Rule 900
3 CCR 713-32
COLORADO MEDICAL BOARD

RULES AND REGULATIONS REGARDING THE RESPONSIBILITIES OF A PHYSICIAN WHO ENGAGES IN DRUG THERAPY MANAGEMENT WITH A COLORADO LICENSED PHARMACIST

STATEMENT OF BASIS AND PURPOSE

1. BASIS. The general authority for promulgation of these Rules by the Colorado Medical Board (“Board”) is set forth in Sections 12-36-104(1)(a), C.R.S. and 24-4-103, C.R.S.

2. PURPOSE. The Board has adopted these Rules to delineate the requirements and responsibilities applicable to a licensed physician who enters into an agreement with a Colorado licensed pharmacist to provide “drug therapy management” by protocol as defined in these Rules. Colorado State Board of Pharmacy Rule 6.00.00 (“Pharmaceutical Care, Drug Therapy Management and Practice by Protocol”) defines the requirements and responsibilities applicable to a Colorado licensed pharmacist who enters into an agreement with a Colorado licensed physician to provide “drug therapy management” by protocol.

RULES AND REGULATIONS

1. Definitions

a. “Active, unrestricted license” means a license that is not currently subject to any practice restrictions, terms, or conditions, including but not limited to terms of probation.

b. “Board” means the Colorado Medical Board unless otherwise specified in these Rules.

c. “Drug therapy management” means the review and evaluation of drug therapy regimens for patients undertaken by a pharmacist in order to provide drug therapy, monitor progress and modify drug therapy. Drug therapy management may only be undertaken pursuant to an initial diagnosis made by a licensed physician, a valid order for the therapy, and a written agreement, which delineates proper protocols to be used, and the type of interaction that must occur between the pharmacist and the physician. Therapeutic interchange programs in inpatient and group model integrated closed HMO settings that are approved by medical staff committees are not considered drug therapy management for purposes of these Rules. Drug therapy management may include:

1.  Collecting and reviewing patient drug histories;

 2. Obtaining and checking vital signs;

 3. Ordering and evaluating the results of laboratory tests directly related to management of the drug therapy when performed in compliance with the protocol ordered by the physician;

4.  Modifying drug therapy when appropriate, in compliance with the protocol ordered by the physician; and

5. Implementing the drug therapy plan agreed upon between the physician and the pharmacist, using a protocol and managing the therapy according to the protocol.

d. “Protocol” means a specific written plan for a course of medical treatment for a certain disease state containing a written set of specific directions created by the physician, groups of physicians, hospital medical committee, or pharmacy and therapeutics committee.

2. Eligibility to Enter into a Drug Therapy Management Agreement:

a. A physician may engage in drug therapy management by protocol with a Colorado licensed pharmacist only when the protocol used is within the scope of the physician’s current practice and are consistent with the physician’s education, training and experience.

b. Only a physician with an active, unrestricted Colorado license may engage in a drug therapy management agreement with a Colorado licensed pharmacist. Upon a showing of good cause and written request, the Board may allow a physician with a restricted license to engage in drug therapy management with a Colorado licensed pharmacist. Consideration shall be given on a case by case basis. It is anticipated that such waivers would be rare. The decision to grant such a waiver shall be in the sole discretion of the Board.

c. A physician may engage in a drug therapy management agreement only with a Colorado licensed pharmacist who has an active, unrestricted license to practice pharmacy and who meets the qualifications to provide drug therapy management as determined by the Colorado State Board of Pharmacy and set forth in Pharmacy Board Rule 6.00.30.

3. Protocol Requirements:

a. The protocol used by a physician and pharmacist engaging in drug therapy management must follow the format of and contain the elements required in Exhibit A, which is attached to these Rules.

b. The protocol used by a physician and pharmacist engaging in drug therapy management must demonstrate a plan of treatment that constitutes evidence-based medicine. This means that the plan of treatment must be guided by or based on current, objective, and supported scientific evidence as published in scientific literature, rather than anecdotal observations.

c. The protocol shall be signed and dated by the authorizing physician or chairperson of the authorizing group or committee. Upon request, the physician shall submit the written protocols for drug therapy management to the Board for review.

d. The protocol shall be reviewed and revised as necessary by the physician, at least annually. The protocol must also be revised in a timely fashion to reflect any changes in the accepted standard of medical care. The protocol developed must allow for the provision of patient care that meets generally accepted standards of medical practice.

4. Requirements for Written Agreements or General Authorization Plans:

a. Physicians who wish to engage in drug therapy management with Colorado licensed pharmacists in an inpatient setting or in a group model integrated closed HMO setting must first execute a general authorization plan. The general authorization plan must identify those physicians and pharmacists who are authorized and who have agreed to participate in drug therapy management in the specified practice setting. The general authorization plans must define the responsibilities of physicians and pharmacists engaging in drug therapy management in order to assure compliance with generally accepted standards of medical practice and with those items set forth in paragraph 4.b. of these Rules.

b. A physician who wishes to engage in drug therapy management by protocol with a Colorado licensed pharmacist in any other setting must first execute a written agreement containing the following information:

1. Pharmacist’s name;

 2. Physician’s name;

 3. Diagnoses relevant to the drug therapy to be managed and other patient conditions relevant to maintenance of the patient’s health during drug therapy management;

 4. Protocol to be employed;

 5. Functions and activities the pharmacist will perform, and restrictions or limitations on the pharmacist’s management;

 6. Method, content and frequency of reports to the physician;

 7. Manner in which pharmacist’s drug therapy management will be monitored by the physician, including method and frequency;

 8. A specified time, not to exceed 24 hours (excluding Saturdays, Sundays and State holidays), within which the pharmacist must notify the physician or when applicable, the covering physician, of any modifications of drug therapy;

9. A provision that allows the physician to override any action taken by the pharmacist when the physician deems it to be necessary;

10. An effective date of the agreement and signatures of both parties;

11. A provision addressing how drug therapy management will be handled when the patient has more than one physician involved in evaluating or treating the medical condition which is the subject of the agreement. All physicians who are actively involved in the management of the relevant conditions shall be parties to the agreement.

12. A provision that the pharmacist agrees to maintain liability insurance in the amount of at least $1,000,000 per occurrence.

c. Any general authorization plan or written agreement executed in accordance with these Rules must allow any physician or pharmacist to withdraw from the general authorization plan or written agreement within a period of time specified in the agreement.

5. Record Keeping and Retention of Records

a. A physician who engages in drug therapy management by protocol with a Colorado licensed pharmacist must obtain copies of the pharmacist’s records for each patient in a timely manner and must review such records.

b. The physician’s receipt and review of the records are important for the following reasons:

1. to assure that the drug therapy management is in compliance with the protocol and with these Rules;

2. to assure that the physician’s decision to participate in drug therapy management is consistent with generally accepted standards of medical practice;

3. to assure that the patient’s drug therapy management records are complete; and

4. to assure that the physician is providing overall care to the patient that meets generally accepted standards of medical practice.

Adopted 10/13/05, Effective 11/30/05; Revised 08/19/10, Effective 10/15/10; REVISED 11/19/15, EFFECTIVE  1/14/16