Colorado Regulations

Colorado State Regulatory Update April 2019

SECTION 3: 12-42.5-122.5. Pharmacists' authority to dispense chronic maintenance drugs

On or 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:

  • 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;
  • 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 in the pharmacist's professional judgement, 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;
  • 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;
  • The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous twelve-month period;
  • The prescriber of the drug has not indicated that no emergency refills are authorized.

What does this mean for pharmacists practicing in the state of Colorado?

  • Pharmacists may help a patient avoid an interruption in therapy with chronic maintenance drug by using their professional and clinical judgement in providing an emergency supply until their physician can be reached.

Colorado State Update Summary- July 2018

The following is a summary of newly passed pharmacy practice laws:

HB 1284 -Concerning the cost of prescription drugs purchased at a pharmacy.

Consumers have the right to know about options to reduce their pharmacy costs for prescription drugs, and pharmacists can provide such information to their patients.

HB 1313-The Allowance of a pharmacist to serve as a practitioner under certain circumstances.

A pharmacist may act as a "Practitioner", or a person authorized by law to prescribe any drug or device, acting within the scope of such authority, IF THEY ARE PARTICIPATING WITHIN THE PARAMETERS OF A STATEWIDE DRUG THERAPY PROTOCOL PURSUANT TO A COLLABORATIVE PHARMACY PRACTICE AGREEMENT AS DEFINED IN SECTION 12-42.5-601 (1)(b), OR PRESCRIBING OVER-THE-COUNTER MEDICATIONS PURSUANT TO SECTION 25.5-5-322.

HB 1187 -Concerning the lawful use of a prescription drug that contains Cannabidiol that is approved by the United States Food and drug Administration.

If the United States food and drug administration approves a prescription medicine that contains cannabidiol that is derived from marijuana, thereafter prescribing, dispensing, transporting, or possessing that prescription drug is legal in Colorado.

SB 129 -Concerning the nonsubstantive reorganization of the law exempting certain drugs and medical therapeutic devices.

The following goods are exempt from taxation:

  • Prescription medications;
  • Insulin per a prescription order;
  • Glucose products used for treatment of insulin reactions;
  • All urine and blood testing kits and materials;
  • All insulin measuring and injecting devices, including syringes;
  • Prosthetic devices;
  • Oxygen delivery devices and supplies dispensed via prescription order;
  • All medical, feeding, incontinence, infusion, enteral nutrition, ostomy, urology, diabetic, and wound care disposable supplies, dispensed per a prescription order;
  • All sleep, inhalation, and electrotherapy supplies pursuant to a prescription order;
  • All sales of corrective eyeglasses contact lenses, and hearing aids.

What do these new regulations mean for pharmacists practicing within the state of Colorado?

  • Pharmacists can now provide information to their patients around cost effective alternatives, including generic options and therapeutic interchanges, to promote adherence and improved health outcomes of their patients. Include this discussion as part of your patient counseling discussions.
  • CBD oil can be sold if it has been approved by the Food and Drug Administration (FDA).
  • Know what supplies and over the counter items are exempt from taxation in the state of Colorado and be sure that your POS systems are set up appropriately. Prescription orders are required for most to be considered non-taxable products. Educate pharmacy staff and patients about these requirements.

For more information, visit the Colorado Division of Public Licensing, or refer to the Colorado Opioid Guidelines.

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