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 2 - PHARMACY PEER HEALTH ASSISTANCE PROGRAM (§§ 12-280-201 — 12-280-206) › Section 12-280-204 - Eligibility - participants

(1)
Any licensee may apply to the board for participation in a qualified peer health assistance program.
(2)
In order to be eligible for participation, a licensee shall:
(a)
Acknowledge the existence or the potential existence of a psychiatric, psychological, or emotional problem; excessive alcohol or drug use; or a substance use disorder, as defined in section
27-81-102
;
(b)
After a full explanation of the operation and requirements of the peer health assistance program, agree to voluntarily participate in the program and agree in writing to participate in the program of the peer health assistance organization designated by the board.
(3)
Notwithstanding the provisions of this section, the board may summarily suspend the license of any licensee who is referred to a peer health assistance program by the board and who fails to attend or to complete the program. If the board summarily suspends the license, the board shall schedule a hearing on the suspension, which shall be conducted in accordance with section
24-4-105
.
Amended by 2021 Ch. 314,§ 23, eff. 9/1/2021.
Amended by 2020 Ch. 286,§ 38, eff. 7/13/2020.
Renumbered from C.R.S. §
12-42.5-204
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 85, eff. 5/25/2017.
This section is similar to former § 12-42.5-204 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 12-280-205 - Liability

Nothing in this part 2 creates any liability of the board, members of the board, or the state of Colorado for the actions of the board in making awards to pharmacy peer health assistance organizations or in designating licensees to participate in the programs of pharmacy peer health assistance organizations. No civil action may be brought or maintained against the board, its members, or the state for an injury alleged to have been the result of an act or omission of a licensee participating in or referred to a state-funded program provided by a pharmacy peer health assistance organization. However, the state remains liable under the "Colorado Governmental Immunity Act", article
10
of title
24
, if an injury alleged to have been the result of an act or omission of a licensee participating in or referred to a state-funded peer health assistance program occurred while the licensee was performing duties as an employee of the state.
Amended by 2021 Ch. 314,§ 24, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-205
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-205 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 12-280-206 - Immunity

Any member of the board acting pursuant to this part 2 is immune from suit in any civil action under the same conditions for immunity as specified in section
12-20-402(1)
.
Renumbered from C.R.S. §
12-42.5-206
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-206 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-301 - Definitions

As used in this part 3, unless the context otherwise requires:
(1)
Repealed.
(2)
"Board-registered outlet" means a prescription drug outlet, an other outlet, a nonresident prescription drug outlet, a wholesaler, or a manufacturer.
(3)
"Designated representative" means a person authorized by a registered wholesaler to act as a representative for the wholesaler.
(4)
Repealed.
(5)
"Facility" means a facility of a wholesaler where prescription drugs are stored, handled, repackaged, or offered for sale.
(6)
Repealed.
(7)
"Pedigree" means a document or electronic file containing information that records each distribution of any given prescription drug in accordance with the DQSA and any federal regulations implementing the DQSA.
(7.5)
"Prescription drug" has the same meaning as set forth in section
12-280-103(42)
; except that "prescription drug" excludes any drug specifically exempted under the DQSA and any federal regulations implementing the DQSA.
(8)
Repealed.
Amended by 2021 Ch. 314,§ 25, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-301
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-301 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-302 - [Repealed]

Repealed by 2021 Ch. 314,§26, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-302
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
This section was similar to former § 12-42.5-302 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-304 - Record check

(1)
Prior to submission of an application, each designated representative must have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The designated representative shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation.
(2)
When the results of a fingerprint-based criminal history record check of a designated representative performed pursuant to this section reveal a record of arrest without a disposition, the board shall require that designated representative to submit to a name-based judicial record check, as defined in section
22-2-119.3(6)(d)
. The designated representative shall pay the actual costs of the name-based judicial record check.
Amended by 2022 Ch. 114,§16, eff. 4/21/2022.
Amended by 2019 Ch. 125,§76, eff. 1/1/2019.
Renumbered from C.R.S. §
12-42.5-304
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2019 Ch. 125,§9, eff. 4/18/2019.
Amended by 2017 Ch. 149,§3, eff. 8/9/2017.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1587, § 1, effective July 1. L. 2017: Entire section amended, (SB 17-189), ch. 149, p. 498, § 3, effective August 9.
(1) This section is similar to former § 12-42.5-304 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166. 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 April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-305 - Restrictions on transactions

(1)
Repealed.
(2)
A manufacturer or wholesaler shall furnish prescription drugs only to a board-registered outlet or practitioner authorized by law to prescribe the drugs. Before furnishing prescription drugs to a person or entity not known to the manufacturer or wholesaler, the manufacturer or wholesaler shall affirmatively verify that the person or entity is legally authorized to receive the prescription drugs by contacting the board.
(3)
A manufacturer or wholesaler may furnish prescription drugs to a hospital pharmacy receiving area if a pharmacist or authorized receiving agent signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug received. The pharmacist or authorized receiving agent shall report any discrepancy between the receipt and the type and quantity of the prescription drug actually received to the delivering manufacturer or wholesaler by the next business day after the delivery to the pharmacy receiving area.
(4)
Repealed.
Amended by 2021 Ch. 314,§ 28, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-305
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-305 as it existed prior to 2019.
For the "Prescription Drug Marketing Act of 1987", see Pub.L. 100-293.
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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-306 - Records - pedigree - compliance with DQSA

A wholesaler shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of prescription drugs. The records must include the pedigree for each wholesale distribution of a prescription drug as required pursuant to the DQSA and any federal regulations implementing the DQSA.
Amended by 2021 Ch. 314,§ 29, eff. 9/1/2021.
Renumbered from C.R.S. §
12-42.5-306
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-306 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-307 - Penalty

(1)
A person who engages in the wholesale distribution of prescription drugs in violation of this part 3 is subject to a penalty of up to fifty thousand dollars.
(2)
A person who knowingly engages in the wholesale distribution of prescription drugs in violation of this part 3 is subject to a penalty of up to five hundred thousand dollars.
Renumbered from C.R.S. §
12-42.5-307
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-307 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 3 - WHOLESALERS (§§ 12-280-301 — 12-280-308) › Section 12-280-308 - Manufacturer, agent, representative, or employee - drug cost information - required - definitions

(1)
A manufacturer, or a representative, agent, or employee of a manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, shall provide to a prescriber, in writing, the wholesale acquisition cost of a prescription drug when, in the course of conducting business, the manufacturer, representative, agent, or employee provides information concerning the drug to the prescriber.
(2)
(a)
When providing the information required by subsection (1) of this section, a manufacturer, or a representative, agent, or employee of a manufacturer, shall also disseminate the names of at least three generic prescription drugs from the same therapeutic class, or if three are not available, as many as are available for prescriptive use.
(b)
For the purposes of this section:
(I)
"Prescriber" means a health-care provider licensed pursuant to this title 12 who is authorized to prescribe controlled substances or prescription drugs.
(II)
"Prescription drug marketing" means any activity that does not include conversations at scientific conferences and that may include in-person meetings, physical mailings, telephonic conversations, video conferencing, electronic mailing or texting, or facsimile transmissions that provides educational or marketing information or materials regarding a prescription drug.
(III)
"Therapeutic class" means a group of similar drugs that have the same or similar mechanisms of action and are used to treat a specific condition.
Added by 2019 Ch. 185,§ 2, eff. 10/1/2019.
This section is similar to § 12-42.5-308 as added in HB 19-1131. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1131, chapter 185, 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-401 - Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
Prescription drug misuse occurs in this country to an extent that exceeds or rivals the abuse of illicit drugs;
(b)
Prescription drug misuse occurs at times due to the deception of the authorized practitioners where patients seek controlled substances for treatment and the practitioner is unaware of the patient's other medical providers and treatments;
(c)
Electronic monitoring of prescriptions for controlled substances provides a mechanism whereby practitioners can discover the extent of each patient's requests for drugs and whether other providers have prescribed similar substances during a similar period of time;
(d)
Electronic monitoring of prescriptions for controlled substances provides a mechanism for law enforcement officials and regulatory boards to efficiently investigate practitioner behavior that is potentially harmful to the public.
Renumbered from C.R.S. §
12-42.5-401
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 86, eff. 5/25/2017.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1590, § 1, effective July 1. L. 2017: (1)(a) and (1)(b) amended, (SB 17-242), ch. 263, p. 1286, § 86, effective May 25.
This section is similar to former § 12-42.5-401 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-402 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Controlled substance" means any schedule II, III, IV, or V drug as listed in sections
18-18-204
,
18-18-205
,
18-18-206
, and
18-18-207
.
(2)
"Drug abuse" or "abuse" means utilization of a controlled substance for nonmedical purposes or in a manner that does not meet generally accepted standards of medical practice.
(2.3)
"Hospital" means a hospital licensed or certified pursuant to section 25-1.5-103.
(2.5)
"Medical director" means a medical director or nurse medical director of a medical practice or hospital in this state who is a "prescriber" as defined in section 12-30-111 (4).
(3)
"Prescription drug outlet" or "pharmacy" means:
(a)
Any resident or nonresident pharmacy outlet registered or licensed pursuant to this article 280 where prescriptions are compounded and dispensed;
(b)
Any federally owned and operated pharmacy registered with the federal drug enforcement administration; and
(c)
A telepharmacy outlet.
(4)
"Program" means the electronic prescription drug monitoring program developed or procured by the board in accordance with section
12-280-403
.
Amended by 2024 Ch. 440,§ 2, eff. 6/6/2024.
Amended by 2022 Ch. 484, § 4, eff. 8/10/2022.
Renumbered from C.R.S. §
12-42.5-402
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2014 Ch. 239, § 1, eff. 5/21/2014.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1590, § 1, effective July 1. L. 2014: (1) and (4) amended and (1.5) added, (HB 14-1283), ch. 239, p. 882, § 1, effective May 21.
This section is similar to former § 12-42.5-402 as it existed prior to 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-405 - Prescription drug monitoring fund - creation - fee

(1)
The board may seek and accept money from any public or private entity for the purposes of implementing and maintaining the program. The board shall transmit any money it receives to the state treasurer, who shall credit the money to the prescription drug monitoring fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the sole purpose of implementing and maintaining the program. The money in the fund must not be transferred to or revert to the general fund at the end of any fiscal year.
(2)
Repealed.
(3)
If, based upon the appropriations for the direct and indirect costs of the program, there is insufficient money to maintain the program, the division may collect an annual fee of no more than seventeen dollars and fifty cents for the fiscal years 2011-12 and 2012-13, twenty dollars for the fiscal years 2013-14 and 2014-15, and twenty-five dollars for each fiscal year thereafter, from an individual who holds a license from the division that authorizes him or her to prescribe a controlled substance, as defined in section
18-18-102(5)
. The division shall set the fee pursuant to section
12-20-105
and shall collect the fee in conjunction with the license renewal fees collected pursuant to section
12-20-105
. Money collected pursuant to this subsection (3) is credited to the prescription drug monitoring fund created in subsection (1) of this section.
(4)
Notwithstanding subsection (1) of this section, on July 1, 2020, the state treasurer shall transfer two hundred sixty-seven thousand five hundred twenty-one dollars from the prescription drug monitoring fund created in subsection (1) of this section to the general fund.
Amended by 2021 Ch. 285,§ 3, eff. 7/1/2021.
Amended by 2020 Ch. 178,§ 7, eff. 6/29/2020.
Renumbered from C.R.S. §
12-42.5-405
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-405 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-406 - Violations - penalties

A person who knowingly releases, obtains, or attempts to obtain information from the program in violation of this part 4 shall be punished by a civil fine of not less than one thousand dollars and not more than ten thousand dollars for each violation. Fines paid shall be deposited in the general fund in accordance with section
12-20-404(6)
.
Renumbered from C.R.S. §
12-42.5-406
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-406 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-407 - Prescription drug outlets - prescribers - responsibilities - liability

(1)
A prescription drug outlet shall submit information in the manner required by the board.
(2)
A practitioner who has, in good faith, written a prescription for a controlled substance to a patient is not liable for information submitted to the program. A practitioner, the designee of a practitioner or medical director, or prescription drug outlet that has, in good faith, submitted the required information to the program is not liable for participation in the program.
Amended by 2024 Ch. 440,§ 5, eff. 6/6/2024.
Renumbered from C.R.S. §
12-42.5-407
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-407 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-408 - Exemption - waiver

(1)
A hospital licensed or certified pursuant to section
25-1.5-103
, a prescription drug outlet located within the hospital that is dispensing a controlled substance for a chart order or dispensing less than or equal to a twenty-four-hour supply of a controlled substance, and an emergency medical service provider certified or licensed pursuant to section
25-3.5-203
are exempt from the reporting provisions of this part 4. A hospital prescription drug outlet licensed pursuant to section
12-280-114
shall comply with the provisions of this part 4 for controlled substances dispensed for outpatient care that have more than a twenty-four-hour supply.
(2)
A prescription drug outlet that does not report controlled substance data to the program due to a lack of electronic automation of the outlet's business may apply to the board for a waiver from the reporting requirements.
Amended by 2019 Ch. 396,§ 28, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-408
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 396,§ 6, eff. 5/31/2019.
(1) This section is similar to former § 12-42.5-408 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-242. 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 31, 2019, to October 1, 2019, see SB 19-242, chapter 396, 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-409 - Examination and analysis of prescription drug monitoring program - recommendations to executive director

(1)
The executive director shall create a prescription drug monitoring program task force or consult with and request assistance from the Colorado team assembled by the governor's office to develop a strategic plan to reduce prescription drug misuse, or its successor group, in order to:
(a)
Examine issues, opportunities, and weaknesses of the program, including how personal information is secured in the program and whether inclusion of personal identifying information in the program and access to that information is necessary;
(b)
Make recommendations to the executive director on ways to make the program a more effective tool for practitioners and pharmacists in order to reduce prescription drug misuse in this state; and
(c)
Evaluate and make recommendations to the executive director, after engaging in a stakeholder process, regarding balancing the program as a health-care tool with the enforcement of this article 280.
(2)
If the executive director convenes a task force or obtains assistance from the Colorado team, the applicable group shall submit annual reports to the executive director and the general assembly detailing its findings and recommendations. Notwithstanding section
24-1-136(11)
, the requirement in this section to report to the general assembly continues indefinitely.
(3)
If the executive director convenes a task force, the members of the task force serve on a voluntary basis and are not entitled to compensation or expense reimbursement.
Amended by 2022 Ch. 265,§3, eff. 5/27/2022.
Renumbered from C.R.S. §
12-42.5-408.5
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§88, eff. 5/25/2017.
Added by 2014 Ch. 239,§4, eff. 5/21/2014.
L. 2014: Entire section added, (HB 14-1283), ch. 239, p. 885, § 4, effective May 21. L. 2017: IP(1) and (1)(b) amended, (SB 17-242), ch. 263, p. 1286, § 88, effective May 25.
This section is similar to former § 12-42.5-408.5 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 4 - ELECTRONIC MONITORING OF PRESCRIPTION DRUGS (§§ 12-280-401 — 12-280-410) › Section 12-280-410 - [Repealed]

Repealed by 2021 Ch. 285,§ 4, eff. 7/1/2021.
This section was similar to former § 12-42.5-409 as it existed prior to 2019.
Renumbered from C.R.S. §
12-42.5-409
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 2012: Entire article added with relocations, (HB 12-1311), ch. 281, p. 1594, § 1, effective July 1.
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 5 - THERAPEUTIC INTERCHANGE AND THERAPEUTICALLY EQUIVALENT SELECTIONS (§§ 12-280-501 — 12-280-502) › Section 12-280-501 - Written guidelines and procedures for making therapeutic interchange and therapeutically equivalent selections

(1)
If a nursing care facility or a long-term acute care hospital licensed under part 1 of article
3
of title
25
has a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is established in accordance with
42 CFR 483.75
, the quality assessment and assurance committee may establish a facility list with written guidelines and procedures for making therapeutic interchange and therapeutically equivalent selections from the list.
(2)
If a nursing care facility or a long-term acute care hospital licensed under part 1 of article
3
of title
25
does not have a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is established in accordance with
42 CFR 483.75
, the facility may form a committee to establish a facility list with written guidelines and procedures for making therapeutic interchange and therapeutically equivalent selections from the list.
Renumbered from C.R.S. §
12-42.5-501
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2015 Ch. 289,§ 2, eff. 6/5/2015.
This section is similar to former § 12-42.5-501 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 5 - THERAPEUTIC INTERCHANGE AND THERAPEUTICALLY EQUIVALENT SELECTIONS (§§ 12-280-501 — 12-280-502) › Section 12-280-502 - Therapeutic interchange and therapeutically equivalent selections for nursing care facility or long-term acute care hospital patients - rules

(1)
A pharmacy used by a nursing care facility or a long-term acute care hospital licensed under part 1 of article
3
of title
25
may make a therapeutic interchange or a therapeutically equivalent selection for a patient if, during the patient's stay at the facility, the selection has been approved for the patient:
(a)
In accordance with written guidelines and procedures for making therapeutic interchange or therapeutically equivalent selections, as maintained in a current and readily available manner at the dispensing prescription drug outlet and as developed by a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is formed by the facility in accordance with
42 CFR 483.75
; and
(b)
By one of the following health-care providers:
(I)
A physician licensed under article
240
of this title 12;
(II)
A physician assistant licensed under section
12-240-113
; or
(III)
An advanced practice registered nurse prescriber licensed as a professional nurse under section
12-255-110
, registered as an advanced practice registered nurse under section
12-255-111
, and authorized to prescribe controlled substances or prescription drugs pursuant to section
12-255-112
.
(2)
The board may adopt rules as necessary to implement this part 5.
Amended by 2023 Ch. 114,§ 7, eff. 8/7/2023.
Amended by 2020 Ch. 190, § 31, eff. 7/1/2020.
Renumbered from C.R.S. §
12-42.5-502
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Added by 2015 Ch. 289, § 2, eff. 6/5/2015.
L. 2015: Entire part added, (SB 15-192), ch. 289, p. 1185, § 2, effective June 5.
This section is similar to former § 12-42.5-502 as it existed prior to 2019.
2023 Ch. 114, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.
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 6 - COLLABORATIVE PHARMACY PRACTICE (§§ 12-280-601 — 12-280-604) › Section 12-280-601 - Definitions

As used in this part 6:
(1)
(a)
"Collaborative pharmacy practice agreement" means a written and signed agreement entered into voluntarily between one or more pharmacists licensed pursuant to this article 280 and one or more physicians or advanced practice registered nurses licensed in this state, which statement grants authority to the pharmacist or pharmacists to provide evidence-based health-care services to one or more patients pursuant to a specific treatment protocol delegated to a pharmacist or pharmacists by the physician or advanced practice registered nurse.
(b)
A "collaborative pharmacy practice agreement" may also mean a statewide drug therapy protocol developed by the board, the Colorado medical board, and the state board of nursing in collaboration with the department of public health and environment for public health-care services.
Renumbered from C.R.S. §
12-42.5-601
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 239,§ 2, eff. 8/10/2016.
This section is similar to former § 12-42.5-601 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 6 - COLLABORATIVE PHARMACY PRACTICE (§§ 12-280-601 — 12-280-604) › Section 12-280-602 - Collaborative pharmacy practice agreements - pharmacist requirements

(1)
A pharmacist may enter into a collaborative pharmacy practice agreement with one or more physicians if:
(a)
The pharmacist:
(I)
Holds a current license to practice in Colorado;
(II)
Is engaged in the practice of pharmacy;
(III)
Has earned a doctorate of pharmacy degree or completed at least five years of experience as a licensed pharmacist;
(IV)
Carries adequate professional liability insurance as determined by the board; and
(V)
Agrees to devote a portion of his or her practice to collaborative pharmacy practice; and
(b)
There is a process in place for the physician or advanced practice registered nurse and the pharmacist to communicate and document changes to the patient's medical record.
(2)
Unless a statewide protocol is in place, a pharmacist may not enter into a collaborative pharmacy practice agreement with a physician or advanced practice registered nurse if the physician or advanced practice registered nurse does not have an established relationship with the patient or patients who will be served by the pharmacist under the collaborative pharmacy practice agreement.
(3)
For a pharmacist to provide health-care services under a statewide protocol, a process must be in place for the pharmacist to communicate with a patient's primary care provider and document changes to the patient's medical record. If the patient does not have a primary care provider, or is unable to provide contact information for his or her primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult an appropriate health-care professional of the patient's choice.
(4)
A collaborative practice agreement between a physician and a pharmacist, as permitted by this article 280, does not change the employment status of any party to the agreement, does not create an employer-employee relationship under any circumstance, and may not be used to confer upon or deny to any person the status of a public employee as described in the "Colorado Governmental Immunity Act", article
10
of title
24
.
(5)
A pharmacist or pharmacy shall not employ a physician or advanced practice registered nurse for the sole purpose of forming a collaborative practice agreement.
Renumbered from C.R.S. §
12-42.5-602
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 239,§ 2, eff. 8/10/2016.
This section is similar to former § 12-42.5-602 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 6 - COLLABORATIVE PHARMACY PRACTICE (§§ 12-280-601 — 12-280-604) › Section 12-280-603 - Rules

The board, in conjunction with the Colorado medical board created in section
12-240-105
and the state board of nursing created in section
12-255-105
, shall promulgate rules to implement this part 6. The rules must include the health-care services and any statewide protocols that are authorized to be part of the collaborative pharmacy practice agreements.
Renumbered from C.R.S. §
12-42.5-603
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 239,§ 2, eff. 8/10/2016.
This section is similar to former § 12-42.5-603 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 6 - COLLABORATIVE PHARMACY PRACTICE (§§ 12-280-601 — 12-280-604) › Section 12-280-604 - [Effective 8/7/2024] Collaborative pharmacy practice agreement - statewide drug therapy protocol for medication-assisted treatment for opioid use disorder - rules - definition

(1)
As used in this section, "medication-assisted treatment" means a combination of medications and behavioral therapy, such as buprenorphine and all other medications and therapies approved by the federal food and drug administration, to treat opioid use disorder.
(2)
(a)
Pursuant to section 12-280-603, the board, in conjunction with the Colorado medical board created in section 12-240-105 and the state board of nursing created in section 12-255-105, shall promulgate rules no later than May 1, 2025, developing a statewide drug therapy protocol for pharmacists to prescribe, dispense, and administer only federal drug enforcement administration schedule III, IV, and V FDA-approved products as medication-assisted treatment for opioid use disorder.
(b)
In developing the statewide drug therapy protocol, the applicable boards shall consider requirements for training, including a program accredited by the Accreditation Council for Pharmacy Education, or its successor entity; patient notice and consent; provider referral criteria; lab screening and testing; monitoring; patient privacy; and patient follow-up care and counseling. The rules developed pursuant to subsection (2)(a) of this section must specify that any collaborating entities utilizing the protocol are clearly identified.
(3)
This section does not require a statewide drug therapy protocol or collaborative pharmacy practice agreement before a pharmacist may prescribe, dispense, or administer only federal drug enforcement administration schedule III, IV, and V FDA-approved products as medication-assisted treatment, if the prescribing, dispensing, or administering medication-assisted treatment is otherwise authorized under law.
Added by 2024 Ch. 470,§ 11, eff. 8/7/2024.
2024 Ch. 470, 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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-101 - Short title

The short title of this article 285 is the "Physical Therapy Practice Act".
Renumbered from C.R.S. §
12-41-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41-101 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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
The practice of physical therapy by any person who does not possess a valid license issued under this article 285 is inimical to the general public welfare. It is not, however, the intent of this article 285 to restrict the practice of any person duly licensed under other laws of this state from practicing within the person's scope of competency and authority under those laws.
(b)
Physical therapy practice consists of patient and client management, which includes physical therapy diagnosis and prognosis to optimize physical function, movement, performance, health, quality of life, and well-being across the life-span and also includes contributions to public health services aimed at improving the health of the population; and
(c)
The professional scope of physical therapy practice evolves in response to innovation, research, collaboration, and change in societal needs.
Renumbered from C.R.S. §
12-41-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 91: Entire article R&RE, p. 1644, § 1, effective July 1. L. 2001: (2) repealed, p. 1251, § 1, effective July 1. L. 2018: (1) amended, (HB 18-1155), ch. 315, p. 1898, § 4, effective September 1.
This section is similar to former § 12-41-102 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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 285.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-105 - State physical therapy board - created

(1)
(a)
The state physical therapy board is hereby created as the agency for regulation of the practice of physical therapy in this state and to carry out the purposes of this article 285. The board consists of: Four physical therapist members; one physical therapist assistant, unless a physical therapist assistant cannot be found, in which case the governor may appoint an additional physical therapist to the board; and two members from the public at large. Each member of the board is to be appointed by the governor for terms of four years. A member shall not serve more than two consecutive terms of four years. The governor shall give due consideration to having a geographic, political, urban, and rural balance among the board members.
(b)
The board is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the division. The division shall provide necessary management support to the board under section
12-20-103(2)
.
(2)
A person is qualified to be appointed to the board if the person:
(a)
Is a legal resident of Colorado; and
(b)
Is currently licensed in good standing, with no restrictions, as a physical therapist and actively engaged in the practice of physical therapy in this state for at least five years preceding his or her appointment, if fulfilling the position of physical therapist on the board.
(3)
Should a vacancy occur in any board membership before the expiration of the member's term, the governor shall fill the vacancy by appointment for the remainder of the term in the same manner as in the case of original appointments. A member of the board shall remain on the board until his or her successor has been appointed. A member may be removed by the governor for misconduct, incompetence, or neglect of duty.
Amended by 2022 Ch. 469,§136, eff. 8/10/2022.
Renumbered from C.R.S. §
12-41-103.3
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2018 Ch. 315,§6, eff. 9/1/2018.
L. 2011: Entire section added, (SB 11-169), ch. 172, p. 610, §6, effective July 1. L. 2018: (1)(a) amended, (HB 18-1155), ch. 315, p. 1899, § 6, effective September 1.
This section is similar to former § 12-41-103.3 as it existed prior to 2019.
2022 Ch. 469, 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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-107 - [Effective Until 8/7/2024] Use of titles restricted

A person licensed as a physical therapist may use the title "physical therapist" or the letters "P.T." or any other generally accepted terms, letters, or figures that indicate that the person is a physical therapist. No other person shall be so designated or shall use the terms "physical therapist", "licensed physical therapist", "physiotherapist", or "physical therapy technician", or the letters "P.T." or "L.P.T."
Renumbered from C.R.S. §
12-41-104
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-41-104 as it existed prior to 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 285 - PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS (§§ 12-285-101 — 12-285-220) › Part 1 - PHYSICAL THERAPISTS (§§ 12-285-101 — 12-285-132) › Section 12-285-107 - [Effective 8/7/2024] Use of titles restricted

(1)
A person licensed as a physical therapist may use the title "physical therapist" or the letters "P.T." or any other generally accepted terms, letters, or figures that indicate that the person is a physical therapist. No other person shall be so designated or shall use the terms "physical therapist", "licensed physical therapist", "physiotherapist", "doctor of physical therapy", "doctor of physiotherapy", or "physical therapy technician", or the letters "P.T.", "L.P.T.", "P.T.A.", "D.P.T.", "R.P.T.", or any letters, abbreviations, or insignia indicating or implying that the person is a physical therapist unless the person is licensed pursuant to this article 285.
(2)
A person enrolled as a student physical therapist in an educational program accredited by the Commission on Accreditation in Physical Therapy Education or a comparable organization, as determined by the board, may use the title "student physical therapist". No other person shall use the term "student physical therapist" or the letters "S.P.T." or any letters, abbreviations, or insignia indicating or implying that the person is a student physical therapist.
Amended by 2024 Ch. 421,§ 6, eff. 8/7/2024.
Renumbered from C.R.S. §
12-41-104
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-41-104 as it existed prior to 2019.
2024 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.