CO Code § 12-280-403 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 280 - Pharmacists, Pharmacy Businesses, and Pharmaceuticals|Part 4 - Electronic Monitoring of Prescription Drugs|§ 12-280-403. Prescription Drug Use Monitoring Program - Registration Required

  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:   The date the prescription was dispensed;    The name of the patient and the practitioner;    The name and amount of the controlled substance;    The method of payment;    The name of the dispensing pharmacy; and    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.         Each practitioner in this state who holds a current registration issued by the federal drug enforcement administration and each pharmacist shall register and maintain a user account with the program.    When registering with the program or at any time thereafter, a practitioner may authorize up to three 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 up to six designees to access the program under section 12-280-404 (3)(f), if:   (A) The authorized designee of the practitioner is employed by, or is under contract with, the same professional practice as the practitioner; or    The practitioner or pharmacist takes reasonable steps to ensure that the designee is sufficiently competent in the use of the program; and    The practitioner or pharmacist remains responsible for:   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    Any negligent breach of confidentiality of information obtained from the program by the practitioner's or pharmacist's designee.          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.    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.       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.    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.    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.      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.    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).        History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 1495, § 1, effective October 1. L. 2021: (2)(a) amended,(SB 21-098), ch. 285, p. 1690, § 1, effective July 1; (6) added,(HB 21-1276), ch. 364, p. 2400, § 15, effective July 1; IP(2)(b) amended,(SB 21-094), ch. 314, p. 1943, § 30, effective September 1.    Editor's note:    This section is similar to former § 12-42.5-403 as it existed prior to 2019.    Section 20 of chapter 364 (HB 21-1276), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-098 becomes law and takes effect either upon the effective date of HB 21-1276 or SB 21-098, whichever is later. SB 21-098 became law, and both bills have an effective date of July 1, 2021.     Cross references:   For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 2021.