C.R.S. Section 12-280-403
Prescription drug use monitoring program

  • registration required
  • applications
  • rules
  • appropriation
  • repeal

(1)

The board shall develop or procure a prescription controlled substance electronic program to track information regarding prescriptions for controlled substances dispensed in Colorado, including the following information:

(a)

The date the prescription was dispensed;

(b)

The name of the patient and the practitioner;

(c)

The name and amount of the controlled substance;

(d)

The method of payment;

(e)

The name of the dispensing pharmacy; and

(f)

Any other data elements necessary to determine whether a patient is visiting multiple practitioners or pharmacies, or both, to receive the same or similar medication.

(2)

Intentionally left blank —Ed.

(a)

Each practitioner licensed in this state who holds a current registration issued by the federal drug enforcement administration and each pharmacist licensed in this state shall register and maintain a user account with the program.

(b)

When registering with the program or at any time thereafter, a practitioner may authorize designees to access the program under section 12-280-404 (3)(b) or (3)(d) on behalf of the practitioner, and a pharmacist may authorize designees to access the program under section 12-280-404 (3)(f), if:

(I)

Intentionally left blank —Ed.

(A)

The authorized designee of the practitioner is employed by, or is under contract with, the same professional practice as the practitioner; or

(B)

The authorized designee of the pharmacist is employed by, or is under contract with, the same prescription drug outlet as the pharmacist; and

(II)

The practitioner or pharmacist takes reasonable steps to ensure that the designee is sufficiently competent in the use of the program; and

(III)

The practitioner or pharmacist remains responsible for:

(A)

Ensuring that access to the program by the practitioner’s designee is limited to the purposes authorized in section 12-280-404 (3)(b) or (3)(d) or that access to the program by the pharmacist’s designee is limited to the purposes authorized in section 12-280-404 (3)(f), as the case may be, and that access to the program occurs in a manner that protects the confidentiality of the information obtained from the program; and

(B)

Any negligent breach of confidentiality of information obtained from the program by the practitioner’s or pharmacist’s designee when the designee accessed the program on behalf of the supervising practitioner or pharmacist.

(c)

A practitioner or pharmacist is subject to penalties pursuant to section 12-280-406 for violating the requirements of subsection (2)(b) of this section.

(d)

Any individual authorized as a designee of a practitioner or pharmacist pursuant to subsection (2)(b) of this section shall register as a designee of a practitioner or pharmacist with the program for program data access in accordance with section 12-280-404 (3)(b), (3)(d), or (3)(f), as applicable, and board rules.

(3)

Each practitioner and each dispensing pharmacy shall disclose to a patient receiving a controlled substance that his or her identifying prescription information will be entered into the program database and may be accessed for limited purposes by specified individuals.

(4)

The board shall establish a method and format for prescription drug outlets to convey the necessary information to the board or its designee. The method must not require more than a one-time entry of data per patient per prescription by a prescription drug outlet.

(5)

The division may contract with any individual or public or private agency or organization in carrying out the data collection and processing duties required by this part 4.

(6)

Intentionally left blank —Ed.

(a)

On or before December 1, 2021, the division shall fully enable the expansion, utilization, and adoption of the United States bureau of justice assistance RxCheck, both for interstate data sharing and for integrating the program into the electronic medical records of practitioners and health systems within the state. Practitioners and health systems, through public and private integration organizations that comply with the business associate requirements of the federal “Health Insurance Portability and Accountability Act of 1996”, as amended, 42 U.S.C. sec. 1320d to 1320d-9, and its related privacy and security regulations, are authorized to directly connect to the program through RxCheck. In order to complete the required RxCheck enablement, the division may authorize public or private integration organizations to provide to the division reasonable and necessary program query audit reports should audit reporting functionality not be sufficient for the division through RxCheck. Notwithstanding the enablement of RxCheck described in this subsection (6), the program, whether developed by the board or procured, must allow direct application program interface connections to the program through public and private integration organizations that comply with the business associate requirements of the “Health Insurance Portability and Accountability Act of 1996”, as amended, 42 U.S.C. sec. 1320d to 1320d-9, and its related privacy and security regulations.

(b)

For the 2021-22 state fiscal year, the general assembly shall appropriate money from the marijuana tax cash fund created in section 39-28.8-501 (1) to the department for appropriation to the division for the purposes of this subsection (6).

(7)

Intentionally left blank —Ed.

(a)

Subject to available funding, the division shall solicit applications from public and private integration organizations and, on or before July 1, 2024, approve:

(I)

Qualified integration organizations that practitioners and pharmacists may use to integrate access of and data entry into the program; and

(II)

Qualified integration organizations that practitioners and pharmacists may use to integrate access of and data entry into a patient’s electronic medical records.

(b)

The division shall implement a process whereby practitioners and pharmacists who have not integrated their electronic medical records and the program may apply for and receive money from a qualified integration organization approved by the division to help defray all or a portion of the costs to integrate the program and electronic medical records.

(c)

The board may promulgate rules to implement this subsection (7).

(d)

Intentionally left blank —Ed.

(I)

For the 2022-23 state fiscal year, the general assembly shall transfer two million forty-five thousand one hundred ninety-eight dollars for the administrative costs of this subsection (7) from the general fund to the prescription drug monitoring fund created in section 12-280-405. The division may use the money transferred to the prescription drug monitoring fund pursuant to this subsection (7) for the purposes of this subsection (7). Any money transferred pursuant to this subsection (7) not expended prior to July 1, 2023, shall remain in the fund for the same purpose through December 30, 2024.

(II)

This subsection (7)(d) is repealed, effective December 31, 2024.

Source: Section 12-280-403 — Prescription drug use monitoring program - registration required - applications - rules - appropriation - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑280‑101
Public interest - rules 12‑280‑102
Applicability of common provisions 12‑280‑103
Definitions - rules 12‑280‑104
State board of pharmacy - creation - subject to review - repeal of parts 12‑280‑105
Membership of board - removal - compensation - meetings 12‑280‑106
Veterinary pharmaceutical advisory committee - creation - appointments - rules - repeal 12‑280‑107
Rules 12‑280‑108
Powers and duties - rules 12‑280‑109
Drugs, devices, and other materials 12‑280‑110
Publications 12‑280‑111
Malpractice claims information - not public - exception 12‑280‑112
Fees 12‑280‑113
Approval of schools 12‑280‑114
Licensure, certification, or registration - applicability - applications - licensure and certification requirements - rules 12‑280‑115
Exemptions from licensure - hospital residency programs - home renal dialysis - research companies 12‑280‑115.5
Certification of pharmacy technicians - requirements - provisional certification - criminal history record check - rules 12‑280‑116
Expiration and renewal of licenses, certifications, or registrations 12‑280‑117
Continuing education - exceptions - inactive status 12‑280‑117.5
Continuing education for pharmacy technicians - exceptions - inactive status 12‑280‑118
Prescription drug outlet under charge of pharmacist - rules 12‑280‑119
Registration of facilities - rules 12‑280‑120
Compounding - dispensing - sale of drugs and devices - rules - definition 12‑280‑121
Compounding drugs for office use by a veterinarian - rules - definitions 12‑280‑122
Limited authority to delegate activities constituting practice of pharmacy to pharmacy interns or pharmacy technicians 12‑280‑123
Prescription required - exception - dispensing opiate antagonists - selling nonprescription syringes and needles 12‑280‑124
Labeling - rules 12‑280‑125
Substitution of prescribed drugs and biological products authorized - when - conditions 12‑280‑125.3
Pharmacists’ authority - minor prescription adaptions 12‑280‑125.5
Pharmacists’ authority to dispense chronic maintenance drugs - rules - liability 12‑280‑125.7
Pharmacists’ authority to prescribe and dispense HIV prevention drugs - definitions - rules 12‑280‑126
Unprofessional conduct - grounds for discipline 12‑280‑127
Disciplinary actions 12‑280‑128
Judicial review 12‑280‑129
Unlawful acts - civil fines 12‑280‑130
Unauthorized practice - penalties 12‑280‑131
New drugs - when sales permissible 12‑280‑132
Advertising of prescription drug prices 12‑280‑133
Nonresident prescription drug outlet - registration 12‑280‑133.5
Nonresident 503B outsourcing facility - registration - requirements - denial, revocation, or suspension - rules 12‑280‑133.7
Third-party logistics providers - registration - denial, revocation, or suspension - rules 12‑280‑134
Records 12‑280‑135
Unused medication - licensed facilities - correctional facilities - reuse - definitions - rules 12‑280‑136
Confidential agreement to limit practice 12‑280‑137
Investigations of suspicious drugs 12‑280‑138
Patient counseling - pharmacists required to perform - patient may decline - rules 12‑280‑139
Insulin affordability program - record keeping - reimbursement - definitions 12‑280‑140
Emergency prescription insulin supply - eligibility - record keeping 12‑280‑141
Prescription drugs - automated pharmacy dispensing system - rules - definition 12‑280‑142
Epinephrine auto-injector affordability program - record keeping - reimbursement - definitions 12‑280‑201
Legislative declaration 12‑280‑202
Definitions 12‑280‑203
Pharmacy peer health assistance fund - rules 12‑280‑204
Eligibility - participants 12‑280‑205
Liability 12‑280‑206
Immunity 12‑280‑301
Definitions 12‑280‑303
Wholesaler registration requirements - rules 12‑280‑304
Record check 12‑280‑305
Restrictions on transactions 12‑280‑306
Records - pedigree - compliance with DQSA 12‑280‑307
Penalty 12‑280‑308
Manufacturer, agent, representative, or employee - drug cost information - required - definitions 12‑280‑401
Legislative declaration 12‑280‑402
Definitions 12‑280‑403
Prescription drug use monitoring program - registration required - applications - rules - appropriation - repeal 12‑280‑404
Program operation - access - rules - definitions 12‑280‑405
Prescription drug monitoring fund - creation - fee 12‑280‑406
Violations - penalties 12‑280‑407
Prescription drug outlets - prescribers - responsibilities - liability 12‑280‑408
Exemption - waiver 12‑280‑409
Examination and analysis of prescription drug monitoring program - recommendations to executive director 12‑280‑501
Written guidelines and procedures for making therapeutic interchange and therapeutically equivalent selections 12‑280‑502
Therapeutic interchange and therapeutically equivalent selections for nursing care facility or long-term acute care hospital patients - rules 12‑280‑601
Definitions 12‑280‑602
Collaborative pharmacy practice agreements - pharmacist requirements 12‑280‑603
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 12-280-403’s source at colorado​.gov