1.1 	A bill for an act
1.2 	relating to health; adding and modifying definitions; changing the requirements 
1.3 	for pharmacist participation in immunizations; changing the powers and duties of 
1.4 	the Board of Pharmacy; changing licensing requirements for businesses regulated 
1.5 	by the Board of Pharmacy; clarifying requirements for compounding; allowing 
1.6 	certain educational institutions to purchase legend drugs in limited circumstances; 
1.7 	allowing certain entities to handle drugs in preparation for emergency use; 
1.8 	clarifying the requirement that drug manufacturers report certain payments to the 
1.9 	Board of Pharmacy; adding certain substances to the schedules for controlled 
1.10 	substances;amending Minnesota Statutes 2012, sections 151.01; 151.06; 
1.11 	151.211; 151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 
1.12 	151.44; 151.58, subdivisions 2, 3, 5; 152.02, subdivision 8b; Minnesota Statutes 
1.13 	2013 Supplement, sections 151.252, by adding a subdivision; 152.02, subdivision 
1.14 	2; proposing coding for new law in Minnesota Statutes, chapter 151.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
1.17 	151.01 DEFINITIONS.
1.18 		Subdivision 1.Words, terms, and phrases. Unless the language or context clearly 
1.19 	indicates that a different meaning is intended, the following words, terms, and phrases, for 
1.20 	the purposes of this chapter, shall be given the meanings subjoined to them.
1.21 		Subd. 2.Pharmacy. "Pharmacy" means an established a place of business in 
1.22 	which prescriptions,prescription drugs, medicines, chemicals, and poisons are prepared, 
1.23 	compounded, or dispensed, vended, or sold to or for the use of patients by or under 
1.24 	the supervision of a pharmacist and from which related clinical pharmacy services are 
1.25 	delivered.
1.26 		Subd. 2a.Limited service pharmacy. "Limited service pharmacy" means a 
1.27 	pharmacy that has been issued a restricted license by the board to perform a limited range 
1.28 	of the activities that constitute the practice of pharmacy.
2.1 		Subd. 3.Pharmacist. The term "pharmacist" means an individual with a currently 
2.2 	valid license issued by the Board of Pharmacy to practice pharmacy.
2.3 		Subd. 5.Drug. The term "drug" means all medicinal substances and preparations 
2.4 	recognized by the United States Pharmacopoeia and National Formulary, or any revision 
2.5 	thereof, vaccines and biologicals, and all substances and preparations intended for external 
2.6 	and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in 
2.7 	humans or other animals, and all substances and preparations, other than food, intended to 
2.8 	affect the structure or any function of the bodies of humans or other animals. The term drug 
2.9 	shall also mean any compound, substance, or derivative that is not approved for human 
2.10 	consumption by the United States Food and Drug Administration or specifically permitted 
2.11 	for human consumption under Minnesota law that, when introduced into the body, induces 
2.12 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
2.13 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
2.14 	regardless of whether the substance is marketed for the purpose of human consumption.
2.15 		Subd. 6.Medicine. The term "medicine" means any remedial agent that has the 
2.16 	property of curing, preventing, treating, or mitigating diseases, or that is used for that 
2.17 	purpose.
2.18 		Subd. 7.Poisons. The term "poisons" means any substance which that, when 
2.19 	introduced into the system, directly or by absorption, produces violent, morbid, or fatal 
2.20 	changes, or which that destroys living tissue with which it comes in contact.
2.21 		Subd. 8.Chemical. The term "chemical" means all medicinal or industrial 
2.22 	substances, whether simple or compound, or obtained through the process of the science 
2.23 	and art of chemistry, whether of organic or inorganic origin.
2.24 		Subd. 9.Board or State Board of Pharmacy. The term "board" or "State Board of 
2.25 	Pharmacy" means the Minnesota State Board of Pharmacy.
2.26 		Subd. 10.Director. The term "director" means the executive director of the 
2.27 	Minnesota State Board of Pharmacy.
2.28 		Subd. 11.Person. The term "person" means an individual, firm, partnership, 
2.29 	company, corporation, trustee, association, agency, or other public or private entity.
2.30 		Subd. 12.Wholesale. The term "wholesale" means and includes any sale for the 
2.31 	purpose of resale.
2.32 		Subd. 13.Commercial purposes. The phrase "commercial purposes" means the 
2.33 	ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices 
2.34 	of medicine and, pharmacy, and other health care professions.
2.35 		Subd. 14.Manufacturing. The term "manufacturing" except in the case of bulk 
2.36 	compounding, prepackaging or extemporaneous compounding within a pharmacy, means 
3.1 	and includes the production, quality control and standardization by mechanical, physical, 
3.2 	chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, 
3.3 	relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons, 
3.4 	without exception, for medicinal purposes. preparation, propagation, conversion, or 
3.5 	processing of a drug, either directly or indirectly, by extraction from substances of natural 
3.6 	origin or independently by means of chemical or biological synthesis. Manufacturing 
3.7 	includes the packaging or repackaging of a drug, or the labeling or relabeling of 
3.8 	the container of a drug, for resale by pharmacies, practitioners, or other persons. 
3.9 	Manufacturing does not include the prepackaging, extemporaneous compounding, or 
3.10 	anticipatory compounding of a drug within a licensed pharmacy or by a practitioner, 
3.11 	nor the labeling of a container within a pharmacy or by a practitioner for the purpose of 
3.12 	dispensing a drug to a patient pursuant to a valid prescription.
3.13 		Subd. 14a.Manufacturer. The term "manufacturer" means any person engaged 
3.14 	in manufacturing.
3.15 		Subd. 14b.Outsourcing facility. "Outsourcing facility" means a facility that is 
3.16 	registered by the United States Food and Drug Administration pursuant to United States 
3.17 	Code, title 21, section 353b.
3.18 		Subd. 15.Pharmacist intern. The term "pharmacist intern" means (1) a natural 
3.19 	person satisfactorily progressing toward the degree in pharmacy required for licensure, or 
3.20 	(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy 
3.21 	college approved by the board, who is registered by the State Board of Pharmacy for the 
3.22 	purpose of obtaining practical experience as a requirement for licensure as a pharmacist, 
3.23 	or (3) a qualified applicant awaiting examination for licensure.
3.24 		Subd. 15a.Pharmacy technician. The term "pharmacy technician" means a person 
3.25 	not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the 
3.26 	preparation and dispensing of medications by performing computer entry of prescription 
3.27 	data and other manipulative tasks. A pharmacy technician shall not perform tasks 
3.28 	specifically reserved to a licensed pharmacist or requiring professional judgment.
3.29 		Subd. 16.Prescription drug order. The term "prescription drug order" means a 
3.30 	signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
3.31 	 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's 
3.32 	practice, issued for an individual patient and containing the following: the date of issue, 
3.33 	name and address of the patient, name and quantity of the drug prescribed, directions 
3.34 	for use, and the name and address of the prescriber. for a drug for a specific patient. 
3.35 	Prescription drug orders for controlled substances must be prepared in accordance with the 
4.1 	provisions of section 152.11 and the federal Controlled Substances Act and the regulations 
4.2 	promulgated thereunder.
4.3 		Subd. 16a.Prescription. The term "prescription" means a prescription drug order 
4.4 	that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an 
4.5 	electronic order. To be valid, a prescription must be issued for an individual patient by 
4.6 	a practitioner within the scope and usual course of the practitioner's practice, and must 
4.7 	contain the date of issue, name and address of the patient, name and quantity of the drug 
4.8 	prescribed, directions for use, the name and address of the practitioner, and a telephone 
4.9 	number at which the practitioner can be reached. A prescription written or printed on 
4.10 	paper that is given to the patient or an agent of the patient or that is transmitted by fax 
4.11 	must contain the practitioner's manual signature. An electronic prescription must contain 
4.12 	the practitioner's electronic signature.
4.13 		Subd. 16b.Chart order. The term "chart order" means a prescription drug order for 
4.14 	a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct 
4.15 	supervision of a pharmacist, and administered by an authorized person only during the 
4.16 	patient's stay in a hospital or long-term care facility. The chart order shall contain the name 
4.17 	of the patient, another patient identifier such as birth date or medical record number, the 
4.18 	drug ordered, and any directions that the practitioner may prescribe concerning strength, 
4.19 	dosage, frequency, and route of administration. The manual or electronic signature of the 
4.20 	practitioner must be affixed to the chart order at the time it is written or at a later date in 
4.21 	the case of verbal chart orders.
4.22 		Subd. 17.Legend drug. "Legend drug" means a drug whichthat is required by 
4.23 	federal law to bear the following statement, "Caution: Federal law prohibits dispensing 
4.24 	without prescription." be dispensed only pursuant to the prescription of a licensed 
4.25 	practitioner.
4.26 		Subd. 18.Label. "Label" means a display of written, printed, or graphic matter 
4.27 	upon the immediate container of any drug or medicine; and a requirement made by or 
4.28 	under authority of Laws 1969, chapter 933 that. Any word, statement, or other information 
4.29 	appearing required by or under the authority of this chapter to appear on the label shall not 
4.30 	be considered to be complied with unless such word, statement, or other information also 
4.31 	appears appear on the outside container or wrapper, if any there be, of the retail package of 
4.32 	such drug or medicine, or is be easily legible through the outside container or wrapper.
4.33 		Subd. 19.Package. "Package" means any container or wrapping in which any 
4.34 	drug or medicine is enclosed for use in the delivery or display of that article to retail 
4.35 	purchasers, but does not include:
5.1 	(a) shipping containers or wrappings used solely for the transportation of any such 
5.2 	article in bulk or in quantity to manufacturers, packers, processors, or wholesale or 
5.3 	retail distributors;
5.4 	(b) shipping containers or outer wrappings used by retailers to ship or deliver any 
5.5 	such article to retail customers if such containers and wrappings bear no printed matter 
5.6 	pertaining to any particular drug or medicine.
5.7 		Subd. 20.Labeling. "Labeling" means all labels and other written, printed, or 
5.8 	graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b) 
5.9 	accompanying such article.
5.10 		Subd. 21.Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic 
5.11 	Act, United States Code, title 21, section 301, et seq., as amended.
5.12 		Subd. 22.Pharmacist in charge. "Pharmacist in charge" means a duly licensed 
5.13 	pharmacist in the state of Minnesota who has been designated in accordance with the rules 
5.14 	of the State Board of Pharmacy to assume professional responsibility for the operation 
5.15 	of the pharmacy in compliance with the requirements and duties as established by the 
5.16 	board in its rules.
5.17 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
5.18 	doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry, 
5.19 	licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of 
5.20 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraphs 
5.21 	(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to 
5.22 	prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse 
5.23 	authorized to prescribe, dispense, and administer under section 148.235. For purposes of 
5.24 	sections 151.15, subdivision 4; 151.252, subdivision 3;151.37, subdivision 2, paragraph 
5.25 	(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and 
5.26 	administer under chapter 150A.
5.27 		Subd. 24.Brand name. "Brand name" means the registered trademark name given 
5.28 	to a drug product by its manufacturer, labeler or distributor.
5.29 		Subd. 25.Generic name. "Generic name" means the established name or official 
5.30 	name of a drug or drug product.
5.31 		Subd. 26.Finished dosage form. "Finished dosage form" means that form of a 
5.32 	drug which that is or is intended to be dispensed or administered to the patient and requires 
5.33 	no further manufacturing or processing other than packaging, reconstitution, or labeling.
5.34 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
5.35 	(1) interpretation and evaluation of prescription drug orders;
6.1 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by 
6.2 	a manufacturer or packager of nonprescription drugs or commercially packaged legend 
6.3 	drugs and devices);
6.4 	(3) participation in clinical interpretations and monitoring of drug therapy for 
6.5 	assurance of safe and effective use of drugs, including the performance of laboratory tests 
6.6 	that are waived under the federal Clinical Laboratory Improvement Act of 1988, United 
6.7 	States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the 
6.8 	results of laboratory tests but may modify drug therapy only pursuant to a protocol or 
6.9 	collaborative practice agreement;
6.10 	(4) participation in drug and therapeutic device selection; drug administration for first 
6.11 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
6.12 	(5) participation in administration of influenza vaccines to all eligible individuals ten 
6.13 	years of age and older and all other vaccines to patients 18 years of age and older under 
6.14 	standing orders from a physician licensed under chapter 147 or by written protocol with a 
6.15 	physician licensed under chapter 147, a physician assistant authorized to prescribe drugs 
6.16 	under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under 
6.17 	section 148.235, provided that:
6.18 	(i) the protocol includes, at a minimum:
6.19 	(A) the name, dose, and route of each vaccine that may be given;
6.20 	(B) the patient population for whom the vaccine may be given;
6.21 	(C) contraindications and precautions to the vaccine;
6.22 	(D) the procedure for handling an adverse reaction;
6.23 	(E) the name, signature, and address of the physician, physician assistant, or 
6.24 	advanced nurse practitioner;
6.25 	(F) a telephone number at which the physician, physician assistant, or advanced 
6.26 	nurse practitioner can be contacted; and
6.27 	(G) the date and time period for which the protocol is valid;
6.28 	(i) (ii) the pharmacist is trained in has successfully completed a program approved 
6.29 	by the American Accreditation Council of Pharmaceutical for Pharmacy Education 
6.30 	specifically for the administration of immunizations or graduated from a college of 
6.31 	pharmacy in 2001 or thereafter a program approved by the board; and
6.32 	(ii) (iii) the pharmacist reports the administration of the immunization to the patient's 
6.33 	primary physician or clinic or to the Minnesota Immunization Information Connection; and
6.34 	(iv) the pharmacist complies with guidelines for vaccines and immunizations 
6.35 	established by the federal Advisory Committee on Immunization Practices, except that a 
6.36 	pharmacist does not need to comply with those portions of the guidelines that establish 
7.1 	immunization schedules when administering a vaccine pursuant to a valid, patient-specific 
7.2 	order issued by a physician licensed under chapter 147, a physician assistant authorized to 
7.3 	prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe 
7.4 	drugs under section 148.235, provided that the order is consistent with the United States 
7.5 	Food and Drug Administration approved labeling of the vaccine;
7.6 	(6) participation in the practice of managing drug therapy and modifying initiation, 
7.7 	management, modification, and discontinuation of drug therapy, according to section 
7.8 	151.21, subdivision 1, according to a written protocol or collaborative practice agreement 
7.9 	between the specific pharmacist: (i) one or more pharmacists and the individual dentist, 
7.10 	optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's 
7.11 	care and authorized to independently prescribe drugs one or more dentists, optometrists, 
7.12 	physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more 
7.13 	physician assistants authorized to prescribe, dispense, and administer under chapter 147A, 
7.14 	or advanced practice nurses authorized to prescribe, dispense, and administer under 
7.15 	section 148.235. Any significant changes in drug therapy made pursuant to a protocol or 
7.16 	collaborative practice agreement must be reported documented by the pharmacist to in
7.17 	 the patient's medical record or reported by the pharmacist to a practitioner responsible 
7.18 	for the patient's care;
7.19 	(7) participation in the storage of drugs and the maintenance of records;
7.20 	(8) responsibility for participation in patient counseling on therapeutic values, 
7.21 	content, hazards, and uses of drugs and devices; and
7.22 	(9) offering or performing those acts, services, operations, or transactions necessary 
7.23 	in the conduct, operation, management, and control of a pharmacy.
7.24 		Subd. 27a.Protocol. "Protocol" means:
7.25 	(1) a specific written plan that describes the nature and scope of activities that a 
7.26 	pharmacist may engage in when initiating, managing, modifying, or discontinuing drug 
7.27 	therapy as allowed in subdivision 27, clause (6); or
7.28 	(2) a specific written plan that authorizes a pharmacist to administer vaccines and 
7.29 	that complies with subdivision 27, clause (5).
7.30 		Subd. 27b.Collaborative practice. "Collaborative practice" means patient care 
7.31 	activities, consistent with subdivision 27, engaged in by one or more pharmacists who 
7.32 	have agreed to work in collaboration with one or more practitioners to initiate, manage, 
7.33 	and modify drug therapy under specified conditions mutually agreed to by the pharmacists 
7.34 	and practitioners.
8.1 		Subd. 27c.Collaborative practice agreement. "Collaborative practice agreement" 
8.2 	means a written and signed agreement between one or more pharmacists and one or more 
8.3 	practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
8.4 		Subd. 28.Veterinary legend drug. "Veterinary legend drug" means a drug that is 
8.5 	required by federal law to bear the following statement: "Caution: Federal law restricts 
8.6 	this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant 
8.7 	to the prescription of a licensed veterinarian.
8.8 		Subd. 29.Legend medical gas. "Legend medical gas" means a liquid or gaseous 
8.9 	substance used for medical purposes and that is required by federal law to bear the 
8.10 	following statement: "Caution: Federal law prohibits dispensing without a prescription."
8.11 	 be dispensed only pursuant to the prescription of a licensed practitioner.
8.12 		Subd. 30.Dispense or dispensing. "Dispense or dispensing" means the preparation 
8.13 	or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container 
8.14 	appropriately labeled for subsequent administration to or use by a patient or other individual 
8.15 	entitled to receive the drug. interpretation, evaluation, and processing of a prescription 
8.16 	drug order and includes those processes specified by the board in rule that are necessary 
8.17 	for the preparation and provision of a drug to a patient or patient's agent in a suitable 
8.18 	container appropriately labeled for subsequent administration to, or use by, a patient.
8.19 		Subd. 31.Central service pharmacy. "Central service pharmacy" means a 
8.20 	pharmacy that may provide dispensing functions, drug utilization review, packaging, 
8.21 	labeling, or delivery of a prescription product to another pharmacy for the purpose of 
8.22 	filling a prescription.
8.23 		Subd. 32.Electronic signature. "Electronic signature" means an electronic sound, 
8.24 	symbol, or process attached to or associated with a record and executed or adopted by a 
8.25 	person with the intent to sign the record.
8.26 		Subd. 33.Electronic transmission. "Electronic transmission" means transmission 
8.27 	of information in electronic form.
8.28 		Subd. 34.Health professional shortage area. "Health professional shortage area" 
8.29 	means an area designated as such by the federal Secretary of Health and Human Services, 
8.30 	as provided under Code of Federal Regulations, title 42, part 5, and United States Code, 
8.31 	title 42, section 254E.
8.32 		Subd. 35.Compounding. "Compounding" means preparing, mixing, assembling, 
8.33 	packaging, and labeling a drug for an identified individual patient as a result of 
8.34 	a practitioner's prescription drug order. Compounding also includes anticipatory 
8.35 	compounding, as defined in this section, and the preparation of drugs in which all bulk 
8.36 	drug substances and components are nonprescription substances. Compounding does 
9.1 	not include mixing or reconstituting a drug according to the product's labeling or to the 
9.2 	manufacturer's directions. Compounding does not include the preparation of a drug for the 
9.3 	purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug 
9.4 	is not prepared for dispensing or administration to patients. All compounding, regardless 
9.5 	of the type of product, must be done pursuant to a prescription drug order unless otherwise 
9.6 	permitted in this chapter or by the rules of the board.
9.7 		Subd. 36.Anticipatory compounding. "Anticipatory compounding" means the 
9.8 	preparation by a pharmacy of a supply of a compounded drug product that is sufficient to 
9.9 	meet the short-term anticipated need of the pharmacy for the filling of prescription drug 
9.10 	orders. In the case of practitioners only, anticipatory compounding means the preparation 
9.11 	of a supply of a compounded drug product that is sufficient to meet the practitioner's 
9.12 	short-term anticipated need for dispensing or administering the drug to patients treated 
9.13 	by the practitioner. Anticipatory compounding is not the preparation of a compounded 
9.14 	drug product for wholesale distribution.
9.15 		Subd. 37.Extemporaneous compounding. "Extemporaneous compounding" 
9.16 	means the compounding of a drug product pursuant to a prescription drug order for a specific 
9.17 	patient that is issued in advance of the compounding. Extemporaneous compounding is 
9.18 	not the preparation of a compounded drug product for wholesale distribution.
9.19 		Subd. 38.Compounded positron emission tomography drug. "Compounded 
9.20 	positron emission tomography drug" means a drug that:
9.21 	(1) exhibits spontaneous disintegration of unstable nuclei by the emission of 
9.22 	positrons and is used for the purpose of providing dual photon positron emission 
9.23 	tomographic diagnostic images;
9.24 	(2) has been compounded by or on the order of a practitioner in accordance with the 
9.25 	relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research, 
9.26 	teaching, or quality control; and
9.27 	(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator, 
9.28 	accelerator, target material, electronic synthesizer, or other apparatus or computer program 
9.29 	to be used in the preparation of such a drug.

9.30 	Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
9.31 	151.06 POWERS AND DUTIES.
9.32 		Subdivision 1.Generally; rules. (a) Powers and duties. The Board of Pharmacy 
9.33 	shall have the power and it shall be its duty:
9.34 	(1) to regulate the practice of pharmacy;
9.35 	(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
10.1 	(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines 
10.2 	dispensed in this state, using the United States Pharmacopeia and the National Formulary, 
10.3 	or any revisions thereof, or standards adopted under the federal act as the standard;
10.4 	(4) to enter and inspect by its authorized representative any and all places where 
10.5 	drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given 
10.6 	away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples 
10.7 	or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices 
10.8 	after paying or offering to pay for such sample; it shall be entitled to inspect and make 
10.9 	copies of any and all records of shipment, purchase, manufacture, quality control, and 
10.10 	sale of these items provided, however, that such inspection shall not extend to financial 
10.11 	data, sales data, or pricing data;
10.12 	(5) to examine and license as pharmacists all applicants whom it shall deem qualified 
10.13 	to be such;
10.14 	(6) to license wholesale drug distributors;
10.15 	(7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any 
10.16 	registration or license required under this chapter, to any applicant or registrant or licensee
10.17 	 upon any of the following grounds: listed in section 151.071, and in accordance with 
10.18 	the provisions of section 151.071;
10.19 	(i) fraud or deception in connection with the securing of such license or registration;
10.20 	(ii) in the case of a pharmacist, conviction in any court of a felony;
10.21 	(iii) in the case of a pharmacist, conviction in any court of an offense involving 
10.22 	moral turpitude;
10.23 	(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; 
10.24 	or habitual indulgence in intoxicating liquors in a manner which could cause conduct 
10.25 	endangering public health;
10.26 	(v) unprofessional conduct or conduct endangering public health;
10.27 	(vi) gross immorality;
10.28 	(vii) employing, assisting, or enabling in any manner an unlicensed person to 
10.29 	practice pharmacy;
10.30 	(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
10.31 	(ix) violation of any of the provisions of this chapter or any of the rules of the State 
10.32 	Board of Pharmacy;
10.33 	(x) in the case of a pharmacy license, operation of such pharmacy without a 
10.34 	pharmacist present and on duty;
10.35 	(xi) in the case of a pharmacist, physical or mental disability which could cause 
10.36 	incompetency in the practice of pharmacy;
11.1 	(xii) in the case of a pharmacist, the suspension or revocation of a license to practice 
11.2 	pharmacy in another state; or
11.3 	(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in 
11.4 	violation of section 609.215 as established by any of the following:
11.5 	(A) a copy of the record of criminal conviction or plea of guilty for a felony in 
11.6 	violation of section 609.215, subdivision 1 or 2;
11.7 	(B) a copy of the record of a judgment of contempt of court for violating an 
11.8 	injunction issued under section 609.215, subdivision 4;
11.9 	(C) a copy of the record of a judgment assessing damages under section 609.215, 
11.10 	subdivision 5; or
11.11 	(D) a finding by the board that the person violated section 609.215, subdivision 
11.12 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
11.13 	subdivision 1 or 2;
11.14 	(8) to employ necessary assistants and adopt rules for the conduct of its business;
11.15 	(9) to register as pharmacy technicians all applicants who the board determines are 
11.16 	qualified to carry out the duties of a pharmacy technician; and
11.17 	(10) to perform such other duties and exercise such other powers as the provisions of 
11.18 	the act may require.; and
11.19 	(11) to enter and inspect any business to which it issues a license or registration.
11.20 	(b) Temporary suspension. In addition to any other remedy provided by law, the board 
11.21 	may, without a hearing, temporarily suspend a license for not more than 60 days if the board 
11.22 	finds that a pharmacist has violated a statute or rule that the board is empowered to enforce 
11.23 	and continued practice by the pharmacist would create an imminent risk of harm to others. 
11.24 	The suspension shall take effect upon written notice to the pharmacist, specifying the 
11.25 	statute or rule violated. At the time it issues the suspension notice, the board shall schedule 
11.26 	a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist 
11.27 	shall be provided with at least 20 days' notice of any hearing held under this subdivision.
11.28 	(c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make 
11.29 	and publish uniform rules not inconsistent herewith for carrying out and enforcing 
11.30 	the provisions of this chapter. The board shall adopt rules regarding prospective drug 
11.31 	utilization review and patient counseling by pharmacists. A pharmacist in the exercise of 
11.32 	the pharmacist's professional judgment, upon the presentation of a new prescription by a 
11.33 	patient or the patient's caregiver or agent, shall perform the prospective drug utilization 
11.34 	review required by rules issued under this subdivision.
11.35 	(d) (c) Substitution; rules. If the United States Food and Drug Administration 
11.36 	(FDA) determines that the substitution of drugs used for the treatment of epilepsy or 
12.1 	seizures poses a health risk to patients, the board shall adopt rules in accordance with 
12.2 	accompanying FDA interchangeability standards regarding the use of substitution for 
12.3 	these drugs. If the board adopts a rule regarding the substitution of drugs used for the 
12.4 	treatment of epilepsy or seizures that conflicts with the substitution requirements of 
12.5 	section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule 
12.6 	proposed by the board would increase state costs for state public health care programs, 
12.7 	the board shall report to the chairs and ranking minority members of the senate Health 
12.8 	and Human Services Budget Division and the house of representatives Health Care and 
12.9 	Human Services Finance Division the proposed rule and the increased cost associated 
12.10 	with the proposed rule before the board may adopt the rule.
12.11 		Subd. 1a.Disciplinary action Cease and desist orders. It shall be grounds for 
12.12 	disciplinary action by the Board of Pharmacy against the registration of the pharmacy if 
12.13 	the Board of Pharmacy determines that any person with supervisory responsibilities at the 
12.14 	pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization 
12.15 	review and patient counseling as required by rules adopted under subdivision 1. The 
12.16 	Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions 
12.17 	taken under this section. (a) Whenever it appears to the board that a person has engaged in 
12.18 	an act or practice constituting a violation of a law, rule, or other order related to the duties 
12.19 	and responsibilities entrusted to the board, the board may issue and cause to be served 
12.20 	upon the person an order requiring the person to cease and desist from violations.
12.21 	(b) The cease and desist order must state the reasons for the issuance of the order 
12.22 	and must give reasonable notice of the rights of the person to request a hearing before 
12.23 	an administrative law judge. A hearing must be held not later than ten days after the 
12.24 	request for the hearing is received by the board. After the completion of the hearing, 
12.25 	the administrative law judge shall issue a report within ten days. Within 15 days after 
12.26 	receiving the report of the administrative law judge, the board shall issue a further order 
12.27 	vacating or making permanent the cease and desist order. The time periods provided in 
12.28 	this provision may be waived by agreement of the executive director of the board and the 
12.29 	person against whom the cease and desist order was issued. If the person to whom a cease 
12.30 	and desist order is issued fails to appear at the hearing after being duly notified, the person 
12.31 	is in default, and the proceeding may be determined against that person upon consideration 
12.32 	of the cease and desist order, the allegations of which may be considered to be true. Unless 
12.33 	otherwise provided, all hearings must be conducted according to chapter 14. The board 
12.34 	may adopt rules of procedure concerning all proceedings conducted under this subdivision.
12.35 	(c) If no hearing is requested within 30 days of service of the order, the cease and 
12.36 	desist order will become permanent.
13.1 	(d) A cease and desist order issued under this subdivision remains in effect until 
13.2 	it is modified or vacated by the board. The administrative proceeding provided by this 
13.3 	subdivision, and subsequent appellate judicial review of that administrative proceeding, 
13.4 	constitutes the exclusive remedy for determining whether the board properly issued the 
13.5 	cease and desist order and whether the cease and desist order should be vacated or made 
13.6 	permanent.
13.7 		Subd. 1b.Enforcement of violations of cease and desist orders. (a) Whenever 
13.8 	the board under subdivision 1a seeks to enforce compliance with a cease and desist 
13.9 	order that has been made permanent, the allegations of the cease and desist order are 
13.10 	considered conclusively established for purposes of proceeding under subdivision 1a for 
13.11 	permanent or temporary relief to enforce the cease and desist order. Whenever the board 
13.12 	under subdivision 1a seeks to enforce compliance with a cease and desist order when a 
13.13 	hearing or hearing request on the cease and desist order is pending, or the time has not 
13.14 	yet expired to request a hearing on whether a cease and desist order should be vacated or 
13.15 	made permanent, the allegations in the cease and desist order are considered conclusively 
13.16 	established for the purposes of proceeding under subdivision 1a for temporary relief to 
13.17 	enforce the cease and desist order.
13.18 	(b) Notwithstanding this subdivision or subdivision 1a, the person against whom 
13.19 	the cease and desist order is issued and who has requested a hearing under subdivision 1a 
13.20 	may, within 15 days after service of the cease and desist order, bring an action in Ramsey 
13.21 	County District Court for issuance of an injunction to suspend enforcement of the cease 
13.22 	and desist order pending a final decision of the board under subdivision 1a to vacate or 
13.23 	make permanent the cease and desist order. The court shall determine whether to issue 
13.24 	such an injunction based on traditional principles of temporary relief.
13.25 		Subd. 2.Application. In the case of a facility licensed or registered by the board, 
13.26 	the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and 
13.27 	shall also apply to the following:
13.28 	(1) In the case of a partnership, each partner thereof;
13.29 	(2) In the case of an association, each member thereof;
13.30 	(3) In the case of a corporation, each officer or director thereof and each shareholder 
13.31 	owning 30 percent or more of the voting stock of such corporation.
13.32 		Subd. 3.Application of Administrative Procedure Act. The board shall comply 
13.33 	with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any 
13.34 	license or registration issued under this chapter.
13.35 		Subd. 4.Reinstatement. Any license or registration which has been suspended 
13.36 	or revoked may be reinstated by the board provided the holder thereof shall pay all costs 
14.1 	of the proceedings resulting in the suspension or revocation, and, in addition thereto, 
14.2 	pay a fee set by the board.
14.3 		Subd. 5.Costs; penalties. The board may impose a civil penalty not exceeding 
14.4 	$10,000 for each separate violation, the amount of the civil penalty to be fixed so as 
14.5 	to deprive a licensee or registrant of any economic advantage gained by reason of 
14.6 	the violation, to discourage similar violations by the licensee or registrant or any other 
14.7 	licensee or registrant, or to reimburse the board for the cost of the investigation and 
14.8 	proceeding, including, but not limited to, fees paid for services provided by the Office of 
14.9 	Administrative Hearings, legal and investigative services provided by the Office of the 
14.10 	Attorney General, court reporters, witnesses, reproduction of records, board members' 
14.11 	per diem compensation, board staff time, and travel costs and expenses incurred by board 
14.12 	staff and board members.

14.13 	Sec. 3. [151.071] DISCIPLINARY ACTION.
14.14 		Subdivision 1.Forms of disciplinary action. When the board finds that a licensee, 
14.15 	registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may 
14.16 	do one or more of the following:
14.17 	(1) deny the issuance of a license or registration;
14.18 	(2) refuse to renew a license or registration;
14.19 	(3) revoke the license or registration;
14.20 	(4) suspend the license or registration;
14.21 	(5) impose limitations, conditions, or both on the license or registration, including 
14.22 	but not limited to: the limitation of practice designated settings; the imposition of 
14.23 	retraining or rehabilitation requirements; the requirement of practice under supervision; 
14.24 	the requirement of participation in a diversion program such as that established pursuant to 
14.25 	section 214.31 or the conditioning of continued practice on demonstration of knowledge 
14.26 	or skills by appropriate examination or other review of skill and competence;
14.27 	(6) impose a civil penalty not exceeding $10,000 for each separate violation, the 
14.28 	amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any 
14.29 	economic advantage gained by reason of the violation, to discourage similar violations 
14.30 	by the licensee or registrant or any other licensee or registrant, or to reimburse the board 
14.31 	for the cost of the investigation and proceeding, including but not limited to, fees paid 
14.32 	for services provided by the Office of Administrative Hearings, legal and investigative 
14.33 	services provided by the Office of the Attorney General, court reporters, witnesses, 
14.34 	reproduction of records, board members' per diem compensation, board staff time, and 
14.35 	travel costs and expenses incurred by board staff and board members; and
15.1 	(7) reprimand the licensee or registrant.
15.2 		Subd. 2.Grounds for disciplinary action. The following conduct is prohibited and 
15.3 	is grounds for disciplinary action:
15.4 	(1) failure to demonstrate the qualifications or satisfy the requirements for a license 
15.5 	or registration contained in this chapter or the rules of the board. The burden of proof is on 
15.6 	the applicant to demonstrate such qualifications or satisfaction of such requirements;
15.7 	(2) obtaining a license by fraud or by misleading the board in any way during 
15.8 	the application process or obtaining a license by cheating, or attempting to subvert 
15.9 	the licensing examination process. Conduct that subverts or attempts to subvert the 
15.10 	licensing examination process includes, but is not limited to: (i) conduct that violates the 
15.11 	security of the examination materials, such as removing examination materials from the 
15.12 	examination room or having unauthorized possession of any portion of a future, current, 
15.13 	or previously administered licensing examination; (ii) conduct that violates the standard of 
15.14 	test administration, such as communicating with another examinee during administration 
15.15 	of the examination, copying another examinee's answers, permitting another examinee 
15.16 	to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an 
15.17 	examinee or permitting an impersonator to take the examination on one's own behalf;
15.18 	(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a 
15.19 	pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist 
15.20 	intern registration, conviction of a felony reasonably related to the practice of pharmacy. 
15.21 	Conviction as used in this subdivision includes a conviction of an offense that if committed 
15.22 	in this state would be deemed a felony without regard to its designation elsewhere, or 
15.23 	a criminal proceeding where a finding or verdict of guilt is made or returned but the 
15.24 	adjudication of guilt is either withheld or not entered thereon. The board may delay the 
15.25 	issuance of a new license or registration if the applicant has been charged with a felony 
15.26 	until the matter has been adjudicated;
15.27 	(4) for a facility, other than a pharmacy, licensed or registered by the board, if an 
15.28 	owner or applicant is convicted of a felony reasonably related to the operation of the 
15.29 	facility. The board may delay the issuance of a new license or registration if the owner or 
15.30 	applicant has been charged with a felony until the matter has been adjudicated;
15.31 	(5) for a controlled substance researcher, conviction of a felony reasonably related 
15.32 	to controlled substances or to the practice of the researcher's profession. The board may 
15.33 	delay the issuance of a registration if the applicant has been charged with a felony until 
15.34 	the matter has been adjudicated;
15.35 	(6) disciplinary action taken by another state or by one of this state's health licensing 
15.36 	agencies:
16.1 	(i) revocation, suspension, restriction, limitation, or other disciplinary action against 
16.2 	a license or registration in another state or jurisdiction, failure to report to the board that 
16.3 	charges or allegations regarding the person's license or registration have been brought in 
16.4 	another state or jurisdiction, or having been refused a license or registration by any other 
16.5 	state or jurisdiction. The board may delay the issuance of a new license or registration if 
16.6 	an investigation or disciplinary action is pending in another state or jurisdiction until the 
16.7 	investigation or action has been dismissed or otherwise resolved; and
16.8 	(ii) revocation, suspension, restriction, limitation, or other disciplinary action against 
16.9 	a license or registration issued by another of this state's health licensing agencies, failure 
16.10 	to report to the board that charges regarding the person's license or registration have been 
16.11 	brought by another of this state's health licensing agencies, or having been refused a 
16.12 	license or registration by another of this state's health licensing agencies. The board may 
16.13 	delay the issuance of a new license or registration if a disciplinary action is pending before 
16.14 	another of this state's health licensing agencies until the action has been dismissed or 
16.15 	otherwise resolved;
16.16 	(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation 
16.17 	of any order of the board, of any of the provisions of this chapter or any rules of the 
16.18 	board or violation of any federal, state, or local law or rule reasonably pertaining to the 
16.19 	practice of pharmacy;
16.20 	(8) for a facility, other than a pharmacy, licensed by the board, violations of any 
16.21 	order of the board, of any of the provisions of this chapter or the rules of the board or 
16.22 	violation of any federal, state, or local law relating to the operation of the facility;
16.23 	(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm 
16.24 	the public, or demonstrating a willful or careless disregard for the health, welfare, or safety 
16.25 	of a patient; or pharmacy practice that is professionally incompetent, in that it may create 
16.26 	unnecessary danger to any patient's life, health, or safety, in any of which cases, proof 
16.27 	of actual injury need not be established;
16.28 	(10) aiding or abetting an unlicensed person in the practice of pharmacy, except 
16.29 	that it is not a violation of this clause for a pharmacist to supervise a properly registered 
16.30 	pharmacy technician or pharmacist intern if that person is performing duties allowed 
16.31 	by this chapter or the rules of the board;
16.32 	(11) for an individual licensed or registered by the board, adjudication as mentally ill 
16.33 	or developmentally disabled, or as a chemically dependent person, a person dangerous 
16.34 	to the public, a sexually dangerous person, or a person who has a sexual psychopathic 
16.35 	personality, by a court of competent jurisdiction, within or without this state. Such 
17.1 	adjudication shall automatically suspend a license for the duration thereof unless the 
17.2 	board orders otherwise;
17.3 	(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as 
17.4 	specified in the board's rules. In the case of a pharmacy technician, engaging in conduct 
17.5 	specified in board rules that would be unprofessional if it were engaged in by a pharmacist 
17.6 	or pharmacist intern or performing duties specifically reserved for pharmacists under this 
17.7 	chapter or the rules of the board;
17.8 	(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on 
17.9 	duty except as allowed by a variance approved by the board;
17.10 	(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and 
17.11 	safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or 
17.12 	any other type of material or as a result of any mental or physical condition, including 
17.13 	deterioration through the aging process or loss of motor skills. In the case of registered 
17.14 	pharmacy technicians, pharmacist interns, or controlled substance researchers, the 
17.15 	inability to carry out duties allowed under this chapter or the rules of the board with 
17.16 	reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, 
17.17 	narcotics, chemicals, or any other type of material or as a result of any mental or physical 
17.18 	condition, including deterioration through the aging process or loss of motor skills;
17.19 	(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical 
17.20 	gas distributor, or controlled substance researcher, revealing a privileged communication 
17.21 	from or relating to a patient except when otherwise required or permitted by law;
17.22 	(16) for a pharmacist or pharmacy, improper management of patient records, 
17.23 	including failure to maintain adequate patient records, to comply with a patient's request 
17.24 	made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report 
17.25 	required by law;
17.26 	(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, 
17.27 	kickback, or other form of remuneration, directly or indirectly, for the referral of patients 
17.28 	or the dispensing of drugs or devices;
17.29 	(18) engaging in abusive or fraudulent billing practices, including violations of the 
17.30 	federal Medicare and Medicaid laws or state medical assistance laws or rules;
17.31 	(19) engaging in conduct with a patient that is sexual or may reasonably be 
17.32 	interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually 
17.33 	demeaning to a patient;
17.34 	(20) failure to make reports as required by section 151.072 or to cooperate with an 
17.35 	investigation of the board as required by section 151.074;
18.1 	(21) knowingly providing false or misleading information that is directly related 
18.2 	to the care of a patient unless done for an accepted therapeutic purpose such as the 
18.3 	dispensing and administration of a placebo;
18.4 	(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as 
18.5 	established by any of the following:
18.6 	(i) a copy of the record of criminal conviction or plea of guilty for a felony in 
18.7 	violation of section 609.215, subdivision 1 or 2;
18.8 	(ii) a copy of the record of a judgment of contempt of court for violating an 
18.9 	injunction issued under section 609.215, subdivision 4;
18.10 	(iii) a copy of the record of a judgment assessing damages under section 609.215, 
18.11 	subdivision 5; or
18.12 	(iv) a finding by the board that the person violated section 609.215, subdivision 
18.13 	1 or 2. The board shall investigate any complaint of a violation of section 609.215, 
18.14 	subdivision 1 or 2;
18.15 	(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license. 
18.16 	For a pharmacist intern, pharmacy technician, or controlled substance researcher, 
18.17 	performing duties permitted to such individuals by this chapter or the rules of the board 
18.18 	under a lapsed or nonrenewed registration. For a facility required to be licensed under this 
18.19 	chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
18.20 	(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination 
18.21 	or discharge from the health professional services program for reasons other than the 
18.22 	satisfactory completion of the program.
18.23 		Subd. 3.Automatic suspension. (a) A license or registration issued under this 
18.24 	chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance 
18.25 	researcher is automatically suspended if: (1) a guardian of a licensee or registrant is 
18.26 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons 
18.27 	other than the minority of the licensee or registrant; or (2) the licensee or registrant is 
18.28 	committed by order of a court pursuant to chapter 253B. The license or registration 
18.29 	remains suspended until the licensee is restored to capacity by a court and, upon petition 
18.30 	by the licensee or registrant, the suspension is terminated by the board after a hearing.
18.31 	(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the 
18.32 	board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice 
18.33 	of pharmacy, the license or registration of the regulated person may be automatically 
18.34 	suspended by the board. The license or registration will remain suspended until, upon 
18.35 	petition by the regulated individual and after a hearing, the suspension is terminated by 
18.36 	the board. The board may indefinitely suspend or revoke the license or registration of the 
19.1 	regulated individual if, after a hearing before the board, the board finds that the felonious 
19.2 	conduct would cause a serious risk of harm to the public.
19.3 	(c) For a facility that is licensed or registered by the board, upon notice to the 
19.4 	board that an owner of the facility is subject to a judgment of, or a plea of guilty to, 
19.5 	a felony reasonably related to the operation of the facility, the license or registration of 
19.6 	the facility may be automatically suspended by the board. The license or registration will 
19.7 	remain suspended until, upon petition by the facility and after a hearing, the suspension 
19.8 	is terminated by the board. The board may indefinitely suspend or revoke the license or 
19.9 	registration of the facility if, after a hearing before the board, the board finds that the 
19.10 	felonious conduct would cause a serious risk of harm to the public.
19.11 	(d) For licenses and registrations that have been suspended or revoked pursuant 
19.12 	to paragraphs (a) and (b), the regulated individual may have a license or registration 
19.13 	reinstated, either with or without restrictions, by demonstrating clear and convincing 
19.14 	evidence of rehabilitation, as provided in section 364.03. If the regulated individual has 
19.15 	the conviction subsequently overturned by court decision, the board shall conduct a 
19.16 	hearing to review the suspension within 30 days after the receipt of the court decision. 
19.17 	The regulated individual is not required to prove rehabilitation if the subsequent court 
19.18 	decision overturns previous court findings of public risk.
19.19 	(e) For licenses and registrations that have been suspended or revoked pursuant to 
19.20 	paragraph (c), the regulated facility may have a license or registration reinstated, either with 
19.21 	or without restrictions, conditions, or limitations, by demonstrating clear and convincing 
19.22 	evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the 
19.23 	convicted owner has the conviction subsequently overturned by court decision, the board 
19.24 	shall conduct a hearing to review the suspension within 30 days after receipt of the court 
19.25 	decision. The regulated facility is not required to prove rehabilitation of the convicted 
19.26 	owner if the subsequent court decision overturns previous court findings of public risk.
19.27 	(f) The board may, upon majority vote of a quorum of its appointed members, 
19.28 	suspend the license or registration of a regulated individual without a hearing if the 
19.29 	regulated individual fails to maintain a current name and address with the board, as 
19.30 	described in paragraphs (h) and (i), while the regulated individual is: (1) under board 
19.31 	investigation, and a notice of conference has been issued by the board; (2) party to a 
19.32 	contested case with the board; (3) party to an agreement for corrective action with the 
19.33 	board; or (4) under a board order for disciplinary action. The suspension shall remain 
19.34 	in effect until lifted by the board to the board's receipt of a petition from the regulated 
19.35 	individual, along with the current name and address of the regulated individual.
20.1 	(g) The board may, upon majority vote of a quorum of its appointed members, 
20.2 	suspend the license or registration of a regulated facility without a hearing if the regulated 
20.3 	facility fails to maintain a current name and address of the owner of the facility with the 
20.4 	board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under 
20.5 	board investigation, and a notice of conference has been issued by the board; (2) party 
20.6 	to a contested case with the board; (3) party to an agreement for corrective action with 
20.7 	the board; or (4) under a board order for disciplinary action. The suspension shall remain 
20.8 	in effect until lifted by the board pursuant to the board's receipt of a petition from the 
20.9 	regulated facility, along with the current name and address of the owner of the facility.
20.10 	(h) An individual licensed or registered by the board shall maintain a current name 
20.11 	and home address with the board and shall notify the board in writing within 30 days of 
20.12 	any change in name or home address. An individual regulated by the board shall also 
20.13 	maintain a current business address with the board as required by section 214.073. For 
20.14 	an individual, if a name change only is requested, the regulated individual must request 
20.15 	a revised license or registration. The board may require the individual to substantiate 
20.16 	the name change by submitting official documentation from a court of law or agency 
20.17 	authorized under law to receive and officially record a name change. In the case of an 
20.18 	individual, if an address change only is requested, no request for a revised license or 
20.19 	registration is required. If the current license or registration of an individual has been lost, 
20.20 	stolen, or destroyed, the individual shall provide a written explanation to the board.
20.21 	(i) A facility licensed or registered by the board shall maintain a current name and 
20.22 	address with the board. A facility shall notify the board in writing within 30 days of any 
20.23 	change in name. A facility licensed or registered by the board but located outside of the 
20.24 	state must notify the board within 30 days of an address change. A facility licensed or 
20.25 	registered by the board and located within the state must notify the board at least 60 
20.26 	days in advance of a change of address that will result from the move of the facility to a 
20.27 	different location and must pass an inspection at the new location as required by the board. 
20.28 	If the current license or registration of a facility has been lost, stolen, or destroyed, the 
20.29 	facility shall provide a written explanation to the board.
20.30 		Subd. 4.Effective dates. A suspension, revocation, condition, limitation, 
20.31 	qualification, or restriction of a license or registration shall be in effect pending 
20.32 	determination of an appeal. A revocation of a license pursuant to subdivision 1a is not 
20.33 	appealable and shall remain in effect indefinitely.
20.34 		Subd. 5.Conditions on reissued license. In its discretion, the board may restore 
20.35 	and reissue a license or registration issued under this chapter, but as a condition thereof 
20.36 	may impose any disciplinary or corrective measure that it might originally have imposed.
21.1 		Subd. 6.Temporary suspension of license for pharmacists. In addition to any 
21.2 	other remedy provided by law, the board may, without a hearing, temporarily suspend the 
21.3 	license of a pharmacist if the board finds that the pharmacist has violated a statute or rule 
21.4 	that the board is empowered to enforce and continued practice by the pharmacist would 
21.5 	create a serious risk of harm to the public. The suspension shall take effect upon written 
21.6 	notice to the pharmacist, specifying the statute or rule violated. The suspension shall 
21.7 	remain in effect until the board issues a final order in the matter after a hearing. At the 
21.8 	time it issues the suspension notice, the board shall schedule a disciplinary hearing to be 
21.9 	held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with 
21.10 	at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall 
21.11 	be scheduled to begin no later than 30 days after the issuance of the suspension order.
21.12 		Subd. 7.Temporary suspension of license for pharmacist interns, pharmacy 
21.13 	technicians, and controlled substance researchers. In addition to any other remedy 
21.14 	provided by law, the board may, without a hearing, temporarily suspend the registration of 
21.15 	a pharmacist intern, pharmacy technician, or controlled substance researcher if the board 
21.16 	finds that the registrant has violated a statute or rule that the board is empowered to enforce 
21.17 	and continued registration of the registrant would create a serious risk of harm to the 
21.18 	public. The suspension shall take effect upon written notice to the registrant, specifying 
21.19 	the statute or rule violated. The suspension shall remain in effect until the board issues a 
21.20 	final order in the matter after a hearing. At the time it issues the suspension notice, the 
21.21 	board shall schedule a disciplinary hearing to be held pursuant to the Administrative 
21.22 	Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of 
21.23 	any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no 
21.24 	later than 30 days after the issuance of the suspension order.
21.25 		Subd. 8.Temporary suspension of license for pharmacies, drug wholesalers, 
21.26 	drug manufacturers, medical gas manufacturers, and medical gas distributors.
 21.27 	In addition to any other remedy provided by law, the board may, without a hearing, 
21.28 	temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug 
21.29 	manufacturer, medical gas manufacturer, or medical gas distributor if the board finds 
21.30 	that the licensee or registrant has violated a statute or rule that the board is empowered 
21.31 	to enforce and continued operation of the licensed facility would create a serious risk of 
21.32 	harm to the public. The suspension shall take effect upon written notice to the licensee or 
21.33 	registrant, specifying the statute or rule violated. The suspension shall remain in effect 
21.34 	until the board issues a final order in the matter after a hearing. At the time it issues the 
21.35 	suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to 
21.36 	the Administrative Procedure Act. The licensee or registrant shall be provided with at 
22.1 	least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be 
22.2 	scheduled to begin no later than 30 days after the issuance of the suspension order.
22.3 		Subd. 9.Evidence. In disciplinary actions alleging a violation of subdivision 2, 
22.4 	clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court 
22.5 	administrator or of the administrative agency that entered the same shall be admissible 
22.6 	into evidence without further authentication and shall constitute prima facie evidence 
22.7 	of the contents thereof.
22.8 		Subd. 10.Mental examination; access to medical data. (a) If the board has 
22.9 	probable cause to believe that an individual licensed or registered by the board falls under 
22.10 	subdivision 2, clause (14), it may direct the individual to submit to a mental or physical 
22.11 	examination. For the purpose of this subdivision, every licensed or registered individual is 
22.12 	deemed to have consented to submit to a mental or physical examination when directed in 
22.13 	writing by the board and further to have waived all objections to the admissibility of the 
22.14 	examining practitioner's testimony or examination reports on the grounds that the same 
22.15 	constitute a privileged communication. Failure of a licensed or registered individual to 
22.16 	submit to an examination when directed constitutes an admission of the allegations against 
22.17 	the individual, unless the failure was due to circumstances beyond the individual's control, 
22.18 	in which case a default and final order may be entered without the taking of testimony or 
22.19 	presentation of evidence. Pharmacists affected under this paragraph shall at reasonable 
22.20 	intervals be given an opportunity to demonstrate that they can resume the competent 
22.21 	practice of the profession of pharmacy with reasonable skill and safety to the public. 
22.22 	Pharmacist interns, pharmacy technicians, or controlled substance researchers affected 
22.23 	under this paragraph shall at reasonable intervals be given an opportunity to demonstrate 
22.24 	that they can competently resume the duties that can be performed, under this chapter or 
22.25 	the rules of the board, by similarly registered persons with reasonable skill and safety to 
22.26 	the public. In any proceeding under this paragraph, neither the record of proceedings nor 
22.27 	the orders entered by the board shall be used against a licensed or registered individual 
22.28 	in any other proceeding.
22.29 	(b) In addition to ordering a physical or mental examination, the board may, 
22.30 	notwithstanding section 13.384, 144.651, or any other law limiting access to medical or 
22.31 	other health data, obtain medical data and health records relating to an individual licensed 
22.32 	or registered by the board, or to an applicant for licensure or registration, without the 
22.33 	individual's consent, if the board has probable cause to believe that the individual falls 
22.34 	under subdivision 2, clause (14). The medical data may be requested from a provider, 
22.35 	as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a 
22.36 	government agency, including the Department of Human Services. A provider, insurance 
23.1 	company, or government agency shall comply with any written request of the board under 
23.2 	this subdivision and is not liable in any action for damages for releasing the data requested 
23.3 	by the board if the data are released pursuant to a written request under this subdivision, 
23.4 	unless the information is false and the provider giving the information knew, or had reason 
23.5 	to believe, the information was false. Information obtained under this subdivision is 
23.6 	classified as private under sections 13.01 to 13.87.
23.7 		Subd. 11.Tax clearance certificate. (a) In addition to the provisions of subdivision 
23.8 	1, the board may not issue or renew a license or registration if the commissioner of 
23.9 	revenue notifies the board and the licensee or applicant for a license that the licensee or 
23.10 	applicant owes the state delinquent taxes in the amount of $500 or more. The board may 
23.11 	issue or renew the license or registration only if (1) the commissioner of revenue issues a 
23.12 	tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or 
23.13 	applicant forwards a copy of the clearance to the board. The commissioner of revenue 
23.14 	may issue a clearance certificate only if the licensee, registrant, or applicant does not owe 
23.15 	the state any uncontested delinquent taxes.
23.16 	(b) For purposes of this subdivision, the following terms have the meanings given.
23.17 	(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties 
23.18 	and interest due on those taxes.
23.19 	(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court 
23.20 	action that contests the amount or validity of the liability has been filed or served, (ii) the 
23.21 	appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant 
23.22 	has entered into a payment agreement to pay the liability and is current with the payments.
23.23 	(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee, 
23.24 	registrant, or applicant is required to obtain a clearance certificate under this subdivision, 
23.25 	a contested case hearing must be held if the licensee or applicant requests a hearing in 
23.26 	writing to the commissioner of revenue within 30 days of the date of the notice provided 
23.27 	in paragraph (a). The hearing must be held within 45 days of the date the commissioner of 
23.28 	revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law 
23.29 	to the contrary, the licensee or applicant must be served with 20 days' notice in writing 
23.30 	specifying the time and place of the hearing and the allegations against the licensee or 
23.31 	applicant. The notice may be served personally or by mail.
23.32 	(d) A licensee or applicant must provide the licensee's or applicant's Social Security 
23.33 	number and Minnesota business identification number on all license applications. Upon 
23.34 	request of the commissioner of revenue, the board must provide to the commissioner of 
23.35 	revenue a list of all licensees and applicants that includes the licensee's or applicant's 
23.36 	name, address, Social Security number, and business identification number. The 
24.1 	commissioner of revenue may request a list of the licensees and applicants no more than 
24.2 	once each calendar year.
24.3 		Subd. 12.Limitation. No board proceeding against a regulated person or facility 
24.4 	shall be instituted unless commenced within seven years from the date of the commission 
24.5 	of some portion of the offense or misconduct complained of except for alleged violations 
24.6 	of subdivision 2, clause (21).

24.7 	Sec. 4. [151.072] REPORTING OBLIGATIONS.
24.8 		Subdivision 1.Permission to report. A person who has knowledge of any conduct 
24.9 	constituting grounds for discipline under the provisions of this chapter or the rules of the 
24.10 	board may report the violation to the board.
24.11 		Subd. 2.Pharmacies. A pharmacy located in this state must report to the board any 
24.12 	discipline that is related to an incident involving conduct that would constitute grounds 
24.13 	for discipline under the provisions of this chapter or the rules of the board, that is taken 
24.14 	by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or 
24.15 	pharmacy technician, including the termination of employment of the individual or the 
24.16 	revocation, suspension, restriction, limitation, or conditioning of an individual's ability 
24.17 	to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the 
24.18 	resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of 
24.19 	any disciplinary proceeding, or prior to the commencement of formal charges but after the 
24.20 	individual had knowledge that formal charges were contemplated or in preparation. Each 
24.21 	report made under this subdivision must state the nature of the action taken and state in 
24.22 	detail the reasons for the action. Failure to report violations as required by this subdivision 
24.23 	is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
24.24 		Subd. 3.Licensees and registrants of the board. A licensee or registrant of 
24.25 	the board shall report to the board personal knowledge of any conduct that the person 
24.26 	reasonably believes constitutes grounds for disciplinary action under this chapter or 
24.27 	the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or 
24.28 	controlled substance researcher, including any conduct indicating that the person may be 
24.29 	professionally incompetent, or may have engaged in unprofessional conduct or may be 
24.30 	medically or physically unable to engage safely in the practice of pharmacy or to carry 
24.31 	out the duties permitted to the person by this chapter or the rules of the board. Failure 
24.32 	to report violations as required by this subdivision is a basis for discipline pursuant to 
24.33 	section 151.071, subdivision 2, clause (20).
24.34 		Subd. 4.Courts. The court administrator of a district court or any other court of 
24.35 	competent jurisdiction shall report to the board any judgment or other determination of 
25.1 	the court that: adjudges or includes a finding that a licensee or registrant of the board is 
25.2 	mentally ill, mentally incompetent, guilty of a felony, or guilty of a violation of federal 
25.3 	or state narcotics laws or controlled substances act, guilty of an abuse or fraud under 
25.4 	Medicare or Medicaid; appoints a guardian of the licensee or registrant pursuant to sections 
25.5 	524.5-101 to 524.5-502; or commits a licensee or registrant pursuant to chapter 253B.
25.6 		Subd. 5.Self-reporting. A licensee or registrant of the board shall report to the 
25.7 	board any personal action that would require that a report be filed with the board pursuant 
25.8 	to subdivision 2 or 4.
25.9 		Subd. 6.Deadlines; forms. Reports required by subdivisions 2 to 5 must be 
25.10 	submitted not later than 30 days after the occurrence of the reportable event or transaction. 
25.11 	The board may provide forms for the submission of reports required by this section, may 
25.12 	require that reports be submitted on the forms provided, and may adopt rules necessary 
25.13 	to assure prompt and accurate reporting.
25.14 		Subd. 7.Subpoenas. The board may issue subpoenas for the production of any 
25.15 	reports required by subdivisions 2 to 5 or any related documents.

25.16 	Sec. 5. [151.073] IMMUNITY.
25.17 		Subdivision 1.Reporting. Any person, health care facility, business, or organization 
25.18 	is immune from civil liability or criminal prosecution for submitting in good faith a report 
25.19 	to the board under section 151.072 or for otherwise reporting in good faith to the board 
25.20 	violations or alleged violations of this chapter or the rules of the board. All such reports 
25.21 	are investigative data as defined in chapter 13.
25.22 		Subd. 2.Investigation. (a) Members of the board and persons employed by the board 
25.23 	or engaged on behalf of the board in the investigation of violations and in the preparation 
25.24 	and management of charges or violations of this chapter of the rules of the board, or persons 
25.25 	participating in the investigation or testifying regarding charges of violations, are immune 
25.26 	from civil liability and criminal prosecution for any actions, transactions, or publications 
25.27 	in the execution of, or relating to, their duties under this chapter or the rules of the board.
25.28 	(b) Members of the board and persons employed by the board or engaged in 
25.29 	maintaining records and making reports regarding adverse health care events are immune 
25.30 	from civil liability and criminal prosecution for any actions, transactions, or publications 
25.31 	in the execution of, or relating to, their duties under section 151.301.

25.32 	Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
25.33 	An individual who is licensed or registered by the board, who is the subject of an 
25.34 	investigation by or on behalf of the board, shall cooperate fully with the investigation. 
26.1 	An owner or employee of a facility that is licensed or registered by the board, when the 
26.2 	facility is the subject of an investigation by or on behalf of the board, shall cooperate 
26.3 	fully with the investigation. Cooperation includes responding fully and promptly to any 
26.4 	question raised by, or on behalf of, the board relating to the subject of the investigation and 
26.5 	providing copies of patient pharmacy records and other relevant records, as reasonably 
26.6 	requested by the board, to assist the board in its investigation. The board shall maintain 
26.7 	any records obtained pursuant to this section as investigative data pursuant to chapter 13.

26.8 	Sec. 7. Minnesota Statutes 2012, section 151.211, is amended to read:
26.9 	151.211 RECORDS OF PRESCRIPTIONS.
26.10 		Subdivision 1.Retention of prescription drug orders. All prescriptions dispensed
26.11 	 prescription drug orders shall be kept on file at the location in from which such dispensing 
26.12 	occurred of the ordered drug occurs for a period of at least two years. Prescription drug 
26.13 	orders that are electronically prescribed must be kept on file in the format in which 
26.14 	they were originally received. Written or printed prescription drug orders and verbal 
26.15 	prescription drug orders reduced to writing, must be kept on file as received or transcribed, 
26.16 	except that such orders may be kept in an electronic format as allowed by the board. 
26.17 	Electronic systems used to process and store prescription drug orders must be compliant 
26.18 	with the requirements of this chapter and the rules of the board. Prescription drug orders 
26.19 	that are stored in an electronic format, as permitted by this subdivision, may be kept on 
26.20 	file at a remote location provided that they are readily and securely accessible from the 
26.21 	location at which dispensing of the ordered drug occurred.
26.22 		Subd. 2.Refill requirements. No A prescription shall drug order may be refilled 
26.23 	except only with the written, electronic, or verbal consent of the prescriber and in 
26.24 	accordance with the requirements of this chapter, the rules of the board, and where 
26.25 	applicable, section 152.11. The date of such refill must be recorded and initialed upon 
26.26 	the original prescription drug order, or within the electronically maintained record of the 
26.27 	original prescription drug order, by the pharmacist, pharmacist intern, or practitioner 
26.28 	who refills the prescription.

26.29 	Sec. 8. [151.251] COMPOUNDING.
26.30 		Subdivision 1.Exemption from manufacturing licensure requirement. Section 
26.31 	151.252 shall not apply to:
26.32 	(1) a practitioner engaged in extemporaneous compounding, anticipatory 
26.33 	compounding, or compounding not done pursuant to a prescription drug order when 
26.34 	permitted by this chapter or the rules of the board; and
27.1 	(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding, 
27.2 	anticipatory compounding, or compounding not done pursuant to a prescription drug order 
27.3 	when permitted by this chapter or the rules of the board.
27.4 		Subd. 2.Compounded drug. A drug product may be compounded under this 
27.5 	section if a pharmacist or practitioner:
27.6 	(a) compounds the drug product using bulk drug substances, as defined in the federal 
27.7 	regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
27.8 	(1) that:
27.9 	(i) comply with the standards of an applicable United States Pharmacopoeia 
27.10 	or National Formulary monograph, if a monograph exists, and the United States 
27.11 	Pharmacopoeia chapter on pharmacy compounding;
27.12 	(ii) if such a monograph does not exist, are drug substances that are components of 
27.13 	drugs approved for use in this country by the United States Food and Drug Administration; 
27.14 	or
27.15 	(iii) if such a monograph does not exist and the drug substance is not a component of 
27.16 	a drug approved for use in this country by the United States Food and Drug Administration, 
27.17 	that appear on a list developed by the United States Food and Drug Administration through 
27.18 	regulations issued by the secretary of the federal Department of Health and Human 
27.19 	Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
27.20 	(2) that are manufactured by an establishment that is registered under section 360 
27.21 	of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is 
27.22 	registered under section 360(i) of that act; and
27.23 	(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
27.24 	(b) compounds the drug product using ingredients, other than bulk drug substances, 
27.25 	that comply with the standards of an applicable United States Pharmacopoeia or National 
27.26 	Formulary monograph, if a monograph exists, and the United States Pharmacopoeia 
27.27 	chapters on pharmacy compounding;
27.28 	(c) does not compound a drug product that appears on a list published by the secretary 
27.29 	of the federal Department of Health and Human Services in the Federal Register of drug 
27.30 	products that have been withdrawn or removed from the market because such drug products 
27.31 	or components of such drug products have been found to be unsafe or not effective;
27.32 	(d) does not compound any drug products that are essentially copies of a 
27.33 	commercially available drug product; and
27.34 	(e) does not compound any drug product that has been identified pursuant to 
27.35 	United States Code, title 21, section 353a, as a drug product that presents demonstrable 
28.1 	difficulties for compounding that reasonably demonstrate an adverse effect on the safety 
28.2 	or effectiveness of that drug product.
28.3 	The term "essentially a copy of a commercially available drug product" does not 
28.4 	include a drug product in which there is a change, made for an identified individual 
28.5 	patient, that produces for that patient a significant difference, as determined by the 
28.6 	prescribing practitioner, between the compounded drug and the comparable commercially 
28.7 	available drug product.
28.8 		Subd. 3.Exceptions. This section shall not apply to:
28.9 	(1) compounded positron emission tomography drugs as defined in section 151.01, 
28.10 	subdivision 38; or
28.11 	(2) radiopharmaceuticals.

28.12 	Sec. 9. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding a 
28.13 	subdivision to read:
28.14 		Subd. 1a.Outsourcing facility. (a) No person shall act as an outsourcing facility 
28.15 	without first obtaining a license from the board and paying any applicable manufacturer 
28.16 	licensing fee specified in section 151.065.
28.17 	(b) Application for an outsourcing facility license under this section shall be made 
28.18 	in a manner specified by the board and may differ from the application required of other 
28.19 	drug manufacturers.
28.20 	(c) No license shall be issued or renewed for an outsourcing facility unless the 
28.21 	applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and 
28.22 	state law and according to Minnesota Rules.
28.23 	(d) No license shall be issued or renewed for an outsourcing facility unless the 
28.24 	applicant supplies the board with proof of such registration by the United States Food and 
28.25 	Drug Administration as required by United States Code, title 21, section 353b.
28.26 	(e) No license shall be issued or renewed for an outsourcing facility that is required 
28.27 	to be licensed or registered by the state in which it is physically located unless the 
28.28 	applicant supplies the board with proof of such licensure or registration. The board may 
28.29 	establish, by rule, standards for the licensure of an outsourcing facility that is not required 
28.30 	to be licensed or registered by the state in which it is physically located.
28.31 	(f) The board shall require a separate license for each outsourcing facility located 
28.32 	within the state and for each outsourcing facility located outside of the state at which drugs 
28.33 	that are shipped into the state are prepared.
28.34 	(g) The board shall not issue an initial or renewed license for an outsourcing facility 
28.35 	unless the facility passes an inspection conducted by an authorized representative of the 
29.1 	board. In the case of an outsourcing facility located outside of the state, the board may 
29.2 	require the applicant to pay the cost of the inspection, in addition to the license fee in 
29.3 	section 151.065, unless the applicant furnishes the board with a report, issued by the 
29.4 	appropriate regulatory agency of the state in which the facility is located or by the United 
29.5 	States Food and Drug Administration, of an inspection that has occurred within the 24 
29.6 	months immediately preceding receipt of the license application by the board. The board 
29.7 	may deny licensure unless the applicant submits documentation satisfactory to the board 
29.8 	that any deficiencies noted in an inspection report have been corrected.

29.9 	Sec. 10. Minnesota Statutes 2012, section 151.26, is amended to read:
29.10 	151.26 EXCEPTIONS.
29.11 		Subdivision 1.Generally. Nothing in this chapter shall subject a person duly 
29.12 	licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection 
29.13 	by the State Board of Pharmacy, nor prevent the person from administering drugs, 
29.14 	medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed 
29.15 	practitioner from furnishing to a patient properly packaged and labeled drugs, medicines, 
29.16 	chemicals, or poisons as may be considered appropriate in the treatment of such patient; 
29.17 	unless the person is engaged in the dispensing, sale, or distribution of drugs and the board 
29.18 	provides reasonable notice of an inspection.
29.19 	Except for the provisions of section 151.37, nothing in this chapter applies to or 
29.20 	interferes with the dispensing, in its original package and at no charge to the patient, of a 
29.21 	legend drug, other than a controlled substance, that was packaged by a manufacturer and 
29.22 	provided to the dispenser for distribution as a professional sample.
29.23 	Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or 
29.24 	poisons at wholesale to licensed physicians, dentists and veterinarians for use in their 
29.25 	practice, nor to hospitals for use therein.
29.26 	Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either 
29.27 	at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the 
29.28 	sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in 
29.29 	this chapter shall prevent the sale of common household preparations and other drugs, 
29.30 	chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided 
29.31 	that this exception does not apply to any compound, substance, or derivative that is not 
29.32 	approved for human consumption by the United States Food and Drug Administration 
29.33 	or specifically permitted for human consumption under Minnesota law that, when 
29.34 	introduced into the body, induces an effect similar to that of a Schedule I or Schedule II 
29.35 	controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules, 
30.1 	parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the 
30.2 	purpose of human consumption.
30.3 	Nothing in this chapter shall apply to or interfere with the vending or retailing of 
30.4 	any nonprescription medicine or drug not otherwise prohibited by statute which that is 
30.5 	prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and 
30.6 	labeled in accordance with the requirements of the state or federal Food and Drug Act; nor 
30.7 	to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles, 
30.8 	cosmetics, perfumes, spices, and other commonly used household articles of a chemical 
30.9 	nature, for use for nonmedicinal purposes.; provided that this exception does not apply 
30.10 	to any compound, substance, or derivative that is not approved for human consumption 
30.11 	by the United States Food and Drug Administration or specifically permitted for human 
30.12 	consumption under Minnesota law that, when introduced into the body, induces an effect 
30.13 	similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02, 
30.14 	subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of 
30.15 	whether the substance is marketed for the purpose of human consumption. Nothing in 
30.16 	this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a 
30.17 	discount to persons over 65 years of age.

30.18 	Sec. 11. Minnesota Statutes 2012, section 151.34, is amended to read:
30.19 	151.34 PROHIBITED ACTS.
30.20 	It shall be unlawful to:
30.21 	(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated 
30.22 	or misbranded;
30.23 	(2) adulterate or misbrand any drug;
30.24 	(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or 
30.25 	proffer delivery thereof for pay or otherwise;
30.26 	(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to 
30.27 	permit access to or copying of any record as authorized by this chapter;
30.28 	(5) remove or dispose of a detained or embargoed article in violation of this chapter;
30.29 	(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling 
30.30 	of, or to do any other act with respect to a drug, if such act is done while such drug is held 
30.31 	for sale and results in such drug being adulterated or misbranded;
30.32 	(7) use for a person's own advantage or to reveal other than to the board or its 
30.33 	authorized representative or to the courts when required in any judicial proceeding under 
30.34 	this chapter any information acquired under authority of this chapter concerning any 
30.35 	method or process which that is a trade secret and entitled to protection;
31.1 	(8) use on the labeling of any drug any representation or suggestion that an 
31.2 	application with respect to such drug is effective under the federal act or that such drug 
31.3 	complies with such provisions;
31.4 	(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale 
31.5 	within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed 
31.6 	by applicable law to administer such drug who makes written request for information as to 
31.7 	such drug, true and correct copies of all printed matter which that is required to be included 
31.8 	in any package in which that drug is distributed or sold, or such other printed matter as is 
31.9 	approved under the federal act. Nothing in this paragraph shall be construed to exempt 
31.10 	any person from any labeling requirement imposed by or under provisions of this chapter;
31.11 	(10) conduct a pharmacy without a pharmacist in charge;
31.12 	(11) dispense a legend drug without first obtaining a valid prescription for that drug;
31.13 	(12) conduct a pharmacy without proper registration with the board;
31.14 	(13) practice pharmacy without being licensed to do so by the board; or
31.15 	(14) sell at retail federally restricted medical gases without proper registration with 
31.16 	the board except as provided in this chapter.; or
31.17 	(15) sell any compound, substance, or derivative that is not approved for human 
31.18 	consumption by the United States Food and Drug Administration or specifically permitted 
31.19 	for human consumption under Minnesota law that, when introduced into the body, induces 
31.20 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in 
31.21 	section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, 
31.22 	regardless of whether the substance is marketed for the purpose of human consumption.

31.23 	Sec. 12. Minnesota Statutes 2012, section 151.35, is amended to read:
31.24 	151.35 DRUGS, ADULTERATION.
31.25 	A drug shall be deemed to be adulterated:
31.26 	(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or 
31.27 	if it has been produced, prepared, packed, or held under unsanitary conditions whereby it 
31.28 	may have been rendered injurious to health, or whereby it may have been contaminated 
31.29 	with filth; or if the methods used in, or the facilities or controls used for, its manufacture, 
31.30 	processing, packing, or holding do not conform to or are not operated or administered 
31.31 	in conformity with current good manufacturing practice as required under the federal 
31.32 	act to assure that such drug is safe and has the identity, strength, quality, and purity 
31.33 	characteristics, which it purports or is represented to possess; or the facility in which it 
31.34 	was produced was not registered by the United States Food and Drug Administration or 
31.35 	licensed by the board; or, its container is composed, in whole or in part, of any poisonous 
32.1 	or deleterious substance which may render the contents injurious to health; or it bears 
32.2 	or contains, for purposes of coloring only, a color additive which is unsafe within the 
32.3 	meaning of the federal act, or it is a color additive, the intended use of which in or on drugs 
32.4 	is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
32.5 	(2) if it purports to be or is represented as a drug the name of which is recognized in 
32.6 	the United States Pharmacopoeia or the National Formulary, and its strength differs from, 
32.7 	or its quality or purity falls below, the standard set forth therein. Such determination as 
32.8 	to strength, quality, or purity shall be made in accordance with the tests or methods of 
32.9 	assay set forth in such compendium, or in the absence of or inadequacy of such tests or 
32.10 	methods of assay, those prescribed under authority of the federal act. No drug defined 
32.11 	in the United States Pharmacopoeia or the National Formulary shall be deemed to be 
32.12 	adulterated under this paragraph because it differs from the standard of strength, quality, 
32.13 	or purity therefor set forth in such compendium, if its difference in strength, quality, or 
32.14 	purity from such standard is plainly stated on its label;
32.15 	(3) if it is not subject to the provisions of paragraph (2) of this section and its 
32.16 	strength differs from, or its purity or quality differs from that which it purports or is 
32.17 	represented to possess;
32.18 	(4) if any substance has been mixed or packed therewith so as to reduce its quality or 
32.19 	strength, or substituted wholly or in part therefor.

32.20 	Sec. 13. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
32.21 		Subd. 2.After January 1, 1983. (a) No legend drug in solid oral dosage form 
32.22 	may be manufactured, packaged or distributed for sale in this state after January 1, 1983 
32.23 	unless it is clearly marked or imprinted with a symbol, number, company name, words, 
32.24 	letters, national drug code or other mark uniquely identifiable to that drug product. An 
32.25 	identifying mark or imprint made as required by federal law or by the federal Food and 
32.26 	Drug Administration shall be deemed to be in compliance with this section.
32.27 	(b) The Board of Pharmacy may grant exemptions from the requirements of this 
32.28 	section on its own initiative or upon application of a manufacturer, packager, or distributor 
32.29 	indicating size or other characteristics which that render the product impractical for the 
32.30 	imprinting required by this section.
32.31 	(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
32.32 	(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to 
32.33 	January 1, 1983, and held in stock for resale.
33.1 	(2) Drugs which are manufactured by or upon the order of a practitioner licensed by 
33.2 	law to prescribe or administer drugs and which are to be used solely by the patient for 
33.3 	whom prescribed.

33.4 	Sec. 14. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter 
33.5 	43, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article 
33.6 	10, section 5, is amended to read:
33.7 	151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
33.8 		Subdivision 1.Prohibition. Except as otherwise provided in this chapter, it shall be 
33.9 	unlawful for any person to have in possession, or to sell, give away, barter, exchange, or 
33.10 	distribute a legend drug.
33.11 		Subd. 2.Prescribing and filing. (a) A licensed practitioner in the course of 
33.12 	professional practice only, may prescribe, administer, and dispense a legend drug, and 
33.13 	may cause the same to be administered by a nurse, a physician assistant, or medical 
33.14 	student or resident under the practitioner's direction and supervision, and may cause a 
33.15 	person who is an appropriately certified, registered, or licensed health care professional 
33.16 	to prescribe, dispense, and administer the same within the expressed legal scope of the 
33.17 	person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a 
33.18 	legend drug, without reference to a specific patient, by directing a licensed dietitian or 
33.19 	licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235, 
33.20 	subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist 
33.21 	according to section 151.01, subdivision 27, to adhere to a particular practice guideline or 
33.22 	protocol when treating patients whose condition falls within such guideline or protocol, 
33.23 	and when such guideline or protocol specifies the circumstances under which the legend 
33.24 	drug is to be prescribed and administered. An individual who verbally, electronically, or 
33.25 	otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall 
33.26 	not be deemed to have prescribed the legend drug. This paragraph applies to a physician 
33.27 	assistant only if the physician assistant meets the requirements of section 147A.18.
33.28 	(b) The commissioner of health, if a licensed practitioner, or a person designated 
33.29 	by the commissioner who is a licensed practitioner, may prescribe a legend drug to an 
33.30 	individual or by protocol for mass dispensing purposes where the commissioner finds that 
33.31 	the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist. 
33.32 	The commissioner, if a licensed practitioner, or a designated licensed practitioner, may 
33.33 	prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10 
33.34 	to control tuberculosis and other communicable diseases. The commissioner may modify 
33.35 	state drug labeling requirements, and medical screening criteria and documentation, where 
34.1 	time is critical and limited labeling and screening are most likely to ensure legend drugs 
34.2 	reach the maximum number of persons in a timely fashion so as to reduce morbidity 
34.3 	and mortality.
34.4 	(c) A licensed practitioner that dispenses for profit a legend drug that is to be 
34.5 	administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must 
34.6 	file with the practitioner's licensing board a statement indicating that the practitioner 
34.7 	dispenses legend drugs for profit, the general circumstances under which the practitioner 
34.8 	dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to 
34.9 	dispense legend drugs for profit after July 31, 1990, unless the statement has been filed 
34.10 	with the appropriate licensing board. For purposes of this paragraph, "profit" means (1) 
34.11 	any amount received by the practitioner in excess of the acquisition cost of a legend drug 
34.12 	for legend drugs that are purchased in prepackaged form, or (2) any amount received 
34.13 	by the practitioner in excess of the acquisition cost of a legend drug plus the cost of 
34.14 	making the drug available if the legend drug requires compounding, packaging, or other 
34.15 	treatment. The statement filed under this paragraph is public data under section 13.03. 
34.16 	This paragraph does not apply to a licensed doctor of veterinary medicine or a registered 
34.17 	pharmacist. Any person other than a licensed practitioner with the authority to prescribe, 
34.18 	dispense, and administer a legend drug under paragraph (a) shall not dispense for profit. 
34.19 	To dispense for profit does not include dispensing by a community health clinic when the 
34.20 	profit from dispensing is used to meet operating expenses.
34.21 	(d) A prescription or drug order for the following drugs is not valid, unless it can 
34.22 	be established that the prescription or drug order was based on a documented patient 
34.23 	evaluation, including an examination, adequate to establish a diagnosis and identify 
34.24 	underlying conditions and contraindications to treatment:
34.25 	(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
34.26 	(2) drugs defined by the Board of Pharmacy as controlled substances under section 
34.27 	152.02, subdivisions 7, 8, and 12;
34.28 	(3) muscle relaxants;
34.29 	(4) centrally acting analgesics with opioid activity;
34.30 	(5) drugs containing butalbital; or
34.31 	(6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
34.32 	(e) For the purposes of paragraph (d), the requirement for an examination shall be 
34.33 	met if an in-person examination has been completed in any of the following circumstances:
34.34 	(1) the prescribing practitioner examines the patient at the time the prescription 
34.35 	or drug order is issued;
34.36 	(2) the prescribing practitioner has performed a prior examination of the patient;
35.1 	(3) another prescribing practitioner practicing within the same group or clinic as the 
35.2 	prescribing practitioner has examined the patient;
35.3 	(4) a consulting practitioner to whom the prescribing practitioner has referred the 
35.4 	patient has examined the patient; or
35.5 	(5) the referring practitioner has performed an examination in the case of a 
35.6 	consultant practitioner issuing a prescription or drug order when providing services by 
35.7 	means of telemedicine.
35.8 	(f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing 
35.9 	a drug through the use of a guideline or protocol pursuant to paragraph (a).
35.10 	(g) Nothing in this chapter prohibits a licensed practitioner from issuing a 
35.11 	prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy 
35.12 	in the Management of Sexually Transmitted Diseases guidance document issued by the 
35.13 	United States Centers for Disease Control.
35.14 	(h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing 
35.15 	of legend drugs through a public health clinic or other distribution mechanism approved 
35.16 	by the commissioner of health or a board of health in order to prevent, mitigate, or treat 
35.17 	a pandemic illness, infectious disease outbreak, or intentional or accidental release of a 
35.18 	biological, chemical, or radiological agent.
35.19 	(i) No pharmacist employed by, under contract to, or working for a pharmacy 
35.20 	licensed under section 151.19, subdivision 1, may dispense a legend drug based on a 
35.21 	prescription that the pharmacist knows, or would reasonably be expected to know, is not 
35.22 	valid under paragraph (d).
35.23 	(j) No pharmacist employed by, under contract to, or working for a pharmacy 
35.24 	licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident 
35.25 	of this state based on a prescription that the pharmacist knows, or would reasonably be 
35.26 	expected to know, is not valid under paragraph (d).
35.27 	(k) Nothing in this chapter prohibits the commissioner of health, if a licensed 
35.28 	practitioner, or, if not a licensed practitioner, a designee of the commissioner who is 
35.29 	a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the 
35.30 	treatment of a communicable disease according to the Centers For Disease Control and 
35.31 	Prevention Partner Services Guidelines.
35.32 		Subd. 2a.Delegation. A supervising physician may delegate to a physician assistant 
35.33 	who is registered with the Board of Medical Practice and certified by the National 
35.34 	Commission on Certification of Physician Assistants and who is under the supervising 
35.35 	physician's supervision, the authority to prescribe, dispense, and administer legend drugs 
36.1 	and medical devices, subject to the requirements in chapter 147A and other requirements 
36.2 	established by the Board of Medical Practice in rules.
36.3 		Subd. 3.Veterinarians. A licensed doctor of veterinary medicine, in the course of 
36.4 	professional practice only and not for use by a human being, may personally prescribe, 
36.5 	administer, and dispense a legend drug, and may cause the same to be administered or 
36.6 	dispensed by an assistant under the doctor's direction and supervision.
36.7 		Subd. 4.Research. (a) Any qualified person may use legend drugs in the course 
36.8 	of a bona fide research project, but cannot administer or dispense such drugs to human 
36.9 	beings unless such drugs are prescribed, dispensed, and administered by a person lawfully 
36.10 	authorized to do so.
36.11 	(b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for 
36.12 	use by, or administration to, patients enrolled in a bona fide research study that is being 
36.13 	conducted pursuant to either an investigational new drug application approved by the 
36.14 	United States Food and Drug Administration or that has been approved by an institutional 
36.15 	review board. For the purposes of this subdivision only:
36.16 	(1) a prescription drug order is not required for a pharmacy to dispense a research 
36.17 	drug, unless the study protocol requires the pharmacy to receive such an order;
36.18 	(2) notwithstanding the prescription labeling requirements found in this chapter or 
36.19 	the rules promulgated by the board, a research drug may be labeled as required by the 
36.20 	study protocol; and
36.21 	(3) dispensing and distribution of research drugs by pharmacies shall not be 
36.22 	considered compounding, manufacturing, or wholesaling under this chapter.; and
36.23 	(4) a pharmacy may compound drugs for research studies as provided in 
36.24 	this subdivision but must follow applicable standards established by United States 
36.25 	Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
36.26 	(c) An entity that is under contract to a federal agency for the purpose of distributing 
36.27 	drugs for bona fide research studies is exempt from the drug wholesaler licensing 
36.28 	requirements of this chapter. Any other entity is exempt from the drug wholesaler 
36.29 	licensing requirements of this chapter if the board finds that the entity is licensed or 
36.30 	registered according to the laws of the state in which it is physically located and it is 
36.31 	distributing drugs for use by, or administration to, patients enrolled in a bona fide research 
36.32 	study that is being conducted pursuant to either an investigational new drug application 
36.33 	approved by the United States Food and Drug Administration or that has been approved 
36.34 	by an institutional review board.
36.35 		Subd. 5.Exclusion for course of practice. Nothing in this chapter shall prohibit 
36.36 	the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed 
37.1 	manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, 
37.2 	bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed 
37.3 	practitioners while acting within the course of their practice only.
37.4 		Subd. 6.Exclusion for course of employment. (a) Nothing in this chapter shall 
37.5 	prohibit the possession of a legend drug by an employee, agent, or sales representative of 
37.6 	a registered drug manufacturer, or an employee or agent of a registered drug wholesaler, 
37.7 	or registered pharmacy, while acting in the course of employment.
37.8 	(b) Nothing in this chapter shall prohibit the following entities from possessing a 
37.9 	legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
37.10 	(1) a law enforcement officer;
37.11 	(2) a hazardous waste transporter licensed by the Department of Transportation;
37.12 	(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of 
37.13 	hazardous waste, including household hazardous waste;
37.14 	(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a 
37.15 	very small quantity generator collection program or a minimal generator;
37.16 	(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to 
37.17 	a program in compliance with applicable federal law or a person authorized by the county 
37.18 	to conduct one or more of these activities; or
37.19 	(6) a sanitary district organized under chapter 115, or a special law.
37.20 		Subd. 7.Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the 
37.21 	possession of a legend drug by a person for that person's use when it has been dispensed to 
37.22 	the person in accordance with a valid prescription issued by a practitioner.
37.23 	(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has 
37.24 	been dispensed in accordance with a written or oral prescription by a practitioner, from 
37.25 	designating a family member, caregiver, or other individual to handle the legend drug for 
37.26 	the purpose of assisting the person in obtaining or administering the drug or sending 
37.27 	the drug for destruction.
37.28 	(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has 
37.29 	been dispensed in accordance with a valid prescription issued by a practitioner from 
37.30 	transferring the legend drug to a county that collects, stores, transports, or disposes of a 
37.31 	legend drug pursuant to a program in compliance with applicable federal law or to a 
37.32 	person authorized by the county to conduct one or more of these activities.
37.33 		Subd. 8.Misrepresentation. It is unlawful for a person to procure, attempt to 
37.34 	procure, possess, or control a legend drug by any of the following means:
37.35 	(1) deceit, misrepresentation, or subterfuge;
37.36 	(2) using a false name; or
38.1 	(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, 
38.2 	wholesaler, pharmacist, practitioner, or other authorized person for the purpose of 
38.3 	obtaining a legend drug.
38.4 		Subd. 9.Exclusion for course of laboratory employment. Nothing in this chapter 
38.5 	shall prohibit the possession of a legend drug by an employee or agent of a registered 
38.6 	analytical laboratory while acting in the course of laboratory employment.
38.7 		Subd. 10.Purchase of drugs and other agents by commissioner of health. The 
38.8 	commissioner of health, in preparation for and in carrying out the duties of sections 
38.9 	144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis 
38.10 	drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, 
38.11 	antidotes, other pharmaceutical agents, and medical supplies to treat and prevent 
38.12 	communicable disease.
38.13 		Subd. 10a.Emergency use authorizations. Nothing in this chapter shall prohibit 
38.14 	the purchase, possession, or use of a legend drug by an entity acting according to an 
38.15 	emergency use authorization issued by the United States Food and Drug Administration 
38.16 	pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically 
38.17 	tasked in a public health response plan to perform critical functions necessary to support 
38.18 	the response to a public health incident or event.
38.19 		Subd. 11.Complaint reporting Exclusion for health care educational programs.
 38.20 	The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any 
38.21 	complaints received regarding the prescription or administration of legend drugs under 
38.22 	section 148.576. Nothing in this section shall prohibit an accredited public or private 
38.23 	postsecondary school from possessing a legend drug that is not a controlled substance 
38.24 	listed in section 152.02, provided that:
38.25 	(a) the school is approved by the United States secretary of education in accordance 
38.26 	with requirements of the Higher Education Act of 1965, as amended;
38.27 	(b) the school provides a course of instruction that prepares individuals for 
38.28 	employment in a health care occupation or profession;
38.29 	(c) the school may only possess those drugs necessary for the instruction of such 
38.30 	individuals; and
38.31 	(d) the drugs may only be used in the course of providing such instruction and are 
38.32 	labeled by the purchaser to indicate that they are not to be administered to patients.
38.33 	Those areas of the school in which legend drugs are stored are subject to section 
38.34 	151.06, subdivision 1, paragraph (a), clause (4).

39.1 	Sec. 15. Minnesota Statutes 2012, section 151.44, is amended to read:
39.2 	151.44 DEFINITIONS.
39.3 	As used in sections 151.43 to 151.51, the following terms have the meanings given 
39.4 	in paragraphs (a) to (h):
39.5 	(a) "Wholesale drug distribution" means distribution of prescription or 
39.6 	nonprescription drugs to persons other than a consumer or patient or reverse distribution 
39.7 	of such drugs, but does not include:
39.8 	(1) a sale between a division, subsidiary, parent, affiliated, or related company under 
39.9 	the common ownership and control of a corporate entity;
39.10 	(2) the purchase or other acquisition, by a hospital or other health care entity that is a 
39.11 	member of a group purchasing organization, of a drug for its own use from the organization 
39.12 	or from other hospitals or health care entities that are members of such organizations;
39.13 	(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a 
39.14 	drug by a charitable organization described in section 501(c)(3) of the Internal Revenue 
39.15 	Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the 
39.16 	organization to the extent otherwise permitted by law;
39.17 	(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
39.18 	among hospitals or other health care entities that are under common control;
39.19 	(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug 
39.20 	for emergency medical reasons;
39.21 	(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or 
39.22 	the dispensing of a drug pursuant to a prescription;
39.23 	(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to 
39.24 	another retail pharmacy to alleviate a temporary shortage;
39.25 	(8) the distribution of prescription or nonprescription drug samples by manufacturers 
39.26 	representatives; or
39.27 	(9) the sale, purchase, or trade of blood and blood components.
39.28 	(b) "Wholesale drug distributor" means anyone engaged in wholesale drug 
39.29 	distribution including, but not limited to, manufacturers; repackers repackagers; own-label 
39.30 	distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' 
39.31 	warehouses, chain drug warehouses, and wholesale drug warehouses; independent 
39.32 	wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A 
39.33 	wholesale drug distributor does not include a common carrier or individual hired primarily 
39.34 	to transport prescription or nonprescription drugs.
40.1 	(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing, 
40.2 	propagating, compounding, processing, packaging, repackaging, or labeling of a 
40.3 	prescription drug has the meaning provided in section 151.01, subdivision 14b.
40.4 	(d) "Prescription drug" means a drug required by federal or state law or regulation 
40.5 	to be dispensed only by a prescription, including finished dosage forms and active 
40.6 	ingredients subject to United States Code, title 21, sections 811 and 812.
40.7 	(e) "Blood" means whole blood collected from a single donor and processed either 
40.8 	for transfusion or further manufacturing.
40.9 	(f) "Blood components" means that part of blood separated by physical or 
40.10 	mechanical means.
40.11 	(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs 
40.12 	received from or shipped to Minnesota locations for the purpose of returning the drugs 
40.13 	to their producers or distributors.
40.14 	(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

40.15 	Sec. 16. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
40.16 		Subd. 2.Definitions. For purposes of this section only, the terms defined in this 
40.17 	subdivision have the meanings given.
40.18 	(a) "Automated drug distribution system" or "system" means a mechanical system 
40.19 	approved by the board that performs operations or activities, other than compounding or 
40.20 	administration, related to the storage, packaging, or dispensing of drugs, and collects, 
40.21 	controls, and maintains all required transaction information and records.
40.22 	(b) "Health care facility" means a nursing home licensed under section 144A.02; 
40.23 	a housing with services establishment registered under section 144D.01, subdivision 4, 
40.24 	in which a home provider licensed under chapter 144A is providing centralized storage 
40.25 	of medications; or a community behavioral health hospital or Minnesota sex offender 
40.26 	program facility operated by the Department of Human Services.
40.27 	(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and 
40.28 	is responsible for the operation of an automated drug distribution system.

40.29 	Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
40.30 		Subd. 3.Authorization. A pharmacy may use an automated drug distribution 
40.31 	system to fill prescription drug orders for patients of a health care facility provided that the 
40.32 	policies and procedures required by this section have been approved by the board. The 
40.33 	automated drug distribution system may be located in a health care facility that is not at 
41.1 	the same location as the managing pharmacy. When located within a health care facility, 
41.2 	the system is considered to be an extension of the managing pharmacy.

41.3 	Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
41.4 		Subd. 5.Operation of automated drug distribution systems. (a) The managing 
41.5 	pharmacy and the pharmacist in charge are responsible for the operation of an automated 
41.6 	drug distribution system.
41.7 	(b) Access to an automated drug distribution system must be limited to pharmacy 
41.8 	and nonpharmacy personnel authorized to procure drugs from the system, except that field 
41.9 	service technicians may access a system located in a health care facility for the purposes of 
41.10 	servicing and maintaining it while being monitored either by the managing pharmacy, or a 
41.11 	licensed nurse within the health care facility. In the case of an automated drug distribution 
41.12 	system that is not physically located within a licensed pharmacy, access for the purpose 
41.13 	of procuring drugs shall be limited to licensed nurses. Each person authorized to access 
41.14 	the system must be assigned an individual specific access code. Alternatively, access to 
41.15 	the system may be controlled through the use of biometric identification procedures. A 
41.16 	policy specifying time access parameters, including time-outs, logoffs, and lockouts, 
41.17 	must be in place.
41.18 	(c) For the purposes of this section only, the requirements of section 151.215 are met 
41.19 	if the following clauses are met:
41.20 	(1) a pharmacist employed by and working at the managing pharmacy, or at a 
41.21 	pharmacy that is acting as a central services pharmacy for the managing pharmacy, 
41.22 	pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all 
41.23 	prescription drug orders before any drug is distributed from the system to be administered 
41.24 	to a patient. A pharmacy technician may perform data entry of prescription drug orders 
41.25 	provided that a pharmacist certifies the accuracy of the data entry before the drug can 
41.26 	be released from the automated drug distribution system. A pharmacist employed by 
41.27 	and working at the managing pharmacy must certify the accuracy of the filling of any 
41.28 	cassettes, canisters, or other containers that contain drugs that will be loaded into the 
41.29 	automated drug distribution system; and
41.30 	(2) when the automated drug dispensing system is located and used within the 
41.31 	managing pharmacy, a pharmacist must personally supervise and take responsibility for all 
41.32 	packaging and labeling associated with the use of an automated drug distribution system.
41.33 	(d) Access to drugs when a pharmacist has not reviewed and approved the 
41.34 	prescription drug order is permitted only when a formal and written decision to allow such 
41.35 	access is issued by the pharmacy and the therapeutics committee or its equivalent. The 
42.1 	committee must specify the patient care circumstances in which such access is allowed, 
42.2 	the drugs that can be accessed, and the staff that are allowed to access the drugs.
42.3 	(e) In the case of an automated drug distribution system that does not utilize bar 
42.4 	coding in the loading process, the loading of a system located in a health care facility may 
42.5 	be performed by a pharmacy technician, so long as the activity is continuously supervised, 
42.6 	through a two-way audiovisual system by a pharmacist on duty within the managing 
42.7 	pharmacy. In the case of an automated drug distribution system that utilizes bar coding 
42.8 	in the loading process, the loading of a system located in a health care facility may be 
42.9 	performed by a pharmacy technician or a licensed nurse, provided that the managing 
42.10 	pharmacy retains an electronic record of loading activities.
42.11 	(f) The automated drug distribution system must be under the supervision of a 
42.12 	pharmacist. The pharmacist is not required to be physically present at the site of the 
42.13 	automated drug distribution system if the system is continuously monitored electronically 
42.14 	by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the 
42.15 	board must be continuously available to address any problems detected by the monitoring 
42.16 	or to answer questions from the staff of the health care facility. The licensed pharmacy 
42.17 	may be the managing pharmacy or a pharmacy which is acting as a central services 
42.18 	pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

42.19 	Sec. 19. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is 
42.20 	amended to read:
42.21 		Subd. 2.Schedule I. (a) Schedule I consists of the substances listed in this 
42.22 	subdivision.
42.23 	(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of 
42.24 	the following substances, including their analogs, isomers, esters, ethers, salts, and salts 
42.25 	of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, 
42.26 	ethers, and salts is possible:
42.27 	(1) acetylmethadol;
42.28 	(2) allylprodine;
42.29 	(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as 
42.30 	levomethadyl acetate);
42.31 	(4) alphameprodine;
42.32 	(5) alphamethadol;
42.33 	(6) alpha-methylfentanyl benzethidine;
42.34 	(7) betacetylmethadol;
42.35 	(8) betameprodine;
43.1 	(9) betamethadol;
43.2 	(10) betaprodine;
43.3 	(11) clonitazene;
43.4 	(12) dextromoramide;
43.5 	(13) diampromide;
43.6 	(14) diethyliambutene;
43.7 	(15) difenoxin;
43.8 	(16) dimenoxadol;
43.9 	(17) dimepheptanol;
43.10 	(18) dimethyliambutene;
43.11 	(19) dioxaphetyl butyrate;
43.12 	(20) dipipanone;
43.13 	(21) ethylmethylthiambutene;
43.14 	(22) etonitazene;
43.15 	(23) etoxeridine;
43.16 	(24) furethidine;
43.17 	(25) hydroxypethidine;
43.18 	(26) ketobemidone;
43.19 	(27) levomoramide;
43.20 	(28) levophenacylmorphan;
43.21 	(29) 3-methylfentanyl;
43.22 	(30) acetyl-alpha-methylfentanyl;
43.23 	(31) alpha-methylthiofentanyl;
43.24 	(32) benzylfentanyl beta-hydroxyfentanyl;
43.25 	(33) beta-hydroxy-3-methylfentanyl;
43.26 	(34) 3-methylthiofentanyl;
43.27 	(35) thenylfentanyl;
43.28 	(36) thiofentanyl;
43.29 	(37) para-fluorofentanyl;
43.30 	(38) morpheridine;
43.31 	(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
43.32 	(40) noracymethadol;
43.33 	(41) norlevorphanol;
43.34 	(42) normethadone;
43.35 	(43) norpipanone;
43.36 	(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
44.1 	(45) phenadoxone;
44.2 	(46) phenampromide;
44.3 	(47) phenomorphan;
44.4 	(48) phenoperidine;
44.5 	(49) piritramide;
44.6 	(50) proheptazine;
44.7 	(51) properidine;
44.8 	(52) propiram;
44.9 	(53) racemoramide;
44.10 	(54) tilidine;
44.11 	(55) trimeperidine.
;44.12 	(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
44.13 	(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, 
44.14 	and salts of isomers, unless specifically excepted or unless listed in another schedule, 
44.15 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
44.16 	(1) acetorphine;
44.17 	(2) acetyldihydrocodeine;
44.18 	(3) benzylmorphine;
44.19 	(4) codeine methylbromide;
44.20 	(5) codeine-n-oxide;
44.21 	(6) cyprenorphine;
44.22 	(7) desomorphine;
44.23 	(8) dihydromorphine;
44.24 	(9) drotebanol;
44.25 	(10) etorphine;
44.26 	(11) heroin;
44.27 	(12) hydromorphinol;
44.28 	(13) methyldesorphine;
44.29 	(14) methyldihydromorphine;
44.30 	(15) morphine methylbromide;
44.31 	(16) morphine methylsulfonate;
44.32 	(17) morphine-n-oxide;
44.33 	(18) myrophine;
44.34 	(19) nicocodeine;
44.35 	(20) nicomorphine;
44.36 	(21) normorphine;
45.1 	(22) pholcodine;
45.2 	(23) thebacon.
45.3 	(d) Hallucinogens. Any material, compound, mixture or preparation which contains 
45.4 	any quantity of the following substances, their analogs, salts, isomers (whether optical, 
45.5 	positional, or geometric), and salts of isomers, unless specifically excepted or unless listed 
45.6 	in another schedule, whenever the existence of the analogs, salts, isomers, and salts of 
45.7 	isomers is possible:
45.8 	(1) methylenedioxy amphetamine;
45.9 	(2) methylenedioxymethamphetamine;
45.10 	(3) methylenedioxy-N-ethylamphetamine (MDEA);
45.11 	(4) n-hydroxy-methylenedioxyamphetamine;
45.12 	(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
45.13 	(6) 2,5-dimethoxyamphetamine (2,5-DMA);
45.14 	(7) 4-methoxyamphetamine;
45.15 	(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
45.16 	(9) alpha-ethyltryptamine;
45.17 	(10) bufotenine;
45.18 	(11) diethyltryptamine;
45.19 	(12) dimethyltryptamine;
45.20 	(13) 3,4,5-trimethoxy amphetamine;
45.21 	(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
45.22 	(15) ibogaine;
45.23 	(16) lysergic acid diethylamide (LSD);
45.24 	(17) mescaline;
45.25 	(18) parahexyl;
45.26 	(19) N-ethyl-3-piperidyl benzilate;
45.27 	(20) N-methyl-3-piperidyl benzilate;
45.28 	(21) psilocybin;
45.29 	(22) psilocyn;
45.30 	(23) tenocyclidine (TPCP or TCP);
45.31 	(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
45.32 	(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
45.33 	(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
45.34 	(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
45.35 	(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
45.36 	(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
46.1 	(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
46.2 	(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
46.3 	(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
46.4 	(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
46.5 	(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
46.6 	(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
46.7 	(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
46.8 	(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
46.9 	(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine 
46.10 	(2-CB-FLY);
46.11 	(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
46.12 	(40) alpha-methyltryptamine (AMT);
46.13 	(41) N,N-diisopropyltryptamine (DiPT);
46.14 	(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
46.15 	(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
46.16 	(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
46.17 	(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
46.18 	(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
46.19 	(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
46.20 	(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
46.21 	(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
46.22 	(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
46.23 	(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
46.24 	(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
46.25 	(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
46.26 	(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
46.27 	(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
46.28 	(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
46.29 	(57) methoxetamine (MXE);
46.30 	(58) 5-iodo-2-aminoindane (5-IAI);
46.31 	(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
46.32 	(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine 
46.33 	(25I-NBOMe).
46.34 	(e) Peyote. All parts of the plant presently classified botanically as Lophophora 
46.35 	williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part 
46.36 	of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation 
47.1 	of the plant, its seeds or extracts. The listing of peyote as a controlled substance in 
47.2 	Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies 
47.3 	of the American Indian Church, and members of the American Indian Church are exempt 
47.4 	from registration. Any person who manufactures peyote for or distributes peyote to the 
47.5 	American Indian Church, however, is required to obtain federal registration annually and 
47.6 	to comply with all other requirements of law.
47.7 	(f) Central nervous system depressants. Unless specifically excepted or unless listed 
47.8 	in another schedule, any material compound, mixture, or preparation which contains any 
47.9 	quantity of the following substances, their analogs, salts, isomers, and salts of isomers 
47.10 	whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
47.11 	(1) mecloqualone;
47.12 	(2) methaqualone;
47.13 	(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
47.14 	(4) flunitrazepam.
47.15 	(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any 
47.16 	material compound, mixture, or preparation which contains any quantity of the following 
47.17 	substances, their analogs, salts, isomers, and salts of isomers whenever the existence of 
47.18 	the analogs, salts, isomers, and salts of isomers is possible:
47.19 	(1) aminorex;
47.20 	(2) cathinone;
47.21 	(3) fenethylline;
47.22 	(4) methcathinone;
47.23 	(5) methylaminorex;
47.24 	(6) N,N-dimethylamphetamine;
47.25 	(7) N-benzylpiperazine (BZP);
47.26 	(8) methylmethcathinone (mephedrone);
47.27 	(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
47.28 	(10) methoxymethcathinone (methedrone);
47.29 	(11) methylenedioxypyrovalerone (MDPV);
47.30 	(12) fluoromethcathinone;
47.31 	(13) methylethcathinone (MEC);
47.32 	(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
47.33 	(15) dimethylmethcathinone (DMMC);
47.34 	(16) fluoroamphetamine;
47.35 	(17) fluoromethamphetamine;
47.36 	(18) α-methylaminobutyrophenone (MABP or buphedrone);
48.1 	(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
48.2 	(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
48.3 	(21) naphthylpyrovalerone (naphyrone); and
48.4 	(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or 
48.5 	alpha-pyrrolidinovalerophenone;
48.6 	(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP oe 
48.7 	MPHP); and
48.8 	(22) (24) any other substance, except bupropion or compounds listed under a 
48.9 	different schedule, that is structurally derived from 2-aminopropan-1-one by substitution 
48.10 	at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not 
48.11 	the compound is further modified in any of the following ways:
48.12 	(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, 
48.13 	haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring 
48.14 	system by one or more other univalent substituents;
48.15 	(ii) by substitution at the 3-position with an acyclic alkyl substituent;
48.16 	(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or 
48.17 	methoxybenzyl groups; or
48.18 	(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
48.19 	(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless 
48.20 	specifically excepted or unless listed in another schedule, any natural or synthetic material, 
48.21 	compound, mixture, or preparation that contains any quantity of the following substances, 
48.22 	their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, 
48.23 	whenever the existence of the isomers, esters, ethers, or salts is possible:
48.24 	(1) marijuana;
48.25 	(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, 
48.26 	synthetic equivalents of the substances contained in the cannabis plant or in the 
48.27 	resinous extractives of the plant, or synthetic substances with similar chemical structure 
48.28 	and pharmacological activity to those substances contained in the plant or resinous 
48.29 	extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans 
48.30 	tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
48.31 	(3) synthetic cannabinoids, including the following substances:
48.32 	(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole 
48.33 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
48.34 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
48.35 	2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any 
49.1 	extent and whether or not substituted in the naphthyl ring to any extent. Examples of 
49.2 	naphthoylindoles include, but are not limited to:
49.3 	(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
49.4 	(B) 1-Butul-3-(1-naphthoyl)indole 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
49.5 	(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
49.6 	(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
49.7 	(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
49.8 	(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
49.9 	(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
49.10 	(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
49.11 	(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
49.12 	(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
49.13 	(ii) Napthylmethylindoles, which are any compounds containing a 
49.14 	1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom 
49.15 	of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
49.16 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further 
49.17 	substituted in the indole ring to any extent and whether or not substituted in the naphthyl 
49.18 	ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
49.19 	(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
49.20 	(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
49.21 	(iii) Naphthoylpyrroles, which are any compounds containing a 
49.22 	3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the 
49.23 	pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
49.24 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
49.25 	further substituted in the pyrrole ring to any extent, whether or not substituted in the 
49.26 	naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, 
49.27 	(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
49.28 	(iv) Naphthylmethylindenes, which are any compounds containing a 
49.29 	naphthylideneindene structure with substitution at the 3-position of the indene 
49.30 	ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
49.31 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further 
49.32 	substituted in the indene ring to any extent, whether or not substituted in the naphthyl 
49.33 	ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, 
49.34 	E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
49.35 	(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole 
49.36 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
50.1 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
50.2 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
50.3 	any extent, whether or not substituted in the phenyl ring to any extent. Examples of 
50.4 	phenylacetylindoles include, but are not limited to:
50.5 	(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
50.6 	(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
50.7 	(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
50.8 	(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
50.9 	(vi) Cyclohexylphenols, which are compounds containing a 
50.10 	2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position 
50.11 	of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 
50.12 	1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not 
50.13 	substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, 
50.14 	but are not limited to:
50.15 	(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
50.16 	(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol 
50.17 	(Cannabicyclohexanol or CP 47,497 C8 homologue);
50.18 	(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] 
50.19 	-phenol (CP 55,940).
50.20 	(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole 
50.21 	structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, 
50.22 	alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 
50.23 	2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to 
50.24 	any extent and whether or not substituted in the phenyl ring to any extent. Examples of 
50.25 	benzoylindoles include, but are not limited to:
50.26 	(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
50.27 	(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
50.28 	(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone 
50.29 	(WIN 48,098 or Pravadoline).
50.30 	(viii) Others specifically named:
50.31 	(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
50.32 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
50.33 	(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 
50.34 	-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
50.35 	(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de] 
50.36 	-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
51.1 	(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
51.2 	(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone 
51.3 	(XLR-11);
51.4 	(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide 
51.5 	(AKB-48(APINACA));
51.6 	(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide 
51.7 	(5-Fluoro-AKB-48);
51.8 	(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
51.9 	(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro 
51.10 	PB-22).;
51.11 	(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 
51.12 	3-carboxamide (AB-PINACA);
51.13 	(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 
51.14 	1H-indazole-3-carboxamide (AB-FUBINACA).
51.15 	(i) A controlled substance analog, to the extent that it is implicitly or explicitly 
51.16 	intended for human consumption.

51.17 	Sec. 20. Minnesota Statutes 2012, section 152.02, subdivision 8b, is amended to read:
51.18 		Subd. 8b.Board of Pharmacy; expedited scheduling of additional substances.
 51.19 	(a) The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that 
51.20 	it finds that the substance has a high potential for abuse, has no currently accepted medical 
51.21 	use in the United States, has a lack of accepted safety for use under medical supervision, 
51.22 	has known adverse health effects, and is currently available for use within the state. For 
51.23 	the purposes of this subdivision only, the board may use the expedited rulemaking process 
51.24 	under section 14.389. The scheduling of a substance under this subdivision expires the 
51.25 	day after the adjournment of the legislative session immediately following the substance's 
51.26 	scheduling unless the legislature by law ratifies the action.
51.27 	(b) If the board schedules a substance under this subdivision, the board shall notify 
51.28 	in a timely manner the chairs and ranking minority members of the senate and house of 
51.29 	representatives committees having jurisdiction over criminal justice and health policy 
51.30 	and finance of the action and the reasons for it. The notice must include a copy of the 
51.31 	administrative law judge's decision on the matter.
51.32 	(c) This subdivision expires August 1, 2014.