(1) Medication reminder boxes or systems may be used if such containers have been filled and properly labeled by a pharmacist licensed pursuant to article 280 of title 12, a nurse licensed pursuant to part 1 of article 255 of title 12, or an unlicensed person trained pursuant to this section or filled and properly labeled through the gratuitous care by members of one's family or friends. Nothing in this section authorizes or shall be construed to authorize the practice of pharmacy, as defined in section 12-280-103 (39). An unlicensed person shall not fill and label medication reminder boxes pursuant to this section until the person has successfully completed a competency evaluation from an approved training entity or has been approved by an authorized agency, and no facility shall use an unlicensed person to perform such services unless the facility has a qualified manager to oversee the work of the unlicensed person or persons.
The department has, in addition to all other powers and duties imposed upon it bylaw, the powers and duties provided in this section to develop and implement rules with respect to the provisions in subsection (1) of this section concerning the administration of medication reminder boxes.
The executive directors of the departments that control the facilities defined in section 25-1.5-301 (2)(a) and (2)(b) may direct the unlicensed staff of any such facility to monitor medications in any part of any such facility. Administration of medications in any such facility shall be allowed only in those areas of any such facility that have a licensed physician or other licensed practitioner on duty. Notwithstanding other training requirements established in this section, the operator or administrator of every facility that hires an unlicensed person to administer medications pursuant to this section shall provide on-the-job training for such person, and all such unlicensed persons hired on or after July 1, 2017, shall be adequately supervised until they have successfully completed the training. The on-the-job training must be appropriate to the job responsibilities of each trainee. Facility operators and administrators shall require each unlicensed person who administers medication in the facility to pass a competency evaluation pursuant to section 25-1.5-302 (2) as a condition of employment in that facility. Facility operators and administrators shall document each unlicensed person's satisfactory completion of on-the-job training and passage of the competency evaluation in his or her permanent personnel file.
A person who self-administers medication is personally responsible for medicationadministration. No facility shall be responsible for observing or documenting the selfadministration of medication. Compliance with the requirements for the training of unlicensed persons in medication administration pursuant to this section is not required when persons being cared for are self-administering.
(a) All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the medication administration cash fund, which fund is hereby created.
The general assembly shall make annual appropriations from the medication administration cash fund for expenditures of the department incurred in the performance of its duties under this section.
Repealed.
In accordance with section 24-36-114, C.R.S., all interest derived from the depositand investment of the medication administration cash fund created in paragraph (a) of this subsection (5) shall be credited to the general fund.
Source: L. 2003: Entire article added with relocations, p. 697, § 2, effective July 1. L. 2009: (3) amended, (SB 09-128), ch. 365, p. 1914, § 5, effective July 1. L. 2012: (1) amended, (HB 12-1311), ch. 281, p. 1628, § 72, effective July 1. L. 2016: (1), (2), (3), and (5)(c) amended, (HB 16-1424), ch. 307, p. 1237, § 4, effective July 1. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1698, § 145, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 702, § 58, effective July 1.
Editor's note: (1) This section is similar to former § 25-1-107 IP(1)(ee)(I.5), (1)(ee)(I.6), (1)(ee)(III)(B), (1)(ee)(IV), (1)(ee)(IV.5), and (1)(ee)(V) as they existed prior to 2003.
(2) Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective July 1, 2017. (See L. 2016, p. 1237.)