Amendments for HB19-1077
House Journal, January 24
12 HB19-1077 be amended as follows, and as so amended, be referred to
13 the Committee of the Whole with favorable
16 Amend printed bill, page 3, after line 17, insert:
18 "SECTION 2. In Colorado Revised Statutes, 12-42.5-120,
19 amend (1) as follows:
21 12-42.5-120. Prescription required - exception - dispensing
22 opiate antagonists - definitions. (1) Except as provided in section
23 SECTIONS 18-18-414 C.R.S., AND 12-42.5-122.5, and subsections (2) and
24 (3) of this section, an order is required prior to dispensing any
25 prescription drug. Orders shall be readily retrievable within the
26 appropriate statute of limitations.".
28 Renumber succeeding sections accordingly.
30 Page 4, line 18, after "NO" insert "EMERGENCY".
House Journal, January 25
31 Amendment No. 1, Health & Insurance Report, dated January 23, 2019,
32 and placed in member's bill file; Report also printed in House Journal,
33 January 24, 2019.
35 Amendment No. 2, by Representative(s) Roberts.
37 Amend printed bill, page 5, strike lines 7 through 16 and substitute:
39 "SECTION 3. Safety clause. The general assembly hereby finds,
40 determines, and declares that this act is necessary for the immediate
41 preservation of the public peace, health, and safety.".
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
Senate Journal, February 21
After consideration on the merits, the Committee recommends that HB19-1077 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Amend reengrossed bill, page 2, line 11, strike "FEDERAL "FOOD," and
substitute ""FEDERAL FOOD,".
Page 4, line 21, strike "DISPENSED".
Page 5, after line 14 insert:
"SECTION 4. In Colorado Revised Statutes, 12-280-103, amend
as relocated by House Bill 19-1172 (39)(b)(III) and (39)(c)(II)(C); and
add (9.5) and (39)(d) as follows:
12-280-103. Definitions - rules. As used in this article 280,
unless the context otherwise requires or the term is otherwise defined in
another part of this article 280:
(9.5) "CHRONIC MAINTENANCE DRUG" MEANS A DRUG THAT:
(a) IS NOT AN OPIOID OR IS NOT A CONTROLLED SUBSTANCE THAT
IS PROHIBITED FROM BEING DISPENSED WITHOUT A PRESCRIPTION UNDER
THE "FEDERAL FOOD, DRUG, AND COSMETIC ACT", 21 U.S.C. SEC. 301 ET
SEQ., AS AMENDED; AND
(b) IS PRESCRIBED TO A PATIENT TO TAKE ON A RECURRING BASIS
OR IS USED AS A LIFE-SAVING RESCUE DRUG FOR A CHRONIC CONDITION.
(39) "Practice of pharmacy" means:
(b) (III) The maintenance of proper records for the drugs and
(c) The provision of a therapeutic interchange selection or a
therapeutically equivalent selection to a patient if, during the patient's
stay at a nursing care facility or a long-term acute care hospital licensed
under part 1 of article 3 of title 25, the selection has been approved for
(II) By one of the following health care providers:
(C) An advanced practice nurse prescriber licensed as a
professional nurse under section 12-255-110, registered as an advanced
practice nurse under section 12-255-111, and authorized to prescribe
controlled substances or prescription drugs pursuant to section
12-255-112, if the advanced practice nurse prescriber has developed an
articulated plan to maintain ongoing collaboration with physicians and
other health care professionals; AND
(d) THE DISPENSING OF CHRONIC MAINTENANCE DRUGS PURSUANT
TO SECTION 12-280-125.5 AND BOARD RULES ADOPTED IN ACCORDANCE
WITH THAT SECTION.
SECTION 5. In Colorado Revised Statutes, 12-280-123, amend
as relocated by House Bill 19-1172 (1) as follows:
12-280-123. Prescription required - exception - dispensing
opiate antagonists. (1) Except as provided in section SECTIONS
18-18-414 AND 12-280-125.5 and subsections (2) and (3) of this section,
an order is required prior to dispensing any prescription drug. Orders
shall be readily retrievable within the appropriate statute of limitations.
SECTION 6. In Colorado Revised Statutes, add to article 280
as relocated by House Bill 19-1172 12-280-125.5 as follows:
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
(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
(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
SECTION 7. Effective date. This act takes effect upon passage;
except that sections 4, 5, and 6 of this act take effect only if House Bill
19-1172 becomes law, in which case sections 4, 5, and 6 take effect on
October 1, 2019.".
Renumber succeeding section accordingly.