Dispensing an Emergency Supply of a Chronic Maintenance Drug Without a Prescription

Earlier this year, Colorado Governor Jared Polis signed House Bill 19-1077 Concerning Authorization for a Pharmacist to Dispense a Chronic Maintenance Drug to a Patient Without a Current Prescription in Limited Circumstances (HB 19-1077).

The new law, slated to go into effect on January 1, 2020, allows a Colorado pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a current, valid prescription provided the following conditions are met:

• The pharmacist makes every reasonable attempt but is unable to obtain authorization to refill the prescription from the prescribing health care provider or another health care provider responsible for the patient’s care;
• The pharmacist has a record of a prescription at the pharmacy or has been presented proof of a recent prescription for the chronic maintenance drug in the name of the patient who is requesting the emergency supply, or, in the pharmacist’s professional judgement, refusal to dispense the drug would endanger the patient’s health or disrupt essential drug therapy for a chronic condition of the patient;
• The amount dispensed does not exceed the most recent prescription or the standard quantity of the drug;
• The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12 months; and
• The prescriber has not indicated that no emergency refills are authorized.

The Colorado State Board of Pharmacy (Board of Pharmacy) rules define chronic maintenance drug as “one prescribed to a patient to take on a recurring basis or is used as a lifesaving rescue drug for a chronic condition, but is not an opioid or controlled substance that is prohibited from being dispensed without a prescription under federal law.”

The Board of Pharmacy will continue to work with the Colorado Medical and Nursing Boards to adopt rules to establish standard procedures for pharmacists.

Additionally, as the new rule states, neither the pharmacist, the pharmacist’s employer or the original prescriber will be civilly liable for an act or omission in connection with the dispensing of a chronic maintenance drug unless there is negligence, recklessness or willful or wanton misconduct.