559: Institutional Formularies Established by Nursing Home Facilities
Effective Date: July 1, 2020
The bill authorizes a nursing home to establish an institutional formulary by which a pharmacist may use therapeutic substitution, without obtaining a new prescription, to replace a resident’s prescribed drug with a chemically different drug listed in the formulary that is expected to have the same clinical effect.
The bill requires a nursing home to obtain a prescriber’s authorization to use an institutional formulary for each of the prescriber’s patients in the nursing home and allows a prescriber to opt out of the institutional formulary for a specific drug or a class of drugs. The nursing home must notify the prescriber prior to each therapeutic substitution and document the resident’s medical record when a substitution occurs. The bill requires a nursing home to obtain informed consent from a resident or a resident’s representative to use the institutional formulary for the resident.
The bill prohibits a nursing home from taking adverse action against a prescriber or resident who refuses to use the institutional formulary.