(1)Medication reminder boxes or systems may be used if such containers have
been filled and properly labeled by a pharmacist licensed pursuant to article 280 of
title 12, a nurse licensed pursuant to part 1 of article 255 of title 12, or an unlicensed
person trained pursuant to this section or filled and properly labeled through the
gratuitous care by members of one's family or friends. Nothing in this section
authorizes or shall be construed to authorize the practice of pharmacy, as defined
in section 12-280-103 (39). An unlicensed person shall not fill and label medication
reminder boxes pursuant to this section until the person has successfully
completed a competency evaluation from an approved training entity or has been
approved by an authorized agency, and no facility shall
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(1) Medication reminder boxes or systems may be used if such containers have
been filled and properly labeled by a pharmacist licensed pursuant to article 280 of
title 12, a nurse licensed pursuant to part 1 of article 255 of title 12, or an unlicensed
person trained pursuant to this section or filled and properly labeled through the
gratuitous care by members of one's family or friends. Nothing in this section
authorizes or shall be construed to authorize the practice of pharmacy, as defined
in section 12-280-103 (39). An unlicensed person shall not fill and label medication
reminder boxes pursuant to this section until the person has successfully
completed a competency evaluation from an approved training entity or has been
approved by an authorized agency, and no facility shall use an unlicensed person to
perform such services unless the facility has a qualified manager to oversee the
work of the unlicensed person or persons.
(2) The department has, in addition to all other powers and duties imposed
upon it by law, the powers and duties provided in this section to develop and
implement rules with respect to the provisions in subsection (1) of this section
concerning the administration of medication reminder boxes.
(3) The executive directors of the departments that control the facilities
defined in section 25-1.5-301 (2)(a) and (2)(b) may direct the unlicensed staff of any
such facility to monitor medications in any part of any such facility. Administration
of medications in any such facility shall be allowed only in those areas of any such
facility that have a licensed physician or other licensed practitioner on duty.
Notwithstanding other training requirements established in this section, the
operator or administrator of every facility that hires an unlicensed person to
administer medications pursuant to this section shall provide on-the-job training for
such person, and all such unlicensed persons hired on or after July 1, 2017, shall be
adequately supervised until they have successfully completed the training. The on-the-job training must be appropriate to the job responsibilities of each trainee.
Facility operators and administrators shall require each unlicensed person who
administers medication in the facility to pass a competency evaluation pursuant to
section 25-1.5-302 (2) as a condition of employment in that facility. Facility
operators and administrators shall document each unlicensed person's satisfactory
completion of on-the-job training and passage of the competency evaluation in his
or her permanent personnel file.
(4) A person who self-administers medication is personally responsible for
medication administration. No facility shall be responsible for observing or
documenting the self-administration of medication. Compliance with the
requirements for the training of unlicensed persons in medication administration
pursuant to this section is not required when persons being cared for are self-administering.
(5) (a) All fees collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit the same to the medication administration cash
fund, which fund is hereby created.
(b) The general assembly shall make annual appropriations from the
medication administration cash fund for expenditures of the department incurred in
the performance of its duties under this section.
(c) Repealed.
(d) In accordance with section 24-36-114, C.R.S., all interest derived from the
deposit and investment of the medication administration cash fund created in
paragraph (a) of this subsection (5) shall be credited to the general fund.
Source: L. 2003: Entire article added with relocations, p. 697, � 2, effective
July 1. L. 2009: (3) amended, (SB 09-128), ch. 365, p. 1914, � 5, effective July 1. L.
2012: (1) amended, (HB 12-1311), ch. 281, p. 1628, � 72, effective July 1. L. 2016: (1),
(2), (3), and (5)(c) amended, (HB 16-1424), ch. 307, p. 1237, � 4, effective July 1. L.
2019: (1) amended, (HB 19-1172), ch. 136, p. 1698, � 145, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 702, � 58, effective July 1.