First Regular Session
Sixty-second General Assembly
LLS NO. 99-0526.01 Jane Brown SENATE BILL 99-120
STATE OF COLORADO
BY SENATOR Weddig;
also REPRESENTATIVE Alexander.
REENGROSSED
HEALTH, ENVIRONMENT, WELFARE & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING REQUIREMENTS FOR PROCESSING PRESCRIPTIONS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires that all drugs dispensed pursuant to a prescription order
bear a label that includes a description of the purpose for the prescription
or the symptoms being treated unless otherwise requested by the patient,
his or her representative, his or her caregiver, or the practitioner. States
that the purpose for the label is to assist the patient or the patient's
caregiver in distinguishing one prescribed medication from another.
States that prescriptions may be hand printed or legibly written if
they are signed by the practitioner and meet other requirements. Applies
to prescriptions written by podiatrists, dentists, doctors, physician
assistants, nurses, optometrists, and physical therapists.
Requires pharmacists to verify the identity of any person retrieving
a schedule II controlled substance prescription, obtain their printed name
and signature, and maintain the record containing such printed name and
signature for at least 6 months.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 12-22-102 (22.5), Colorado Revised Statutes, is
3 amended to read:
4 12-22-102. Definitions - repeal. As used in this part 1, unless the
5 context otherwise requires:
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 (22.5) "Order" means:
2 (a) A prescription order which THAT is any order, other than a
3 chart order, authorizing the dispensing of a single drug or device that is
4 HAND PRINTED, { } written, mechanically produced, OR computer
5 generated and signed by the practitioner, transmitted electronically or by
6 facsimile, or by other means of communication by a practitioner and
7 which THAT includes the name or identification of the patient, the date,
8 and sufficient information for compounding, dispensing, and labeling; or
9 (b) A chart order which THAT is an order for inpatient drugs or
10 medications to be dispensed by a pharmacist, or pharmacy intern under
11 the direct supervision of a pharmacist, which THAT is to be administered
12 by an authorized person only during the patient's stay in a hospital
13 facility. It shall contain the name of the patient and of the medicine
14 ordered and such directions as the practitioner may prescribe concerning
15 strength, dosage, frequency, and route of administration.
16 SECTION 2. 12-22-123 (2), Colorado Revised Statutes, is
17 amended to read:
18 12-22-123. Labeling. (2) Except as otherwise required by law,
19 any drug dispensed pursuant to a prescription order shall bear a label
20 prepared and placed on or securely attached to the medicine container
21 stating at least the name and address of the prescription drug outlet, the
22 serial number, and the date of the prescription or of its filling, the name
23 of the drug dispensed unless otherwise requested by the practitioner, the
24 name of the practitioner, the name of the patient, and, if stated in the
25 prescription, the directions for use and cautionary statements, if any,
26 {contained in such prescription. "IF A PRESCRIPTION ORDER INCLUDES A
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1 DESCRIPTION OF THE PURPOSE FOR THE PRESCRIPTION OR THE SYMPTOMS
2 BEING TREATED, THE PHARMACIST SHALL SET FORTH SUCH INFORMATION
3 ON THE LABEL OF THE DRUG. ALL DRUGS DISPENSED PURSUANT TO SUCH
4 PRESCRIPTION ORDER SHALL INCLUDE SUCH INFORMATION UNLESS THE
5 PATIENT, THE PATIENT'S REPRESENTATIVE, OR THE PATIENT'S CAREGIVER
6 REQUESTS OTHERWISE. THE PURPOSE FOR SUCH DRUG LABEL SHALL BE TO
7 ASSIST THE PATIENT OR THE PATIENT'S CAREGIVER IN DISTINGUISHING ONE
8 PRESCRIBED MEDICATION FROM ANOTHER."
9 } SECTION {3.} 12-32-101 (3), Colorado Revised Statutes, is
10 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
11 12-32-101. Definitions. As used in this article, unless the context
12 otherwise requires:
13 (3) (c) "PRESCRIBE", AS USED IN THIS SUBSECTION (3), MEANS TO
14 COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF
15 ARTICLE 22 OF THIS TITLE.
16 SECTION 4. 12-35-110 (1) (m), Colorado Revised Statutes, is
17 amended to read:
18 12-35-110. What constitutes practicing dentistry. (1) A person
19 shall be deemed to be practicing dentistry if, in the course of legitimate
20 professional practice, such person:
21 (m) (I) Prescribes such drugs or medications and administers such
22 general or local anesthetics, anesthesia, or analgesia as may be necessary
23 for the proper practice of dentistry; except that nothing in this section
24 shall prohibit or be construed as prohibiting a dental hygienist from
25 performing those tasks and procedures consistent with sections
26 12-35-122.5 (1) (e), 12-35-122.6 (1) (e) and (1) (f), and 12-35-125, and
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1 in accordance with rules promulgated by the board;
2 (II) "PRESCRIBE", AS USED IN THIS PARAGRAPH (m), MEANS TO
3 COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF
4 ARTICLE 22 OF THIS TITLE.
5 SECTION 5. 12-36-106 (1) (a), Colorado Revised Statutes, is
6 amended to read:
7 12-36-106. Practice of medicine defined - exemptions from
8 licensing requirements - repeal. (1) For the purpose of this article,
9 "practice of medicine" means:
10 (a) (I) Holding out one's self to the public within this state as
11 being able to diagnose, treat, prescribe for, palliate, or prevent any human
12 disease, ailment, pain, injury, deformity, or physical or mental condition,
13 whether by the use of drugs, surgery, manipulation, electricity,
14 telemedicine, the interpretation of tests, including primary diagnosis of
15 pathology specimens, images, or photographs, or any physical,
16 mechanical, or other means whatsoever;
17 (II) "PRESCRIBE", AS USED IN THIS PARAGRAPH (a), MEANS TO
18 COMPLETE A PRESCRIPTION IN COMPLIANCE WITH THE REQUIREMENTS OF
19 ARTICLE 22 OF THIS TITLE.
20 SECTION 6. 12-38-111.6 (1), Colorado Revised Statutes, is
21 amended to read:
22 12-38-111.6. Prescriptive authority - advance practice nurses
23 - repeal. (1) (a) An advanced practice nurse who is listed on the
24 advanced practice registry, has a license in good standing without
25 disciplinary sanctions issued pursuant to section 12-38-111, and has
26 fulfilled requirements established by the board pursuant to this section
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1 may be authorized by the board to prescribe controlled substances or
2 prescription drugs as defined in article 22 of this title.
3 (b) "PRESCRIBE", AS USED IN THIS SUBSECTION (1), MEANS TO
4 COMPLETE A PRESCRIPTION IN COMPLIANCE WITH ARTICLE 22 OF THIS
5 TITLE.
6 SECTION 7. 12-40-102, Colorado Revised Statutes, is amended
7 BY THE ADDITION OF A NEW SUBSECTION to read:
8 12-40-102. Practice of optometry defined. (8) "PRESCRIBE", AS
9 USED IN THIS SECTION, MEANS TO COMPLETE A PRESCRIPTION IN
10 COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE 22 OF THIS TITLE.
11 SECTION 8. 12-41-113 (2), Colorado Revised Statutes, is
12 amended to read:
13 12-41-113. Special practice authorities and requirements.
14 (2) Administration of medications. Physical therapists may administer
15 topical and aerosol medications when they are consistent with the scope
16 of physical therapy practice and when any such medication is prescribed
17 by a licensed health care practitioner who is authorized to prescribe such
18 medication. A prescription or order COMPLETED IN COMPLIANCE WITH
19 ARTICLE 22 OF THIS TITLE shall be required for each such administration.
20 SECTION 9. Effective date - applicability. (1) This act shall
21 take effect at 12:01 a.m. on the day following the expiration of the
22 ninety-day period after final adjournment of the general assembly that is
23 allowed for submitting a referendum petition pursuant to article V,
24 section 1 (3) of the state constitution; except that, if a referendum petition
25 is filed against this act or an item, section, or part of this act within such
26 period, then the act, item, section, or part, if approved by the people, shall
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1 take effect on the date of the official declaration of the vote thereon by
2 proclamation of the governor.
3 (2) The provisions of this act shall apply to all prescriptions
4 completed on or after the applicable effective date of this act.