Responsible and Effective Opioid Prescribing _____________________________________________________
(i) State regulatory boards within the division and the director, so long as the information released is specific to an individual practitioner and is part of a bona fide investigation, and the request for information is accom- panied by an official court order or subpoena; (j) A resident physician with an active physician training license issued by the Colorado medical board pursuant to section 12-240-128 and under the supervision of a licensed physician; (k) The department of public health and environment for purposes of population-level analysis, but any use of program data by the department is subject to the federal “Health Insurance Portability and Accountability Act of 1996”, Pub.L. 104-191, as amended, and implementing federal regulations, including the requirement to remove any identifying data unless exempted from the require- ment; (l) A medical examiner who is a physician licensed pursuant to article 240 of this title 12, whose license is in good standing, and who is located and employed in the state of Colorado, or a coroner elected pursuant to section 30-10-601; or a deputy coroner who is authorized by the coroner to act on behalf of the coroner in accordance with subsection (3.5) of this section, if: (I) The information released is specific to an indi- vidual who is the subject of an autopsy or a death investigation conducted by the medical examiner, coroner, or deputy (II) The medical examiner coroner, or deputy coroner has legitimate access to the individual’s medical record; and (III) The individual’s death or injury occurred under unusual, suspicious, or unnatural circumstances. (3.5) A coroner may authorize a deputy coroner to access the program on behalf of the coroner if: (a) The coroner takes reasonable steps to ensure that the deputy coroner is sufficiently competent to use the program; and (b) The coroner remains responsible for: (I) Ensuring that access to the program is limited to the purposes specified in subsection (3)(l) of this section and that the access occurs in a man- ner that protects the confidentiality of program information; and (II) Any negligent breach of the confidentiality of information obtained from the program by the deputy coroner.
(4) (a) Each practitioner or practitioner’s designee shall query the program prior to prescribing the second fill for an opioid unless the patient receiving the prescription: (I) Is receiving the opioid in a hospital, skilled nursing facility, residential facility, or correctional facility; (II) Has been diagnosed with cancer and is experienc- ing cancer-related pain; (III) Is undergoing palliative care or hospice care; (IV) Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days; (V) Is receiving treatment during a natural disaster or during an incident where mass casualties have taken place; or (VI) Has received only a single dose to relieve pain for a single test or procedure. (a.5)Each practitioner or the practitioner’s designee shall query the program before prescribing a benzodiazepine to a patient unless the benzodiazepine is prescribed to treat a patient in hospice or to treat epilepsy, a seizure or seizure disorder, a suspected seizure disorder, spasticity, alcohol withdrawal, or a neurological condition, includ- ing a posttraumatic brain injury or catatonia. (b) The program must use industry standards to allow providers or their designees direct access to data from within an electronic health record to the extent that the query relates to a current patient of the practitioner. (c) A practitioner or practitioner’s designee complies with this subsection (4) if the practitioner or practitioner’s designee attempts to access the program before prescrib- ing an opioid or a benzodiazepine, and the program is not available or is inaccessible due to technical failure. (d) A violation of this subsection (4) does not create a private right of action or serve as the basis of a cause of action. A violation of this subsection (4) does not constitute negligence per se or contributory negligence per se and does not alone establish a standard of care. Compliance with this subsection (4) does not alone establish an absolute defense to any alleged breach of the standard of care. (e) Repealed (5) The board shall not charge a practitioner or pharmacy who transmits data in compliance with the operation and mainte- nance of the program a fee for the transmission of the data. (6) The board or the department of public health and environ- ment, pursuant to a written agreement that ensures compli- ance with this part 4, may provide data to qualified personnel of a public or private entity for the purpose of bona fide research or education so long as the data does not identify a recipient of, a practitioner who prescribed, or a prescription drug outlet that dispensed, a prescription drug.
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