HF 688

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/04/2019 04:02pm

A bill for an act
relating to health; allowing pharmacists to provide a drug refill without a
prescription; requiring insurance coverage; amending Minnesota Statutes 2018,
sections 151.01, subdivision 23; 151.211, subdivision 2, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 62Q.

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 151.211, subdivision 3, under
the terms of coverage that would apply had the prescription drug been dispensed according
to a prescription.
new text end

Sec. 2.

Minnesota Statutes 2018, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, or licensed
advanced practice registered nurse. For purposes of sections 151.15, subdivision 4; new text begin 151.211,
subdivision 3; new text end 151.252, subdivision 3; 151.37, subdivision 2, paragraphs (b), (e), and (f);
and 151.461, "practitioner" also means a physician assistant authorized to prescribe, dispense,
and administer under chapter 147A. For purposes of sections 151.15, subdivision 4; new text begin 151.211,
subdivision 3; new text end 151.252, subdivision 3; 151.37, subdivision 2, paragraph (b); and 151.461,
"practitioner" also means a dental therapist authorized to dispense and administer under
chapter 150A.

Sec. 3.

Minnesota Statutes 2018, section 151.211, subdivision 2, is amended to read:

Subd. 2.

Refill requirements.

new text begin Except as provided in subdivision 3, new text end a prescription drug
order may be refilled only with the written, electronic, or verbal consent of the prescriber
and in accordance with the requirements of this chapter, the rules of the board, and where
applicable, section 152.11. The date of such refill must be recorded and initialed upon the
original prescription drug order, or within the electronically maintained record of the original
prescription drug order, by the pharmacist, pharmacist intern, or practitioner who refills the
prescription.

Sec. 4.

Minnesota Statutes 2018, section 151.211, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Emergency prescription refills. new text end

new text begin (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:
new text end

new text begin (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;
new text end

new text begin (2) the pharmacy from which the legend drug is dispensed has 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;
new text end

new text begin (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;
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;
new text end

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

new text begin (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.
new text end

new text begin (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.
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. 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.
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 this section.
new text end