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HF 646

as introduced - 91st Legislature (2019 - 2020) Posted on 02/04/2019 03:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; establishing requirements for counterfeit drug investigations;
amending Minnesota Statutes 2018, section 151.37, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 151.37, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Investigation of counterfeit drugs. new text end

new text begin (a) For purposes of this subdivision,
"investigator" means a person who is engaged in an investigation of the counterfeit drug
trade.
new text end

new text begin (b) An agent of the board, or a person employed or retained as an investigator by a
pharmaceutical manufacturer or practitioner, may seek to have a legend drug dispensed by
a pharmacy, or any entity claiming to be a pharmacy, for the purpose of determining whether
a legend drug has been counterfeited, adulterated, or misbranded. An investigator may do
so by submitting a prescription drug order to the pharmacy or entity. If an entity offers to
sell drugs without a prescription, the investigator may purchase the drug without a
prescription drug order.
new text end

new text begin (c) A drug dispensed or sold to an agent of the board or an investigator pursuant to this
subdivision is an investigative drug sample and may only be used for testing or as evidence
in a civil or criminal action, and may not be resold or used for human consumption.
new text end

new text begin (d) A pharmaceutical manufacturer that collects investigative drug samples during an
investigation of counterfeit drugs must:
new text end

new text begin (1) maintain records of the drug samples; and
new text end

new text begin (2) make the records available to an agent of the board or to any federal, state, county,
or municipal officer whose duty it is to enforce the laws of this state or the United States
relating to drugs and who is engaged in a specific investigation involving a designated
person or drug.
new text end

new text begin (e) If an investigator determines that a drug obtained pursuant to this subdivision is
counterfeit, the investigator must report the counterfeit drug to the board.
new text end