(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:
The pharmacist makes every reasonable attempt but is unable to obtain authorizationto refill the prescription from the prescribing health care provider or another health care provider responsible for the patient's care;
(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;
The amount of the chronic maintenance drug dispensed does not exceed the amountof 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 maintenancedrug to the same patient in the previous twelve-month period; and
The prescriber of the drug has not indicated that no emergency refills are authorized.
The board shall adopt rules, in consultation with the Colorado medical board createdin 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 prescription.
A pharmacist, the pharmacist's employer, and the original prescriber of the drug arenot 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 wanton misconduct.
Source: L. 2019: Entire section added, (HB 19-1077), ch. 40, p. 138, § 6, effective October 1.
Editor's note: This section is similar to § 12-42.5-122.5 as added in HB 19-1077. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from March 21, 2019, to October 1, 2019, see HB 19-1077, chapter 40, Session Laws of Colorado 2019.