reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-105 - Membership of board - removal - compensation - meetings

(1)
(a)
(I)
The board is composed of five licensed pharmacists, each having at least five years' experience in this state and actively engaged in the practice of pharmacy in this state, and two nonpharmacists who have no financial interest in the practice of pharmacy.
(II)
Of the licensed pharmacist members of the board, one must be engaged in practice in a hospital setting, one must be engaged in practice in a chain pharmacy, and one must be engaged in practice in an independent pharmacy.
(b)
(I)
The governor shall make all appointments to the board in accordance with this section.
(II)
Repealed.
(c)
For purposes of achieving a balance in the membership on the board, the governor shall consider:
(I)
Whether the appointee's home is in:
(A)
An urban or rural location; and
(B)
An area already represented geographically by another appointee on the board; and
(II)
The type of practice of the appointee so that various types of practices are represented on the board and so that the licensed pharmacist members of the board satisfy the requirements of subsection (1)(a)(II) of this section.
(d)
(I)
The term of office of each member is four years.
(II)
In the case of an appointment to fill a vacancy, the appointee shall complete the unexpired term of the former board member.
(III)
No member of the board may serve more than two consecutive full terms.
(e)
No more than four members of the board shall be members of the same major political party.
(f)
The governor shall appoint the pharmacist members in a manner to ensure that the term of one member expires July 1 of each year.
(2)
The governor may remove any board member for misconduct, incompetence, or neglect of duty.
(3)
Each member of the board shall receive the compensation provided for in section
12-20-103 (6)
.
(4)
The board shall hold meetings at least once every four months at the times and places fixed by the board. At one meeting, the board shall elect a president and a vice-president. A majority of the members of the board constitutes a quorum for the conduct of business, and, except as otherwise provided in this part 1, all actions of the board must be by a majority of a quorum. The board shall give full and timely notice of all meetings of the board pursuant to any requirements of state laws. All board meetings and hearings are open to the public; except that the board may conduct any portion of its meetings in executive session closed to the public, as may be permitted by law.
Amended by 2021 Ch. 314, § 4, eff. 6/24/2021.
Renumbered from C.R.S. §
12-42.5-104
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-104 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-107 - Rules

(1)
The board shall make, adopt, amend, or repeal rules in accordance with article
4
of title
24
and section
12-20-204
that the board deems necessary for the proper administration and enforcement of the responsibilities and duties delegated to the board by this article 280, including those relating to nuclear pharmacies.
(2)
On or before January 1, 2020, the board shall adopt or amend rules as necessary to permit the dispensing of an opiate antagonist in accordance with sections
12-30-110
and
12-280-123(3)
.
(3)
The board may adopt rules to specify additional criteria necessary to facilitate the operation of telepharmacy outlets. The board's additional rules for a telepharmacy outlet are limited to rules concerning the following:
(a)
Application requirements;
(b)
Structural and equipment requirements;
(c)
Staffing and training requirements;
(d)
Pharmacist manager visitation requirements;
(e)
Inventory record-keeping and storage requirements;
(f)
Establishing policies and procedures relating to telepharmacy operations; and
(g)
The number of telepharmacy outlets that may be operated by a central pharmacy.
Amended by 2022 Ch. 484,§2, eff. 8/10/2022.
Amended by 2019 Ch. 273,§15, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-105
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2019 Ch. 273,§4, eff. 5/23/2019.
Amended by 2015 Ch. 78,§5, eff. 4/3/2015.
Amended by 2013 Ch. 178,§8, eff. 5/10/2013.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1542, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-014), ch. 178, p. 660, § 8, effective May 10. L. 2015: (2) amended, (SB 15-053), ch. 78, p. 212, § 5, effective April 3.
(1) This section is similar to former § 12-42.5-105 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019.
2022 Ch. 484, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-109 - Drugs, devices, and other materials

(1)
The board is responsible for the control and regulation of drugs, including the following:
(a)
The regulation of the sale at retail and the dispensing of drugs;
(b)
The specification of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of medications and drugs;
(c)
The control of the purity and quality of drugs.
(2)
The board is responsible for the control and regulation of the sale of devices at retail; except that the board shall not regulate the sale of any disposable veterinary device. The board may also exempt from regulation veterinary devices:
(a)
That are regulated by the FDA; or
(b)
For which the board determines regulation is unnecessary.
Renumbered from C.R.S. §
12-42.5-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 295,§ 2, eff. 7/1/2016.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1545, § 1, effective July 1. L. 2016: (2) amended, (SB 16-062), ch. 295, p. 1202, § 2, effective July 1.
This section is similar to former § 12-42.5-107 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-110 - Publications

The board shall issue its publications that are circulated in quantity outside the executive branch in accordance with section
24-1-136
. The board shall circulate its publications to all registered prescription drug outlets that will be directly affected by the publications.
Renumbered from C.R.S. §
12-42.5-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-108 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-111 - Malpractice claims information - not public - exception

Information relating to each malpractice claim provided by insurance companies or self-insured pharmacists or pharmacies pursuant to section
10-1-125.3
is exempt from the provisions of any law requiring that the proceedings of the board be conducted publicly or that the minutes or records of the board be open to public inspection unless the board takes final disciplinary action. The board may use the information in any formal hearing involving a licensee or registrant.
Amended by 2021 Ch. 314, § 7, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-109
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-109 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-113 - Approval of schools

(1)
A school or college of pharmacy that is approved by the board as a school or college of pharmacy from which graduation is required in order for the graduate of the school or college of pharmacy to apply for a license as a pharmacist must meet the requirements set forth by the board.
(2)
The board may utilize the facilities, reports, requirements, and recommendations of any recognized accrediting organization in determining the requirements for a school or college of pharmacy.
(3)
The board shall maintain a list of approved schools or colleges.
Renumbered from C.R.S. §
12-42.5-111
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-111 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-115 - Exemptions from licensure - hospital residency programs - home renal dialysis - research companies

(1)
The board is authorized to approve hospital residency programs in the practice of pharmacy. Persons accepted into an approved hospital residency program who are licensed to practice pharmacy in another state are exempt from the licensing requirements of this article 280 so long as their practice is limited to participation in the residency program.
(2)
This article 280 does not apply to the sale or delivery of a dialysis solution if all of the following conditions are met:
(a)
The sale or delivery is made directly by the manufacturer to a person with chronic kidney failure or to the designee of the person;
(b)
The sale or delivery is for the purpose of self-administration by the person pursuant to an order by a physician lawfully practicing in this state; and
(c)
The solution is sold or delivered in original packages, properly labeled, and unadulterated in accordance with the requirements of the "Colorado Food and Drug Act", part 4 of article
5
of title
25
, and the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 301
et seq., as amended.
(3)
A manufacturer that must obtain a prescription drug or device solely for use in its research, development, or testing procedures and that does not further distribute the drug or device may apply to the board for a waiver of registration pursuant to this subsection (3). The board may grant a waiver if the manufacturer submits to the board the name of the drug or device it requires and an affidavit certifying that the drug or device will only be used for necessary research, development, or testing procedures and will not be further distributed. A waiver granted pursuant to this subsection (3) does not apply to a controlled substance, as defined in section
18-18-102(5)
, or in federal law.
(4)
An employee of a facility, as defined in section
25-1.5-301
, who is administering and monitoring medications to persons under the care or jurisdiction of the facility pursuant to part 3 of article
1.5
of title
25
need not be licensed by the board to lawfully possess controlled substances under this article 280.
Renumbered from C.R.S. §
12-42.5-113
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-113 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-116 - Expiration and renewal of licenses, certifications, or registrations

(1)
All licenses, certifications, and registrations issued pursuant to this article 280, except provisional certifications issued pursuant to section
12-280-115.5(3)
, are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
. Any person whose license, certification, or registration expires is subject to the penalties provided in this article 280 or section
12-20-202(1)
.
(2)
A pharmacist who fails to renew his or her license or a pharmacy technician who fails to renew his or her certification issued pursuant to section
12-280-115.5(2)
on or before the applicable renewal time may have the license or certification, as applicable, reinstated in accordance with section
12-20-202(2)
for the remainder of the current renewal period by filing a proper application, satisfying the board that the pharmacist or pharmacy technician, as applicable, is fully qualified to practice, and paying the reinstatement fee as provided in section
12-280-112(1)(e) and (1)(t)
and all delinquent fees.
(3)
Except for good cause shown, the board shall not grant a license to a pharmacy intern more than two years after the applicant has ceased to be an enrolled student in a college or school of pharmacy approved by the board.
(4)
On and after July 1, 2023, as a condition of renewal of a license, each pharmacist shall attest that the pharmacist is in compliance with section
12-280-403(2)(a)
and that the pharmacist is aware of the penalties for noncompliance with that section.
Amended by 2022 Ch. 397,§6, eff. 8/10/2022.
Amended by 2019 Ch. 434,§7, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-114
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-42.5-114 as it existed prior to 2019.
2022 Ch. 397, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-117.5 - Continuing education for pharmacy technicians - exceptions - inactive status

(1)
The board shall not renew, reinstate, or reactivate the certification of a pharmacy technician that was issued pursuant to section
12-280-115.5(2)
until the pharmacy technician presents evidence that the pharmacy technician maintains active certification with a certifying organization. Subject to subsection (2) of this section, the evidence may be provided by an attestation on the certification renewal application.
(2)
The board may annually audit up to five percent of the pharmacy technicians certified and residing in Colorado to determine compliance with this section.
(3)
If a pharmacy technician fails to complete the continuing education and renewal requirements of, and maintain active certification with, a certifying organization, the pharmacy technician's state certification becomes inactive. An inactive certificant is not required to comply with any continuing pharmacy technician education requirement so long as the certificant remains inactive, but the certificant must continue to pay applicable fees, including renewal fees. The board shall note "inactive status" on the face of any certification it issues to a certificant while the certificant remains inactive. Before an inactive pharmacy technician resumes practice as a pharmacy technician after being placed on an inactive list, the pharmacy technician must file an application to activate the certification, pay the certification renewal fee, and meet the continuing education requirements of this section. If a pharmacy technician engages in practice as a pharmacy technician while on inactive status, that conduct is grounds for certification revocation under this article 280.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) Section 35 of chapter 434 (HB 19-1242), Session Laws of Colorado 2019, provides that the act adding this section:
(a) Applies to the practice as a pharmacy technician on or after March 30, 2020; and
(b) Takes effect October 1, 2019, only if HB 19-1172 becomes law. HB 19-1172 became law and took effect October 1, 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-122 - Limited authority to delegate activities constituting practice of pharmacy to pharmacy interns or pharmacy technicians

(1)
A pharmacist may supervise up to six persons who are either pharmacy interns or pharmacy technicians, of whom no more than two may be pharmacy interns. If three or more pharmacy technicians are on duty, the majority must be fully certified by the board in accordance with section
12-280-115.5 (2)
, and any pharmacy technician on duty who is not certified pursuant to section
12-280-115.5 (2)
must have a provisional certification issued pursuant to section
12-280-115.5 (3)
.
(2)
The pharmacy shall retain documentation verifying the training for review by the pharmacist responsible for the final check on prescriptions filled by the pharmacy technician and shall make the documentation available for inspection by the board.
(3)
The supervision ratio specified in subsection (1) of this section does not include other ancillary personnel who may be in the prescription drug outlet but who are not performing duties described in section
12-280-103 (39)(b)
that are delegated to the interns or duties described in section
12-280-103
(38.5)(a) that are delegated to the pharmacy technicians.
(4)
(a)
The provisions of subsection (1) of this section apply to a central fill pharmacy; except that a pharmacist may supervise up to eight persons who are either pharmacy interns or pharmacy technicians, of whom no more than two may be pharmacy interns.
(b)
As used in this subsection (4), "central fill pharmacy" means a pharmacy, other than a pharmacy located in a hospital licensed pursuant to section
25-1.5-103
, that is not a public-facing pharmacy and that only acts as an agent of an originating pharmacy to fill or refill a prescription.
Amended by 2023 Ch. 148,§ 3, eff. 8/7/2023.
Amended by 2019 Ch. 434, § 10, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-119
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2017 Ch. 186, § 1, eff. 8/9/2017.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1561, § 1, effective July 1. L. 2017: (1) amended, (SB 17-268), ch. 186, p. 678, § 1, effective August 9.
This section is similar to former § 12-42.5-119 as it existed prior to 2019.
2023 Ch. 148, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-124 - [Effective Until 8/7/2024] Labeling - rules

(1)
A prescription drug dispensed pursuant to an order must be labeled as follows:
(a)
Drugs compounded and dispensed pursuant to a chart order for a patient in a hospital must bear a label containing the name of the outlet, the name and location of the patient, the identification of the drug, and, when applicable, any suitable control numbers, the expiration date, any warnings, and any precautionary statements.
(b)
The symptom or purpose for which the drug is being prescribed must appear on the label, if, after being advised by the practitioner, the patient or the patient's authorized representative so requests. If the practitioner does not provide the symptom or purpose for which a drug is being prescribed, the pharmacist may fill the prescription order without contacting the practitioner, patient, or patient's representative.
(2)
Except as otherwise required by law, any drug dispensed pursuant to a prescription order must bear a label prepared and placed on or securely attached to the medicine container stating at least the name and address of the prescription drug outlet, the serial number and the date of the prescription or of its dispensing, the name of the drug dispensed unless otherwise requested by the practitioner, the name of the practitioner, the name of the patient, and, if stated in the prescription, the directions for use and cautionary statements, if any, contained in the prescription.
(3)
The board shall promulgate rules concerning the labeling requirements for a prescription drug that is dispensed to a patient for outpatient use and contains an opioid, except for an opioid prescribed for treatment of a substance use disorder or that is a partial opioid antagonist, which rules must include a warning to indicate risks such as overdose and addiction.
Amended by 2021 Ch. 314, § 13, eff. 9/1/2021.
Amended by 2019 Ch. 276, § 17, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-121
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2019 Ch. 276, § 4, eff. 5/23/2019.
(1) This section is similar to former § 12-42.5-121 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-228. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-228, chapter 276, Session Laws of Colorado 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-125.3 - Pharmacists' authority - minor prescription adaptions

(1)
Except as provided in subsection (3) of this section, a pharmacist who is acting in good faith and is using professional judgment and exercising reasonable care may make the following minor adaptions to an order if the pharmacist has the informed consent of the patient for whom the prescription was provided:
(a)
A change in the prescribed dosage form or directions for use of the prescription drug if the change achieves the intent of the prescribing practitioner;
(b)
A change in the prescribed quantity of the prescription drug if the prescribed quantity is not a package size commercially available from the manufacturer;
(c)
An extension of the quantity of a maintenance drug for the limited quantity necessary to achieve medication refill synchronization for the patient; and
(d)
Completion of missing information on the order if there is sufficient evidence to support the change.
(2)
A pharmacist who adapts an order in accordance with subsection (1) of this section shall document the adaption and the justification for the change in the patient's pharmacy record with the original prescription and shall notify the prescribing practitioner of the adaption.
(3)
A pharmacist shall not adapt an order if the prescribing practitioner has written "do not adapt" on the prescription or has otherwise communicated to the pharmacist that the prescription must not be adapted.
Added by 2021 Ch. 314,§ 15, eff. 9/1/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-125.5 - Pharmacists' authority to dispense chronic maintenance drugs - rules - liability

(1)
In accordance with board rules adopted under subsection (2) of this section, on and after January 1, 2020, a pharmacist may dispense an emergency supply of a chronic maintenance drug to a patient without a current, valid prescription if:
(a)
The pharmacist makes every reasonable attempt but is unable to obtain authorization to refill the prescription from the prescribing health-care provider or another health-care provider responsible for the patient's care;
(b)
(I)
The pharmacist has a record of a prescription at the pharmacy or has been presented proof of a recent prescription for the chronic maintenance drug in the name of the patient who is requesting the emergency supply; or
(II)
In the pharmacist's professional judgment, the refusal to dispense an emergency supply of the chronic maintenance drug will endanger the patient's health or disrupt essential drug therapy for a chronic condition of the patient;
(c)
The amount of the chronic maintenance drug dispensed does not exceed the amount of the most recent prescription or the standard quantity or unit of use package of the drug;
(d)
The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous twelve-month period; and
(e)
The prescriber of the drug has not indicated that no emergency refills are authorized.
(2)
The board shall adopt rules, in consultation with the Colorado medical board created in section
12-240-105
and the state board of nursing created in section
12-255-105
, to establish standard procedures for pharmacists to follow in dispensing chronic maintenance drugs pursuant to this section. The rules adopted under this subsection (2) must include documentation requirements for a pharmacist to complete when dispensing a chronic maintenance drug without a current prescription.
(3)
A pharmacist, the pharmacist's employer, and the original prescriber of the drug are not civilly liable for an act or omission in connection with the dispensing of a chronic maintenance drug pursuant to this section unless the act or omission constitutes negligence, recklessness, or willful or wanton misconduct.
Added by 2019 Ch. 40,§ 6, eff. 10/1/2019.
This section is similar to § 12-42.5-122.5 as added in HB 19-1077. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from March 21, 2019, to October 1, 2019, see HB 19-1077, chapter 40, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-128 - Judicial review

Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-125 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-130 - Unauthorized practice - penalties

(1)
Any person who practices or offers or attempts to practice pharmacy without an active license issued under this article 280 is subject to penalties pursuant to section
12-20-407(1)(a)
.
(2)
Any person who practices or offers or attempts to practice as a pharmacy technician without an active certification issued under this article 280 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Amended by 2019 Ch. 434,§ 14, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-127
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-127 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-131 - New drugs - when sales permissible

(1)
No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug not authorized to move in interstate commerce under appropriate federal law.
(2)
This section does not apply to a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs if the drug is plainly labeled to be for investigational use only.
Renumbered from C.R.S. §
12-42.5-128
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-128 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-132 - Advertising of prescription drug prices

A prescription drug outlet may advertise its prices for prescription drugs. If the drug is advertised by its brand or proprietary name, the prescription drug outlet shall also include its generic name in the advertisement.
Renumbered from C.R.S. §
12-42.5-129
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-129 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-133 - Nonresident prescription drug outlet - registration

(1)
Any prescription drug outlet located outside this state that ships, mails, or delivers, in any manner, drugs or devices into this state is a nonresident prescription drug outlet and shall register with the board and disclose to the board the following:
(a)
The location, names, and titles of all principal entity officers and all pharmacists who are dispensing drugs or devices to the residents of this state. The nonresident prescription drug outlet shall submit a report containing this information to the board on an annual basis and within thirty days after any change of office, officer, or pharmacist.
(b)
A verification that it complies with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is licensed as well as with all requests for information made by the board pursuant to this section. The nonresident prescription drug outlet shall maintain at all times a valid, unexpired license, permit, or registration to conduct the prescription drug outlet in compliance with the laws of the state in which it is a resident. As a prerequisite to registering with the board, the nonresident prescription drug outlet shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located.
(2)
The registration requirements of this section apply only to a nonresident prescription drug outlet that only ships, mails, or delivers, in any manner, drugs and devices into this state pursuant to a prescription order.
(3)
A nonresident prescription drug outlet doing business in this state that has not obtained a registration shall not conduct the business of selling or distributing drugs in this state without first registering as a nonresident prescription drug outlet. A nonresident prescription drug outlet shall make application for a nonresident prescription drug outlet registration on a form furnished by the board. The board may require the information it deems necessary to carry out the purpose of this section.
(4)
(a)
The board may deny, revoke, or suspend a nonresident prescription drug outlet registration for failure to comply with this section or with any rule promulgated by the board.
(b)
The board may deny, revoke, or suspend a nonresident prescription drug outlet registration if the nonresident prescription drug outlet's license or registration has been revoked or not renewed for noncompliance with the laws of the state in which it is a resident.
Renumbered from C.R.S. §
12-42.5-130
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-130 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-133.5 - Nonresident 503B outsourcing facility - registration - requirements - denial, revocation, or suspension - rules

(1)
A nonresident 503B outsourcing facility shall not conduct the business of distributing compounded prescription drugs in this state without first registering with the board as a nonresident 503B outsourcing facility. A nonresident 503B outsourcing facility shall apply for a nonresident 503B outsourcing facility registration on a form furnished by the board and shall submit the following to the board with the application:
(a)
Proof that the facility is actively registered with the FDA as a 503B outsourcing facility and is actively licensed, permitted, or registered in the state in which it is a resident;
(b)
The location, names, and titles of all principal entity officers and the name of the pharmacist in charge of the operations of the facility;
(c)
Verification that the facility complies with all lawful directions and requests for information from the FDA and from the regulatory or licensing agency of the state in which it is licensed, permitted, or registered, as well as with all requests for information made by the board pursuant to this section;
(d)
A copy of the most recent inspection report resulting from an inspection conducted by the FDA; and
(e)
Any other information the board deems necessary to carry out the purpose of this section.
(2)
A nonresident 503B outsourcing facility shall:
(a)
Maintain at all times a valid, unexpired license, permit, or registration to operate the 503B outsourcing facility in compliance with the laws of the state in which it is a resident; and
(b)
Comply with the requirements of the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 301
et seq., as amended, or the DQSA or with FDA regulations implementing either act.
(3)
The board may deny, revoke, or suspend a nonresident 503B outsourcing facility registration if:
(a)
The facility fails to comply with this section or with any rule promulgated by the board;
(b)
The FDA has revoked or refused to renew the nonresident 503B outsourcing facility's FDA registration for failing to comply with the requirements of the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 301
et seq., as amended, the DQSA, or FDA regulations implementing either act or the facility's FDA registration has expired or is no longer active; or
(c)
The state in which the nonresident 503B outsourcing facility resides has revoked or refused to renew the facility's license, permit, or registration for failing to comply with the laws of that state or the facility's license, permit, or registration in another state has expired or is no longer active.
(4)
The board may adopt rules as necessary to implement this section.
Added by 2021 Ch. 314,§ 18, eff. 9/1/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-133.7 - Third-party logistics providers - registration - denial, revocation, or suspension - rules

(1)
A third-party logistics provider shall not conduct business in this state without first registering with the board as a third-party logistics provider. A third-party logistics provider shall apply for a registration on a form furnished by the board and shall submit the information required pursuant to rules adopted by the board. The board shall specify, by rule, the information a third-party logistics provider must submit with its application for a registration.
(2)
A third-party logistics provider shall comply with all lawful directions and requests for information from the FDA, the regulatory or licensing agency of the state in which it is licensed, permitted, or registered, and the board.
(3)
The board may deny, revoke, or suspend a third-party logistics provider registration if:
(a)
The third-party logistics provider fails to comply with this section or with any rule promulgated by the board;
(b)
The FDA has revoked or refused to renew the third-party logistics provider's FDA registration for failing to comply with the requirements of the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 301
et seq., as amended, or the DQSA or with FDA regulations implementing either act; or
(c)
The state in which the third-party logistics provider resides has revoked or refused to renew the provider's license, permit, or registration for failing to comply with the laws of that state.
(4)
The board may adopt rules as necessary to implement this section.
Added by 2021 Ch. 314,§ 18, eff. 9/1/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-136 - Confidential agreement to limit practice

(1)
Except as specified in subsection (2) of this section, section
12-30-108
concerning confidential agreements to limit practice applies to this article 280.
(2)
This section and section
12-30-108
do not apply to a pharmacist, pharmacy technician, or intern subject to discipline for prohibited activities as described in section
12-280-126(1)(e)
.
Amended by 2019 Ch. 434,§ 15, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-134
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 83, eff. 5/25/2017.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1576, § 1, effective July 1. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1285, § 83, effective May 25.
This section is similar to former § 12-42.5-134 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-137 - Investigations of suspicious drugs

All prescription drug outlets, manufacturers, repackagers, and wholesalers shall investigate any suspect product, as defined in the DQSA and any federal regulations implementing the DQSA, and shall use documentation and reporting procedures relating to the investigation in accordance with the DQSA and any federal regulations implementing the DQSA.
Added by 2021 Ch. 314,§ 20, eff. 9/1/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-138 - Patient counseling - pharmacists required to perform - patient may decline - rules

(1)
(a)
Except in the circumstances described in subsection (2) of this section, a pharmacist shall provide patient counseling on new medication therapy and, based on the pharmacist's professional judgment and due diligence, may provide patient counseling for any other prescription. If the pharmacist is unable to provide patient counseling orally due to language barriers, the pharmacist may use alternate means to provide the patient counseling.
(b)
(I)
Except as provided in subsection (1)(b)(II) of this section, all in-state pharmacies must ensure that their pharmacists provide patient counseling in accordance with this section.
(II)
This subsection (1)(b) does not apply to an other outlet.
(2)
A patient may decline patient counseling offered by a pharmacist. A pharmacist shall document, in the form and manner specified in board rules, when a patient declines patient counseling.
(3)
The board shall adopt rules specifying:
(a)
The alternate means by which pharmacists may provide patient counseling when language barriers preclude providing patient counseling orally; and
(b)
The form and manner for pharmacists to document when a patient declines counseling, which rules must specify a documentation process that is simple and allows the documentation to be completed electronically.
(4)
This section does not apply to pharmacists who dispense prescription drugs to persons in the custody of the department of corrections.
Added by 2021 Ch. 314,§ 20, eff. 9/1/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-143 - Automated cassette - prescription drugs

(1)
Under the supervision of a pharmacist, a pharmacy technician or pharmacy intern may replenish medication in a cassette device used for the automatic packaging of medication.
(2)
(a)
A prescription drug that has been dispensed by an automated cassette device may be returned to the cassette device for redispensing as long as the integrity of the medication has not been altered, bar code scanning technology is used for returning the drug, qualifications for returning the drug are maintained, and the expiration date of the drug has not passed. A pharmacy technician may carry out the process of redispensing the drug issued in accordance with rules established by the board.
(b)
A prescription drug that is dispensed but not delivered to a patient may be returned to stock and redispensed as long as it is stored in the container in which it was dispensed and maintains a label that accurately identifies its contents with respect to the original prescription label.
Added by 2024 Ch. 456,§ 3, eff. 7/1/2024, app. to prescription drugs dispensed on or after 7/1/2024.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 2 - PHARMACY PEER HEALTH ASSISTANCE PROGRAM (§§ 12-280-201 — 12-280-206) › Section 12-280-201 - Legislative declaration

(1)
The general assembly finds, determines, and declares that the creation of a pharmacy peer health assistance program for those persons subject to the jurisdiction of the board will serve to safeguard the life, health, property, and public welfare of the people of this state. A pharmacy peer health assistance program will help practitioners experiencing impaired practice due to psychiatric, psychological, or emotional problems; excessive alcohol or drug use; or alcohol or substance use disorders. The general assembly further declares that a pharmacy peer health assistance program will protect the privacy and welfare of those persons who provide services and at the same time assist the board in carrying out its duties and responsibilities to ensure that only qualified persons are allowed to engage in providing those services that are under the jurisdiction of the board.
(2)
It is the intent of the general assembly that the pharmacy peer health assistance program and its related procedures be utilized by the board in conjunction with, or as an alternative to, the use of disciplinary proceedings by the board, which proceedings are by their nature time-consuming and costly to the people of this state. The pharmacy peer health assistance program is hereby established to alleviate the need for disciplinary proceedings, while at the same time providing safeguards that protect the public health, safety, and welfare. The general assembly further declares that it intends that the board will act to implement the provisions of this article 280.
Amended by 2021 Ch. 314,§ 21, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-201
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2018 Ch. 35,§ 5, eff. 8/8/2018.
This section is similar to former § 12-42.5-201 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 2 - PHARMACY PEER HEALTH ASSISTANCE PROGRAM (§§ 12-280-201 — 12-280-206) › Section 12-280-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Impaired practice" means a licensee's inability to meet the requirements of the laws of this state and the rules of the board governing his or her practice when the licensee's cognitive, interpersonal, or psychomotor skills are affected by psychiatric, psychological, or emotional problems; excessive alcohol or drug use; or alcohol or substance use disorders.
(2)
"Peer health assistance organization" means an organization that provides a formal, structured program that meets the requirements specified in this part 2 and is administered by appropriate professionals for the purpose of assisting licensees experiencing impaired practice to obtain evaluation, treatment, short-term counseling, monitoring of progress, and ongoing support for the purpose of arresting and treating the licensee's psychiatric, psychological, or emotional problems; excessive alcohol or drug use; or alcohol or substance use disorders.
Renumbered from C.R.S. §
12-42.5-202
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2018 Ch. 35,§ 6, eff. 8/8/2018.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1577, § 1, effective July 1. L. 2018: (1) and (3) amended, (SB 18-091), ch. 35, p. 381, § 6, effective August 8.
This section is similar to former § 12-42.5-202 as it existed prior to 2019.