§ 25-5-5-322

(1)(a) Subject to approval through the state budget process described in subsection (1)(b) of this section, the state board shall adopt by rule a system to allow pharmacies to be reimbursed for providing certain over-the-counter medications to members if prescribed by a licensed practitioner authorized to prescribe prescription drugs or, subject to the limitations contained in subsection (2) of this section, a licensed pharmacist. Over-the-counter medications subject to reimbursement pursuant to this section must be identified through the drug utilization review process established in section 25.5-5-506, and are limited to medications that, if reimbursed, result in overall cost savings to the state.(b) After the list of over-the-counter medications is identified pursuant to paragraph (a) of this subsection (1), the state department shall request, through the state budget process, that the reimbursements be implemented. The state department shall report to the joint budget committee annually concerning the amount of any savings realized from the reimbursements.(2)(a) The state board, in consultation with the state board of pharmacy created pursuant to section 12-280-104, shall

e annually concerning the amount of any savings realized from the reimbursements.(2)(a) The state board, in consultation with the state board of pharmacy created pursuant to section 12-280-104, shall establish by rule standards for when a licensed pharmacist may prescribe over-the-counter medications as provided under this section for purposes of receiving reimbursement under the medical assistance program.(b) When prescribing over-the-counter medications under this section, a licensed pharmacist shall consult with the member to determine necessity, provide drug counseling, review drug therapy for potential adverse interactions, and make referrals as needed to other health-care professionals.Amended by 2024 Ch. 152,§ 50, eff. 8/7/2024.Amended by 2019 Ch. 136, § 183, eff. 10/1/2019.L. 2010: Entire section added, (SB 10-117), ch. 985, p. 985, § 2, effective July 1. L. 2012: (2)(a) amended, (HB 12-1311), ch. 1628, p. 1628, § 75, effective July 1. L. 2019: (2)(a) amended, (HB 19-1172), ch. 1709, p. 1709, § 183, effective October 1.2024 Ch. 152, was passed without a safety clause. See Colo. Const. art. V, § 1(3).