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HB19-1077

Pharmacist Dispense Drug Without Prescription In Emergency

Concerning authorization for a pharmacist to dispense a chronic maintenance drug to a patient without a current prescription in limited circumstances.
Session:
2019 Regular Session
Subject:
Professions & Occupations
Bill Summary

Pharmacists - chronic maintenance drugs - dispense without prescription. The act allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a prescription if:

  • The pharmacist is unable to obtain authorization to refill the prescription from a health care provider;
  • The pharmacist has a record of a prescription in the name of the patient who is requesting the emergency supply of the chronic maintenance drug, or, in the pharmacist's professional judgment, the refusal to dispense an emergency supply will endanger the health 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 12-month period; and
  • The prescriber of the drug has not indicated that no emergency refills are authorized.

The act requires the state board of pharmacy to promulgate rules to establish standard procedures for dispensing chronic maintenance drugs. A pharmacist, the pharmacist's employer, and the original prescriber of the drug are not civilly liable for dispensing a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


(Note: This summary applies to this bill as enacted.)

Status

Introduced
Passed
Became Law

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Bill Text

Pursuant to HJR20-1007, the Second Regular Session of the 72nd General Assembly is Temporarily Adjourned until 10:00 a.m., Monday, March 30, 2020. 

COVID-19 Resources

Temporary Guidelines for Review and Comment Meetings

The legislature will meet in limited session on Monday, March 30th. The Capitol will be open for the duration of the session for those with essential business related to the session. The building will not be available for public tours. People without essential business are encouraged to access the session through the General Assembly website and Colorado Channel.  Anybody with essential business related to the session will be required to practice appropriate social distancing measures.