______________________________________________________ Responsible and Effective Opioid Prescribing
SECTION 12-280-406 - VIOLATIONS - PENALTIES A person who knowingly releases, obtains, or attempts to obtain information from the program in violation of this part 4 shall be punished by a civil fine of not less than one thousand dollars and not more than ten thousand dollars for each violation. Fines paid shall be deposited in the general fund in accordance with section 12-20-404(6). SECTION 12-280-408 - EXEMPTION - WAIVER (1) A hospital licensed or certified pursuant to section 25-1.5- 103, a prescription drug outlet located within the hospital that is dispensing a controlled substance for a chart order or dispensing less than or equal to a twenty-four-hour supply of a controlled substance, and an emergency medical service provider certified or licensed pursuant to section 25-3.5-203 are exempt from the reporting provisions of this part 4. A hospital prescription drug outlet licensed pursuant to section 12-280-114 shall comply with the provisions of this part 4 for controlled substances dispensed for outpatient care that have more than a twenty-four-hour supply. (2) A prescription drug outlet that does not report controlled substance data to the program due to a lack of electronic automation of the outlet’s business may apply to the board for a waiver from the reporting requirements.
(7) (a) The board shall provide a means of sharing information about individuals whose information is recorded in the program with out-of-state health care practitioners and law enforcement officials that meet the requirements of subsection (3)(b), (3)(d), or (3)(g) of this section. (b) The board may, within existing funds available for operation of the program, provide a means of sharing prescription information and electronic health records through a board-approved vendor and method with the health information organization network, as defined in section 25-3.5-103 (8.5), in order to work collabora- tively with the statewide health information exchanges designated by the department of health care policy and financing. Use of the information made available pur- suant to this subsection (7)(b) is subject to privacy and security protections in state law and the federal “Health Insurance Portability and Accountability Act of 1996”, Pub.L.104-191, as amended, and any implementing regulations. (8) The board shall develop criteria for indicators of misuse, abuse, and diversion of controlled substances and, based on those criteria, provide unsolicited reports of dispensed con- trolled substances to prescribing practitioners and dispens- ing pharmacies for purposes of education and intervention to prevent and reduce occurrences of controlled substance misuse, abuse, and diversion. In developing the criteria, the board shall consult with the Colorado dental board, Colorado medical board, state board of nursing, state board of optometry, Colorado podiatry board, and state board of veterinary medicine. (9) Reports generated by the program and provided to prescrib- ing practitioners for purposes of information, education, and intervention to prevent and reduce occurrences of controlled substance misuse, abuse, and diversion are: (a) Not public records under the “Colorado Open Records Act”, part 2 of article 72 of title 24; (b) Not discoverable in any criminal or administrative proceeding against a prescribing practitioner; and (c) Not admissible in any civil, criminal, or administrative proceeding against a prescribing practitioner.
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