Dispensing Chronic Maintenance Drug Without a Prescription

In March, Colorado Governor Polis signed House Bill 19-1077 Authorization for a Pharmacist to Dispense a Chronic Maintenance Drug to a Patient without a Current Prescription in Limited Circumstances.

The new law, effective immediately, allows a pharmacist to dispense an emergency supply of a chronic maintenance drug to a patient without a current valid prescription if certain conditions have been met:

1. The pharmacist has made every reasonable attempt to obtain an authorization for a refill;
2. The pharmacist has a record of the prescription or has been presented proof of a recent prescription or, in the pharmacists professional judgement, refusal to dispense the drug would endanger the patient’s health;
3. The amount of the drug dispensed does not exceed the most recent prescription or the standard quantity of the drug;
4. The pharmacist has not dispensed an emergency supply of the chronic maintenance drug to the same patient in the previous 12 months; and
5. The prescriber has not indicated that no emergency refills are authorized.

A chronic maintenance drug is defined as a drug prescribed to a patient to take on a recurring basis or a drug used as a lifesaving rescue drug for a chronic condition. It does not include an opioid or controlled substance that is prohibited from being dispensed without a prescription under federal law.

The Colorado State Board of Pharmacy, working closely with the Colorado Medical Board and the Colorado State Board of Nursing, will adopt rules and establish standard procedures for pharmacists.

Finally, the pharmacist, the pharmacist’s employer and the original prescriber will not be held 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.