Colorado Pharm Law

8/04/23

Colorado Pharmacy Law

eScribe Mandate
Title 12
Article 30
Provisions Applicable to Health Care Professions and Occupations

Colorado State Board Home Page

Policies
Rules
Practice Act and Laws

My Notes from the Pharmacy Policies

Policy 10-1
I.) Significant dispensing errors discovered by the Board’s inspectors during the normal course of routine pharmacy inspections. The significance of such errors will be determined on a case- by-case basis by the Program Director. In determining the significance of such errors, the Program Director will consider the following factors:
wrong drug;
wrong strength;
wrong patient;
substantially wrong directions for use.

Policy 10-9 Complaints Involving Board of Pharmacy Members

1. The complaint will be sent to the Office of Investigations (OI) within the Division of Professions and Occupations for a formal investigation.

2. If the complaint alleges a violation made by an employee of the Office of Investigations, the complaint will be directed to the Deputy Director of Legal Affairs for determination of next steps.

3. If the complaint alleges substandard practice, the Office of Investigations will have the case reviewed by an independent consultant selected by the Director of the Office of Investigations.

Upon completion of the investigation and/or evaluation, the report will be referred to the Board or Program for appropriate action.

Complaint against a current licensee, registrant, or certificate holder who is a member of the Board or advisory committee, has served on the Board or advisory committee within the past five years, or a licensee who has an ongoing formal relationship with the Board (e.g., consultant), or who is currently employed by the Department of Regulatory Agencies will be processed in the same manner as all other complaints. Board Members and committee members involved in the complaint should recuse themselves and leave the room during any discussions. The Program Director shall remain neutral during the discussions and ensure they find a replacement for themselves in the event they need to leave the room during discussion.
Policy 30-1

2) The orders must be electronically imaged into the system as soon as received and prior to dispensing.
6) The pharmacy is following its posted method of recording the identities of pharmacists conducting the initial interpretation of orders and corresponding refills as well as the final evaluation of corresponding prescriptions and refills.
8) Order information for individual orders must be printable upon request.
12) All electronically transmitted prescription orders shall be electronically available and legible for at least two years from the date of latest transaction related to the order.

Policy 40-1

POLICY : The Colorado State Board of Pharmacy realizes there is conflict between the Drug Enforcement Administration’s (DEA’s) policy and rule on what a pharmacist may change on a Schedule II order after contacting the prescribing practitioner. The DEA has advised pharmacists to adhere to state regulations and policy on this issue until it resolves the issue. The Colorado State Board of Pharmacy’s position is that the following items may be changed on a Schedule II Controlled Substance order after the pharmacist consults orally with the prescribing practitioner:
Pharmacist is allowed to change the scrip, after talking to the doctor:
dosage
drug strength
quantity
directions for use
issue date of the order

Noticably absent from the list is the spelling of the patient name, and the patient address.

Colorado Label Law

12-280-124. 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.
(v) 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.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1469, § 1, effective October 1; (3) added, (SB 19-228), ch. 276, p. 2610, § 17, effective October 1. L. 2021: (1)(b) amended, (SB 21-094), ch. 314, p. 1933, § 13, effective September 1.

Editor’s note:
(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.

Philip G Rice
11268 E Linvale Dr
Aurora, CO 80014

(970) 235-0470
phil.rice@mkgappraisal.com

my old notes files:
C:\Temp\pharm_rules dear_gov_pharm.txt
C:\Temp\pharm_rules notes2.txt

-- End of Letter --

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