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.
Notes
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