First Regular Session

Sixty-first General Assembly

LLS NO. 97­0654.01D EBD HOUSE BILL 97­1314

STATE OF COLORADO

BY REPRESENTATIVE Kreutz;

also SENATORS Perlmutter and Wham.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING SUPERVISION OF NONPHARMACIST PERSONNEL BY LICENSED PHARMACISTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Grants the board of pharmacy the authority to limit to two or fewer the number of unlicensed personnel to whom a pharmacist may delegate the responsibility for compounding, dispensing, labeling, delivery, storage, and distribution of drugs and devices and the maintenance of proper records of these activities and products.

After January 1, 1999, requires all persons who perform the above listed functions to be certified by the national pharmacy technician certification board.

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

SECTION 1.  12­22­102, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­22­102.  Definitions. As used in this part 1, unless the context otherwise requires:

(24.3)  "PHARMACY TECHNICIAN" MEANS AN UNLICENSED PERSON, CERTIFIED AS A PHARMACY TECHNICIAN BY THE NATIONAL PHARMACY TECHNICIAN CERTIFICATION BOARD (PTCB), WHO, UNDER THE SUPERVISION OF A LICENSED PHARMACIST PERFORMS THOSE FUNCTIONS SET FORTH IN PARAGRAPH (b) OF SUBSECTION (26) OF THIS SECTION.

SECTION 2.  12­22­119 (5), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended to read:

12­22­119.  Prescription drug outlet under charge of pharmacist. (5) (a) (I)  The pharmacist responsible for the prescription order or chart order may delegate certain specific tasks, as provided in section 12­22­102 (26) (b), to a person who is not a pharmacist or pharmacist intern and who is under such pharmacist's supervision if in his or her professional judgment such delegation is appropriate; except that no such delegation may be made if the delegation jeopardizes the public health, safety, or welfare, is prohibited by rule or regulation of the board, or violates the provisions of section 12­22­126 (1). THE NUMBER OF SUCH UNLICENSED PERSONS A PHARMACIST MAY SUPERVISE PURSUANT TO THIS PARAGRAPH (a) MAY BE LIMITED BY RULE OF THE BOARD.

(II)  THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE JANUARY 1, 1999.

(b) (I)  THE PHARMACIST RESPONSIBLE FOR THE PRESCRIPTION ORDER OR CHART ORDER MAY DELEGATE CERTAIN SPECIFIC TASKS, AS PROVIDED IN SECTION 12­22­102 (26) (b), TO A PHARMACY TECHNICIAN WHO IS UNDER SUCH PHARMACIST'S SUPERVISION IF IN THE PHARMACIST'S PROFESSIONAL JUDGMENT SUCH DELEGATION IS APPROPRIATE; EXCEPT THAT NO SUCH DELEGATION MAY BE MADE IF THE DELEGATION JEOPARDIZES THE PUBLIC HEALTH, SAFETY, OR WELFARE, IS PROHIBITED BY RULE OR REGULATION OF THE BOARD, OR VIOLATES THE PROVISIONS OF SECTION 12­22­126 (1). THE NUMBER OF SUCH PHARMACIST TECHNICIANS A PHARMACIST MAY SUPERVISE PURSUANT TO THIS PARAGRAPH (b) MAY BE LIMITED BY RULE OF THE BOARD.

(II)  THIS PARAGRAPH (b) IS EFFECTIVE JANUARY 1, 1999.

SECTION 3.  12­22­121 (14), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­22­121.  Compounding, dispensing, and sale of drugs and devices. (14) (a) (I)  A PHARMACIST MAY SUPERVISE UP TO TWO UNLICENSED PERSONNEL FOR THOSE DUTIES DESCRIBED IN SECTION 12­22­102 (26) (b) THAT A PHARMACIST CHOOSES TO DELEGATE TO UNLICENSED PERSONNEL; EXCEPT THAT the board by regulation, and subject to the restrictions of section 12­22­119 (5) shall determine a uniform standard number MAY LIMIT THE NUMBER OF UNLICENSED PERSONNEL A PHARMACIST MAY SUPERVISE TO LESS THAN TWO. ANY NUMBER SET BY THE BOARD SHALL BE A UNIFORM, STANDARD NUMBER of unlicensed persons for whom a pharmacist may have the responsibility when the pharmacist and unlicensed persons are engaged in dispensing THE PRACTICE OF PHARMACY AS DEFINED IN 12­22­102 (26) (b). NOTHING IN THIS SUBSECTION (14) SHALL APPLY TO OTHER ANCILLARY PERSONNEL THAT MAY BE IN THE PRESCRIPTION DRUG OUTLET, BUT ARE NOT PERFORMING DUTIES DESCRIBED IN SECTION 12­22­102 (26) (b) THAT ARE DELEGATED TO SUCH UNLICENSED PERSONNEL.

(II)  THIS PARAGRAPH (a) IS REPEALED, EFFECTIVE JANUARY 1, 1999.

(b) (I)  A PHARMACIST MAY SUPERVISE UP TO TWO PHARMACY TECHNICIANS FOR THOSE DUTIES DESCRIBED IN SECTION 12­22­102 (26) (b) THAT A PHARMACIST CHOOSES TO DELEGATE TO PHARMACY TECHNICIANS; EXCEPT THAT THE BOARD BY RULE, SUBJECT TO THE RESTRICTIONS OF SECTION 12­22­119 (5) MAY LIMIT THE NUMBER OF UNLICENSED PERSONNEL A PHARMACIST MAY SUPERVISE TO LESS THAN TWO. ANY NUMBER SET BY THE BOARD SHALL BE A UNIFORM, STANDARD NUMBER OF PHARMACY TECHNICIANS FOR WHOM A PHARMACIST MAY HAVE RESPONSIBILITY WHEN THE PHARMACIST AND PHARMACY TECHNICIANS ARE ENGAGED IN THE PRACTICE OF PHARMACY, AS DEFINED IN 12­22­102 (26) (b). NOTHING IN THIS SUBSECTION (14) SHALL APPLY TO OTHER ANCILLARY PERSONNEL THAT MAY BE IN THE PRESCRIPTION DRUG OUTLET, BUT ARE NOT PERFORMING DUTIES DESCRIBED IN SECTION 12­22­102 (26) (b) THAT ARE DELEGATED TO PHARMACY TECHNICIANS.

(II)  THIS PARAGRAPH (b) IS EFFECTIVE JANUARY 1, 1999. SECTION 4.  12­22­121.7, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is repealed as follows:

12­22­121.7.  Limited authority to delegate activities constituting practice of pharmacy to unlicensed personnel. A pharmacist may supervise up to two unlicensed personnel for those duties described in section 12­22­102 (26) (b) that a pharmacist may choose to delegate to unlicensed personnel. This supervision ratio does not include other ancillary personnel that may be in the prescription drug outlet, but are not performing duties described in section 12­22­102 (26) (b) that are delegated to such unlicensed personnel.

SECTION 5.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.