DEPARTMENT OF REGULATORY AGENCIES Colorado Podiatry Board RULE 300 – ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES 3 CCR 712-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

18.1 STATEMENT OF BASIS AND PURPOSE

The basis for the Board’s promulgation of these rules and regulations is sections 12-20-204(1) and 12- 290-106(1)(a), C.R.S. The specific statutory authority for the promulgation of this Rule is section 12-30- 111(2), C.R.S.

The purpose for the Board’s promulgation of this Rule 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 exception to the requirement to prescribe controlled substances electronically as required by section 12- 30-111(1)(a), C.R.S.

18.2 ELECTRONIC PRESCRIBING OF CONTROLLED SUBSTANCES

A. Effective on July 1, 2021, and pursuant to section 12-30-111(1)(a), C.R.S., 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. 1. A necessary prescribing software program is inaccessible or otherwise not operational;
2. 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 that lasts no more than forty-eight hours or two consecutive business days unless there is a showing of undue hardship.

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. 1. A written statement explaining the economic hardship, including supporting documentation to demonstrate economic hardship. Supporting documentation may include the most recent tax return or other business records that show gross receipts and net profits. 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.
   1. 1 CODE OF COLORADO REGULATIONS 3 CCR 712-18 Colorado Podiatry Board
2. 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. 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.

_________________________________________________________________________ Editor’s Notes History New rule eff. 01/30/2021.

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