HF 923

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:21pm

A bill for an act
relating to health care; providing for emergency prescription refills; amending
Minnesota Statutes 2018, sections 151.01, subdivision 23; 151.211, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2018, section 151.01, subdivision 23, is amended to read:

Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, or licensed
advanced practice registered nurse. For purposes of sections 151.15, subdivision 4; 151.252,
subdivision 3; 151.37, subdivision 2, paragraphs (b), (e), and (f); and 151.461, "practitioner"
also means a physician assistant authorized to prescribe, dispense, and administer under
chapter 147A. For purposes of sections 151.15, subdivision 4; new text begin 151.211, subdivision 3;
new text end 151.252, subdivision 3; 151.37, subdivision 2, paragraph (b); and 151.461, "practitioner"
also means a dental therapist authorized to dispense and administer under chapter 150A.

Sec. 2.

Minnesota Statutes 2018, section 151.211, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Emergency prescription refills. new text end

new text begin (a) Notwithstanding subdivision 2, a pharmacist
may dispense a prescription drug, other than a Schedule II controlled substance, without a
written, electronic, or oral prescription order from a practitioner, if all of the following
conditions are met:
new text end

new text begin (1) the patient has been on a consistent drug therapy as demonstrated by records
maintained by the pharmacy;
new text end

new text begin (2) the pharmacy at which the pharmacist works has a record of the prescription for the
drug in the name of the patient who is requesting it, but the prescription does not provide
for a refill or the time permitted for providing refills has elapsed and the prescriber has not
indicated that no refills are authorized;
new text end

new text begin (3) the pharmacist is unable to obtain authorization to refill the prescription from the
practitioner who issued the prescription or another practitioner responsible for the patient's
care; and
new text end

new text begin (4) in the exercise of the pharmacist's professional judgment:
new text end

new text begin (i) the drug is essential to sustain the life of the patient or continue therapy for a chronic
condition of the patient; and
new text end

new text begin (ii) failure to dispense the drug to the patient could result in harm to the health of the
patient.
new text end

new text begin (b) If the conditions in paragraph (a) are met, the amount of the drug dispensed or sold
by the pharmacist to the patient must not exceed a 30-day supply as provided in the
prescription or, if the standard unit of dispensing for the drug exceeds a 30-day supply, the
amount of the drug dispensed or sold must not exceed the standard unit of dispensing.
new text end

new text begin (c) A pharmacist shall not dispense or sell the same drug to the same patient as provided
in this section more than one time in any 12-month period.
new text end

new text begin (d) A pharmacist must notify the practitioner who issued the prescription drug order no
later than 72 hours after the drug is dispensed.
new text end

new text begin (e) A record of the drug dispensed under this section shall be maintained in the same
manner required for prescription drug orders under this section.
new text end