Responsible and Effective Opioid Prescribing _____________________________________________________
(b) When registering with the program or at any time thereafter, a practitioner may authorize designees to access the program under section 12-280-404(3)(b) or (3)(d) on behalf of the practitioner, and a pharmacist may authorize designees to access the program under section 12-280-404(3)(f) if: (I) (A) The authorized designee of the practitioner is employed by, or is under contract with, the same professional practice as the prac- titioner; or (B) The authorized designee of the pharmacist is employed by, or is under contract with, the same prescription drug outlet as the pharmacist; and (II) The practitioner or pharmacist takes reasonable steps to ensure that the designee is sufficiently competent in the use of the program; and (III) The practitioner or pharmacist remains respon- sible for: (A) Ensuring that access to the program by the
(5) The division may contract with any individual or public or private agency or organization in carrying out the data col- lection and processing duties required by this part 4. (6) (a) On or before December 1, 2021, the division shall fully enable the expansion, utilization, and adoption of the United States bureau of justice assistance RxCheck, both for interstate data sharing and for integrating the program into the electronic medical records of practitioners and health systems within the state. Practitioners and health systems, through public and private integration organizations that comply with the business associate requirements of the federal “Health Insurance Portability and Accountability Act of 1996”, as amended, 42 U.S.C. sec. 1320d to 1320d-9, and its related privacy and security regulations, are authorized to directly connect to the program through RxCheck. In order to complete the required RxCheck enablement, the division may authorize public or private integration organizations to provide to the division reasonable and necessary program query audit reports should audit reporting functionality not be sufficient for the division through RxCheck. Notwithstanding the enablement of RxCheck described in this subsection (6), the program, whether developed by the board or procured, must allow direct application program interface connections to the program through public and private integration organizations that comply with the business associate requirements of the “Health Insurance Portability and Accountability Act of 1996”, as amended, 42 U.S.C. sec. 1320d to 1320d-9, and its related privacy and security regulations. (b) For the 2021-22 state fiscal year, the general assembly shall appropriate money from the marijuana tax cash fund created in section 39-28.8-501 (1) to the depart- ment for appropriation to the division for the purposes of this subsection (6). (7) (a) Subject to available funding, the division shall solicit applications from public and private integration orga- nizations and, on or before July 1, 2024, approve: (I) Qualified integration organizations that practitio- ners and pharmacists may use to integrate access of and data entry into the program; and (II) Qualified integration organizations that practitio-
practitioner’s designee is limited to the pur- poses authorized in section 12-280-404(3) (b) or (3)(d) or that access to the program by the pharmacist’s designee is limited to the purposes authorized in section 12-280- 404(3)(f), as the case may be, and that access to the program occurs in a manner that protects the confidentiality of the informa- tion obtained from the program; and (B) Any negligent breach of confidentiality of information obtained from the program by the practitioner’s or pharmacist’s designee when the designee accessed the program on behalf of the supervising practitioner or pharmacist.
(c) A practitioner or pharmacist is subject to penalties pursuant to section 12-280-406 for violating the require- ments of subsection (2)(b) of this section. (d) Any individual authorized as a designee of a practitio- ner or pharmacist pursuant to subsection (2)(b) of this section shall register as a designee of a practitioner or pharmacist with the program for program data access in accordance with section 12-280-404(3)(b), (3)(d), or (3)(f), as applicable, and board rules. (3) Each practitioner and each dispensing pharmacy shall dis- close to a patient receiving a controlled substance that his or her identifying prescription information will be entered into the program database and may be accessed for limited purposes by specified individuals. (4) The board shall establish a method and format for prescrip- tion drug outlets to convey the necessary information to the board or its designee. The method must not require more than a one-time entry of data per patient per prescription by a prescription drug outlet.
ners and pharmacists may use to integrate access of and data entry into a patient’s electronic medical records.
(b) The division shall implement a process whereby practi- tioners and pharmacists who have not integrated their electronic medical records and the program may apply for and receive money from a qualified integration organization approved by the division to help defray all or a portion of the costs to integrate the program and electronic medical records.
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