(1) The department has, in addition to all other powers and duties imposed upon it by law, the power to establish and maintain by rule a program for the administration of medications in facilities. The department of human services, the department of health care policy and financing, and the department of corrections shall develop and conduct a medication administration program as provided in this part 3. A medication administration program developed pursuant to this subsection (1) must be conducted within the following guidelines:
As a condition to authorizing or renewing the authorization to operate any facilitythat administers medications to persons under its care, the authorizing agency shall require that the facility have a staff member qualified pursuant to subsection (1)(b) of this section on duty at any time that the facility administers such medications and that the facility maintain a written record of each medication administered to each resident, including the date, time, and amount of the medication and the signature of the person administering the medication. Such record is subject to review by the authorizing agency as a part of the agency's procedure in authorizing the continued operation of the facility. Notwithstanding any exemption enumerated in subsection (1)(b) of this section, any facility may establish a policy that requires a person authorized to administer medication to report to, be supervised by, or be otherwise accountable for the performance of such administration to a registered nurse as defined in section 12-255-104.
Any individual who is not otherwise authorized by law to administer medication in afacility shall be allowed to perform such duties only after passing a competency evaluation. An individual who administers medications in facilities in compliance with the provisions of this part 3 shall be exempt from the licensing requirements of the "Colorado Medical Practice Act", the "Nurse and Nurse Aide Practice Act", and the laws of this state pertaining to possession of controlled substances as contained in article 280 of title 12, part 2 of article 80 of title 27, or the "Uniform Controlled Substances Act of 2013", article 18 of title 18.
(2) (a) The department shall establish by rule the minimum requirements for course content, including competency evaluations, for medication administration and to determine compliance with the requirements for facilities licensed under this title.
The department shall approve training entities for facilities licensed under this titleand maintain a list of approved training entities. The department shall establish by rule the minimum requirements for training entities, including instructor qualifications and the approval process. Approved training entities shall provide the department with a list of all persons who have successfully completed a competency evaluation.
Training entities shall also provide the department with any other pertinent information reasonably requested by the department pursuant to the department's obligation and authority under this section.
The department shall publish and maintain a current list of all persons who havepassed a competency evaluation from an approved training entity and paid the fee required by paragraph (e) of this subsection (2).
The department shall set and collect a uniform fee for inclusion in the public competency listing. The department shall not include an individual on the public listing unless the individual has successfully completed a competency evaluation from an approved training entity and paid the fee established by the department. The revenue generated from the fee must approximate the direct and indirect costs incurred by the department in the performance of duties under this section.
The department of human services, the department of health care policy and financing, and the department of corrections may develop and approve minimum requirements for course content, including competency evaluations, for individuals who administer medications in facilities whose operation is authorized by those departments. A department that administers competency evaluations shall maintain a public list of individuals who have successfully completed the competency evaluation.
to (7) Repealed.
Each owner, operator, or supervisor of a facility who employs a person who is notlicensed to administer medications shall conduct a criminal background check on each employee prior to employment or promotion to a position in which the person has access to medications. When the results of a fingerprint-based criminal history record check of an employee performed pursuant to this section reveal a record of arrest without a disposition, the owner, operator, or supervisor of the facility shall require that employee to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
Every unlicensed person and qualified manager described in this section, as a condition of employment or promotion to a position in which he or she has access to medications, shall sign a disclosure statement under penalty of perjury stating that he or she never had a professional license to practice nursing, medicine, or pharmacy revoked in this or any other state for reasons directly related to the administration of medications.
A person who, on or before July 1, 2017, is authorized to administer medicationpursuant to this section is not required to complete additional training but is otherwise subject to this section.
Source: L. 2003: Entire article added with relocations, p. 696, § 2, effective July 1. L. 2009: (7)(c) amended and (8) added, (SB 09-128), ch. 365, p. 1915, § 6, effective July 1. L. 2012: (1)(b) amended, (HB 12-1311), ch. 281, p. 1627, § 71, effective July 1. L. 2013: (1)(b) amended, (SB 13-250), ch. 333, p. 1940, § 62, effective October 1. L. 2016: IP(1), (1)(a), (3), and (8) amended and (9) and (10) added, (HB 16-1424), ch. 307, p. 1233, § 2, effective July 1; (2) amended, (HB 16-1424), ch. 307, p. 1235, § 3, effective July 1, 2017; (4)(b), (5)(b), (6)(b), and (7)(d) added by revision, (HB 16-1424), ch. 307, pp. 1235, 1238, §§ 3, 6. L. 2019: (8) amended, (HB 19-1166), ch. 125, p. 553, § 36, effective April 18; (1) amended, (HB 19-1172), ch. 136, p. 1698, § 144, effective October 1. L. 2020: (1)(b) amended, (HB 20-1183), ch. 157, p. 702, § 57, effective July 1.
Editor's note: (1) This section is similar to former § 25-1-107 (1)(ee)(I) and (1)(ee)(I.3) as they existed prior to 2003.
(2) Subsections (4)(b), (5)(b), (6)(b), and (7)(d) provided for the repeal of subsections (4), (5), (6), and (7), respectively, effective July 1, 2017. (See L. 2016, p. 1235.)
Cross references: For the "Colorado Medical Practice Act", see article 240 of title 12; for the "Nurse and Nurse Aide Practice Act", see article 255 of title 12.