1997

HOUSE BILL 97­1013

BY REPRESENTATIVES Morrison, Dean, Faatz, K. Alexander, G. Berry, Clarke, Epps, Grossman, Leyba, Mace, Pfiffner, Takis, Taylor, and Veiga;

also SENATORS Wham, Hernandez, J. Johnson, Martinez, Pascoe, and Rupert.

CONCERNING THE AUTHORITY OF PHARMACISTS TO DISPENSE PRESCRIPTIONS IN EMERGENCY SITUATIONS TO HOSPICE PATIENTS.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  18­18­414 (2), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended to read:

18­18­414.  Unlawful acts ­ licenses ­ penalties. (2) (a)  A pharmacist in an emergency situation, in lieu of a written prescription order, in good faith, may dispense up to a seventy­two­hour supply of any controlled substance listed in schedule II of part 2 of this article without a written prescription order. An "emergency situation", as used in this paragraph (a), means a situation in which the prescribing practitioner determines:

(I)  That immediate dispensing of the controlled substance is necessary for proper treatment of the intended ultimate user;

(II)  That no alternative prescription drug is available, including drugs that are not controlled substances under schedule II of part 2 of this article;

(III)  That it is not reasonably possible for the prescribing practitioner to provide a written prescription order to be presented to the person dispensing the controlled substance prior to such dispensing.

(b)  Upon receiving such an emergency oral prescription order from the practitioner, the pharmacist shall immediately reduce the prescription order to writing and shall write on its face "authorization for emergency dispensing" and the date and time of dispensing of the oral prescription. The prescribing practitioner shall reduce to writing and deliver the prescription order in person, by facsimile transmission if the order is delivered to a long­term care facility, or by mail to the pharmacist within seventy­two hours. If delivered by mail, the envelope must be postmarked within seventy­two hours of prescribing. IF THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION PROMULGATES REGULATIONS AUTHORIZING THE TRANSMISSION OF PRESCRIPTIONS FOR SCHEDULE II CONTROLLED SUBSTANCES FOR HOSPICE PATIENTS VIA FACSIMILE EQUIPMENT, THE PRESCRIBING PRACTITIONER MAY DELIVER THE PRESCRIPTION ORDER FOR AN EMERGENCY ORAL PRESCRIPTION ORDER TO THE PHARMACIST BY FACSIMILE TRANSMISSION WITHIN SEVENTY­TWO HOURS OF PRESCRIBING. The pharmacist, upon receipt of the prescription order, shall attach the prescription order to the oral prescription order which has been reduced to writing. The pharmacist shall notify the board if the prescribing practitioner fails to deliver the written prescription order to the pharmacist. FOR PURPOSES OF THIS PARAGRAPH (b), "HOSPICE PATIENT" MEANS AN INDIVIDUAL WHO IS RECEIVING HOSPICE CARE FROM AN ENTITY LICENSED AND REGULATED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTIONS 25­1­107 (1) (l) (I) AND 25­3­101, C.R.S.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.

____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO