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Sixty-first General Assembly
LLS NO. 980253.01 JLB
HOUSE BILL 981015
STATE OF COLORADO
BY REPRESENTATIVE Leyba;
also SENATOR Wham.
REREVISED
HEWI
A BILL FOR AN ACT
CONCERNING CONTINUATION OF THE AUTHORITY OF THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT TO REGULATE THE ADMINISTRATION
AND MONITORING OF MEDICATIONS IN FACILITIES BY QUALIFIED UNLICENSED
PERSONS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Sunset Process House Health, Environment, Welfare and Institutions Committee. Continues until July 1, 2009, the department of public health and environment's regulation of facilities that use qualified unlicensed persons to monitor and administer medication. Clarifies the facilities in which the medication administration program may be utilized. Authorizes persons to fill and label medication reminder boxes after they have been properly trained in an approved program.
Requires the next sunset review to examine the regulatory
process that governs the facilities using such training programs.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1222304 (5) (e), Colorado Revised Statutes, is amended to read:
1222304. License required controlled substances drug precursors fund created repeal. (5) The following persons need not be licensed by the department or by the board to lawfully possess controlled substances under this part 3:
(e) (I) Employees of facilities who are administering and monitoring medications to persons under the care or jurisdiction thereof pursuant to the provisions of section 251107 (1) (ee), C.R.S.
(II) This
paragraph (e) is repealed, effective July 1, 1998. Prior to such
repeal, the exception to the licensure requirement set forth in
this paragraph (e) shall be subject to review pursuant to the
provisions of section 231201, C.R.S., by the sunrise
and sunset review committee.
SECTION 2. 1236106 (3) (o), Colorado Revised Statutes, is amended to read:
1236106. Practice of medicine defined exemptions from licensing requirements repeal. (3) Nothing in this section shall be construed to prohibit, or to require a license under this article with respect to, any of the following acts:
(o) (I) The administration and monitoring of medications in facilities as provided in section 251107 (1) (ee), C.R.S.
(II) This
paragraph (o) is repealed, effective July 1, 1998. Prior to such
repeal, the exemption to licensure requirement set forth in this
paragraph (o) shall be subject to review by a legislative committee
of reference designated pursuant to section 231201,
C.R.S., to conduct the review pursuant to section 2434104,
C.R.S., and the provisions of section 2434104 (5)
to (12), C.R.S., concerning a windup period, an analysis
and evaluation, public hearings, and claims by or against an agency
shall apply to the operation of the program specified in this
paragraph (o).
SECTION 3. 1238125 (1) (h), Colorado Revised Statutes, is amended to read:
1238125. Exclusions. (1) No provision of this article shall be construed to prohibit:
(h) (I) The administration and monitoring of medications in facilities pursuant to section 251107 (1) (ee), C.R.S.
(II) This
paragraph (h) is repealed, effective July 1, 1998. Prior to such
repeal, the exclusion set forth in this paragraph (h) shall be
subject to review by a legislative committee of reference designated
pursuant to section 231201, C.R.S., to conduct the
review pursuant to section 2434104, C.R.S., and the
provisions of section 2434104 (5) to (12), C.R.S.,
concerning a windup period, an analysis and evaluation,
public hearings, and claims by or against an agency shall apply
to the operation of the program specified in this paragraph (h).
SECTION 4. 251107 (1) (ee) (I.5), (1) (ee) (II.5) (I), and (1) (ee) (VI), Colorado Revised Statutes, are amended to read:
251107. Powers and duties of the department repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the following powers and duties:
(ee) (I.5) Medication reminder boxes
or systems may be used if such containers have been filled and
properly labeled by a pharmacist licensed pursuant to article
22 of title 12, C.R.S., a nurse licensed pursuant to article 38
of title 12, C.R.S., AN UNLICENSED PERSON TRAINED PURSUANT TO
THIS SUBPARAGRAPH (I.5), or filled and properly labeled through
the gratuitous care by members of one's family or friends. NOTHING
IN THIS SUBPARAGRAPH (I.5) AUTHORIZES OR SHALL BE CONSTRUED TO
AUTHORIZE THE PRACTICE OF PHARMACY, AS DEFINED IN SECTION 12-22-102
(26). Unlicensed persons may physically
assist a person who is physically impaired if such impairment
affects the ability of the person to use the medication reminder,
if such unlicensed person is trained pursuant to the provisions
of this paragraph (ee). NO UNLICENSED
PERSON SHALL FILL AND LABEL MEDICATION REMINDER BOXES PURSUANT
TO THIS SUBPARAGRAPH (I.5) UNTIL SUCH PERSON HAS COMPLETED APPROPRIATE
TRAINING APPROVED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,
AND NO FACILITY SHALL USE AN UNLICENSED PERSON TO PERFORM SUCH
SERVICES UNLESS SUCH FACILITY HAS A QUALIFIED MANAGER TO OVERSEE
THE WORK OF SUCH UNLICENSED PERSON OR PERSONS. NOTWITHSTANDING
ANY PROVISION OF THIS SUBPARAGRAPH (I.5) TO THE CONTRARY, EVERY
UNLICENSED PERSON SHALL BE RE-EVALUATED FOR COMPETENCY AS DESCRIBED
IN SUB-SUBPARAGRAPH (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH
(ee) EVERY FOUR YEARS. THE DEPARTMENT SHALL NOT APPROVE SUCH
RE-EVALUATION FOR ANY PERSON ABOUT WHOM THE DEPARTMENT HAS RECEIVED
A COMPLAINT UNTIL SUCH COMPLAINT IS RESOLVED TO THE SATISFACTION
OF THE DEPARTMENT. EVERY UNLICENSED PERSON AND QUALIFIED
MANAGER DESCRIBED IN THIS SUBPARAGRAPH (I.5) SHALL SIGN A DISCLOSURE
STATEMENT UNDER PENALTY OF PERJURY STATING THAT HE OR SHE NEVER
HAD A PROFESSIONAL LICENSE TO PRACTICE NURSING, MEDICINE, OR
PHARMACY REVOKED IN THIS OR ANY OTHER STATE FOR REASONS DIRECTLY
RELATED TO THE ADMINISTRATION OF MEDICATIONS. FOR PURPOSES OF
THIS SUBPARAGRAPH (I.5), A "QUALIFIED MANAGER" MEANS
A PERSON WHO:
(A) IS THE OWNER OR OPERATOR OF THE FACILITY OR A SUPERVISOR DESIGNATED BY THE OWNER OR OPERATOR OF THE FACILITY FOR THE PURPOSE OF IMPLEMENTING THIS SUBPARAGRAPH (I.5); AND
(B) HAS COMPLETED TRAINING IN THE ADMINISTRATION OF MEDICATIONS PURSUANT TO THIS SUBPARAGRAPH (I.5) OR IS A LICENSED NURSE PURSUANT TO ARTICLE 38 OF TITLE 12, C.R.S., A LICENSED PHYSICIAN PURSUANT TO ARTICLE 36 OF TITLE 12, C.R.S., OR A LICENSED PHARMACIST PURSUANT TO ARTICLE 22 OF TITLE 12, C.R.S. EVERY UNLICENSED PERSON WHO IS A "QUALIFIED MANAGER" WITHIN THE MEANING OF THIS SUBPARAGRAPH (I.5) SHALL, EVERY FIVE YEARS, SUCCESSFULLY COMPLETE A TEST APPROVED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PERTAINING TO THE ADMINISTRATION OF MEDICATIONS.
(I.6) TO DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES WITH RESPECT TO THE PROVISIONS IN SUBPARAGRAPH (I.5) OF THIS PARAGRAPH (ee) CONCERNING THE ADMINISTRATION OF MEDICATION REMINDER BOXES.
(II.5) For purposes of this paragraph (ee), "facility" means:
(I) Residential
and day care programs providing services
ALL SERVICES FUNDED THROUGH AND REGULATED BY THE DEPARTMENT OF
HUMAN SERVICES PURSUANT TO ARTICLE 10.5 OF TITLE 27, C.R.S., in
support of persons with developmental disabilities; pursuant
to article 10.5 of title 27, C.R.S.;
and
(VI) (A) This
paragraph (ee) is repealed, effective July 1, 1998.
(B) Prior to such repeal, the
program established by this paragraph (ee) shall be subject to
review by a legislative committee of reference designated pursuant
to section 231201, C.R.S., to conduct the review pursuant
to section 2434104, C.R.S., and the provisions of
section 2434104 (5) to (12), C.R.S., concerning a
windup period, an analysis and evaluation, public hearings,
and claims by or against an agency shall apply to the operation
of the program specified in this paragraph (ee).
SECTION 5. Repeal. 2434104 (27.5) (a), (27.5) (b), (27.5) (c), and (27.5) (d), Colorado Revised Statutes, are repealed as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (27.5) (a) The
program for the administration and monitoring of medications in
facilities authorized pursuant to section 251107 (1)
(ee), C.R.S., shall terminate on July 1, 1998.
(b) The exemption
from licensure under the "Uniform Controlled Substances Act
of 1992", article 18 of title 18, C.R.S., pursuant to section
1222304 (5) (e) (I), C.R.S., for persons who administer
or monitor medications in facilities in compliance with the program
authorized in section 251107 (1) (ee), C.R.S., shall
terminate on July 1, 1998.
(c) The exemption
from licensure under the "Colorado Medical Practice Act"
pursuant to section 1236106 (3) (o) (I), C.R.S., for
persons who administer and monitor medications in facilities in
compliance with the program authorized in section 251107
(1) (ee), C.R.S., shall terminate on July 1, 1998.
(d) The exemption
from licensure under the "Nurse Practice Act" pursuant
to section 1238125 (1) (h) (I), C.R.S., for persons
who administer and monitor medications in facilities in compliance
with the program authorized in section 251107 (1)
(ee), C.R.S., shall terminate on July 1, 1998.
SECTION 6. 2434104, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (40) THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY 1, 2009:
(a) THE PROGRAM FOR THE ADMINISTRATION AND MONITORING OF MEDICATIONS IN FACILITIES AUTHORIZED PURSUANT TO SECTION 251107 (1) (ee), C.R.S.
(b) THE EXEMPTION FROM LICENSURE UNDER THE "UNIFORM CONTROLLED SUBSTANCES ACT OF 1992", ARTICLE 18 OF TITLE 18, C.R.S., PURSUANT TO SECTION 1222304 (5) (e) (I), C.R.S., FOR PERSONS WHO ADMINISTER OR MONITOR MEDICATIONS IN FACILITIES IN COMPLIANCE WITH THE PROGRAM AUTHORIZED IN SECTION 251107 (1) (ee), C.R.S.
(c) THE EXEMPTION FROM LICENSURE UNDER THE "COLORADO MEDICAL PRACTICE ACT" PURSUANT TO SECTION 1236106 (3) (o) (I), C.R.S., FOR PERSONS WHO ADMINISTER AND MONITOR MEDICATIONS IN FACILITIES IN COMPLIANCE WITH THE PROGRAM AUTHORIZED IN SECTION 251107 (1) (ee), C.R.S.
(d) THE EXEMPTION FROM LICENSURE UNDER THE "NURSE PRACTICE ACT" PURSUANT TO SECTION 1238125 (1) (h) (I), C.R.S., FOR PERSONS WHO ADMINISTER AND MONITOR MEDICATIONS IN FACILITIES IN COMPLIANCE WITH THE PROGRAM AUTHORIZED IN SECTION 251107 (1) (ee), C.R.S.
SECTION 7. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to services provided on or after said date.
SECTION 8. 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.