1.1 	A bill for an act
1.2 	relating to health; prohibiting a pharmacist from refusing to dispense legend 
1.3 	drugs; providing disciplinary action; proposing coding for new law in Minnesota 
1.4 	Statutes, chapter 151.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [151.155] PROHIBITION AGAINST REFUSAL TO DISPENSE 
1.7 	LEGEND DRUGS.
1.8 		Subdivision 1.Prohibition.  No pharmacist licensed under this chapter shall refuse 
1.9 	to dispense a legend drug pursuant to a valid prescription for any reason other than the 
1.10 	exceptions described in subdivision 2. 
1.11 		Subd. 2.Exceptions.  A pharmacist may refuse to fill a valid prescription only if: 
1.12 	(1) based on the pharmacist's professional training and judgment, the pharmacist 
1.13 	determines that according to standard pharmacy practice, dispensing the drug or device 
1.14 	according to the prescription or order would cause a medical problem to the patient for 
1.15 	whom the prescription or order was prescribed due to: (i) therapeutic duplications; (ii) 
1.16 	drug-disease contraindications; (iii) drug interactions, including serious interactions with 
1.17 	other prescription and over-the-counter medications; (iv) incorrect dosage or duration of 
1.18 	drug treatment; (v) drug allergy interactions; or (vi) drug abuse or misuse; or 
1.19 	(2) the legend drug or device is not in stock; in which case, the pharmacist must offer 
1.20 	the patient the following options, and perform the option that is chosen by the patient, 
1.21 	without delay:
1.22 	(i) the pharmacist will obtain the drug or device under the pharmacy's standard 
1.23 	procedures for expedited ordering of any drug or device not in stock; 
2.1 	(ii) the pharmacist will locate a pharmacy or other health care facility of the patient's 
2.2 	choice that has the drug or device in stock and transfer the prescription under its standard 
2.3 	procedures for transferring prescriptions for drugs or devices; or 
2.4 	(iii) the unfilled prescription will be returned to the patient and the pharmacist will 
2.5 	refer the patient to the nearest pharmacy or other health care facility that has the drug 
2.6 	or device in stock. 
2.7 		Subd. 3.Penalty.  Any licensed pharmacist who refuses to fill or dispense any 
2.8 	prescription or medication in violation of this section shall be subject to disciplinary 
2.9 	action by the Board of Pharmacy.