HOUSE BILL 981245
BY REPRESENTATIVES Morrison, Dean, Epps, Faatz, Keller, Lawrence, Grampsas, Mace, Reeser, Sullivant, Taylor, and S. Williams;
also SENATOR Lacy.
CONCERNING THE AUTHORITY OF PHARMACISTS TO DISPENSE
PRESCRIPTIONS RECEIVED VIA FACSIMILE TRANSMISSION FOR SCHEDULE
II CONTROLLED SUBSTANCES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1818414
(2), Colorado Revised Statutes, 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 THE PRESCRIPTION ORDER
to writing and deliver the prescription order in person, by facsimile
transmission if the order is delivered
to a longterm care facility
AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (2), 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
THAT 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.
(c) (I) A PRESCRIPTION FOR A CONTROLLED
SUBSTANCE LISTED IN SCHEDULE II OF PART 2 OF THIS ARTICLE MAY
BE TRANSMITTED VIA FACSIMILE EQUIPMENT, SO LONG AS THE ORIGINAL
WRITTEN, SIGNED PRESCRIPTION IS PRESENTED TO THE PHARMACIST FOR
REVIEW PRIOR TO THE ACTUAL DISPENSING OF THE CONTROLLED SUBSTANCE,
EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH (c).
(II) A PRESCRIPTION WRITTEN FOR A SCHEDULE
II CONTROLLED SUBSTANCE FOR A HOSPICE PATIENT OR FOR A RESIDENT
OF A LONGTERM CARE FACILITY OR FOR THE DIRECT HOME ADMINISTRATION
TO A PATIENT BY PARENTERAL, INTRAVENOUS, INTRAMUSCULAR, SUBCUTANEOUS,
OR INTRASPINAL INFUSION (INFUSION DRUG THERAPY) MAY BE TRANSMITTED
BY THE PRACTITIONER OR THE PRACTITIONER'S AGENT TO THE DISPENSING
PHARMACY OR PHARMACIST BY FACSIMILE TRANSMISSION. THE PRACTITIONER
OR THE PRACTITIONER'S AGENT SHALL NOTE ON THE PRESCRIPTION THAT
THE PATIENT IS A HOSPICE PATIENT OR A RESIDENT IN A LONGTERM
CARE FACILITY OR A PATIENT RECEIVING INFUSION DRUG THERAPY. THE
FACSIMILE SERVES AS THE ORIGINAL WRITTEN PRESCRIPTION FOR PURPOSES
OF THIS SECTION AND SHALL BE MAINTAINED AS SPECIFIED BY THE BOARD.
(III) FOR THE PURPOSES OF THIS PARAGRAPH
(c):
(A) "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.
(B) "LONGTERM CARE FACILITY"
MEANS A FACILITY THAT IS LICENSED AND REGULATED AS A SKILLED NURSING
FACILITY OR NURSING CARE FACILITY BY THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT PURSUANT TO SECTIONS 251107
(1) (l) (I) AND 253101, C.R.S.
SECTION 2. 1818308
(2), Colorado Revised Statutes, is amended to read:
1818308. Prescriptions.
(2) EXCEPT AS PROVIDED IN SECTION 1818414,
a person may dispense a controlled substance only as provided
in this section.
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to all qualifying prescriptions
dispensed on or after said date.
SECTION 4. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO