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HF 1764

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to public safety; requiring the Board of Pharmacy to report all controlled
substance schedule changes the board recommends to the legislature; amending
Minnesota Statutes 2008, section 152.02, subdivision 12.

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

Section 1.

Minnesota Statutes 2008, section 152.02, subdivision 12, is amended to read:


Subd. 12.

Coordination of controlled substance regulation with federal lawnew text begin and
state statutenew text end .

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.

new text begin 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.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
 new text end

Sec. 2. new text begin STATE BOARD OF PHARMACY; REPORT TO THE LEGISLATURE.
new text end

new text begin As part of the 2009 report to the legislature mandated by Minnesota Statutes,
section 152.02, subdivision 12, the state Board of Pharmacy shall specify all instances
where the controlled substance schedules contained in Minnesota Rules, parts 6800.4210
to 6800.4250, differ from the controlled substance schedules contained in Minnesota
Statutes, section 152.02, subdivisions 2 to 6.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
 new text end