HF 3376

as introduced - 89th Legislature (2015 - 2016) Posted on 03/21/2016 01:46pm

A bill for an act
relating to health; allowing pharmacists to provide a drug refill without a
prescription; requiring insurance coverage; authorizing rulemaking; proposing
coding for new law in Minnesota Statutes, chapters 62Q; 151.

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

Section 1.

new text begin [62Q.528] DRUG COVERAGE IN EMERGENCY SITUATIONS.
new text end

new text begin A health plan that provides prescription drug coverage must provide coverage for
a prescription drug dispensed by a pharmacist under section 151.221, under the terms
of coverage that would apply had the prescription drug been dispensed according to
a prescription.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on January 1 of the first calendar
year following the date of adoption of the rules required by Minnesota Statutes, section
151.222, or 90 days following the date of adoption of the rules, whichever is later, and
applies to health plans offered, issued, or renewed on or after that date.
new text end

Sec. 2.

new text begin [151.221] REFILLS WITHOUT VALID PRESCRIPTION.
new text end

new text begin (a) In accordance with the rules adopted by the board under section 151.222, a
pharmacist may dispense or sell a legend drug without a prescription drug order from a
licensed practitioner if all of the following conditions are met:
new text end

new text begin (1) the patient has been on a consistent drug therapy as demonstrated by records
maintained by the pharmacy;
new text end

new text begin (2) the pharmacy at which the pharmacist works has a record of the prescription drug
order for the drug in the name of the patient who is requesting it, but the prescription does
not provide for a refill or the time for providing refills has elapsed;
new text end

new text begin (3) the pharmacist is unable to contact the practitioner who issued the prescription
drug order or another practitioner responsible for the patient's care to obtain authorization
to refill the prescription;
new text end

new text begin (4) the drug is essential to sustain the life of the patient or to continue therapy for
a chronic condition; and
new text end

new text begin (5) failure to dispense or sell the drug to the patient would result in harm to the
health of the patient.
new text end

new text begin (b) If the conditions in paragraph (a) are met, the amount of the drug dispensed or
sold by the pharmacist to the patient must not exceed a 30-day supply as provided in the
prescription or, if the standard unit of dispensing for the drug exceeds a 30-day supply, the
amount of the drug dispensed or sold does not exceed the standard unit of dispensing.
new text end

new text begin (c) A pharmacist shall not dispense or sell the same drug to the same patient as
provided in this section more than one time in any 12-month period.
new text end

new text begin (d) A pharmacist must notify the practitioner who issued the prescription drug order
not later than 72 hours after the drug is sold or dispensed.
new text end

new text begin (e) The record of a drug sold or dispensed under this section shall be maintained in
the same manner required for prescription drug orders under section 151.211.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days following adoption of the
rules required by Minnesota Statutes, section 151.222.
new text end

Sec. 3.

new text begin [151.222] RULES; REFILLS WITHOUT A VALID PRESCRIPTION.
new text end

new text begin The board, in consultation with the Minnesota Board of Medical Practice, the
Minnesota Board of Nursing, and the commissioner of the Minnesota Department of
Health, shall adopt rules to establish the types of drugs approved for a pharmacist to
dispense under section 151.221. The board may establish additional record keeping
and reporting requirements in order to monitor the types and numbers of prescriptions
dispensed under section 151.221.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end