SF 3783
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/06/2026 09:27 a.m.
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A bill for an act
relating to health; amending the definition of compounding of a drug to exempt
the use of a flavoring agent; amending Minnesota Statutes 2024, section 151.01,
subdivision 35, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 151.01, subdivision 35, is amended to read:
Subd. 35.
Compounding.
"Compounding" means preparing, mixing, assembling,
packaging, and labeling a drug for an identified individual patient as a result of a practitioner's
prescription drug order. Compounding also includes anticipatory compounding, as defined
in this section, and the preparation of drugs in which all bulk drug substances and components
are nonprescription substances. Compounding does not include mixing or reconstituting a
drug according to the product's labeling or to the manufacturer's directions, provided that
such labeling has been approved by the United States Food and Drug Administration (FDA)
or the manufacturer is licensed under section 151.252. Compounding does not include the
preparation of a drug for the purpose of, or incident to, research, teaching, or chemical
analysis, provided that the drug is not prepared for dispensing or administration to patients.
All compounding, regardless of the type of product, must be done pursuant to a prescription
drug order unless otherwise permitted in this chapter or by the rules of the board.
Compounding does not include a minor deviation from such directions with regard to
radioactivity, volume, or stability, which is made by or under the supervision of a licensed
nuclear pharmacist or a physician, and which is necessary in order to accommodate
circumstances not contemplated in the manufacturer's instructions, such as the rate of
radioactive decay or geographical distance from the patient.new text begin Compounding does not include
the use of a flavoring agent to flavor a drug.
new text end
Sec. 2.
Minnesota Statutes 2024, section 151.01, is amended by adding a subdivision to
read:
new text begin Subd. 44. new text end
new text begin Flavoring agent. new text end
new text begin
"Flavoring agent" means a therapeutically inert, nonallergenic
substance consisting of inactive ingredients that is added to a drug to improve the drug's
taste and palatability.
new text end