HF 399

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; establishing the Long-Term Care Patient Access to
Pharmaceuticals Act; providing penalties; proposing coding for new law in
Minnesota Statutes, chapter 151.

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

Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin (a) The legislature finds that a mechanism is necessary to provide patients who have
the ability to acquire lower cost drugs through a federal or state program, any insurance
benefit program, provider, or other entity, access to those drugs if they reside in a long-term
care facility. The pharmacy within the long-term care facility or which has a contract with
the long-term care facility shall receive the lower cost drugs from the federal or state
program, insurance benefit program, provider, or other entity and repackage and relabel
those drugs so they may be dispensed in unit doses to patients in a long-term care facility.
new text end

new text begin (b) This act shall provide for the care, protection, and treatment of patients in
long-term care facilities by allowing them to utilize the drug benefit provided by the
federal or state government, any insurance benefit program, provider, or other entity.
In order to provide for the care, protection, and treatment of patients in long-term care
facilities, a long-term care facility or a pharmacy which has a contract with a long-term
care facility may:
new text end

new text begin (1) accept, on behalf of the patient, drugs received from a federal or state program,
any insurance benefit program, provider, or other entity; and
new text end

new text begin (2) repackage and relabel those drugs so that the patient may receive them in a
unit dose.
new text end

Sec. 2.

new text begin [151.415] THE LONG-TERM CARE PATIENT ACCESS TO
PHARMACEUTICALS ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title; citation. new text end

new text begin This section may be cited as the "Long-Term Care
Patient Access to Pharmaceuticals Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin The following terms have the meanings given them unless
otherwise provided by text.
new text end

new text begin (a) "Board" means the State Board of Pharmacy.
new text end

new text begin (b) "Dispense" means, as related to a drug, to prepare the drug for administration
to a patient. This term includes:
new text end

new text begin (1) the act of screening the drug for potential drug therapy problems, including
reviewing possible drug interactions, reviewing the dosage and duration of drug therapy,
reviewing contraindications of the drug, reviewing information regarding the patient and
pharmaceutical coverage, and compounding and mixing the drug; and
new text end

new text begin (2) any other activity associated with review of the drug which is designed to ensure
the safety of the drug.
new text end

new text begin (c) "Drug" means medication which has been approved by the Food and Drug
Administration. The term does not include medication which is provided under United
States Code, title 42, section s1395w-101 et seq.
new text end

new text begin (d) "Drug source" means a facility or program where drugs are lawfully
manufactured, dispensed, or distributed. Drug source includes a pharmacy, an entity, and a
federal or state agency or instrumentality. Drug source does not include a long-term
care pharmacy.
new text end

new text begin (e) "Long-term care facility" has the meaning given in section 256.9741, subdivision
1.
new text end

new text begin (f) "Long-term care pharmacy" means any of the following:
new text end

new text begin (1) a pharmacy within a long-term care facility;
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new text begin (2) a pharmacist employed by a long-term care facility who fills prescriptions for
patients of a long-term care facility;
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new text begin (3) a pharmacist who contracts with a long-term care facility to fill prescriptions for
patients of a long-term care facility; and
new text end

new text begin (4) a pharmaceutical provider that contracts with a long-term care facility to fill
prescriptions for patients of a long-term care facility.
new text end

new text begin (g) "Pharmaceutical provider" means an entity that employs a pharmacist.
new text end

new text begin Subd. 3. new text end

new text begin State Board of Pharmacy. new text end

new text begin The State Board of Pharmacy shall develop
any forms required by this section and distribute the forms upon request to long-term care
facilities, physicians, long-term care pharmacies, pharmacists, and the public. The board
shall make any forms required by this section available electronically via the Internet.
new text end

new text begin Subd. 4. new text end

new text begin Authorization to administer and dispense drugs. new text end

new text begin (a) Notwithstanding
any law to the contrary, a long-term care facility shall administer a drug acquired from a
drug source to a patient of a long-term care facility.
new text end

new text begin (b) Notwithstanding any law to the contrary, a long-term care pharmacy shall
dispense a drug acquired from a drug source for administration to a patient of a long-term
care facility.
new text end

new text begin (c) A long-term care facility shall administer a drug acquired from a drug source to a
patient of a long-term care facility if all of the following conditions are met:
new text end

new text begin (1) the drug is acquired from a drug source;
new text end

new text begin (2) there is a prescription for the drug; and
new text end

new text begin (3) the patient has signed a form authorizing the long-term care facility to administer
a drug acquired from a drug source. In the case of a minor, or incapacitated patient, the
form must be signed by the parent, guardian, person with power of attorney, or family
member authorized to sign the form.
new text end

new text begin (d) A long-term care pharmacy shall dispense a drug acquired from a drug source to
a patient of a long-term care facility if all of the conditions in paragraph (c) are met.
new text end

new text begin (e) A long-term care pharmacy shall repackage, relabel, and dispense a drug acquired
from a drug source in unit doses or other forms that enable a long-term care facility to
administer the drug to a patient safely and in a manner and form that conforms with the
long-term care facility's drug administration procedures and quality assurance standards.
new text end

new text begin Subd. 5. new text end

new text begin Maintenance of records. new text end

new text begin For each drug dispensed by a long-term care
pharmacy under this section, the long-term care pharmacy and long-term care facility shall
maintain a record for at least two years of the following information:
new text end

new text begin (1) name and quantity of the drug prescribed;
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new text begin (2) name and address of the patient to whom it was dispensed;
new text end

new text begin (3) name and address or other identifier of the prescriber;
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new text begin (4) date the prescription was issued and the date the drug was dispensed;
new text end

new text begin (5) directions for use, including cautions communicated to the patient by labels
or other means when dispensed;
new text end

new text begin (6) date the prescription was compounded or dispensed;
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new text begin (7) name and business address of the dispensing pharmacist; and
new text end

new text begin (8) drug source which provided the drug.
new text end

new text begin Subd. 6. new text end

new text begin Drug source. new text end

new text begin The long-term care pharmacy shall obtain from the drug
source the following information:
new text end

new text begin (1) a copy of the original prescription; and
new text end

new text begin (2) the name of the manufacturer of the drug, the lot or control number, and the
expiration date of the drug.
new text end

new text begin Subd. 7. new text end

new text begin Immunity from civil liability. new text end

new text begin (a) A long-term care pharmacy and its
employees or agents dispensing a drug under this section acquired from a drug source
shall be immune from civil liability arising from harm caused by the drug due to acts or
omissions of other persons outside of the long-term care pharmacy if the long-term care
pharmacy properly dispenses, repackages, and relabels the drug.
new text end

new text begin (b) A long-term care facility and the facility's employees or agents who properly
administer a drug provided by a long-term care pharmacy under this section shall be
immune from civil liability arising from harm caused by the drug due to acts or omissions
of other persons outside the long-term care facility.
new text end

new text begin Subd. 8. new text end

new text begin Repackaging and relabeling fee. new text end

new text begin A long-term care pharmacy may
charge a fee for repackaging and relabeling a drug obtained from a drug source facility
for dispensing to a patient in a long-term care facility. The fee may be no higher than
what a community pharmacy would charge for dispensing a drug. The fee shall be a set
amount per patient notwithstanding the number of prescriptions that are repackaged and
relabeled for each patient.
new text end

new text begin Subd. 9. new text end

new text begin Penalties. new text end

new text begin The board shall have the power to revoke or suspend the
registration certificate of any pharmacy that, or the license of any pharmacist who refuses
to comply with the provisions of this section.
new text end