Amendments for SB23-041
Senate Journal, February 3
After consideration on the merits, the Committee recommends that SB23-041 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add 12-30-120 as
follows:
12-30-120. Prescribing, administering, or dispensing drugs for
off-label use - definitions. (1) AS USED IN THIS SECTION:
(a) "FDA" MEANS THE FOOD AND DRUG ADMINISTRATION IN THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, OR ANY
SUCCESSOR ENTITY.
(b) "OFF-LABEL USE" MEANS THE USE OF AN FDA-APPROVED DRUG:
(I) FOR AN INDICATION THAT HAS NOT BEEN APPROVED BY THE FDA; OR
(II) THAT IS A DIFFERENT DOSAGE OF THE DRUG THAN THE DOSAGE
THAT HAS BEEN APPROVED BY THE FDA.
(c) "PRESCRIBER" HAS THE SAME MEANING AS SET FORTH IN SECTION
12-30-109 (4).
(2) (a) A PRESCRIBER MAY PRESCRIBE OR ADMINISTER AN
FDA-APPROVED DRUG FOR AN OFF-LABEL USE. THE PRESCRIPTION AND
ADMINISTRATION OF AN FDA-APPROVED DRUG FOR AN OFF-LABEL USE BY A
PRESCRIBER IS NOT, BY ITSELF, A VIOLATION OF, OR GROUNDS FOR DISCIPLINE
PURSUANT TO, A PRESCRIBER'S APPLICABLE PRACTICE ACT.
(b) A PHARMACIST WHO DISPENSES A PRESCRIPTION FOR THE OFF-LABEL
USE OF A DRUG PRESCRIBED PURSUANT TO THIS SECTION IS NOT SUBJECT TO
DISCIPLINARY ACTION BY THE STATE BOARD OF PHARMACY PURSUANT TO
SECTION 12-280-127 FOR DISPENSING THE PRESCRIPTION.
SECTION 2. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; except that, if a referendum
petition is filed pursuant to section 1 (3) of article V of the state constitution
against this act or an item, section, or part of this act within such period, then
the act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2024 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor.".
Finance After consideration on the merits, the Committee recommends that 59SB23-011 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 22, strike "THE:" and substitute "THE ACTUAL
COST TO PARTICIPATE IN:".
Page 3, line 23, strike "THIRTY-HOUR" and substitute "A THIRTY-HOUR".
Page 4, line 4, strike "EXPENSE" and substitute "EXPENSE, OR THE INDIVIDUAL'S
PARENT OR GUARDIAN IF THE INDIVIDUAL DOES NOT FILE A TAX RETURN".
Page 4, line 10, after "(3)" insert "(a)".
Page 4, line 14, strike "ONE THOUSAND" and substitute "FIVE HUNDRED".
Page 4, strike lines 16 and 17 and substitute "INCOME TAX YEAR COMMENCING
ON OR AFTER JANUARY 1, 2023. WHEN THE CUMULATIVE EFFECT OF INFLATION
HAS DEVALUED THE MAXIMUM AMOUNT THAT MAY BE CLAIMED BY ONE
HUNDRED DOLLARS, THE DEPARTMENT SHALL INCREASE THE MAXIMUM
AMOUNT THAT MAY BE CLAIMED BY ONE HUNDRED DOLLARS.
(b) THIS SECTION DOES NOT APPLY TO A QUALIFIED INDIVIDUAL WHOSE
AGGREGATE FEDERAL ADJUSTED GROSS INCOME IS GREATER THAN
SEVENTY-FIVE THOUSAND DOLLARS.".
Page 4, strike lines 21 through 24.
Renumber succeeding subsections accordingly.
Page 7, strike line 1 and substitute "TWENTY-ONE YEARS OF AGE UNLESS:
(a) THE PERSON HAS BEEN ISSUED A DRIVER'S LICENSE FROM ANOTHER
JURISDICTION; OR
(b) THE PERSON HAS SUCCESSFULLY".
Page 7, line 11, strike "COMPLETED" and substitute "COMPLETED, WITHIN THE
PREVIOUS SIX MONTHS,".
Page 8, line 10, strike "COLORADO" and substitute "VALID".
Page 8, lines 16 and 17, strike "COSIGNED THE APPLICATION FOR THE MINOR'S
INSTRUCTION PERMIT;" and substitute "SIGNED THE AFFIDAVIT OF LIABILITY;".
Page 8, lines 18 and 19, strike "COSIGNED THE APPLICATION FOR THE MINOR'S
INSTRUCTION PERMIT;" and substitute "SIGNED THE AFFIDAVIT OF LIABILITY;".
Page 8, strike lines 21 and 22 and substitute "VEHICLE COMPLIES WITH SECTION
42-2-602;".
Page 8, line 24, strike "OR".
Page 8, line 26, strike "SECTION." and substitute "SECTION; OR
(H) THE PERSON WHO SIGNED THE AFFIDAVIT OF LIABILITY.".
Page 9, strike lines 9 through 11 and substitute "ATTORNEY, GUARDIAN WHO
SIGNED THE AFFIDAVIT OF LIABILITY, OR FOSTER PARENT WHO SIGNED THE
AFFIDAVIT OF LIABILITY MAY ALLOW THE".
Page 10, line 9, strike "FROM COLORADO".
Page 10, strike line 11 and substitute "COLORADO STATE PATROL.".
Page 12, line 13, strike "BEHIND-THE-WHEEL".
Page 12, line 21, strike "DRIVING".
Page 12, line 27, strike "BEHIND-THE-WHEEL".
Page 13, line 6, strike "BEHIND-THE-WHEEL".
Page 13, line 8, strike "BEHIND-THE-WHEEL".
Page 13, strike lines 17 through 24 and substitute "RECORD CHECK. THE
COLORADO BUREAU OF INVESTIGATION SHALL FORWARD THE RESULTS TO THE
COMMERCIAL DRIVING SCHOOL. A COMMERCIAL DRIVING SCHOOL MAY ACQUIRE
A NAME-BASED JUDICIAL RECORD CHECK FOR A COMMERCIAL DRIVING
INSTRUCTOR WHO HAS TWICE SUBMITTED TO A FINGERPRINT-BASED CRIMINAL
HISTORY RECORD CHECK AND WHOSE FINGERPRINTS ARE UNCLASSIFIABLE. THE
COMMERCIAL DRIVING SCHOOL SHALL NOTIFY THE DEPARTMENT OF ANY
CRIMINAL CONVICTION OR PLEA OF GUILTY".
Page 14, strike lines 5 through 13 and substitute "applicability. (1) This act
takes effect July 1, 2024; except that, if a referendum petition is filed pursuant
to section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within the ninety-day period after final adjournment
of the general assembly, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in November
2024 and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.".