reimbursement expansion.

Increase Access to Pharmacy Services

This bill requires health benefit plans and Medicaid to cover additional pharmacist-provided services, prohibits discrimination against pharmacists based on license type, defines 'final product verification', and expands independent prescriptive authority for certain conditions.

What This Bill Does

  • Requires health benefit plans to provide coverage for health-care services provided by a pharmacist within their scope of practice.
  • Authorizes Medicaid reimbursement for additional pharmacist-provided services that are not duplicative of other reimbursed services.
  • Prohibits health insurance companies from discriminating against pharmacists based solely on their license type, allowing them to participate in provider networks and receive proper reimbursement.
  • Defines 'final product verification' as a process where a pharmacy technician or intern can physically verify drug orders after initial filling by a pharmacist.
  • Expands the definition of independent prescriptive authority for pharmacists to include patients under 12 years old, provided certain conditions are met.

Who It Names or Affects

  • Pharmacists and pharmacies providing health-care services
  • Health benefit plans and insurance carriers
  • Patients seeking pharmacy services

Terms To Know

Final product verification
A process where a pharmacy technician or intern verifies drug orders after initial filling by a pharmacist.
Independent prescriptive authority
The ability of pharmacists to prescribe certain medications without direct supervision, under specific conditions.

Limits and Unknowns

  • The bill does not specify the effective date for its provisions.
  • It is unclear how insurance companies will implement changes regarding pharmacist participation in provider networks.
  • The extent of Medicaid reimbursement expansion remains to be seen based on further regulations by the state board.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Health & Human Services

Passed [*]

Plain English: The amendment changes the requirements for health benefit plans to contract with providers willing to follow certain rules and adds new notification procedures when testing or treatment occurs.

  • Requires health benefit plans to contract with any provider who agrees to abide by their terms and conditions.
  • Adds a requirement that if testing or treatment happens, the patient's primary care provider must be notified as soon as possible. If the patient does not have a disclosed primary care provider, the pharmacist should refer them to one for further care.
  • Limits prescription orders to those that are not for controlled substances.
  • The amendment text is complex and includes several technical changes that may be hard to fully explain without additional context.
L.002

HOU Health & Human Services

Lost

Plain English: The amendment removes certain provisions from the bill that were related to pharmacist reimbursement under health benefit plans and Medicaid.

  • Removes lines 7 through 14 on page 1 of the original committee amendment (HB1336_L.001).
  • Strikes out 'OR' on page 5, line 19 of the printed bill.
  • Eliminates lines 20 through 27 on page 5 of the printed bill.
  • Removes lines 1 through 5 on page 6 of the printed bill.
  • The exact content and implications of the removed provisions are not provided in the amendment text, making it difficult to explain their specific effects.
L.004

HOU Health & Human Services

Lost

Plain English: The amendment adds requirements for pharmacists to notify a patient's primary care provider if the patient is under 18 years old and receives testing or treatment.

  • Adds new language requiring pharmacists to inform a minor patient’s primary care provider about any testing or treatment as soon as possible, unless the patient does not have or disclose their primary care provider.
  • The amendment text is specific and clear but may require additional context on how this notification process will be implemented in practice.

Bill History

  1. 2026-04-03 House

    House Second Reading Laid Over Daily - No Amendments

  2. 2026-03-31 House

    House Committee on Health & Human Services Refer Amended to House Committee of the Whole

  3. 2026-03-17 House

    Introduced In House - Assigned to Health & Human Services

Official Summary Text

Under current law, a pharmacist may receive reimbursement under a health benefit plan and under the medical assistance program (medicaid) for health-care services provided pursuant to a collaborative pharmacy practice agreement. If certain conditions are met, the bill requires health benefit plans that provide hospital, surgical, or medical expense insurance to provide coverage for health-care services provided by a pharmacist that are within the pharmacist's scope of practice. Similarly, under medicaid, the bill authorizes reimbursement for services that are within a pharmacist's scope of practice and not duplicative of other pharmacist services or programs reimbursed by medicaid.
Further, solely on the basis of the type of license or certification, a health benefit plan or health insurance carrier shall not discriminate against a pharmacist who is acting within the scope of the pharmacist's license or certification under state law, with respect to participation, referral, reimbursement of covered services, or indemnification, or prohibit a pharmacist from membership in a provider's network.
The bill makes changes to the definitions in the pharmacy practice statutes to include a definition for 'final product verification', which is defined as a physical verification process for drug, device, or product orders filled through a pharmacy's electronic system after initial fill by a technician or other automated technology. Final product verification may be delegated by a supervising pharmacist to a certified pharmacy technician or pharmacy intern. The process requires a pharmacy or other outlet to have a continuous quality assessment system in place to periodically verify the accuracy of the final drug, device, or product. A pharmacy intending to implement a final product verification program shall create a plan for final product verification, including how pharmacists' hours will be maintained to provide direct patient care. The state board of pharmacy is required to adopt rules relating to final product verification.
Under current law, a pharmacist has independent prescriptive authority for drugs that are not controlled substances, drug categories, or devices that are prescribed to patients who are at least 12 years old, if certain conditions are met. The bill also adds to the definition of the 'practice of pharmacy' to include independent prescriptive authority for drugs that are not controlled substances, drug categories, or devices that are prescribed to patients younger than 12 years old for conditions that do not require a new diagnosis, that are minor and self-limiting, or that have a test that guides diagnosis and are not medications that may only be prescribed pursuant to a certified education program and a limited distribution network.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0863.01 Brita Darling x2241 HOUSE BILL 26-1336
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING MEASURES TO I NCREASE ACCESS TO PHARMACY101
SERVICES.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.)
Under current law, a pharmacist may receive reimbursement under
a health benefit plan and under the medical assistance program (medicaid)
for health-care services provided pursuant to a collaborative pharmacy
practice agreement. If certain conditions are met, the bill requires health
benefit plans that provide hospital, surgical, or medical expense insurance
to provide coverage for health-care services provided by a pharmacist that
HOUSE SPONSORSHIP
Lindsay and Winter T.,
SENATE SPONSORSHIP
Pelton R.,
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.
are within the pharmacist's scope of practice. Similarly, under medicaid,
the bill authorizes reimbursement for services that are within a
pharmacist's scope of practice and not duplicative of other pharmacist
services or programs reimbursed by medicaid.
Further, solely on the basis of the type of license or certification,
a health benefit plan or health insurance carrier shall not discriminate
against a pharmacist who is acting within the scope of the pharmacist's
license or certification under state law, with respect to participation,
referral, reimbursement of covered services, or indemnification, or
prohibit a pharmacist from membership in a provider's network.
The bill makes changes to the definitions in the pharmacy practice
statutes to include a definition for "final product verification", which is
defined as a physical verification process for drug, device, or product
orders filled through a pharmacy's electronic system after initial fill by a
technician or other automated technology. Final product verification may
be delegated by a supervising pharmacist to a certified pharmacy
technician or pharmacy intern. The process requires a pharmacy or other
outlet to have a continuous quality assessment system in place to
periodically verify the accuracy of the final drug, device, or product. A
pharmacy intending to implement a final product verification program
shall create a plan for final product verifica tion, incl uding how
pharmacists' hours will be maintained to provide direct patient care. The
state board of pharmacy is required to adopt rules relating to final product
verification.
Under current law, a pharmacist has independent prescriptive
authority for drugs that are not controlled substances, drug categories, or
devices that are prescribed to patients who are at least 12 years old, if
certain conditions are met. The bill also adds to the definition of the
"practice of pharmacy" to include independent prescriptive authority for
drugs that are not controlled substances, drug categories, or devices that
are prescribed to patients younger than 12 years old for conditions that do
not require a new diagnosis, that are minor and self-limiting, or that have
a test that guides diagnosis and are not medications that may only be
prescribed pursuant to a certified education program and a limited
distribution network.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-16-144, amend2
(1) introductory portion, (1)(a), and (2) as follows:3
10-16-144. Health-care services provided by pharmacists.4
(1) Any A health benefit plan, except supplemental policies5
HB26-1336-2-
covering a specified disease or other limited benefit, that provides1
hospital, surgical, or medical expense insurance may MUST provide2
coverage for health-care services under a specific treatment protocol3
provided by a pharmacist if:4
(a) The pharmacist meets the requirements in part 6 of article 2805
of title 12 IS PROVIDING SERVICES THAT ARE WITHIN THE PHARMACIST 'S6
SCOPE OF PRACTICE UNDER ARTICLE 280 OF TITLE 12;7
(2) (a) A health benefit plan described in subsection (1) of this8
section shall provide coverage for health-care services provided by a9
pharmacist within a health professional shortage area, as defined in 4210
U.S.C. sec. 254e, if the conditions specified in subsection (1) of this11
section are met.12
(b) (a) This subsection (2) does not require a carrier to contract13
with IF a pharmacy or pharmacist IS willing to abide by the terms and14
conditions for participation established by the health benefit plan or15
carrier, A HEALTH BENEFIT PLAN OR CARRIER SHALL NOT DISCRIMINATE,16
WITH RESPECT TO PARTICIPATION , REFERRAL , OR REIMBURSEMENT OF17
COVERED SERVICES OR INDEMNIFICATION AS TO PHARMACISTS WHO ARE18
ACTING WITHIN THE SCOPE OF THEIR LICENSE UNDER STATE LAW, SOLELY19
ON THE BASIS OF THE TYPE OF LICENSURE . IN SELECTING PROVIDERS OF20
HEALTH-CARE SERVICES FOR MEMBERSHIP IN A PROVIDER NETWORK , A21
HEALTH BENEFIT PLAN OR CARRIER SHALL NOT DISCRIMINATE AGAINST22
PHARMACISTS WHO PROVIDE SERVICES THAT ARE COVERED BY THE PLAN23
BY PROHIBITING PHARMACISTS FROM MEMBERSHIP IN A PROVIDER24
NETWORK.25
(b) SUBSECTION (2)(a) OF THIS SECTION SHALL NOT BE CONSTRUED26
AS:27
HB26-1336-3-
(I) P ROHIBITING A HEALTH BENEFIT PLAN OR CARRIER FROM1
INCLUDING PROVIDERS IN A PROVIDER NETWORK ONLY TO THE EXTENT2
NECESSARY TO MEET THE NEEDS OF THE HEALTH BENEFIT PLAN AND ITS3
ENROLLEES OR FROM LIMITING REFERRALS OR ESTABLISHING ANY OTHER4
MEASURE DESIGNED TO MAINTAIN QUALITY AND CONTROL COSTS5
CONSISTENT WITH THE PROVISIONS OF THE HEALTH BENEFIT PLAN; OR6
(II) R EQUIRING COVERAGE FOR ANY SERVICE THAT IS NOT7
OTHERWISE COVERED UNDER THE TERMS OF A HEALTH BENEFIT PLAN.8
SECTION 2. In Colorado Revised Statutes, 12-280-103, amend9
(38.5)(a)(X), (38.5)(a)(XI), (39)(g )(IV) introductory portion,10
(39)(g)(IV)(C), and (39)(g)(V); and add (17.5), (38.5)(a)(XII), and11
(39)(g)(VI) as follows:12
12-280-103. Definitions - rules.13
As used in this article 280, unless the context otherwise requires14
or the term is otherwise defined in another part of this article 280:15
(17.5) "F INAL PRODUCT VERIFICATION " MEANS , AFTER16
PRESCRIPTION OR ORDER INFORMATION IS ENTERED INTO A PHARMACY 'S17
ELECTRONIC SYSTEM AND REVIEWED BY A PHARMACIST FOR ACCURACY,18
THERAPEUTIC APPROPRIATENESS, AND OTHER ASPECTS OF DRUG REGIMEN19
REVIEW, A PHYSICAL VERIFICATION THAT THE DRUG, DEVICE, OR PRODUCT20
SELECTED FROM THE PHARMACY 'S INVENTORY IS THE CORRECT DRUG ,21
DRUG STRENGTH , DRUG FORMULATION , DEVICE , OR PRODUCT FOR THE22
PRESCRIPTION OR ORDER.23
(38.5) (a) "Practice as a pharmacy technician" means engaging in24
any of the following activities involved in the practice of pharmacy, under25
the supervision and delegation of a supervising pharmacist:26
(X) Redispensing a prescription drug pursuant to section27
HB26-1336-4-
12-280-141 (9)(b) and (9)(c); and1
(XI) Requesting refill authorization from the prescriber or2
prescriber's agent and receiving clarifying prescription information from3
the prescriber or prescriber's agent; AND4
(XII) F INAL PRODUCT VERIFICATION FOR A DRUG , DEVICE , OR5
PRODUCT THAT IS NOT A CONTROLLED SUBSTANCE.6
(39) "Practice of pharmacy" means:7
(g) Exercising independent prescriptive authority:8
(IV) For drugs that are not controlled substances, drug categories,9
or devices that are prescribed in accordance with the product's10
FDA-approved labeling and to patients who are at least twelve years of11
age OLD and that are limited to conditions that:12
(C) Have a test that is used to guide diagnosis or clinical13
decision-making and is waived under the federal "Clinical Laboratory14
Improvement Amendments of 1988", Pub.L. 100-578, as amended; or15
(V) For any FDA-approved product indicated for opioid use16
disorder in accordance with federal law and regulations, including17
medications for opioid use disorder, if authorized pursuant to part 6 of18
this article 280; OR19
(VI) FOR DRUGS THAT ARE NOT CONTROLLED SUBSTANCES, DRUG20
CATEGORIES, OR DEVICES THAT ARE PRESCRIBED IN ACCORDANCE WITH21
THE PRODUCT'S FDA-APPROVED LABELING AND TO PATIENTS WHO ARE22
YOUNGER THAN TWELVE YEARS OLD AND THAT ARE LIMITED TO23
CONDITIONS THAT:24
(A) DO NOT REQUIRE A NEW DIAGNOSIS;25
(B) ARE MINOR AND GENERALLY SELF-LIMITING; OR26
(C) HAVE A TEST THAT IS USED TO GUIDE DIAGNOSIS OR CLINICAL27
HB26-1336-5-
DECISION-MAKING AND IS WAIVED UNDER THE FEDERAL "CLINICAL1
LABORATORY IMPROVEMENT AMENDMENTS OF 1988", PUB.L. 100-578,2
AS AMENDED , AND DO NOT REQUIRE MEDICATIONS THAT ARE ONLY3
PRESCRIBED PURSUANT TO A CERTIFIED EDUCATION PROGRAM AND A4
LIMITED DISTRIBUTION NETWORK;5
SECTION 3. In Colorado Revised Statutes, 12-280-122, add (5)6
as follows:7
12-280-122. Limited authority to delegate activities8
constituting practice of pharmacy to pharmacy interns or pharmacy9
technicians - supervision ratio - final product verification - rules -10
definition.11
(5) (a) A SUPERVISING PHARMACIST MAY DELEGATE , AND A12
PHARMACY TECHNICIAN OR AN INTERN MAY PERFORM UNDER THE13
SUPERVISION OF THE SUPERVISING PHARMACIST, TASKS ASSOCIATED WITH14
THE PHYSICAL PREPARATION AND PROCESSING OF DRUG , DEVICE , OR15
PRODUCT ORDERS.16
(b) F INAL PRODUCT VERIFICATION TASKS THAT MAY BE17
DELEGATED BY THE SUPERVISING PHARMACIST INCLUDE:18
(I) V ERIFICATION OF THE PRESCRIPTION OR DRUG , DEVICE , OR19
PRODUCT BY A SECOND PHARMACY TECHNICIAN OR INTERN CONCERNING20
THE WORK OF THE FIRST PHARMACY TECHNICIAN OR INTERN;21
(II) USE OF BARCODE OR OTHER TECHNOLOGY TO VERIFY EACH22
DRUG, DEVICE, OR PRODUCT PRIOR TO ADMINISTRATION TO AN INDIVIDUAL23
BY A HEALTH-CARE PROVIDER;24
(III) V ERIFICATION BY A SECOND PHARMACY TECHNICIAN OR25
INTERN CONCERNING THE WORK OF THE FIRST PHARMACY TECHNICIAN OR26
INTERN IN THE REPACKAGING OF DRUGS FROM BULK TO UNIT DOSE; OR27
HB26-1336-6-
(IV) OTHER ACTIVITIES AS AUTHORIZED BY THE BOARD BY RULE.1
(c) I N DELEGATING FINAL PRODUCT VERIFICATION TASKS , A2
SUPERVISING PHARMACIST SHALL USE THE PHARMACIST 'S REASONABLE3
PROFESSIONAL JUDGMENT AND SHALL ENSURE THAT AUTHORIZED TASKS4
DO NOT REQUIRE THE EXERCISE OF DISCRETION OR CLINICAL JUDGMENT BY5
A PHARMACY TECHNICIAN.6
(d) A PHARMACY OR OTHER OUTLET SHALL HAVE A CONTINUOUS7
QUALITY ASSESSMENT SYSTEM IN PLACE TO PERIODICALLY VERIFY THE8
ACCURACY OF A FINAL DRUG , DEVICE, OR PRODUCT, WHICH INCLUDES A9
PROCESS FOR THE RECORDING AND EVALUATION OF ERRORS THAT OCCUR10
AND POTENTIAL ERRORS , EVEN IF THE ERRORS DO NOT REACH THE11
PATIENT.12
(e) A PHARMACY INTENDING TO IMPLEMENT A FINAL PRODUCT13
VERIFICATION PROGRAM SHALL CREATE AND MAINTAIN A PROGRAM PLAN,14
INCLUDING HOW PHARMACISTS ' HOURS WILL BE MAINTAINED AND15
REDIRECTED FOR PROVIDING DIRECT PATIENT CARE ACTIVITIES.16
(f) THE BOARD SHALL ADOPT RULES CONCERNING FINAL PRODUCT17
VERIFICATION BY A PHARMACY TECHNICIAN OR INTERN . THE BOARD 'S18
RULES MUST INCLUDE:19
(I) TRAINING REQUIREMENTS;20
(II) EXCLUDED MEDICATIONS;21
(III) LIABILITY ISSUES; AND22
(IV) ANY OTHER RULES THE BOARD DEEMS APPROPRIATE.23
SECTION 4. In Colorado Revised Statutes, 25.5-5-511, amend24
(2)(a) as follows:25
25.5-5-511. Reimbursement for pharmacists' services -26
legislative declaration.27
HB26-1336-7-
(2) (a) A pharmacist is eligible to receive reimbursement under the1
medical assistance program for medically necessary services authorized2
in part 6 of THAT ARE WITHIN THE PHARMACIST 'S SCOPE OF PRACTICE3
PURSUANT TO article 280 of title 12 AND that are not duplicative of other4
pharmacist services or programs reimbursed under the medical assistance5
program.6
SECTION 5. Act subject to petition - effective date. This act7
takes effect at 12:01 a.m. on the day following the expiration of the8
ninety-day period after final adjournment of the general assembly (August9
12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a10
referendum petition is filed pursuant to section 1 (3) of article V of the11
state constitution against this act or an item, section, or part of this act12
within such period, then the act, item, section, or part will not take effect13
unless approved by the people at the general election to be held in14
November 2026 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
HB26-1336-8-