Colorado § 12-280-123 - Prescription required - exception - dispensing opioid antagonists - selling nonprescription syringes and needles.

§ 12-280-123. Prescription required - exception - dispensing opioid antagonists - selling nonprescription syringes and needles.

(1) (a) Except as provided in sections 12-280-125.5 and 18-18-414 and subsections (2) and (3) of this section, an order is required prior to dispensing any prescription drug. Orders shall be readily retrievable within the appropriate statute of limitations.

(b) A pharmacist who receives an order for a controlled substance that is included in schedule II, III, or IV from a podiatrist, dentist, physician, physician assistant, advanced practice registered nurse, certified midwife, or optometrist, which order is not transmitted electronically to the pharmacist, is not required to verify the applicability of an exception to electronic prescribing of controlled substances under section 12-30-111 and may dispense the controlled substance pursuant to a written, oral, or facsimile-transmitted order that is otherwise valid and consistent with the requirements of current law.

(c) (I) A pharmacist who dispenses a prescription order for a prescription drug that is an opioid shall inform the individual of the potential dangers of a high dose of an opioid, as described by the federal centers for disease control and prevention in the United States department of health and human services, and offer to dispense to the individual to whom the opioid is being dispensed, on at least an annual basis, an opioid antagonist approved by the FDA for the reversal of an opioid overdose if:

(A) The individual is, at the same time, prescribed a benzodiazepine, a sedative hypnotic drug, carisoprodol, tramadol, or gabapentin; or

(B) The opioid prescription is at or in excess of ninety morphine milligram equivalent, as described in the guidelines of the federal centers for disease control and prevention.

(II) Notwithstanding section 12-30-110 (2)(a), if an individual to whom an opioid is being dispensed chooses to accept the pharmacist's offer for an opioid antagonist, the pharmacist shall counsel the individual on how to use the opioid antagonist in the event of an overdose. The pharmacist shall notify the individual of available generic and brand-name opioid antagonists.

(III) This subsection (1)(c) does not apply to a pharmacist dispensing a prescription medication to:

(A) A patient who is in hospice or palliative care; and

(B) A resident in a veterans community living center, as defined in section 26-12-102 (7).

(2) A pharmacist may refill a prescription order for any prescription drug without the practitioner's authorization when all reasonable efforts to contact the practitioner have failed and when, in the pharmacist's professional judgment, continuation of the medication is necessary for the patient's health, safety, and welfare. The prescription refill may only be in an amount sufficient to maintain the patient until the practitioner can be contacted, but in no event may a refill under this subsection (2) continue medication beyond seventy-two hours. However, if the practitioner states on the prescription that no emergency filling of the prescription is permitted, then the pharmacist shall not issue any medication that is not authorized by the prescription. Neither a prescription drug outlet nor a pharmacist is liable as a result of refusing to refill a prescription pursuant to this subsection (2).

(3) A pharmacist may prescribe and dispense an opioid antagonist in accordance with section 12-30-110.

(4) A pharmacist or pharmacy technician may sell a nonprescription syringe or needle to any person.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1467, § 1, effective October 1; (1) amended, (HB 19-1077), ch. 40, p. 138, § 5, effective October 1; (1) amended, (SB 19-079), ch. 86, p. 320, § 24, effective October 1. L. 2020: (1)(c) and (4) added, (HB 20-1065), ch. 287, pp. 1419, 1421, §§ 3, 8, effective September 14. L. 2021: (3) amended, (SB 21-094), ch. 314, p. 1933, § 12, effective September 1; (1)(c) amended, (SB 21-011), ch. 207, p. 1081, § 1, effective September 7. L. 2023: (1)(b) amended, (SB 23-167), ch. 261, p. 1545, § 49, effective May 25. L. 2024: IP(1)(c)(I), (1)(c)(II), and (3) amended, (HB 24-1037), ch. 458, p. 3169, § 14, effective June 6.

Editor's note: (1) This section is similar to former § 12-42.5-120 as it existed prior to 2019; except that § 12-42.5-120 (3)(d) was relocated to § 12-30-110 (1)(b), (2)(b), and (4)(b).

(2) (a) Before its relocation in 2019, this section was amended in HB 19-1077. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from March 21, 2019, to October 1, 2019, see HB 19-1077, chapter 40, Session Laws of Colorado 2019.

(b) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.

(c) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019.

(3) Amendments to subsection (1) by HB 19-1077 and SB 19-079 were harmonized.