[Colorado-Talk] Colorado Pharmacy Board Virtual Stakeholder Meeting on August 19 and Official NFB of Colorado Statement On Proposed Rules

[Curtis Chong]

Greetings all:

 

On Monday, August 19, at 10:00 a.m., the Colorado Pharmacy Board is holding
what it calls a stakeholder meeting to discuss rules and regulations to
implement various pieces of legislation that have been signed into law. Of
particular interest to the blind of Colorado is HB24-1115, a bill signed by
Governor Jared Polis on June 3, requiring pharmacies to provide accessible
prescription labels for patients who are unable to read or see the standard
printed labels.

 

All of us want accessible prescription labels to be available at every
pharmacy where we pick up our medications. Here is the rule language that
pertains to accessible prescription drug labeling.

 

<Begin Excerpt>

 

3.00.30            Labeling.

c.         In addition to complying with all applicable labeling
requirements pursuant to section 12-280-124, C.R.S., each prescription drug
outlet shall apply to the Board, for its approval, if the prescription drug
outlet offers a patient an alternative method to access a prescription drug
label other than the methods specified in section 12-280-124(4)(b)(I) to
(4)(b)(IV), C.R.S.  When applying to the Board for an alternative method,
each prescription drug outlet shall demonstrate to the Board that the method
to access a prescription drug label is substantially similar to the method
of access the patient requested and meets the needs of the patient.

 

<End Excerpt>

 

According to the above language, pharmacies are required to apply to the
Colorado Pharmacy Board for its approval only if the prescription drug
outlet offers a patient an alternative method that is not explicitly
specified in HB24-1115. These include:

 

1.         an electronic label affixed to the prescription drug container
that transmits prescription drug label information, directions, and written
instructions to a patient's external accessible device, including a
patient's compatible prescription drug reader; 

2.         a prescription drug reader provided to the patient at no cost;

3.         a prescription drug label in Braille or large print; or

4.         any other method included in the best practices for access to
prescription drug labeling information by the United States Access Board, or
its successor organization.

 

While the Best Practices
<https://www.access-board.gov/rx.html#working-group-recommendations>
specified by the Access Board include just about every imaginable form of
accommodation possible (including an audio playback device that would
contain information recorded by the pharmacist), this then gives pharmacies
a good deal of discretion here without much in the way of specific
regulation.

 

In any event, if you want to attend the August 19 stakeholder meeting, send
your browser to
https://us06web.zoom.us/webinar/register/WN_DH8wW09zQYmPWF71djROLQ?utm_mediu
m=email
<https://us06web.zoom.us/webinar/register/WN_DH8wW09zQYmPWF71djROLQ?utm_medi
um=email&utm_source=govdelivery> &utm_source=govdelivery to register to
attend the stakeholder meeting.

 

If you want to send in written comments about the importance, to you, of
having accessible prescription labels, you can email
dora_dpo_rulemaking at state.co.us <mailto:dora_dpo_rulemaking at state.co.us> .

 

Here, in relevant part, are the written comments submitted by the NFB of
Colorado.

 

<Begin Excerpt>

 

On behalf of the National Federation of the Blind of Colorado, we would like
to express our appreciation to the Colorado State Board of Pharmacy for
speedily publishing draft rule language to implement HB24-1115. HB24-1115,
signed into law by Governor Polis on June 3, 2024, requires pharmacies to
provide patients who have difficulty seeing or reading the standard labels
on prescription drug containers with alternative and more accessible forms
of labeling. These forms include:

 

1.         an electronic label affixed to the prescription drug container
that transmits prescription drug label information, directions, and written
instructions to a patient's external accessible device, including a
patient's compatible prescription drug reader; 

2.                     a prescription drug reader provided to the patient at
no cost;

3.                     a prescription drug label in Braille or large print;
or

4.         any other method included in the best practices for access to
prescription drug labeling information
<https://www.access-board.gov/rx.html#working-group-recommendations>  by the
United States Access Board, or its successor organization.

 

We are fully in support of 3.00.00, Paragraph C, which clarifies that
pharmacies are required to apply to the Colorado Pharmacy Board for its
approval only if the prescription drug outlet offers a patient an
alternative method that is not explicitly specified in HB24-1115. However,
we ask the Pharmacy Board to consider whether there needs to be language
added in the rules implementing HB24-1115 to clarify that accessible
prescription labels must be offered at every pharmacy prescription drug
outlet and not just at a handful of locations. Today, some pharmacies
operating in Colorado do offer some form of accessible prescription drug
labeling but only at a few specific locations or through prescription drug
delivery by mail. People who are blind or otherwise print-disabled deserve
to have accessible prescription labels available to them wherever they shop
for and pick up their medications. If only select prescription drug outlets
possess the capability to produce accessible prescription labels, then the
spirit behind HB24-1115 will not be honored.

 

<End Excerpt>

 

Kindest regards,

 

Curtis Chong

 

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