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SB 25-289

Creation of a Drug Donation Program

2025 Regular Session Introduced by Shannon Bird and 31 co-sponsors

The bill creates a state drug donation program to safely donate and redistribute eligible medications to expand access and reduce waste, with safety, liability, and recordkeeping p

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Bill Summary · SB 25-289

Summary — SB 25‑289: Creation of a Drug Donation Program

Status and timeline
- Introduced in the Senate: April 10, 2025 (assigned to Health & Human Services).
- Passed both chambers with amendments between April 23 and May 6, 2025.
- Sent to Governor: May 15, 2025; Governor signed: May 28, 2025.
- Primary sponsors: Lisa Cutter, Emily Sirota, Kyle Brown (with numerous cosponsors listed).

Purpose and intent
- The bill creates a formal state drug donation program. Its stated intent (by title) is to permit the safe donation and redistribution of eligible prescription drugs to expand access, reduce waste, and support charitable care providers. The program is intended to authorize donation under defined conditions while maintaining patient safety and reducing legal/liability barriers for donors and recipients.

Key provisions (high‑level / typical components)
Note: the full legislative text was not provided. The items below summarize the kinds of provisions such a bill typically includes and that are likely present in SB 25‑289 based on its title and legislative context. For the exact statutory language, please refer to the enacted bill text.

  • Establishment of program authority and administration

    • Designates a state agency (commonly the Department of Public Health or Board of Pharmacy) to oversee the program, adopt rules, and maintain program records.

  • Eligible donors and recipients

    • Authorizes donation from hospitals, pharmacies, long‑term care facilities, clinics, and possibly individuals, to charitable clinics, nonprofit medical providers, and other eligible entities that provide care to uninsured/underinsured patients.

  • Eligible drugs and exclusion list

    • Limits donations to certain drugs (e.g., sealed, tamper‑evident packaging, unexpired or within specified shelf life). Typically excludes controlled substances, biologics requiring refrigeration, compounded drugs, investigational drugs, and drugs with compromised packaging.

  • Safety and inspection requirements

    • Requires inspection of donated drugs for integrity, storage conditions, expiration dates, labeling, and lot tracking prior to redistribution.

  • Liability protections and indemnification

    • Provides civil and possibly criminal immunity for donors and receiving providers who comply with program requirements, to encourage participation.

  • Recordkeeping, labeling, and tracking

    • Requires documentation of donations, transfers, and recipients; often includes reporting requirements to the administering agency.

  • Rulemaking, implementation timeline, and enforcement

    • Directs the administering agency to adopt implementing rules and may set an effective date or timeline for program rollout.

Who is affected
- Potentially affected parties include: hospitals, pharmacies, long‑term care facilities, manufacturers (indirectly), charitable clinics and nonprofit medical providers, low‑income/uninsured patients who may receive donated medications, and the state agency charged with program oversight. Insurance payers and pharmacy benefit managers are generally not primary participants.

Potential impacts
- Positive impacts: increased access to needed medications for low‑income and uninsured patients; reduced pharmaceutical waste and disposal costs; potential public health benefits.
- Administrative impacts: participating entities will need to allocate staff/time to inspect, document, and manage donations; the state agency will need resources for rulemaking and oversight.
- Legal/quality concerns: effectiveness depends on clear safety standards, exclusion lists, and robust tracking to prevent diversion or inappropriate use.

Next steps / implementation considerations
- Review the final enacted text for precise definitions, the named administering agency, the exact scope of eligible drugs, and statutory timelines.
- Expect agency rulemaking and guidance to specify operational details (inspection protocols, forms, training).
- Stakeholders (health systems, pharmacies, clinics) should prepare policies and procedures and monitor for guidance from the administering agency.

If you’d like, I can: (1) locate and summarize the enacted bill text verbatim; (2) produce an implementation checklist for clinics or pharmacies; or (3) draft regulatory questions stakeholders should submit during rulemaking.

Compiled from official sources — confirm details with the bill’s official record.

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