Vol. 4, Summer 2022

COUNTER POINTS

A Quarterly Newsletter of the State Board of Pharmacy

2022 Legislation Affecting the Profession

HB22-1115: Regarding PDMP

HB22-1115 Prescription Drug Monitoring Program (PDMP) implements several changes:

Clarifying that every prescriber must query the PDMP prior to filling a prescription for an opioid or benzodiazepine;
Requiring each prescriber and pharmacist to attest that they have registered and are maintaining a user account with the program and that they are aware of the penalties for noncompliance;
Allowing a practitioner or pharmacist who is registered with the program to authorize an unlimited number of designees to access the program on the practitioner's or pharmacist's behalf;
Requiring the Division of Professions and Occupations (DPO) to solicit applications from public and private integration organizations and, on or before July 1, 2024, approve qualified integration organizations that practitioners and pharmacists may use to integrate the program with patient electronic medical records; and,

Requiring the Division to implement a process whereby practitioners and pharmacists may apply for and receive reimbursement from the Division for all or a portion of the costs of integrating the program with electronic medical records.

SB22-027: ADDITIONAL PDMP REQUIREMENTS

SB22-027 Prescription Drug Monitoring Program clarifies that each licensed health care practitioner must query the Prescription Drug Monitoring Program (PDMP) prior to prescribing a prescription for every opioid or benzodiazepine. It requires the group tasked with developing a strategic plan to reduce prescription drug misuse to also make recommendations to the executive director of the Department of Regulatory Agencies (DORA) concerning balancing the use of the program as a health care tool with enforcement of the requirements of the program.

hb22-1309: sexual assault victims

HB22-1309 Hospital Dispense Drugs To Sexual Assault Victims allows a hospital employee or agent to dispense a 7-day to 28-day supply of drugs for prophylaxis of sexually transmitted infections to an emergency room patient who is a victim of sexual assault.

sb22-098: unused drugs redispensing

SB22-098 Program Allowing Redispensing Of Unused Drugs creates the drug repository task force to examine drug repository programs for unused prescription drugs and over-the-counter medications in the country to determine the best model for Colorado to implement in the state.

SB22-173: location
OF Telepharmacies

SB22-173 Telepharmacy Criteria Remove Location Restriction removes a 20-mile restriction on the operation of telepharmacy outlets and requires a telepharmacy outlet to be located in an area of need.

HB22-1326: FENTANYL ACCOUNTABILITY

HB22-1326 Fentanyl Accountability And Prevention created a number of levels of drug felony charges based on the amount of product and if it contains any fentanyl or similar products. The bill expands the list of eligible entities that are eligible for standing orders to receive opiate antagonists to include institutes of higher education, libraries, religious organizations, jails and prisons, probation, public health agencies, and mental health professionals.

HB22-1041: privacy protections

HB22-1041 Privacy Protections For Protected Persons adds child representatives, code enforcement officers, health care workers, mortgage servicers, and office of the respondent parents' counsel staff members and contractors to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.

hb22-1246: hospice inpatient drug outlet

HB22-1246 Hospice Inpatient Unit Specialized Prescription Drug Outlet allows a pharmacy located within a hospice inpatient unit to register as a specialized prescription drug outlet for the purposes of providing drugs, devices, and pharmacist services to the residents of the hospice inpatient unit.

hb22-1270: criminal history checks

HB22-1270 Change Term Name-based Criminal History Record Check changes the term "name-based criminal history record check" to "name-based judicial record check" throughout the Colorado Revised Statutes.

HB22-1235: Regulate veterinary practice

HB22-1235 Sunset Continue Regulation Of Veterinary Practice implements DORA recommendations, as specified in the Department's sunset review of and report on the "Colorado Veterinary Practice Act." Effective January 1, 2024, a person who practices as a veterinary technician in this state must be registered by the board.

sb22-116: occupational credential portability

SB22-116 Increase Occupational Credential Portability amends the existing occupational credential portability law by:

Adding a military occupational specialty and credentials issued by the federal government to the types of occupational credentials that qualify a person for a credential through the program;
Allowing an applicant to meet the requirements for licensure via the program by showing proof of having held their license, certification, registration, enrollment, federal credential, or military occupational speciality for at least one year

in a jurisdiction with a scope of practice that is substantially similar to the scope of practice for the relevant profession in Colorado;

Altering the grounds for denial under the program by authorizing the regulator to deny a credential if the applicant lacks substantially equivalent education, in addition to existing grounds for denial;
Clarifying that applicants are not required to apply for a credential via the portability program; and,
Exempting Engineers, Surveyors, and Architects from the program.

sb22-076: occupational License official act regarding complaints

SB22-076 Complaint Occupational License Official Act directs the agency that regulates an occupation to dismiss an anonymous complaint that is lodged against the holder of an occupational license, certification, or registration if the complaint is based on words said or actions taken as: an elected official of Colorado or a political subdivision of Colorado; or a member of a board or commission of Colorado or a political subdivision of Colorado. If the same type of complaint is submitted, but not anonymously, the department is authorized to dismiss the complaint. The subject of the complaint need not respond or provide evidence for the complaint to be dismissed. An exception is added for words said to or actions committed for a specific person when the license, certificate, or registration holder is speaking or acting as a member of the occupation.

HB22-1267: Regarding culturally relevant health professional training

HB22-1267 Culturally Relevant Training Health Professionals requires the Office of Health Equity in the Department of Public Health and Environment (CDPHE) to: Create a culturally relevant and affirming health-care training grant program to provide money to nonprofit entities and statewide associations of health care providers to develop new, culturally responsive training programs for priority populations; and contract with a third-party administrator to administer the program. Each regulator in the Division of Professions and Occupations (DPO) in the Department of Regulatory Agencies (DORA) or the applicable health care professional is required to provide information concerning the training courses available to the licensee, certificate holder, or registrant. The regulator is required to encourage participation in the training courses.

In Other News

FDA Authorizes paxlovid PRESCRIBING UNDER EUA

The FDA recently revised their COVID-19 emergency use authorization (EUA) to allow state-licensed pharmacists to prescribe Paxlovid^™to eligible patients, subject to specific limitations. Pharmacists must be competent to perform the services provided and must ensure patient care services are safely performed in accordance with applicable standards of care. Pharmacists prescribing pursuant to FDA’s authorization must comply with all FDA prescribing and documentation requirements.

For more information, please view the FDA Press Release.

insulin affordability program information

A reminder that the Insulin Affordability Program was created through the passage of HB21-1307 (Prescription Insulin Pricing and Access) and went into effect on Jan. 1, 2022. The law established two distinct Insulin Affordability Programs. Eligible individuals can receive a 12-month prescription for insulin for no more than a $50 copay for a 30-day supply and an emergency 30-day supply of insulin once per 12-month period for no more than a $35 copay. The form and more information on these programs are available here. Pharmacies should contact their insurance carrier and/or the manufacturer with any billing questions.

Questions?

dora_pharmacyboard@state.co.us

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