(1) There is hereby created in the state treasury the Pharmacy peer health assistance fund. The fund consists of money collected by the board and credited to the fund pursuant to subsection (2) of this section. Any interest earned on the investment of money in the fund must be credited at least annually to the fund.
(2) (a) As a condition of licensure and licensure renewal in this state, every applicant shall pay to the administering entity that has been selected by the board pursuant to this section an amount set by the board not to exceed fifty-six dollars biennially. The amount must be used to support designated providers that have been selected by the board to provide assistance to pharmacists and interns needing help in dealing with physical, emotional, psychiatric, or psychological problems or behavioral, mental health, or substance use disorders that may be detrimental to their ability to practice.
(b) The board shall select one or more peer health assistance organizations as designated providers. To be eligible for designation by the board a peer health assistance diversion program shall:
Provide for the education of pharmacists and interns with respect to the recognitionand prevention of physical, emotional, and psychological problems and provide for intervention when necessary or under circumstances that may be established by rules promulgated by the board;
Offer assistance to a pharmacist or intern in identifying physical, emotional, or psychological problems;
Evaluate the extent of physical, emotional, or psychological problems and refer thepharmacist or intern for appropriate treatment;
Monitor the status of a pharmacist or intern who has been referred for treatment;
Provide counseling and support for the pharmacist or intern and for the family ofany pharmacist or intern referred for treatment;
Agree to receive referrals from the board;
Agree to make their services available to all licensed Colorado pharmacists andinterns.
The administering entity must be a qualified, nonprofit, private foundation that isqualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and must be dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to pharmaceutical education, pharmaceutical research and science, and other pharmaceutical charitable purposes.
The responsibilities of the administering entity are:
To collect the required annual payments, directly or through the board;
To verify to the board, in a manner acceptable to the board, the names of all pharmacist and intern applicants who have paid the fee set by the board;
To distribute the money collected, less expenses, to the designated provider, as directed by the board;
To provide an annual accounting to the board of all amounts collected, expensesincurred, and amounts disbursed; and
To post a surety performance bond in an amount specified by the board to secureperformance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.
(e) The board, at its discretion, may collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all the payments to the administering entity. All required annual payments collected or due to the board for each fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the funds do not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1485, § 1, effective October 1.
Editor's note: This section is similar to former § 12-42.5-203 as it existed prior to 2019.