HF 4565

as introduced - 91st Legislature (2019 - 2020) Posted on 04/17/2020 02:06pm

A bill for an act
relating to health occupations; modifying emergency prescription refill requirements
during a declared peacetime emergency; amending Minnesota Statutes 2019
Supplement, section 151.211, subdivision 3.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 151.211, subdivision 3, is amended
to read:

Subd. 3.

Emergency prescription refills.

(a) A pharmacist may, using sound professional
judgment and in accordance with accepted standards of practice, dispense a legend drug
without a current prescription drug order from a licensed practitioner if all of the following
conditions are met:

(1) the patient has been compliant with taking the medication and has consistently had
the drug filled or refilled as demonstrated by records maintained by the pharmacy;

(2) the pharmacy from which the legend drug is dispensed has a record of a prescription
drug order for the drug in the name of the patient who is requesting it, but the prescription
drug order does not provide for a refill or the time during which the refills were valid has
elapsed;

(3) the pharmacist has tried but 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;

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

(5) failure to dispense the drug to the patient would result in harm to the health of the
patient; and

(6) the drug is not a controlled substance listed in section 152.02, subdivisions 3 to 6,
except for a controlled substance that has been specifically prescribed to treat a seizure
disorder, in which case the pharmacist may dispense up to a 72-hour supply.

(b) If the conditions in paragraph (a) are met, the amount of the drug dispensed by the
pharmacist to the patient must not exceed a 30-day supply, or the quantity originally
prescribed, whichever is less, except as provided for controlled substances in paragraph (a),
clause (6). If the standard unit of dispensing for the drug exceeds a 30-day supply, the
amount of the drug dispensed or sold must not exceed the standard unit of dispensing.

(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.

(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. The pharmacist must request and
receive authorization before any additional refills may be dispensed. If the practitioner
declines to provide authorization for additional refills, the pharmacist must inform the patient
of that fact.

(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 this section.

new text begin (f) Notwithstanding paragraph (b), when the governor has declared a peacetime
emergency under section 12.31 and the requirements of paragraph (a) are met:
new text end

new text begin (1) a pharmacist may dispense up to a 90-day supply of a legend drug, except that if the
drug is a controlled substance listed in section 152.02, subdivisions 3 to 6, the pharmacist
must not refill a prescription without authorization from the prescriber unless the controlled
substance has been specifically prescribed to treat a seizure disorder. If the controlled
substance has been specifically prescribed to treat a seizure disorder, the pharmacist may
dispense up to a seven day supply;
new text end

new text begin (2) the restrictions under paragraph (c) shall not apply; and
new text end

new text begin (3) the pharmacist must attempt to notify the practitioner who issued the prescription
drug order no later than 72 hours after the drug is sold or dispensed. If the prescriber, after
receiving notification of the sale or dispensing, informs the pharmacist that additional refills
should not be dispensed, the pharmacist shall not dispense additional refills and must inform
the patient of the prescriber's instruction.
new text end

new text begin Dispensing of drugs pursuant to this paragraph is permitted only until the end date of the
peacetime emergency declared by the governor.
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