1.1 	A bill for an act
1.2 	relating to health; authorizing pharmacists to prescribe tobacco cessation 
1.3 	medications, opiate antagonists, and travel medications;amending Minnesota 
1.4 	Statutes 2016, section 151.01, subdivisions 23, 27, by adding a subdivision; 
1.5 	proposing coding for new law in Minnesota Statutes, chapter 151.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2016, section 151.01, subdivision 23, is amended to read:
1.8 		Subd. 23.Practitioner. "Practitioner" means a licensed doctor of medicine, licensed 
1.9 	doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of 
1.10 	dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, or licensed 
1.11 	advanced practice registered nurse. For purposes of sections 151.15, subdivision 4; 151.252, 
1.12 	subdivision 3; 151.37, subdivision 2, paragraphs (b), (e), and (f); and 151.461, "practitioner"
1.13 	also means a physician assistant authorized to prescribe, dispense, and administer under 
1.14 	chapter 147A. For purposes of sections 151.15, subdivision 4; 151.252, subdivision 3; 
1.15 	151.37, subdivision 2, paragraph (b); and 151.461, "practitioner" also means a dental therapist 
1.16 	authorized to dispense and administer under chapter 150A. For purposes of sections 151.216; 
1.17 	151.252, subdivision 3; and 151.461, practitioner also means a pharmacist authorized to 
1.18 	prescribe tobacco cessation medications approved by the Food and Drug Administration 
1.19 	(FDA) but excluding bupropion, opiate antagonists, and travel medications under section 
1.20 	151.216.

1.21 	Sec. 2. Minnesota Statutes 2016, section 151.01, subdivision 27, is amended to read:
1.22 		Subd. 27.Practice of pharmacy. "Practice of pharmacy" means:
1.23 	(1) interpretation and evaluation of prescription drug orders;
2.1 	(2) compounding, labeling, and dispensing drugs and devices (except labeling by a 
2.2 	manufacturer or packager of nonprescription drugs or commercially packaged legend drugs 
2.3 	and devices);
2.4 	(3) participation in clinical interpretations and monitoring of drug therapy for assurance 
2.5 	of safe and effective use of drugs, including the performance of laboratory tests that are 
2.6 	waived under the federal Clinical Laboratory Improvement Act of 1988, United States Code, 
2.7 	title 42, section 263a et seq., provided that a pharmacist may interpret the results of laboratory 
2.8 	tests but may modify drug therapy only pursuant to a protocol or collaborative practice 
2.9 	agreement;
2.10 	(4) participation in drug and therapeutic device selection; drug administration for first 
2.11 	dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
2.12 	(5) participation in administration of influenza vaccines to all eligible individuals six 
2.13 	years of age and older and all other vaccines to patients 13 years of age and older by written 
2.14 	protocol with a physician licensed under chapter 147, a physician assistant authorized to 
2.15 	prescribe drugs under chapter 147A, or an advanced practice registered nurse authorized to 
2.16 	prescribe drugs under section 148.235, provided that:
2.17 	(i) the protocol includes, at a minimum:
2.18 	(A) the name, dose, and route of each vaccine that may be given;
2.19 	(B) the patient population for whom the vaccine may be given;
2.20 	(C) contraindications and precautions to the vaccine;
2.21 	(D) the procedure for handling an adverse reaction;
2.22 	(E) the name, signature, and address of the physician, physician assistant, or advanced 
2.23 	practice registered nurse;
2.24 	(F) a telephone number at which the physician, physician assistant, or advanced practice 
2.25 	registered nurse can be contacted; and
2.26 	(G) the date and time period for which the protocol is valid;
2.27 	(ii) the pharmacist has successfully completed a program approved by the Accreditation 
2.28 	Council for Pharmacy Education specifically for the administration of immunizations or a 
2.29 	program approved by the board;
2.30 	(iii) the pharmacist utilizes the Minnesota Immunization Information Connection to 
2.31 	assess the immunization status of individuals prior to the administration of vaccines, except 
2.32 	when administering influenza vaccines to individuals age nine and older;
3.1 	(iv) the pharmacist reports the administration of the immunization to the Minnesota 
3.2 	Immunization Information Connection; and
3.3 	(v) the pharmacist complies with guidelines for vaccines and immunizations established 
3.4 	by the federal Advisory Committee on Immunization Practices, except that a pharmacist 
3.5 	does not need to comply with those portions of the guidelines that establish immunization 
3.6 	schedules when administering a vaccine pursuant to a valid, patient-specific order issued 
3.7 	by a physician licensed under chapter 147, a physician assistant authorized to prescribe 
3.8 	drugs under chapter 147A, or an advanced practice nurse authorized to prescribe drugs 
3.9 	under section 148.235, provided that the order is consistent with the United States Food 
3.10 	and Drug Administration approved labeling of the vaccine;
3.11 	(6) participation in the initiation, management, modification, and discontinuation of 
3.12 	drug therapy according to a written protocol or collaborative practice agreement between: 
3.13 	(i) one or more pharmacists and one or more dentists, optometrists, physicians, podiatrists, 
3.14 	or veterinarians; or (ii) one or more pharmacists and one or more physician assistants 
3.15 	authorized to prescribe, dispense, and administer under chapter 147A, or advanced practice 
3.16 	nurses authorized to prescribe, dispense, and administer under section 148.235. Any changes 
3.17 	in drug therapy made pursuant to a protocol or collaborative practice agreement must be 
3.18 	documented by the pharmacist in the patient's medical record or reported by the pharmacist 
3.19 	to a practitioner responsible for the patient's care;
3.20 	(7) participation in the storage of drugs and the maintenance of records;
3.21 	(8) patient counseling on therapeutic values, content, hazards, and uses of drugs and 
3.22 	devices;
3.23 	(9) offering or performing those acts, services, operations, or transactions necessary in 
3.24 	the conduct, operation, management, and control of a pharmacy; and
3.25 	(10) participation in the initiation, management, modification, and discontinuation of 
3.26 	therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:
3.27 	(i) a written protocol as allowed under clause (6); or
3.28 	(ii) a written protocol with a community health board medical consultant or a practitioner 
3.29 	designated by the commissioner of health, as allowed under section 151.37, subdivision 13; 
3.30 	and
3.31 	(11) prescribing tobacco cessation medications approved by the FDA but excluding 
3.32 	bupropion, opiate antagonists, and travel medications pursuant to section 151.216.

4.1 	Sec. 3. Minnesota Statutes 2016, section 151.01, is amended by adding a subdivision to 
4.2 	read:
4.3 		Subd. 42.Travel medication. "Travel medication" means a medication that is 
4.4 	recommended by the federal Centers for Disease Control and Prevention for individuals 
4.5 	traveling outside of the United States.

4.6 	Sec. 4. [151.216] PHARMACIST PRESCRIBING.
4.7 		Subdivision 1.Tobacco cessation medications, opiate antagonists, and travel 
4.8 	medications. (a) A pharmacist is authorized to prescribe tobacco cessation medications 
4.9 	approved by the Food and Drug Administration (FDA) but excluding bupropion, opiate 
4.10 	antagonists for the purpose of treating opioid overdose, and travel medications.
4.11 	(b) A pharmacist who prescribes products or medications under this subdivision must 
4.12 	provide the patient with a written record of the product or medication prescribed by the 
4.13 	pharmacist.
4.14 	(c) A pharmacist who prescribes products or medications under this subdivision is 
4.15 	prohibited from delegating the prescribing of the product or medication to any other person, 
4.16 	but may allow a pharmacist intern who is registered pursuant to section 151.101 to prepare 
4.17 	a prescription for the product or medication, provided that the prescription shall not be 
4.18 	processed or dispensed until it is reviewed, approved, and signed by the pharmacist.
4.19 	(d) The board shall develop standardized protocols that pharmacists must follow in order 
4.20 	to prescribe products and medications under this subdivision. In developing the protocols, 
4.21 	the board shall consult with the Minnesota Board of Medical Practice, the Minnesota Board 
4.22 	of Nursing, the commissioner of health, professional pharmacy associations, and professional 
4.23 	associations of physicians, physician assistants, and advanced practice registered nurses.
4.24 	(e) Nothing in this subdivision prohibits a pharmacist from participating in the initiation, 
4.25 	management, modification, and discontinuation of therapy through a protocol as allowed 
4.26 	in this section or section 151.37, subdivisions 2 and 13.
4.27 		Subd. 2.Insurance coverage. All state and federal laws governing insurance coverage 
4.28 	of tobacco cessation medications approved by the FDA but excluding bupropion, opiate 
4.29 	antagonists, and travel medications, and related services, shall apply when those products 
4.30 	are prescribed by a pharmacist under this section.