HF 2626

as introduced - 87th Legislature (2011 - 2012) Posted on 03/01/2012 11:22am

A bill for an act
relating to health; authorizing automated drug distribution systems; proposing
coding for new law in Minnesota Statutes, chapter 151.

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

Section 1.

new text begin [151.58] AUTOMATED DRUG DISTRIBUTION SYSTEMS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (b) "Automated drug distribution system" means a mechanical system that:
new text end

new text begin (1) dispenses prescription drugs; and
new text end

new text begin (2) maintains related transaction information as described in subdivision 6.
new text end

new text begin (c) "Health care facility" means a health care facility licensed under chapter 144
or 144A.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin (a) A pharmacy may provide pharmacy services through
an automated drug distribution system located in a health care facility that is not at the
same location as the pharmacy.
new text end

new text begin (b) Access to and dispensing from an automated drug distribution system shall be
limited to pharmacy and nonpharmacy personnel who are designated in writing by the
pharmacist in charge and are authorized to procure drugs from the system in accordance
with rules adopted by the board.
new text end

new text begin (c) Drugs may only be dispensed from an automated drug distribution system after
receipt of an original prescription drug order by a pharmacist.
new text end

new text begin (d) The pharmacist in charge shall be responsible for filling and loading the storage
containers and shall control all operations of the automated drug distribution system. The
loading and maintenance of the system may be performed by nonpharmacy personnel,
so long as the activity is viewed electronically by a pharmacist. The automated drug
distribution system may be filled with drugs stored in bulk at the health care facility. If
the system is filled with drugs stored at the health care facility, the health care facility
shall not be deemed a pharmacy, a wholesale drug distributor, or a drug manufacturer for
purposes of this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Supervision. new text end

new text begin The automated drug distribution system is required to be
under continuous supervision of a pharmacist. To qualify as continuous supervision,
the pharmacist is not required to be physically present at the site of the automated drug
distribution system if the system is supervised by a pharmacist electronically.
new text end

new text begin Subd. 4. new text end

new text begin Storage. new text end

new text begin All drugs stored in relation to an automated drug distribution
system must be stored in compliance with this chapter and rules adopted by the board.
new text end

new text begin Subd. 5. new text end

new text begin Security. new text end

new text begin An automated drug distribution system must be secured or, if not
secure, kept in a locked medication room when not in actual use.
new text end

new text begin Subd. 6. new text end

new text begin Records. new text end

new text begin (a) At a minimum, an automated drug distribution system must
maintain records of:
new text end

new text begin (1) the identity of all personnel who access the system;
new text end

new text begin (2) the date and time of access;
new text end

new text begin (3) the name, strength, dosage form, and quantity of the drug removed, returned,
or wasted;
new text end

new text begin (4) the name of the patient for whom the drug was ordered; and
new text end

new text begin (5) any additional information the pharmacist in charge deems necessary.
new text end

new text begin (b) These records shall be reviewed for discrepancies on a periodic basis. The
pharmacist in charge is responsible for the quality, accuracy, and timeliness of the review
and must ensure that appropriate actions are taken to deal with any discrepancies found.
new text end

new text begin (c) The automated drug distribution system must provide for maintenance of patient
confidentiality so that unauthorized individuals do not have access to patient data.
new text end