Senator Tate and Senator Pettersen, bill sponsors, presented House Bill 19-1077. The bill allows pharmacists to dispense to a patient an emergency supply of a chronic maintenance drug without a current valid prescription if:
- the pharmacist has made every reasonable attempt to obtain an authorization for a refill;
- the pharmacist has a record of the prescription or has been presented proof of a recent prescription or, in the pharmacist's professional judgement, refusal to dispense the drug would endanger the patient's health;
- the amount dispensed does not exceed the most recent prescription or the standard quantity of the drug;
- the pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12 months; and
- the prescriber has not indicated that no refills are authorized.
The bill defines a chronic maintenance drug as one that is prescribed to a patient to take on a recurring basis or is used as a life saving rescue drug for a chronic condition, but is not an opioid or controlled substance that is prohibited from being dispensed without a prescription under federal law. The State Board of Pharmacy must adopt rules, in consultation with the Colorado Medical Board and the State Board of Nursing, to establish standard procedures for pharmacists. In addition, the bill makes the pharmacist, pharmacist's employer, or the original prescriber not civilly liable for an act or omission in connection with the dispensing of a chronic maintenance drug unless there is negligence, recklessness, or willful or wanton misconduct.