HF 1359

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:42pm

A bill for an act
relating to public safety; aligning state controlled substance schedules with
federal controlled substance schedules; modifying the authority of the Board of
Pharmacy to regulate controlled substances; allowing the electronic prescribing
of controlled substances; amending Minnesota Statutes 2010, sections 152.01, by
adding a subdivision; 152.02; 152.11, subdivisions 1, 2, 2d, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 152.01, is amended by adding a
subdivision to read:

Subd. 23.

Analogue.

(a) Except as provided in paragraph (b), "analogue" means a
substance, the chemical structure of which is substantially similar to the chemical structure
of a controlled substance in Schedule I or II:

(1) that has a stimulant, depressant, or hallucinogenic effect on the central nervous
system that is substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance in Schedule
I or II; or

(2) with respect to a particular person, if the person represents or intends that the
substance have a stimulant, depressant, or hallucinogenic effect on the central nervous
system that is substantially similar to or greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous system of a controlled substance in Schedule I
or II.

(b) "Analogue" does not include:

(1) a controlled substance;

(2) any substance for which there is an approved new drug application under the
federal Food, Drug, and Cosmetic Act; or

(3) with respect to a particular person, any substance, if an exemption is in effect for
investigational use, for that person, as provided by United States Code, title 21, section
355, and the person is registered as a controlled substance researcher as required under
section 152.12, subdivision 3, to the extent conduct with respect to the substance is
pursuant to the exemption and registration.

Sec. 2.

Minnesota Statutes 2010, section 152.02, is amended to read:

152.02 SCHEDULES OF CONTROLLED SUBSTANCES;
ADMINISTRATION OF CHAPTER.

Subdivision 1.

Five schedules.

There are established five schedules of controlled
substances, to be known as Schedules I, II, III, IV, and V. Such schedules shall initially
consist of the substances listed in this section by whatever official name, common or usual
name, chemical name, or trade name designated.

Subd. 2.

Schedule I.

The following items are listed in Schedule I: (a) Schedule I
shall consist of the drugs and other substances, by whatever official name, common or
usual name, chemical name, or brand name designated, listed in this subdivision.

(1) Any of the following substances, including (b) Opiates. Unless
specifically excepted or unless listed in another schedule any of the following
opiates and their analogues (including homologues), isomers (whether optical,
positional, or geometric), esters, ethers, salts, and salts of isomers, esters, and
ethers, unless specifically excepted, whenever the existence of such
analogues, isomers, esters, ethers and salts is possible within the specific chemical
designation: Acetylmethadol; Allylprodine; Alphacetylmethadol (except
levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl
acetate, or LAAM); Alphameprodine; Alphamethadol; Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide);
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine; Benzethidine;
Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; Clonitazene;
Dextromoramide; Dextrorphan; Diampromide; Diethyliambutene; Difenoixin;
Dimenoxadol; Dimepheptanol; Dimethyliambutene; Dioxaphetyl butyrate;
Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine;
Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide;
Levophenacylmorphan; Methyl substituted isomers of Fentanyl; 3-Methylfentanyl,
(N-[3-Methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
Acetyl-alpha-methylfentanyl,
(N-[1-(1-methyl-2-phenylethyl)-4-piperidinyl]-N-phenylacetamide);
Alpha-methylthiofentanyl,(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide); Benzylfentanyl, (N-[1-benzyl-4-piperidyl]-N-phenylpropanamide);
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenyl)ethyl-4-piperidinyl]-N-
phenylpropanamide); Beta-hydroxy-3-methylfentanyl,
(N-[1-(2-hydroxy-2-phenylethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
3-methylthiofentanyl,
(N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); Thenylfentanyl,
(N-[1-(2-thienyl)Methyl-4-piperidyl]-N-phenylpropanamide); Thiofentanyl,
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide); para-fluorofentanyl,
(N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamide); Morpheridine;
MPPP; 1-Methyl-4-phenyl-4-Propionoxypiperidine; Noracymethadol; Norlevorphanol;
Normethadone; Norpipanone; PEPAP, (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine);
Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; Piritramide;
Proheptazine; Properidine; Propiram; Racemoramide; Tilidine; Trimeperidine.

(2) (c) Any of the following opium derivatives, their analogues (including
homologues), salts, isomers and salts of isomers, unless specifically excepted or unless
listed in another schedule, whenever the existence of such analogues, salts, isomers
and salts of isomers is possible within the specific chemical designation: Acetorphine;
Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; Codeine methylbromide;
Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol;
Etorphine (except hydrochloride salt); Heroin; Hydromorphinol; Methyldesorphine;
Methylhydromorphine Methyldihydromorphine; Morphine methylbromide; Morphine
methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodeine; Nicomorphine;
Normorphine; Pholcodine; Thebacon.

(3) (d) Any material, compound, mixture or preparation which contains any
quantity of the following hallucinogenic substances, their analogues (including
homologues), salts, isomers (whether optical, positional, or geometric), and salts
of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of such analogues, salts, isomers, and salts of isomers is
possible within the specific chemical designation: 3,4-methylenedioxy amphetamine;
3,4-methylenedioxymethamphetamine; 3,4-Methylenedioxy-N-ethylamphetamine;
N-hydroxy-3, 4-Methylenedioxy-amphetamine; 4-bromo-2,5-dimethoxyamphetamine;
2,5-dimethoxyamphetamine; 4-methoxyamphetamine; 5-methoxy-3,
4-methylenedioxy amphetamine; Alpha-Ethyltryptamine; Bufotenine;
Diethyltryptamine; Dimethyltryptamine; 3,4,5-trimethoxy amphetamine; 4-methyl-2,
5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; marijuana;
Mescaline; Parahexyl; N-ethyl-3-piperidyl benzilate; N-methyl-3-piperidyl benzilate;
Psilocybin; Psilocyn; Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine;
naturally contained in a plant of the genus Cannabis (cannabis plant); synthetic
equivalents of the substances contained in the cannabis plant or in the resinous
extractives of the cannabis plant; synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological activity to those
substances contained in the cannabis plant; Thiophene analogue of phencyclidine
(1-[1-(2-thienyl)-cyclohexyl]-piperidine), 2-thienyl analogue of phencyclidine, TPCP,
TCP; ethylamine analogue of phencyclidine; (n-ethyl-1-phenyl-cyclohexylamine);
(1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine,
PCE; pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)
pyrrolidine); 2-thienyl Pyrrolidine analogue of phencyclidine
(1-[1-(2-thienyl)cyclohexyl]-pyrrolidine); 4-Bromo-2,5-dimethoxyphenethylamine,
also known as 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane, alpha-desmethyl
DOB, 2C-B, or Nexus; 2,5-dimethoxy-4-ethylamphetamine, also known as DOET;
2,5-dimethoxy-4-(n)-proprylthiophenethylamine, also known as 2C-T-7; Alpha-
methyltryptamine, also known as AMT; 5-methoxy-N,N-diisopropyltryptamine,
also known as 5-MeO-DIPT; 2,5-dimethoxy-4-ethylphenethylamine,
also known as 2C-E; 2,5-dimethoxy-4-iodophenethylamine, also known
as 2C-I; 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
4-chloro-2,5-dimethoxyphenethylamine (2C-C); 4-propyl-2,5-dimethoxyphenethylamine
(2C-P); 4-chloro-2,5-dimethoxyamphetamine (DOC); 4-iodo-2,5-dimethoxyamphetamine
(DOI); 5-methoxy-α-methyltryptamine (5-MeO-AMT); N,N-diisopropyltryptamine
(DiPT); 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT); 2,5-dimethoxyamphetamine
(2,5-DMA).

(4) (e) Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract
from any part of such plant, and every compound, manufacture, salts, derivative, mixture,
or preparation of such plant, its seeds or extracts, providing the listing of peyote as a
controlled substance in Schedule I does not apply to the nondrug use of peyote in bona
fide religious ceremonies of the American Indian Church, and members of the American
Indian Church are exempt from registration. Any person who manufactures peyote for or
distributes peyote to the American Indian Church, however, is required to obtain federal
registration annually and to comply with all other requirements of law.

(5) (f) Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including and its
analogues (including homologues), salts, isomers, and salts of isomers whenever the
existence of such analogues, salts, isomers, and salts of isomers is possible within the
specific chemical designation:

Mecloqualone; Methaqualone; Gamma-hydroxybutyric acid, including its esters and
ethers (some other names include GHB, gamma-hydroxybutyrate, 4-hydroxybutanoic
acid, sodium oxybate, sodium oxybutyrate);

Flunitrazepam.

(6) (g) Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including and its
analogues (including homologues), salts, isomers, and salts of isomers whenever the
existence of such analogues, salts, isomers, and salts of isomers is possible within the
specific chemical designation:

Aminorex, also known as Aminoxaphen, 2-Amino-5-phenyl-2-oxazoline,
or 4,5-Dihydro-5-phenyl-2-oxazolamine; Cathinone also known as
2-Amino-1-phenyl-1-propanone, alpha-Aminopropiophenone, 2-Aminopropiophenone
or Norephedrone; Fenethylline;

Methcathinone, also known as 2-(Methylamino)-Propiophenone,
alpha-(Methylamino)-propiophenone, 2-(Methylamino)-1-Phenylpropan-1-one,
alpha-N-Methylaminopropiophenone, monomethylpropion, ephedrone,
N-Methylcathinone or Methylcathinone; (±) cis-4-Methylaminorex, also known
as (±) cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine; N-ethylamphetamine;
N,N-dimethylamphetamine, also known as N,N-alpha-trimethyl-benzene-ethanamine
or N,N-alpha-trimethylphenethylamine; N-benzylpioperazine, also known as BZP,
1-benzylpiperazine; methylenedioxypyrovalerone (MDPV); 4-methylmethcathinone;
3,4-Methylenedioxypyrovalerone.

(h) A controlled substance analogue, to the extent that it is implicitly or explicitly
intended for human consumption, shall be treated, for the purposes of this chapter, as a
controlled substance in Schedule I.

Subd. 3.

Schedule II.

The following items are listed in Schedule II:

(1) (a) Unless specifically excepted or unless listed in another schedule, any of
the following substances whether produced directly or indirectly by extraction from
substances of vegetable origin or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis:

(a) (1) Opium and opiate, and any salt, compound, derivative, or preparation
of opium or opiate, including the following: raw opium, opium extracts, opium
fluid extracts, powdered opium, granulated opium, tincture of opium, apomorphine,
codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, morphine, oxycodone,
oxymorphone, thebaine excluding apomorphine, thebaine-derived butorphanol,
dextrorphan, nalbuphine, nalmefene, naloxone, and naltrexone, and their respective
salts, but including the following: Raw opium; Opium extracts; Opium fluid; Powdered
opium, Granulated opium, Tincture of opium, Codeine, Dihydroetorphine, Ethylmorphine,
Etorphine hydrochloride, Hydrocodone, Hydromorphone, Metopon, Morphine,
Oxycodone, Oxymorphone, Thebaine, Oripavine.

(b) (2) Any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in clause (a), except that
these substances shall not include the isoquinoline alkaloids of opium.

(c) (3) Opium poppy and poppy straw.

(d) (4) Coca leaves and any salt, cocaine compound, derivative, or preparation
of coca leaves, including cocaine and ecgonine, the salts and isomers of cocaine and
ecgonine (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of
isomers and derivatives) and any salt, compound, derivative, or preparation thereof that is
chemically equivalent or identical with any of these substances, except that the substances
shall not include decocainized coca leaves or extraction of coca leaves, which extractions
do not contain cocaine or ecgonine, and the salts of their isomers.

(e) Any salt, compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in clause (d), except that the
substances shall not include decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine. (5) Concentrate of poppy straw (the
crude extract of poppy straw in either liquid, solid, or powder form which contains the
phenanthrene alkaloids of the opium poppy).

(2) (b) Any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless
listed in another schedule, whenever the existence of such isomers, esters, ethers and
salts is possible within the specific chemical designation: Alfentanil; Alphaprodine;
Anileridine; Bezitramide; Bulk Dextropropoxyphene (nondosage forms); Carfentanil;
Dihydrocodeine; Dihydromorphinone; Diphenoxylate; Fentanyl; Isomethadone;
Levo-alpha-acetylmethadol (LAAM); Levomethorphan; Levorphanol; Metazocine;
Methadone; Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
Pethidine; Pethidine - Intermediate - A, 4-cyano-1-methyl-4-phenylpiperidine; Pethidine
- Intermediate - B, ethyl-4-phenylpiperidine-4-carboxylate; Pethidine - Intermediate
- C, 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine;
Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol.

(3) (c) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:

(a) (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(b) (2) Methamphetamine, its salts, isomers, and salts of its isomers;

(c) (3) Phenmetrazine and its salts;

(d) (4) Methylphenidate.;

(5) Lisdexamfetamine.

(4) (d) Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:

(a) Methaqualone

(b) (1) Amobarbital

(2) Glutethimide

(c) (3) Secobarbital

(d) (4) Pentobarbital

(e) (5) Phencyclidine

(f) (6) Phencyclidine immediate precursors:

(i) 1-phenylcyclohexylamine

(ii) 1-piperidinocyclohexanecarbonitrile.

(7) Immediate precursors to amphetamine and methamphetamine: phenylacetone.

(e) Hallucinogenic substances. Nabilone [another name for Nabilone:
(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-
dibenzo [b,d] pyran-9-one].

Subd. 4.

Schedule III.

(a) The following items are listed in Schedule III:

(1) Any material, compound, mixture, or preparation which contains any quantity
of Amphetamine, its salts, optical isomers, and salts of its optical isomers; Stimulants.
Unless specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the following substances having
a potential for abuse associated with a stimulant effect on the central nervous system,
including its salts, isomers (whether optical, positional, or geometric), and salts of such
isomers whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:

(i) Phenmetrazine and its salts; Methamphetamine, its salts, isomers, and salts of
isomers; Methylphenidate; and which is required by federal law to be labeled with the
symbol prescribed by 21 Code of Federal Regulations Section 1302.03 and in effect on
February 1, 1976 designating that the drug is listed as a Schedule III controlled substance
under federal law.

(ii) Benzphetamine;

(iii) Chlorphentermine;

(iv) Clortermine;

(v) Phendimetrazine.

(2) Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a potential for abuse associated with a depressant effect on
the central nervous system:

(a) (i) Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital or any salt thereof and one or more other active medicinal ingredients which
are not listed in any schedule.;

(b) (ii) Any suppository dosage form containing amobarbital, secobarbital,
pentobarbital, or any salt of any of these drugs and approved by the food and drug
administration for marketing only as a suppository.;

(c) (iii) Any substance which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid, except those substances which are specifically
listed in other schedules:;

(iv) Chlorhexadol; Glutethimide;

(v) Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under section 505 of
the federal Food, Drug, and Cosmetic Act;

(vi) Ketamine, its salts, isomers and salts of isomers;

(vii) Lysergic acid;

(viii) Lysergic acid amide;

(ix) Methyprylon;

(x) Sulfondiethylmethane;

(xi) Sulfonethylmethane;

(xii) Sulfonmethane.;

(xiii) Tiletamine and zolazepam and any salt thereof;

(xiv) Embutramide.

(d) Gamma hydroxybutyrate, any salt, compound, derivative, or preparation of
gamma hydroxybutyrate, including any isomers, esters, and ethers and salts of isomers,
esters, and ethers of gamma hydroxybutyrate whenever the existence of such isomers,
esters, and salts is possible within the specific chemical designation.

(3) Any material, compound, mixture, or preparation which contains any quantity of
the following substances having a potential for abuse associated with a stimulant effect on
the central nervous system:

(a) Benzphetamine

(b) Chlorphentermine

(c) Clortermine

(d) Mazindol

(e) Phendimetrazine.

(4) (3) Nalorphine.

(5) Any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any salts thereof (4) Narcotic Drugs. Unless
specifically excepted or unless listed in another schedule, any material, compound,
mixture, or preparation containing any of the following narcotic drugs, or their salts
calculated as the free anhydrous base or alkaloid, in limited quantities as follows:

(a) (i) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
of opium.;

(b) (ii) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.;

(c) (iii) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or
not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.;

(d) (iv) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts.;

(e) (v) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.;

(f) (vi) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients
in recognized therapeutic amounts.;

(g) (vii) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.;

(h) (viii) Not more than 50 milligrams of morphine per 100 milliliters or per 100
grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(6) (5) Anabolic steroids.

, which, "Anabolic steroids," for purposes of this subdivision, means any drug
or hormonal substance, chemically and pharmacologically related to testosterone,
other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone, and
includes: androstanediol; androstanedione; androstenediol; androstenedione; bolasterone;
boldenone; calusterone; chlorotestosterone; chorionic gonadotropin; clostebol;
dehydrochloromethyltestosterone; (triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
drostanolone; ethylestrenol; fluoxymesterone; formebolone; furazabol; human
growth hormones; 13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
4-hydroxy-19-nortestosterone; mestanolone; mesterolone; methandienone;
methandranone; methandriol; methandrostenolone; methenolone; 17a-methyl-3b,
17b-dihydroxy-5a-androstane; 17a-methyl-3a, 17b-dihydroxy-5a-androstane;
17a-methyl-3b, 17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
methyldienolone; methyltrienolone; methyltestosterone; mibolerone;
17a-methyl-(triangle)1-dihydrotestosterone; nandrolone; nandrolone phenpropionate;
norandrostenediol; norandrostenedione; norbolethone; norclostebol; norethandrolone;
normethandrolone; oxandrolone; oxymesterone; oxymetholone; stanolone; stanozolol;
stenbolone; testolactone; testosterone; testosterone propionate; tetrahydrogestrinone;
trenbolone; and any salt, ester, or ether of a drug or substance described in this paragraph.

(i) 3[beta], 17-dihydroxy-5a-androstane;

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;

(iii) 5[alpha]-androstan-3,17-dione;

(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);

(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);

(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);

(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);

(viii) 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);

(ix) 4-androstenedione (androst-4-en-3,17-dione);

(x) 5-androstenedione (androst-5-en-3,17-dione);

(xi) bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);

(xii) boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);

(xiii) boldione (androsta-1,4-diene-3,17-dione);

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);

(xv) clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one);

(xvi) dehydrochloromethyltestosterone
(4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4-dien-3-one);

(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5-[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol);

(xviii) [Delta]1-dihydrotestosterone (a.k.a. '1-testosterone')
(17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);

(xx) drostanolone (17[beta]-hydroxy-2-[alpha]-methyl-5[alpha]-androstan-3-one);

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);

(xxii) fluoxymesterone
(9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);

(xxiii) formebolone
(2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);

(xxiv) furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);

(xxix) mesterolone (1[alpha]methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);

(xxx) methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-dihydroxy-5a-androstane;

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;

(xxxvi) 17[alpha]-methyl-4-hydroxyandrolone
(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);

(xxxvii) methyldienolone
(17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-
11-trien-3-one);

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);

(xl) mibolerone (17[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);

(xli) 17[alpha]-methyl-[Delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5(alpha]-androst-1-en-3-one) (a.k.a.
'17-[alpha]-methyl-1-testosterone');

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one);

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);

(xlvii) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);

(xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione);

(l) norbolethone (13[beta], 17 [alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);

(li) noclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);

(liii) normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);

(liv) oxandrolone
(17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);

(lvi) oxymetholone
(17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);

(lvii) stanozolol
(17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);

(lix) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
lactone);

(lx) testosterone (17[beta]-hydroxyandrost-4-en-3-one);

(lxi) tetrahydrogestrinone (13[beta],
17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one);

(lxiii) any salt, ester, or ether of a drug or substance described in this paragraph.

Anabolic steroids are not included if they are: (i) expressly intended for
administration through implants to cattle or other nonhuman species; and (ii) approved by
the United States Food and Drug Administration for that use. If any person prescribes,
dispenses, or distributes such steroid for human use, the person shall be considered
to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of
this paragraph.

(6) Human growth hormones.

(7) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated
in a soft gelatin capsule in a United States Food and Drug Administration-approved
product.

(8) Any material, compound, mixture, or preparation containing any of the following
narcotic drugs or their salts: Buprenhorphine.

Subd. 5.

Schedule IV.

The following items are listed in Schedule IV: Barbital;
Butorphanol; Chloral betaine; Chloral hydrate; Chlordiazepoxide; Clonazepam;
Clorazepate; Diazepam; Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
Flurazepam; Mebutamate; Methohexital; Meprobamate except when in combination
with the following drugs in the following or lower concentrations: conjugated
estrogens, 0.4 mg; tridihexethyl chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; Petrichloral; Phenobarbital;
and Phentermine. (a) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation containing any of the
following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid,
in limited quantities as follows:

(1) Not more than one milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit;

(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).

(b) Depressants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances, including its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the specific
chemical designation:

(1) Alprazolam;

(2) Barbital;

(3) Bromazepam;

(4) Camazepam;

(5) Chloral betaine;

(6) Chloral hydrate;

(7) Chlordiazepoxide;

(8) Clobazam;

(9) Clonazepam;

(10) Clorazepate;

(11) Clotiazepam;

(12) Cloxazolam;

(13) Delorazepam;

(14) Diazepam;

(15) Dichloralphenazone;

(16) Estazolam;

(17) Ethchlorvynol;

(18) Ethinamate;

(19) Ethyl Loflazepate;

(20) Fludiazepam;

(21) Flurazepam;

(22) Halazepam;

(23) Haloxazolam;

(24) Ketazolam;

(25) Loprazolam;

(26) Lorazepam;

(27) Lormetazepam;

(28) Mebutamate;

(29) Medazepam;

(30) Meprobamate;

(31) Methohexital;

(32) Methylphenobarbital;

(33) Midazolam;

(34) Nimetazepam;

(35) Nitrazepam;

(36) Nordiazepam;

(37) Oxazepam;

(38) Oxazolam;

(39) Paraldehyde;

(40) Petrichloral;

(41) Phenobarbital;

(42) Pinazepam;

(43) Prazepam;

(44) Quazepam;

(45) Temazepam;

(46) Tetrazepam;

(47) Triazolam;

(48) Zaleplon;

(49) Zolpidem;

(50) Zopiclone.

(c) Fenfluramine. Any material, compound, mixture, or preparation which contains
any quantity of fenfluramine, including its salts, isomers (whether optical, positional, or
geometric), and salts of such isomers, whenever the existence of such salts, isomers,
and salts of isomers is possible.

(d) Stimulants. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers:

(1) Cathine ((+)-Norpseudoephedrine);

(2) Diethylpropion;

(3) Fencamfamine;

(4) Fenproporex;

(5) Mazindol;

(6) Mefenorex;

(7) Modafinil;

(8) Pemoline ( including organometallic complexes and chelates thereof);

(9) Phentermine;

(10) Pipradrol;

(11) Sibutramine;

(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).

Subd. 6.

Schedule V; restrictions on methamphetamine precursor drugs.

(a) As
used in this subdivision, the following terms have the meanings given:

(1) "methamphetamine precursor drug" means any compound, mixture, or
preparation intended for human consumption containing ephedrine or pseudoephedrine as
its sole active ingredient or as one of its active ingredients; and

(2) "over-the-counter sale" means a retail sale of a drug or product but does not
include the sale of a drug or product pursuant to the terms of a valid prescription.

(b) The following items are listed in Schedule V:

(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:

(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;

(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;

(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or

(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
100 grams 100 milligrams of opium per 100 milliliters or per 100 grams; and

(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit.

(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of
the following substance having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers: Pyrovalerone.

(3) Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity
of the following substance having a depressant effect on the central nervous system,
including its salts, isomers, and salts of isomers:

(i) Pregabalin;

(ii) Lacosamide ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide).

(4) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.

(c) No person may sell in a single over-the-counter sale more than two packages
of a methamphetamine precursor drug or a combination of methamphetamine precursor
drugs or any combination of packages exceeding a total weight of six grams, calculated as
the base.

(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:

(1) packages containing not more than a total of three grams of one or
more methamphetamine precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or

(2) for nonliquid products, sales in blister packs, where each blister contains not
more than two dosage units, or, if the use of blister packs is not technically feasible, sales
in unit dose packets or pouches.

(e) A business establishment that offers for sale methamphetamine precursor drugs
in an over-the-counter sale shall ensure that all packages of the drugs are displayed
behind a checkout counter where the public is not permitted and are offered for sale only
by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
establishment shall ensure that the person making the sale requires the buyer:

(1) to provide photographic identification showing the buyer's date of birth; and

(2) to sign a written or electronic document detailing the date of the sale, the name
of the buyer, and the amount of the drug sold.

A document described under clause (2) must be retained by the establishment for
at least three years and must at all reasonable times be open to the inspection of any
law enforcement agency.

Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.

(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs, calculated as the base, within a 30-day period.

(g) No person may sell in an over-the-counter sale a methamphetamine precursor
drug to a person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph if the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.

(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.

(i) An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
penalties for violating any of those paragraphs if the person:

(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and

(2) documents that an employee training program was in place to provide the
employee or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.

(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.

(k) Paragraphs (b) to (j) do not apply to:

(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;

(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;

(3) methamphetamine precursor drugs in gel capsule or liquid form; or

(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.

(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
shall certify methamphetamine precursor drugs that meet the requirements of paragraph
(k), clause (2), and publish an annual listing of these drugs.

(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
States Drug Enforcement Administration are exempt from the methamphetamine precursor
drug storage requirements of this section.

(n) This section preempts all local ordinances or regulations governing the sale
by a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.

Subd. 7.

Board of Pharmacy; regulation of substances.

The Board of Pharmacy
is authorized to regulate and define additional substances which contain quantities of a
substance possessing abuse potential in accordance with the following criteria:

(1) The Board of Pharmacy shall place a substance in Schedule I if it finds that the
substance has: A high potential for abuse, no currently accepted medical use in the United
States, and a lack of accepted safety for use under medical supervision.

(2) The Board of Pharmacy shall place a substance in Schedule II if it finds that the
substance has: A high potential for abuse, currently accepted medical use in the United
States, or currently accepted medical use with severe restrictions, and that abuse may lead
to severe psychological or physical dependence.

(3) The Board of Pharmacy shall place a substance in Schedule III if it finds that the
substance has: A potential for abuse less than the substances listed in Schedules I and II,
currently accepted medical use in treatment in the United States, and that abuse may lead
to moderate or low physical dependence or high psychological dependence.

(4) The Board of Pharmacy shall place a substance in Schedule IV if it finds that
the substance has: A low potential for abuse relative to the substances in Schedule III,
currently accepted medical use in treatment in the United States, and that abuse may lead
to limited physical dependence or psychological dependence relative to the substances in
Schedule III.

(5) The Board of Pharmacy shall place a substance in Schedule V if it finds that the
substance has: A low potential for abuse relative to the substances listed in Schedule IV,
currently accepted medical use in treatment in the United States, and limited physical
dependence and/or psychological dependence liability relative to the substances listed
in Schedule IV.

Subd. 8.

Add, delete, or reschedule substances.

The state Board of Pharmacy
may, by rule, add substances to or delete or reschedule substances listed in this section.
The state Board of Pharmacy, after consulting with the Advisory Council on Controlled
Substances, shall annually, on or before May 1 of each year, conduct a review of the
placement of controlled substances in the various schedules. The Board of Pharmacy may
not delete or reschedule a drug that is in Schedule I, except as provided in subdivision 12.

In making a determination regarding a substance, the Board of Pharmacy shall
consider the following: The actual or relative potential for abuse, the scientific evidence
of its pharmacological effect, if known, the state of current scientific knowledge
regarding the substance, the history and current pattern of abuse, the scope, duration,
and significance of abuse, the risk to public health, the potential of the substance to
produce psychic or physiological dependence liability, and whether the substance is an
immediate precursor of a substance already controlled under this section. The state Board
of Pharmacy may include any nonnarcotic drug authorized by federal law for medicinal
use in a schedule only if such drug must, under either federal or state law or rule, be
sold only on prescription.

Subd. 8a.

Methamphetamine precursors Board of Pharmacy, expedited
scheduling of additional substances.

The State Board of Pharmacy may, by order, require
that nonprescription ephedrine or pseudophedrine products sold in gel capsule or liquid
form be subject to the sale restrictions established in subdivision 6 for methamphetamine
precursor drugs, if the board concludes that ephedrine or pseudophedrine products in
gel capsule or liquid form can be used to manufacture methamphetamine. In assessing
the need for an order under this subdivision, the board shall consult at least annually
with the advisory council on controlled substances, the commissioner of public safety,
and the commissioner of health. The Board of Pharmacy may, by rule, add a substance
to Schedule I when the board finds that the substance has a high potential for abuse, no
currently accepted medical use in the United States, a lack of accepted safety for use under
medical supervision, and known adverse health effects, and is currently available for use
within the state. For the purposes of this subdivision only, the board may use the expedited
rulemaking process under section 14.389.

Subd. 9.

Except substances by rule.

The state Board of Pharmacy may by rule
except any compound, mixture, or preparation containing any stimulant or depressant
substance listed in subdivision 4, clauses (1) and (2) or in subdivisions 5 and 6 from the
application of all or any part of this chapter, if the compound, mixture, or preparation
contains one or more active medicinal ingredients not having a stimulant or depressant
effect on the central nervous system; provided, that such admixtures shall be included
therein in such combinations, quantity, proportion, or concentration as to vitiate the
potential for abuse of the substances which do have a stimulant or depressant effect on the
central nervous system.

Subd. 10.

Dextromethorphan.

Dextromethorphan shall not be deemed to be
included in any schedule by reason of the enactment of Laws 1971, chapter 937, unless
controlled pursuant to the foregoing provisions of this section.

Subd. 12.

Coordination of controlled substance regulation with federal law and
state statute.

If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the state Board of Pharmacy, the
state Board of Pharmacy shall similarly control the substance under this chapter, after the
expiration of 30 days from publication in the Federal Register of a final order designating
a substance as a controlled substance or rescheduling or deleting a substance. Such order
shall be filed with the secretary of state. If within that 30-day period, the state Board of
Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the conclusion of
the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
to the provisions of chapter 14.

In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide
copies of any proposed rule under this chapter to the advisory council on controlled
substances at least 30 days prior to any hearing required by section 14.14, subdivision 1.
The state Board of Pharmacy shall consider the recommendations of the advisory council
on controlled substances, which may be made prior to or at the hearing.

The state Board of Pharmacy shall annually submit a report to the legislature on or
before December 1 that specifies what changes the board made to the controlled substance
schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
the preceding 12 months. The report must include specific recommendations for amending
the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with the controlled substance schedules maintained by the board in Minnesota Rules,
parts 6800.4210 to 6800.4250.

Subd. 13.

Implementation study.

Annually, the state Board of Pharmacy shall study
the implementation of this chapter in relation to the problems of drug abuse in Minnesota.

Sec. 3.

Minnesota Statutes 2010, section 152.11, subdivision 1, is amended to read:

Subdivision 1.

Written General prescription requirement requirements for
Schedule II controlled substances.

(a) A written prescription or an oral prescription
reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
is void unless (1) it is written in ink and contains the name and address of the person
for whose use it is intended; (2) it states the amount of the controlled substance to be
compounded or dispensed, with directions for its use; (3) if a written prescription, it
contains the handwritten signature, address, and federal registry number of the prescriber
and a designation of the branch of the healing art pursued by the prescriber, and if an oral
prescription, the name and address of the prescriber and a designation of the prescriber's
branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
date of acceptance in the pharmacy if an oral prescription.

(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
is void unless it complies with the standards established pursuant to section 62J.497 and
with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and
1311, that pertain to electronic prescriptions.

(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
transmitted by facsimile, either computer to facsimile machine or facsimile machine to
facsimile machine, is void unless it complies with the applicable requirements of Code of
Federal Regulations, title 21, part 1306.

(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
retain the original prescription in a file for a period of not less than two years, open to
inspection by any officer of the state, county, or municipal government, whose duty it is to
aid and assist with the enforcement of this chapter. An original electronic or facsimile
prescription may be stored in an electronic database, provided that the database provides a
means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
a period of not less than two years.

(e) Every licensed pharmacy shall distinctly label the container in which a controlled
substance is dispensed with the directions contained in the prescription for the use thereof.

Subd. 1a.

Prescription requirements for Schedule II controlled substances.

No
person may dispense a controlled substance included in Schedule II of section 152.02
without a prescription written issued by a doctor of medicine, a doctor of osteopathy
licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
state or by a practitioner licensed to prescribe controlled substances by the state in which
the prescription is issued, and having a current federal Drug Enforcement Administration
registration number. The prescription must either be printed or written in ink and contain
the handwritten signature of the prescriber or be transmitted electronically or by facsimile
as permitted under subdivision 1. Provided that in emergency situations, as authorized
by federal law, such drug may be dispensed upon oral prescription reduced promptly to
writing and filed by the pharmacist. Such prescriptions shall be retained in conformity
with section 152.101. No prescription for a Schedule II substance may be refilled.

For the purposes of this chapter, a written prescription or oral prescription, which
shall be reduced to writing, for a controlled substance in Schedule II, III, IV or V is void
unless (1) it is written in ink and contains the name and address of the person for whose
use it is intended; (2) it states the amount of the controlled substance to be compounded or
dispensed, with directions for its use; (3) if a written prescription, it contains the signature,
address and federal registry number of the prescriber and a designation of the branch of
the healing art pursued by the prescriber; and if an oral prescription, the name and address
of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it
shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if
an oral prescription. Every licensed pharmacist who compounds any such prescription
shall retain such prescription in a file for a period of not less than two years, open to
inspection by any officer of the state, county, or municipal government, whose duty it is to
aid and assist with the enforcement of this chapter. Every such pharmacist shall distinctly
label the container with the directions contained in the prescription for the use thereof.

Sec. 4.

Minnesota Statutes 2010, section 152.11, subdivision 2, is amended to read:

Subd. 2.

Written or oral Prescription requirement requirements for Schedule
III or IV controlled substances.

No person may dispense a controlled substance included
in Schedule III or IV of section 152.02 without a written or oral prescription from issued,
as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
controlled substances by the state in which the prescription is issued, and having a current
federal drug enforcement administration registration number. Such prescription may not
be dispensed or refilled except with the written or verbal documented consent of the
prescriber, and in no event more than six months after the date on which such prescription
was issued and no such prescription may be refilled more than five times.

Sec. 5.

Minnesota Statutes 2010, section 152.11, subdivision 2d, is amended to read:

Subd. 2d.

Identification requirement for Schedule II or III controlled substance.

(a) No person may dispense a controlled substance included in Schedule II or III without
requiring the person purchasing the controlled substance, who need not be the person for
whom the controlled substance prescription is written, to present valid photographic
identification, unless the person purchasing the controlled substance, or if applicable the
person for whom the controlled substance prescription is written, is known to the dispenser.

(b) This subdivision applies only to purchases of controlled substances that are
not covered, in whole or in part, by a health plan company or other third-party payor.
The Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of
this subdivision. The board shall include in the report the incidence of complaints, if any,
generated by the requirements of this subdivision and whether this subdivision is creating
barriers to pharmaceutical access.

Sec. 6.

Minnesota Statutes 2010, section 152.11, subdivision 3, is amended to read:

Subd. 3.

Dispensing orphan drugs.

For the purpose of subdivisions 1 and 2 this
section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
practicing in and licensed by another state as a physician, dentist, veterinarian, or
podiatrist; who has a current federal drug enforcement administration registration number;
and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.