23.00.00  ELECTRONIC PRESCRIPTION MONITORING PROGRAM.
23.00.10	Definitions:
	a.	“Bona fide investigation,” for purposes of an investigation of an individual prescriber under investigation by a state regulatory board, means:
1. 	Any investigation conducted by any state regulatory board within the Colorado Division of Professions and Occupations, or the Director of the Colorado Division of Professions and Occupations and
		2.	Investigations pertaining to matters which are the subject of a complaint or notice of charges pending in the Office of Administrative Courts so long as the information obtained from the PDMP is made available by the state regulatory board to the respondent in the pending case.
	b.	“Bona fide research or education” means research conducted by qualified entities whose recognized primary purpose is scientific inquiry; the results of which would likely contribute to the basic knowledge of prescribing practitioners, dispensing pharmacists, or entities for the purpose of curtailing substance abuse of consumers.  The Board shall determine in its discretion on a case-by-case basis whether an individual or entity seeking access to the PDMP pursuant to CRS 12-42.5-404(5) constitutes “bona fide research or education” conducted by qualified personnel for purposes of satisfying the statutory limitations therein.
	c.	“Client”, as it pertains to a licensed veterinarian’s use of the PDMP, means the patient’s owner, the owner’s agent, or a person responsible for the patient.
	d.	“Clinical patient care services” means pharmaceutical care provided in a clinical setting.  The pharmacist providing clinical patient care services must be working closely with the physician/prescriber responsible for the patient’s care.  “Clinical patient care services” do not include monitoring previously dispensed prescriptions for any purpose in the absence of a current assessment of a patient whether in a clinical setting or not.
e.	“Law Enforcement Official” means any of the following:
1.	 Sheriff;
2.	Undersheriff;
3.	Certified deputy sheriff;
4.	Coroner;
5.	Police Officer;	
6.	Southern Ute Police Officer;
7.	Ute Mountain Ute police officer;
8.	Town marshall;
9.	CBI director and agents;
10.	Colorado state patrol officer;
11.	Colorado attorney general and any entity designated as “peace officers” by the Attorney General or acting on behalf of a state agency;
12.	Attorney general criminal investigator;
13.	District attorney and all assistants, deputies, etc. statutorily defined as “peace officers;”
14.	District Attorney chief investigator and investigators;
15.	Police administrator and police officers employed by the Colorado State Hospital in Pueblo; and

16.	Federal special agents.
	f.	“Legitimate program to monitor a patient’s controlled substance abuse” means a program in which prescribers actively monitor a patient’s controlled substance use. Such programs shall only involve patients in pain management or other controlled substance management programs.   Such programs shall actively monitor the patient’s controlled substance usage by means of urine or other drug screens in addition to the use of the PDMP.  The patient must be informed in writing that his/her controlled substance usage is being actively screened by various methods, including review of the PDMP.

	g.	“Mistreat”, as it pertains to a licensed veterinarian’s use of the PDMP, means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

	h.	“Patient”, as it pertains to a licensed veterinarian’s use of the PDMP, means an animal that is examined or treated by a licensed veterinarian and includes herds, flocks, litters and other groups of animals.
	i.	“PDMP” means the Electronic Prescription Drug Monitoring Program.
	j.	“Prescriber” or “practitioner” means a licensed health care professional with authority to prescribe a controlled substance.
	k.         “Prescription Drug Outlet” or “Dispenser” means any resident or nonresident pharmacy registered with the Board.
	l.	“Qualified personnel” means persons who are appropriately trained to collect and analyze data for the purpose of conducting bona fide research or education.
	m.	“Valid photographic identification” means any of the following forms of identification which include an identifying photograph:
		1.	A valid driver’s license, or identification issued by any United States state;
		2.	An official passport issued by any nation; or
		3.	A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel’s dependents.

23.00.70 	PDMP Access
The PDMP shall be available for query only to the following persons or groups of persons:

a.	Board staff responsible for administering the PDMP;

b.	Any licensed practitioner, or up to three (3) trained individuals designated by the practitioner by way of registered PDMP sub-accounts of the prescriber to act on the prescriber’s behalf in accordance with 12-42.5-403(1.5)(b), (c) and (d), C.R.S., with the statutory authority to prescribe controlled substances to the extent the query relates to a current patient of the practitioner;

c.	Any licensed veterinarian with statutory authority to prescribe controlled substances, to the extent the query relates to a current patient or to a client and if the veterinarian, in the exercise of professional judgment, has a reasonable basis to suspect the client has committed drug abuse or has mistreated an animal;

d.	Licensed pharmacists, or up to three (3) trained individuals designated by the pharmacist by way of registered PDMP sub-accounts of the pharmacist to act on the pharmacist’s behalf in accordance with 12-42.5-403(1.5)(b), (c) and (d), C.R.S., or a pharmacist licensed in another state, with statutory authority to dispense controlled substances to the extent the information requested relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing a controlled substance or prescription drug or a patient to whom the pharmacist is currently providing clinical patient care services;

e.	Practitioners engaged in a legitimate program to monitor a patient’s controlled substance abuse;

f.	Law enforcement officials so long as the information released is specific to an individual patient, prescriber, or prescription drug outlet and part of a bona fide investigation and the request for information is accompanied by an official court order or subpoena.  Such official court orders or subpoenas shall be submitted with the Board-provided form;

g.	The individual who is the recipient of a controlled substance prescription so long as the information released is specific to such individual.  The procedure for individuals to obtain such information is as follows:  

1.	The individual shall submit a written, signed request to the Board on the Board-provided form; 

2.	The individual shall provide valid photographic identification prior to obtaining the PDMP information; 

3.	An individual submitting a request on behalf of another individual who is the recipient of a controlled substance prescription may only obtain PDMP information if the following documents are provided: 

(A)	The original document establishing medical durable power of attorney of the  individual submitting the request as power of attorney for the individual who is the recipient of the controlled substance prescription, and

(B)   Valid photographic identification of the individual submitting the request.

h.	State regulatory boards within the Colorado Division of Professions and Occupations and the Director of the Colorado Division or Professions and Occupations so long as the information released is specific to an individual prescriber and is part of a bona fide investigation and the request for information is accompanied by an official court order or subpoena.  Such official court orders or subpoenas shall be submitted with the Board-provided form; and

i.	A resident physician with an active physician training license issued by the Colorado medical board pursuant to section 12-36-122 and under the supervision of a licensed physician to the extent the query relates to a current patient of the resident physician to whom the resident physician is prescribing or considering prescribing a controlled substance. 

j.	The Department of Public Health and Environment for purposes of population-level analysis, but any use of the program data by the department is subject to the federal “Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any rules promulgated pursuant to HIPAA, including the requirement to remove any identifying data unless exempted from the requirement.

k.	A person authorized to access the PDMP may knowingly release PDMP information specific to an individual or to the individual’s treating providers in accordance with HIPAA, Pub.L. 104-191, as amended, and any rules promulgated pursuant to HIPAA without violating Part 4 of Title 12, Article 42.5.