Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

HF 1217

5th Engrossment - 86th Legislature (2009 - 2010) Posted on 04/08/2010 08:25am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2009
1st Engrossment Posted on 02/12/2010
2nd Engrossment Posted on 02/22/2010
3rd Engrossment Posted on 03/01/2010
4th Engrossment Posted on 03/11/2010
5th Engrossment Posted on 04/08/2010

Current Version - 5th Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22
1.23
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14
2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30
3.31

A bill for an act
relating to health; expanding categories of persons allowed to possess legend and
nonprescription drugs to include those disposing of them; modifying definitions;
amending Minnesota Statutes 2008, sections 151.37, subdivisions 6, 7; 151.44.

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

Section 1.

Minnesota Statutes 2008, section 151.37, subdivision 6, is amended to read:


Subd. 6.

Exclusion for course of employment.

new text begin(a) new text endNothing in this chapter shall
prohibit the possession of a legend drug by an employee, agent, or sales representative of
a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
or registered pharmacy, while acting in the course of employment.

new text begin (b) Nothing in this chapter shall prohibit the following entities from possessing a
legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
new text end

new text begin (1) a law enforcement officer;
new text end

new text begin (2) a hazardous waste transporter licensed by the Department of Transportation;
new text end

new text begin (3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
hazardous waste, including household hazardous waste;
new text end

new text begin (4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
very small quantity generator collection program or a minimal generator;
new text end

new text begin (5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
a program in compliance with applicable federal law or a person authorized by the county
to conduct one or more of these activities; or
new text end

new text begin (6) a sanitary district organized under chapter 115, or a special law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 151.37, subdivision 7, is amended to read:


Subd. 7.

Exclusion for prescriptions.

new text begin(a) new text endNothing in this chapter shall prohibit the
possession of a legend drug by a person for that person's use when it has been dispensed to
the person in accordance with a deleted text beginwritten or oraldeleted text endnew text begin validnew text end prescription new text beginissued new text endby a practitioner.

new text begin (b) new text endNothing in this chapter shall prohibit a person, for whom a legend drug has
been dispensed in accordance with a written or oral prescription by a practitioner, from
designating a family member, caregiver, or other individual to handle the legend drug for
the purpose of assisting the person in obtaining or administering the drugnew text begin or sending
the drug for destruction
new text end.

new text begin (c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
been dispensed in accordance with a valid prescription issued by a practitioner from
transferring the legend drug to a county that collects, stores, transports, or disposes of a
legend drug pursuant to a program in compliance with applicable federal law or to a
person authorized by the county to conduct one or more of these activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2008, section 151.44, is amended to read:


151.44 DEFINITIONS.

As used in sections 151.43 to 151.51, the following terms have the meanings given
in paragraphs (a) to deleted text begin(f)deleted text endnew text begin (h)new text end:

(a) "Wholesale drug distribution" means distribution of prescription new text beginor
nonprescription
new text enddrugs to persons other than a consumer or patientnew text begin or reverse distribution
of such drugs
new text end, but does not include:

(1) a sale between a division, subsidiary, parent, affiliated, or related company under
the common ownership and control of a corporate entity;

(2) the purchase or other acquisition, by a hospital or other health care entity that is a
member of a group purchasing organization, of a drug for its own use from the organization
or from other hospitals or health care entities that are members of such organizations;

(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;

(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common control;

(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
for emergency medical reasons;

(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription;

(7) the transfer of prescription new text beginor nonprescription new text enddrugs by a retail pharmacy to
another retail pharmacy to alleviate a temporary shortage;

(8) the distribution of prescription new text beginor nonprescription new text enddrug samples by manufacturers
representatives; or

(9) the sale, purchase, or trade of blood and blood components.

(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
distribution including, but not limited to, manufacturers; repackers; own-label distributors;
jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses,
chain drug warehouses, and wholesale drug warehouses; independent wholesale drug
traders; and pharmacies that conduct wholesale drug distribution. A wholesale drug
distributor does not include a common carrier or individual hired primarily to transport
prescription new text beginor nonprescription new text enddrugs.

(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a
prescription drug.

(d) "Prescription drug" means a drug required by federal or state law or regulation
to be dispensed only by a prescription, including finished dosage forms and active
ingredients subject to United States Code, title 21, sections 811 and 812.

(e) "Blood" means whole blood collected from a single donor and processed either
for transfusion or further manufacturing.

(f) "Blood components" means that part of blood separated by physical or
mechanical means.

new text begin (g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
received from or shipped to Minnesota locations for the purpose of returning the drugs
to their producers or distributors.
new text end

new text begin (h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end