KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Colorado

SB26-140 • 2026

Exempt Drugs from Prescription Drug Affordability Board Reviews

The bill states that the Colorado prescription drug affordability review board has no authority to perform an affordability review of, or to establish an upper payment limit for, a prescription drug t

Passed Legislature

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

Sponsor
Sen. L. Frizell, Sen. J. Marchman, Rep. L. Gilchrist, Rep. D. Johnson, Sen. J. Amabile, Sen. S. Bright, Sen. J. Carson, Sen. I. Jodeh, Sen. B. Kirkmeyer, Sen. C. Simpson, Rep. M. Bradfield, Rep. A. Hartsook, Rep. J. Joseph, Rep. R. Taggart, Sen. M. Baisley, Sen. J. Coleman, Sen. L. Liston, Sen. B. Pelton, Sen. R. Pelton
Last action
2026-04-13
Official status
Senate Third Reading Passed - No Amendments
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the board should determine exemptions based on FDA information, only that it is available for reference.

Exempting Certain Drugs from Review

This bill stops a review board in Colorado from checking drug prices for certain medicines that treat rare diseases or are made from human blood and plasma.

What This Bill Does

  • The bill says the Colorado Prescription Drug Affordability Review Board cannot look at drugs for rare diseases to see if they cost too much.
  • It also stops the board from setting price limits on biological products made from human whole blood or plasma.

Who It Names or Affects

  • People who need drugs for rare diseases
  • Companies that make biological products from human blood and plasma

Terms To Know

Rare disease
A condition that affects a very small number of people.
Biological product
A medicine made using living organisms or parts of them, like blood products.

Limits and Unknowns

  • The bill does not specify what happens if the FDA changes its list of rare disease drugs or blood products.
  • It is unclear how many people will be affected by this change in Colorado.

Bill History

  1. 2026-04-13 Senate

    Senate Third Reading Passed - No Amendments

  2. 2026-04-10 Senate

    Senate Third Reading Laid Over to 04/13/2026 - No Amendments

  3. 2026-04-09 Senate

    Senate Second Reading Passed - No Amendments

  4. 2026-04-08 Senate

    Senate Second Reading Laid Over to 04/09/2026 - No Amendments

  5. 2026-04-02 Senate

    Senate Committee on Health & Human Services Refer Unamended to Senate Committee of the Whole

  6. 2026-03-16 Senate

    Introduced In Senate - Assigned to Health & Human Services

Official Summary Text

The bill states that the Colorado prescription drug affordability review board has no authority to perform an affordability review of, or to establish an upper payment limit for, a prescription drug that is:
Designated as a drug for a rare disease or condition by the food and drug administration (FDA) of the federal department of health and human services; or
A licensed biological product that is derived from human whole blood or plasma as indicated on product labeling approved by the FDA.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0737.01 Richard Sweetman x4333 SENATE BILL 26-140
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
CONCERNING EXEMPTING CERTAIN DRUGS FROM THE SCOPE OF101
AFFORDABILITY REVIEWS CONDUCTED BY THE COLORADO102
PRESCRIPTION DRUG AFFORDABILITY REVIEW BOARD.103
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 states that the Colorado prescription drug affordability
review board has no authority to perform an affordability review of, or to
establish an upper payment limit for, a prescription drug that is:
! Designated as a drug for a rare disease or condition by the
food and drug administration (FDA) of the federal
SENATE
3rd Reading Unamended
April 13, 2026
SENATE
2nd Reading Unamended
April 9, 2026
SENATE SPONSORSHIP
Frizell and Marchman, Amabile, Bright, Carson, Jodeh, Kirkmeyer, Simpson, Baisley,
Coleman, Liston, Pelton B., Pelton R.
HOUSE SPONSORSHIP
Gilchrist and Johnson, Bradfield, Hartsook, Joseph, Taggart
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.
department of health and human services; or
! A licensed biological product that is derived from human
whole blood or plasma as indicated on product labeling
approved by the FDA.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 10-16-14152
as follows:3
10-16-1415. Exemptions - prescription drugs derived from4
cannabis - prescription drugs for rare diseases and conditions -5
licensed biological products derived from human whole blood or6
plasma.7
(1) Notwithstanding any provision of this part 14 to the contrary,8
the board has no authority to perform an affordability review of, or to9
establish an upper payment limit for, any A prescription drug that is:10
(a) Derived in whole or in part from cannabis;11
(b) DESIGNATED AS A DRUG FOR A RARE DISEASE OR CONDITION BY12
THE FDA PURSUANT TO 21 U.S.C. SEC. 360bb; OR13
(c) A LICENSED BIOLOGICAL PRODUCT THAT IS DERIVED FROM14
HUMAN WHOLE BLOOD OR PLASMA AS INDICATED ON PRODUCT LABELING15
APPROVED BY THE FDA PURSUANT TO 42 U.S.C. SEC. 262. THE BOARD16
SHALL REFER TO PRODUCT INFORMATION AVAILABLE ON THE FDA'S17
APPROVED BLOOD PRODUCTS WEBSITE , INCLUDING THE LIST OF18
FRACTIONATED PLASMA PRODUCTS, TO DETERMINE WHETHER A PRODUCT19
IS DERIVED FROM HUMAN WHOLE BLOOD OR PLASMA.20
SECTION 2. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly (August23
140-2-
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
140-3-