Basis and Purpose:		The purpose of the amendment to Rule 4.01.00 is to clarify that pharmacists wishing to become licensed in Colorado by license transfer must have all pharmacist licenses held in other states in good standing, whether or not the license was obtained by examination.
Statement of Authority:	The Board is granted authority to promulgate these rules pursuant to CRS sections 12-22-108, 12-22-110, 12-22-116(7) and 24-4-103.
4.00.00  LICENSING.
4.00.10 Interns.  An intern must practice in conformity with the laws, rules, and regulations of the state in which he/she interns.
a.  	The intern must obtain one thousand five hundred (1,500) hours of internship.
(1)  	These hours may be obtained by participation in a rotation program conducted by an accredited school or college of pharmacy; and/or internship hours may be independently obtained by a licensed intern enrolled in, in good standing with, or having graduated from an approved school of pharmacy or holding a valid Foreign Pharmacy Graduate Equivalency Committee certificate.
(2)  	Up to thirty (30) percent of the required hours may be obtained with a drug manufacturer under the supervision of such manufacturer or with a school or college of pharmacy in drug or drug related research activities as provided in CRS 12-22-111(1)(b)(i).
b.  	An intern who fails to surrender his/her intern license upon the request of the Board, shall be deemed to be in violation of this regulation.  Although he/she may be granted the experience time submitted, administrative action may be instituted to suspend or revoke his/her license to practice as an intern, or to deny his/her license to practice as a pharmacist.
c.  	A license to practice as an intern may be granted only to a person who has submitted satisfactory evidence that he/she has graduated from, is enrolled in, is in attendance at, or is in good standing with an accredited school or college of pharmacy, or has submitted to the Board a certificate issued by the Foreign Pharmacy Graduate Examination Commission.
d.  	A person on suspension from a school or college of pharmacy does not meet the definition of an intern and is not entitled to exercise the privileges of the intern license.
e.  	A person who is in good standing with the school or college of pharmacy, but is not attending, may be licensed as an intern.
4.00.20 Preceptors.  A preceptor is a pharmacist or other authorized person training an intern in compliance with the pharmacy laws, rules and regulations of a state.
a. 	 A pharmacist preceptor shall have been licensed and in the practice of pharmacy for at least two consecutive years immediately prior to his/her application for preceptor approval.
b. 	Other than Letters of Admonition, during the five years preceding such application, the preceptor shall not have been found guilty nor been disciplined by a court or Board for violation of any law or rule. 
c.  	A preceptor who meets the requirements of these rules and who has been approved by the Board or approved by an accredited school or college of pharmacy within a clinical rotation shall be employed at each location where an intern is engaged in the practice of pharmacy for credit towards satisfaction of the intern requirements.
d.  	A pharmacist shall oversee the practice of pharmacy of an intern and shall be responsible for the actions of such intern that pertain to the practice of pharmacy as defined.
e.  	A preceptor of record shall be responsible for the overall training program of not more than two interns at the same work time.
f.  	More than one pharmacist or other authorized person may be approved by the Board as a preceptor at any location.
4.01.00 License Transfer.  An applicant for license transfer shall apply for license transfer using a license issued by examination in another state.  Such license shall be active, current, and in good standing. If the applicant holds pharmacist licenses in multiple states, all licenses must be in good standing.  For the purposes of this regulation, “good standing” means that the applicant cannot be subject to active disciplinary actions in any state.  Examples include, but are not limited to, suspension, probation, practice restrictions, etc.
a.  	The applicant for license transfer shall use the Board designated clearinghouse for license transfer.  The applicant must submit the application for license transfer on forms approved by the Board, along with such other documents, fees and requirements as designated by the Board.
b.  	The applicant for license transfer must have passed a Board examination with a score meeting the Colorado standards at the time of original licensure.
c.  	Limitations.  An applicant for license transfer must pass a Board approved jurisprudence examination, which, for the purpose of this regulation, shall be the practical examination.  The passing point shall be set at 75 to reflect minimum competence.
d.  	Applicants for license transfer must have been licensed for at least one year or have served an Internship meeting the Colorado requirements at the time of original licensure.
e.  	No temporary license to practice pharmacy in the State of Colorado shall be granted.
4.02.00 Licensure by Examination.  The examinations for licensure as a pharmacist shall consist of an academic examination and a jurisprudence examination, each approved by the Board.
a.  	For licensure by examination the academic examination shall be fairly designed to test the applicant’s knowledge of pharmacy and other related subjects.  The passing point shall be set at 75 to reflect minimum competence.
b.  	The candidate for licensure by examination must pass a Board approved jurisprudence examination, which, for the purpose of this regulation, shall be the practical examination.  The passing point shall be set at 75 to reflect minimum competence.
c.  	If an applicant for licensure by examination passes only one of the required examinations, the applicant shall be required to repeat the failed examination.  If, after 24 months, the applicant has not passed both required examinations, he shall be required to also repeat the previously passed examination.
d.  	Score Transfer applicants must complete their licensure within one year from the date the score transfers are received by the Colorado State Board of Pharmacy.
e.  	If a candidate for licensure fails to appear for a scheduled examination, the fee shall be forfeited.  If the candidate later desires to take the examination, he/she shall reapply and pay the current fee.
f.  	Practice in lieu of internship.  One year of practice of pharmacy as a licensed pharmacist in another state may be accepted by the Board in lieu of a Colorado internship, if the candidate is seeking licensure by examination and has completed this year of practice prior to taking the examination.
g.  	Examination results.  Results of the examination for licensure by examination shall be released whether the candidate is eligible for licensure or not.  The Board's staff may release licenses to all candidates when all requirements have been met, and the Board shall act on such released licenses at the next scheduled meeting.
h.  	Intern hours obtained over five years past graduation from a school or college of pharmacy shall not be valid for the purposes of obtaining a license by examination or score transfer.
4.03.00 Reinstatement or Reactivation of Pharmacist License.
a.	If the license has been inactive or expired for over 24 months, a person wishing to reinstate or reactivate such license shall do the following:
(1)	Submit the appropriate application with the required fee; 
(2)	Submit 1 hour of continuing education for each month such license was inactive or expired.  Twenty-four (24) of these hours shall have been completed in the 24 months prior to application for reinstatement or reactivation; and
(3)	Take and pass the approved jurisprudence examination.  The passing point shall be set at 75 to reflect minimum competency.
b.	If the license has been expired or inactive for less than 24 months, a person wishing to reinstate or reactivate such license shall do the following:
(1)	Submit the appropriate application with the required fee; and
(2)	Submit 24 hours of continuing education completed within the 24 months prior to application.
4.04.00	Repealed.
4.05.00  License Changes.
a.  	Name change.  The Board records shall reflect a name change that has been appropriately reported.  When a licensee’s name changes, a duplicate license will not be required in the new name.  If the licensee wishes a copy of the license with the new name, the licensee shall pay the requisite fee.
b. 	Change of employment or address.  All pharmacists and interns shall notify the Board in writing within 30 days of any change of location of employment or change of address.
c.  	Change of manager.  A pharmacist shall immediately notify the Board in writing of the date he ceases to be the pharmacist manager of a prescription drug outlet.
4.06.00 Identification of Licensee.  A pharmacist shall at all times while on duty wear a badge which is visible to the patient and which shall state at least the title Pharmacist and license number.  Interns shall wear a badge labeled intern pharmacist.

Basis and Purpose:		The purpose of the amendments and additions to Rule 18 are to achieve conformity with the statutes governing Pharmacy Peer Health Assistance Program (Diversion Program) by clarifying that contractual responsibilities lie with the Peer Health Assistance Organization (“PHAO”), defining the responsibilities of the Rehabilitation Evaluation Committee (“REC”) in accordance with the governing statutes, and otherwise to give clear directions to each of these entities regarding their duties and responsibilities to each other, to the Board, and to the Licensees and Program Participants receiving Diversion Program services.  The amended Rule 18 further updates terms of individual Licensees’ program participation, confidentiality, eligibility, admission, and release from the Diversion Program in accordance with the governing statutes.
Statement of Authority:	The Board is granted authority to promulgate these rules pursuant to CRS sections 12-22-108, 12-22-110, 12-22-601, et seq., 24-4-103 and 24-72-204(3)(a)(I).

18.00.00  PHARMACY PEER HEALTH ASSISTANCE DIVERSION PROGRAM.
18.00.10    Definitions.
	a.	“Board” means the Colorado State Board of Pharmacy.
	b.	“Board-ordered” means a Licensee or Program Participant who has been ordered by the Board to enter or complete a Diversion Program Contract pursuant to:
1) 	a Stipulation and Final Agency Order, 
2) 	a Final Agency Order issued subsequent to an Initial Decision entered by an Administrative Law Judge following a disciplinary hearing pursuant to CRS 24-4-105, or 
3) 	a Board order entered pursuant to CRS 12-22-605(3) directing a Licensee to be evaluated and/or participate in the Diversion Program. 
	c.	“Diversion Program” means the treatment program and all associated services provided by the PHAO to the Program Participant.  
d.	“Diversion Program Contract” means a contract between the PHAO and a Program Participant to detail a treatment/recovery plan and provide other program services as outlined in the contract.
e.	“Licensee” means a person who is a pharmacist or pharmacist intern, who possess an active license issued by the Board, or has applied for licensure and paid all required fees.
f.	“PHAO” means a Peer Health Assistance Organization under contract with the Board which provides a formal, structured program that meets the requirements specified in Title 12, Article 22, Part 6 of the Colorado Revised Statutes.  Such program shall be administered by appropriate professionals for the purpose of assisting Licensees and Program Participants experiencing impaired practice to obtain evaluation, treatment, short-term counseling, monitoring of progress, and ongoing support for the purpose of arresting and treating the Licensee’s or Program Participant’s psychiatric, psychological, or emotional problems or excessive alcohol or drug use or addiction.
	g.	“PHAO Contract” means the contract between a Peer Health Assistance Organization (“PHAO”) and the Department of Regulatory Agencies, as awarded in accordance with State law, for operation of the Pharmacy Peer Health Assistance Diversion Program.
h.	“Program Participant” means a Licensee who is enrolled in the Diversion Program and has a Diversion Program Contract with the PHAO.
i.	“Program Participants with active cases” means those Licensees who are currently Board-ordered to receive an evaluation, treatment referral and/or monitoring with the PHAO, and those Licensees whose cases have been referred to the Office of Expedited Settlement or Office of the Attorney General.
	j.	“REC” means the Rehabilitation Evaluation Committee which is appointed by the Board to carry out specified duties pursuant to CRS 12-22-606.
18.01.00   Peer Health Assistance Organizations (PHAO).
18.01.10   General Responsibilities.  
	Each PHAO which enters a PHAO Contract to provide Diversion Program services for the Board shall be responsible for the following:
a.  	Performing assessments and evaluations of licensees who self-refer or are referred to the PHAO by the Board, and such additional evaluations and assessments as are deemed necessary by the PHAO or requested by the Board.
b.	Entering into a Diversion Program Contract with Licensees admitted into the program (“Program Participants”).
c.  	Informing each Program Participant of his/her rights and responsibilities under the Diversion Program Contract and the possible consequences of non-compliance.
d.  	Corresponding with Program Participants regarding Board actions relevant to the Program Participants.
e.  	Notifying a Program Participant, the Board and the REC of instances of noncompliance by the Program Participant or of the termination of the Program Participant from the program.
f.	Providing the Board and the REC with individual reports and assessments at least every two (2) months detailing new applicants for admission into the Diversion Program, 
g.  	Destruction of all material maintained by the PHAO three years after a Program Participant's successful completion of or termination from the program.
h.  	Other duties as set forth in the PHAO Contract.
	
18.01.12   Quarterly Reports to the Board by PHAO’s.
	On the 15th days of April, July, October, and January of each year, each PHAO shall submit compliance reports for the previous quarter for participants ordered to participate in the Diversion Program. Compliance reports may include summaries of, but are not be limited to:
	a.  	Records of attendance by Program Participants at all prescribed therapeutic activities including, but not limited to, counseling sessions, group meetings, and drug urine screens.
	b.  	Records of attendance and performance from the Program Participants’ supervisors/employers.
	c.  	Records of monitored Antabuse or other relevant prescribed medications/agents.
	d.  	Reports by treatment provider(s).
	e.  	Evaluations and assessments.
	f. 	Self-status reports.
	g.  	Reports as required by the Program Participants’ Diversion Program Contracts.
h.	Other details as required in the PHAO Contract.

18.01.12   Confidentiality.
	a.  	Any compliance report submitted by a PHAO to the REC or the Board regarding the progress of a Program Participant Diversion Program shall be reported to the Board by case number only, except as specified in paragraphs b through d below.
	b.  	Whenever any Program Participant tests positive for alcohol or drugs, or otherwise chronically and/or substantially fails to comply with his/her Diversion Program Contract, the PHAO shall report the Program Participant by name to the REC and the Board.
	c.  	When a failure to comply with the Diversion Program Contract has been reported to the REC and the Board, the Program Participant's treatment records and reports will no longer be kept confidential from the REC and the Board.  Such reports and records shall remain confidential and be subject to protection from further disclosure pursuant to CRS 24-72-204(3)(a)(I).
	d.  	The PHAO shall maintain and keep confidential a Program Participant’s Diversion Program records for three years after completion of or termination from the program and then destroy them.  
18.02.00  Responsibilities of Rehabilitation Evaluation Committee (REC).
	The REC shall be responsible for the following:
	a.  	Meet as necessary to review applications for participation in the Diversion Program.
	b.  	Make a recommendation to the Board for each application that the application be approved or rejected and briefly set forth the reasons for such recommendation.
	c.	For each applicant requesting to continue in practice while participating in the Diversion Program, make a recommendation to the Board whether such a request should be granted or denied and briefly set forth the reasons for such recommendation.
	d.  	Review progress reports concerning Program Participants submitted by the PHAO.
18.03.00	Diversion Program - Eligibility, Participation, Program Completion or Termination of Individual Licensees.
18.03.10   Program Participation.
	a.  	Voluntary Participation.  To be eligible for voluntary participation in the Diversion Program, a Licensee shall:
	1)  	Be a pharmacist or intern who possesses a currently active license in this state.
	2)  	Have a psychiatric, psychological or emotional problem or abuse alcohol and/or drugs in a manner which may affect the Licensee's ability to practice with reasonable skill and safety.
	3)  	Voluntarily request admission into the program.
	4)  	Agree to undergo reasonable evaluation and examination necessary for the determination of need and ability to participate in the program.
	5)   	Bear the cost of the program.
6)  	Cooperate by providing such evaluation and treatment information, disclosure authorizations and releases of liability as may be requested by the PHAO.
	7)  	Sign a written Diversion Program Contract with the PHAO including a treatment/recovery plan in which the Licensee agrees to comply with all elements of the Diversion Program. 
b.	Mandatory Participation.  A Licensee is eligible for Diversion Program participation and services if the Licensee:
	1)	Enters into a Stipulation and Final Agency Order wherein the Licensee agrees to participate in the Diversion Program as a term of disciplinary probation; or
	2)	Is ordered into the Diversion Program for treatment pursuant to a Final Agency Order following a disciplinary hearing; or
	3)	Is Board-ordered to enter into the Diversion Program for treatment pursuant to CRS 12-22-605(3).
	4)  	Has a psychiatric, psychological or emotional problem or abuses alcohol and/or drugs in a manner which may affect the Licensee's ability to practice with reasonable skill and safety.
	5)   	Bears the cost of the program.
6)  	Cooperates by providing such evaluation and treatment information, disclosure authorizations and releases of liability as may be requested by the PHAO.
	7)  	Signs a written Diversion Program Contract with the PHAO including a treatment/recovery plan in which the Licensee agrees to comply with all elements of the Diversion Program. 
c.	In the event that a previously voluntary Program Participant is subsequently Board-ordered to participate in and/or complete the Diversion Program, the Program Participant shall enter into a new Diversion Program Contract with the PHAO in which it is indicated that the Program Participant’s participation in the Diversion Program was Board-ordered.
18.03.11   Admission Procedures.
	a.  	Each Licensee requesting admission into the Diversion Program shall submit an application to the PHAO.  
 	b.	For each Licensee who applies for admission into the Diversion Program, the REC shall make a recommendation to the Board for admission or denial of admission into the Diversion Program.
	c.	In the case of a denial of any Licensee’s application for admission into the Diversion Program, the Board shall specify to the PHAO, in writing, grounds for the denial of a Licensee's application.
	d.  	At the time of application for admission to the Diversion Program, should the Licensee request to continue practicing while participating in the program, such request shall be evaluated by the REC with input from the PHAO, and a recommendation shall be made to the Board.
	e.  	Upon consideration of the REC’s recommendations, the Board may grant or deny the Licensee’s request to continue practicing.
	f.  	Each Program Participant will be assigned a case number by the PHAO for the purpose of confidential identification during the Program Participant's participation in the program in a manner consistent with Rule 18.01.13, above.
	g.  	The Program Participant shall enter into a Diversion Program Contract with the PHAO signed by Program Participant and an authorized representative of the PHAO.  The Diversion Program Contract is to be kept in the confidential files of the PHAO with a copy provided to the Program Participant and any other lawfully authorized parties.
	h.  	The term of any Diversion Program Contract between the Program Participant and the PHAO shall be determined by the PHAO as recommended to the Board by the REC, unless superseded by Board order.  The term of the Diversion Program Contract may be extended and/or retroactive credit may be given at the discretion of the PHAO unless superseded by Board order.
	i.	In any case where the Program Participant has been Board-ordered into the Diversion Program, the PHAO shall submit a copy of the Diversion Program Contract to the Board for inclusion in the Board’s files.
18.03.12   Reports to the Board for Non-Compliance.
	Notwithstanding any other provision of these Rules, if the PHAO determines that any applicant, Licensee, or Program Participant is unable to practice with reasonable skill and safety, the applicant, Licensee, or Program Participant shall be reported by name with supporting written documentation to the Board within twenty-four hours or the next working day.
18.03.13  Successful Discharge of a Program Participant from the Diversion Program. 
	A Program Participant shall be considered to have completed the Diversion Program when the Program Participant has complied with all of the terms and conditions of the Diversion Program Contract, has completed the contractual treatment program, and the PHAO has determined that the Program Participant can safely practice pharmacy without further treatment or monitoring.	
18.03.14   Termination of a Program Participant from the Diversion Program.
	A Program Participant may be terminated from his/her Diversion Program Contract with the PHAO for failure to comply with the treatment/recovery plan or any terms of the Diversion Program Contract with the PHAO.