(1) The department may enter into partnerships with one or more authorized purchasers to purchase antiviral therapy in order to acquire a ready supply or stockpile of antiviral drugs in the event of an epidemic emergency, including pandemic influenza. If an entity wishes to purchase antiviral therapy through the department, the entity shall notify the department of its intent and shall demonstrate to the department, in a form and manner determined by the department, that the entity satisfies the criteria of an authorized purchaser. Upon a determination that an entity is an authorized purchaser, the department shall seek approval from the United States department of health and human services for the purchase of antiviral therapy by the authorized purchaser. Any purchase of antiviral therapy shall be approved by the United States department of health and human services, and antiviral therapy shall be stored and used in accordance with state and federal requirements.
(2) As used in this section, unless the context otherwise requires:
(a) “Authorized purchaser” means an entity licensed by the department pursuant to section 25-1.5-103(1)(a) , a local public health agency, or a health maintenance organization, as defined in section 10-16-102(35), C.R.S ., authorized to operate in this state pursuant to part 4 of article 16 of title 10, C.R.S., that:
(I) Is part of the state pandemic preparedness and response plan;
(II) Will purchase antiviral therapy with its own funds; and
(III) Agrees to stockpile the antiviral therapy for use in an epidemic emergency declared a disaster emergency pursuant to section 24-33.5-704, C.R.S ., and to use the antiviral therapy only in accordance with state and federal requirements and for no other purpose.
(b) “Bioterrorism” means the intentional use of microorganisms or toxins of biological origin to cause death or disease among humans or animals.
(c) “Emergency epidemic” means cases of an illness or condition, communicable or noncommunicable, caused by bioterrorism, pandemic influenza, or novel and highly fatal infectious agents or biological toxins.
(d) “Pandemic influenza” means a widespread epidemic of influenza caused by a highly virulent strain of the influenza virus.
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