Senate Bill 25-066, introduced in the Colorado General Assembly, proposes modifications to the state's approach to procuring opioid antagonists. Key aspects of the bill include:
Contracting Restrictions: The Colorado Department of Public Health and Environment (CDPHE) is prohibited from contracting with opioid antagonist medication distributors that have:
Been found liable for manufacturing or distributing opioids leading to overdose incidents.
Entered into settlement agreements related to such activities.
Incurred fines or penalties from governmental entities for related offenses.
Competitive Selection Process: The CDPHE is mandated to implement a competitive selection process, adhering to the state's procurement code, to select qualified distributors for bulk purchasing and distribution of opioid antagonists.
Contract Validity: Any contract established in violation of these stipulations is declared void and unenforceable, aligning with Colorado's public policy.
This legislation aims to ensure that entities responsible for the opioid crisis are excluded from state contracts related to opioid antagonist distribution, promoting accountability and ethical procurement practices.
Summary
Under current law, the opioid antagonist bulk purchase fund (fund)
allows the department of public health and environment (department) to bulk purchase opioid antagonists and distribute them to eligible entities.
In contracting for the bulk purchasing and distribution of opioid
antagonists, the bill requires the department to contract with an opioid antagonist medication distributor. However, the bill prohibits the department from contracting with an opioid antagonist medication distributor if the distributor:
•
Was found liable for the manufacture or distribution of an opioid that resulted in an opioid-related overdose;
•
Is or was a liable party to a settlement agreement for the manufacture or distribution of an opioid that resulted in an opioid-related overdose; or
•
Is or was liable for a fine or penalty levied by a governmental entity for the manufacture or distribution of an opioid that resulted in an opioid-related overdose.
The bill requires the department to implement a competitive
selection process for the bulk purchase of opioid antagonists.
The bill declares any contract or agreement that does not comply
with the contracting requirements of the bill is void and unenforceable.
