HF 1705

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to professions; changing licensing provisions for the Board of Pharmacy;
amending Minnesota Statutes 2006, sections 151.01, by adding subdivisions;
151.06, subdivision 1; 151.21, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2006, section 151.01, is amended by adding a
subdivision to read:

new text begin Subd. 31. new text end

new text begin Electronic signature. new text end

new text begin "Electronic signature" means an electronic sound,
symbol, or process attached to or associated with a record and executed or adopted by a
person with the intent to sign the record.
new text end

Sec. 2.

Minnesota Statutes 2006, section 151.01, is amended by adding a subdivision
to read:

new text begin Subd. 32. new text end

new text begin Electronic transmission. new text end

new text begin "Electronic transmission" means transmission
of information in electronic form.
new text end

Sec. 3.

Minnesota Statutes 2006, section 151.06, subdivision 1, is amended to read:

Subdivision 1.

Generally; rules.

(a) Powers and duties. The Board of Pharmacy
shall have the power and it shall be its duty:

(1) to regulate the practice of pharmacy;

(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;

(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
dispensed in this state, using the United States Pharmacopeia and the National Formulary,
or any revisions thereof, or standards adopted under the federal act as the standard;

(4) to enter and inspect by its authorized representative any and all places where
drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
after paying or offering to pay for such sample; it shall be entitled to inspect and make
copies of any and all records of shipment, purchase, manufacture, quality control, and
sale of these items provided, however, that such inspection shall not extend to financial
data, sales data, or pricing data;

(5) to examine and license as pharmacists all applicants whom it shall deem qualified
to be such;

(6) to license wholesale drug distributors;

(7) to deny, suspend, revoke, or refuse to renew any registration or license required
under this chapter, to any applicant or registrant or licensee upon any of the following
grounds:

(i) fraud or deception in connection with the securing of such license or registration;

(ii) in the case of a pharmacist, conviction in any court of a felony;

(iii) in the case of a pharmacist, conviction in any court of an offense involving
moral turpitude;

(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
or habitual indulgence in intoxicating liquors in a manner which could cause conduct
endangering public health;

(v) unprofessional conduct or conduct endangering public health;

(vi) gross immorality;

(vii) employing, assisting, or enabling in any manner an unlicensed person to
practice pharmacy;

(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;

(ix) violation of any of the provisions of this chapter or any of the rules of the State
Board of Pharmacy;

(x) in the case of a pharmacy license, operation of such pharmacy without a
pharmacist present and on duty;

(xi) in the case of a pharmacist, physical or mental disability which could cause
incompetency in the practice of pharmacy;

(xii) in the case of a pharmacist, the suspension or revocation of a license to practice
pharmacy in another state; or

(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the following:

(A) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;

(B) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;

(C) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(D) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2;

(8) to employ necessary assistants and deleted text begin make deleted text end new text begin adopt new text end rules for the conduct of its
business;

(9) to register new text begin as new text end pharmacy technicians new text begin all applicants who the board determines are
qualified to carry out the duties of a pharmacy technician new text end ; and

(10) to perform such other duties and exercise such other powers as the provisions of
the act may require.

(b) Temporary suspension. In addition to any other remedy provided by law, the
board may, without a hearing, temporarily suspend a license for not more than 60 days if
the board finds that a pharmacist has violated a statute or rule that the board is empowered
to enforce and continued practice by the pharmacist would create an imminent risk of
harm to others. The suspension shall take effect upon written notice to the pharmacist,
specifying the statute or rule violated. At the time it issues the suspension notice, the
board shall schedule a disciplinary hearing to be held under the Administrative Procedure
Act. The pharmacist shall be provided with at least 20 days' notice of any hearing held
under this subdivision.

(c) Rules. For the purposes aforesaid, it shall be the duty of the board to make
and publish uniform rules not inconsistent herewith for carrying out and enforcing
the provisions of this chapter. The board shall adopt rules regarding prospective drug
utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
the pharmacist's professional judgment, upon the presentation of a new prescription by a
patient or the patient's caregiver or agent, shall perform the prospective drug utilization
review required by rules issued under this subdivision.

Sec. 4.

Minnesota Statutes 2006, section 151.21, subdivision 1, is amended to read:

Subdivision 1.

Generally.

Except as provided in this section, it shall be unlawful for
any pharmacist deleted text begin , assistant pharmacist, deleted text end or pharmacist intern who dispenses prescriptions,
drugs, and medicines to substitute an article different from the one ordered, or deviate
in any manner from the requirements of an order or prescription without the approval of
the prescriber.

Sec. 5.

Minnesota Statutes 2006, section 151.21, subdivision 2, is amended to read:

Subd. 2.

Brand name specified.

When a pharmacist receives a deleted text begin written deleted text end new text begin paper or
hard copy new text end prescription on which the prescriber has personally written in handwriting
"dispense as written" or "D.A.W.," new text begin a prescription sent by electronic transmission on which
the prescriber has expressly indicated in a manner consistent with the standards for
electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
prescription is to be dispensed as transmitted and which bears the prescriber's electronic
signature, new text end or an oral prescription in which the prescriber has expressly indicated that the
prescription is to be dispensed as communicated, the pharmacist shall dispense the brand
name legend drug as prescribed.

Sec. 6.

Minnesota Statutes 2006, section 151.21, subdivision 3, is amended to read:

Subd. 3.

Brand name not specified.

When a pharmacist receives a deleted text begin written deleted text end new text begin paper or
hard copy new text end prescription on which the prescriber has not personally written in handwriting
"dispense as written" or "D.A.W.," new text begin a prescription sent by electronic transmission on which
the prescriber has not expressly indicated in a manner consistent with the standards for
electronic prescribing under Code of Federal Regulations, title 42, section 423, that the
prescription is to be dispensed as transmitted and which bears the prescriber's electronic
signature, new text end or an oral prescription in which the prescriber has not expressly indicated
that the prescription is to be dispensed as communicated, and there is available in the
pharmacist's stock a less expensive generically equivalent drug that, in the pharmacist's
professional judgment, is safely interchangeable with the prescribed drug, then the
pharmacist shall, after disclosing the substitution to the purchaser, dispense the generic
drug, unless the purchaser objects. A pharmacist may also substitute pursuant to the oral
instructions of the prescriber. A pharmacist may not substitute a generically equivalent
drug product unless, in the pharmacist's professional judgment, the substituted drug is
therapeutically equivalent and interchangeable to the prescribed drug. A pharmacist
shall notify the purchaser if the pharmacist is dispensing a drug other than the brand
name drug prescribed.