First Regular Session

Sixty-first General Assembly

LLS NO. 97­0530.01 PLC SENATE BILL 97­134

STATE OF COLORADO

BY SENATOR Phillips

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING REQUIREMENTS FOR PROCESSING PRESCRIPTIONS.

Bill Summary

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

Sets out the following requirements for the completion of a prescription by a practitioner:

•   The practitioner prescribing medication shall instruct the pharmacist to place the purpose for which the medication or device is prescribed on the label so that the patient can readily identify and distinguish one prescription from another unless the patient requests the purpose be omitted from the label.
•   Prescriptions must be hand printed or legibly written or transmitted electronically or by facsimile.
•   Prescriptions that are received by a pharmacist by other means of communication must be verified by the physician within 72 hours.

Provides that the label may also be affixed to the outer package.

Requires a pharmacist to verify the identity of any person picking up a schedule II controlled substance prescription and to get that person's signature and current address on a form.

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

SECTION 1.  12­22­102 (22.5), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended to read:

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

(22.5)  "Order" means:

(a)  A prescription order which THAT is any order, other than a chart order, authorizing the dispensing of a single drug or device, that is HAND PRINTED OR LEGIBLY written, mechanically produced, OR computer generated and signed by the practitioner, OR transmitted electronically or by facsimile, or by other means of communication by a practitioner, and which THAT includes the name or identification of the patient, the date, and sufficient information for compounding, dispensing, and labeling; EXCEPT THAT A HAND PRINTED OR LEGIBLY WRITTEN, MECHANICALLY PRODUCED, COMPUTER GENERATED, OR ELECTRONICALLY OR FACSIMILE TRANSMITTED ORDER THAT IS SIGNED BY THE PRACTITIONER THAT VERIFIES THE ORIGINAL ORDER SHALL BE PROVIDED TO THE PHARMACIST WITHIN SEVENTY­TWO HOURS AFTER SENDING AN ORDER THAT IS TRANSMITTED BY OTHER MEANS OF COMMUNICATION PURSUANT TO THIS PARAGRAPH (a); or

(b)  A chart order which THAT is an order for inpatient drugs or medications to be dispensed by a pharmacist, or pharmacy intern under the direct supervision of a pharmacist, which THAT is to be administered by an authorized person only during the patient's stay in a hospital facility, It shall contain AND THAT CONTAINS the name of the patient and of the medicine ordered and such directions as the practitioner may prescribe concerning strength, dosage, frequency, and route of administration.

SECTION 2.  12­22­123 (2), Colorado Revised Statutes, 1991 Repl. Vol., is amended, and the said 12­22­123 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

12­22­123.  Labeling. (2)  Except as otherwise required by law, any drug dispensed pursuant to a prescription order shall bear a label prepared and placed on or securely attached to the medicine container stating at least the name and address of the prescription drug outlet, the serial number, and the date of the prescription or of its filling, the name of the drug dispensed unless otherwise requested by the practitioner, the name of the practitioner, the name of the patient, and, if stated in the prescription, the directions for use and cautionary statements, if any, contained in such prescription. A SIMILAR LABEL MAY ALSO BE AFFIXED TO THE OUTER PACKAGING.

(3)  THE PRACTITIONER PRESCRIBING THE MEDICATION SHALL INSTRUCT THE PERSON DISPENSING SUCH MEDICATION TO INCLUDE ON THE LABEL THE PURPOSE FOR WHICH THE MEDICATION HAS BEEN PRESCRIBED TO AID THE PATIENT IN DISTINGUISHING ONE PRESCRIBED MEDICATION FROM ANOTHER, UNLESS THE PERSON FOR WHOM THE MEDICATION HAS BEEN PRESCRIBED, OR SUCH PERSON'S REPRESENTATIVE, REQUESTS THAT THE PURPOSE FOR THE MEDICATION BE OMITTED FROM THE LABEL.

SECTION 3. 12­22­318 (6), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended to read:

12­22­318.  Records to be kept ­ order forms ­ repeal. (6) (a)  Controlled substances listed in schedule I or II of part 2 of article 18 of title 18, C.R.S., shall be distributed by persons licensed or otherwise authorized under this part 3 or other laws of this state only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

(b) (I)  CONTROLLED SUBSTANCES LISTED IN SCHEDULE II OF PART 2 OF ARTICLE 18 OF TITLE 18, C.R.S., SHALL BE DISPENSED BY A PHARMACIST ONLY AFTER THE INDIVIDUAL PRESENTING HIMSELF OR HERSELF TO THE PHARMACIST TO RETRIEVE THE SCHEDULE II CONTROLLED SUBSTANCE PRESENTS VALID IDENTIFICATION IN THE FORM OF A DRIVER'S LICENSE, STATE­ISSUED IDENTIFICATION CARD, OR SOME OTHER IDENTIFICATION SATISFACTORY TO THE PHARMACIST THAT INCLUDES AN ADDRESS. IN ADDITION, THE INDIVIDUAL RETRIEVING THE PRESCRIPTION SHALL PRINT HIS OR HER NAME ON, AND SIGN, A FORM. THE PHARMACIST SHALL MAINTAIN SUCH FORM FOR A MINIMUM OF SIX MONTHS.

(II)  RECORDS SPECIFIED IN THIS PARAGRAPH (b) SHALL BE MAINTAINED TO COMPLY WITH THE REQUIREMENTS OF SECTION 12­22­319.

SECTION 4.  12­32­101 (3), Colorado Revised Statutes, 1991 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­32­101.  Definitions. As used in this article, unless the context otherwise requires:

(3) (c)  "PRESCRIBE", AS USED IN THIS SUBSECTION (3), MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.

SECTION 5.  12­35­110 (1) (m) and (1) (n), Colorado Revised Statutes, 1991 Repl. Vol., as amended, are amended to read:

12­35­110.  What constitutes practicing dentistry. (1)  A person shall be deemed to be practicing dentistry if, in the course of legitimate professional practice, such person:

(m) (I)  Prescribes such drugs or medications and administers such general or local anesthetics, anesthesia, or analgesia as may be necessary for the proper practice of dentistry; except that nothing in this section shall prohibit or be construed as prohibiting a dental hygienist from performing those tasks and procedures consistent with sections 12­35­122.5 (1) (e), 12­35­122.6 (1) (e) and (1) (f), and 12­35­125, and in accordance with rules promulgated by the board;

(II)  "PRESCRIBE", AS USED IN THIS PARAGRAPH (m), MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.

(n) (I)  Prescribes, induces, and sets dosage levels for inhalation analgesia. Monitoring and administration may be delegated to appropriately trained personnel.

(II)  "PRESCRIBE", AS USED IN THIS PARAGRAPH (n), MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.

SECTION 6.  12­36­106 (1) (a), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­36­106.  Practice of medicine defined ­ exemptions from licensing requirements ­ repeal. (1)  For the purpose of this article, "practice of medicine" means:

(a) (I)  Holding out one's self to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease, ailment, pain, injury, deformity, or physical or mental condition, whether by the use of drugs, surgery, manipulation, electricity, or any physical, mechanical, or other means whatsoever.

(II)  "PRESCRIBE", AS USED IN THIS PARAGRAPH (a), MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.

SECTION 7.  12­38­111.6 (1), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended to read:

12­38­111.6.  Prescriptive authority ­ advance practice nurses ­ repeal. (1) (a)  An advanced practice nurse who is listed on the advanced practice registry, has a license in good standing without disciplinary sanctions issued pursuant to section 12­38­111, and has fulfilled requirements established by the board pursuant to this section may be authorized by the board to prescribe controlled substances or prescription drugs as defined in article 22 of this title.

(b)  "PRESCRIBE", AS USED IN THIS SUBSECTION (1), MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH ARTICLE 22 OF THIS TITLE.

SECTION 8.  12­40­102, Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

12­40­102.  Practice of optometry defined. (8)  "PRESCRIBE", AS USED IN THIS SECTION, MEANS TO COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.

SECTION 9.  12­41­113 (2), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­41­113.  Special practice authorities and requirements. (2)  Administration of medications. Physical therapists may administer topical and aerosol medications when they are consistent with the scope of physical therapy practice and when any such medication is prescribed by a licensed health care practitioner who is authorized to prescribe such medication. A prescription or order COMPLETED IN COMPLIANCE WITH ARTICLE 22 OF THIS TITLE shall be required for each such administration.

SECTION 10.  Effective date ­ applicability. This act shall take effect upon the expiration of the period allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, unless a referendum petition is filed against this act within such period, in which case this act, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. This act shall be applicable to all prescriptions completed on or after such date.