2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ADMINISTRATION (§§ 25-1-101 — 25-1.5-701) › Article 1.5 - POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1.5-101 — 25-1.5-701) › Part 1 - GENERAL POWERS AND DUTIES (§§ 25-1.5-101 — 25-1.5-122) › Section 25-1.5-115 - Opioid antagonist bulk purchase fund - creation - rules - report - appropriation - definitions - repeal

(1)
(a)
The opioid antagonist bulk purchase fund is created in the state treasury. The fund consists of payments made to the department by participating eligible entities for the purchase of opioid antagonists; gifts, grants, and donations credited to the fund pursuant to subsection (1)(b) of this section; and any money that the general assembly may appropriate or transfer to the fund.
(b)
The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(c)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(2)
Money in the fund is continuously appropriated to the department for bulk purchasing of opioid antagonists. Eligible entities may purchase opioid antagonists from the department. The department may contract with a prescription drug outlet, as defined in section
12-280-103 (43)
, for the bulk purchasing and distribution of opioid antagonists. The department may prioritize the purchase of opioid antagonists by eligible entities based on the need of the entity and the availability of the opioid antagonists as determined by the department. The department shall provide technical assistance to participating eligible entities to ensure that eligible entities complete all training and registration requirements.
(3)
The department shall promulgate rules specifying the amount an eligible entity must pay to purchase opioid antagonists from the department.
(4)
(a)
No later than October 1, 2020, and every October 1 thereafter, the executive director of the department or the executive director's designee shall report to the house and senate appropriations committees, or their successor committees, on the fund's activity. The report must include:
(I)
Revenue received by the fund;
(II)
Revenue and expenditure projections for the forthcoming fiscal year and details of all expenditures from the fund;
(III)
The eligible entities that purchased opioid antagonists;
(IV)
The amount of opioid antagonists purchased by each eligible entity; and
(V)
The discount procured through bulk purchasing.
(b)
Notwithstanding section
24-1-136 (11)(a)(I)
, the report required in this subsection (4) continues indefinitely.
(5)
As used in this section:
(a)
"Eligible entity" means a person or entity described in section
12-30-110 (1)(a)
; except that an employee or agent of a school must be acting in accordance with section
12-30-110 (1)(b), (2)(b), and (4)(b)
, and, as applicable, section
22-1-119.1
.
(b)
"Fund" means the opioid antagonist bulk purchase fund created in subsection (1)(a) of this section.
(6)
(a)
For the 2022-23 state fiscal year, the general assembly shall appropriate nineteen million seven hundred thousand dollars from the behavioral and mental health cash fund, created in section
24-75-230
, to the fund.
(b)
This subsection (6) is repealed, effective July 1, 2024.
Amended by 2024 Ch. 458,§ 20, eff. 6/6/2024.
Amended by 2022 Ch. 225, § 21, eff. 7/1/2022.
Amended by 2021 Ch. 33, § 4, eff. 4/15/2021.
Added by 2019 Ch. 273, § 10, eff. 5/23/2019.
L. 2019: Entire section added, (SB 19-227), ch. 2580, p. 2580, § 10, effective May 23. L. 2021: (2) and (5)(b) amended and (5)(d), (5)(e), and (5)(f) added, (SB 21-122), ch. 33, p. 137, § 4, effective April 15.
Section 17 of chapter 273 (SB 19-227), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after May 23, 2019.