DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT OPIOID ANTAGONIST AVAILABILITY 6 CCR 1015-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] Adopted by the Board of Health on January 21 2026, effective March 17 2026. Regulation 1: Establishment of the new eligibility list and opioid antagonist pricing for the Opioid Antagonist Bulk Purchase Fund.

1.1 Statement of Purpose

These rules create the eligibility list for the Opioid Antagonist Bulk Purchase Fund. The entities listed in Section 1.4 of this rule are permitted to enroll in the Opioid Antagonist Bulk Purchase Fund to receive no cost opioid antagonists, provided they comply with the requirements established by the Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP Infuse). MMCAP Infuse will not directly contract with entities enrolled in the Opioid Antagonist Bulk Purchase Fund. Instead, the department will purchase opioid antagonists at a discounted price from MMCAP Infuse for distribution through the Opioid Antagonist Bulk Purchase Fund. Members of MMCAP Infuse, including the department, may only distribute opioid antagonists to certain non-profit and governmental entities. MMCAP Infuse does not permit for profit entities, including companies, corporations, partnerships, or sole proprietorships, to receive opioid antagonists purchased by through MMCAP Infuse.

1.2 Definitions

(1) “Community based organization” means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state’s office that provides services to an individual at risk of experiencing an opioid-related drug overdose event or to the individual’s family members, friends, or other persons in a position to assist the individual. Federally-recognized Tribes with jurisdiction in the State of Colorado, and community organizations operating within Tribal jurisdictions with explicit permission from those jurisdictions Tribal Government(s), are also eligible community-based organizations.

(2) “Department” means the Colorado Department of Public Health and Environment.

(3) “Eligible entity” means an entity that is eligible to enroll in the Opioid Antagonist Bulk Purchase Fund. Distribution of no-cost naloxone to enrolled entities will be dependent upon available funds and prioritization of populations at highest risk as determined by current evidence and by the prioritization plan as authorized by C.R.S. § 25-1.5-115(2).

(4) “First responders” means any entity that could be expected to respond to an overdose in the course of their professional duties.

(5) “Institution of Higher Education” means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado.

(6) “Law enforcement agency” means a state or local office with jurisdiction in the state of Colorado, and authorized to enforce criminal laws and employ peace officers pursuant to C.R.S. § 24-31-305 et seq. or C.R.S. § 16-2.5-101 et seq. A federally-recognized Tribe and Tribal police departments in the state are also eligible law enforcement agencies.

(7) “Local Unit of Government” means a county, city, town, service authority, school district, law enforcement authority, fire protection, metropolitan, local public health agency, or other special district, or any other kind of municipal, quasi- municipal, or public corporation organized pursuant to law.

(8) “Minnesota Multistate Contracting Alliance for Pharmacy” (MMCAP Infuse) means the national cooperative group purchasing organization for government facilities. This entity ensures the department is able to purchase discounted naloxone for distribution to eligible entities. Restrictions on which entities are able to access the discounted opioid antagonist are outlined in Minn. Stat. Ann. § 471.59.

(9) “Opioid antagonist” means naloxone, which rapidly reverses opioid overdoses.

(10) “Opioid Antagonist Bulk Purchase Fund” means the program created in C.R.S. § 25-1.5-115 with the goal of increasing availability of, and access to, no-cost opioid antagonists across the state.

(11) “Reentry organizations” means community-based organizations that provide reentry services to people on parole or incarcerated individuals transitioning through community corrections described in section C.R.S. § 17-33-101(7).

(12) “Schools and School districts” means public schools providing elementary or secondary education and the local school districts that operate such schools, where both are established pursuant to Title 22 of the Colorado Revised Statutes and directly governed by a board of education organized under Article 30 of Title 22.

(13) “Standing order” means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.

(14) “Syringe Service Program” means an entity that provides, at minimum, the following harm reduction services: provide an individual who uses drugs with the information and the means to protect themself and their network from exposure to infectious diseases and injury including overdose through access to education and sterile supplies.

(15) “Tribes with Jurisdiction in Colorado” means sovereign, federally-recognized Tribal governments with jurisdiction within the boundaries of Colorado.

1.3 Opioid Antagonist Pricing

Eligible entities are permitted to receive opioid antagonists at no cost. In order to provide no cost opioid antagonists to eligible entities, the department may purchase opioid antagonists at a discounted price through the Minnesota Multistate Contracting Alliance for Pharmacy. The department may also contract with a pharmacy distributor to distribute the no cost opioid antagonists to eligible entities. The department may reassess any changes to this process in the event of insufficient funding for the Opioid Antagonist Bulk Purchase Fund.

1.4 Eligibility List

The following entities may apply to the Department to enroll in the Opioid Antagonist Bulk Purchase Fund:

(1) Community-Based Organization (2) First responders (3) Institutions of Higher Education (4) Law enforcement (5) Local Unit of Government (6) Reentry organizations (7) Schools and School districts (8) Syringe Service Programs (9) Tribes with Jurisdiction in Colorado ______________________________________________________________________ Editor’s Notes History New rule eff. 03/17/2026.