Electronic Prescribing of Controlled Substances in Colorado
Earlier this year, Colorado Governor Polis signed SB 19-079 Concerning a Requirement that Certain Practitioners Prescribe Controlled Substances Electronically into law.
The new law requires that physicians, physician assistants, advanced nurse practitioners, dentists, podiatrists and optometrists must prescribe Schedule II, III, or IV controlled substances electronically, with certain exceptions.
A few exceptions noted in the new law are listed below:
- ‘At the time of issuing the prescription, electronic prescribing is not available due to a temporary technological or electrical failure;’
- ‘The prescription is to be dispensed at a pharmacy that is located outside of this state;’
- ‘The prescribing physician or physician assistant is dispensing the controlled substance to the patient;’
- ‘The prescription includes one or more elements that are not supported by the most recent version of the National Council for Prescribing Drug Programs Script Standard and 21 CFR 1311;’
- ‘The Federal Food and Drug Administration or Drug Enforcement Administration requires the prescription for the particular controlled substance to contain one or more elements that cannot be satisfied with electronic prescribing;’
- The prescription is not specific to a patient and allows dispensing of the prescribed controlled substance.’
Additionally, the law does not require pharmacists to verify the applicability of an exception to electronic prescribing and, as such, pharmacists may dispense the controlled substance pursuant to an order that is written, oral or transmitted via fax that is valid and lawful.
The majority of prescribers must comply by July 1, 2021, but dentists and prescribers working in a solo practice or in a rural area must comply by July 1, 2023.