SB12-037, Electronically Transmitted Prescriptions

SB12-037 

Ability to Dispense a Controlled Substance Based On an Electronically Transmitted Prescription Drug Order 

Sen. S. King, Aguilar/Rep. Young 

Staff Name:  Lou Irwin  

What the Bill Does:
The bill makes it lawful for a prescription for a controlled substance (schedule II or above) to be transmitted electronically, and for the drug to be administered directly to the end user by legally qualified personnel.  It also allows for a pharmacy to dispense the drug for use within 72 hours without a written prescription under emergency circumstances. 

Colorado Context:
Under current law, a pharmacy is prohibited from dispensing a prescribed schedule II, III, IV, or V controlled substance absent a written prescription from the practitioner prescribing the substance. [1] 

National Context:
Federal DEA regulations allow a pharmacy to dispense a prescribed Schedule II, III, IV, or V controlled substance from an electronically transmitted prescription.  They also allow a practitioner to dispense these controlled substances directly to the ultimate user without a written prescription. This bill would bring state law into conformance with federal law. 

Bill Provisions:  

• Allows a pharmacy to dispense a Schedule II, III, or IV substance on the basis of an electronically-transmitted prescription.
• Allows an authorized health practicioner to dispense a Schedule II, III, or IV substance to a patient directly without a written prescription
• Allows a pharmacist to dispense a 72 hour supply of a Schedule II, III, or IV substance without a written or electronically-transmitted prescription, provided that
  • the pharmacist has reason to believe that a real emergency exists in which obtaining a prescription is impractical, and
  • the pharmacist immediately makes a written record, including the words “Authorization for emergency dispensing” and the date and time that the substance is dispensed.

 Fiscal Impact: None  

[1] C.R.S. 18-18-308