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Second Regular Session
Sixty-first General Assembly
LLS NO. 980736.01D EBD
SENATE BILL 98130
STATE OF COLORADO
BY SENATOR Lacy;
also REPRESENTATIVE Epps.
A BILL FOR AN ACT
CONCERNING THE AUTHORITY OF PHARMACISTS TO RECEIVE
PRESCRIPTIONS BY FACSIMILE TRANSMISSION FOR DISPENSING MEDICATIONS
TO PATIENTS IN CERTAIN CARE SETTINGS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Allows a prescription for a hospice, longterm
care facility, or home infusion therapy patient to be transmitted
by a practitioner to the dispensing pharmacy by facsimile transmission.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1818414 (1) (b) and (4), Colorado Revised Statutes, are amended, and the said 1818414 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
1818414. Unlawful acts licenses penalties. (1) Except as otherwise provided in this article or in article 22 of title 12, C.R.S., the following acts are unlawful:
(b) Except as provided in
SUBSECTIONS (2) AND (2.5) of this section, the dispensing of any
Schedule II controlled substance unless such substance is dispensed
from a pharmacy pursuant to a written order or is dispensed by
any practitioner in the course of his professional practice;
(2.5) (a) A PRESCRIPTION PREPARED IN ACCORDANCE WITH FEDERAL AND STATE REQUIREMENTS, WRITTEN FOR A CONTROLLED SUBSTANCE LISTED IN SCHEDULE II OF SECTION 1818204 FOR A PATIENT OF A HOSPICE OR LONGTERM CARE FACILITY OR FOR THE DIRECT ADMINISTRATION TO A PATIENT BY PARENTERAL, INTRAVENOUS, INTRAMUSCULAR, SUBCUTANEOUS, OR INTRASPINAL INFUSION MAY BE TRANSMITTED BY THE PRACTITIONER OR THE PRACTITIONER'S AGENT TO THE DISPENSING PHARMACY BY FACSIMILE TRANSMISSION.
(b) FOR THE PURPOSES OF THIS SUBSECTION (2.5), THE FACSIMILE SHALL SERVE AS THE ORIGINAL WRITTEN PRESCRIPTION FOR THE PURPOSES OF ANY RECORD REQUIRED TO BE KEPT OR FILED UNDER THIS ARTICLE OR UNDER PART 3 OF ARTICLE 22 OF TITLE 12, C.R.S.
(c) FOR THE PURPOSES OF THIS SUBSECTION (2.5):
(I) "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.
(II) "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.
(4) Any person who violates paragraph (e), (f), (g), (h), (i), (j), (k), (l), (m), or (n) of subsection (1) of this section or subsection (2) OR (2.5) of this section or any other provision of this part 4 for which a penalty is not specified is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
SECTION 2. 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 3. 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.