1.1 	A bill for an act
1.2 	relating to health; making changes to dental licensing provisions; authorizing 
1.3 	the administration of influenza vaccine by qualified dentists under certain 
1.4 	circumstances; providing penalties; modifying grounds for disciplinary 
1.5 	action by the Board of Nursing; modifying the health professionals services 
1.6 	program; modifying the compensation paid to the health-related licensing board 
1.7 	members; making changes to the Minnesota prescription monitoring program; 
1.8 	adding and modifying definitions; changing the requirements for pharmacist 
1.9 	participation in immunizations; changing the powers and duties of the Board 
1.10 	of Pharmacy; changing licensing requirements for businesses regulated by the 
1.11 	Board of Pharmacy; clarifying requirements for compounding; allowing certain 
1.12 	educational institutions to purchase legend drugs in limited circumstances; 
1.13 	allowing certain entities to handle drugs in preparation for emergency use; 
1.14 	clarifying the requirement that drug manufacturers report certain payments to the 
1.15 	Board of Pharmacy; adding certain substances to the schedules for controlled 
1.16 	substances; requiring a report; appropriating money;amending Minnesota 
1.17 	Statutes 2012, sections 148.261, subdivisions 1, 4, by adding a subdivision; 
1.18 	150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 
1.19 	150A.091, subdivisions 3, 8, 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 
1.20 	151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, 
1.21 	subdivisions 2, 3, 5; 152.02, subdivision 8b; 152.126, as amended; 214.09, 
1.22 	subdivision 3; 214.32, by adding a subdivision; 214.33, subdivision 3; Minnesota 
1.23 	Statutes 2013 Supplement, sections 151.252, by adding a subdivision; 152.02, 
1.24 	subdivision 2; 364.09; proposing coding for new law in Minnesota Statutes, 
1.25 	chapters 150A; 151.
1.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27 	ARTICLE 1
1.28 	HEALTH-RELATED LICENSING BOARDS

1.29 	Section 1. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
1.30 		Subdivision 1.Grounds listed. The board may deny, revoke, suspend, limit, or 
1.31 	condition the license and registration of any person to practice professional, advanced 
1.32 	practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise 
2.1 	discipline a licensee or applicant as described in section 148.262. The following are 
2.2 	grounds for disciplinary action:
2.3 	(1) Failure to demonstrate the qualifications or satisfy the requirements for a license 
2.4 	contained in sections 148.171 to 148.285 or rules of the board. In the case of a person 
2.5 	applying for a license, the burden of proof is upon the applicant to demonstrate the 
2.6 	qualifications or satisfaction of the requirements.
2.7 	(2) Employing fraud or deceit in procuring or attempting to procure a permit, license, 
2.8 	or registration certificate to practice professional or practical nursing or attempting to 
2.9 	subvert the licensing examination process. Conduct that subverts or attempts to subvert 
2.10 	the licensing examination process includes, but is not limited to:
2.11 	(i) conduct that violates the security of the examination materials, such as removing 
2.12 	examination materials from the examination room or having unauthorized possession of 
2.13 	any portion of a future, current, or previously administered licensing examination;
2.14 	(ii) conduct that violates the standard of test administration, such as communicating 
2.15 	with another examinee during administration of the examination, copying another 
2.16 	examinee's answers, permitting another examinee to copy one's answers, or possessing 
2.17 	unauthorized materials; or
2.18 	(iii) impersonating an examinee or permitting an impersonator to take the 
2.19 	examination on one's own behalf.
2.20 	(3) Conviction of a felony or gross misdemeanor reasonably related to the practice 
2.21 	of professional, advanced practice registered, or practical nursing. Conviction as used in 
2.22 	this subdivision includes a conviction of an offense that if committed in this state would 
2.23 	be considered a felony or gross misdemeanor without regard to its designation elsewhere, 
2.24 	or a criminal proceeding where a finding or verdict of guilt is made or returned but the 
2.25 	adjudication of guilt is either withheld or not entered.
2.26 	(4) Revocation, suspension, limitation, conditioning, or other disciplinary action 
2.27 	against the person's professional or practical nursing license or advanced practice 
2.28 	registered nursing credential, in another state, territory, or country; failure to report to the 
2.29 	board that charges regarding the person's nursing license or other credential are pending in 
2.30 	another state, territory, or country; or having been refused a license or other credential by 
2.31 	another state, territory, or country.
2.32 	(5) Failure to or inability to perform professional or practical nursing as defined in 
2.33 	section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure 
2.34 	of a registered nurse to supervise or a licensed practical nurse to monitor adequately the 
2.35 	performance of acts by any person working at the nurse's direction.
3.1 	(6) Engaging in unprofessional conduct, including, but not limited to, a departure 
3.2 	from or failure to conform to board rules of professional or practical nursing practice that 
3.3 	interpret the statutory definition of professional or practical nursing as well as provide 
3.4 	criteria for violations of the statutes, or, if no rule exists, to the minimal standards of 
3.5 	acceptable and prevailing professional or practical nursing practice, or any nursing 
3.6 	practice that may create unnecessary danger to a patient's life, health, or safety. Actual 
3.7 	injury to a patient need not be established under this clause.
3.8 	(7) Failure of an advanced practice registered nurse to practice with reasonable 
3.9 	skill and safety or departure from or failure to conform to standards of acceptable and 
3.10 	prevailing advanced practice registered nursing.
3.11 	(8) Delegating or accepting the delegation of a nursing function or a prescribed 
3.12 	health care function when the delegation or acceptance could reasonably be expected to 
3.13 	result in unsafe or ineffective patient care.
3.14 	(9) Actual or potential inability to practice nursing with reasonable skill and safety 
3.15 	to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or 
3.16 	as a result of any mental or physical condition.
3.17 	(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent 
3.18 	person, or a person dangerous to the public by a court of competent jurisdiction, within or 
3.19 	without this state.
3.20 	(11) Engaging in any unethical conduct, including, but not limited to, conduct likely 
3.21 	to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard 
3.22 	for the health, welfare, or safety of a patient. Actual injury need not be established under 
3.23 	this clause.
3.24 	(12) Engaging in conduct with a patient that is sexual or may reasonably be 
3.25 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
3.26 	demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
3.27 	(13) Obtaining money, property, or services from a patient, other than reasonable 
3.28 	fees for services provided to the patient, through the use of undue influence, harassment, 
3.29 	duress, deception, or fraud.
3.30 	(14) Revealing a privileged communication from or relating to a patient except when 
3.31 	otherwise required or permitted by law.
3.32 	(15) Engaging in abusive or fraudulent billing practices, including violations of 
3.33 	federal Medicare and Medicaid laws or state medical assistance laws.
3.34 	(16) Improper management of patient records, including failure to maintain adequate 
3.35 	patient records, to comply with a patient's request made pursuant to sections 144.291 to 
3.36 	144.298, or to furnish a patient record or report required by law.
4.1 	(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to 
4.2 	engage in the unlawful practice of professional, advanced practice registered, or practical 
4.3 	nursing.
4.4 	(18) Violating a rule adopted by the board, an order of the board, or a state or federal 
4.5 	law relating to the practice of professional, advanced practice registered, or practical 
4.6 	nursing, or a state or federal narcotics or controlled substance law.
4.7 	(19) Knowingly providing false or misleading information that is directly related 
4.8 	to the care of that patient unless done for an accepted therapeutic purpose such as the 
4.9 	administration of a placebo.
4.10 	(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as 
4.11 	established by any of the following:
4.12 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
4.13 	violation of section 609.215, subdivision 1 or 2;
4.14 	(ii) a copy of the record of a judgment of contempt of court for violating an 
4.15 	injunction issued under section 609.215, subdivision 4;
4.16 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
4.17 	subdivision 5; or
4.18 	(iv) a finding by the board that the person violated section 609.215, subdivision 
4.19 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
4.20 	subdivision 1 or 2.
4.21 	(21) Practicing outside the scope of practice authorized by section 148.171, 
4.22 	subdivision 5, 10, 11, 13, 14, 15, or 21.
4.23 	(22) Practicing outside the specific field of nursing practice for which an advanced 
4.24 	practice registered nurse is certified unless the practice is authorized under section 148.284.
4.25 	(23) Making a false statement or knowingly providing false information to the 
4.26 	board, failing to make reports as required by section 148.263, or failing to cooperate with 
4.27 	an investigation of the board as required by section 148.265.
4.28 	(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
4.29 	(25) Failure to inform the board of the person's certification status as a nurse 
4.30 	anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
4.31 	(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse 
4.32 	practitioner practice, or registered nurse anesthetist practice without current certification 
4.33 	by a national nurse certification organization acceptable to the board, except during the 
4.34 	period between completion of an advanced practice registered nurse course of study and 
4.35 	certification, not to exceed six months or as authorized by the board.
4.36 	(27) Engaging in conduct that is prohibited under section 145.412.
5.1 	(28) Failing to report employment to the board as required by section 148.211, 
5.2 	subdivision 2a, or knowingly aiding, assisting, advising, or allowing a person to fail to 
5.3 	report as required by section 148.211, subdivision 2a.
5.4 	(29) Discharge from the health professionals services program as described in 
5.5 	sections 214.31 to 214.37, or any other alternative monitoring or diversion program for 
5.6 	reasons other than satisfactory completion of the program as set forth in the participation 
5.7 	agreement.

5.8 	Sec. 2. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision 
5.9 	to read:
5.10 		Subd. 1a.Conviction of a felony-level criminal sexual offense. (a) Except as 
5.11 	provided in paragraph (e), the board may not grant or renew a license to practice nursing 
5.12 	to any person who has been convicted on or after August 1, 2014, of any of the provisions 
5.13 	of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1, 
5.14 	paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (c) to (o), or a similar statute 
5.15 	in another jurisdiction.
5.16 	(b) A license to practice nursing is automatically revoked if the licensee is convicted 
5.17 	of an offense listed in paragraph (a) of this section.
5.18 	(c) A license to practice nursing that has been denied or revoked under this 
5.19 	subdivision is not subject to chapter 364.
5.20 	(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of 
5.21 	guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or 
5.22 	execution of the sentence and final disposition of the case is accomplished at a nonfelony 
5.23 	level.
5.24 	(e) The board may establish criteria whereby an individual convicted of an offense 
5.25 	listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
5.26 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
5.27 	(2) provide a standard for overcoming the presumption; and
5.28 	(3) require that a minimum of ten years has elapsed since the applicant's sentence 
5.29 	was discharged.
5.30 	The board shall not consider an application under this paragraph if the board 
5.31 	determines that the victim involved in the offense was a patient or a client of the applicant 
5.32 	at the time of the offense.

5.33 	Sec. 3. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
6.1 		Subd. 4.Evidence. In disciplinary actions alleging a violation of subdivision 1, 
6.2 	clause (3) or (4), or subdivision 1a, a copy of the judgment or proceeding under the seal 
6.3 	of the court administrator or of the administrative agency that entered the same shall be 
6.4 	admissible into evidence without further authentication and shall constitute prima facie 
6.5 	evidence of the violation concerned.

6.6 	Sec. 4. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to read:
6.7 		Subd. 8a.Resident dentist. "Resident dentist" means a person who is licensed to 
6.8 	practice dentistry as an enrolled graduate student or student of an advanced education 
6.9 	program accredited by the American Dental Association Commission on Dental 
6.10 	Accreditation.

6.11 	Sec. 5. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
6.12 		Subdivision 1.Practice of dentistry. A person licensed to practice dentistry under 
6.13 	sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating 
6.14 	in the administration of an influenza vaccination.
6.15 		Subd. 2.Qualified dentists. (a) The influenza immunization shall be administered 
6.16 	only to patients 19 years of age and older and only by licensed dentists who:
6.17 	(1) have immediate access to emergency response equipment, including but not 
6.18 	limited to oxygen administration equipment, epinephrine, and other allergic reaction 
6.19 	response equipment; and
6.20 	(2) are trained in or have successfully completed a program approved by the 
6.21 	Minnesota Board of Dentistry, specifically for the administration of immunizations. The 
6.22 	training or program must include:
6.23 	(i) educational material on the disease of influenza and vaccination as prevention 
6.24 	of the disease;
6.25 	(ii) contraindications and precautions;
6.26 	(iii) intramuscular administration;
6.27 	(iv) communication of risk and benefits of influenza vaccination and legal 
6.28 	requirements involved;
6.29 	(v) reporting of adverse events;
6.30 	(vi) documentation required by federal law; and
6.31 	(vii) storage and handling of vaccines.
6.32 	(b) Any dentist giving influenza vaccinations under this section shall comply 
6.33 	with guidelines established by the federal Advisory Committee on Immunization 
6.34 	Practices relating to vaccines and immunizations, which includes, but is not limited to, 
7.1 	vaccine storage and handling, vaccine administration and documentation, and vaccine 
7.2 	contraindications and precautions.
7.3 		Subd. 3.Coordination of care. After a dentist qualified under subdivision 2 has 
7.4 	administered an influenza vaccine to a patient, the dentist shall report the administration of 
7.5 	the immunization to the Minnesota Immunization Information Connection or otherwise 
7.6 	notify the patient's primary physician or clinic of the administration of the immunization.

7.7 	EFFECTIVE DATE. This section is effective January 1, 2015, and applies to 
7.8 	influenza immunizations performed on or after that date.

7.9 	Sec. 6. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
7.10 		Subdivision 1.Dentists. A person of good moral character who has graduated from 
7.11 	a dental program accredited by the Commission on Dental Accreditation of the American 
7.12 	Dental Association, having submitted an application and fee as prescribed by the board, 
7.13 	may be examined by the board or by an agency pursuant to section 150A.03, subdivision 
7.14 	1, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental 
7.15 	college in another country must not be disqualified from examination solely because of 
7.16 	the applicant's foreign training if the board determines that the training is equivalent to or 
7.17 	higher than that provided by a dental college accredited by the Commission on Dental 
7.18 	Accreditation of the American Dental Association. In the case of examinations conducted 
7.19 	pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to 
7.20 	applying to the board for licensure. The examination shall include an examination of the 
7.21 	applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the 
7.22 	board. An applicant is ineligible to retake the clinical examination required by the board 
7.23 	after failing it twice until further education and training are obtained as specified by the 
7.24 	board by rule. A separate, nonrefundable fee may be charged for each time a person applies. 
7.25 	An applicant who passes the examination in compliance with subdivision 2b, abides by 
7.26 	professional ethical conduct requirements, and meets all other requirements of the board 
7.27 	shall be licensed to practice dentistry and granted a general dentist license by the board.

7.28 	Sec. 7. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
7.29 		Subd. 1a.Faculty dentists. (a) Faculty members of a school of dentistry must be 
7.30 	licensed in order to practice dentistry as defined in section 150A.05. The board may 
7.31 	issue to members of the faculty of a school of dentistry a license designated as either a 
7.32 	"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry 
7.33 	within the terms described in paragraph (b) or (c). The dean of a school of dentistry and 
7.34 	program directors of a Minnesota dental hygiene or dental assisting school accredited by 
8.1 	the Commission on Dental Accreditation of the American Dental Association shall certify 
8.2 	to the board those members of the school's faculty who practice dentistry but are not 
8.3 	licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as 
8.4 	defined in section 150A.05, before beginning duties in a school of dentistry or a dental 
8.5 	hygiene or dental assisting school, shall apply to the board for a limited or full faculty 
8.6 	license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board, 
8.7 	a limited faculty license must be renewed annually and a full faculty license must be 
8.8 	renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board 
8.9 	for issuing and renewing the faculty license. The faculty license is valid during the time 
8.10 	the holder remains a member of the faculty of a school of dentistry or a dental hygiene or 
8.11 	dental assisting school and subjects the holder to this chapter.
8.12 	(b) The board may issue to dentist members of the faculty of a Minnesota school 
8.13 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
8.14 	Accreditation of the American Dental Association, a license designated as a limited 
8.15 	faculty license entitling the holder to practice dentistry within the school and its affiliated 
8.16 	teaching facilities, but only for the purposes of teaching or conducting research. The 
8.17 	practice of dentistry at a school facility for purposes other than teaching or research is not 
8.18 	allowed unless the dentist was a faculty member on August 1, 1993.
8.19 	(c) The board may issue to dentist members of the faculty of a Minnesota school 
8.20 	of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental 
8.21 	Accreditation of the American Dental Association a license designated as a full faculty 
8.22 	license entitling the holder to practice dentistry within the school and its affiliated teaching 
8.23 	facilities and elsewhere if the holder of the license is employed 50 percent time or more by 
8.24 	the school in the practice of teaching or research, and upon successful review by the board 
8.25 	of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule. 
8.26 	The board, at its discretion, may waive specific licensing prerequisites.

8.27 	Sec. 8. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
8.28 		Subd. 1c.Specialty dentists. (a) The board may grant a one or more specialty 
8.29 	license licenses in the specialty areas of dentistry that are recognized by the American 
8.30 	Dental Association Commission on Dental Accreditation.
8.31 	(b) An applicant for a specialty license shall:
8.32 	(1) have successfully completed a postdoctoral specialty education program 
8.33 	accredited by the Commission on Dental Accreditation of the American Dental 
8.34 	Association, or have announced a limitation of practice before 1967;
9.1 	(2) have been certified by a specialty examining board approved by the Minnesota 
9.2 	Board of Dentistry, or provide evidence of having passed a clinical examination for 
9.3 	licensure required for practice in any state or Canadian province, or in the case of oral and 
9.4 	maxillofacial surgeons only, have a Minnesota medical license in good standing;
9.5 	(3) have been in active practice or a postdoctoral specialty education program or 
9.6 	United States government service at least 2,000 hours in the 36 months prior to applying 
9.7 	for a specialty license;
9.8 	(4) if requested by the board, be interviewed by a committee of the board, which 
9.9 	may include the assistance of specialists in the evaluation process, and satisfactorily 
9.10 	respond to questions designed to determine the applicant's knowledge of dental subjects 
9.11 	and ability to practice;
9.12 	(5) if requested by the board, present complete records on a sample of patients 
9.13 	treated by the applicant. The sample must be drawn from patients treated by the applicant 
9.14 	during the 36 months preceding the date of application. The number of records shall be 
9.15 	established by the board. The records shall be reasonably representative of the treatment 
9.16 	typically provided by the applicant for each specialty area;
9.17 	(6) at board discretion, pass a board-approved English proficiency test if English is 
9.18 	not the applicant's primary language;
9.19 	(7) pass all components of the National Board Dental Examinations;
9.20 	(8) pass the Minnesota Board of Dentistry jurisprudence examination;
9.21 	(9) abide by professional ethical conduct requirements; and
9.22 	(10) meet all other requirements prescribed by the Board of Dentistry.
9.23 	(c) The application must include:
9.24 	(1) a completed application furnished by the board;
9.25 	(2) at least two character references from two different dentists for each specialty 
9.26 	area, one of whom must be a dentist practicing in the same specialty area, and the other
9.27 	 from the director of the each specialty program attended;
9.28 	(3) a licensed physician's statement attesting to the applicant's physical and mental 
9.29 	condition;
9.30 	(4) a statement from a licensed ophthalmologist or optometrist attesting to the 
9.31 	applicant's visual acuity;
9.32 	(5) a nonrefundable fee; and
9.33 	(6) a notarized, unmounted passport-type photograph, three inches by three inches, 
9.34 	taken not more than six months before the date of application.
9.35 	(d) A specialty dentist holding a one or more specialty license licenses is limited to 
9.36 	practicing in the dentist's designated specialty area or areas. The scope of practice must be 
10.1 	defined by each national specialty board recognized by the American Dental Association
10.2 	 Commission on Dental Accreditation.
10.3 	(e) A specialty dentist holding a general dentist dental license is limited to practicing 
10.4 	in the dentist's designated specialty area or areas if the dentist has announced a limitation 
10.5 	of practice. The scope of practice must be defined by each national specialty board 
10.6 	recognized by the American Dental Association Commission on Dental Accreditation.
10.7 	(f) All specialty dentists who have fulfilled the specialty dentist requirements and 
10.8 	who intend to limit their practice to a particular specialty area or areas may apply for 
10.9 	a one or more  specialty license licenses.

10.10 	Sec. 9. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
10.11 		Subd. 1d.Dental therapists. A person of good moral character who has graduated 
10.12 	with a baccalaureate degree or a master's degree from a dental therapy education program 
10.13 	that has been approved by the board or accredited by the American Dental Association
10.14 	 Commission on Dental Accreditation or another board-approved national accreditation 
10.15 	organization may apply for licensure.
10.16 	The applicant must submit an application and fee as prescribed by the board and a 
10.17 	diploma or certificate from a dental therapy education program. Prior to being licensed, 
10.18 	the applicant must pass a comprehensive, competency-based clinical examination that is 
10.19 	approved by the board and administered independently of an institution providing dental 
10.20 	therapy education. The applicant must also pass an examination testing the applicant's 
10.21 	knowledge of the Minnesota laws and rules relating to the practice of dentistry. An 
10.22 	applicant who has failed the clinical examination twice is ineligible to retake the clinical 
10.23 	examination until further education and training are obtained as specified by the board. A 
10.24 	separate, nonrefundable fee may be charged for each time a person applies. An applicant 
10.25 	who passes the examination in compliance with subdivision 2b, abides by professional 
10.26 	ethical conduct requirements, and meets all the other requirements of the board shall 
10.27 	be licensed as a dental therapist.

10.28 	Sec. 10. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
10.29 		Subd. 2.Dental hygienists. A person of good moral character, who has graduated 
10.30 	from a dental hygiene program accredited by the Commission on Dental Accreditation of 
10.31 	the American Dental Association and established in an institution accredited by an agency 
10.32 	recognized by the United States Department of Education to offer college-level programs, 
10.33 	may apply for licensure. The dental hygiene program must provide a minimum of two 
10.34 	academic years of dental hygiene education. The applicant must submit an application and 
11.1 	fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being 
11.2 	licensed, the applicant must pass the National Board of Dental Hygiene examination and a 
11.3 	board approved examination designed to determine the applicant's clinical competency. In 
11.4 	the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants 
11.5 	shall take the examination before applying to the board for licensure. The applicant must 
11.6 	also pass an examination testing the applicant's knowledge of the laws of Minnesota relating 
11.7 	to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake 
11.8 	the clinical examination required by the board after failing it twice until further education 
11.9 	and training are obtained as specified by board rule. A separate, nonrefundable fee may 
11.10 	be charged for each time a person applies. An applicant who passes the examination in 
11.11 	compliance with subdivision 2b, abides by professional ethical conduct requirements, and 
11.12 	meets all the other requirements of the board shall be licensed as a dental hygienist.

11.13 	Sec. 11. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
11.14 		Subd. 2a.Licensed dental assistant. A person of good moral character, who has 
11.15 	graduated from a dental assisting program accredited by the Commission on Dental 
11.16 	Accreditation of the American Dental Association, may apply for licensure. The applicant 
11.17 	must submit an application and fee as prescribed by the board and the diploma or 
11.18 	certificate of dental assisting. In the case of examinations conducted pursuant to section 
11.19 	150A.03, subdivision 1, applicants shall take the examination before applying to the board 
11.20 	for licensure. The examination shall include an examination of the applicant's knowledge 
11.21 	of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is 
11.22 	ineligible to retake the licensure examination required by the board after failing it twice 
11.23 	until further education and training are obtained as specified by board rule. A separate, 
11.24 	nonrefundable fee may be charged for each time a person applies. An applicant who 
11.25 	passes the examination in compliance with subdivision 2b, abides by professional ethical 
11.26 	conduct requirements, and meets all the other requirements of the board shall be licensed 
11.27 	as a dental assistant.

11.28 	Sec. 12. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
11.29 		Subd. 2d.Continuing education and professional development waiver. (a) The 
11.30 	board shall grant a waiver to the continuing education requirements under this chapter for 
11.31 	a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental 
11.32 	assistant who documents to the satisfaction of the board that the dentist, dental therapist, 
11.33 	dental hygienist, or licensed dental assistant has retired from active practice in the state 
11.34 	and limits the provision of dental care services to those offered without compensation 
12.1 	in a public health, community, or tribal clinic or a nonprofit organization that provides 
12.2 	services to the indigent or to recipients of medical assistance, general assistance medical 
12.3 	care, or MinnesotaCare programs.
12.4 	(b) The board may require written documentation from the volunteer and retired 
12.5 	dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting 
12.6 	this waiver.
12.7 	(c) The board shall require the volunteer and retired dentist, dental therapist, dental 
12.8 	hygienist, or licensed dental assistant to meet the following requirements:
12.9 	(1) a licensee seeking a waiver under this subdivision must complete and document 
12.10 	at least five hours of approved courses in infection control, medical emergencies, and 
12.11 	medical management for the continuing education cycle; and
12.12 	(2) provide documentation of current CPR certification from completion of the 
12.13 	American Heart Association healthcare provider course, or the American Red Cross 
12.14 	professional rescuer course, or an equivalent entity.

12.15 	Sec. 13. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
12.16 		Subd. 3.Waiver of examination. (a) All or any part of the examination for 
12.17 	dentists or dental hygienists, except that pertaining to the law of Minnesota relating to 
12.18 	dentistry and the rules of the board, may, at the discretion of the board, be waived for an 
12.19 	applicant who presents a certificate of having passed all components of the National Board 
12.20 	Dental Examinations or evidence of having maintained an adequate scholastic standing 
12.21 	as determined by the board, in dental school as to dentists, or dental hygiene school as 
12.22 	to dental hygienists.
12.23 	(b) The board shall waive the clinical examination required for licensure for any 
12.24 	dentist applicant who is a graduate of a dental school accredited by the Commission on 
12.25 	Dental Accreditation of the American Dental Association, who has passed all components 
12.26 	of the National Board Dental Examinations, and who has satisfactorily completed a 
12.27 	Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced 
12.28 	education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral 
12.29 	program must be accredited by the Commission on Dental Accreditation of the American 
12.30 	Dental Association, be of at least one year's duration, and include an outcome assessment 
12.31 	evaluation assessing the resident's competence to practice dentistry. The board may require 
12.32 	the applicant to submit any information deemed necessary by the board to determine 
12.33 	whether the waiver is applicable. The board may waive the clinical examination for an 
12.34 	applicant who meets the requirements of this paragraph and has satisfactorily completed an 
12.35 	accredited postdoctoral general dentistry residency program located outside of Minnesota.

13.1 	Sec. 14. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
13.2 		Subd. 8.Licensure by credentials. (a) Any dental assistant may, upon application 
13.3 	and payment of a fee established by the board, apply for licensure based on an evaluation 
13.4 	of the applicant's education, experience, and performance record in lieu of completing a 
13.5 	board-approved dental assisting program for expanded functions as defined in rule, and 
13.6 	may be interviewed by the board to determine if the applicant:
13.7 	(1) has graduated from an accredited dental assisting program accredited by the 
13.8 	Commission of on Dental Accreditation of the American Dental Association, or is 
13.9 	currently certified by the Dental Assisting National Board;
13.10 	(2) is not subject to any pending or final disciplinary action in another state or 
13.11 	Canadian province, or if not currently certified or registered, previously had a certification 
13.12 	or registration in another state or Canadian province in good standing that was not subject 
13.13 	to any final or pending disciplinary action at the time of surrender;
13.14 	(3) is of good moral character and abides by professional ethical conduct 
13.15 	requirements;
13.16 	(4) at board discretion, has passed a board-approved English proficiency test if 
13.17 	English is not the applicant's primary language; and
13.18 	(5) has met all expanded functions curriculum equivalency requirements of a 
13.19 	Minnesota board-approved dental assisting program.
13.20 	(b) The board, at its discretion, may waive specific licensure requirements in 
13.21 	paragraph (a).
13.22 	(c) An applicant who fulfills the conditions of this subdivision and demonstrates the 
13.23 	minimum knowledge in dental subjects required for licensure under subdivision 2a must 
13.24 	be licensed to practice the applicant's profession.
13.25 	(d) If the applicant does not demonstrate the minimum knowledge in dental subjects 
13.26 	required for licensure under subdivision 2a, the application must be denied. If licensure is 
13.27 	denied, the board may notify the applicant of any specific remedy that the applicant could 
13.28 	take which, when passed, would qualify the applicant for licensure. A denial does not 
13.29 	prohibit the applicant from applying for licensure under subdivision 2a.
13.30 	(e) A candidate whose application has been denied may appeal the decision to the 
13.31 	board according to subdivision 4a.

13.32 	Sec. 15. Minnesota Statutes 2012, section 150A.091, subdivision 3, is amended to read:
13.33 		Subd. 3.Initial license or permit fees. Along with the application fee, each of the 
13.34 	following applicants shall submit a separate prorated initial license or permit fee. The 
13.35 	prorated initial fee shall be established by the board based on the number of months of the 
14.1 	applicant's initial term as described in Minnesota Rules, part 3100.1700, subpart 1a, not to 
14.2 	exceed the following monthly nonrefundable fee amounts:
14.3 	(1) dentist or full faculty dentist, $14 times the number of months of the initial 
14.4 	term $168;
14.5 	(2) dental therapist, $10 times the number of months of the initial term $120;
14.6 	(3) dental hygienist, $5 times the number of months of the initial term $60;
14.7 	(4) licensed dental assistant, $3 times the number of months of the initial term
14.8 	 $36; and
14.9 	(5) dental assistant with a permit as described in Minnesota Rules, part 3100.8500, 
14.10 	subpart 3, $1 times the number of months of the initial term $12.

14.11 	Sec. 16. Minnesota Statutes 2012, section 150A.091, subdivision 8, is amended to read:
14.12 		Subd. 8.Duplicate license or certificate fee. Each applicant shall submit, with 
14.13 	a request for issuance of a duplicate of the original license, or of an annual or biennial 
14.14 	renewal certificate for a license or permit, a fee in the following amounts:
14.15 	(1) original dentist, full faculty dentist, dental therapist, dental hygiene, or dental 
14.16 	assistant license, $35; and
14.17 	(2) annual or biennial renewal certificates, $10.; and
14.18 	(3) wallet-sized license and renewal certificate, $15.

14.19 	Sec. 17. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to 
14.20 	read:
14.21 		Subd. 16.Failure of professional development portfolio audit. A licensee shall 
14.22 	submit a fee as established by the board not to exceed the amount of $250 after failing two 
14.23 	consecutive professional development portfolio audits and, thereafter, for each failed (a) If 
14.24 	a licensee fails a professional development portfolio audit under Minnesota Rules, part 
14.25 	3100.5300, the board is authorized to take the following actions:
14.26 	(1) for the first failure, the board may issue a warning to the licensee;
14.27 	(2) for the second failure within ten years, the board may assess a penalty of not 
14.28 	more than $250; and
14.29 	(3) for any additional failures within the ten year period, the board may assess a 
14.30 	penalty of not more than $1000.
14.31 	(b) In addition to the penalty fee, the board may initiate the complaint process to 
14.32 	address multiple failed audits.

15.1 	Sec. 18. Minnesota Statutes 2012, section 150A.10, is amended to read:
15.2 	150A.10 ALLIED DENTAL PERSONNEL.
15.3 		Subdivision 1.Dental hygienists. Any licensed dentist, licensed dental therapist, 
15.4 	public institution, or school authority may obtain services from a licensed dental hygienist. 
15.5 	The licensed dental hygienist may provide those services defined in section 150A.05, 
15.6 	subdivision 1a. The services provided shall not include the establishment of a final 
15.7 	diagnosis or treatment plan for a dental patient. All services shall be provided under 
15.8 	supervision of a licensed dentist. Any licensed dentist who shall permit any dental service 
15.9 	by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed 
15.10 	to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental 
15.11 	service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
15.12 		Subd. 1a.Limited authorization for dental hygienists. (a) Notwithstanding 
15.13 	subdivision 1, a dental hygienist licensed under this chapter may be employed or retained 
15.14 	by a health care facility, program, or nonprofit organization to perform dental hygiene 
15.15 	services described under paragraph (b) without the patient first being examined by a 
15.16 	licensed dentist if the dental hygienist:
15.17 	(1) has been engaged in the active practice of clinical dental hygiene for not less than 
15.18 	2,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of 
15.19 	200 hours of clinical practice in two of the past three years;
15.20 	(2) has entered into a collaborative agreement with a licensed dentist that designates 
15.21 	authorization for the services provided by the dental hygienist;
15.22 	(3) has documented participation in courses in infection control and medical 
15.23 	emergencies within each continuing education cycle; and
15.24 	(4) maintains current CPR certification from completion of the American Heart 
15.25 	Association healthcare provider course, or the American Red Cross professional rescuer 
15.26 	course, or an equivalent entity.
15.27 	(b) The dental hygiene services authorized to be performed by a dental hygienist 
15.28 	under this subdivision are limited to:
15.29 	(1) oral health promotion and disease prevention education;
15.30 	(2) removal of deposits and stains from the surfaces of the teeth;
15.31 	(3) application of topical preventive or prophylactic agents, including fluoride 
15.32 	varnishes and pit and fissure sealants;
15.33 	(4) polishing and smoothing restorations;
15.34 	(5) removal of marginal overhangs;
15.35 	(6) performance of preliminary charting;
15.36 	(7) taking of radiographs; and
16.1 	(8) performance of scaling and root planing.
16.2 	The dental hygienist may administer injections of local anesthetic agents or nitrous 
16.3 	oxide inhalation analgesia as specifically delegated in the collaborative agreement with 
16.4 	a licensed dentist. The dentist need not first examine the patient or be present. If the 
16.5 	patient is considered medically compromised, the collaborative dentist shall review the 
16.6 	patient record, including the medical history, prior to the provision of these services. 
16.7 	Collaborating dental hygienists may work with unlicensed and licensed dental assistants 
16.8 	who may only perform duties for which licensure is not required. The performance of 
16.9 	dental hygiene services in a health care facility, program, or nonprofit organization as 
16.10 	authorized under this subdivision is limited to patients, students, and residents of the 
16.11 	facility, program, or organization.
16.12 	(c) A collaborating dentist must be licensed under this chapter and may enter into 
16.13 	a collaborative agreement with no more than four dental hygienists unless otherwise 
16.14 	authorized by the board. The board shall develop parameters and a process for obtaining 
16.15 	authorization to collaborate with more than four dental hygienists. The collaborative 
16.16 	agreement must include:
16.17 	(1) consideration for medically compromised patients and medical conditions for 
16.18 	which a dental evaluation and treatment plan must occur prior to the provision of dental 
16.19 	hygiene services;
16.20 	(2) age- and procedure-specific standard collaborative practice protocols, including 
16.21 	recommended intervals for the performance of dental hygiene services and a period of 
16.22 	time in which an examination by a dentist should occur;
16.23 	(3) copies of consent to treatment form provided to the patient by the dental hygienist;
16.24 	(4) specific protocols for the placement of pit and fissure sealants and requirements 
16.25 	for follow-up care to assure the efficacy of the sealants after application; and
16.26 	(5) a procedure for creating and maintaining dental records for the patients that are 
16.27 	treated by the dental hygienist. This procedure must specify where these records are 
16.28 	to be located.
16.29 	The collaborative agreement must be signed and maintained by the dentist, the dental 
16.30 	hygienist, and the facility, program, or organization; must be reviewed annually by the 
16.31 	collaborating dentist and dental hygienist; and must be made available to the board 
16.32 	upon request.
16.33 	(d) Before performing any services authorized under this subdivision, a dental 
16.34 	hygienist must provide the patient with a consent to treatment form which must include a 
16.35 	statement advising the patient that the dental hygiene services provided are not a substitute 
16.36 	for a dental examination by a licensed dentist. If the dental hygienist makes any referrals 
17.1 	to the patient for further dental procedures, the dental hygienist must fill out a referral form 
17.2 	and provide a copy of the form to the collaborating dentist.
17.3 	(e) For the purposes of this subdivision, a "health care facility, program, or 
17.4 	nonprofit organization" is limited to a hospital; nursing home; home health agency; group 
17.5 	home serving the elderly, disabled, or juveniles; state-operated facility licensed by the 
17.6 	commissioner of human services or the commissioner of corrections; and federal, state, or 
17.7 	local public health facility, community clinic, tribal clinic, school authority, Head Start 
17.8 	program, or nonprofit organization that serves individuals who are uninsured or who are 
17.9 	Minnesota health care public program recipients.
17.10 	(f) For purposes of this subdivision, a "collaborative agreement" means a written 
17.11 	agreement with a licensed dentist who authorizes and accepts responsibility for the 
17.12 	services performed by the dental hygienist. The services authorized under this subdivision 
17.13 	and the collaborative agreement may be performed without the presence of a licensed 
17.14 	dentist and may be performed at a location other than the usual place of practice of the 
17.15 	dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless 
17.16 	specified in the collaborative agreement.
17.17 		Subd. 2.Dental assistants. Every licensed dentist and dental therapist who uses the 
17.18 	services of any unlicensed person for the purpose of assistance in the practice of dentistry 
17.19 	or dental therapy shall be responsible for the acts of such unlicensed person while engaged 
17.20 	in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to 
17.21 	perform only those acts which are authorized to be delegated to unlicensed assistants 
17.22 	by the Board of Dentistry. The acts shall be performed under supervision of a licensed 
17.23 	dentist or dental therapist. A licensed dental therapist shall not supervise more than four 
17.24 	registered licensed or unlicensed dental assistants at any one practice setting. The board 
17.25 	may permit differing levels of dental assistance based upon recognized educational 
17.26 	standards, approved by the board, for the training of dental assistants. The board may also 
17.27 	define by rule the scope of practice of licensed and unlicensed dental assistants. The 
17.28 	board by rule may require continuing education for differing levels of dental assistants, 
17.29 	as a condition to their license or authority to perform their authorized duties. Any 
17.30 	licensed dentist or dental therapist who permits an unlicensed assistant to perform any 
17.31 	dental service other than that authorized by the board shall be deemed to be enabling an 
17.32 	unlicensed person to practice dentistry, and commission of such an act by an unlicensed 
17.33 	assistant shall constitute a violation of sections 150A.01 to 150A.12.
17.34 		Subd. 3.Dental technicians. Every licensed dentist and dental therapist who uses 
17.35 	the services of any unlicensed person, other than under the dentist's or dental therapist's 
17.36 	supervision and within the same practice setting, for the purpose of constructing, altering, 
18.1 	repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic, 
18.2 	prosthetic or other dental appliance, shall be required to furnish such unlicensed person 
18.3 	with a written work order in such form as shall be prescribed by the rules of the board. The 
18.4 	work order shall be made in duplicate form, a duplicate copy to be retained in a permanent 
18.5 	file of the dentist or dental therapist at the practice setting for a period of two years, and 
18.6 	the original to be retained in a permanent file for a period of two years by the unlicensed 
18.7 	person in that person's place of business. The permanent file of work orders to be kept 
18.8 	by the dentist, dental therapist, or unlicensed person shall be open to inspection at any 
18.9 	reasonable time by the board or its duly constituted agent.
18.10 		Subd. 4.Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and 
18.11 	2, a licensed dental hygienist or licensed dental assistant may perform the following 
18.12 	restorative procedures:
18.13 	(1) place, contour, and adjust amalgam restorations;
18.14 	(2) place, contour, and adjust glass ionomer;
18.15 	(3) adapt and cement stainless steel crowns; and
18.16 	(4) place, contour, and adjust class I and class V supragingival composite restorations 
18.17 	where the margins are entirely within the enamel.; and
18.18 	(5) place, contour, and adjust class II and class V supragingival composite 
18.19 	restorations on primary teeth.
18.20 	(b) The restorative procedures described in paragraph (a) may be performed only if:
18.21 	(1) the licensed dental hygienist or licensed dental assistant has completed a 
18.22 	board-approved course on the specific procedures;
18.23 	(2) the board-approved course includes a component that sufficiently prepares the 
18.24 	licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly 
18.25 	placed restoration;
18.26 	(3) a licensed dentist or licensed advanced dental therapist has authorized the 
18.27 	procedure to be performed; and
18.28 	(4) a licensed dentist or licensed advanced dental therapist is available in the clinic 
18.29 	while the procedure is being performed.
18.30 	(c) The dental faculty who teaches the educators of the board-approved courses 
18.31 	specified in paragraph (b) must have prior experience teaching these procedures in an 
18.32 	accredited dental education program.

18.33 	Sec. 19. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
18.34 		Subd. 3.Compensation. (a) Members of the boards may be compensated at the 
18.35 	rate of $55 a day spent on board activities, when authorized by the board, plus expenses 
19.1 	inMembers of health-related licensing boards may be compensated at the rate of $75 a 
19.2 	day spent on board activities and members of nonhealth-related licensing boards may be 
19.3 	compensated at the rate of $55 a day spent on board activities when authorized by the 
19.4 	board, plus expenses in the same manner and amount as authorized by the commissioner's 
19.5 	plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent 
19.6 	attending board meetings, incur child care expenses that would not otherwise have been 
19.7 	incurred, may be reimbursed for those expenses upon board authorization.
19.8 	(b) Members who are state employees or employees of the political subdivisions 
19.9 	of the state must not receive the daily payment for activities that occur during working 
19.10 	hours for which they are also compensated by the state or political subdivision. However, 
19.11 	a state or political subdivision employee may receive the daily payment if the employee 
19.12 	uses vacation time or compensatory time accumulated in accordance with a collective 
19.13 	bargaining agreement or compensation plan for board activity. Members who are state 
19.14 	employees or employees of the political subdivisions of the state may receive the expenses 
19.15 	provided for in this subdivision unless the expenses are reimbursed by another source. 
19.16 	Members who are state employees or employees of political subdivisions of the state 
19.17 	may be reimbursed for child care expenses only for time spent on board activities that 
19.18 	are outside their working hours.
19.19 	(c) Each board must adopt internal standards prescribing what constitutes a day 
19.20 	spent on board activities for purposes of making daily payments under this subdivision.

19.21 	Sec. 20. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision 
19.22 	to read:
19.23 		Subd. 6.Duties of a participating board. Upon receiving a report from the program 
19.24 	manager in accordance with section 214.33, subdivision 3, that a regulated person has been 
19.25 	discharged from the program due to noncompliance based on allegations that the regulated 
19.26 	person has engaged in conduct that might cause risk to the public, the participating board 
19.27 	may temporarily suspend the regulated person's professional license until the completion of 
19.28 	a disciplinary investigation. The board must complete the disciplinary investigation within 
19.29 	60 days of receipt of the report from the program. If the investigation is not completed by 
19.30 	the board within 60 days, the temporary suspension shall be lifted, unless the regulated 
19.31 	person requests a delay in the disciplinary proceedings for any reason, upon which the 
19.32 	temporary suspension shall remain in place until the completion of the investigation.

19.33 	Sec. 21. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
20.1 		Subd. 3.Program manager. (a) The program manager shall report to the 
20.2 	appropriate participating board a regulated person who:
20.3 	(1)  does not meet program admission criteria,;
20.4 	(2) violates the terms of the program participation agreement, or;
20.5 	(3)  leaves or is discharged from the program except upon fulfilling the terms for 
20.6 	successful completion of the program as set forth in the participation agreement.;
20.7 	(4) is subject to the provisions of sections 214.17 to 214.25;
20.8 	(5) causes identifiable patient harm;
20.9 	(6) unlawfully substitutes or adulterates medications;
20.10 	(7) writes a prescription or causes a prescription to be dispensed in the name of a 
20.11 	person, other than the prescriber, or veterinary patient for the personal use of the prescriber;
20.12 	(8) alters a prescription without the knowledge of the prescriber for the purpose of 
20.13 	obtaining a drug for personal use;
20.14 	(9) unlawfully uses a controlled or mood-altering substance or uses alcohol while 
20.15 	providing patient care or during the period of time in which the regulated person may be 
20.16 	contacted to provide patient care or is otherwise on duty, if current use is the reason for 
20.17 	participation in the program or the use occurs while the regulated person is participating 
20.18 	in the program; or
20.19 	The program manager shall report to the appropriate participating board a regulated 
20.20 	person who(10) is alleged to have committed violations of the person's practice act that 
20.21 	are outside the authority of the health professionals services program as described in 
20.22 	sections 214.31 to 214.37. 
20.23 	(b) The program manager shall inform any reporting person of the disposition of the 
20.24 	person's report to the program.

20.25 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to 
20.26 	violations that occur after the effective date.

20.27 	Sec. 22. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
20.28 	364.09 EXCEPTIONS.
20.29 	(a) This chapter does not apply to the licensing process for peace officers; to law 
20.30 	enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire 
20.31 	protection agencies; to eligibility for a private detective or protective agent license; to the 
20.32 	licensing and background study process under chapters 245A and 245C; to eligibility 
20.33 	for school bus driver endorsements; to eligibility for special transportation service 
20.34 	endorsements; to eligibility for a commercial driver training instructor license, which is 
21.1 	governed by section 171.35 and rules adopted under that section; to emergency medical 
21.2 	services personnel, or to the licensing by political subdivisions of taxicab drivers, if the 
21.3 	applicant for the license has been discharged from sentence for a conviction within the ten 
21.4 	years immediately preceding application of a violation of any of the following:
21.5 	(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, 
21.6 	subdivision 2 or 3;
21.7 	(2) any provision of chapter 152 that is punishable by a maximum sentence of 
21.8 	15 years or more; or
21.9 	(3) a violation of chapter 169 or 169A involving driving under the influence, leaving 
21.10 	the scene of an accident, or reckless or careless driving.
21.11 	This chapter also shall not apply to eligibility for juvenile corrections employment, where 
21.12 	the offense involved child physical or sexual abuse or criminal sexual conduct.
21.13 	(b) This chapter does not apply to a school district or to eligibility for a license 
21.14 	issued or renewed by the Board of Teaching or the commissioner of education.
21.15 	(c) Nothing in this section precludes the Minnesota Police and Peace Officers 
21.16 	Training Board or the state fire marshal from recommending policies set forth in this 
21.17 	chapter to the attorney general for adoption in the attorney general's discretion to apply to 
21.18 	law enforcement or fire protection agencies.
21.19 	(d) This chapter does not apply to a license to practice medicine that has been denied 
21.20 	or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
21.21 	(e) This chapter does not apply to any person who has been denied a license to 
21.22 	practice chiropractic or whose license to practice chiropractic has been revoked by the 
21.23 	board in accordance with section 148.10, subdivision 7.
21.24 	(f) This chapter does not apply to any license, registration, or permit that has 
21.25 	been denied or revoked by the Board of Nursing in accordance with section 148.261, 
21.26 	subdivision 1a.
21.27 	(f) (g) This chapter does not supersede a requirement under law to conduct a 
21.28 	criminal history background investigation or consider criminal history records in hiring 
21.29 	for particular types of employment.

21.30				APPROPRIATIONS
	
21.31				Available for the Year
	
21.32				Ending June 30
	
21.33					2014
		2015

21.34	Sec. 23. APPROPRIATIONS
 	$
		$

21.35	Board of Behavioral Health and Therapy
		-0-
		8,000
	
22.1 	This appropriation is from the state 
22.2 	government special revenue fund for board 
22.3 	member per diem payments and licensing 
22.4 	activity.

22.5	Board of Chiropractic Examiners
		-0-
		10,000
	
22.6 	This appropriation is from the state 
22.7 	government special revenue fund for board 
22.8 	member per diem payments.

22.9	Board of Dentistry
		-0-
		39,000
	
22.10 	This appropriation is from the state 
22.11 	government special revenue fund for board 
22.12 	member per diem payments.

22.13	Board of Dietetics and Nutrition Practice
		-0-
		1,000
	
22.14 	This appropriation is from the state 
22.15 	government special revenue fund for board 
22.16 	member per diem payments.

22.17	Board of Marriage and Family Therapy
		-0-
		4,000
	
22.18 	This appropriation is from the state 
22.19 	government special revenue fund for board 
22.20 	member per diem payments and licensing 
22.21 	activity.

22.22	Board of Medical Practice
		-0-
		38,000
	
22.23 	This appropriation is from the state 
22.24 	government special revenue fund for board 
22.25 	member per diem payments.

22.26	Board of Nursing
		-0-
		266,000
	
22.27 	This appropriation is from the state 
22.28 	government special revenue fund for board 
22.29 	member per diem payments and licensing 
22.30 	activity.

22.31	Board of Nursing Home Administrators
		-0-
		2,000
	
23.1 	This appropriation is from the state 
23.2 	government special revenue fund for board 
23.3 	member per diem payments.

23.4	Board of Optometry
		-0-
		1,000
	
23.5 	This appropriation is from the state 
23.6 	government special revenue fund for board 
23.7 	member per diem payments.

23.8	Board of Pharmacy
		-0-
		2,000
	
23.9 	This appropriation is from the state 
23.10 	government special revenue fund for board 
23.11 	member per diem payments.

23.12	Board of Physical Therapy
		-0-
		4,000
	
23.13 	This appropriation is from the state 
23.14 	government special revenue fund for board 
23.15 	member per diem payments.

23.16	Board of Podiatric Medicine
		-0-
		1,000
	
23.17 	This appropriation is from the state 
23.18 	government special revenue fund for board 
23.19 	member per diem payments.

23.20	Board of Psychology
		-0-
		15,000
	
23.21 	This appropriation is from the state 
23.22 	government special revenue fund for board 
23.23 	member per diem payments.

23.24	Board of Social Work
		-0-
		17,000
	
23.25 	This appropriation is from the state 
23.26 	government special revenue fund for board 
23.27 	member per diem payments and licensing 
23.28 	activity.

23.29	Board of Veterinary Medicine
		-0-
		2,000
	
23.30 	This appropriation is from the state 
23.31 	government special revenue fund for board 
23.32 	member per diem payments.

24.1 	ARTICLE 2
24.2 	BOARD OF PHARMACY

24.3 	Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
24.4 	151.01 DEFINITIONS.
24.5 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
24.6 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
24.7 	the purposes of this chapter, shall be given the meanings subjoined to them.
24.8 		Subd. 2.Pharmacy. "Pharmacy" means an established a place of business in 
24.9 	which prescriptions,prescription drugs, medicines, chemicals, and poisons are prepared, 
24.10 	compounded, or dispensed, vended, or sold to or for the use of patients by or under 
24.11 	the supervision of a pharmacist and from which related clinical pharmacy services are 
24.12 	delivered.
24.13 		Subd. 2a.Limited service pharmacy. "Limited service pharmacy" means a 
24.14 	pharmacy that has been issued a restricted license by the board to perform a limited range 
24.15 	of the activities that constitute the practice of pharmacy.
24.16 		Subd. 3.Pharmacist. The term "pharmacist" means an individual with a currently 
24.17 	valid license issued by the Board of Pharmacy to practice pharmacy.
24.18 		Subd. 5.Drug. The term "drug" means all medicinal substances and preparations 
24.19 	recognized by the United States Pharmacopoeia and National Formulary, or any revision 
24.20 	thereof, vaccines and biologicals, and all substances and preparations intended for external 
24.21 	and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 
24.22 	humans or other animals, and all substances and preparations, other than food, intended to 
24.23 	affect the structure or any function of the bodies of humans or other animals. The term drug 
24.24 	shall also mean any compound, substance, or derivative that is not approved for human 
24.25 	consumption by the United States Food and Drug Administration or specifically permitted 
24.26 	for human consumption under Minnesota law and, when introduced into the body, induces 
24.27 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
24.28 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
24.29 	regardless of whether the substance is marketed for the purpose of human consumption.
24.30 		Subd. 6.Medicine. The term "medicine" means any remedial agent that has the 
24.31 	property of curing, preventing, treating, or mitigating diseases, or that is used for that 
24.32 	purpose.
24.33 		Subd. 7.Poisons. The term "poisons" means any substance which that, when 
24.34 	introduced into the system, directly or by absorption, produces violent, morbid, or fatal 
24.35 	changes, or which that destroys living tissue with which it comes in contact.
25.1 		Subd. 8.Chemical. The term "chemical" means all medicinal or industrial 
25.2 	substances, whether simple or compound, or obtained through the process of the science 
25.3 	and art of chemistry, whether of organic or inorganic origin.
25.4 		Subd. 9.Board or State Board of Pharmacy. The term "board" or "State Board of 
25.5 	Pharmacy" means the Minnesota State Board of Pharmacy.
25.6 		Subd. 10.Director. The term "director" means the executive director of the 
25.7 	Minnesota State Board of Pharmacy.
25.8 		Subd. 11.Person. The term "person" means an individual, firm, partnership, 
25.9 	company, corporation, trustee, association, agency, or other public or private entity.
25.10 		Subd. 12.Wholesale. The term "wholesale" means and includes any sale for the 
25.11 	purpose of resale.
25.12 		Subd. 13.Commercial purposes. The phrase "commercial purposes" means the 
25.13 	ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 
25.14 	of medicine and, pharmacy, and other health care professions.
25.15 		Subd. 14.Manufacturing. The term "manufacturing" except in the case of bulk 
25.16 	compounding, prepackaging or extemporaneous compounding within a pharmacy, means 
25.17 	and includes the production, quality control and standardization by mechanical, physical, 
25.18 	chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 
25.19 	relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 
25.20 	without exception, for medicinal purposes. preparation, propagation, conversion, or 
25.21 	processing of a drug, either directly or indirectly, by extraction from substances of natural 
25.22 	origin or independently by means of chemical or biological synthesis. Manufacturing 
25.23 	includes the packaging or repackaging of a drug, or the labeling or relabeling of 
25.24 	the container of a drug, for resale by pharmacies, practitioners, or other persons. 
25.25 	Manufacturing does not include the prepackaging, extemporaneous compounding, or 
25.26 	anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, 
25.27 	nor the labeling of a container within a pharmacy or by a practitioner for the purpose of 
25.28 	dispensing a drug to a patient pursuant to a valid prescription.
25.29 		Subd. 14a.Manufacturer. The term "manufacturer" means any person engaged 
25.30 	in manufacturing.
25.31 		Subd. 14b.Outsourcing facility. "Outsourcing facility" means a facility that is 
25.32 	registered by the United States Food and Drug Administration pursuant to United States 
25.33 	Code, title 21, section 353b.
25.34 		Subd. 15.Pharmacist intern. The term "pharmacist intern" means (1) a natural 
25.35 	person satisfactorily progressing toward the degree in pharmacy required for licensure, or 
25.36 	(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 
26.1 	college approved by the board, who is registered by the State Board of Pharmacy for the 
26.2 	purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 
26.3 	or (3) a qualified applicant awaiting examination for licensure.
26.4 		Subd. 15a.Pharmacy technician. The term "pharmacy technician" means a person 
26.5 	not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 
26.6 	preparation and dispensing of medications by performing computer entry of prescription 
26.7 	data and other manipulative tasks. A pharmacy technician shall not perform tasks 
26.8 	specifically reserved to a licensed pharmacist or requiring professional judgment.
26.9 		Subd. 16.Prescription drug order. The term "prescription drug order" means a 
26.10 	signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
26.11 	 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 
26.12 	practice, issued for an individual patient and containing the following: the date of issue, 
26.13 	name and address of the patient, name and quantity of the drug prescribed, directions 
26.14 	for use, and the name and address of the prescriber. for a drug for a specific patient. 
26.15 	Prescription drug orders for controlled substances must be prepared in accordance with the 
26.16 	provisions of section 152.11 and the federal Controlled Substances Act and the regulations 
26.17 	promulgated thereunder.
26.18 		Subd. 16a.Prescription. The term "prescription" means a prescription drug order 
26.19 	that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an 
26.20 	electronic order. To be valid, a prescription must be issued for an individual patient by 
26.21 	a practitioner within the scope and usual course of the practitioner's practice, and must 
26.22 	contain the date of issue, name and address of the patient, name and quantity of the drug 
26.23 	prescribed, directions for use, the name and address of the practitioner, and a telephone 
26.24 	number at which the practitioner can be reached. A prescription written or printed on 
26.25 	paper that is given to the patient or an agent of the patient or that is transmitted by fax 
26.26 	must contain the practitioner's manual signature. An electronic prescription must contain 
26.27 	the practitioner's electronic signature.
26.28 		Subd. 16b.Chart order. The term "chart order" means a prescription drug order for 
26.29 	a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct 
26.30 	supervision of a pharmacist, and administered by an authorized person only during the 
26.31 	patient's stay in a hospital or long-term care facility. The chart order shall contain the name 
26.32 	of the patient, another patient identifier such as birth date or medical record number, the 
26.33 	drug ordered, and any directions that the practitioner may prescribe concerning strength, 
26.34 	dosage, frequency, and route of administration. The manual or electronic signature of the 
26.35 	practitioner must be affixed to the chart order at the time it is written or at a later date in 
26.36 	the case of verbal chart orders.
27.1 		Subd. 17.Legend drug. "Legend drug" means a drug whichthat is required by 
27.2 	federal law to bear the following statement, "Caution: Federal law prohibits dispensing 
27.3 	without prescription." be dispensed only pursuant to the prescription of a licensed 
27.4 	practitioner.
27.5 		Subd. 18.Label. "Label" means a display of written, printed, or graphic matter 
27.6 	upon the immediate container of any drug or medicine; and a requirement made by or 
27.7 	under authority of Laws 1969, chapter 933 that. Any word, statement, or other information 
27.8 	appearing required by or under the authority of this chapter to appear on the label shall not 
27.9 	be considered to be complied with unless such word, statement, or other information also 
27.10 	appears appear on the outside container or wrapper, if any there be, of the retail package of 
27.11 	such drug or medicine, or is be easily legible through the outside container or wrapper.
27.12 		Subd. 19.Package. "Package" means any container or wrapping in which any 
27.13 	drug or medicine is enclosed for use in the delivery or display of that article to retail 
27.14 	purchasers, but does not include:
27.15 	(a) shipping containers or wrappings used solely for the transportation of any such 
27.16 	article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 
27.17 	retail distributors;
27.18 	(b) shipping containers or outer wrappings used by retailers to ship or deliver any 
27.19 	such article to retail customers if such containers and wrappings bear no printed matter 
27.20 	pertaining to any particular drug or medicine.
27.21 		Subd. 20.Labeling. "Labeling" means all labels and other written, printed, or 
27.22 	graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 
27.23 	accompanying such article.
27.24 		Subd. 21.Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 
27.25 	Act, United States Code, title 21, section 301, et seq., as amended.
27.26 		Subd. 22.Pharmacist in charge. "Pharmacist in charge" means a duly licensed 
27.27 	pharmacist in the state of Minnesota who has been designated in accordance with the rules 
27.28 	of the State Board of Pharmacy to assume professional responsibility for the operation 
27.29 	of the pharmacy in compliance with the requirements and duties as established by the 
27.30 	board in its rules.
27.31 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
27.32 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
27.33 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 
27.34 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraphs 
27.35 	(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 
27.36 	prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
28.1 	authorized to prescribe, dispense, and administer under section 148.235. For purposes of 
28.2 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraph 
28.3 	(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 
28.4 	administer under chapter 150A.
28.5 		Subd. 24.Brand name. "Brand name" means the registered trademark name given 
28.6 	to a drug product by its manufacturer, labeler or distributor.
28.7 		Subd. 25.Generic name. "Generic name" means the established name or official 
28.8 	name of a drug or drug product.
28.9 		Subd. 26.Finished dosage form. "Finished dosage form" means that form of a 
28.10 	drug which that is or is intended to be dispensed or administered to the patient and requires 
28.11 	no further manufacturing or processing other than packaging, reconstitution, or labeling.
28.12 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
28.13 	(1) interpretation and evaluation of prescription drug orders;
28.14 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
28.15 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
28.16 	drugs and devices);
28.17 	(3) participation in clinical interpretations and monitoring of drug therapy for 
28.18 	assurance of safe and effective use of drugs, including the performance of laboratory tests 
28.19 	that are waived under the federal Clinical Laboratory Improvement Act of 1988, United 
28.20 	States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the 
28.21 	results of laboratory tests but may modify drug therapy only pursuant to a protocol or 
28.22 	collaborative practice agreement;
28.23 	(4) participation in drug and therapeutic device selection; drug administration for first 
28.24 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
28.25 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
28.26 	years of age and older and all other vaccines to patients 18 years of age and older under 
28.27 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
28.28 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
28.29 	under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under 
28.30 	section 148.235, provided that:
28.31 	(i) the protocol includes, at a minimum:
28.32 	(A) the name, dose, and route of each vaccine that may be given;
28.33 	(B) the patient population for whom the vaccine may be given;
28.34 	(C) contraindications and precautions to the vaccine;
28.35 	(D) the procedure for handling an adverse reaction;
29.1 	(E) the name, signature, and address of the physician, physician assistant, or 
29.2 	advanced nurse practitioner;
29.3 	(F) a telephone number at which the physician, physician assistant, or advanced 
29.4 	nurse practitioner can be contacted; and
29.5 	(G) the date and time period for which the protocol is valid;
29.6 	(i) (ii) the pharmacist is trained in has successfully completed a program approved 
29.7 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education 
29.8 	specifically for the administration of immunizations or graduated from a college of 
29.9 	pharmacy in 2001 or thereafter a program approved by the board; and
29.10 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
29.11 	primary physician or clinic or to the Minnesota Immunization Information Connection; and
29.12 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
29.13 	established by the federal Advisory Committee on Immunization Practices, except that a 
29.14 	pharmacist does not need to comply with those portions of the guidelines that establish 
29.15 	immunization schedules when administering a vaccine pursuant to a valid, patient-specific 
29.16 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
29.17 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
29.18 	drugs under section 148.235, provided that the order is consistent with the United States 
29.19 	Food and Drug Administration approved labeling of the vaccine;
29.20 	(6) participation in the practice of managing drug therapy and modifying initiation, 
29.21 	management, modification, and discontinuation of drug therapy, according to section 
29.22 	151.21, subdivision 1, according to a written protocol or collaborative practice agreement 
29.23 	between the specific pharmacist: (i) one or more pharmacists and the individual dentist, 
29.24 	optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 
29.25 	care and authorized to independently prescribe drugs one or more dentists, optometrists, 
29.26 	physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more 
29.27 	physician assistants authorized to prescribe, dispense, and administer under chapter 147A, 
29.28 	or advanced practice nurses authorized to prescribe, dispense, and administer under 
29.29 	section 148.235. Any significant changes in drug therapy made pursuant to a protocol or 
29.30 	collaborative practice agreement must be reported documented by the pharmacist to in
29.31 	 the patient's medical record or reported by the pharmacist to a practitioner responsible 
29.32 	for the patient's care;
29.33 	(7) participation in the storage of drugs and the maintenance of records;
29.34 	(8) responsibility for participation in patient counseling on therapeutic values, 
29.35 	content, hazards, and uses of drugs and devices; and
30.1 	(9) offering or performing those acts, services, operations, or transactions necessary 
30.2 	in the conduct, operation, management, and control of a pharmacy.
30.3 		Subd. 27a.Protocol. "Protocol" means:
30.4 	(1) a specific written plan that describes the nature and scope of activities that a 
30.5 	pharmacist may engage in when initiating, managing, modifying, or discontinuing drug 
30.6 	therapy as allowed in subdivision 27, clause (6); or
30.7 	(2) a specific written plan that authorizes a pharmacist to administer vaccines and 
30.8 	that complies with subdivision 27, clause (5).
30.9 		Subd. 27b.Collaborative practice. "Collaborative practice" means patient care 
30.10 	activities, consistent with subdivision 27, engaged in by one or more pharmacists who 
30.11 	have agreed to work in collaboration with one or more practitioners to initiate, manage, 
30.12 	and modify drug therapy under specified conditions mutually agreed to by the pharmacists 
30.13 	and practitioners.
30.14 		Subd. 27c.Collaborative practice agreement. "Collaborative practice agreement" 
30.15 	means a written and signed agreement between one or more pharmacists and one or more 
30.16 	practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
30.17 		Subd. 28.Veterinary legend drug. "Veterinary legend drug" means a drug that is 
30.18 	required by federal law to bear the following statement: "Caution: Federal law restricts 
30.19 	this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant 
30.20 	to the prescription of a licensed veterinarian.
30.21 		Subd. 29.Legend medical gas. "Legend medical gas" means a liquid or gaseous 
30.22 	substance used for medical purposes and that is required by federal law to bear the 
30.23 	following statement: "Caution: Federal law prohibits dispensing without a prescription."
30.24 	 be dispensed only pursuant to the prescription of a licensed practitioner.
30.25 		Subd. 30.Dispense or dispensing. "Dispense or dispensing" means the preparation 
30.26 	or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 
30.27 	appropriately labeled for subsequent administration to or use by a patient or other individual 
30.28 	entitled to receive the drug. interpretation, evaluation, and processing of a prescription 
30.29 	drug order and includes those processes specified by the board in rule that are necessary 
30.30 	for the preparation and provision of a drug to a patient or patient's agent in a suitable 
30.31 	container appropriately labeled for subsequent administration to, or use by, a patient.
30.32 		Subd. 31.Central service pharmacy. "Central service pharmacy" means a 
30.33 	pharmacy that may provide dispensing functions, drug utilization review, packaging, 
30.34 	labeling, or delivery of a prescription product to another pharmacy for the purpose of 
30.35 	filling a prescription.
31.1 		Subd. 32.Electronic signature. "Electronic signature" means an electronic sound, 
31.2 	symbol, or process attached to or associated with a record and executed or adopted by a 
31.3 	person with the intent to sign the record.
31.4 		Subd. 33.Electronic transmission. "Electronic transmission" means transmission 
31.5 	of information in electronic form.
31.6 		Subd. 34.Health professional shortage area. "Health professional shortage area" 
31.7 	means an area designated as such by the federal Secretary of Health and Human Services, 
31.8 	as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 
31.9 	title 42, section 254E.
31.10 		Subd. 35.Compounding. "Compounding" means preparing, mixing, assembling, 
31.11 	packaging, and labeling a drug for an identified individual patient as a result of 
31.12 	a practitioner's prescription drug order. Compounding also includes anticipatory 
31.13 	compounding, as defined in this section, and the preparation of drugs in which all bulk 
31.14 	drug substances and components are nonprescription substances. Compounding does 
31.15 	not include mixing or reconstituting a drug according to the product's labeling or to the 
31.16 	manufacturer's directions. Compounding does not include the preparation of a drug for the 
31.17 	purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug 
31.18 	is not prepared for dispensing or administration to patients. All compounding, regardless 
31.19 	of the type of product, must be done pursuant to a prescription drug order unless otherwise 
31.20 	permitted in this chapter or by the rules of the board. Compounding does not include a 
31.21 	minor deviation from such directions with regard to radioactivity, volume, or stability, 
31.22 	which is made by or under the supervision of a licensed nuclear pharmacist or a physician, 
31.23 	and which is necessary in order to accommodate circumstances not contemplated in the 
31.24 	manufacturer's instructions, such as the rate of radioactive decay or geographical distance 
31.25 	from the patient.
31.26 		Subd. 36.Anticipatory compounding. "Anticipatory compounding" means the 
31.27 	preparation by a pharmacy of a supply of a compounded drug product that is sufficient to 
31.28 	meet the short-term anticipated need of the pharmacy for the filling of prescription drug 
31.29 	orders. In the case of practitioners only, anticipatory compounding means the preparation 
31.30 	of a supply of a compounded drug product that is sufficient to meet the practitioner's 
31.31 	short-term anticipated need for dispensing or administering the drug to patients treated 
31.32 	by the practitioner. Anticipatory compounding is not the preparation of a compounded 
31.33 	drug product for wholesale distribution.
31.34 		Subd. 37.Extemporaneous compounding. "Extemporaneous compounding" 
31.35 	means the compounding of a drug product pursuant to a prescription drug order for a specific 
32.1 	patient that is issued in advance of the compounding. Extemporaneous compounding is 
32.2 	not the preparation of a compounded drug product for wholesale distribution.
32.3 		Subd. 38.Compounded positron emission tomography drug. "Compounded 
32.4 	positron emission tomography drug" means a drug that:
32.5 	(1) exhibits spontaneous disintegration of unstable nuclei by the emission of 
32.6 	positrons and is used for the purpose of providing dual photon positron emission 
32.7 	tomographic diagnostic images;
32.8 	(2) has been compounded by or on the order of a practitioner in accordance with the 
32.9 	relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, 
32.10 	teaching, or quality control; and
32.11 	(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, 
32.12 	accelerator, target material, electronic synthesizer, or other apparatus or computer program 
32.13 	to be used in the preparation of such a drug.

32.14 	Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
32.15 	151.06 POWERS AND DUTIES.
32.16 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
32.17 	shall have the power and it shall be its duty:
32.18 	(1) to regulate the practice of pharmacy;
32.19 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
32.20 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
32.21 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
32.22 	or any revisions thereof, or standards adopted under the federal act as the standard;
32.23 	(4) to enter and inspect by its authorized representative any and all places where 
32.24 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
32.25 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
32.26 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
32.27 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
32.28 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
32.29 	sale of these items provided, however, that such inspection shall not extend to financial 
32.30 	data, sales data, or pricing data;
32.31 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
32.32 	to be such;
32.33 	(6) to license wholesale drug distributors;
32.34 	(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any 
32.35 	registration or license required under this chapter, to any applicant or registrant or licensee
33.1 	 upon any of the following grounds: listed in section 151.071, and in accordance with 
33.2 	the provisions of section 151.071;
33.3 	(i) fraud or deception in connection with the securing of such license or registration;
33.4 	(ii) in the case of a pharmacist, conviction in any court of a felony;
33.5 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
33.6 	moral turpitude;
33.7 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
33.8 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
33.9 	endangering public health;
33.10 	(v) unprofessional conduct or conduct endangering public health;
33.11 	(vi) gross immorality;
33.12 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
33.13 	practice pharmacy;
33.14 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
33.15 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
33.16 	Board of Pharmacy;
33.17 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
33.18 	pharmacist present and on duty;
33.19 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
33.20 	incompetency in the practice of pharmacy;
33.21 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
33.22 	pharmacy in another state; or
33.23 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
33.24 	violation of section 609.215 as established by any of the following:
33.25 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
33.26 	violation of section 609.215, subdivision 1 or 2;
33.27 	(B) a copy of the record of a judgment of contempt of court for violating an 
33.28 	injunction issued under section 609.215, subdivision 4;
33.29 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
33.30 	subdivision 5; or
33.31 	(D) a finding by the board that the person violated section 609.215, subdivision 
33.32 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
33.33 	subdivision 1 or 2;
33.34 	(8) to employ necessary assistants and adopt rules for the conduct of its business;
33.35 	(9) to register as pharmacy technicians all applicants who the board determines are 
33.36 	qualified to carry out the duties of a pharmacy technician; and
34.1 	(10) to perform such other duties and exercise such other powers as the provisions of 
34.2 	the act may require.; and
34.3 	(11) to enter and inspect any business to which it issues a license or registration.
34.4 	(b) Temporary suspension. In addition to any other remedy provided by law, the board 
34.5 	may, without a hearing, temporarily suspend a license for not more than 60 days if the board 
34.6 	finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 
34.7 	and continued practice by the pharmacist would create an imminent risk of harm to others. 
34.8 	The suspension shall take effect upon written notice to the pharmacist, specifying the 
34.9 	statute or rule violated. At the time it issues the suspension notice, the board shall schedule 
34.10 	a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 
34.11 	shall be provided with at least 20 days' notice of any hearing held under this subdivision.
34.12 	(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make 
34.13 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
34.14 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
34.15 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
34.16 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
34.17 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
34.18 	review required by rules issued under this subdivision.
34.19 	(d) (c) Substitution; rules. If the United States Food and Drug Administration 
34.20 	(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 
34.21 	seizures poses a health risk to patients, the board shall adopt rules in accordance with 
34.22 	accompanying FDA interchangeability standards regarding the use of substitution for 
34.23 	these drugs. If the board adopts a rule regarding the substitution of drugs used for the 
34.24 	treatment of epilepsy or seizures that conflicts with the substitution requirements of 
34.25 	section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 
34.26 	proposed by the board would increase state costs for state public health care programs, 
34.27 	the board shall report to the chairs and ranking minority members of the senate Health 
34.28 	and Human Services Budget Division and the house of representatives Health Care and 
34.29 	Human Services Finance Division the proposed rule and the increased cost associated 
34.30 	with the proposed rule before the board may adopt the rule.
34.31 		Subd. 1a.Disciplinary action Cease and desist orders. It shall be grounds for 
34.32 	disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 
34.33 	the Board of Pharmacy determines that any person with supervisory responsibilities at the 
34.34 	pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 
34.35 	review and patient counseling as required by rules adopted under subdivision 1. The 
34.36 	Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 
35.1 	taken under this section. (a) Whenever it appears to the board that a person has engaged in 
35.2 	an act or practice constituting a violation of a law, rule, or other order related to the duties 
35.3 	and responsibilities entrusted to the board, the board may issue and cause to be served 
35.4 	upon the person an order requiring the person to cease and desist from violations.
35.5 	(b) The cease and desist order must state the reasons for the issuance of the order 
35.6 	and must give reasonable notice of the rights of the person to request a hearing before 
35.7 	an administrative law judge. A hearing must be held not later than ten days after the 
35.8 	request for the hearing is received by the board. After the completion of the hearing, 
35.9 	the administrative law judge shall issue a report within ten days. Within 15 days after 
35.10 	receiving the report of the administrative law judge, the board shall issue a further order 
35.11 	vacating or making permanent the cease and desist order. The time periods provided in 
35.12 	this provision may be waived by agreement of the executive director of the board and the 
35.13 	person against whom the cease and desist order was issued. If the person to whom a cease 
35.14 	and desist order is issued fails to appear at the hearing after being duly notified, the person 
35.15 	is in default, and the proceeding may be determined against that person upon consideration 
35.16 	of the cease and desist order, the allegations of which may be considered to be true. Unless 
35.17 	otherwise provided, all hearings must be conducted according to chapter 14. The board 
35.18 	may adopt rules of procedure concerning all proceedings conducted under this subdivision.
35.19 	(c) If no hearing is requested within 30 days of service of the order, the cease and 
35.20 	desist order will become permanent.
35.21 	(d) A cease and desist order issued under this subdivision remains in effect until 
35.22 	it is modified or vacated by the board. The administrative proceeding provided by this 
35.23 	subdivision, and subsequent appellate judicial review of that administrative proceeding, 
35.24 	constitutes the exclusive remedy for determining whether the board properly issued the 
35.25 	cease and desist order and whether the cease and desist order should be vacated or made 
35.26 	permanent.
35.27 		Subd. 1b.Enforcement of violations of cease and desist orders. (a) Whenever 
35.28 	the board under subdivision 1a seeks to enforce compliance with a cease and desist 
35.29 	order that has been made permanent, the allegations of the cease and desist order are 
35.30 	considered conclusively established for purposes of proceeding under subdivision 1a for 
35.31 	permanent or temporary relief to enforce the cease and desist order. Whenever the board 
35.32 	under subdivision 1a seeks to enforce compliance with a cease and desist order when a 
35.33 	hearing or hearing request on the cease and desist order is pending, or the time has not 
35.34 	yet expired to request a hearing on whether a cease and desist order should be vacated or 
35.35 	made permanent, the allegations in the cease and desist order are considered conclusively 
36.1 	established for the purposes of proceeding under subdivision 1a for temporary relief to 
36.2 	enforce the cease and desist order.
36.3 	(b) Notwithstanding this subdivision or subdivision 1a, the person against whom 
36.4 	the cease and desist order is issued and who has requested a hearing under subdivision 1a 
36.5 	may, within 15 days after service of the cease and desist order, bring an action in Ramsey 
36.6 	County District Court for issuance of an injunction to suspend enforcement of the cease 
36.7 	and desist order pending a final decision of the board under subdivision 1a to vacate or 
36.8 	make permanent the cease and desist order. The court shall determine whether to issue 
36.9 	such an injunction based on traditional principles of temporary relief.
36.10 		Subd. 2.Application. In the case of a facility licensed or registered by the board, 
36.11 	the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 
36.12 	shall also apply to the following:
36.13 	(1) In the case of a partnership, each partner thereof;
36.14 	(2) In the case of an association, each member thereof;
36.15 	(3) In the case of a corporation, each officer or director thereof and each shareholder 
36.16 	owning 30 percent or more of the voting stock of such corporation.
36.17 		Subd. 3.Application of Administrative Procedure Act. The board shall comply 
36.18 	with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 
36.19 	license or registration issued under this chapter.
36.20 		Subd. 4.Reinstatement. Any license or registration which has been suspended 
36.21 	or revoked may be reinstated by the board provided the holder thereof shall pay all costs 
36.22 	of the proceedings resulting in the suspension or revocation, and, in addition thereto, 
36.23 	pay a fee set by the board.
36.24 		Subd. 5.Costs; penalties. The board may impose a civil penalty not exceeding 
36.25 	$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 
36.26 	to deprive a licensee or registrant of any economic advantage gained by reason of 
36.27 	the violation, to discourage similar violations by the licensee or registrant or any other 
36.28 	licensee or registrant, or to reimburse the board for the cost of the investigation and 
36.29 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
36.30 	Administrative Hearings, legal and investigative services provided by the Office of the 
36.31 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
36.32 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
36.33 	staff and board members.

36.34 	EFFECTIVE DATE. Subdivisions 1a and 1b are effective August 1, 2014, and 
36.35 	apply to violations occurring on or after that date.

37.1 	Sec. 3. [151.071] DISCIPLINARY ACTION.
37.2 		Subdivision 1.Forms of disciplinary action. When the board finds that a licensee, 
37.3 	registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may 
37.4 	do one or more of the following:
37.5 	(1) deny the issuance of a license or registration;
37.6 	(2) refuse to renew a license or registration;
37.7 	(3) revoke the license or registration;
37.8 	(4) suspend the license or registration;
37.9 	(5) impose limitations, conditions, or both on the license or registration, including 
37.10 	but not limited to: the limitation of practice designated settings; the imposition of 
37.11 	retraining or rehabilitation requirements; the requirement of practice under supervision; 
37.12 	the requirement of participation in a diversion program such as that established pursuant to 
37.13 	section 214.31 or the conditioning of continued practice on demonstration of knowledge 
37.14 	or skills by appropriate examination or other review of skill and competence;
37.15 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the 
37.16 	amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any 
37.17 	economic advantage gained by reason of the violation, to discourage similar violations 
37.18 	by the licensee or registrant or any other licensee or registrant, or to reimburse the board 
37.19 	for the cost of the investigation and proceeding, including but not limited to, fees paid 
37.20 	for services provided by the Office of Administrative Hearings, legal and investigative 
37.21 	services provided by the Office of the Attorney General, court reporters, witnesses, 
37.22 	reproduction of records, board members' per diem compensation, board staff time, and 
37.23 	travel costs and expenses incurred by board staff and board members; and
37.24 	(7) reprimand the licensee or registrant.
37.25 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and 
37.26 	is grounds for disciplinary action:
37.27 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
37.28 	or registration contained in this chapter or the rules of the board. The burden of proof is on 
37.29 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
37.30 	(2) obtaining a license by fraud or by misleading the board in any way during 
37.31 	the application process or obtaining a license by cheating, or attempting to subvert 
37.32 	the licensing examination process. Conduct that subverts or attempts to subvert the 
37.33 	licensing examination process includes, but is not limited to: (i) conduct that violates the 
37.34 	security of the examination materials, such as removing examination materials from the 
37.35 	examination room or having unauthorized possession of any portion of a future, current, 
37.36 	or previously administered licensing examination; (ii) conduct that violates the standard of 
38.1 	test administration, such as communicating with another examinee during administration 
38.2 	of the examination, copying another examinee's answers, permitting another examinee 
38.3 	to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an 
38.4 	examinee or permitting an impersonator to take the examination on one's own behalf;
38.5 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a 
38.6 	pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist 
38.7 	intern registration, conviction of a felony reasonably related to the practice of pharmacy. 
38.8 	Conviction as used in this subdivision includes a conviction of an offense that if committed 
38.9 	in this state would be deemed a felony without regard to its designation elsewhere, or 
38.10 	a criminal proceeding where a finding or verdict of guilt is made or returned but the 
38.11 	adjudication of guilt is either withheld or not entered thereon. The board may delay the 
38.12 	issuance of a new license or registration if the applicant has been charged with a felony 
38.13 	until the matter has been adjudicated;
38.14 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an 
38.15 	owner or applicant is convicted of a felony reasonably related to the operation of the 
38.16 	facility. The board may delay the issuance of a new license or registration if the owner or 
38.17 	applicant has been charged with a felony until the matter has been adjudicated;
38.18 	(5) for a controlled substance researcher, conviction of a felony reasonably related 
38.19 	to controlled substances or to the practice of the researcher's profession. The board may 
38.20 	delay the issuance of a registration if the applicant has been charged with a felony until 
38.21 	the matter has been adjudicated;
38.22 	(6) disciplinary action taken by another state or by one of this state's health licensing 
38.23 	agencies:
38.24 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against 
38.25 	a license or registration in another state or jurisdiction, failure to report to the board that 
38.26 	charges or allegations regarding the person's license or registration have been brought in 
38.27 	another state or jurisdiction, or having been refused a license or registration by any other 
38.28 	state or jurisdiction. The board may delay the issuance of a new license or registration if 
38.29 	an investigation or disciplinary action is pending in another state or jurisdiction until the 
38.30 	investigation or action has been dismissed or otherwise resolved; and
38.31 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against 
38.32 	a license or registration issued by another of this state's health licensing agencies, failure 
38.33 	to report to the board that charges regarding the person's license or registration have been 
38.34 	brought by another of this state's health licensing agencies, or having been refused a 
38.35 	license or registration by another of this state's health licensing agencies. The board may 
38.36 	delay the issuance of a new license or registration if a disciplinary action is pending before 
39.1 	another of this state's health licensing agencies until the action has been dismissed or 
39.2 	otherwise resolved;
39.3 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation 
39.4 	of any order of the board, of any of the provisions of this chapter or any rules of the 
39.5 	board or violation of any federal, state, or local law or rule reasonably pertaining to the 
39.6 	practice of pharmacy;
39.7 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any 
39.8 	order of the board, of any of the provisions of this chapter or the rules of the board or 
39.9 	violation of any federal, state, or local law relating to the operation of the facility;
39.10 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
39.11 	the public, or demonstrating a willful or careless disregard for the health, welfare, or safety 
39.12 	of a patient; or pharmacy practice that is professionally incompetent, in that it may create 
39.13 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
39.14 	of actual injury need not be established;
39.15 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except 
39.16 	that it is not a violation of this clause for a pharmacist to supervise a properly registered 
39.17 	pharmacy technician or pharmacist intern if that person is performing duties allowed 
39.18 	by this chapter or the rules of the board;
39.19 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
39.20 	or developmentally disabled, or as a chemically dependent person, a person dangerous 
39.21 	to the public, a sexually dangerous person, or a person who has a sexual psychopathic 
39.22 	personality, by a court of competent jurisdiction, within or without this state. Such 
39.23 	adjudication shall automatically suspend a license for the duration thereof unless the 
39.24 	board orders otherwise;
39.25 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as 
39.26 	specified in the board's rules. In the case of a pharmacy technician, engaging in conduct 
39.27 	specified in board rules that would be unprofessional if it were engaged in by a pharmacist 
39.28 	or pharmacist intern or performing duties specifically reserved for pharmacists under this 
39.29 	chapter or the rules of the board;
39.30 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
39.31 	duty except as allowed by a variance approved by the board;
39.32 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and 
39.33 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
39.34 	any other type of material or as a result of any mental or physical condition, including 
39.35 	deterioration through the aging process or loss of motor skills. In the case of registered 
39.36 	pharmacy technicians, pharmacist interns, or controlled substance researchers, the 
40.1 	inability to carry out duties allowed under this chapter or the rules of the board with 
40.2 	reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, 
40.3 	narcotics, chemicals, or any other type of material or as a result of any mental or physical 
40.4 	condition, including deterioration through the aging process or loss of motor skills;
40.5 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical 
40.6 	gas distributor, or controlled substance researcher, revealing a privileged communication 
40.7 	from or relating to a patient except when otherwise required or permitted by law;
40.8 	(16) for a pharmacist or pharmacy, improper management of patient records, 
40.9 	including failure to maintain adequate patient records, to comply with a patient's request 
40.10 	made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report 
40.11 	required by law;
40.12 	(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
40.13 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients 
40.14 	or the dispensing of drugs or devices;
40.15 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
40.16 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
40.17 	(19) engaging in conduct with a patient that is sexual or may reasonably be 
40.18 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
40.19 	demeaning to a patient;
40.20 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
40.21 	investigation of the board as required by section 151.074;
40.22 	(21) knowingly providing false or misleading information that is directly related 
40.23 	to the care of a patient unless done for an accepted therapeutic purpose such as the 
40.24 	dispensing and administration of a placebo;
40.25 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
40.26 	established by any of the following:
40.27 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
40.28 	violation of section 609.215, subdivision 1 or 2;
40.29 	(ii) a copy of the record of a judgment of contempt of court for violating an 
40.30 	injunction issued under section 609.215, subdivision 4;
40.31 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
40.32 	subdivision 5; or
40.33 	(iv) a finding by the board that the person violated section 609.215, subdivision 
40.34 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
40.35 	subdivision 1 or 2;
41.1 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. 
41.2 	For a pharmacist intern, pharmacy technician, or controlled substance researcher, 
41.3 	performing duties permitted to such individuals by this chapter or the rules of the board 
41.4 	under a lapsed or nonrenewed registration. For a facility required to be licensed under this 
41.5 	chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
41.6 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination 
41.7 	or discharge from the health professional services program for reasons other than the 
41.8 	satisfactory completion of the program.
41.9 		Subd. 3.Automatic suspension. (a) A license or registration issued under this 
41.10 	chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance 
41.11 	researcher is automatically suspended if: (1) a guardian of a licensee or registrant is 
41.12 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
41.13 	other than the minority of the licensee or registrant; or (2) the licensee or registrant is 
41.14 	committed by order of a court pursuant to chapter 253B. The license or registration 
41.15 	remains suspended until the licensee is restored to capacity by a court and, upon petition 
41.16 	by the licensee or registrant, the suspension is terminated by the board after a hearing.
41.17 	(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the 
41.18 	board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice 
41.19 	of pharmacy, the license or registration of the regulated person may be automatically 
41.20 	suspended by the board. The license or registration will remain suspended until, upon 
41.21 	petition by the regulated individual and after a hearing, the suspension is terminated by 
41.22 	the board. The board may indefinitely suspend or revoke the license or registration of the 
41.23 	regulated individual if, after a hearing before the board, the board finds that the felonious 
41.24 	conduct would cause a serious risk of harm to the public.
41.25 	(c) For a facility that is licensed or registered by the board, upon notice to the 
41.26 	board that an owner of the facility is subject to a judgment of, or a plea of guilty to, 
41.27 	a felony reasonably related to the operation of the facility, the license or registration of 
41.28 	the facility may be automatically suspended by the board. The license or registration will 
41.29 	remain suspended until, upon petition by the facility and after a hearing, the suspension 
41.30 	is terminated by the board. The board may indefinitely suspend or revoke the license or 
41.31 	registration of the facility if, after a hearing before the board, the board finds that the 
41.32 	felonious conduct would cause a serious risk of harm to the public.
41.33 	(d) For licenses and registrations that have been suspended or revoked pursuant 
41.34 	to paragraphs (a) and (b), the regulated individual may have a license or registration 
41.35 	reinstated, either with or without restrictions, by demonstrating clear and convincing 
41.36 	evidence of rehabilitation, as provided in section 364.03. If the regulated individual has 
42.1 	the conviction subsequently overturned by court decision, the board shall conduct a 
42.2 	hearing to review the suspension within 30 days after the receipt of the court decision. 
42.3 	The regulated individual is not required to prove rehabilitation if the subsequent court 
42.4 	decision overturns previous court findings of public risk.
42.5 	(e) For licenses and registrations that have been suspended or revoked pursuant to 
42.6 	paragraph (c), the regulated facility may have a license or registration reinstated, either with 
42.7 	or without restrictions, conditions, or limitations, by demonstrating clear and convincing 
42.8 	evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the 
42.9 	convicted owner has the conviction subsequently overturned by court decision, the board 
42.10 	shall conduct a hearing to review the suspension within 30 days after receipt of the court 
42.11 	decision. The regulated facility is not required to prove rehabilitation of the convicted 
42.12 	owner if the subsequent court decision overturns previous court findings of public risk.
42.13 	(f) The board may, upon majority vote of a quorum of its appointed members, 
42.14 	suspend the license or registration of a regulated individual without a hearing if the 
42.15 	regulated individual fails to maintain a current name and address with the board, as 
42.16 	described in paragraphs (h) and (i), while the regulated individual is: (1) under board 
42.17 	investigation, and a notice of conference has been issued by the board; (2) party to a 
42.18 	contested case with the board; (3) party to an agreement for corrective action with the 
42.19 	board; or (4) under a board order for disciplinary action. The suspension shall remain 
42.20 	in effect until lifted by the board to the board's receipt of a petition from the regulated 
42.21 	individual, along with the current name and address of the regulated individual.
42.22 	(g) The board may, upon majority vote of a quorum of its appointed members, 
42.23 	suspend the license or registration of a regulated facility without a hearing if the regulated 
42.24 	facility fails to maintain a current name and address of the owner of the facility with the 
42.25 	board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under 
42.26 	board investigation, and a notice of conference has been issued by the board; (2) party 
42.27 	to a contested case with the board; (3) party to an agreement for corrective action with 
42.28 	the board; or (4) under a board order for disciplinary action. The suspension shall remain 
42.29 	in effect until lifted by the board pursuant to the board's receipt of a petition from the 
42.30 	regulated facility, along with the current name and address of the owner of the facility.
42.31 	(h) An individual licensed or registered by the board shall maintain a current name 
42.32 	and home address with the board and shall notify the board in writing within 30 days of 
42.33 	any change in name or home address. An individual regulated by the board shall also 
42.34 	maintain a current business address with the board as required by section 214.073. For 
42.35 	an individual, if a name change only is requested, the regulated individual must request 
42.36 	a revised license or registration. The board may require the individual to substantiate 
43.1 	the name change by submitting official documentation from a court of law or agency 
43.2 	authorized under law to receive and officially record a name change. In the case of an 
43.3 	individual, if an address change only is requested, no request for a revised license or 
43.4 	registration is required. If the current license or registration of an individual has been lost, 
43.5 	stolen, or destroyed, the individual shall provide a written explanation to the board.
43.6 	(i) A facility licensed or registered by the board shall maintain a current name and 
43.7 	address with the board. A facility shall notify the board in writing within 30 days of any 
43.8 	change in name. A facility licensed or registered by the board but located outside of the 
43.9 	state must notify the board within 30 days of an address change. A facility licensed or 
43.10 	registered by the board and located within the state must notify the board at least 60 
43.11 	days in advance of a change of address that will result from the move of the facility to a 
43.12 	different location and must pass an inspection at the new location as required by the board. 
43.13 	If the current license or registration of a facility has been lost, stolen, or destroyed, the 
43.14 	facility shall provide a written explanation to the board.
43.15 		Subd. 4.Effective dates. A suspension, revocation, condition, limitation, 
43.16 	qualification, or restriction of a license or registration shall be in effect pending 
43.17 	determination of an appeal. A revocation of a license pursuant to subdivision 1 is not 
43.18 	appealable and shall remain in effect indefinitely.
43.19 		Subd. 5.Conditions on reissued license. In its discretion, the board may restore 
43.20 	and reissue a license or registration issued under this chapter, but as a condition thereof 
43.21 	may impose any disciplinary or corrective measure that it might originally have imposed.
43.22 		Subd. 6.Temporary suspension of license for pharmacists. In addition to any 
43.23 	other remedy provided by law, the board may, without a hearing, temporarily suspend the 
43.24 	license of a pharmacist if the board finds that the pharmacist has violated a statute or rule 
43.25 	that the board is empowered to enforce and continued practice by the pharmacist would 
43.26 	create a serious risk of harm to the public. The suspension shall take effect upon written 
43.27 	notice to the pharmacist, specifying the statute or rule violated. The suspension shall 
43.28 	remain in effect until the board issues a final order in the matter after a hearing. At the 
43.29 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
43.30 	held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with 
43.31 	at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall 
43.32 	be scheduled to begin no later than 30 days after the issuance of the suspension order.
43.33 		Subd. 7.Temporary suspension of license for pharmacist interns, pharmacy 
43.34 	technicians, and controlled substance researchers. In addition to any other remedy 
43.35 	provided by law, the board may, without a hearing, temporarily suspend the registration of 
43.36 	a pharmacist intern, pharmacy technician, or controlled substance researcher if the board 
44.1 	finds that the registrant has violated a statute or rule that the board is empowered to enforce 
44.2 	and continued registration of the registrant would create a serious risk of harm to the 
44.3 	public. The suspension shall take effect upon written notice to the registrant, specifying 
44.4 	the statute or rule violated. The suspension shall remain in effect until the board issues a 
44.5 	final order in the matter after a hearing. At the time it issues the suspension notice, the 
44.6 	board shall schedule a disciplinary hearing to be held pursuant to the Administrative 
44.7 	Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of 
44.8 	any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no 
44.9 	later than 30 days after the issuance of the suspension order.
44.10 		Subd. 8.Temporary suspension of license for pharmacies, drug wholesalers, 
44.11 	drug manufacturers, medical gas manufacturers, and medical gas distributors.
 44.12 	In addition to any other remedy provided by law, the board may, without a hearing, 
44.13 	temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug 
44.14 	manufacturer, medical gas manufacturer, or medical gas distributor if the board finds 
44.15 	that the licensee or registrant has violated a statute or rule that the board is empowered 
44.16 	to enforce and continued operation of the licensed facility would create a serious risk of 
44.17 	harm to the public. The suspension shall take effect upon written notice to the licensee or 
44.18 	registrant, specifying the statute or rule violated. The suspension shall remain in effect 
44.19 	until the board issues a final order in the matter after a hearing. At the time it issues the 
44.20 	suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to 
44.21 	the Administrative Procedure Act. The licensee or registrant shall be provided with at 
44.22 	least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
44.23 	scheduled to begin no later than 30 days after the issuance of the suspension order.
44.24 		Subd. 9.Evidence. In disciplinary actions alleging a violation of subdivision 2, 
44.25 	clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court 
44.26 	administrator or of the administrative agency that entered the same shall be admissible 
44.27 	into evidence without further authentication and shall constitute prima facie evidence 
44.28 	of the contents thereof.
44.29 		Subd. 10.Mental examination; access to medical data. (a) If the board has 
44.30 	probable cause to believe that an individual licensed or registered by the board falls under 
44.31 	subdivision 2, clause (14), it may direct the individual to submit to a mental or physical 
44.32 	examination. For the purpose of this subdivision, every licensed or registered individual is 
44.33 	deemed to have consented to submit to a mental or physical examination when directed in 
44.34 	writing by the board and further to have waived all objections to the admissibility of the 
44.35 	examining practitioner's testimony or examination reports on the grounds that the same 
44.36 	constitute a privileged communication. Failure of a licensed or registered individual to 
45.1 	submit to an examination when directed constitutes an admission of the allegations against 
45.2 	the individual, unless the failure was due to circumstances beyond the individual's control, 
45.3 	in which case a default and final order may be entered without the taking of testimony or 
45.4 	presentation of evidence. Pharmacists affected under this paragraph shall at reasonable 
45.5 	intervals be given an opportunity to demonstrate that they can resume the competent 
45.6 	practice of the profession of pharmacy with reasonable skill and safety to the public. 
45.7 	Pharmacist interns, pharmacy technicians, or controlled substance researchers affected 
45.8 	under this paragraph shall at reasonable intervals be given an opportunity to demonstrate 
45.9 	that they can competently resume the duties that can be performed, under this chapter or 
45.10 	the rules of the board, by similarly registered persons with reasonable skill and safety to 
45.11 	the public. In any proceeding under this paragraph, neither the record of proceedings nor 
45.12 	the orders entered by the board shall be used against a licensed or registered individual 
45.13 	in any other proceeding.
45.14 	(b) In addition to ordering a physical or mental examination, the board may, 
45.15 	notwithstanding section 13.384, 144.651, or any other law limiting access to medical or 
45.16 	other health data, obtain medical data and health records relating to an individual licensed 
45.17 	or registered by the board, or to an applicant for licensure or registration, without the 
45.18 	individual's consent, if the board has probable cause to believe that the individual falls 
45.19 	under subdivision 2, clause (14). The medical data may be requested from a provider, 
45.20 	as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a 
45.21 	government agency, including the Department of Human Services. A provider, insurance 
45.22 	company, or government agency shall comply with any written request of the board under 
45.23 	this subdivision and is not liable in any action for damages for releasing the data requested 
45.24 	by the board if the data are released pursuant to a written request under this subdivision, 
45.25 	unless the information is false and the provider giving the information knew, or had reason 
45.26 	to believe, the information was false. Information obtained under this subdivision is 
45.27 	classified as private under sections 13.01 to 13.87.
45.28 		Subd. 11.Tax clearance certificate. (a) In addition to the provisions of subdivision 
45.29 	1, the board may not issue or renew a license or registration if the commissioner of 
45.30 	revenue notifies the board and the licensee or applicant for a license that the licensee or 
45.31 	applicant owes the state delinquent taxes in the amount of $500 or more. The board may 
45.32 	issue or renew the license or registration only if (1) the commissioner of revenue issues a 
45.33 	tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or 
45.34 	applicant forwards a copy of the clearance to the board. The commissioner of revenue 
45.35 	may issue a clearance certificate only if the licensee, registrant, or applicant does not owe 
45.36 	the state any uncontested delinquent taxes.
46.1 	(b) For purposes of this subdivision, the following terms have the meanings given.
46.2 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
46.3 	and interest due on those taxes.
46.4 	(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court 
46.5 	action that contests the amount or validity of the liability has been filed or served, (ii) the 
46.6 	appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant 
46.7 	has entered into a payment agreement to pay the liability and is current with the payments.
46.8 	(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, 
46.9 	registrant, or applicant is required to obtain a clearance certificate under this subdivision, 
46.10 	a contested case hearing must be held if the licensee or applicant requests a hearing in 
46.11 	writing to the commissioner of revenue within 30 days of the date of the notice provided 
46.12 	in paragraph (a). The hearing must be held within 45 days of the date the commissioner of 
46.13 	revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law 
46.14 	to the contrary, the licensee or applicant must be served with 20 days' notice in writing 
46.15 	specifying the time and place of the hearing and the allegations against the licensee or 
46.16 	applicant. The notice may be served personally or by mail.
46.17 	(d) A licensee or applicant must provide the licensee's or applicant's Social Security 
46.18 	number and Minnesota business identification number on all license applications. Upon 
46.19 	request of the commissioner of revenue, the board must provide to the commissioner of 
46.20 	revenue a list of all licensees and applicants that includes the licensee's or applicant's 
46.21 	name, address, Social Security number, and business identification number. The 
46.22 	commissioner of revenue may request a list of the licensees and applicants no more than 
46.23 	once each calendar year.
46.24 		Subd. 12.Limitation. No board proceeding against a regulated person or facility 
46.25 	shall be instituted unless commenced within seven years from the date of the commission 
46.26 	of some portion of the offense or misconduct complained of except for alleged violations 
46.27 	of subdivision 2, clause (21).

46.28 	Sec. 4. [151.072] REPORTING OBLIGATIONS.
46.29 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
46.30 	constituting grounds for discipline under the provisions of this chapter or the rules of the 
46.31 	board may report the violation to the board.
46.32 		Subd. 2.Pharmacies. A pharmacy located in this state must report to the board any 
46.33 	discipline that is related to an incident involving conduct that would constitute grounds 
46.34 	for discipline under the provisions of this chapter or the rules of the board, that is taken 
46.35 	by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or 
47.1 	pharmacy technician, including the termination of employment of the individual or the 
47.2 	revocation, suspension, restriction, limitation, or conditioning of an individual's ability 
47.3 	to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the 
47.4 	resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of 
47.5 	any disciplinary proceeding, or prior to the commencement of formal charges but after the 
47.6 	individual had knowledge that formal charges were contemplated or in preparation. Each 
47.7 	report made under this subdivision must state the nature of the action taken and state in 
47.8 	detail the reasons for the action. Failure to report violations as required by this subdivision 
47.9 	is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
47.10 		Subd. 3.Licensees and registrants of the board. A licensee or registrant of 
47.11 	the board shall report to the board personal knowledge of any conduct that the person 
47.12 	reasonably believes constitutes grounds for disciplinary action under this chapter or 
47.13 	the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or 
47.14 	controlled substance researcher, including any conduct indicating that the person may be 
47.15 	professionally incompetent, or may have engaged in unprofessional conduct or may be 
47.16 	medically or physically unable to engage safely in the practice of pharmacy or to carry 
47.17 	out the duties permitted to the person by this chapter or the rules of the board. Failure 
47.18 	to report violations as required by this subdivision is a basis for discipline pursuant to 
47.19 	section 151.071, subdivision 2, clause (20).
47.20 		Subd. 4.Self-reporting. A licensee or registrant of the board shall report to the 
47.21 	board any personal action that would require that a report be filed with the board pursuant 
47.22 	to subdivision 2.
47.23 		Subd. 5.Deadlines; forms. Reports required by subdivisions 2 to 4 must be 
47.24 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
47.25 	The board may provide forms for the submission of reports required by this section, may 
47.26 	require that reports be submitted on the forms provided, and may adopt rules necessary 
47.27 	to assure prompt and accurate reporting.
47.28 		Subd. 6.Subpoenas. The board may issue subpoenas for the production of any 
47.29 	reports required by subdivisions 2 to 4 or any related documents.

47.30 	Sec. 5. [151.073] IMMUNITY.
47.31 		Subdivision 1.Reporting. Any person, health care facility, business, or organization 
47.32 	is immune from civil liability or criminal prosecution for submitting in good faith a report 
47.33 	to the board under section 151.072 or for otherwise reporting in good faith to the board 
47.34 	violations or alleged violations of this chapter or the rules of the board. All such reports 
47.35 	are investigative data as defined in chapter 13.
48.1 		Subd. 2.Investigation. (a) Members of the board and persons employed by the board 
48.2 	or engaged on behalf of the board in the investigation of violations and in the preparation 
48.3 	and management of charges or violations of this chapter of the rules of the board, or persons 
48.4 	participating in the investigation or testifying regarding charges of violations, are immune 
48.5 	from civil liability and criminal prosecution for any actions, transactions, or publications 
48.6 	in the execution of, or relating to, their duties under this chapter or the rules of the board.
48.7 	(b) Members of the board and persons employed by the board or engaged in 
48.8 	maintaining records and making reports regarding adverse health care events are immune 
48.9 	from civil liability and criminal prosecution for any actions, transactions, or publications 
48.10 	in the execution of, or relating to, their duties under section 151.301.

48.11 	Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
48.12 	An individual who is licensed or registered by the board, who is the subject of an 
48.13 	investigation by or on behalf of the board, shall cooperate fully with the investigation. 
48.14 	An owner or employee of a facility that is licensed or registered by the board, when the 
48.15 	facility is the subject of an investigation by or on behalf of the board, shall cooperate 
48.16 	fully with the investigation. Cooperation includes responding fully and promptly to any 
48.17 	question raised by, or on behalf of, the board relating to the subject of the investigation and 
48.18 	providing copies of patient pharmacy records and other relevant records, as reasonably 
48.19 	requested by the board, to assist the board in its investigation. The board shall maintain 
48.20 	any records obtained pursuant to this section as investigative data pursuant to chapter 13.

48.21 	Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
48.22 	Upon judicial review of any board disciplinary action taken under this chapter, the 
48.23 	reviewing court shall seal the administrative record, except for the board's final decision, 
48.24 	and shall not make the administrative record available to the public.

48.25 	Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
48.26 	151.211 RECORDS OF PRESCRIPTIONS.
48.27 		Subdivision 1.Retention of prescription drug orders. All prescriptions dispensed
48.28 	 prescription drug orders shall be kept on file at the location in from which such dispensing 
48.29 	occurred of the ordered drug occurs for a period of at least two years. Prescription drug 
48.30 	orders that are electronically prescribed must be kept on file in the format in which 
48.31 	they were originally received. Written or printed prescription drug orders and verbal 
48.32 	prescription drug orders reduced to writing, must be kept on file as received or transcribed, 
48.33 	except that such orders may be kept in an electronic format as allowed by the board. 
49.1 	Electronic systems used to process and store prescription drug orders must be compliant 
49.2 	with the requirements of this chapter and the rules of the board. Prescription drug orders 
49.3 	that are stored in an electronic format, as permitted by this subdivision, may be kept on 
49.4 	file at a remote location provided that they are readily and securely accessible from the 
49.5 	location at which dispensing of the ordered drug occurred.
49.6 		Subd. 2.Refill requirements. No A prescription shall drug order may be refilled 
49.7 	except only with the written, electronic, or verbal consent of the prescriber and in 
49.8 	accordance with the requirements of this chapter, the rules of the board, and where 
49.9 	applicable, section 152.11. The date of such refill must be recorded and initialed upon 
49.10 	the original prescription drug order, or within the electronically maintained record of the 
49.11 	original prescription drug order, by the pharmacist, pharmacist intern, or practitioner 
49.12 	who refills the prescription.

49.13 	Sec. 9. [151.251] COMPOUNDING.
49.14 		Subdivision 1.Exemption from manufacturing licensure requirement. Section 
49.15 	151.252 shall not apply to:
49.16 	(1) a practitioner engaged in extemporaneous compounding, anticipatory 
49.17 	compounding, or compounding not done pursuant to a prescription drug order when 
49.18 	permitted by this chapter or the rules of the board; and
49.19 	(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, 
49.20 	anticipatory compounding, or compounding not done pursuant to a prescription drug order 
49.21 	when permitted by this chapter or the rules of the board.
49.22 		Subd. 2.Compounded drug. A drug product may be compounded under this 
49.23 	section if a pharmacist or practitioner:
49.24 	(a) compounds the drug product using bulk drug substances, as defined in the federal 
49.25 	regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
49.26 	(1) that:
49.27 	(i) comply with the standards of an applicable United States Pharmacopoeia 
49.28 	or National Formulary monograph, if a monograph exists, and the United States 
49.29 	Pharmacopoeia chapter on pharmacy compounding;
49.30 	(ii) if such a monograph does not exist, are drug substances that are components of 
49.31 	drugs approved for use in this country by the United States Food and Drug Administration; 
49.32 	or
49.33 	(iii) if such a monograph does not exist and the drug substance is not a component of 
49.34 	a drug approved for use in this country by the United States Food and Drug Administration, 
49.35 	that appear on a list developed by the United States Food and Drug Administration through 
50.1 	regulations issued by the secretary of the federal Department of Health and Human 
50.2 	Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
50.3 	(2) that are manufactured by an establishment that is registered under section 360 
50.4 	of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is 
50.5 	registered under section 360(i) of that act; and
50.6 	(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
50.7 	(b) compounds the drug product using ingredients, other than bulk drug substances, 
50.8 	that comply with the standards of an applicable United States Pharmacopoeia or National 
50.9 	Formulary monograph, if a monograph exists, and the United States Pharmacopoeia 
50.10 	chapters on pharmacy compounding;
50.11 	(c) does not compound a drug product that appears on a list published by the secretary 
50.12 	of the federal Department of Health and Human Services in the Federal Register of drug 
50.13 	products that have been withdrawn or removed from the market because such drug products 
50.14 	or components of such drug products have been found to be unsafe or not effective;
50.15 	(d) does not compound any drug products that are essentially copies of a 
50.16 	commercially available drug product; and
50.17 	(e) does not compound any drug product that has been identified pursuant to 
50.18 	United States Code, title 21, section 353a, as a drug product that presents demonstrable 
50.19 	difficulties for compounding that reasonably demonstrate an adverse effect on the safety 
50.20 	or effectiveness of that drug product.
50.21 	The term "essentially a copy of a commercially available drug product" does not 
50.22 	include a drug product in which there is a change, made for an identified individual 
50.23 	patient, that produces for that patient a significant difference, as determined by the 
50.24 	prescribing practitioner, between the compounded drug and the comparable commercially 
50.25 	available drug product.
50.26 		Subd. 3.Exceptions. This section shall not apply to:
50.27 	(1) compounded positron emission tomography drugs as defined in section 151.01, 
50.28 	subdivision 38; or
50.29 	(2) radiopharmaceuticals.

50.30 	Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding 
50.31 	a subdivision to read:
50.32 		Subd. 1a.Outsourcing facility. (a) No person shall act as an outsourcing facility 
50.33 	without first obtaining a license from the board and paying any applicable manufacturer 
50.34 	licensing fee specified in section 151.065.
51.1 	(b) Application for an outsourcing facility license under this section shall be made 
51.2 	in a manner specified by the board and may differ from the application required of other 
51.3 	drug manufacturers.
51.4 	(c) No license shall be issued or renewed for an outsourcing facility unless the 
51.5 	applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and 
51.6 	state law and according to Minnesota Rules.
51.7 	(d) No license shall be issued or renewed for an outsourcing facility unless the 
51.8 	applicant supplies the board with proof of such registration by the United States Food and 
51.9 	Drug Administration as required by United States Code, title 21, section 353b.
51.10 	(e) No license shall be issued or renewed for an outsourcing facility that is required 
51.11 	to be licensed or registered by the state in which it is physically located unless the 
51.12 	applicant supplies the board with proof of such licensure or registration. The board may 
51.13 	establish, by rule, standards for the licensure of an outsourcing facility that is not required 
51.14 	to be licensed or registered by the state in which it is physically located.
51.15 	(f) The board shall require a separate license for each outsourcing facility located 
51.16 	within the state and for each outsourcing facility located outside of the state at which drugs 
51.17 	that are shipped into the state are prepared.
51.18 	(g) The board shall not issue an initial or renewed license for an outsourcing facility 
51.19 	unless the facility passes an inspection conducted by an authorized representative of the 
51.20 	board. In the case of an outsourcing facility located outside of the state, the board may 
51.21 	require the applicant to pay the cost of the inspection, in addition to the license fee in 
51.22 	section 151.065, unless the applicant furnishes the board with a report, issued by the 
51.23 	appropriate regulatory agency of the state in which the facility is located or by the United 
51.24 	States Food and Drug Administration, of an inspection that has occurred within the 24 
51.25 	months immediately preceding receipt of the license application by the board. The board 
51.26 	may deny licensure unless the applicant submits documentation satisfactory to the board 
51.27 	that any deficiencies noted in an inspection report have been corrected.

51.28 	Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
51.29 	151.26 EXCEPTIONS.
51.30 		Subdivision 1.Generally. Nothing in this chapter shall subject a person duly 
51.31 	licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 
51.32 	by the State Board of Pharmacy, nor prevent the person from administering drugs, 
51.33 	medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 
51.34 	practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 
51.35 	chemicals, or poisons as may be considered appropriate in the treatment of such patient; 
52.1 	unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 
52.2 	provides reasonable notice of an inspection.
52.3 	Except for the provisions of section 151.37, nothing in this chapter applies to or 
52.4 	interferes with the dispensing, in its original package and at no charge to the patient, of 
52.5 	a legend drug, other than a controlled substance, that was packaged by a manufacturer 
52.6 	and provided to the dispenser for distribution dispensing as a professional sample, so 
52.7 	long as the sample is prepared and distributed pursuant to Code of Federal Regulations, 
52.8 	title 21, section 203, subpart D.
52.9 	Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 
52.10 	poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 
52.11 	practice, nor to hospitals for use therein.
52.12 	Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 
52.13 	at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 
52.14 	sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 
52.15 	this chapter shall prevent the sale of common household preparations and other drugs, 
52.16 	chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided 
52.17 	that this exception does not apply to any compound, substance, or derivative that is not 
52.18 	approved for human consumption by the United States Food and Drug Administration 
52.19 	or specifically permitted for human consumption under Minnesota law and, when 
52.20 	introduced into the body, induces an effect similar to that of a Schedule I or Schedule II 
52.21 	controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, 
52.22 	parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the 
52.23 	purpose of human consumption.
52.24 	Nothing in this chapter shall apply to or interfere with the vending or retailing of 
52.25 	any nonprescription medicine or drug not otherwise prohibited by statute which that is 
52.26 	prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 
52.27 	labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 
52.28 	to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 
52.29 	cosmetics, perfumes, spices, and other commonly used household articles of a chemical 
52.30 	nature, for use for nonmedicinal purposes.; provided that this exception does not apply 
52.31 	to any compound, substance, or derivative that is not approved for human consumption 
52.32 	by the United States Food and Drug Administration or specifically permitted for human 
52.33 	consumption under Minnesota law that, when introduced into the body, induces an effect 
52.34 	similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, 
52.35 	subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of 
52.36 	whether the substance is marketed for the purpose of human consumption. Nothing in 
53.1 	this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 
53.2 	discount to persons over 65 years of age.

53.3 	Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
53.4 	151.34 PROHIBITED ACTS.
53.5 	It shall be unlawful to:
53.6 	(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated 
53.7 	or misbranded;
53.8 	(2) adulterate or misbrand any drug;
53.9 	(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or 
53.10 	proffer delivery thereof for pay or otherwise;
53.11 	(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to 
53.12 	permit access to or copying of any record as authorized by this chapter;
53.13 	(5) remove or dispose of a detained or embargoed article in violation of this chapter;
53.14 	(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling 
53.15 	of, or to do any other act with respect to a drug, if such act is done while such drug is held 
53.16 	for sale and results in such drug being adulterated or misbranded;
53.17 	(7) use for a person's own advantage or to reveal other than to the board or its 
53.18 	authorized representative or to the courts when required in any judicial proceeding under 
53.19 	this chapter any information acquired under authority of this chapter concerning any 
53.20 	method or process which that is a trade secret and entitled to protection;
53.21 	(8) use on the labeling of any drug any representation or suggestion that an 
53.22 	application with respect to such drug is effective under the federal act or that such drug 
53.23 	complies with such provisions;
53.24 	(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale 
53.25 	within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed 
53.26 	by applicable law to administer such drug who makes written request for information as to 
53.27 	such drug, true and correct copies of all printed matter which that is required to be included 
53.28 	in any package in which that drug is distributed or sold, or such other printed matter as is 
53.29 	approved under the federal act. Nothing in this paragraph shall be construed to exempt 
53.30 	any person from any labeling requirement imposed by or under provisions of this chapter;
53.31 	(10) conduct a pharmacy without a pharmacist in charge;
53.32 	(11) dispense a legend drug without first obtaining a valid prescription for that drug;
53.33 	(12) conduct a pharmacy without proper registration with the board;
53.34 	(13) practice pharmacy without being licensed to do so by the board; or
54.1 	(14) sell at retail federally restricted medical gases without proper registration with 
54.2 	the board except as provided in this chapter.; or
54.3 	(15) sell any compound, substance, or derivative that is not approved for human 
54.4 	consumption by the United States Food and Drug Administration or specifically permitted 
54.5 	for human consumption under Minnesota law and, when introduced into the body, induces 
54.6 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
54.7 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
54.8 	regardless of whether the substance is marketed for the purpose of human consumption.

54.9 	EFFECTIVE DATE. This section is effective August 1, 2014, and applies to sales 
54.10 	on or after that date.

54.11 	Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
54.12 	151.35 DRUGS, ADULTERATION.
54.13 	A drug shall be deemed to be adulterated:
54.14 	(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or 
54.15 	if it has been produced, prepared, packed, or held under unsanitary conditions whereby it 
54.16 	may have been rendered injurious to health, or whereby it may have been contaminated 
54.17 	with filth; or if the methods used in, or the facilities or controls used for, its manufacture, 
54.18 	processing, packing, or holding do not conform to or are not operated or administered 
54.19 	in conformity with current good manufacturing practice as required under the federal 
54.20 	act to assure that such drug is safe and has the identity, strength, quality, and purity 
54.21 	characteristics, which it purports or is represented to possess; or the facility in which it 
54.22 	was produced was not registered by the United States Food and Drug Administration or 
54.23 	licensed by the board; or, its container is composed, in whole or in part, of any poisonous 
54.24 	or deleterious substance which may render the contents injurious to health; or it bears 
54.25 	or contains, for purposes of coloring only, a color additive which is unsafe within the 
54.26 	meaning of the federal act, or it is a color additive, the intended use of which in or on drugs 
54.27 	is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
54.28 	(2) if it purports to be or is represented as a drug the name of which is recognized in 
54.29 	the United States Pharmacopoeia or the National Formulary, and its strength differs from, 
54.30 	or its quality or purity falls below, the standard set forth therein. Such determination as 
54.31 	to strength, quality, or purity shall be made in accordance with the tests or methods of 
54.32 	assay set forth in such compendium, or in the absence of or inadequacy of such tests or 
54.33 	methods of assay, those prescribed under authority of the federal act. No drug defined 
54.34 	in the United States Pharmacopoeia or the National Formulary shall be deemed to be 
55.1 	adulterated under this paragraph because it differs from the standard of strength, quality, 
55.2 	or purity therefor set forth in such compendium, if its difference in strength, quality, or 
55.3 	purity from such standard is plainly stated on its label;
55.4 	(3) if it is not subject to the provisions of paragraph (2) of this section and its 
55.5 	strength differs from, or its purity or quality differs from that which it purports or is 
55.6 	represented to possess;
55.7 	(4) if any substance has been mixed or packed therewith so as to reduce its quality or 
55.8 	strength, or substituted wholly or in part therefor.

55.9 	Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
55.10 		Subd. 2.After January 1, 1983. (a) No legend drug in solid oral dosage form 
55.11 	may be manufactured, packaged or distributed for sale in this state after January 1, 1983 
55.12 	unless it is clearly marked or imprinted with a symbol, number, company name, words, 
55.13 	letters, national drug code or other mark uniquely identifiable to that drug product. An 
55.14 	identifying mark or imprint made as required by federal law or by the federal Food and 
55.15 	Drug Administration shall be deemed to be in compliance with this section.
55.16 	(b) The Board of Pharmacy may grant exemptions from the requirements of this 
55.17 	section on its own initiative or upon application of a manufacturer, packager, or distributor 
55.18 	indicating size or other characteristics which that render the product impractical for the 
55.19 	imprinting required by this section.
55.20 	(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
55.21 	(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 
55.22 	January 1, 1983, and held in stock for resale.
55.23 	(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 
55.24 	law to prescribe or administer drugs and which are to be used solely by the patient for 
55.25 	whom prescribed.

55.26 	Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 
55.27 	43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 
55.28 	10, section 5, is amended to read:
55.29 	151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
55.30 		Subdivision 1.Prohibition. Except as otherwise provided in this chapter, it shall be 
55.31 	unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 
55.32 	distribute a legend drug.
55.33 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
55.34 	professional practice only, may prescribe, administer, and dispense a legend drug, and 
56.1 	may cause the same to be administered by a nurse, a physician assistant, or medical 
56.2 	student or resident under the practitioner's direction and supervision, and may cause a 
56.3 	person who is an appropriately certified, registered, or licensed health care professional 
56.4 	to prescribe, dispense, and administer the same within the expressed legal scope of the 
56.5 	person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 
56.6 	legend drug, without reference to a specific patient, by directing a licensed dietitian or 
56.7 	licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 
56.8 	subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 
56.9 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
56.10 	protocol when treating patients whose condition falls within such guideline or protocol, 
56.11 	and when such guideline or protocol specifies the circumstances under which the legend 
56.12 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
56.13 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
56.14 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
56.15 	assistant only if the physician assistant meets the requirements of section 147A.18.
56.16 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
56.17 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
56.18 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
56.19 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
56.20 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
56.21 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
56.22 	to control tuberculosis and other communicable diseases. The commissioner may modify 
56.23 	state drug labeling requirements, and medical screening criteria and documentation, where 
56.24 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
56.25 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
56.26 	and mortality.
56.27 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
56.28 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
56.29 	file with the practitioner's licensing board a statement indicating that the practitioner 
56.30 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
56.31 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
56.32 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
56.33 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
56.34 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
56.35 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
56.36 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
57.1 	making the drug available if the legend drug requires compounding, packaging, or other 
57.2 	treatment. The statement filed under this paragraph is public data under section 13.03. 
57.3 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
57.4 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
57.5 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
57.6 	To dispense for profit does not include dispensing by a community health clinic when the 
57.7 	profit from dispensing is used to meet operating expenses.
57.8 	(d) A prescription or drug order for the following drugs is not valid, unless it can 
57.9 	be established that the prescription or drug order was based on a documented patient 
57.10 	evaluation, including an examination, adequate to establish a diagnosis and identify 
57.11 	underlying conditions and contraindications to treatment:
57.12 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
57.13 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
57.14 	152.02, subdivisions 7, 8, and 12;
57.15 	(3) muscle relaxants;
57.16 	(4) centrally acting analgesics with opioid activity;
57.17 	(5) drugs containing butalbital; or
57.18 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
57.19 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
57.20 	met if an in-person examination has been completed in any of the following circumstances:
57.21 	(1) the prescribing practitioner examines the patient at the time the prescription 
57.22 	or drug order is issued;
57.23 	(2) the prescribing practitioner has performed a prior examination of the patient;
57.24 	(3) another prescribing practitioner practicing within the same group or clinic as the 
57.25 	prescribing practitioner has examined the patient;
57.26 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
57.27 	patient has examined the patient; or
57.28 	(5) the referring practitioner has performed an examination in the case of a 
57.29 	consultant practitioner issuing a prescription or drug order when providing services by 
57.30 	means of telemedicine.
57.31 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
57.32 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
57.33 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
57.34 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
57.35 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
57.36 	United States Centers for Disease Control.
58.1 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
58.2 	of legend drugs through a public health clinic or other distribution mechanism approved 
58.3 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
58.4 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
58.5 	biological, chemical, or radiological agent.
58.6 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
58.7 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
58.8 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
58.9 	valid under paragraph (d).
58.10 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
58.11 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
58.12 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
58.13 	expected to know, is not valid under paragraph (d).
58.14 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
58.15 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
58.16 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
58.17 	treatment of a communicable disease according to the Centers For Disease Control and 
58.18 	Prevention Partner Services Guidelines.
58.19 		Subd. 2a.Delegation. A supervising physician may delegate to a physician assistant 
58.20 	who is registered with the Board of Medical Practice and certified by the National 
58.21 	Commission on Certification of Physician Assistants and who is under the supervising 
58.22 	physician's supervision, the authority to prescribe, dispense, and administer legend drugs 
58.23 	and medical devices, subject to the requirements in chapter 147A and other requirements 
58.24 	established by the Board of Medical Practice in rules.
58.25 		Subd. 3.Veterinarians. A licensed doctor of veterinary medicine, in the course of 
58.26 	professional practice only and not for use by a human being, may personally prescribe, 
58.27 	administer, and dispense a legend drug, and may cause the same to be administered or 
58.28 	dispensed by an assistant under the doctor's direction and supervision.
58.29 		Subd. 4.Research. (a) Any qualified person may use legend drugs in the course 
58.30 	of a bona fide research project, but cannot administer or dispense such drugs to human 
58.31 	beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 
58.32 	authorized to do so.
58.33 	(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 
58.34 	use by, or administration to, patients enrolled in a bona fide research study that is being 
58.35 	conducted pursuant to either an investigational new drug application approved by the 
59.1 	United States Food and Drug Administration or that has been approved by an institutional 
59.2 	review board. For the purposes of this subdivision only:
59.3 	(1) a prescription drug order is not required for a pharmacy to dispense a research 
59.4 	drug, unless the study protocol requires the pharmacy to receive such an order;
59.5 	(2) notwithstanding the prescription labeling requirements found in this chapter or 
59.6 	the rules promulgated by the board, a research drug may be labeled as required by the 
59.7 	study protocol; and
59.8 	(3) dispensing and distribution of research drugs by pharmacies shall not be 
59.9 	considered compounding, manufacturing, or wholesaling under this chapter.; and
59.10 	(4) a pharmacy may compound drugs for research studies as provided in 
59.11 	this subdivision but must follow applicable standards established by United States 
59.12 	Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
59.13 	(c) An entity that is under contract to a federal agency for the purpose of distributing 
59.14 	drugs for bona fide research studies is exempt from the drug wholesaler licensing 
59.15 	requirements of this chapter. Any other entity is exempt from the drug wholesaler 
59.16 	licensing requirements of this chapter if the board finds that the entity is licensed or 
59.17 	registered according to the laws of the state in which it is physically located and it is 
59.18 	distributing drugs for use by, or administration to, patients enrolled in a bona fide research 
59.19 	study that is being conducted pursuant to either an investigational new drug application 
59.20 	approved by the United States Food and Drug Administration or that has been approved 
59.21 	by an institutional review board.
59.22 		Subd. 5.Exclusion for course of practice. Nothing in this chapter shall prohibit 
59.23 	the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 
59.24 	manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 
59.25 	bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 
59.26 	practitioners while acting within the course of their practice only.
59.27 		Subd. 6.Exclusion for course of employment. (a) Nothing in this chapter shall 
59.28 	prohibit the possession of a legend drug by an employee, agent, or sales representative of 
59.29 	a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 
59.30 	or registered pharmacy, while acting in the course of employment.
59.31 	(b) Nothing in this chapter shall prohibit the following entities from possessing a 
59.32 	legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
59.33 	(1) a law enforcement officer;
59.34 	(2) a hazardous waste transporter licensed by the Department of Transportation;
59.35 	(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 
59.36 	hazardous waste, including household hazardous waste;
60.1 	(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 
60.2 	very small quantity generator collection program or a minimal generator;
60.3 	(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 
60.4 	a program in compliance with applicable federal law or a person authorized by the county 
60.5 	to conduct one or more of these activities; or
60.6 	(6) a sanitary district organized under chapter 115, or a special law.
60.7 		Subd. 7.Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 
60.8 	possession of a legend drug by a person for that person's use when it has been dispensed to 
60.9 	the person in accordance with a valid prescription issued by a practitioner.
60.10 	(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 
60.11 	been dispensed in accordance with a written or oral prescription by a practitioner, from 
60.12 	designating a family member, caregiver, or other individual to handle the legend drug for 
60.13 	the purpose of assisting the person in obtaining or administering the drug or sending 
60.14 	the drug for destruction.
60.15 	(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 
60.16 	been dispensed in accordance with a valid prescription issued by a practitioner from 
60.17 	transferring the legend drug to a county that collects, stores, transports, or disposes of a 
60.18 	legend drug pursuant to a program in compliance with applicable federal law or to a 
60.19 	person authorized by the county to conduct one or more of these activities.
60.20 		Subd. 8.Misrepresentation. It is unlawful for a person to procure, attempt to 
60.21 	procure, possess, or control a legend drug by any of the following means:
60.22 	(1) deceit, misrepresentation, or subterfuge;
60.23 	(2) using a false name; or
60.24 	(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 
60.25 	wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 
60.26 	obtaining a legend drug.
60.27 		Subd. 9.Exclusion for course of laboratory employment. Nothing in this chapter 
60.28 	shall prohibit the possession of a legend drug by an employee or agent of a registered 
60.29 	analytical laboratory while acting in the course of laboratory employment.
60.30 		Subd. 10.Purchase of drugs and other agents by commissioner of health. The 
60.31 	commissioner of health, in preparation for and in carrying out the duties of sections 
60.32 	144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 
60.33 	drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 
60.34 	antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 
60.35 	communicable disease.
61.1 		Subd. 10a.Emergency use authorizations. Nothing in this chapter shall prohibit 
61.2 	the purchase, possession, or use of a legend drug by an entity acting according to an 
61.3 	emergency use authorization issued by the United States Food and Drug Administration 
61.4 	pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically 
61.5 	tasked in a public health response plan to perform critical functions necessary to support 
61.6 	the response to a public health incident or event.
61.7 		Subd. 11.Complaint reporting Exclusion for health care educational programs.
 61.8 	The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 
61.9 	complaints received regarding the prescription or administration of legend drugs under 
61.10 	section 148.576. Nothing in this section shall prohibit an accredited public or private 
61.11 	postsecondary school from possessing a legend drug that is not a controlled substance 
61.12 	listed in section 152.02, provided that:
61.13 	(a) the school is approved by the United States secretary of education in accordance 
61.14 	with requirements of the Higher Education Act of 1965, as amended;
61.15 	(b) the school provides a course of instruction that prepares individuals for 
61.16 	employment in a health care occupation or profession;
61.17 	(c) the school may only possess those drugs necessary for the instruction of such 
61.18 	individuals; and
61.19 	(d) the drugs may only be used in the course of providing such instruction and are 
61.20 	labeled by the purchaser to indicate that they are not to be administered to patients.
61.21 	Those areas of the school in which legend drugs are stored are subject to section 
61.22 	151.06, subdivision 1, paragraph (a), clause (4).

61.23 	Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
61.24 	151.44 DEFINITIONS.
61.25 	As used in sections 151.43 to 151.51, the following terms have the meanings given 
61.26 	in paragraphs (a) to (h):
61.27 	(a) "Wholesale drug distribution" means distribution of prescription or 
61.28 	nonprescription drugs to persons other than a consumer or patient or reverse distribution 
61.29 	of such drugs, but does not include:
61.30 	(1) a sale between a division, subsidiary, parent, affiliated, or related company under 
61.31 	the common ownership and control of a corporate entity;
61.32 	(2) the purchase or other acquisition, by a hospital or other health care entity that is a 
61.33 	member of a group purchasing organization, of a drug for its own use from the organization 
61.34 	or from other hospitals or health care entities that are members of such organizations;
62.1 	(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 
62.2 	drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 
62.3 	Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 
62.4 	organization to the extent otherwise permitted by law;
62.5 	(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
62.6 	among hospitals or other health care entities that are under common control;
62.7 	(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
62.8 	for emergency medical reasons;
62.9 	(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 
62.10 	the dispensing of a drug pursuant to a prescription;
62.11 	(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 
62.12 	another retail pharmacy to alleviate a temporary shortage;
62.13 	(8) the distribution of prescription or nonprescription drug samples by manufacturers 
62.14 	representatives; or
62.15 	(9) the sale, purchase, or trade of blood and blood components.
62.16 	(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 
62.17 	distribution including, but not limited to, manufacturers; repackers repackagers; own-label 
62.18 	distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 
62.19 	warehouses, chain drug warehouses, and wholesale drug warehouses; independent 
62.20 	wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 
62.21 	wholesale drug distributor does not include a common carrier or individual hired primarily 
62.22 	to transport prescription or nonprescription drugs.
62.23 	(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 
62.24 	propagating, compounding, processing, packaging, repackaging, or labeling of a 
62.25 	prescription drug has the meaning provided in section 151.01, subdivision 14b.
62.26 	(d) "Prescription drug" means a drug required by federal or state law or regulation 
62.27 	to be dispensed only by a prescription, including finished dosage forms and active 
62.28 	ingredients subject to United States Code, title 21, sections 811 and 812.
62.29 	(e) "Blood" means whole blood collected from a single donor and processed either 
62.30 	for transfusion or further manufacturing.
62.31 	(f) "Blood components" means that part of blood separated by physical or 
62.32 	mechanical means.
62.33 	(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 
62.34 	received from or shipped to Minnesota locations for the purpose of returning the drugs 
62.35 	to their producers or distributors.
62.36 	(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

63.1 	Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
63.2 		Subd. 2.Definitions. For purposes of this section only, the terms defined in this 
63.3 	subdivision have the meanings given.
63.4 	(a) "Automated drug distribution system" or "system" means a mechanical system 
63.5 	approved by the board that performs operations or activities, other than compounding or 
63.6 	administration, related to the storage, packaging, or dispensing of drugs, and collects, 
63.7 	controls, and maintains all required transaction information and records.
63.8 	(b) "Health care facility" means a nursing home licensed under section 144A.02; 
63.9 	a housing with services establishment registered under section 144D.01, subdivision 4, 
63.10 	in which a home provider licensed under chapter 144A is providing centralized storage 
63.11 	of medications; or a community behavioral health hospital or Minnesota sex offender 
63.12 	program facility operated by the Department of Human Services.
63.13 	(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 
63.14 	is responsible for the operation of an automated drug distribution system.

63.15 	Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
63.16 		Subd. 3.Authorization. A pharmacy may use an automated drug distribution 
63.17 	system to fill prescription drug orders for patients of a health care facility provided that the 
63.18 	policies and procedures required by this section have been approved by the board. The 
63.19 	automated drug distribution system may be located in a health care facility that is not at 
63.20 	the same location as the managing pharmacy. When located within a health care facility, 
63.21 	the system is considered to be an extension of the managing pharmacy.

63.22 	Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
63.23 		Subd. 5.Operation of automated drug distribution systems. (a) The managing 
63.24 	pharmacy and the pharmacist in charge are responsible for the operation of an automated 
63.25 	drug distribution system.
63.26 	(b) Access to an automated drug distribution system must be limited to pharmacy 
63.27 	and nonpharmacy personnel authorized to procure drugs from the system, except that field 
63.28 	service technicians may access a system located in a health care facility for the purposes of 
63.29 	servicing and maintaining it while being monitored either by the managing pharmacy, or a 
63.30 	licensed nurse within the health care facility. In the case of an automated drug distribution 
63.31 	system that is not physically located within a licensed pharmacy, access for the purpose 
63.32 	of procuring drugs shall be limited to licensed nurses. Each person authorized to access 
63.33 	the system must be assigned an individual specific access code. Alternatively, access to 
63.34 	the system may be controlled through the use of biometric identification procedures. A 
64.1 	policy specifying time access parameters, including time-outs, logoffs, and lockouts, 
64.2 	must be in place.
64.3 	(c) For the purposes of this section only, the requirements of section 151.215 are met 
64.4 	if the following clauses are met:
64.5 	(1) a pharmacist employed by and working at the managing pharmacy, or at a 
64.6 	pharmacy that is acting as a central services pharmacy for the managing pharmacy, 
64.7 	pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all 
64.8 	prescription drug orders before any drug is distributed from the system to be administered 
64.9 	to a patient. A pharmacy technician may perform data entry of prescription drug orders 
64.10 	provided that a pharmacist certifies the accuracy of the data entry before the drug can 
64.11 	be released from the automated drug distribution system. A pharmacist employed by 
64.12 	and working at the managing pharmacy must certify the accuracy of the filling of any 
64.13 	cassettes, canisters, or other containers that contain drugs that will be loaded into the 
64.14 	automated drug distribution system; and
64.15 	(2) when the automated drug dispensing system is located and used within the 
64.16 	managing pharmacy, a pharmacist must personally supervise and take responsibility for all 
64.17 	packaging and labeling associated with the use of an automated drug distribution system.
64.18 	(d) Access to drugs when a pharmacist has not reviewed and approved the 
64.19 	prescription drug order is permitted only when a formal and written decision to allow such 
64.20 	access is issued by the pharmacy and the therapeutics committee or its equivalent. The 
64.21 	committee must specify the patient care circumstances in which such access is allowed, 
64.22 	the drugs that can be accessed, and the staff that are allowed to access the drugs.
64.23 	(e) In the case of an automated drug distribution system that does not utilize bar 
64.24 	coding in the loading process, the loading of a system located in a health care facility may 
64.25 	be performed by a pharmacy technician, so long as the activity is continuously supervised, 
64.26 	through a two-way audiovisual system by a pharmacist on duty within the managing 
64.27 	pharmacy. In the case of an automated drug distribution system that utilizes bar coding 
64.28 	in the loading process, the loading of a system located in a health care facility may be 
64.29 	performed by a pharmacy technician or a licensed nurse, provided that the managing 
64.30 	pharmacy retains an electronic record of loading activities.
64.31 	(f) The automated drug distribution system must be under the supervision of a 
64.32 	pharmacist. The pharmacist is not required to be physically present at the site of the 
64.33 	automated drug distribution system if the system is continuously monitored electronically 
64.34 	by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 
64.35 	board must be continuously available to address any problems detected by the monitoring 
64.36 	or to answer questions from the staff of the health care facility. The licensed pharmacy 
65.1 	may be the managing pharmacy or a pharmacy which is acting as a central services 
65.2 	pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

65.3 	Sec. 20. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 
65.4 	amended to read:
65.5 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this 
65.6 	subdivision.
65.7 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 
65.8 	the following substances, including their analogs, isomers, esters, ethers, salts, and salts 
65.9 	of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 
65.10 	ethers, and salts is possible:
65.11 	(1) acetylmethadol;
65.12 	(2) allylprodine;
65.13 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 
65.14 	levomethadyl acetate);
65.15 	(4) alphameprodine;
65.16 	(5) alphamethadol;
65.17 	(6) alpha-methylfentanyl benzethidine;
65.18 	(7) betacetylmethadol;
65.19 	(8) betameprodine;
65.20 	(9) betamethadol;
65.21 	(10) betaprodine;
65.22 	(11) clonitazene;
65.23 	(12) dextromoramide;
65.24 	(13) diampromide;
65.25 	(14) diethyliambutene;
65.26 	(15) difenoxin;
65.27 	(16) dimenoxadol;
65.28 	(17) dimepheptanol;
65.29 	(18) dimethyliambutene;
65.30 	(19) dioxaphetyl butyrate;
65.31 	(20) dipipanone;
65.32 	(21) ethylmethylthiambutene;
65.33 	(22) etonitazene;
65.34 	(23) etoxeridine;
65.35 	(24) furethidine;
66.1 	(25) hydroxypethidine;
66.2 	(26) ketobemidone;
66.3 	(27) levomoramide;
66.4 	(28) levophenacylmorphan;
66.5 	(29) 3-methylfentanyl;
66.6 	(30) acetyl-alpha-methylfentanyl;
66.7 	(31) alpha-methylthiofentanyl;
66.8 	(32) benzylfentanyl beta-hydroxyfentanyl;
66.9 	(33) beta-hydroxy-3-methylfentanyl;
66.10 	(34) 3-methylthiofentanyl;
66.11 	(35) thenylfentanyl;
66.12 	(36) thiofentanyl;
66.13 	(37) para-fluorofentanyl;
66.14 	(38) morpheridine;
66.15 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
66.16 	(40) noracymethadol;
66.17 	(41) norlevorphanol;
66.18 	(42) normethadone;
66.19 	(43) norpipanone;
66.20 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
66.21 	(45) phenadoxone;
66.22 	(46) phenampromide;
66.23 	(47) phenomorphan;
66.24 	(48) phenoperidine;
66.25 	(49) piritramide;
66.26 	(50) proheptazine;
66.27 	(51) properidine;
66.28 	(52) propiram;
66.29 	(53) racemoramide;
66.30 	(54) tilidine;
66.31 	(55) trimeperidine.;
66.32 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
66.33 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
66.34 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
66.35 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
66.36 	(1) acetorphine;
67.1 	(2) acetyldihydrocodeine;
67.2 	(3) benzylmorphine;
67.3 	(4) codeine methylbromide;
67.4 	(5) codeine-n-oxide;
67.5 	(6) cyprenorphine;
67.6 	(7) desomorphine;
67.7 	(8) dihydromorphine;
67.8 	(9) drotebanol;
67.9 	(10) etorphine;
67.10 	(11) heroin;
67.11 	(12) hydromorphinol;
67.12 	(13) methyldesorphine;
67.13 	(14) methyldihydromorphine;
67.14 	(15) morphine methylbromide;
67.15 	(16) morphine methylsulfonate;
67.16 	(17) morphine-n-oxide;
67.17 	(18) myrophine;
67.18 	(19) nicocodeine;
67.19 	(20) nicomorphine;
67.20 	(21) normorphine;
67.21 	(22) pholcodine;
67.22 	(23) thebacon.
67.23 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains 
67.24 	any quantity of the following substances, their analogs, salts, isomers (whether optical, 
67.25 	positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 
67.26 	in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 
67.27 	isomers is possible:
67.28 	(1) methylenedioxy amphetamine;
67.29 	(2) methylenedioxymethamphetamine;
67.30 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
67.31 	(4) n-hydroxy-methylenedioxyamphetamine;
67.32 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
67.33 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
67.34 	(7) 4-methoxyamphetamine;
67.35 	(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
67.36 	(9) alpha-ethyltryptamine;
68.1 	(10) bufotenine;
68.2 	(11) diethyltryptamine;
68.3 	(12) dimethyltryptamine;
68.4 	(13) 3,4,5-trimethoxy amphetamine;
68.5 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
68.6 	(15) ibogaine;
68.7 	(16) lysergic acid diethylamide (LSD);
68.8 	(17) mescaline;
68.9 	(18) parahexyl;
68.10 	(19) N-ethyl-3-piperidyl benzilate;
68.11 	(20) N-methyl-3-piperidyl benzilate;
68.12 	(21) psilocybin;
68.13 	(22) psilocyn;
68.14 	(23) tenocyclidine (TPCP or TCP);
68.15 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
68.16 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
68.17 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
68.18 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
68.19 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
68.20 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
68.21 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
68.22 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
68.23 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
68.24 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
68.25 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
68.26 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
68.27 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
68.28 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
68.29 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
68.30 	(2-CB-FLY);
68.31 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
68.32 	(40) alpha-methyltryptamine (AMT);
68.33 	(41) N,N-diisopropyltryptamine (DiPT);
68.34 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
68.35 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
68.36 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
69.1 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
69.2 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
69.3 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
69.4 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
69.5 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
69.6 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
69.7 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
69.8 	(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
69.9 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
69.10 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
69.11 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
69.12 	(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
69.13 	(57) methoxetamine (MXE);
69.14 	(58) 5-iodo-2-aminoindane (5-IAI);
69.15 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
69.16 	(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 
69.17 	(25I-NBOMe).
69.18 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora 
69.19 	williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 
69.20 	of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 
69.21 	of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 
69.22 	Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 
69.23 	of the American Indian Church, and members of the American Indian Church are exempt 
69.24 	from registration. Any person who manufactures peyote for or distributes peyote to the 
69.25 	American Indian Church, however, is required to obtain federal registration annually and 
69.26 	to comply with all other requirements of law.
69.27 	(f) Central nervous system depressants. Unless specifically excepted or unless listed 
69.28 	in another schedule, any material compound, mixture, or preparation which contains any 
69.29 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
69.30 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
69.31 	(1) mecloqualone;
69.32 	(2) methaqualone;
69.33 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
69.34 	(4) flunitrazepam.
69.35 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
69.36 	material compound, mixture, or preparation which contains any quantity of the following 
70.1 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 
70.2 	the analogs, salts, isomers, and salts of isomers is possible:
70.3 	(1) aminorex;
70.4 	(2) cathinone;
70.5 	(3) fenethylline;
70.6 	(4) methcathinone;
70.7 	(5) methylaminorex;
70.8 	(6) N,N-dimethylamphetamine;
70.9 	(7) N-benzylpiperazine (BZP);
70.10 	(8) methylmethcathinone (mephedrone);
70.11 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
70.12 	(10) methoxymethcathinone (methedrone);
70.13 	(11) methylenedioxypyrovalerone (MDPV);
70.14 	(12) fluoromethcathinone;
70.15 	(13) methylethcathinone (MEC);
70.16 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
70.17 	(15) dimethylmethcathinone (DMMC);
70.18 	(16) fluoroamphetamine;
70.19 	(17) fluoromethamphetamine;
70.20 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
70.21 	(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
70.22 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
70.23 	(21) naphthylpyrovalerone (naphyrone); and
70.24 	(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or 
70.25 	alpha-pyrrolidinovalerophenone;
70.26 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP oe 
70.27 	MPHP); and
70.28 	(22) (24) any other substance, except bupropion or compounds listed under a 
70.29 	different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 
70.30 	at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 
70.31 	the compound is further modified in any of the following ways:
70.32 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
70.33 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
70.34 	system by one or more other univalent substituents;
70.35 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
71.1 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
71.2 	methoxybenzyl groups; or
71.3 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
71.4 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 
71.5 	specifically excepted or unless listed in another schedule, any natural or synthetic material, 
71.6 	compound, mixture, or preparation that contains any quantity of the following substances, 
71.7 	their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 
71.8 	whenever the existence of the isomers, esters, ethers, or salts is possible:
71.9 	(1) marijuana;
71.10 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 
71.11 	synthetic equivalents of the substances contained in the cannabis plant or in the 
71.12 	resinous extractives of the plant, or synthetic substances with similar chemical structure 
71.13 	and pharmacological activity to those substances contained in the plant or resinous 
71.14 	extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 
71.15 	tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
71.16 	(3) synthetic cannabinoids, including the following substances:
71.17 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
71.18 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
71.19 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
71.20 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
71.21 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
71.22 	naphthoylindoles include, but are not limited to:
71.23 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
71.24 	(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
71.25 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
71.26 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
71.27 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
71.28 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
71.29 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
71.30 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
71.31 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
71.32 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
71.33 	(ii) Napthylmethylindoles, which are any compounds containing a 
71.34 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 
71.35 	of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
71.36 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
72.1 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
72.2 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
72.3 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
72.4 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
72.5 	(iii) Naphthoylpyrroles, which are any compounds containing a 
72.6 	3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 
72.7 	pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
72.8 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
72.9 	further substituted in the pyrrole ring to any extent, whether or not substituted in the 
72.10 	naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 
72.11 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
72.12 	(iv) Naphthylmethylindenes, which are any compounds containing a 
72.13 	naphthylideneindene structure with substitution at the 3-position of the indene 
72.14 	ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
72.15 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 
72.16 	substituted in the indene ring to any extent, whether or not substituted in the naphthyl 
72.17 	ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 
72.18 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
72.19 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
72.20 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
72.21 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
72.22 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
72.23 	any extent, whether or not substituted in the phenyl ring to any extent. Examples of 
72.24 	phenylacetylindoles include, but are not limited to:
72.25 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
72.26 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
72.27 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
72.28 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
72.29 	(vi) Cyclohexylphenols, which are compounds containing a 
72.30 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 
72.31 	of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
72.32 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
72.33 	substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 
72.34 	but are not limited to:
72.35 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
73.1 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
73.2 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
73.3 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
73.4 	-phenol (CP 55,940).
73.5 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 
73.6 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
73.7 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
73.8 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
73.9 	any extent and whether or not substituted in the phenyl ring to any extent. Examples of 
73.10 	benzoylindoles include, but are not limited to:
73.11 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
73.12 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
73.13 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 
73.14 	(WIN 48,098 or Pravadoline).
73.15 	(viii) Others specifically named:
73.16 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
73.17 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
73.18 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
73.19 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
73.20 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
73.21 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
73.22 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
73.23 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
73.24 	(XLR-11);
73.25 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
73.26 	(AKB-48(APINACA));
73.27 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
73.28 	(5-Fluoro-AKB-48);
73.29 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
73.30 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 
73.31 	PB-22).;
73.32 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 
73.33 	3-carboxamide (AB-PINACA);
73.34 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
73.35 	1H-indazole-3-carboxamide (AB-FUBINACA).
74.1 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly 
74.2 	intended for human consumption.

74.3 	Sec. 21. Minnesota Statutes 2012, section 152.02, subdivision 8b, is amended to read:
74.4 		Subd. 8b.Board of Pharmacy; expedited scheduling of additional substances.
 74.5 	(a) The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that 
74.6 	it finds that the substance has a high potential for abuse, has no currently accepted medical 
74.7 	use in the United States, has a lack of accepted safety for use under medical supervision, 
74.8 	has known adverse health effects, and is currently available for use within the state. For 
74.9 	the purposes of this subdivision only, the board may use the expedited rulemaking process 
74.10 	under section 14.389. The scheduling of a substance under this subdivision expires the 
74.11 	day after the adjournment of the legislative session immediately following the substance's 
74.12 	scheduling unless the legislature by law ratifies the action.
74.13 	(b) If the board schedules a substance under this subdivision, the board shall notify 
74.14 	in a timely manner the chairs and ranking minority members of the senate and house of 
74.15 	representatives committees having jurisdiction over criminal justice and health policy 
74.16 	and finance of the action and the reasons for it. The notice must include a copy of the 
74.17 	administrative law judge's decision on the matter.
74.18 	(c) This subdivision expires August 1, 2014.

74.19 	Sec. 22. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter 
74.20 	113, article 3, section 3, is amended to read:
74.21 	152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC 
74.22 	REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
74.23 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in 
74.24 	this subdivision have the meanings given.
74.25 	(a) (b) "Board" means the Minnesota State Board of Pharmacy established under 
74.26 	chapter 151.
74.27 	(b) (c) "Controlled substances" means those substances listed in section 152.02, 
74.28 	subdivisions 3 to 5 6, and those substances defined by the board pursuant to section 
74.29 	152.02, subdivisions 7, 8, and 12. For the purposes of this section, controlled substances 
74.30 	includes tramadol and butalbital.
74.31 	(c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01, 
74.32 	subdivision 30. Dispensing does not include the direct administering of a controlled 
74.33 	substance to a patient by a licensed health care professional.
75.1 	(d) (e) "Dispenser" means a person authorized by law to dispense a controlled 
75.2 	substance, pursuant to a valid prescription. For the purposes of this section, a dispenser 
75.3 	does not include a licensed hospital pharmacy that distributes controlled substances for 
75.4 	inpatient hospital care, a licensed pharmacy, located on the same premises as a residential 
75.5 	hospice, when the licensed pharmacy is dispensing controlled substances to be used 
75.6 	by an individual who is a resident of the hospice or a veterinarian who is dispensing 
75.7 	prescriptions under section 156.18.
75.8 	(e) (f) "Prescriber" means a licensed health care professional who is authorized to 
75.9 	prescribe a controlled substance under section 152.12, subdivision 1 or 2.
75.10 	(f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
75.11 		Subd. 1a.Treatment of intractable pain. This section is not intended to limit or 
75.12 	interfere with the legitimate prescribing of controlled substances for pain. No prescriber 
75.13 	shall be subject to disciplinary action by a health-related licensing board for prescribing a 
75.14 	controlled substance according to the provisions of section 152.125.
75.15 		Subd. 2.Prescription electronic reporting system. (a) The board shall establish 
75.16 	by January 1, 2010, an electronic system for reporting the information required under 
75.17 	subdivision 4 for all controlled substances dispensed within the state.
75.18 	(b) The board may contract with a vendor for the purpose of obtaining technical 
75.19 	assistance in the design, implementation, operation, and maintenance of the electronic 
75.20 	reporting system.
75.21 		Subd. 3.Prescription Electronic ReportingMonitoring Program Advisory 
75.22 	Committee Task Force. (a) The board shall convene may appoint an advisory committee. 
75.23 	The committee must include task force consisting of at least one representative of:
75.24 	(1) the Department of Health;
75.25 	(2) the Department of Human Services;
75.26 	(3) each health-related licensing board that licenses prescribers;
75.27 	(4) a professional medical association, which may include an association of pain 
75.28 	management and chemical dependency specialists;
75.29 	(5) a professional pharmacy association;
75.30 	(6) a professional nursing association;
75.31 	(7) a professional dental association;
75.32 	(8) a consumer privacy or security advocate; and
75.33 	(9) a consumer or patient rights organization.; and
75.34 	(10) an association of medical examiners and coroners.
76.1 	(b) The advisory committeetask force shall advise the board on the development and 
76.2 	operation of the electronic reporting system prescription monitoring program, including, 
76.3 	but not limited to:
76.4 	(1) technical standards for electronic prescription drug reporting;
76.5 	(2) proper analysis and interpretation of prescription monitoring data; and
76.6 	(3) an evaluation process for the program; and
76.7 	(4) criteria for the unsolicited provision of prescription monitoring data by the 
76.8 	board to prescribers and dispensers.
76.9 	(c) The task force is governed by section 15.059. Notwithstanding section 15.059, 
76.10 	subdivision 5, the task force shall not expire.
76.11 		Subd. 4.Reporting requirements; notice. (a) Each dispenser must submit the 
76.12 	following data to the board or its designated vendor, subject to the notice required under 
76.13 	paragraph (d):
76.14 	(1) name of the prescriber;
76.15 	(2) national provider identifier of the prescriber;
76.16 	(3) name of the dispenser;
76.17 	(4) national provider identifier of the dispenser;
76.18 	(5) prescription number;
76.19 	(6) name of the patient for whom the prescription was written;
76.20 	(7) address of the patient for whom the prescription was written;
76.21 	(8) date of birth of the patient for whom the prescription was written;
76.22 	(9) date the prescription was written;
76.23 	(10) date the prescription was filled;
76.24 	(11) name and strength of the controlled substance;
76.25 	(12) quantity of controlled substance prescribed;
76.26 	(13) quantity of controlled substance dispensed; and
76.27 	(14) number of days supply.
76.28 	(b) The dispenser must submit the required information by a procedure and in a 
76.29 	format established by the board. The board may allow dispensers to omit data listed in this 
76.30 	subdivision or may require the submission of data not listed in this subdivision provided 
76.31 	the omission or submission is necessary for the purpose of complying with the electronic 
76.32 	reporting or data transmission standards of the American Society for Automation in 
76.33 	Pharmacy, the National Council on Prescription Drug Programs, or other relevant national 
76.34 	standard-setting body.
76.35 	(c) A dispenser is not required to submit this data for those controlled substance 
76.36 	prescriptions dispensed for:
77.1 	(1) individuals residing in licensed skilled nursing or intermediate care facilities;
77.2 	(2) individuals receiving assisted living services under chapter 144G or through a 
77.3 	medical assistance home and community-based waiver;
77.4 	(3) individuals receiving medication intravenously;
77.5 	(4) individuals receiving hospice and other palliative or end-of-life care; and
77.6 	(5) individuals receiving services from a home care provider regulated under chapter 
77.7 	144A.
77.8 	(1) individuals residing in a health care facility as defined in section 151.58, 
77.9 	subdivision 2, paragraph (b), when a drug is distributed through the use of an automated 
77.10 	drug distribution system according to section 151.58; and
77.11 	(2) individuals receiving a drug sample that was packaged by a manufacturer and 
77.12 	provided to the dispenser for dispensing as a professional sample pursuant to Code of 
77.13 	Federal Regulations, title 21, section 203, subpart D.
77.14 	(d) A dispenser must not submit data under this subdivision unlessprovide to the 
77.15 	patient for whom the prescription was written a conspicuous notice of the reporting 
77.16 	requirements of this section is given to the patient for whom the prescription was written
77.17 	 and notice that the information may be used for program administration purposes.
77.18 		Subd. 5.Use of data by board. (a) The board shall develop and maintain a database 
77.19 	of the data reported under subdivision 4. The board shall maintain data that could identify 
77.20 	an individual prescriber or dispenser in encrypted form. Except as otherwise allowed 
77.21 	under subdivision 6, the database may be used by permissible users identified under 
77.22 	subdivision 6 for the identification of:
77.23 	(1) individuals receiving prescriptions for controlled substances from prescribers 
77.24 	who subsequently obtain controlled substances from dispensers in quantities or with a 
77.25 	frequency inconsistent with generally recognized standards of use for those controlled 
77.26 	substances, including standards accepted by national and international pain management 
77.27 	associations; and
77.28 	(2) individuals presenting forged or otherwise false or altered prescriptions for 
77.29 	controlled substances to dispensers.
77.30 	(b) No permissible user identified under subdivision 6 may access the database 
77.31 	for the sole purpose of identifying prescribers of controlled substances for unusual or 
77.32 	excessive prescribing patterns without a valid search warrant or court order.
77.33 	(c) No personnel of a state or federal occupational licensing board or agency may 
77.34 	access the database for the purpose of obtaining information to be used to initiate or 
77.35 	substantiate a disciplinary action against a prescriber when the disciplinary action relates 
78.1 	to allegations involving unusual or excessive prescribing of the drugs for which data 
78.2 	is collected under subdivision 4.
78.3 	(d) Data reported under subdivision 4 shall be retained by the board in the 
78.4 	databasefor a 12-month period, and shall be removed from the database no later than 12 
78.5 	months from the last day of the month during which the data was received. made available 
78.6 	to permissible users for a 12-month period beginning the day the data was received and 
78.7 	ending 12 months from the last day of the month in which the data was received, except 
78.8 	that permissible users defined in subdivision 6, paragraph (b), clauses (6) and (7), may 
78.9 	use all data collected under this section for the purposes of administering, operating, and 
78.10 	maintaining the prescription monitoring program and conducting trend analyses and other 
78.11 	studies necessary to evaluate the effectiveness of the program.
78.12 	(e) The board shall not retain data reported under subdivision 4 for a period longer 
78.13 	than five years from the date the data was received.
78.14 		Subd. 6.Access to reporting system data. (a) Except as indicated in this 
78.15 	subdivision, the data submitted to the board under subdivision 4 is private data on 
78.16 	individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
78.17 	(b) Except as specified in subdivision 5, the following persons shall be considered 
78.18 	permissible users and may access the data submitted under subdivision 4 in the same or 
78.19 	similar manner, and for the same or similar purposes, as those persons who are authorized 
78.20 	to access similar private data on individuals under federal and state law:
78.21 	(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has 
78.22 	delegated the task of accessing the data, to the extent the information relates specifically to 
78.23 	a current patient, to whom the prescriber is prescribing or considering prescribing any 
78.24 	controlled substance or to whom the prescriber is providing other medical treatment for 
78.25 	which access to the data may be necessary  and with the provision that the prescriber remains 
78.26 	responsible for the use or misuse of data accessed by a delegated agent or employee;
78.27 	(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has 
78.28 	delegated the task of accessing the data, to the extent the information relates specifically 
78.29 	to a current patient to whom that dispenser is dispensing or considering dispensing any 
78.30 	controlled substance and with the provision that the dispenser remains responsible for the 
78.31 	use or misuse of data accessed by a delegated agent or employee;
78.32 	(3) a licensed pharmacist who is providing pharmaceutical care for which access to 
78.33 	the data may be necessary to the extent that the information relates specifically to a current 
78.34 	patient for whom the pharmacist is providing pharmaceutical care;
78.35 	(3) (4) an individual who is the recipient of a controlled substance prescription for 
78.36 	which data was submitted under subdivision 4, or a guardian of the individual, parent or 
79.1 	guardian of a minor, or health care agent of the individual acting under a health care 
79.2 	directive under chapter 145C;
79.3 	(4) (5) personnel of the a health-related licensing board specifically listed in section 
79.4 	214.01, subdivision 2, or the Emergency Medical Services Regulatory Board, assigned to 
79.5 	conduct a bona fide investigation of a complaint received by that board alleging that a 
79.6 	 specific licensee is impaired by use of a drug for which data is collected under subdivision 
79.7 	4, has engaged in activity that would constitute a crime as defined in section 152.025, or 
79.8 	has engaged in the behavior specified in section 152.126, subdivision 5, paragraph (a);
79.9 	(5) (6) personnel of the board engaged in the collection, review, and analysis
79.10 	 of controlled substance prescription information as part of the assigned duties and 
79.11 	responsibilities under this section;
79.12 	(6) (7) authorized personnel of a vendor under contract with the boardstate of 
79.13 	Minnesota who are engaged in the design, implementation, operation, and maintenance of 
79.14 	the electronic reporting systemprescription monitoring program as part of the assigned 
79.15 	duties and responsibilities of their employment, provided that access to data is limited to 
79.16 	the minimum amount necessary to carry out such duties and responsibilities;
79.17 	(7) (8) federal, state, and local law enforcement authorities acting pursuant to a 
79.18 	valid search warrant;
79.19 	(8) (9) personnel of the medical assistance programMinnesota health care programs 
79.20 	assigned to use the data collected under this section to identify and manage recipients 
79.21 	whose usage of controlled substances may warrant restriction to a single primary care 
79.22 	physician provider, a single outpatient pharmacy, or and a single hospital; and
79.23 	(9) (10) personnel of the Department of Human Services assigned to access the 
79.24 	data pursuant to paragraph (h).;
79.25 	(11) a coroner or medical examiner, or an agent or employee of the coroner or 
79.26 	medical examiner to whom the coroner or medical examiner has delegated the task of 
79.27 	accessing the data, conducting an investigation pursuant to section 390.11, and with the 
79.28 	provision that the coroner or medical examiner remains responsible for the use or misuse 
79.29 	of data accessed by a delegated agent or employee; and
79.30 	(12) personnel of the health professionals services program established under 
79.31 	section 214.31, to the extent that the information relates specifically to an individual who 
79.32 	is currently enrolled in and being monitored by the program. The health professionals 
79.33 	services program personnel shall not provide this data to a health-related licensing board 
79.34 	or the Emergency Medical Services Regulatory Board, except as permitted under section 
79.35 	214.33, subdivision 3. 
80.1 	For purposes of clause (3) (4), access by an individual includes persons in the 
80.2 	definition of an individual under section 13.02.
80.3 	(c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (3), (6), 
80.4 	(7), (9), (10), and (11) may directly accesses access the data electronically,. If the data 
80.5 	is directly accessed electronically, the permissible user shall implement and maintain a 
80.6 	comprehensive information security program that contains administrative, technical, 
80.7 	and physical safeguards that are appropriate to the user's size and complexity, and the 
80.8 	sensitivity of the personal information obtained. The permissible user shall identify 
80.9 	reasonably foreseeable internal and external risks to the security, confidentiality, and 
80.10 	integrity of personal information that could result in the unauthorized disclosure, misuse, 
80.11 	or other compromise of the information and assess the sufficiency of any safeguards in 
80.12 	place to control the risks.
80.13 	(d) The board shall not release data submitted under this sectionsubdivision 4 unless 
80.14 	it is provided with evidence, satisfactory to the board, that the person requesting the 
80.15 	information is entitled to receive the data.
80.16 	(e) The board shall not release the name of a prescriber without the written consent 
80.17 	of the prescriber or a valid search warrant or court order. The board shall provide a 
80.18 	mechanism for a prescriber to submit to the board a signed consent authorizing the release 
80.19 	of the prescriber's name when data containing the prescriber's name is requested.
80.20 	(f) (e) The board shall maintain a log of all persons who access the data for a period 
80.21 	of at least three years and shall ensure that any permissible user complies with paragraph 
80.22 	(c) prior to attaining direct access to the data.
80.23 	(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into 
80.24 	pursuant to subdivision 2. A vendor shall not use data collected under this section for 
80.25 	any purpose not specified in this section.
80.26 	(g) The board may participate in an interstate prescription monitoring program data 
80.27 	exchange system provided that permissible users in other states have access to the data 
80.28 	only as allowed under this section, and that section 13.05, subdivision 6, applies to any 
80.29 	contract or memorandum of understanding that the board enters into under this paragraph.
80.30 	(h) With available appropriations, the commissioner of human services shall 
80.31 	establish and implement a system through which the Department of Human Services shall 
80.32 	routinely access the data for the purpose of determining whether any client enrolled in 
80.33 	an opioid treatment program licensed according to chapter 245A has been prescribed or 
80.34 	dispensed a controlled substance in addition to that administered or dispensed by the 
80.35 	opioid treatment program. When the commissioner determines there have been multiple 
80.36 	prescribers or multiple prescriptions of controlled substances, the commissioner shall:
81.1 	(1) inform the medical director of the opioid treatment program only that the 
81.2 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
81.3 	controlled substances; and
81.4 	(2) direct the medical director of the opioid treatment program to access the data 
81.5 	directly, review the effect of the multiple prescribers or multiple prescriptions, and 
81.6 	document the review.
81.7 	If determined necessary, the commissioner of human services shall seek a federal waiver 
81.8 	of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part 
81.9 	2.34, item (c), prior to implementing this paragraph.
81.10 	(i) The board may provide data submitted under subdivision 4 for public research, 
81.11 	policy, or education purposes, but only after the removal of any information that is likely 
81.12 	to reveal the identity of the patient, prescriber, or dispenser who is the subject of the data.
81.13 	(j) The board shall review the data submitted under subdivision 4 on at least a 
81.14 	quarterly basis and shall establish criteria, in consultation with the advisory task force, 
81.15 	for referring information about a patient to prescribers and dispensers who prescribed or 
81.16 	dispensed the prescriptions in question if the criteria are met.
81.17 		Subd. 7.Disciplinary action. (a) A dispenser who knowingly fails to submit data to 
81.18 	the board as required under this section is subject to disciplinary action by the appropriate 
81.19 	health-related licensing board.
81.20 	(b) A prescriber or dispenser authorized to access the data who knowingly discloses 
81.21 	the data in violation of state or federal laws relating to the privacy of health care data 
81.22 	shall be subject to disciplinary action by the appropriate health-related licensing board, 
81.23 	and appropriate civil penalties.
81.24 		Subd. 8.Evaluation and reporting. (a) The board shall evaluate the prescription 
81.25 	electronic reporting system to determine if the system is negatively impacting appropriate 
81.26 	prescribing practices of controlled substances. The board may contract with a vendor to 
81.27 	design and conduct the evaluation.
81.28 	(b) The board shall submit the evaluation of the system to the legislature by July 
81.29 	15, 2011.
81.30 		Subd. 9.Immunity from liability; no requirement to obtain information. (a) A 
81.31 	pharmacist, prescriber, or other dispenser making a report to the program in good faith 
81.32 	under this section is immune from any civil, criminal, or administrative liability, which 
81.33 	might otherwise be incurred or imposed as a result of the report, or on the basis that the 
81.34 	pharmacist or prescriber did or did not seek or obtain or use information from the program.
81.35 	(b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 
81.36 	to obtain information about a patient from the program, and the pharmacist, prescriber, 
82.1 	or other dispenser, if acting in good faith, is immune from any civil, criminal, or 
82.2 	administrative liability that might otherwise be incurred or imposed for requesting, 
82.3 	receiving, or using information from the program.
82.4 		Subd. 10.Funding. (a) The board may seek grants and private funds from nonprofit 
82.5 	charitable foundations, the federal government, and other sources to fund the enhancement 
82.6 	and ongoing operations of the prescription electronic reporting system monitoring 
82.7 	program established under this section. Any funds received shall be appropriated to the 
82.8 	board for this purpose. The board may not expend funds to enhance the program in a way 
82.9 	that conflicts with this section without seeking approval from the legislature.
82.10 	(b) Notwithstanding any other section, the administrative services unit for the 
82.11 	health-related licensing boards shall apportion between the Board of Medical Practice, the 
82.12 	Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of 
82.13 	Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to 
82.14 	be paid through fees by each respective board. The amount apportioned to each board 
82.15 	shall equal each board's share of the annual appropriation to the Board of Pharmacy 
82.16 	from the state government special revenue fund for operating the prescription electronic 
82.17 	reporting systemmonitoring program under this section. Each board's apportioned share 
82.18 	shall be based on the number of prescribers or dispensers that each board identified in 
82.19 	this paragraph licenses as a percentage of the total number of prescribers and dispensers 
82.20 	licensed collectively by these boards. Each respective board may adjust the fees that the 
82.21 	boards are required to collect to compensate for the amount apportioned to each board by 
82.22 	the administrative services unit.

82.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

82.24 	Sec. 23. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM 
82.25 	DATABASE.
 82.26 	The Board of Pharmacy, in collaboration with the Prescription Monitoring Program 
82.27 	Advisory Task Force, shall study program database and report to the chairs and ranking 
82.28 	minority members of the senate health and human services policy and finance division and 
82.29 	the house of representatives health and human services policy and finance committees by 
82.30 	December 15, 2014, with recommendations on whether or not to (1) require the use of 
82.31 	the prescription monitoring by prescribers when prescribing or considering prescribing, 
82.32 	and pharmacists when dispensing or considering dispensing, a controlled substance as 
82.33 	defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c); and (2) 
82.34 	allow for the use of the prescription monitoring program database to identify potentially 
82.35 	inappropriate prescribing of controlled substances.

83.1 	Sec. 24. APPROPRIATION.
 83.2 	(a) $210,000 in fiscal year 2015 is appropriated from the state government special 
83.3 	revenue fund to the Board of Pharmacy to implement changes to the prescription monitoring 
83.4 	program. The base for this appropriation is $171,000 in fiscal years 2016 and 2017.
83.5 	(b) $5,000 in fiscal year 2015 is appropriated from the state government special 
83.6 	revenue fund to the Board of Pharmacy for costs attributable to the board's cease and 
83.7 	desist authority.