Amendments for HB19-1131

House Journal, February 21
47 HB19-1131 be amended as follows, and as so amended, be referred to
48 the Committee of the Whole with favorable
49 recommendation:
50
51 Amend printed bill, strike everything below the enacting clause and
52 substitute:
53
54 "SECTION 1. In Colorado Revised Statutes, add 12-42.5-308 as
55 follows:
1 12-42.5-308. Manufacturer, agent, representative, employee
2 - drug cost information - required - definitions. (1) A MANUFACTURER,
3 OR A REPRESENTATIVE, AGENT, OR EMPLOYEE OF A MANUFACTURER,
4 SHALL PROVIDE TO A PRESCRIBER, IN WRITING, THE WHOLESALE
5 ACQUISITION COST OF A PRESCRIPTION DRUG WHEN, IN THE COURSE OF
6 CONDUCTING BUSINESS, THE MANUFACTURER, REPRESENTATIVE, AGENT,
7 OR EMPLOYEE PROVIDES INFORMATION CONCERNING THE DRUG TO THE
8 PRESCRIBER.
9 (2) (a) WHEN PROVIDING THE INFORMATION REQUIRED BY
10 SUBSECTION (1) OF THIS SECTION, A MANUFACTURER, OR A
11 REPRESENTATIVE, AGENT, OR EMPLOYEE OF A MANUFACTURER, SHALL
12 ALSO DISSEMINATE THE NAMES AND WHOLESALE ACQUISITION COSTS OF
13 AT LEAST THREE GENERIC PRESCRIPTION DRUGS FROM THE SAME
14 THERAPEUTIC CLASS, OR IF THREE ARE NOT AVAILABLE, AS MANY AS ARE
15 AVAILABLE FOR PRESCRIPTIVE USE.
16 (b) FOR THE PURPOSES OF THIS SECTION:
17 (I) "PRESCRIBER" MEANS A HEALTH CARE PROVIDER LICENSED
18 PURSUANT TO THIS TITLE 12 WHO IS AUTHORIZED TO PRESCRIBE
19 CONTROLLED SUBSTANCES OR PRESCRIPTION DRUGS.
20 (II) "THERAPEUTIC CLASS" MEANS A GROUP OF SIMILAR DRUGS
21 THAT HAVE THE SAME OR SIMILAR MECHANISMS OF ACTION AND ARE USED
22 TO TREAT A SPECIFIC CONDITION.
280 23 SECTION 2. In Colorado Revised Statutes, add to article
24 as relocated by House Bill 19-1172 12-280-308 as follows:
25 12-280-308. Manufacturer, agent, representative, employee -
26 drug cost information - required - definitions. (1) A MANUFACTURER,
27 OR A REPRESENTATIVE, AGENT, OR EMPLOYEE OF A MANUFACTURER,
28 SHALL PROVIDE TO A PRESCRIBER, IN WRITING, THE WHOLESALE
29 ACQUISITION COST OF A PRESCRIPTION DRUG WHEN, IN THE COURSE OF
30 CONDUCTING BUSINESS, THE MANUFACTURER, REPRESENTATIVE, AGENT,
31 OR EMPLOYEE PROVIDES INFORMATION CONCERNING THE DRUG TO THE
32 PRESCRIBER.
33 (2) (a) WHEN PROVIDING THE INFORMATION REQUIRED BY
34 SUBSECTION (1) OF THIS SECTION, A MANUFACTURER, OR A
35 REPRESENTATIVE, AGENT, OR EMPLOYEE OF A MANUFACTURER, SHALL
36 ALSO DISSEMINATE THE NAMES AND WHOLESALE ACQUISITION COSTS OF
37 AT LEAST THREE GENERIC PRESCRIPTION DRUGS FROM THE SAME
38 THERAPEUTIC CLASS, OR IF THREE ARE NOT AVAILABLE, AS MANY AS ARE
39 AVAILABLE FOR PRESCRIPTIVE USE.
40 (b) FOR THE PURPOSES OF THIS SECTION:
41 (I) "PRESCRIBER" MEANS A HEALTH CARE PROVIDER LICENSED
42 PURSUANT TO THIS TITLE 12 WHO IS AUTHORIZED TO PRESCRIBE
43 CONTROLLED SUBSTANCES OR PRESCRIPTION DRUGS.
44 (II) "THERAPEUTIC CLASS" MEANS A GROUP OF SIMILAR DRUGS
45 THAT HAVE THE SAME OR SIMILAR MECHANISMS OF ACTION AND ARE USED
46 TO TREAT A SPECIFIC CONDITION.
47 SECTION 3. Act subject to petition - effective date. (1) Except
48 as otherwise provided in subsection (2) of this section, this act takes
49 effect at 12:01 a.m. on the day following the expiration of the ninety-day
50 period after final adjournment of the general assembly (August 2, 2019,
51 if adjournment sine die is on May 3, 2019); except that, if a referendum
52 petition is filed pursuant to section 1 (3) of article V of the state
53 constitution against this act or an item, section, or part of this act within
54 such period, then the act, item, section, or part will not take effect unless
55 approved by the people at the general election to be held in November
1 2020 and, in such case, will take effect on the date of the official
2 declaration of the vote thereon by the governor.
1172 3 (2) Section 2 of this act takes effect only if House Bill 19-
4 becomes law, in which case section 2 takes effect October 1, 2019.".
5
6

House Journal, March 1
6 Amendment No. 1, Health & Insurance Report, dated February 20, 2019,
7 and placed in member's bill file; Report also printed in House Journal,
8 February 21, 2019.
9
10 Amendment No. 2, by Representative(s) Jacquez Lewis.
11
12 Amend the Health and Insurance Committee Report, dated February 20,
13 2019, page 1, line 7, after "MANUFACTURER," insert "WHO WHILE
14 EMPLOYED BY OR UNDER CONTRACT TO REPRESENT A MANUFACTURER
15 ENGAGES IN PRESCRIPTION DRUG MARKETING,".
16
17 Page 1, after line 23 insert:
18
19 "(II) "PRESCRIPTION DRUG MARKETING" MEANS ANY ACTIVITY
20 THAT MAY INCLUDE IN-PERSON MEETINGS, PHYSICAL MAILINGS,
21 TELEPHONIC CONVERSATIONS, VIDEO CONFERENCING, ELECTRONIC
22 MAILING OR TEXTING, OR FACSIMILE TRANSMISSIONS THAT PROVIDES
23 EDUCATIONAL OR MARKETING INFORMATION OR MATERIALS REGARDING
24 A PRESCRIPTION DRUG.".
25
26 Renumber succeeding subparagraph accordingly.
27
28 Page 2, line 7, after "MANUFACTURER," insert "WHO WHILE EMPLOYED BY
29 OR UNDER CONTRACT TO REPRESENT A MANUFACTURER ENGAGES IN
30 PRESCRIPTION DRUG MARKETING,".
31
32 Page 2, after line 23 insert:
33
34 "(II) "PRESCRIPTION DRUG MARKETING" MEANS ANY ACTIVITY
35 THAT MAY INCLUDE IN-PERSON MEETINGS, PHYSICAL MAILINGS,
36 TELEPHONIC CONVERSATIONS, VIDEO CONFERENCING, ELECTRONIC
37 MAILING OR TEXTING, OR FACSIMILE TRANSMISSIONS THAT PROVIDES
38 EDUCATIONAL OR MARKETING INFORMATION OR MATERIALS REGARDING
39 A PRESCRIPTION DRUG.".
40
41 Renumber succeeding subparagraph accordingly.
42
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
45

Senate Journal, March 21
After consideration on the merits, the Committee recommends that HB19-1131 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 2, strike lines 16 and 17 and substitute
"ALSO PROVIDE NOTICE OF THE EXISTENCE OF ANY GENERIC PRESCRIPTION
DRUGS OR BIOSIMILARS FROM THE SAME".

Page 3, line 1, after "ACTIVITY" insert "UNDERTAKEN WITH THE INTENT
TO SELL A PRESCRIPTION DRUG".

Page 3, strike lines 24 and 25 and substitute "ALSO PROVIDE NOTICE OF
THE EXISTENCE OF ANY GENERIC PRESCRIPTION DRUGS OR BIOSIMILARS
FROM THE SAME".

Page 4, line 5, after "ACTIVITY" insert "UNDERTAKEN WITH THE INTENT
TO SELL A PRESCRIPTION DRUG".


Health &
Human
Services

Senate Journal, March 28
HB19-1131 by Representative(s) Jaquez Lewis; also Senator(s) Winter--Concerning a requirement to
share the wholesale acquisition cost of a drug when sharing information concerning the
drug with another party.

Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 21, pages 513-514 and placed in members' bill files.)

Amendment No. 2(L.015), by Senator Smallwood.

Amend reengrossed bill, page 2, strike lines 13 through 19.

Page 2, line 20, strike "(b)" and substitute "(2)".

Page 2, line 21, strike "(I)" and substitute "(a)".

Page 3, line 1, strike "(II)" and substitute "(b)".

Page 3, strike lines 7 through 9.

Page 3, strike lines 21 through 27.

Page 4, line 1, strike "(b)" and substitute "(2)".

Page 4, line 2, strike "(I)" and substitute "(a)".

Page 4, line 5, strike "(II)" and substitute "(b)".

Page 4, strike lines 11 through 13.


As amended, ordered revised and placed on the calendar for third reading and final
passage.