3 Colo. Code Regs. § 719-1-24.00.00
Current through Register Vol. 47, No. 20, October 25, 2024
Section 3 CCR 719-1-24.00.00 - CONFIDENTIAL AGREEMENTS24.00.10 No later than thirty days from the date a physical or mental illness or condition impacts a pharmacist's or pharmacy intern's ability to practice pharmacy with reasonable skill and safety, the pharmacist or pharmacy intern shall provide the Board, in writing, the following information: a. The diagnosis and a description of the illness or condition;b. The date that the illness or condition was first diagnosed;c. The name of the current treatment provider and documentation from the current treatment provider confirming the diagnosis, date of onset, and treatment plan;d. A description of the pharmacist's or pharmacy intern's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition; ande. Whether the pharmacist or pharmacy intern has been evaluated by, or is currently receiving services from the Board's authorized Peer Health Assistance Diversion Program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.24.00.20 The pharmacist or pharmacy intern shall further notify the Board of any significant change in the illness or condition ("change of condition") that impacts the pharmacist's or pharmacy intern's ability to practice pharmacy with reasonable skill and safety. The pharmacist or pharmacy intern must notify the Board of a positive or negative change of condition. Such notification shall occur within thirty days of the change of condition. The pharmacist or pharmacy intern shall provide the Board, in writing, the following information:a. The date of the change of condition;b. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan; andc. A description of the licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of condition.24.00.30 Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Board pursuant to sections 12-280-136 and 12-30-108, C.R.S. However, mere compliance with this Rule does not require the Board to enter into a Confidential Agreement. Rather, the Board will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.
24.00.40 If the Board discovers that a pharmacist or pharmacy intern has a mental or physical illness or condition that impacts the pharmacist's or pharmacy intern's ability to practice pharmacy with reasonable skill and safety and the pharmacist or pharmacy intern has not timely notified the Board of such illness or condition, the pharmacist or pharmacy intern shall not be eligible for a Confidential Agreement and may be subject to disciplinary action pursuant to section 12-280-126(1)(r), C.R.S.24.00.50 A pharmacist or pharmacy intern who has a substance use disorder or engages in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance as defined in section 12-280-126(1)(e), C.R.S., shall seek assistance from the Diversion Program as governed by section 12-280-204, C.R.S. Such pharmacists or pharmacy interns are not eligible to enter into a confidential agreement with the Board pursuant to sections 12-280-136 and 12-30-108, C.R.S.37 CR 18, September 25, 2014, effective 10/15/201438 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 19, October 10, 2016, effective 11/14/201640 CR 04, February 25, 2017, effective 3/17/201740 CR 20, October 25, 2017, effective 11/14/201741 CR 16, August 25, 2018, effective 9/17/201842 CR 21, November 10, 2019, effective 11/30/201943 CR 10, May 25, 2020, effective 5/1/202043 CR 08, April 25, 2020, effective 5/15/202043 CR 15, August 10, 2020, effective 8/30/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 04, February 25, 2021, effective 3/17/202144 CR 08, April 25, 2021, effective 5/15/202144 CR 21, November 10, 2021, effective 11/30/202145 CR 20, October 25, 2022, effective 9/29/202245 CR 21, November 10, 2022, effective 11/30/2022