§ 25-50-112. Exceptions

CO Rev Stat § 25-50-112 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(1) This article 50 shall not apply to the use of any drug, medicine, compound, or device intended solely for legitimate and bona fide investigational purposes by experts qualified by scientific training and experience to investigate the safety and therapeutic value thereof unless the department finds that the drug, medicine, compound, or device is being used in diagnosis or treatment for compensation and profit.

(2) The provisions of this article 50 shall not apply to any person who depends exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization, nor practitioner thereof.

(3) The provisions of this article 50 shall except any drug that is being clinically investigated as a cure, treatment, or aid to the diagnosis of cancer according to the regulations of the "Federal Food, Drug, and Cosmetic Act".

(4) (a) (I) The provisions of this article 50 shall not apply to the compound known as laetrile when manufactured in Colorado and prescribed by a licensed physician after fully disclosing to his or her patient the known adverse effects and reactions and the known reliability or unreliability in cancer treatment of the compound.

(II) In prescribing the use of laetrile, the licensed physician shall do so only upon a request by the patient.

(III) In complying with a patient's request concerning the use of laetrile, a licensed physician, pharmacist, hospital, or health care facility shall be immune from any civil or criminal liability for prescribing or administering laetrile as provided for in this subsection (4), but nothing in this subsection (4)(a)(III) shall preclude any cause of action brought by a patient against a licensed physician, pharmacist, hospital, or health care facility that does not arise from the prescription or administration of laetrile in accordance with the provisions of this subsection (4).

(b) It is the intent of the general assembly that the exception granted by this subsection (4) does not constitute an endorsement of the use of laetrile nor does it in any way encourage its use.