Minnesota Legislature
HF 2639
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to health; changing provisions for prescribing and filing prescriptions for
specific drugs; amending Minnesota Statutes 2006, sections 151.01, subdivision
23; 151.37, subdivision 7; Minnesota Statutes 2007 Supplement, section 151.37,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 151.01, subdivision 23, is amended to read:
Subd. 23.
Practitioner.
"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes
of sections 151.15, subdivision 4, 151.37, subdivision 2, deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and
(e)new text end , and 151.461, "practitioner" also means a physician assistant authorized to prescribe,
dispense, and administer under chapter 147A, or an advanced practice nurse authorized to
prescribe, dispense, and administer under section 148.235.
Sec. 2.
Minnesota Statutes 2007 Supplement, section 151.37, subdivision 2, is
amended to read:
Subd. 2.
Prescribing and filing.
(a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and may
cause the same to be administered by a nurse, a physician assistant, or medical student or
resident under the practitioner's direction and supervision, and may cause a person who
is an appropriately certified, registered, or licensed health care professional to prescribe,
dispense, and administer the same within the expressed legal scope of the person's practice
as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug,
without reference to a specific patient, by directing a nurse, pursuant to section 148.235,
subdivisions 8 and 9, physician assistant, or medical student or resident to adhere to
a particular practice guideline or protocol when treating patients whose condition falls
within such guideline or protocol, and when such guideline or protocol specifies the
circumstances under which the legend drug is to be prescribed and administered. An
individual who verbally, electronically, or otherwise transmits a written, oral, or electronic
order, as an agent of a prescriber, shall not be deemed to have prescribed the legend drug.
This paragraph applies to a physician assistant only if the physician assistant meets the
requirements of section 147A.18.
(b) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
(c) A prescription or drug order for deleted text begin a legend drugdeleted text end new text begin the following drugsnew text end is not
valid deleted text begin if it is based solely on an online questionnaire,deleted text end unless it can be established that
the prescription or order was based on a documented patient evaluationnew text begin , including an
examination, new text end adequate to establish a diagnosis and identify underlying conditions and
contraindications to treatmentnew text begin :
new text end
new text begin
(1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
new text end
new text begin
(2) drugs defined by the Board of Pharmacy as controlled substances pursuant to
section 152.02, subdivisions 7, 8, and 12;
new text end
new text begin
(3) muscle relaxants;
new text end
new text begin
(4) centrally acting analgesics with opioid activity;
new text end
new text begin
(5) drugs containing butalbital; or
new text end
new text begin (6) phosphodiesterase type 5 inhibitors when used to treat erectile dysfunctionnew text end .
new text begin
(d) For the purposes of paragraph (c), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
new text end
new text begin
(1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
new text end
new text begin
(2) the prescribing practitioner has performed a prior examination of the patient;
new text end
new text begin
(3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
new text end
new text begin
(4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
new text end
new text begin
(5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
new text end
new text begin
(e) Nothing in paragraph (c) or (d) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
new text end
new text begin
(f) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug according to the Expedited Partner Therapy in the
Management of Sexually Transmitted Diseases guidance document issued by the United
States Centers for Disease Control and Prevention.
new text end
new text begin
(g) Nothing in paragraph (c) or (d) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
new text end
new text begin
(h) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription which the pharmacist knows, or would reasonably be expected to know,
is not valid under paragraph (c).
new text end
new text begin
(i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state, based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (c).
new text end
Sec. 3.
Minnesota Statutes 2006, section 151.37, subdivision 7, is amended to read:
Subd. 7.
Exclusion for prescriptions.
Nothing 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 written or oral prescription by a practitioner.new text begin Nothing
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 drug.
new text end