Minnesota Legislature
HF 1659
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 04:00pm
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A bill for an act
relating to health; modifying definitions; increasing the permitted ratio of
pharmacy technicians to pharmacists; increasing the size of the Board of
Pharmacy; amending Minnesota Statutes 2014, sections 151.01, subdivisions
15a, 27; 151.02; 151.102.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 151.01, subdivision 15a, is amended to read:
Subd. 15a.
Pharmacy technician.
"Pharmacy technician" means a person not
licensed as a pharmacist or new text begin registered as new text end a pharmacist intern, who deleted text begin assists the pharmacist
in the preparation and dispensing of medications by performing computer entry of
prescription data and other manipulative tasks. A pharmacy technician shall not perform
tasks specifically reserved to a licensed pharmacist or requiringdeleted text end new text begin has been trained in
pharmacy tasks that do not require thenew text end professional judgmentnew text begin of a licensed pharmacist. A
pharmacy technician may not perform tasks specifically reserved to a licensed pharmacistnew text end .
Sec. 2.
Minnesota Statutes 2014, section 151.01, subdivision 27, is amended to read:
Subd. 27.
Practice of pharmacy.
"Practice of pharmacy" means:
(1) interpretation and evaluation of prescription drug orders;
(2) compounding, labeling, and dispensing drugs and devices (except labeling by
a manufacturer or packager of nonprescription drugs or commercially packaged legend
drugs and devices);
(3) participation in clinical interpretations and monitoring of drug therapy for
assurance of safe and effective use of drugs, including the performance of laboratory tests
that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
results of laboratory tests but may modify drug therapy only pursuant to a protocol or
collaborative practice agreement;
(4) participation in drug and therapeutic device selection; drug administration for first
dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
(5) participation in administration of influenza vaccines to all eligible individuals deleted text begin tendeleted text end new text begin
sixnew text end years of age and older and all other vaccines to patients deleted text begin 18deleted text end new text begin 13new text end years of age and older
by written protocol with a physician licensed under chapter 147, a physician assistant
authorized to prescribe drugs under chapter 147A, or an advanced practice registered
nurse authorized to prescribe drugs under section 148.235, provided that:
(i) the protocol includes, at a minimum:
(A) the name, dose, and route of each vaccine that may be given;
(B) the patient population for whom the vaccine may be given;
(C) contraindications and precautions to the vaccine;
(D) the procedure for handling an adverse reaction;
(E) the name, signature, and address of the physician, physician assistant, or
advanced practice registered nurse;
(F) a telephone number at which the physician, physician assistant, or advanced
practice registered nurse can be contacted; and
(G) the date and time period for which the protocol is valid;
(ii) the pharmacist has successfully completed a program approved by the
Accreditation Council for Pharmacy Education specifically for the administration of
immunizations or a program approved by the board;
(iii) new text begin the pharmacist utilizes the Minnesota Immunization Information Connection
to assess the immunization status of individuals prior to the administration of vaccines,
except when administering influenza vaccines to individuals age nine and older;
new text end
new text begin (iv) new text end the pharmacist reports the administration of the immunization deleted text begin to the patient's
primary physician or clinic ordeleted text end to the Minnesota Immunization Information Connection; and
deleted text begin (iv)deleted text end new text begin (v)new text end the pharmacist complies with guidelines for vaccines and immunizations
established by the federal Advisory Committee on Immunization Practices, except that a
pharmacist does not need to comply with those portions of the guidelines that establish
immunization schedules when administering a vaccine pursuant to a valid, patient-specific
order issued by a physician licensed under chapter 147, a physician assistant authorized to
prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
drugs under section 148.235, provided that the order is consistent with the United States
Food and Drug Administration approved labeling of the vaccine;
(6) participation in the initiation, management, modification, and discontinuation
of drug therapy according to a written protocol or collaborative practice agreement
between: (i) one or more pharmacists and one or more dentists, optometrists, physicians,
podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more physician
assistants authorized to prescribe, dispense, and administer under chapter 147A, or
advanced practice nurses authorized to prescribe, dispense, and administer under section
148.235. Any changes in drug therapy made pursuant to a protocol or collaborative
practice agreement must be documented by the pharmacist in the patient's medical record
or reported by the pharmacist to a practitioner responsible for the patient's care;
(7) participation in the storage of drugs and the maintenance of records;
(8) patient counseling on therapeutic values, content, hazards, and uses of drugs
and devices; and
(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.
Sec. 3.
Minnesota Statutes 2014, section 151.02, is amended to read:
151.02 STATE BOARD OF PHARMACY.
The Minnesota State Board of Pharmacy shall consist of deleted text begin twodeleted text end new text begin threenew text end public members
as defined by section 214.02 and deleted text begin fivedeleted text end new text begin sixnew text end pharmacists actively engaged in the practice of
pharmacy in this state. Each of said pharmacists shall have had at least five consecutive
years of practical experience as a pharmacist immediately preceding appointment.
Sec. 4.
Minnesota Statutes 2014, section 151.102, is amended to read:
151.102 PHARMACY TECHNICIAN.
Subdivision 1.
General.
A pharmacy technician may assist a pharmacist in the
practice of pharmacy by performing deleted text begin nonjudgmentaldeleted text end tasks deleted text begin anddeleted text end new text begin that are not reserved to, and
do not require the professional judgment of, a licensed pharmacist. A pharmacy techniciannew text end
works under the personal and direct supervision of the pharmacist. A pharmacist may
supervise deleted text begin twodeleted text end new text begin up to threenew text end techniciansdeleted text begin , as long as thedeleted text end new text begin . Anew text end pharmacist deleted text begin assumes responsibilitydeleted text end new text begin
is responsiblenew text end for all the deleted text begin functionsdeleted text end new text begin worknew text end performed by the techniciansnew text begin who are under the
supervision of the pharmacistnew text end . A pharmacy may exceed the ratio of pharmacy technicians
to pharmacists permitted in this subdivision or in rule by a total of one technician at
any given time in the pharmacy, provided at least one technician in the pharmacy
holds a valid certification from the Pharmacy Technician Certification Board or from
another national certification body for pharmacy technicians that requires passage of a
nationally recognized, psychometrically valid certification examination for certification as
determined by the Board of Pharmacy. The Board of Pharmacy may, by rule, set ratios of
technicians to pharmacists greater than deleted text begin twodeleted text end new text begin threenew text end to one for the functions specified in rule.
deleted text begin The delegation of any duties, tasks, or functions by a pharmacist to a pharmacy technician
is subject to continuing review and becomes the professional and personal responsibility of
the pharmacist who directed the pharmacy technician to perform the duty, task, or function.
deleted text end
Subd. 2.
Waivers by board permitted.
A pharmacist in charge in a pharmacy may
petition the board for authorization to allow a pharmacist to supervise more than deleted text begin twodeleted text end new text begin threenew text end
pharmacy technicians. The pharmacist's petition must include provisions addressing deleted text begin the
maintenance ofdeleted text end new text begin hownew text end patient care and safetynew text begin will be maintainednew text end . A petition filed with the
board under this subdivision shall be deemed approved 90 days after the board receives
the petition, unless the board denies the petition within 90 days of receipt and notifies the
petitioning pharmacist of the petition's denial and the board's reasons for denial.
Subd. 3.
Registration fee.
The board shall not register an individual as a pharmacy
technician unless all applicable fees specified in section 151.065 have been paid.