(1) The board shall develop or procure a prescription controlled substance electronic program to track information regarding prescriptions for controlled substances dispensed in Colorado, including the following information:
The date the prescription was dispensed;
The name of the patient and the practitioner;
The name and amount of the controlled substance;
The method of payment;
The name of the dispensing pharmacy; and
Any other data elements necessary to determine whether a patient is visiting multiplepractitioners or pharmacies, or both, to receive the same or similar medication.
(2) (a) By January 1, 2015, or by an earlier date determined by the director, every practitioner in this state who holds a current registration issued by the federal drug enforcement administration and every pharmacist shall register and maintain a user account with the program.
(b) When registering with the program or at any time thereafter, a practitioner or pharmacist may authorize up to three designees to access the program under section 12-280-404 (3)(b), (3)(d), or (3)(f), as applicable, on behalf of the practitioner or pharmacist if:
(I) (A) The authorized designee of the practitioner is employed by, or is under contract with, the same professional practice as the practitioner; or
(B) The authorized designee of the pharmacist is employed by, or is under contract with, the same prescription drug outlet as the pharmacist; and
The practitioner or pharmacist takes reasonable steps to ensure that the designee issufficiently competent in the use of the program; and
The practitioner or pharmacist remains responsible for:
Ensuring that access to the program by the practitioner's designee is limited to thepurposes authorized in section 12-280-404 (3)(b) or (3)(d) or that access to the program by the pharmacist's designee is limited to the purposes authorized in section 12-280-404 (3)(f), as the case may be, and that access to the program occurs in a manner that protects the confidentiality of the information obtained from the program; and
Any negligent breach of confidentiality of information obtained from the program bythe practitioner's or pharmacist's designee.
A practitioner or pharmacist is subject to penalties pursuant to section 12-280-406 forviolating the requirements of subsection (2)(b) of this section.
Any individual authorized as a designee of a practitioner or pharmacist pursuant tosubsection (2)(b) of this section shall register as a designee of a practitioner or pharmacist with the program for program data access in accordance with section 12-280-404 (3)(b), (3)(d), or (3)(f), as applicable, and board rules.
Each practitioner and each dispensing pharmacy shall disclose to a patient receivinga controlled substance that his or her identifying prescription information will be entered into the program database and may be accessed for limited purposes by specified individuals.
The board shall establish a method and format for prescription drug outlets to conveythe necessary information to the board or its designee. The method must not require more than a one-time entry of data per patient per prescription by a prescription drug outlet.
The division may contract with any individual or public or private agency or organization in carrying out the data collection and processing duties required by this part 4.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1495, § 1, effective October 1.
Editor's note: This section is similar to former § 12-42.5-403 as it existed prior to 2019.