SENATE BILL 22-173
BY SENATOR(S) Rodriguez and Smallwood, Buckner, Coram, Ginal,
Gonzales, Pettersen, Priola, Rankin, Simpson, Winter, Woodward;
also REPRESENTATIVE(S) Bird and McKean, Bernett, Bockenfeld,
Hooton, Lindsay.
C
ONCERNING CRITERIA RELATING TO THE OPERATION OF TELEPHARMACY
OUTLETS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-280-103, amend
(32)(a)(II), (32)(b)(II), (36), (43), and (50); and repeal (32)(c) as follows:
12-280-103. Definitions - rules. As used in this article 280, unless
the context otherwise requires or the term is otherwise defined in another
part of this article 280:
(32) "Other outlet" means:
(a) A hospital that does not operate a registered pharmacy, a rural
health clinic, a federally qualified health center, as defined in the federal
"Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), a family planning
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. clinic, an acute treatment unit licensed by the department of public health
and environment, a school, a jail, a county or district public health agency,
a community health clinic, a community mental health clinic, a behavioral
health entity, an approved treatment facility, a university, or a college that:
(II) Engages in the compounding, dispensing, and delivery of drugs
or devices;
OR
(b) An ambulatory surgical center, a hospice, or a convalescent
center, each of which is licensed pursuant to part 1 of article 3 of title 25,
or a medical clinic operated by a hospital, each of which:
(II) Engages in the compounding, dispensing, and delivery of drugs
or devices for administration to patients while being treated in the facility.
or
(c) A telepharmacy outlet.
(36) "Pharmacist manager" means an individual, licensed in this
state as a pharmacist, who has direct control of the pharmaceutical affairs
of a prescription drug outlet and who,
EXCEPT AS PROVIDED IN SECTION
12-280-118 (1)(a), is not the manager of any other prescription drug outlet.
(43) "Prescription drug outlet" or "pharmacy" means any pharmacy
outlet registered pursuant to this article 280 where prescriptions are
compounded and dispensed. "Prescription drug outlet" includes, without
limitation, a specialized prescription drug outlet registered pursuant to
section 12-280-119 (11)
AND A TELEPHARMACY OUTLET .
(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:
(I) Is registered as an other
A PRESCRIPTION DRUG outlet OR
PHARMACY
under this article 280;
(II) At the time of registration, is located more than twenty milesfrom the nearest prescription drug outlet and from any other telepharmacy
outlet registered under this article 280 IN AN AREA OF NEED;
(III) Is connected via computer link, video link, and audio link, or
via other functionally equivalent telecommunication equipment, with a
PAGE 2-SENATE BILL 22-173 central pharmacy LOCATED IN THIS STATE that is registered under this article
280; and
(IV) Has a pharmacy technician on site who, under the remote
supervision of a licensed pharmacist located at the central pharmacy
IN THIS
STATE
, performs the tasks described in subsection (38.5)(a) of this section.
(b) The board may adopt rules as necessary to specify additional
criteria for a telepharmacy outlet that the board deems necessary.
(c) AS USED IN THIS SUBSECTION (50):
(I) "A
REA OF NEED" MEANS:
(A) A
NY HEALTH FACILITY LICENSED OR CERTIFIED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTION
25-1.5-103 (1); OR
(B) ANY AREA WHERE A DEMONSTRATION OF NEED IS APPROVED BY
THE BOARD
.
(II) "C
ENTRAL PHARMACY " MEANS A REGISTERED PHARMACY
OUTLET RESPONSIBLE FOR OVERSEEING THE OPERATION OF A
TELEPHARMACY OUTLET
.
SECTION 2. In Colorado Revised Statutes, 12-280-107, add (3) as
follows:
12-280-107. Rules. (3) T
HE BOARD MAY ADOPT RULES TO SPECIFY
ADDITIONAL CRITERIA NECESSARY TO FACILITATE THE OPERATION OF
TELEPHARMACY OUTLETS
. THE BOARD'S ADDITIONAL RULES FOR A
TELEPHARMACY OUTLET ARE LIMITED TO RULES CONCERNING THE
FOLLOWING
:
(a) A
PPLICATION REQUIREMENTS;
(b) S
TRUCTURAL AND EQUIPMENT REQUIREMENTS ;
(c) S
TAFFING AND TRAINING REQUIREMENTS ;
PAGE 3-SENATE BILL 22-173 (d) PHARMACIST MANAGER VISITATION REQUIREMENTS ;
(e) I
NVENTORY RECORD-KEEPING AND STORAGE REQUIREMENTS ;
(f) E
STABLISHING POLICIES AND PROCEDURES RELATING TO
TELEPHARMACY OPERATIONS
; AND
(g) THE NUMBER OF TELEPHARMACY OUTLETS THAT MAY BE
OPERATED BY A CENTRAL PHARMACY
.
SECTION 3. In Colorado Revised Statutes, 12-280-118, amend
(1)(a) and add (3)(c) as follows:
12-280-118. Prescription drug outlet under charge of pharmacist
- rules. (1) (a) A prescription drug outlet must be under the direct charge
of a pharmacist manager. A proprietor who is not a pharmacist shall comply
with this requirement and shall provide a manager who is a pharmacist.
N
OTHING IN THIS ARTICLE 280 OR RULES IMPLEMENTING THIS ARTICLE 280
SHALL PROHIBIT THE PHARMACIST MANAGER OF A CENTRAL PHARMACY
FROM SIMULTANEOUSLY SERVING AS THE PHARMACIST MANAGER OF A
TELEPHARMACY OUTLET
.
(3) (c) A
TELEPHARMACY OUTLET IS REQUIRED TO HAVE A
PHARMACIST MANAGER
. A TELEPHARMACY OUTLET IS CONSIDERED TO BE
UNDER THE DIRECT CHARGE OR CONTROL OF THE PHARMACIST MANAGER
, OR
THE LICENSED PHARMACIST DELEGATE
, WHO PROVIDES REMOTE SUPERVISION
TO THE TELEPHARMACY OUTLET
.
SECTION 4. In Colorado Revised Statutes, 12-280-402, amend (3)
as follows:
12-280-402. Definitions. As used in this part 4, unless the context
otherwise requires:
(3) "Prescription drug outlet" or "pharmacy" means:
(a) Any resident or nonresident pharmacy outlet registered or
licensed pursuant to this article 280 where prescriptions are compounded
and dispensed; and
PAGE 4-SENATE BILL 22-173 (b) Any federally owned and operated pharmacy registered with the
federal drug enforcement administration;
AND
(c) A TELEPHARMACY OUTLET.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-SENATE BILL 22-173 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 22-173