Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING THE AUTHORITY OF PHARMACISTS TO RECEIVE PRESCRIPTIONS BY FACSIMILE TRANSMISSION FOR DISPENSING MEDICATIONS TO PATIENTS IN CERTAIN CARE SETTINGS.

Summary of Assessment

            The bill allows a prescription for a hospice, long-term care facility, or home infusion therapy patient to be transmitted by a practitioner to the dispensing pharmacy by facsimile transmission. The bill includes an effective date of July 1, 1998, and applies to all qualifying prescriptions dispensed on or after that date.

            Current Practice. Federal Drug Enforcement Authority (DEA) regulations allow a prescription to be transmitted to a dispensing pharmacy by facsimile transmission in certain care settings. The Department of Regulatory Agencies indicates that at present, pharmacists may unknowingly dispense a prescription from a facsimile transmission which would be contrary to state law but allowable under federal regulations. SB 98-130 conforms state law with federal DEA regulations. It is anticipated that the bill will reduce confusion for physicians and pharmacists, and result in better compliance with both federal and state law. The bill does not require additional moneys, and is therefore assessed as having no fiscal impact.

Departments Contacted

            Public Health and Environment

            Regulatory Agencies