Colorado Code § 12-280-125.5

Pharmacists' authority to dispense chronic maintenance drugs - rules - liability
Open in Lexace · Ask the AI about this section
(1) In accordance with board rules adopted under subsection (2) of this section, on
and after January 1, 2020, a pharmacist may dispense an emergency supply of a chronic
maintenance drug to a patient without a current, valid prescription if:
(a) 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;
(b) (I) 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
(II) In the pharmacist's professional judgment, the refusal to dispense an emergency
supply of the chronic maintenance drug will endanger the patient's health or disrupt essential
drug therapy for a chronic condition of the patient;
(c) The amount of the chronic maintenance drug dispensed does not exceed the amount
of the most recent prescription or the standard quantity or unit of use package of the drug;
(d) The pharmacist has not dispensed an emergency supply of the chronic maintenance
drug to the same patient in the previous twelve-month period; and
(e) The prescriber of the drug has not indicated that no emergency refills are authorized.
(2) The board shall adopt rules, in consultation with the Colorado medical board created
in section 12-240-105 and the state board of nursing created in section 12-255-105, to establish
standard procedures for pharmacists to follow in dispensing chronic maintenance drugs pursuant
to this section. The rules adopted under this subsection (2) must include documentation
requirements for a pharmacist to complete when dispensing a chronic maintenance drug without
a current prescription.
(3) A pharmacist, the pharmacist's employer, and the original prescriber of the drug are
not civilly liable for an act or omission in connection with the dispensing of a chronic
maintenance drug pursuant to this section unless the act or omission constitutes negligence,
recklessness, or willful or wanton misconduct.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.