Complete Colorado

‘Gender-affirming’ testosterone shielded from drug tracking database

DENVER–A new state law puts testosterone use for “gender-affirming” health care off limits to prying eyes, even those of health care providers and law enforcement, while the prescription drug use of other Coloradans remains open to scrutiny.

House Bill 25-1309, Protect Access to Gender-Affirming Health Care, mandates both group and individual insurance plans cover a variety of health care, including mental, psychiatric and therapeutic services, as well as numerous surgeries “relating to the treatment of gender dysphoria.”

The bill also quietly amends Colorado’s Prescription Drug Monitoring Program (PDMP), to exempt testosterone from the program’s reporting and tracking requirements, as well as blocking all archived records on testosterone use from being viewed.

Governor Polis signed the bill into law in May.

Colorado’s Department of Regulatory Agencies (DORA), which oversees the program, calls the PDMP “a powerful tool to help reduce prescription drug misuse, abuse and diversion.” According to DORA, “Pharmacies upload prescription data every regular business day for controlled medications listed in Schedules II to V that are dispensed to Colorado patients.”

Controlled medications are defined and “scheduled” based on their potential for abuse and accepted medical uses under the Colorado Uniform Controlled Substances Act

Pharmacists, practitioners, medical examiners, coroners, and deputy coroners can directly query the database, while law enforcement, regulatory boards, and patients can indirectly query the database by submitting requests to DORA.

Authorized users can query information by patient, but can’t search the database by specific drug.

Complete Colorado contacted sponsors of the bill, including Rep. Brianna Titone (the state’s first transgender lawmaker) to inquire why drugs related to gender affirming care health require special privacy protections not afforded others, but none responded.

While men experiencing symptoms of low testosterone (hypogonadism) are commonly prescribed the drug, it is also used as part of gender affirming care to induce “masculinizing” changes to the body.

According to DORA, the PDMP database is used extensively, with over 10 million direct queries in just the last calendar year by pharmacists and practitioners. An additional 261 direct queries were made by medical examiners or coroners.

Law enforcement, regulatory boards, and patients indirectly queried the database 832 times in the last year.

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