4 Colo. Code Regs. § 728-1.26

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 728-1.26 - ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES

A. Effective on or after July 1, 2021, and pursuant to section 12-30-111(1)(a), C.R.S., and effective on and after July 1, 2023, a prescriber 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.

B. A "temporary technological failure," for purposes of section 12-30-111(1)(a)(I), C.R.S., is when:

1. A necessary prescribing software program is inaccessible or otherwise not operational;

2. Required technology fails to start; or

3. During a period when a virus or cyber security breach is actively putting patient data and transmission at risk.

C. 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.

D. 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. The Board reserves the right to request additional documentation to support the request, if necessary. 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.

4 CCR 728-1.26

37 CR 12, June 25, 2014, effective 7/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 23, December 10, 2020, effective 12/30/2020

44 CR 12, June 25, 2021, effective 7/15/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 21, November 10, 2022, effective 10/5/2022

45 CR 22, November 25, 2022, effective 10/26/2022

45 CR 23, December 10, 2022, effective 11/11/2022

45 CR 24, December 25, 2022, effective 1/14/2023