(1) A pharmacy used by a nursing care facility or a long-term acute care hospital licensed under part 1 of article 3 of title 25 may make a therapeutic interchange or a therapeutically equivalent selection for a patient if, during the patient's stay at the facility, the selection has been approved for the patient:
(a) In accordance with written guidelines and procedures for making therapeutic interchange or therapeutically equivalent selections, as maintained in a current and readily available manner at the dispensing prescription drug outlet and as developed by a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is formed by the facility in accordance with 42 CFR 483.75; and
(b) By one of the following health-care providers:
(I) A physician licensed under article 240 of this title 12;
(II) A physician assistant licensed under section 12-240-113; or
(III) An advanced practice registered nurse prescriber licensed as a professional nurse under section 12-255-110, registered as an advanced practice registered nurse under section 12-255-111, and authorized to prescribe controlled substances or prescription drugs pursuant to section 12-255-112.
(2) The board may adopt rules as necessary to implement this part 5.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1502, § 1, effective October 1. L. 2020: (1)(b)(III) amended, (HB 20-1216), ch. 190, p. 882, § 31, effective July 1. L. 2023: (1)(b)(II) amended, (SB 23-083), ch. 114, p. 414, § 7, effective August 7.