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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
April 20, 2026
HOUSE SPONSORSHIP
Lindsay and Winter T.,
SENATE SPONSORSHIP
Pelton R. and Cutter,
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
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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
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(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;6
(II) REQUIRING A HEALTH BENEFIT PLAN OR CARRIER TO CONTRACT7
WITH ANY PROVIDER WILLING TO ABIDE BY THE TERMS AND CONDITIONS8
FOR PARTICIPATION ESTABLISHED BY THE HEALTH BENEFIT PLAN OR9
CARRIER; OR10
(III) R EQUIRING COVERAGE FOR ANY SERVICE THAT IS NOT11
OTHERWISE COVERED UNDER THE TERMS OF A HEALTH BENEFIT PLAN.12
SECTION 2. In Colorado Revised Statutes, 12-280-103, amend13
(38.5)(a)(X), ( 38.5)(a)(XI), (39)(g)(IV ) introductor y portion,14
(39)(g)(IV)(C), and (39)(g)(V); and add (17.5), (38.5)(a)(XII), and15
(39)(g)(VI) as follows:16
12-280-103. Definitions - rules.17
As used in this article 280, unless the context otherwise requires18
or the term is otherwise defined in another part of this article 280:19
(17.5) "F INAL PRODUCT VERIFICATION " MEANS , AFTER20
PRESCRIPTION OR ORDER INFORMATION IS ENTERED INTO A PHARMACY 'S21
ELECTRONIC SYSTEM AND REVIEWED BY A PHARMACIST FOR ACCURACY,22
THERAPEUTIC APPROPRIATENESS, AND OTHER ASPECTS OF DRUG REGIMEN23
REVIEW, A PHYSICAL VERIFICATION THAT THE DRUG, DEVICE, OR PRODUCT24
SELECTED FROM THE PHARMACY 'S INVENTORY IS THE CORRECT DRUG ,25
DRUG STRENGTH , DRUG FORMULATION , DEVICE , OR PRODUCT FOR THE26
PRESCRIPTION OR ORDER.27
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(38.5) (a) "Practice as a pharmacy technician" means engaging in1
any of the following activities involved in the practice of pharmacy, under2
the supervision and delegation of a supervising pharmacist:3
(X) Redispensing a prescription drug pursuant to section4
12-280-141 (9)(b) and (9)(c); and5
(XI) Requesting refill authorization from the prescriber or6
prescriber's agent and receiving clarifying prescription information from7
the prescriber or prescriber's agent; AND8
(XII) F INAL PRODUCT VERIFICATION FOR A DRUG , DEVICE , OR9
PRODUCT THAT IS NOT A CONTROLLED SUBSTANCE.10
(39) "Practice of pharmacy" means:11
(g) Exercising independent prescriptive authority:12
(IV) For drugs that are not controlled substances, drug categories,13
or devices that are prescribed in accordance with the product's14
FDA-approved labeling and to patients who are at least twelve years of15
age OLD and that are limited to conditions that:16
(C) Have a test that is used to guide diagnosis or clinical17
decision-making and is waived under the federal "Clinical Laboratory18
Improvement Amendments of 1988", Pub.L. 100-578, as amended, or19
AND, IF TESTING OR TREATMENT OCCURS, FOR A PATIENT TWELVE YEARS20
OLD OR OLDER BUT UNDER EIGHTEEN YEARS OLD, THE PATIENT'S PRIMARY21
CARE PROVIDER IS NOTIFIED AS SOON AS PRACTICABLE CONSISTENT WITH22
THE FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY23
ACT OF 1996", PUB.L. 104-191, OR, IF THE PATIENT DOES NOT HAVE OR24
DISCLOSE A PRIMARY CARE PROVIDER, THE PATIENT'S PHARMACIST REFERS25
THE PATIENT TO A PRIMARY CARE PROVIDER FOR FURTHER CARE;26
(V) For any FDA-approved product indicated for opioid use27
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disorder in acco rdance with federal law and regulations, including1
medications for opioid use disorder, if authorized pursuant to part 6 of2
this article 280; OR3
(VI) FOR DRUGS THAT ARE NOT CONTROLLED SUBSTANCES, DRUG4
CATEGORIES, OR DEVICES THAT ARE PRESCRIBED IN ACCORDANCE WITH5
THE PRODUCT'S FDA-APPROVED LABELING AND TO PATIENTS WHO ARE6
FIVE YEARS OLD OR OLDER BUT UNDER TWELVE YEARS OLD AND THAT ARE7
LIMITED TO CONDITIONS THAT:8
(A) DO NOT REQUIRE A NEW DIAGNOSIS;9
(B) ARE MINOR AND GENERALLY SELF-LIMITING; OR10
(C) HAVE A TEST THAT IS USED TO GUIDE DIAGNOSIS OR CLINICAL11
DECISION-MAKING AND IS WAIVED UNDER THE FEDERAL "CLINICAL12
LABORATORY IMPROVEMENT AMENDMENTS OF 1988", PUB.L. 100-578,13
AS AMENDED; DO NOT REQUIRE MEDICATIONS THAT ARE ONLY PRESCRIBED14
PURSUANT TO A CERTIFIED EDUCATION PROGRAM AND A LIMITED15
DISTRIBUTION NETWORK; AND, IF TESTING OR TREATMENT OCCURS, THE16
PATIENT'S PRIMARY CARE PROVIDER IS NOTIFIED AS SOON AS PRACTICABLE17
CONSISTENT WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND18
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, OR, IF THE PATIENT19
DOES NOT HAVE OR DISCLOSE A PRIMARY CARE PROVIDER, THE PATIENT'S20
PHARMACIST REFERS THE PATIENT TO A PRIMARY CARE PROVIDER FOR21
FURTHER CARE;22
SECTION 3. In Colorado Revised Statutes, 12-280-122, add (5)23
as follows:24
12-280-122. Limited authority to delegate activities25
constituting practice of pharmacy to pharmacy interns or pharmacy26
technicians - supervision ratio - final product verification - rules -27
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definition.1
(5) (a) A SUPERVISING PHARMACIST MAY DELEGATE , AND A2
PHARMACY TECHNICIAN OR AN INTERN MAY PERFORM UNDER THE3
SUPERVISION OF THE SUPERVISING PHARMACIST, TASKS ASSOCIATED WITH4
THE PHYSICAL PREPARATION AND PROCESSING OF DRUG , DEVICE , OR5
PRODUCT ORDERS THAT ARE NOT FOR CONTROLLED SUBSTANCES.6
(b) F INAL PRODUCT VERIFICATION TASKS THAT MAY BE7
DELEGATED BY THE SUPERVISING PHARMACIST INCLUDE:8
(I) V ERIFICATION OF THE PRESCRIPTION OR DRUG , DEVICE , OR9
PRODUCT BY A SECOND PHARMACY TECHNICIAN OR INTERN CONCERNING10
THE WORK OF THE FIRST PHARMACY TECHNICIAN OR INTERN;11
(II) USE OF BARCODE OR OTHER TECHNOLOGY TO VERIFY EACH12
DRUG, DEVICE, OR PRODUCT PRIOR TO ADMINISTRATION TO AN INDIVIDUAL13
BY A HEALTH-CARE PROVIDER;14
(III) V ERIFICATION BY A SECOND PHARMACY TECHNICIAN OR15
INTERN CONCERNING THE WORK OF THE FIRST PHARMACY TECHNICIAN OR16
INTERN IN THE REPACKAGING OF DRUGS FROM BULK TO UNIT DOSE; OR17
(IV) OTHER ACTIVITIES AS AUTHORIZED BY THE BOARD BY RULE.18
(c) I N DELEGATING FINAL PRODUCT VERIFICATION TASKS , A19
SUPERVISING PHARMACIST SHALL USE THE PHARMACIST 'S REASONABLE20
PROFESSIONAL JUDGMENT AND SHALL ENSURE THAT AUTHORIZED TASKS21
DO NOT REQUIRE THE EXERCISE OF DISCRETION OR CLINICAL JUDGMENT BY22
A PHARMACY TECHNICIAN.23
(d) A PHARMACY OR OTHER OUTLET SHALL HAVE A CONTINUOUS24
QUALITY ASSESSMENT SYSTEM IN PLACE TO PERIODICALLY VERIFY THE25
ACCURACY OF A FINAL DRUG , DEVICE, OR PRODUCT, WHICH INCLUDES A26
PROCESS FOR THE RECORDING AND EVALUATION OF ERRORS THAT OCCUR27
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AND POTENTIAL ERRORS , EVEN IF THE ERRORS DO NOT REACH THE1
PATIENT.2
(e) A PHARMACY INTENDING TO IMPLEMENT A FINAL PRODUCT3
VERIFICATION PROGRAM SHALL CREATE AND MAINTAIN A PROGRAM PLAN,4
INCLUDING HOW PHARMACISTS ' HOURS WILL BE MAINTAINED AND5
REDIRECTED FOR PROVIDING DIRECT PATIENT CARE ACTIVITIES.6
(f) NO LATER THAN DECEMBER 31, 2026, THE BOARD SHALL ADOPT7
RULES CONCERNING FINAL PRODUCT VERIFICATION BY A PHARMACY8
TECHNICIAN OR INTERN PURSUANT TO THIS SUBSECTION (5). THE BOARD'S9
RULES MUST INCLUDE:10
(I) TRAINING REQUIREMENTS;11
(II) EXCLUDED MEDICATIONS;12
(III) LIABILITY ISSUES; AND13
(IV) ANY OTHER RULES THE BOARD DEEMS APPROPRIATE.14
SECTION 4. In Colorado Revised Statutes, 25.5-5-511, amend15
(2)(a) as follows:16
25.5-5-511. Reimbursement for pharmacists' services -17
legislative declaration.18
(2) (a) A pharmacist is eligible to receive reimbursement under the19
medical assistance program for medically necessary services authorized20
in part 6 of THAT ARE WITHIN THE PHARMACIST 'S SCOPE OF PRACTICE21
PURSUANT TO article 280 of title 12 AND that are not duplicative of other22
pharmacist services or programs reimbursed under the medical assistance23
program.24
SECTION 5. Act subject to petition - effective date. This act25
takes effect at 12:01 a.m. on the day following the expiration of the26
ninety-day period after final adjournment of the general assembly (August27
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12, 2026, if adj ournment sine die is on May 13, 2026); except that, if a1
referendum petition is filed pursuant to section 1 (3) of article V of the2
state constitution against this act or an item, section, or part of this act3
within such period, then the act, item, section, or part will not take effect4
unless approved by the people at the general election to be held in5
November 2026 a nd, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
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