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 must transfer a license, which was issued by another state which is current and in good standing.  IF THE APPLICANT HOLDS CURRENT 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:		Rule 5.01.31 (e) does not currently require all pharmacies to store injectable drugs in their refrigerator or freezer to ensure on a daily basis that the drugs are stored at the appropriate temperature to avoid adulteration.  The proposed changes to the rule will require pharmacies to monitor the refrigerator or freezer temperatures daily or have electronic monitoring of refrigerator or freezer temperatures. 
Statement of Authority:	The Board is granted authority to promulgate these rules pursuant to CRS sections 12-22-108, 12-22-110(2), 12-22-120(2), and 24-4-103.

5.01.31 Within every prescription drug outlet as defined in CRS 12-22-102(30.2), there shall be one area designated as the principal compounding/dispensing area. In addition to the principal compounding/dispensing area there may be one or more satellite compounding/dispensing areas (“satellites”) which are located in the same building as the principal compounding/dispensing area.  The principal compounding/dispensing area and any satellite shall comply with the following conditions:
a.  	The principal compounding/dispensing area shall not be less than 225 continuous square feet, except that prescription drug outlets registered by the Board prior to the effective date of this regulation that do not meet this space requirement are hereby exempted from such requirement.  However, any new prescription drug outlet shall comply with this requirement prior to the granting of the initial registration.  Any existing prescription drug outlet which is being remodeled or is being moved from one location to another, whether or not there is a change of address, shall submit documentation required by the Board prior to remodeling or relocation.  Satellite compounding/dispensing areas at the same location must not be less than 100 continuous square feet and must be approved by the Board prior to use for compounding/dispensing.
b.  	All compounding/dispensing areas shall be well-lighted and well-ventilated with clean and sanitary surroundings devoted primarily to compounding/dispensing.  These areas shall provide necessary protection for drugs, chemicals and devices from deterioration due to light, heat or evaporation and shall be arranged to protect all prescription drugs and devices from pilferage or other unauthorized removal.  No areas shall be subject to any condition likely to lead to errors.
c.  	There shall be a minimum of 12 continuous square feet of compounding/dispensing area, and a minimum of 6 continuous square feet of compounding/dispensing area for each person engaged in compounding/dispensing as defined. These counters and surfaces shall be kept free and clear at all times for the purpose of compounding/dispensing.  Any computer workstation or other equipment for the preparation of prescription labels and/or storage and retrieval of records shall be in addition to the minimum free compounding/dispensing area.
(1) 	The free floor space behind all compounding/dispensing counters or work surfaces shall be not less than 30 inches in width;
(2)  	The free floor space between shelf sections shall be not less than 24 inches;
(3)  	There shall be sufficient shelf, drawer and/or cabinet space for proper storage of prescription drugs and devices.
d.  	In the principal compounding/dispensing area there shall be a sink, equipped with running hot and cold water, which is attached to an approved drain, waste and vent system, or to a portable enclosed tank which is emptied as frequently as necessary. Each satellite area shall also be so equipped if appropriate to the compounding/dispensing activities which are or will be performed therein.
e.  	The following minimum professional and technical equipment shall at all times be located within at least one of the compounding/dispensing areas:
(1)  	Pharmaceutical graduates capable of accurately measuring volumes from 1 ml to at least 250 ml.
(2)  	Spatula.
(3)  	Ointment slab or ointment pads.
(4)  	Glassine papers for weighing and compounding.
(5)  	Suitable containers for various dosage forms.
(6)  	Prescription balance meeting minimum compendia sensitivity.
(7)  	Weights:  appropriate metric.
(8)  	Refrigeration meeting the compendia requirements and with an accurate thermometer in the refrigerator.  THE TEMPERATURE OF WHICH SHALL BE MAINTAINED BETWEEN TWO AND EIGHT DEGREES CELSIUS (2 AND 8 DEGREES C.) OR THIRTY-SIX AND FORTY-SIX DEGREES FAHRENHEIT (36 AND 46 DEGREES F.).  IF A PRESCRIPTION DRUG OUTLET STORES INJECTABLE DRUGS, THE TEMPERATURE SHALL BE EITHER MANUALLY OR ELECTRONICALLY MONITORED AND RECORDED EACH BUSINESS DAY.  RECORDS PERTAINING TO RECORDED TEMPERATURES SHALL BE MAINTAINED AT THE PRESCRIPTION DRUG OUTLET AND SHALL BE MADE READILY AVAILABLE FOR INSPECTION UPON REQUEST BY THE BOARD OR ITS REPRESENTATIVES FOR A PERIOD OF NOT LESS THAN TWO YEARS PRECEEDING THE REQUEST.
(9)	A FREEZER MEETING THE COMPENDIA REQUIREMENTS AND WITH AN ACCURATE THERMOMETER IN THE FREEZER.  THE TEMPERATURE OF WHICH SHALL BE MAINTAINED BETWEEN TWENTY FIVE DEGREES BELOW ZERO AND TEN DEGREES BELOW ZERO CELSIUS (– 25 AND – 10 DEGREES C.) OR THIRTEEN DEGREES BELOW ZERO AND FOURTEEN DEGREES FAHRENHEIT (– 13 AND 14 DEGREES F.).  IF A PRESCRIPTION DRUG OUTLET STORES INJECTABLE DRUGS, THE TEMPERATURE SHALL BE EITHER MANUALLY OR ELECTRONICALLY MONITORED AND RECORDED EACH BUSINESS DAY.  RECORDS PERTAINING TO RECORDED TEMPERATURES SHALL BE MAINTAINED AT THE PRESCRIPTION DRUG OUTLET AND SHALL BE MADE READILY AVAILABLE FOR INSPECTION UPON REQUEST BY THE BOARD OR ITS REPRESENTATIVES FOR A PERIOD OF NOT LESS THAN TWO YEARS PRECEEDING THE REQUEST.
(10)  	Any other such equipment as may be necessary for the safe compounding and dispensing of drug products.

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.
18.01.10  	Peer Health Assistance Organizations (PHAO).
18.01.11  	Eligibility for Awards.
	In addition to the provisions of CRS 12-22-603(3)(c)(l) through (VII) a PHAO shall provide for licensees experiencing impaired practice as defined in CRS 12-22-602(2) the following:
	a.  	An initial assessment and interview of licensees who apply to participate in the diversion program.
	b.  	An initial evaluation report for the Rehabilitation Evaluation Committee within 10 working days of a licensee being referred by the REC.
	c.  	Monitoring of the compliance of all licensees with recovery/treatment plan as  established between the PHAO and the licensee.
	d.  	Except as provided above, quarterly written reports to the REC for each licensee in the program.
	e.  	Report(s) within 72 hours to the REC regarding any licensee's failure to comply with the contractual/recovery plan.
	f.  	Phone contacts and provide a written notice to the REC within 24 hours or the next working day when any licensee is unsafe to practice with reasonable skill and safety.
	g.  	A current network of treatment programs and support groups for referral of licensees.
	h.  	Other duties as set forth in the contract with the Board of Pharmacy ("Board").
18.01.12  	Compliance Reports.  Each PHAO and/or licensee shall provide to the REC compliance reports on the licensee in the diversion program on a quarterly basis. Compliance reports may include summaries of, but shall not be limited to:
	a.  	Records of attendance at all prescribed therapeutic activities including, but not limited to, counseling sessions and group meetings.
	b.  	Records of attendance and performance from the licensee's supervisor/employer.
	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 licensee's recovery/treatment plan or licensee's contract with the REC.
18.01.13  	Demographic Reports.  Each PHAO shall provide to the REC on an annual basis demographic data including but not limited to:
	a.  	Number of pharmacists and interns who are participants in the programs and who receive services from the PHAO.
	b.  	Age and gender of the licensees who are in the program.
	c.  	Practice setting.
	d.  	Number of licensees who are in compliance with their treatment/recovery plan.
	e.  	Number of licensees who are terminated from PHAO services for non-compliance.
	f.  	Number of successful discharges.
18.01.14  	Financial Reports.  Each peer health assistance organization shall provide to the Board quarterly financial reports explaining how the funds were expended so as to comply with CRS 12-22-604(3).
18.01.15  	Confidentiality.
18.01.16  	Any compliance report submitted by a PHAO to the REC regarding a licensee in the diversion program shall be reported by case number, except as outlined below.
18.01.17  	Reports provided to the REC by the PHAO will be maintained in the Board offices in the custody of the Program Administrator.
18.01.18  	Whenever any licensee fails to comply with his/her PHAO treatment/recovery plan such failure will be reported by the PHAO to the REC, which may report such non-compliance to the Board.
18.01.19  	When a failure to comply with the PHAO treatment/recovery plan has been reported to the Board, the individual's REC records and reports will no longer be confidential from the Board under this program.  Such reports and records shall be subject to the provisions of CRS 24-72-203 and CRS 24-4-104.
18.01.20  	If a participant successfully completes the program, the participant's records in the possession of the REC shall be maintained for three years and then destroyed.  Notice of intent to destroy a licensee's diversion program records shall be sent to the licensee's last known address 30 days prior to destruction.
18.02.10  Participants.
18.02.11  	Eligibility.  To be eligible for participation in the diversion program, a licensee shall:
	a.  	Be a pharmacist or intern licensed by this state.
	b.  	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.
	c.  	Voluntarily request admission into the program.
	d.  	Agree to undergo reasonable evaluation and examination necessary for the determination of need and ability to participate in the program.
	e.   	Bear the cost of the program.
	f.  	Cooperate by providing such evaluation and treatment information, disclosure authorizations and releases of liability as may be requested by the REC and/or PHAO.
	g.  	Sign a written agreement with the PHAO to comply with all elements of the diversion program including a recovery plan.
	h.  	Sign a written agreement with the REC to comply with all elements of the diversion program.
18.02.12  	Admission Procedures.
18.02.13  	Each licensee requesting admission into the diversion program shall submit an application to the REC.
18.02.14  	Licensees may self-report to the REC.
18.02.15  	Each licensee requesting admission into the diversion program shall be available for an interview with selected members of the REC, upon such request by the committee.
18.02.16  	Each licensee admitted will be assigned a case number by the PHAO for purpose of confidential identification during the licensee's participation in the program.
18.02.17  	The licensee shall have his/her contract with the REC signed by an authorized representative of the REC.  The contract is to be kept in the confidential files of the REC with a copy to the PHAO and the licensee.
18.02.18  	The term of any contract between the licensee and the REC shall be determined by the REC unless superseded by Board order.  The term of the contract may be extended and/or retroactive credit may be given at the discretion of the REC.
18.02.19  	The licensee shall have a contract with the PHAO, signed by an authorized representative of the PHAO and others as necessary.  The contract shall be kept in the PHAO confidential files with copies provided to authorized parties as needed.
18.02.20  	The REC shall make recommendations to the Board for admission or denial of admission into the program, as well as continuation of practice and/or restriction of practice, as appropriate to the licensee, throughout the licensee's participation in the program.
18.02.21  	The Board shall specify to the REC, in writing, any grounds for denial of a licensee's admission into the program.
18.02.22  	Should the licensee request to practice while participating in the diversion program, such request shall be evaluated by the REC with input from the PHAO, and a recommendation made to the Board.
18.02.23  	The Board may permit the continuation of practice, the removal from practice, or may place restrictions on the practice of the licensee as specified in CRS 12-22-125.2 as condition(s) of admission into the program.
18.02.24  	If the Board receives a written complaint, that if proven would constitute a violation of CRS 12-22-125 or CRS 12-22-126, the licensee shall be notified and given 20 days from the date of the notice to respond to the Board.
18.02.25  	If the Board has reasonable cause to believe that a licensee is in violation of CRS 12-22-125 and/or CRS 12-22-126, the Board may refer a licensee to the REC by formal motion for admission into the program.
18.02.26  	If the PHAO reports to the REC that a licensee is unable to practice with reasonable skill and safety, such information and the case number of the licensee shall be disclosed to the Board within twenty-four hours or the next working day.
18.02.27  	If the REC receives information from a PHAO, that if proven would constitute a violation of CRS 12-22-125 and/or CRS 12-22-126,  the licensee named shall be advised by the REC to seek admission into the program within 20 days from the date of the notice.  The licensee will notify the REC of his/her actions.
18.02.28  	If no response is received by the REC from the licensee within 20 days from the date of the notice, or the licensee refuses to apply for admission into the program, the REC shall notify the Board and the Board shall proceed with formal disciplinary action.
18.02.29  	Successful Discharge from the Diversion Program.
	a.  	A licensee shall be considered to have completed the program when he/she has met the following conditions:
(1)  	Has been in compliance with all of the terms of the contract with the REC and has completed the contractual treatment program.
(2)  	Shall be available for an interview with two designated members of the REC upon request and reasonable notice.
	b.  	A licensee is considered to have completed the program if he/she transfers his/her license to another state and submits to the jurisdiction of that state's Board of Pharmacy for a diversion program or for discipline, and the other state notifies the Colorado Board of Pharmacy of its action.
18.02.30  	Termination of a Licensee from the Diversion Program.
A licensee may be terminated from his/her contract with the REC for any of the following reasons:
	a.  	Failure to comply with his/her treatment plan or any terms of the contract with the REC.
	b.  	The licensee has become unsafe to practice with reasonable skill and safety.
	c.  	Transfer to another state and failure to submit to that state's Board of Pharmacy for discipline or admission to a diversion program.
18.03.10  	Rehabilitation Evaluation Committee.
18.03.11  	Responsibilities.  The committee shall be responsible for:
	a.  	Entering into a contract with those licensees who are admitted into the program.
	b.  	Informing each licensee admitted into the program of his/her rights and responsibilities under the program and the possible consequences of non-compliance.
	c.  	Evaluation and recommendation to the Board regarding continuation of a contract between the Board and each PHAO receiving awards from the diversion fund.
	d.  	Reporting to the Board.
	e.  	Corresponding with the licensee regarding Board or REC actions.
	f.  	Reviewing the reports submitted by the PHAO.
	g.  	Notifying the licensee, the Board and the PHAO of the termination of any licensee from the program.
	h.  	Destruction of all confidential material maintained by the REC three years after the licensee's successful completion of the program.
18.03.12  	Administration.
18.03.13  	The committee shall elect a chairperson and a vice-chairperson.
18.03.14  	The Board shall provide adequate clerical support to maintain files, correspondence, and the routine business of the REC.

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 12-2-105, 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 ELIGIBILITY.
	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)  	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.
	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. 

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.