SB 140

                           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 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
Senate Committees  House Committees
Health & Human Services
                                    A BILL FOR AN ACT
101     CONCERNING EXEMPTING CERTAIN DRUGS FROM THE SCOPE OF
102AFFORDABILITY REVIEWS CONDUCTED BY THE COLORADO
103PRESCRIPTION DRUG AFFORDABILITY REVIEW BOARD.
                                          Bill Summary
                                                                                                              3rd Reading Unamended
             (Note: This summary applies to this bill as introduced and does
     not reflect any amendments that may be subsequently adopted. If this bill
                                                                                                                                      April 13, 2026
                                                                                                     SENATE
     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:
                                                                                                              2nd Reading Unamended
            !      Designated as a drug for a rare disease or condition by the
                   food and drug administration (FDA) of the federal
                                                                                                                                      April 9, 2026
                                                                                                     SENATE
          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.
1 Be it enacted by the General Assembly of the State of Colorado:
2SECTION 1. In Colorado Revised Statutes, amend 10-16-1415
3 as follows:
410-16-1415. Exemptions - prescription drugs derived from
5 cannabis - prescription drugs for rare diseases and conditions -
6 licensed biological products derived from human whole blood or
7 plasma.
8(1) Notwithstanding any provision of this part 14 to the contrary,
9 the board has no authority to perform an affordability review of, or to
10 establish an upper payment limit for, any A prescription drug that is:
11(a) Derived in whole or in part from cannabis;
12(b) DESIGNATED AS A DRUG FOR A RARE DISEASE OR CONDITION BY
13 THE FDA PURSUANT TO 21 U.S.C. SEC. 360bb; OR
14(c) A LICENSED BIOLOGICAL PRODUCT THAT IS DERIVED FROM
15 HUMAN WHOLE BLOOD OR PLASMA AS INDICATED ON PRODUCT LABELING
16 APPROVED BY THE FDA PURSUANT TO 42 U.S.C. SEC. 262. THE BOARD
17 SHALL REFER TO PRODUCT INFORMATION AVAILABLE ON THE FDA'S
18 APPROVED BLOOD PRODUCTS WEBSITE, INCLUDING THE LIST OF
19 FRACTIONATED PLASMA PRODUCTS, TO DETERMINE WHETHER A PRODUCT
20 IS DERIVED FROM HUMAN WHOLE BLOOD OR PLASMA.
21SECTION 2. Act subject to petition - effective date. This act
22 takes effect at 12:01 a.m. on the day following the expiration of the
23 ninety-day period after final adjournment of the general assembly (August
                                   -2-  140
1 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
2 referendum petition is filed pursuant to section 1 (3) of article V of the
3 state constitution against this act or an item, section, or part of this act
4 within such period, then the act, item, section, or part will not take effect
5 unless approved by the people at the general election to be held in
6 November 2026 and, in such case, will take effect on the date of the
7 official declaration of the vote thereon by the governor.
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