Podcast
Questions and Answers
What does the term 'solicitation' specifically exclude?
What does the term 'solicitation' specifically exclude?
- In-person communications initiated by representatives
- Advertisements in radio and television (correct)
- Emails sent to a specific individual
- Initial contacts made by a licensed individual
Which of the following accurately defines the role of a 'licensee'?
Which of the following accurately defines the role of a 'licensee'?
- A representative of a health-related organization
- An individual who is licensed or regulated by a health-care prescriber board (correct)
- An individual who is solely regulated by state law
- Anyone engaged in health care related activities
Which of the following boards is NOT classified as a health-care prescriber board?
Which of the following boards is NOT classified as a health-care prescriber board?
- State board of optometry
- State board of engineering (correct)
- Colorado podiatry board
- Colorado dental board
Which means of communication is considered 'solicitation'?
Which means of communication is considered 'solicitation'?
What is an example of a health-care prescriber board mentioned in the content?
What is an example of a health-care prescriber board mentioned in the content?
What is required of a provider on or after March 1, 2021, regarding disclosures to patients?
What is required of a provider on or after March 1, 2021, regarding disclosures to patients?
Which definition accurately describes a 'patient' according to the content?
Which definition accurately describes a 'patient' according to the content?
Under what conditions is a provider's ability to practice regulated once they face disciplinary action?
Under what conditions is a provider's ability to practice regulated once they face disciplinary action?
What manner of disclosure is specified for a provider to deliver to a patient?
What manner of disclosure is specified for a provider to deliver to a patient?
What constitutes grounds for disciplinary action as described in the content?
What constitutes grounds for disciplinary action as described in the content?
What is the primary requirement for prescribing controlled substances under HB 24-1003 effective July 1, 2021?
What is the primary requirement for prescribing controlled substances under HB 24-1003 effective July 1, 2021?
Which of the following is NOT an exception to electronic prescribing according to subsection (1)(b) of HB 24-1003?
Which of the following is NOT an exception to electronic prescribing according to subsection (1)(b) of HB 24-1003?
Which circumstance allows a prescriber to issue a prescription that is not patient-specific?
Which circumstance allows a prescriber to issue a prescription that is not patient-specific?
Under HB 24-1003, which of the following elements can prevent electronic prescribing?
Under HB 24-1003, which of the following elements can prevent electronic prescribing?
How many prescriptions for controlled substances can a prescriber write per year to qualify for an exception under HB 24-1003?
How many prescriptions for controlled substances can a prescriber write per year to qualify for an exception under HB 24-1003?
Which scenario would NOT justify a prescriber using a paper prescription instead of electronic prescribing?
Which scenario would NOT justify a prescriber using a paper prescription instead of electronic prescribing?
Which of the following facilities would allow the prescriber to issue a non-electronic prescription?
Which of the following facilities would allow the prescriber to issue a non-electronic prescription?
What must a prescriber demonstrate to qualify for an economic hardship exception under HB 24-1003?
What must a prescriber demonstrate to qualify for an economic hardship exception under HB 24-1003?
What does a prescriber prescribing an opioid antagonist not need to comply with?
What does a prescriber prescribing an opioid antagonist not need to comply with?
Which of the following protections is provided to prescribers of opioid antagonists?
Which of the following protections is provided to prescribers of opioid antagonists?
What is established by this section regarding the duty of care for prescribers?
What is established by this section regarding the duty of care for prescribers?
Which type of organization is defined as a 'community service organization' in this section?
Which type of organization is defined as a 'community service organization' in this section?
What is NOT affected by the provisions in this section?
What is NOT affected by the provisions in this section?
Which section pertains to civil liability related to the administration of opioids?
Which section pertains to civil liability related to the administration of opioids?
Which of the following is a consequence mentioned for prescribers of opioid antagonists if they comply with the stated regulations?
Which of the following is a consequence mentioned for prescribers of opioid antagonists if they comply with the stated regulations?
What does the term 'correctional facility' refer to in this context?
What does the term 'correctional facility' refer to in this context?
What is the minimum duration an out-of-network provider must retain a signed consent for services provided?
What is the minimum duration an out-of-network provider must retain a signed consent for services provided?
What is required of an out-of-network provider when they obtain a signed consent?
What is required of an out-of-network provider when they obtain a signed consent?
Which of the following statements is true regarding balance billing by out-of-network providers?
Which of the following statements is true regarding balance billing by out-of-network providers?
What is the primary prohibition on pharmacies, carriers, or pharmacy benefit managers regarding opiate prescriptions?
What is the primary prohibition on pharmacies, carriers, or pharmacy benefit managers regarding opiate prescriptions?
What must healthcare providers discuss with patients before treating chronic pain?
What must healthcare providers discuss with patients before treating chronic pain?
What does the receipt of disclosures from an out-of-network provider not waive?
What does the receipt of disclosures from an out-of-network provider not waive?
In which of the following situations does the discussed section not apply?
In which of the following situations does the discussed section not apply?
Which type of service agencies are exempt from the regulations stated in the section?
Which type of service agencies are exempt from the regulations stated in the section?
Under what condition can a healthcare provider refuse to prescribe an opiate?
Under what condition can a healthcare provider refuse to prescribe an opiate?
What constitutes a violation of the section regarding out-of-network providers?
What constitutes a violation of the section regarding out-of-network providers?
What must be documented in a patient's record according to the policy?
What must be documented in a patient's record according to the policy?
When will the provision in subsection (3.7) become effective?
When will the provision in subsection (3.7) become effective?
What is one requirement for health benefit plans issued after January 1, 2025?
What is one requirement for health benefit plans issued after January 1, 2025?
Which of the following is NOT a reason for refusing to prescribe or dispense a controlled substance?
Which of the following is NOT a reason for refusing to prescribe or dispense a controlled substance?
What is one limitation on the applicability of the discussed section?
What is one limitation on the applicability of the discussed section?
What is one of the roles of the Colorado medical board regarding prescribing controlled substances?
What is one of the roles of the Colorado medical board regarding prescribing controlled substances?
Flashcards
What is 'Solicitation'?
What is 'Solicitation'?
'Solicitation' is an initial contact with a specific individual, initiated through in-person, electronic, written communication, telephone, telegraph, or facsimile. This does not include radio, television, newspaper, or yellow pages advertisements.
What is a 'Health-care prescriber board'?
What is a 'Health-care prescriber board'?
A 'Health-care prescriber board' is a governing body that oversees the licensing and regulation of healthcare professionals in Colorado.
What are some examples of 'Health-care prescriber boards' in Colorado?
What are some examples of 'Health-care prescriber boards' in Colorado?
Some examples are the Colorado podiatry board, Colorado dental board, Colorado medical board, state board of nursing, state board of optometry, and state board of veterinary medicine.
What is a 'Licensee'?
What is a 'Licensee'?
A 'Licensee' is an individual who is licensed or otherwise regulated by a 'Health-care prescriber board' in Colorado.
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What is the difference between 'Solicitation' and advertising?
What is the difference between 'Solicitation' and advertising?
'Solicitation' involves direct and specific communication with an individual, while advertising is a broader message reaching a larger audience through mass media.
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Opioid Prescription Restrictions
Opioid Prescription Restrictions
Pharmacies, carriers, and pharmacy benefit managers cannot refuse to fill an opioid prescription solely based on the drug being an opioid or exceeding a predetermined dosage limit.
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Healthcare Provider Restrictions
Healthcare Provider Restrictions
Healthcare providers cannot refuse to prescribe, administer, or dispense an opioid prescription solely based on exceeding a predetermined dosage limit.
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Chronic Pain Treatment Discussion
Chronic Pain Treatment Discussion
Before prescribing opioids for chronic pain, healthcare providers must discuss the risks associated with the prescribed drug with the patient (or their legal guardian) and document the discussion.
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Opioid Prescription Exceptions
Opioid Prescription Exceptions
This law does not apply to opioid prescriptions for treating substance use disorders, nontherapeutic or drug diversion purposes, terminating a patient's life with chronic pain, or for substances not approved by the FDA for pain relief.
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Colorado Medical Board
Colorado Medical Board
The Colorado Medical Board retains its authority to regulate healthcare providers, despite this law regarding opioid prescriptions.
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State Board of Nursing
State Board of Nursing
The State Board of Nursing maintains its authority to regulate nurses, even with the new law regarding opioid prescriptions.
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Opioid Antagonist Dispensing
Opioid Antagonist Dispensing
This section of the law isn't about prescribing or dispensing opioid antagonists, even though the section title refers to them.
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Opioid Prescription Limits
Opioid Prescription Limits
This law generally prohibits arbitrary limits on opioid prescriptions by pharmacies, benefit managers, and healthcare providers, emphasizing patient access to pain management.
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Opioid Antagonist Exemption
Opioid Antagonist Exemption
Prescribers dispensing opioid antagonists are exempt from certain labeling, storage, and record-keeping requirements.
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Prescriber Conduct Exemption
Prescriber Conduct Exemption
Prescribers dispensing opioid antagonists are not considered to be engaging in unprofessional conduct, and are not subject to discipline.
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Civil and Criminal Protection for Prescribers
Civil and Criminal Protection for Prescribers
Prescribers dispensing opioid antagonists are protected from civil liability and criminal prosecution.
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Civil and Criminal Protection for Others
Civil and Criminal Protection for Others
Individuals or entities acting in accordance with the opioid antagonist provisions are also protected from civil liability and criminal prosecution.
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No Duty of Care Established
No Duty of Care Established
This legislation does not create any new duties or standards of care for prescribers regarding opioid antagonist use.
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Prescriptive Authority Unchanged
Prescriptive Authority Unchanged
This legislation doesn't affect the prescriptive authority of healthcare professionals already licensed to prescribe.
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Community Corrections Program
Community Corrections Program
A program for individuals who have been convicted of a crime and are being supervised in the community.
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Community Service Organization
Community Service Organization
A non-profit organization that provides services to those at risk of opioid overdose and their support network.
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Out-of-network provider consent
Out-of-network provider consent
When an out-of-network provider needs to give care, they must obtain a signed consent form from the patient to allow billing. This form explains potential costs and risks to the patient.
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Out-of-network provider retention of consent
Out-of-network provider retention of consent
Providers who have secured a signed consent form must keep it for at least 7 years after providing the service. This ensures they have proof in case of any issues with billing or coverage.
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Balance billing by out-of-network providers
Balance billing by out-of-network providers
Out-of-network providers are restricted from balance billing patients for services if the law specifies a different payment method.
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Consumer protections from out-of-network services
Consumer protections from out-of-network services
Even if you receive out-of-network care, you still have legal protections regarding your rights and benefits outlined in your health plan, meaning you shouldn't be wrongly denied coverage.
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Exemption for publicly funded fire agencies
Exemption for publicly funded fire agencies
These laws don't apply to out-of-network services provided by publicly funded fire departments.
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Out-of-network provider violation as deceptive trade practice
Out-of-network provider violation as deceptive trade practice
If an out-of-network provider breaks the rules about consent and billing it can be classified as deceptive trade practice, which may lead to penalties.
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Patient Disclosure Requirement
Patient Disclosure Requirement
Health care providers in Colorado must inform patients about previous convictions or disciplinary actions related to sexual misconduct.
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What is a 'Sex Offense'?
What is a 'Sex Offense'?
A 'Sex Offense' is defined in Colorado law (Section 16-11.7-102 (3)) and includes acts like sexual assault, child sexual abuse, and sexual exploitation.
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Disciplinary Action Disclosure
Disciplinary Action Disclosure
Providers must inform patients about any professional limitations resulting from a conviction or disciplinary action related to sexual misconduct, even if the action was taken by another state.
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Disclosure Method
Disclosure Method
Providers must disclose the required information in writing, using a form and format specified by the relevant regulatory board.
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When Disclosure Happens
When Disclosure Happens
Disclosure must occur before a provider begins providing professional services to a patient, with exceptions for certain situations.
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Electronic Prescribing of Controlled Substances
Electronic Prescribing of Controlled Substances
In Colorado, most prescriptions for controlled substances (Schedule II, III, or IV) must be written electronically, except for specific exceptions outlined in the law.
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Exceptions to Electronic Prescribing
Exceptions to Electronic Prescribing
There are specific situations where a prescriber is allowed to write a traditional paper prescription for controlled substances. These exceptions include situations like technology failures, prescriptions for patients outside of Colorado, and dispensing by the prescriber themselves.
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National Council for Prescription Drug Programs (NCPDP) SCRIPT Standard
National Council for Prescription Drug Programs (NCPDP) SCRIPT Standard
This is a national standard that outlines the specific information required for electronic prescriptions. Prescriptions must adhere to this standard unless exempted under specific circumstances.
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Public Health Emergency
Public Health Emergency
During a public health emergency, prescriptions for controlled substances may be written traditionally, allowing for quicker access to medication in critical situations.
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Standing Order
Standing Order
A standing order is a pre-approved prescription that allows for the dispensing of a controlled substance without a specific patient prescription. This is often used for routine medications in institutions or for specific protocols.
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Collaborative Drug Management
Collaborative Drug Management
This involves a collaborative agreement between a prescriber and a pharmacist to manage a patient's medication. In these cases, a prescription for controlled substances may be written using a non-patient-specific format.
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Economic Hardship Exception
Economic Hardship Exception
A prescriber can apply for an exception based on financial hardship, allowing them to write paper prescriptions. The regulations for this exception are defined by the state regulator.
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Limited Prescription Writing Exception
Limited Prescription Writing Exception
A prescriber who writes 24 or fewer controlled substance prescriptions per year may be exempt from electronic prescribing requirements.
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Colorado Revised Statutes 2024 - Title 12
- This title was repealed and reenacted in 2019, with additions, relocations, and eliminations of sections.
- Prior to 2019, consult the 2018 Colorado Revised Statutes for amendments.
- Comparative tables for this title are available online: https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf
- Cross references for practicing a profession or operating a business without a license are in § 16-13-306
- Article 4 of title 24 covers rule-making procedures and license suspension/revocation.
- Disposition of money collected under this title 12 is covered by § 24-35-101 and 24-36-103.
General Provisions
- The short title of this title 12 is the "Professions and Occupations Act" (L. 2019).
- Article 1 applies to every other article in Title 12, except as specified elsewhere within the title (L. 2019).
- "Department" refers to the department of regulatory agencies established in section 24-1-122 (L. 2019).
- "Executive director" refers to the director of the department or their designee (L. 2019).
- "Profession or occupation" includes any activity regulated by a part or article of this title 12 (L. 2019).
Miscellaneous Provisions Applicable to Health-Care Professions and Occupations
- This article 30 applies to articles 200-315 of title 12, except as otherwise stated (L. 2019).
- The article's requirements are in addition to those in other parts of title 12 (L. 2019).
Medical Transparency Act of 2010
- The short title of this section is the "Michael Skolnik Medical Transparency Act of 2010".
- Colorado citizens need full information about health-care providers' past practices to make informed decisions.
- Providing public information about health-care professional competency is important for patients.
- Applicants are encouraged to submit data electronically where possible (L. 2019).
- Applicants must submit information regarding professional licenses, certifications, and registrations in Colorado and any other state. Specific regulations as to what this information is vary as per profession (e.g., audiology, podiatry, chiropractic, dentistry, etc...).
- The public is able to search the information submitted by applicants by using names, license numbers, etc., via the website or a site maintained by the relevant regulatory body (L. 2019). Information is updated monthly.
- Data on malpractice actions and decisions is included and accessible to the public.
- Individuals may submit information on awards received or charity care provided.
- Individuals, regulated bodies, and hospitals must adhere to confidentiality guidelines and regulations (L. 2019). If the information is not found to be relevant or is inappropriate, the regulator is still permitted to remove data from the public record (L. 2019).
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