(1) (a) Except as provided in sections 12-280125.5 and 18-18-414 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.
A pharmacist who receives an order for a controlled substance that is included inschedule II, III, or IV from a podiatrist, dentist, physician, physician assistant, advanced practice registered nurse, or optometrist, which order is not transmitted electronically to the pharmacist, is not required to verify the applicability of an exception to electronic prescribing of controlled substances under section 12-30-111 and may dispense the controlled substance pursuant to a written, oral, or facsimile-transmitted order that is otherwise valid and consistent with the requirements of current law.
A pharmacist who dispenses a prescription order for a prescription drug that is anopioid shall notify the individual to whom the opioid is being dispensed about the availability of an opiate antagonist at no charge to the individual when, in the pharmacist's professional judgment, the individual would benefit from the notification.
A pharmacist may refill a prescription order for any prescription drug without thepractitioner's authorization when all reasonable efforts to contact the practitioner have failed and when, in the pharmacist's professional judgment, continuation of the medication is necessary for the patient's health, safety, and welfare. The prescription refill may only be in an amount sufficient to maintain the patient until the practitioner can be contacted, but in no event may a refill under this subsection (2) continue medication beyond seventy-two hours. However, if the practitioner states on the prescription that no emergency filling of the prescription is permitted, then the pharmacist shall not issue any medication that is not authorized by the prescription. Neither a prescription drug outlet nor a pharmacist is liable as a result of refusing to refill a prescription pursuant to this subsection (2).
A pharmacist may dispense an opiate antagonist in accordance with section 12-30110.
A pharmacist or pharmacy technician may sell a nonprescription syringe or needle toany person.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1467, § 1, effective October 1; (1) amended, (HB 19-1077), ch. 40, p. 138, § 5, effective October 1; (1) amended, (SB 19-079), ch. 86, p. 320, § 24, effective October 1. L. 2020: (1)(c) and (4) added, (HB 20-1065), ch. 287, pp. 1419, 1421, §§ 3, 8, effective September 14.
Editor's note: (1) This section is similar to former § 12-42.5-120 as it existed prior to 2019; except that § 12-42.5-120 (3)(d) was relocated to § 12-30-110 (1)(b), (2)(b), and (4)(b).
(2) (a) Before its relocation in 2019, this section was amended in HB 19-1077. 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 March 21, 2019, to October 1, 2019, see HB 19-1077, chapter 40, Session Laws of Colorado 2019.
Before its relocation in 2019, this section was amended in SB 19-079. 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 August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.
Before its relocation in 2019, this section was amended in SB 19-227. 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 19-227, chapter 273, Session Laws of Colorado 2019.
Amendments to subsection (1) by HB 19-1077 and SB 19-079 were harmonized.
Section 9(3) of chapter 287 (HB 20-1065), Session Laws of Colorado 2020, providesthat the act adding subsection (1)(c) takes effect only if SB 20-007 (chapter 286) becomes law and takes effect either upon the effective date of HB 20-1065 or SB 20-007, whichever is later. HB 20-1065 became law and took effect September 14, 2020, and SB 20-007 took effect July 13, 2020.