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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0751.02 Brita Darling x2241 SENATE BILL 26-130
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING THE OPERATION OF MEDICAL SPAS INVOLVING THE USE101
OF PRESCRIPTION DRUGS , AND , IN CONNECTION THEREWITH ,102
ESTABLISHING THAT CERTAIN ACTIONS BY MEDICAL SPAS ARE103
UNFAIR OR DECEPTIVE TRADE PRACTICES UNDER THE104
"COLORADO CONSUMER PROTECTION ACT".105
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 makes it an unfair or deceptive trade practice under the
"Colorado Consumer Protection Act" for a facility or medical practice
SENATE SPONSORSHIP
Kipp and Frizell,
HOUSE SPONSORSHIP
Lieder,
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.
providing cosmetic, aesthetic, wellness, longevity, or lifestyle treatments
involving the administration or use of prescription drugs, including
injectable and sterile drug products (medical spa), to:
! Acquire or receive a prescription drug from a person not
legally authorized to distribute or transfer the prescription
drug;
! Fail to store, handle, prepare, or administer a prescription
drug in accordance with manufacturer requirements,
applicable federal and state law, or generally accepted
standards of medical practice;
! Permit an individual to prescribe or administer prescription
drugs outside the scope of the individual's state-issued
credential;
! Fail to maintain reasonable safeguards to prevent
contamination, diversion, theft, or misuse of prescription
drugs;
! Represent that a prescription drug is safe or effective in a
manner inconsistent with federal law or federal food and
drug administration-approved labeling; has sponsorship,
approval, characteristics, ingredients, uses, or benefits that
it does not have; or is approved by the federal food and
drug administration when it is not;
! Fail to designate a licensed health-care provider with
prescriptive authority to provide clinical oversight of
prescription drugs used at the medical spa; or
! Fail to create, maintain, or produce to the attorney general
or a district attorney records of serious adverse events
involving patients.
The attorney general or a district attorney may enforce a violation
of a prohibited action specified in the bill. The attorney general may adopt
rules to implement the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the "Medical2
Spa Prescription Drug Consumer Protection Act".3
SECTION 2. Legislative declaration. (1) The general assembly4
finds that:5
(a) Medical spas operating in Colorado increasingly provide6
services involving the administration or use of prescription drugs,7
SB26-130-2-
including injectable and sterile drug products, in facilities marketed1
primarily for cosmetic, aesthetic, wellness, longevity, or lifestyle purposes2
rather than as traditional health-care offices;3
(b) Consumers may reasonably assume that prescription drugs4
administered in medical spa settings are subject to uniform safety5
standards and truthful representations, when in fact oversight varies6
depending on the business model and the credentials of individual7
practitioners;8
(c) The improper acquisition, storage, handling, administration,9
or marketing of prescription drugs in a medical spa setting presents a risk10
of serious adverse events and patient harm, particularly when prescription11
drugs are used without adequate clinical oversight or outside the scope of12
a practitioner's license;13
(d) The state has a compelling interest in preventing deceptive,14
misleading, or unsafe business practices involving prescription drugs,15
regardless of the setting in which those drugs are administered; and16
(e) The "Colorado Consumer Protection Act", article 1 of title 6,17
Colorado Revised Statutes, provides the attorney general and district18
attorneys with established investigatory and enforcement authority to19
address deceptive or unfair trade practices without the creation of a new20
regulatory or licensing program.21
(2) Therefore, the general assembly declares that the purposes of22
this act are to:23
(a) Establish clear, enforceable standards of conduct applicable to24
medical spas that administer or use prescription drugs;25
(b) Prohibit deceptive or unfair practices relating to the sourcing,26
handling, administration, and representation of prescription drugs in27
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medical spa settings;1
(c) Authorize enforcement by the attorney general and district2
attorneys under the "Colorado Consumer Protection Act";3
(d) Avoid the creation of a new state registration, licensing, or4
inspection program or the imposition of mandatory administrative duties5
on a state agency; and6
(e) Preserve the authority of existing professional regulatory7
boards to regulate professionals within their respective scopes of practice.8
SECTION 3. In Colorado Revised Statutes, add 6-1-741 as9
follows:10
6-1-741. Medical spas - prohibited practices - enforcement -11
rules - definitions.12
(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT13
OTHERWISE REQUIRES:14
(a) "F OOD AND DRUG ADMINISTRATION " OR "FDA" MEANS THE15
FOOD AND DRUG ADMINISTRATION IN THE UNITED STATES DEPARTMENT16
OF HEALTH AND HUMAN SERVICES, OR ANY SUCCESSOR ENTITY.17
(b) "MEDICAL SPA" MEANS A FACILITY OR PRACTICE THAT:18
(I) OFFERS OR PROVIDES MEDICAL HEALTH-CARE SERVICES;19
(II) P REPARES, ADMINISTERS , DISPENSES , OR OTHERWISE USES20
PRESCRIPTION DRUGS FOR INTRAVENOUS , INTRAMUSCULAR , OR21
SUBCUTANEOUS DELIVERY; AND22
(III) HOLDS ITSELF OUT TO THE PUBLIC AS PROVIDING COSMETIC,23
AESTHETIC, WELLNESS , LONGEVITY , OR LIFESTYLE TREATMENTS ,24
INCLUDING WEIGHT LOSS SERVICES , BOTULINUM TOXIN INJECTIONS ,25
DERMAL FILLERS , HORMONE THERAPIES , HAIR LOSS TREATMENTS , OR26
PARENTERAL NUTRIENT THERAPIES.27
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(c) "P RESCRIPTION DRUG " HAS THE MEANING SET FORTH IN1
SECTION 12-280-103.2
(d) "S ERIOUS ADVERSE EVENT " MEANS AN ADVERSE EVENT3
RESULTING IN DEATH , A LIFE -THREATENING CONDITION , INPATIENT4
HOSPITALIZATION, PERSISTENT OR SIGNIFICANT DISABILITY, OR MEDICAL5
INTERVENTION NECESSARY TO PREVENT SUCH OUTCOMES.6
(2) Prohibited practices. A MEDICAL SPA ENGAGES IN AN UNFAIR7
OR DECEPTIVE TRADE PRACTICE UNDER THIS ARTICLE 1 WHEN , IN THE8
COURSE OF ITS BUSINESS, VOCATION, OR OCCUPATION, THE MEDICAL SPA:9
(a) ACQUIRES OR RECEIVES A PRESCRIPTION DRUG FROM A PERSON10
NOT LEGALLY AUTHORIZED TO DISTRIBUTE OR TRANSFER THE11
PRESCRIPTION DRUG;12
(b) F AILS TO STORE , HANDLE , PREPARE , OR ADMINISTER A13
PRESCRIPTION DRUG IN ACCORDANCE WITH MANUFACTURER14
REQUIREMENTS, APPLICABLE FEDERAL AND STATE LAW , OR GENERALLY15
ACCEPTED STANDARDS OF MEDICAL PRACTICE;16
(c) P ERMITS AN INDIVIDUAL TO PRESCRIBE OR ADMINISTER17
PRESCRIPTION DRUGS OUTSIDE THE SCOPE OF THE INDIVIDUAL 'S18
STATE-ISSUED CREDENTIAL;19
(d) FAILS TO MAINTAIN REASONABLE SAFEGUARDS TO PREVENT20
CONTAMINATION, DIVERSION, THEFT, OR MISUSE OF PRESCRIPTION DRUGS;21
(e) REPRESENTS THAT A PRESCRIPTION DRUG:22
(I) I S SAFE OR EFFECTIVE IN A MANNER INCONSISTENT WITH23
FEDERAL LAW OR FDA-APPROVED LABELING;24
(II) H AS SPONSORSHIP , APPROVAL , CHARACTERISTICS ,25
INGREDIENTS, USES, OR BENEFITS THAT IT DOES NOT HAVE; OR26
(III) IS APPROVED BY THE FOOD AND DRUG ADMINISTRATION WHEN27
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IT IS NOT;1
(f) FAILS TO DESIGNATE A LICENSED HEALTH-CARE PROVIDER WITH2
PRESCRIPTIVE AUTHORITY TO PROVIDE CLINICAL OVERSIGHT OF3
PRESCRIPTION DRUGS USED AT THE MEDICAL SPA; OR4
(g) FAILS TO CREATE, MAINTAIN, OR PRODUCE TO THE ATTORNEY5
GENERAL OR A DISTRICT ATTORNEY RECORDS OF SERIOUS ADVERSE6
EVENTS REQUIRED PURSUANT TO SUBSECTION (3) OF THIS SECTION.7
(3) Records of serious adverse events.8
(a) A MEDICAL SPA SHALL CREATE AND MAINTAIN INTERNAL9
RECORDS OF A PATIENT 'S SERIOUS ADVERSE EVENTS INVOLVING10
PRESCRIPTION DRUGS ADMINISTERED AT THE MEDICAL SPA.11
(b) R ECORDS REQUIRED UNDER SUBSECTION (3)(a) OF THIS12
SECTION MUST BE PRODUCED UPON REQUEST OF THE ATTORNEY GENERAL13
OR THE DISTRICT ATTORNEY WITH JURISDICTION OVER THE MEDICAL SPA14
FOR PURPOSES OF ENFORCING THIS SECTION.15
(c) RECORDS AND INFORMATION RELATING TO SERIOUS ADVERSE16
EVENTS ARE CONFIDENTIAL AND ARE NOT SUBJECT TO PUBLIC INSPECTION17
PURSUANT TO SECTION 24-72-204 (2).18
(4) THE ATTORNEY GENERAL MAY ADOPT RULES TO IMPLEMENT19
THIS SECTION.20
SECTION 4. Act subject to petition - effective date -21
applicability. (1) This act takes effect at 12:01 a.m. on the day following22
the expiration of the ninety-day period after final adjournment of the23
general assembly (August 12, 2026, if adjournment sine die is on May 13,24
2026); except that, if a referendum petition is filed pursuant to section 125
(3) of article V of the state constitution against this act or an item, section,26
or part of this act within such period, then the act, item, section, or part27
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will not take effect unless approved by the people at the general election1
to be held in November 2026 and, in such case, will take effect on the2
date of the official declaration of the vote thereon by the governor.3
(2) This act applies to actions taken on or after the applicable4
effective date of this act.5
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