Monday, September 10, 2012

Colorado Veterinary Statutes, Regulations and Policies Relating to Dispensing and Prescribing Drugs

Colorado Statutes 12-64-111. Discipline of licensees provide that:

(1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in conformity with section 12-64-112. After a hearing, and by a concurrence of a majority of members, the board may deny a license to an applicant or revoke or suspend the license of, place on probation, or otherwise discipline or fine, a licensed veterinarian for any of the following reasons:

(aa) Administering, dispensing, distributing, or prescribing any prescription drug other than in the course of a veterinarian-client-patient relationship, except in accordance with section 12-64-104(2)(b);

Colorado Regulations:

8. Prescription Drugs
Veterinarians may only prescribe medication when they have a VCPR with the patient. Under federal and state law, veterinarians may not sell, distribute, dispense or participate in or arrange for the sale of prescription medicines in any fashion except through a VCPR or in compliance with Rule V. Veterinarians are charged with knowledge of the pharmacy practice act provisions that apply to their practice, as well as the laws and regulations of the federal food and drug administration. When a client requests a copy of a prescription for their animal under current treatment, the veterinarian must provide it to the client.

(Adopted November 3, 2011, Effective December 30, 2011)
A. If a licensed veterinarian who has an established veterinarian-client-patient relationship (VCPR) with a patient prescribes a prescription drug that the licensed veterinarian does not have in stock and is not available at a local pharmacy, then in an emergency situation ONLY another licensed veterinarian who does not have a VCPR with that same patient may administer, distribute, or dispense a prescription drug to that patient based on the examining veterinarian’s expertise and established VCPR with the patient as long as the following requirements are met:

1. The examining veterinarian with the VCPR must document the emergency and the immediate need for the prescription drug;
2. The examining veterinarian with the VCPR must document his or her efforts to obtain the prescription drug from a local pharmacy, including documentation of contact with at least 1 pharmacy in the general proximity of the examination location that does not have the prescription drug immediately available;
3. The examining veterinarian must provide a written prescription;
4. The examining veterinarian must have direct communication with the dispensing veterinarian; and
5. The licensed veterinarian who administers, distributes, or dispenses the prescription drug on behalf of the examining veterinarian must document the date the prescription is administered, distributed, or dispensed.

B. "Emergency" as defined in Rule I.C is limited in application to this rule

The regulations provide the following fines for the failure to provide a written prescription:

3. Failure to Provide a Written Prescription
a. $250 for the 1st violation
b. $500 for the 2nd violation
c. Up to $1,000 for the 3rd or subsequent violation

Colorado State Board of Veterinary Medicine
Policies & Guidelines Effective: June 2011
Page 8
Board Guideline Regarding Prescription Medications
The Colorado State Board of Veterinary Medicine believes that the appropriate prescribing, dispensing, and administration of prescription and other medications is a crucial element in the treatment of animal patients. Veterinarians should only prescribe medications for animals with which they have a veterinary-client-patient relationship. Veterinarians may dispense medications for the animals under their care. Should a client ask for a written prescription for an animal being seen by a veterinarian, the veterinarian should supply that written prescription, as it is a part of the animal’s medical record, and the owner has a right to that record pursuant to C.R.S. 12-64-120 (2003). However, at any time, if supplying the prescription would compromise or risk the animal’s health, the veterinarian should decline to provide it and inform the owner what is required in order to address the animal’s health concerns. Internet pharmacy sale of prescription medications is legal if the veterinarian involved has a valid client patient relationship with the animal for which he is supplying the medications. In addition, he must have prescribed an appropriate medication for that animal, which is always the case whether by internet or other means. Veterinarians are authorized providers under the law and may procure, store, and dispense whatever medications they prescribe for their patients. Whether or not internet business constitutes a “pharmacy” under state law is an issue for the Colorado State Board of Pharmacy to determine. The sale of nonprescription drugs in Colorado is largely unregulated. Internet pharmacy sale of such medications is legal, as is sales of these medications in any animal supply store.

No comments: