36-447.02. Nursing care institutions; therapeutic substitutions
A. A nursing care institution's quality assessment and assurance committee established pursuant to 42 Code of Federal Regulations section 483.75(o) may establish written guidelines or procedures for making therapeutic substitutions if the committee membership also includes a pharmacist who is licensed in this state. If a nursing care institution does not have a quality assessment and assurance committee, the nursing care institution may establish a committee for the purpose of establishing written guidelines or procedures for making therapeutic substitutions that consists of the same members as required under 42 Code of Federal Regulations section 483.75(o) and includes a pharmacist who is licensed pursuant to title 32, chapter 18.
B. A pharmacy used by a nursing care institution may make therapeutic substitutions consistent with the institution's written guidelines or procedures if the use of the therapeutic substitution has been approved for a patient during the period of the patient's stay in the nursing care institution by the patient's health care provider who is licensed under title 32, who has prescription authority under title 32 and who has prescribed a medication for the patient that the patient is currently taking.