All Roll Calls
Yes: 193 • No: 25
ColoradoSB25-2892025 Regular SessionSenateWALLET
Creation of a Drug Donation Program
Sponsored By: Emily Sirota (Democratic), Kyle Brown (Democratic), Lisa Cutter (Democratic)
Signed by Governor
Professions & OccupationsPublic Health
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 0 costs, 6 mixed.
More ways to donate unused medicine
People and entities legally allowed to possess medicine, including government agencies and unlicensed individuals, can donate it. Recipients include licensed hospitals, pharmacies, clinics, health-care providers, and prescriber offices with licenses or registrations in good standing. Supply-chain recipients qualify only if nonprofit or nonprofit-controlled; existing reuse rules also allow legally authorized recipients beyond nonprofits. Recipients can transfer donations within Colorado or to another state's program and repackage medicine for storage, dispensing, administration, or transfer. Participating outlets can replenish medicine previously given to eligible patients under the federal 340B program using the same drug name and strength. Out-of-state participants follow Colorado requirements unless those requirements differ from or conflict with their home state's rules. Program donation, receipt, transfer, and related assistance do not require a wholesale distributor license by themselves.
Free donated medicine for qualifying pets
Animal owners can donate unused veterinary drugs to a willing licensed veterinarian or qualifying animal shelter. A veterinarian can reissue them free for another animal's prescription after finding economic need and confirming suitability. Drugs must have been dispensed by a licensed veterinarian, remain unopened and unexpired, display an expiration date, and need no refrigeration before opening. Controlled and compounded drugs are excluded; liquids qualify only in single-dose ampules or vials. Before reissuance, the original animal's and owner's details, prescription number, and other identifying marks must be removed. Veterinarians must identify and separate donated drugs and record the donation date, donor's name, and expiration date. They cannot sell donated drugs or dispense them for food-producing animals or animals ordinarily eaten by food-producing animals. The law sets its effective time at 12:01 a.m. the day after the 90-day period following final adjournment. A timely referendum petition blocks effectiveness unless voters approve the act at the November 2026 general election. After that approval, effectiveness begins with the governor's official declaration of the vote.
Donated medicine for patients in need
The law creates the voluntary Colorado Drug Donation Program for unused medicine. Patients qualify if they need the medicine and are poor, uninsured, or underinsured. Others qualify only when no need for that medicine is identified among those priority groups. Donated medicine cannot be resold for profit, but handling, dispensing, and usual service charges are allowed. For-profit recipients cannot charge more than their costs, including current and anticipated program costs such as shipping, labor, storage, technology, and equipment.
More donated drugs with safety checks
Prescription supplies, devices, and some refrigerated, frozen, or specially stored drugs qualify for donation. Special-storage drugs qualify only with continuous manufacturer-required storage and a verifiable cold chain. Controlled substances, compounded drugs, and drugs dispensed by pharmacies outside the United States are excluded. Drugs under special federal safety programs qualify only with required compliance or initial dispensing through a restricted distribution channel. Medicine must meet packaging rules and remain unexpired through its prescribed use. A licensed pharmacist must inspect donations; repackaged medicine stays separate until inspected and initialed, and combined batches use the earliest expiration date. Before dispensing, a pharmacist must repackage medicine or prior patient details must be removed from the donated container. A valid prescription is required when otherwise required by law, and recipients keep patient-specific records. Unacceptable medicine must be returned, lawfully destroyed, or sent to a returns processor, with disposal records.
Legal protections for animal medicine donations
Veterinarians, qualifying shelters, and others receive civil, criminal, and licensing-discipline protections for covered animal-drug donation activities. They must use reasonable care and follow the law and its rules. Drug manufacturers receive civil and criminal liability protection for claims or injuries arising from those activities. These protections limit remedies for covered loss, injury, or death. The law sets its effective time at 12:01 a.m. the day after the 90-day period following final adjournment. A timely referendum petition blocks effectiveness unless voters approve the act at the November 2026 general election. After that approval, effectiveness begins with the governor's official declaration of the vote.
Legal protections for medicine donation participants
Covered donors, recipients, dispensers, and others helping handle donated medicine receive protection from civil liability, criminal liability, and professional discipline. Protection requires good faith, compliance with the law, and no negligence or willful or wanton misconduct. It covers activities such as administering, transferring, replacing, and repackaging medicine. Existing reuse-law protections remain for conduct meeting that law's good-faith, care, and compliance requirements. These protections limit legal remedies for covered conduct.
Donation groups track drugs with flexibility
Before a donor's first donation, recipients must record contact details and any license number, verify eligibility, and confirm agreement to program requirements. Recipients must protect patient information, separate donated stock, track accepted and transferred medicine, and document disposal. Required records stay for two years; paper or electronic records can be stored on or off site. Retrievable identifiers are allowed in records, but not on patient dispensing labels, and regulators can request the original information. Participating drug businesses follow federal supply-chain security rules except when acting as returns processors. Recipients performing program actions or processing donations for tax or other credits count as returns processors and follow federal nonsaleable-return record rules. Transfers do not change ownership unless the recipient specifies otherwise; required histories start with the donor and include earlier donations. For previously dispensed drugs, histories contain only drug information required on patient labels. The pharmacy board must require only records needed for safety, allow flexible formats, and impose no extra donation or disposal records beyond those specified. Recipients mainly serving this program need no comprehensive or minimum medicine stock.
Sponsors & Cosponsors
Sponsors
Emily Sirota
Democratic • House
Kyle Brown
Democratic • House
Lisa Cutter
Democratic • Senate
Cosponsors
Andrew Boesenecker
Democratic • House
Amy Paschal
Democratic • House
Brianna Titone
Democratic • House
Chad Clifford
Democratic • House
Eliza Hamrick
Democratic • House
Gretchen Rydin
Democratic • House
Junie Joseph
Democratic • House
Javier Mabrey
Democratic • House
Julie McCluskie
Democratic • House
Jenny Willford
Democratic • House
Katie Stewart
Democratic • House
Lisa Feret
Democratic • House
Lorena Garcia
Democratic • House
Lesley Smith
Democratic • House
Monica Duran
Democratic • House
Mandy Lindsay
Democratic • House
Manny Rutinel
Democratic • House
Rep. S. Bird
Affiliation unavailable
Sheila Lieder
Democratic • House
Tammy Story
Democratic • House
Cathy Kipp
Democratic • Senate
Dafna Michaelson Jenet
Democratic • Senate
Sen. F. Winter
Affiliation unavailable
Iman Jodeh
Democratic • Senate
Katie Wallace
Democratic • Senate
Lisa Frizell
Republican • Senate
Marc Catlin
Republican • Senate
Nick Hinrichsen
Democratic • Senate
Tom Sullivan
Democratic • Senate
Roll Call Votes
Senate vote • 5/6/2025
House amendments: Concur
Yes: 35 • No: 0
Senate vote • 5/6/2025
House amendments: Repass
Yes: 30 • No: 5
House vote • 5/2/2025
Third reading: Bill
Yes: 48 • No: 15
House vote • 4/30/2025
Refer Senate Bill 25-289, as amended, to the Committee of the Whole.
Yes: 11 • No: 2
Senate vote • 4/29/2025
Third reading: Bill
Yes: 29 • No: 3
Senate vote • 4/29/2025
Third reading: Amend (l.008)
Yes: 32 • No: 0
Senate vote • 4/23/2025
Refer Senate Bill 25-289, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Yes: 8 • No: 0
Actions Timeline
Governor Signed
5/28/2025HouseSigned by the President of the Senate
5/15/2025SenateSigned by the Speaker of the House
5/15/2025HouseSent to the Governor
5/15/2025HouseSenate Considered House Amendments - Result was to Concur - Repass
5/6/2025SenateHouse Third Reading Passed - No Amendments
5/2/2025HouseHouse Second Reading Special Order - Passed with Amendments - Committee
5/1/2025HouseHouse Committee on Health & Human Services Refer Amended to House Committee of the Whole
4/30/2025HouseSenate Third Reading Passed with Amendments - Floor
4/29/2025SenateIntroduced In House - Assigned to Health & Human Services
4/29/2025HouseSenate Second Reading Passed with Amendments - Committee, Floor
4/28/2025SenateSenate Committee on Health & Human Services Refer Amended - Consent Calendar to Senate Committee of the Whole
4/23/2025SenateIntroduced In Senate - Assigned to Health & Human Services
4/10/2025Senate
Bill Text
Engrossed
Final Act
House Health & Human Services Preamend
Introduced
Reengrossed
Rerevised
Revised
Senate Health & Human Services Preamend
Signed Act