Collaborative pharmacy practice agreements - pharmacist requirements

(1) A pharmacist may enter into a collaborative pharmacy practice agreement with one or more physicians if: (a) The pharmacist: (I) Holds a current license to practice in Colorado; (II) Is engaged in the practice of pharmacy; (III) Has earned a doctorate of pharmacy degree or completed at least five years of experience as a licensed pharmacist; (IV) Carries adequate professional liability insurance as determined by the board; and (V) Agrees to devote a portion of his or her practice to collaborative pharmacy practice; and (b) There is a process in place for the physician or advanced practice registered nurse and the pharmacist to communicate and document changes to the patient's medical record. (2) Unless a statewide protocol is in place, a pharmacist may not enter into a collaborative pharmacy practice agreement with a physician or advanced practice registered nurse if the physician or advanced practice registered nurse does not have an established relationship with the patient or patients who will be served by the pharmacist under the collaborative pharmacy practice agreement. (3) For a pharmacist to provide health-care services under a statewide protocol, a process must be in place for the pharmacist to communicate with a patient's primary care provider and document changes to the patient's medical record. If the patient does not have a primary care provider, or is unable to provide contact information for his or her primary care provider, the pharmacist shall provide the patient with a written record of the drugs or devices furnished and advise the patient to consult an appropriate health-care professional of the patient's choice. (4) A collaborative practice agreement between a physician and a pharmacist, as permitted by this article 280, does not change the employment status of any party to the agreement, does not create an employer-employee relationship under any circumstance, and may not be used to confer upon or deny to any person the status of a public employee as described in the "Colorado Governmental Immunity Act", article 10 of title 24. (5) A pharmacist or pharmacy shall not employ a physician or advanced practice registered nurse for the sole purpose of forming a collaborative practice agreement.