SF 5140

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/16/2026 09:15 a.m.

A bill for an act
relating to health occupations; authorizing the operation of remote pickup sites
from which patients may obtain drugs and devices dispensed by a managing
pharmacy; authorizing rulemaking; amending Minnesota Statutes 2024, section
151.19, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter
151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 151.19, subdivision 1, is amended to read:

Subdivision 1.

Pharmacy licensure requirements.

(a) No person shall operate a
pharmacy without first obtaining a license from the board and paying any applicable fee
specified in section 151.065. The license shall be displayed in a conspicuous place in the
pharmacy for which it is issued and expires on June 30 following the date of issue. It is
unlawful for any person to operate a pharmacy unless the license has been issued to the
person by the board.

(b) Application for a pharmacy license under this section shall be made in a manner
specified by the board.

(c) No license shall be issued or renewed for a pharmacy located within the state unless
the applicant agrees to operate the pharmacy in a manner prescribed by federal and state
law and according to rules adopted by the board. No license shall be issued for a pharmacy
located outside of the state unless the applicant agrees to operate the pharmacy in a manner
prescribed by federal law and, when dispensing medications for residents of this state, the
laws of this state, and Minnesota Rules.

(d) No license shall be issued or renewed for a pharmacy that is required to be licensed
or registered by the state in which it is physically located unless the applicant supplies the
board with proof of such licensure or registration.

(e) The board shall require a separate license for each pharmacy located within the state
and for each pharmacy located outside of the state at which any portion of the dispensing
process occurs for drugs dispensed to residents of this state. new text begin A remote pickup site operating
in compliance with section 151.59 operates under the authority of the managing pharmacy's
license and is not required to hold a separate pharmacy license.
new text end

(f) Prior to the issuance of an initial or renewed license for a pharmacy, the board may
require the pharmacy to pass an inspection conducted by an authorized representative of
the board. In the case of a pharmacy located outside of the state, the board may require the
applicant to pay the cost of the inspection, in addition to the license fee in section 151.065,
unless the applicant furnishes the board with a report, issued by the appropriate regulatory
agency of the state in which the facility is located, of an inspection that has occurred within
the 24 months immediately preceding receipt of the license application by the board. The
board may deny licensure unless the applicant submits documentation satisfactory to the
board that any deficiencies noted in an inspection report have been corrected.

(g) The board shall not issue an initial or renewed license for a pharmacy located outside
of the state unless the applicant discloses and certifies:

(1) the location, names, and titles of all principal corporate officers and all pharmacists
who are involved in dispensing drugs to residents of this state;

(2) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;

(3) that it agrees to cooperate with, and provide information to, the board concerning
matters related to dispensing drugs to residents of this state;

(4) that, during its regular hours of operation, but no less than six days per week, for a
minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state; and

(5) that, upon request of a resident of a long-term care facility located in this state, the
resident's authorized representative, or a contract pharmacy or licensed health care facility
acting on behalf of the resident, the pharmacy will dispense medications prescribed for the
resident in unit-dose packaging or, alternatively, comply with section 151.415, subdivision
5.

(h) This subdivision does not apply to a manufacturer licensed under section 151.252,
subdivision 1, a wholesale drug distributor licensed under section 151.47, or a third-party
logistics provider, to the extent the manufacturer, wholesale drug distributor, or third-party
logistics provider is engaged in the distribution of dialysate or devices necessary to perform
home peritoneal dialysis on patients with end-stage renal disease, if:

(1) the manufacturer or its agent leases or owns the licensed manufacturing or wholesaling
facility from which the dialysate or devices will be delivered;

(2) the dialysate is comprised of dextrose or icodextrin and has been approved by the
United States Food and Drug Administration;

(3) the dialysate is stored and delivered in its original, sealed, and unopened
manufacturer's packaging;

(4) the dialysate or devices are delivered only upon:

(i) receipt of a physician's order by a Minnesota licensed pharmacy; and

(ii) the review and processing of the prescription by a pharmacist licensed by the state
in which the pharmacy is located, who is employed by or under contract to the pharmacy;

(5) prescriptions, policies, procedures, and records of delivery are maintained by the
manufacturer for a minimum of three years and are made available to the board upon request;
and

(6) the manufacturer or the manufacturer's agent delivers the dialysate or devices directly
to:

(i) a patient with end-stage renal disease for whom the prescription was written or the
patient's designee, for the patient's self-administration of the dialysis therapy; or

(ii) a health care provider or institution, for administration or delivery of the dialysis
therapy to a patient with end-stage renal disease for whom the prescription was written.

Sec. 2.

new text begin [151.59] REMOTE PICKUP SITES TO OBTAIN LEGEND DRUGS AND
DEVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Grocery store" means a retail establishment that sells primarily meat, fish, seafood,
fruits, vegetables, dry groceries, and dairy products and may also sell household products,
sundries, and other products.
new text end

new text begin (c) "Managing pharmacy" means a licensed pharmacy that controls and is responsible
for the operation of a remote pickup site.
new text end

new text begin (d) "Remote pickup site" means a location other than the site of the managing pharmacy
at which a patient or a patient's designee may obtain legend drugs and devices dispensed
for the patient by a pharmacist at the managing pharmacy.
new text end

new text begin Subd. 2. new text end

new text begin Designation of remote pickup site. new text end

new text begin (a) A managing pharmacy may designate
one or more grocery stores as remote pickup sites at which a patient or a patient's designee
may obtain legend drugs and devices dispensed for the patient by a pharmacist at the
managing pharmacy. A managing pharmacy must only transfer to a remote pickup site
legend drugs and devices dispensed to refill a patient's prescription. For legend drugs the
refill must be of the same strength, dosage, and administration frequency as that of the
patient's most recent prior prescription. A managing pharmacy must not transfer to a remote
pickup site a legend drug or device dispensed for a patient according to a new prescription
or according to a prescription for a different strength, dosage, or administration frequency
of the legend drug than the strength, dosage, or administration frequency in the patient's
most recent prior prescription.
new text end

new text begin (b) A managing pharmacy and the pharmacist in charge are responsible for the operation
of the managing pharmacy's remote pickup sites. A managing pharmacy operating a remote
pickup site retains control over the legend drugs and devices held at the remote pickup site.
A remote pickup site must operate in compliance with this section.
new text end

new text begin Subd. 3. new text end

new text begin Board approval. new text end

new text begin (a) To operate a remote pickup site, a managing pharmacy
must obtain approval from the board. A managing pharmacy seeking to operate a remote
pickup site must apply to the board in a form and manner specified by the board. An
application to operate a remote pickup site must include, at a minimum:
new text end

new text begin (1) the name, address, and license number of the managing pharmacy;
new text end

new text begin (2) the name, address, and license number of the managing pharmacy's pharmacist in
charge;
new text end

new text begin (3) the name and address of the remote pickup site;
new text end

new text begin (4) the policies, procedures, and security requirements for the remote pickup site; and
new text end

new text begin (5) a sample of the log that patients and patients' designees must sign to acknowledge
receipt of legend drugs and devices at the remote pickup site and of any other forms to be
used at the remote pickup site.
new text end

new text begin (b) The board must review the application and accompanying materials and may approve
the operation of a remote pickup site if the application demonstrates the site will operate in
compliance with this section and in a manner that ensures patient safety and the security of
the legend drugs and devices held at the site.
new text end

new text begin (c) A managing pharmacy must notify the board within seven days after ceasing to
operate a remote pickup site.
new text end

new text begin Subd. 4. new text end

new text begin Storage of legend drugs and devices. new text end

new text begin (a) Legend drugs and devices must be
placed in a locked cabinet, locked drawer, or secure kiosk immediately upon delivery to a
remote pickup site and must be stored in the locked cabinet, locked drawer, or secure kiosk
while at the remote pickup site.
new text end

new text begin (b) Each legend drug or device in the locked cabinet, locked drawer, or secure kiosk
must be in a container inside an opaque bag that is stapled shut or otherwise sealed. The
opaque bag must not have any text on the outside of the bag other than the patient's name
and the name of a patient's designee if an individual other than the patient will pick up the
legend drug or device. A receipt must be placed inside the bag.
new text end

new text begin Subd. 5. new text end

new text begin Access and pickup. new text end

new text begin (a) Staff at a remote pickup site must be designated by the
managing pharmacy's pharmacist in charge and must complete training as required by the
board in order to:
new text end

new text begin (1) place legend drugs and devices in the remote pickup site's locked cabinet, locked
drawer, or secure kiosk;
new text end

new text begin (2) remove legend drugs and devices from the locked cabinet or locked drawer to provide
to patients and patients' designees; and
new text end

new text begin (3) inventory legend drugs and devices as required under subdivision 7.
new text end

new text begin (b) Before removing a legend drug or device from a locked cabinet or locked drawer to
provide to a patient or patient's designee or allowing a patient or patient's designee to access
a secure kiosk, a staff person must verify the identity of the patient or patient's designee by
examining a valid state driver's license, valid state identification card, Tribal identification
card, or other government-issued identification card. Following verification of identity, the
patient or patient's designee must sign a paper or electronic log maintained at the remote
pickup site to verify receipt of the legend drug or device. When not being used to provide
a legend drug or device, the log must be maintained in a secure location.
new text end

new text begin (c) A secure kiosk must require a patient or patient's designee to use a unique identifier
to access the patient's legend drug or device held in the kiosk. The secure kiosk must maintain
a record of the date and time the patient or the patient's designee removes a legend drug or
device from the kiosk.
new text end

new text begin Subd. 6. new text end

new text begin Patient counseling. new text end

new text begin The pharmacist in charge for a remote pickup site must
establish a process:
new text end

new text begin (1) to offer patient counseling, through electronic or written means or over the telephone,
to a patient or patient's designee picking up a legend drug or device at the remote pickup
site; and
new text end

new text begin (2) to communicate to a patient or a patient's designee the steps to take to obtain a
replacement if the integrity of the legend drug or device is compromised before the patient
obtains the legend drug or device at the remote pickup site.
new text end

new text begin Subd. 7. new text end

new text begin Records; compliance. new text end

new text begin (a) The pharmacist in charge of a remote pickup site
must maintain a record of all legend drugs and devices delivered to the remote pickup site.
At least once every seven days, a staff person at the remote pickup site who has been
designated by the pharmacist in charge and completed training as required by the board
must inventory the legend drugs and devices at the remote pickup site and must provide the
pharmacist in charge with a list of legend drugs and devices at the remote pickup site. The
remote pickup site must have a policy for the return to the managing pharmacy or disposal
of legend drugs and devices that are not picked up.
new text end

new text begin (b) The pharmacist in charge must maintain a list of staff at the remote pickup site who
have received training and have access to legend drugs and devices at the remote pickup
site. The pharmacist in charge or a designee must:
new text end

new text begin (1) at least annually, review with staff at a remote pickup site authorized to access
medications the remote pickup site's policies, procedures, and security requirements;
new text end

new text begin (2) maintain documentation of this review; and
new text end

new text begin (3) visit the remote pickup site at least every 30 days to ensure the remote pickup site
is operating in compliance with the site's policies, procedures, and security requirements.
new text end

new text begin Subd. 8. new text end

new text begin Rulemaking. new text end

new text begin The board may adopt rules to implement this section.
new text end