(1) (a) Except as provided in subsection (1)(b) of this section, on and after July 1, 2021, a prescriber shall prescribe a controlled substance, as defined in section 18-18-102 (5), that is included in schedule II, III, or IV pursuant to part 2 of article 18 of title 18, only by electronic prescription transmitted to a pharmacy unless:
At the time of issuing the prescription, electronic prescribing is not available due totechnological or electrical failure;
The prescription is to be dispensed at a pharmacy that is located outside of this state;
The prescriber is dispensing the controlled substance to the patient;
The prescription includes elements that are not supported by the most recent version of the National Council for Prescription Drug Programs SCRIPT Standard and 21 CFR 1311;
The federal food and drug administration or drug enforcement administration requires the prescription for the particular controlled substance to contain elements that cannot be satisfied with electronic prescribing;
The prescription is not specific to a patient and allows dispensing of the prescribedcontrolled substance:
Pursuant to a standing order, approved protocol of drug therapy, or collaborativedrug management or comprehensive medication management plan;
In response to a public health emergency; or
Under other circumstances that permit the prescriber to issue a prescription that isnot patient-specific;
The prescription is for a controlled substance under a research protocol;
The prescriber writes twenty-four or fewer prescriptions for controlled substancesper year;
The prescriber is prescribing a controlled substance to be administered to a patientin a hospital, nursing care facility, hospice care facility, dialysis treatment clinic, or assisted living residence or to a person who is in the custody of the department of corrections;
The prescriber reasonably determines that the patient would be unable to obtain controlled substances prescribed electronically in a timely manner and that the delay would adversely affect the patient's medical condition; or
The prescriber demonstrates economic hardship in accordance with rules adoptedby the regulator pursuant to subsection (2)(b) of this section.
(b) A prescriber who is a licensed dentist or who is practicing in a rural area of the state or in a practice consisting of only one prescriber shall comply with this subsection (1) on and after July 1, 2023.
(2) The regulator for each prescriber subject to this section shall adopt rules:
Defining what constitutes a temporary technological or electrical failure for purposesof subsection (1)(a)(I) of this section; and
Defining economic hardship for purposes of subsection (1)(a)(XI) of this section andestablishing:
The process for a prescriber to demonstrate economic hardship, including the information required to be submitted to allow the regulator to make a determination;
The period during which the economic hardship exception is effective, which periodmust not exceed one year; and
A process for a prescriber to apply to renew an economic hardship exception, including the information required to be submitted that demonstrates the prescriber's continuing need for the exception.
(3) (a) This section does not:
Create a private right of action;
Serve as the basis of a cause of action; or(III) Establish a standard of care.
(b) A violation of this section does not constitute negligence per se or contributory negligence per se.
(4) As used in this section:
(a) "Prescriber" means:
A dentist licensed pursuant to article 220 of this title 12;
A physician or physician assistant licensed pursuant to article 240 of this title 12;
An advanced practice nurse with prescriptive authority pursuant to section 12-255-
112;
An optometrist licensed pursuant to article 275 of this title 12; or(V) A podiatrist licensed pursuant to article 290 of this title 12.
(b) "Rural area" means a county located in a nonmetropolitan area in the state that either:
Has no municipality within its territorial boundaries with fifty thousand or more permanent residents based upon the most recent population estimates published by the United States census bureau; or
Satisfies alternate criteria for the designation of a rural area as may be promulgatedby the federal office of management and budget.
Source: L. 2019: Entire section added, (SB 19-079), ch. 86, p. 316, § 18, effective October 1.
Editor's note: This section is similar to §§ 12-32-107.7, 12-35-114.5, 12-36-117.9, 1238-111.7, and 12-40-109.9 as added in SB 19-079. Those sections were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former sections in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.