3 Colo. Code Regs. § 716-1.25
Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 716-1.25 - ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES BY ADVANCED PRACTICE NURSES AND CERTIFIED MIDWIVES WITH PRESCRIPTIVE AUTHORITYA.BASIS: These Rules and Regulations are adopted by the State Board of Nursing ("Board") pursuant to sections 12-20-204, 12-255-129, and 12-30-111(2), C.R.S.B.PURPOSE: The purpose of these rules and regulations is to define a temporary technological failure, a temporary electrical failure, and an economic hardship for purposes of sections 12-30-111(1)(a)(1) and 12-30-111(1)(a)(XI), C.R.S., as well as to explain the process for a prescriber to demonstrate an economic hardship exception to the requirement to prescribe controlled substances electronically as required by section 12-30-111(1)(a), C.R.S.C. On or after July 1, 2021 and pursuant to section 12-30-111(1)(a), C.R.S., a prescriber, which is an advanced practice nurse with prescriptive authority or a Certified Midwife with prescriptive authority, shall prescribe a controlled substance as set forth in section 12-30-111(1)(a), C.R.S., only by electronic prescription transmitted to a pharmacy unless an exception in section 12-30-111(1)(a), C.R.S., applies. D. A "temporary technological failure," for purposes of section 12-30-111(1)(a)(I), C.R.S., is when a necessary business software programs is inaccessible or otherwise not operational, required technology fails to start, or when a virus has put patient data and transmission at risk for at least forty-eight hours or two consecutive business days.E. A "temporary electrical failure," for purposes of section 12-30-111(1)(a)(I), C.R.S., is a short-term loss of electrical power at the place of business that lasts no more than forty-eight hours or two consecutive business days.F. An "economic hardship," for purposes of section 12-30-111(1)(a)(XI), C.R.S., is a measurement of relative need taking into consideration the individual gross receipts and net profits, cost of compliance, and type of software upgrade required. In order for a prescriber to demonstrate economic hardship, the prescriber must submit to the Board for a final determination: 1. A written statement explaining the economic hardship, including supporting documentation to demonstrate economic hardship. Supporting documentation must include the most recent tax return or other business records that show gross receipts and net profits. The request must also include the requested duration of the economic hardship.2. If the Board determines there should be an economic hardship exception for the prescriber, then the Board will determine the duration of the economic hardship exception, which shall not exceed one year from the date the exception was granted.3. In order to renew a request for an economic hardship exception, the prescriber must submit a request to renew the exception in writing to the Board no less than two months prior to the expiration of the economic hardship exception. The prescriber must provide a written statement explaining the need to renew the economic hardship, including supporting documentation.38 CR 16, August 25, 2015, effective 9/14/201538 CR 20, October 25, 2015, effective 11/14/201538 CR 22, November 25, 2015, effective 12/30/201540 CR 10, May 25, 2017, effective 6/14/201740 CR 16, August 25, 2017, effective 9/14/201740 CR 16, August 25, 2017, effective 9/14/201742 CR 04, February 25, 2019, effective 3/17/201942 CR 04, February 25, 2019, effective 3/17/201944 CR 10, May 25, 2021, effective 6/14/202144 CR 22, November 25, 2021, effective 12/15/202145 CR 20, October 25, 2022, effective 9/22/202245 CR 23, December 10, 2022, effective 11/11/202246 CR 01, January 10, 2023, effective 12/10/202245 CR 22, November 25, 2022, effective 12/15/202246 CR 02, January 25, 2022, effective 1/9/202347 CR 04, February 25, 2024, effective 3/16/2024