Colorado § 12-280-125.7 - Pharmacists' authority to prescribe and dispense HIV prevention drugs - definitions - rules.

§ 12-280-125.7. Pharmacists' authority to prescribe and dispense HIV prevention drugs - definitions - rules.

(1) As used in this section, unless the context otherwise requires:

(a) "CDC" means the federal centers for disease control and prevention in the United States department of health and human services, or any successor entity.

(b) "CDC guidelines" means the CDC guidelines for preexposure prophylaxis for the prevention of HIV infection and the "Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV", and any analogous subsequent guidelines published by the CDC.

(c) "HIV prevention drug" means preexposure prophylaxis, post-exposure prophylaxis, or other drugs approved by the FDA for the prevention of HIV infection.

(d) "Post-exposure prophylaxis" means a drug or drug combination that meets the same clinical eligibility recommendations provided in CDC guidelines.

(e) "Preexposure prophylaxis" means a drug or drug combination that meets the same clinical eligibility recommendations provided in CDC guidelines.

(f) "Prescriber" means:

(I) A physician or physician assistant licensed pursuant to article 240 of this title 12; or

(II) An advanced practice registered nurse, as defined in section 12-255-104 (1), or a certified midwife, as defined in section 12-255-104 (3.2), with prescriptive authority pursuant to section 12-255-112.

(g) "Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.

(2) A pharmacist may prescribe and dispense HIV prevention drugs in accordance with a standing order pursuant to section 25-1-130 or a statewide drug therapy protocol developed pursuant to subsection (5) of this section.

(3) Before prescribing or dispensing HIV prevention drugs to a patient, a pharmacist must:

(a) Hold a current license to practice in Colorado;

(b) Be engaged in the practice of pharmacy;

(c) Have earned a doctorate of pharmacy degree or completed at least five years of experience as a licensed pharmacist;

(d) Carry adequate professional liability insurance as determined by the board; and

(e) Complete a training program accredited by the Accreditation Council for Pharmacy Education, or its successor entity, pursuant to the protocol developed by the board.

(4) The board shall promulgate rules necessary to implement this section, including rules that establish protocols for prescribing and dispensing preexposure prophylaxis and post-exposure prophylaxis.

(5) (a) On or before six months after July 13, 2020, the state board of pharmacy, the Colorado medical board, and the state board of nursing shall, in collaboration with the department of public health and environment, and as described in section 12-280-601 (1)(b), develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV prevention drugs.

(b) If the state board of pharmacy, the Colorado medical board, and the state board of nursing are not able to agree in the time period required by subsection (5)(a) of this section to statewide drug therapy protocols for pharmacists to prescribe and dispense HIV prevention drugs, the state board of pharmacy shall collaborate with the department of public health and environment to develop and implement statewide drug therapy protocols by January 1, 2021.

(c) In developing the statewide drug therapy protocols, the applicable boards and the department of public health and environment shall consider physician referrals; lab testing, including preexposure and post-exposure prescribing tests, and appropriate referrals pursuant to CDC guidelines; counseling pursuant to CDC guidelines; and patient follow-up care and counseling.

Source: L. 2020: Entire section added, (HB 20-1061), ch. 281, p. 1376, § 5, effective July 13. L. 2023: IP(1), (1)(c), (2), IP(3), (5)(a), and (5)(b) amended, (SB 23-189), ch. 69, p. 258, § 5, effective April 14; (1)(f)(II) amended, (SB 23-167), ch. 261, p. 1545, § 50, effective May 25.