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Minnesota Legislature

Office of the Revisor of Statutes

HF 2962

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/24/2018 11:40am

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

Current Version - 1st Engrossment

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A bill for an act
relating to health; authorizing pharmacists to prescribe tobacco cessation
medications, opiate antagonists, and travel medications;amending Minnesota
Statutes 2016, section 151.01, subdivisions 23, 27, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 151.

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

Section 1.

Minnesota Statutes 2016, section 151.01, subdivision 23, is amended to read:


Subd. 23.

Practitioner.

"Practitioner" means a licensed doctor of medicine, licensed
doctor of osteopathic medicine duly licensed to practice medicine, licensed doctor of
dentistry, licensed doctor of optometry, licensed podiatrist, licensed veterinarian, or licensed
advanced practice registered nurse. For purposes of sections 151.15, subdivision 4; 151.252,
subdivision 3
; 151.37, subdivision 2, paragraphs (b), (e), and (f); and 151.461, deleted text begin"deleted text endpractitionerdeleted text begin"deleted text end
also means a physician assistant authorized to prescribe, dispense, and administer under
chapter 147A. For purposes of sections 151.15, subdivision 4; 151.252, subdivision 3;
151.37, subdivision 2, paragraph (b); and 151.461, deleted text begin"deleted text endpractitionerdeleted text begin"deleted text end also means a dental therapist
authorized to dispense and administer under chapter 150A.new text begin For purposes of sections 151.216;
151.252, subdivision 3; and 151.461, practitioner also means a pharmacist authorized to
prescribe tobacco cessation medications approved by the Food and Drug Administration
(FDA) but excluding bupropion, opiate antagonists, and travel medications under section
151.216.
new text end

Sec. 2.

Minnesota Statutes 2016, 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 six
years of age and older and all other vaccines to patients 13 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) 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;

(iv) the pharmacist reports the administration of the immunization to the Minnesota
Immunization Information Connection; and

(v) 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;

(9) offering or performing those acts, services, operations, or transactions necessary in
the conduct, operation, management, and control of a pharmacy; deleted text beginand
deleted text end

(10) participation in the initiation, management, modification, and discontinuation of
therapy with opiate antagonists, as defined in section 604A.04, subdivision 1, pursuant to:

(i) a written protocol as allowed under clause (6); or

(ii) a written protocol with a community health board medical consultant or a practitioner
designated by the commissioner of health, as allowed under section 151.37, subdivision 13new text begin;
and
new text end

new text begin (11) prescribing tobacco cessation medications approved by the FDA but excluding
bupropion, opiate antagonists, and travel medications pursuant to section 151.216
new text end.

Sec. 3.

Minnesota Statutes 2016, section 151.01, is amended by adding a subdivision to
read:


new text begin Subd. 42. new text end

new text begin Travel medication. new text end

new text begin "Travel medication" means a medication that is
recommended by the federal Centers for Disease Control and Prevention for individuals
traveling outside of the United States.
new text end

Sec. 4.

new text begin [151.216] PHARMACIST PRESCRIBING.
new text end

new text begin Subdivision 1. new text end

new text begin Tobacco cessation medications, opiate antagonists, and travel
medications.
new text end

new text begin (a) A pharmacist is authorized to prescribe tobacco cessation medications
approved by the Food and Drug Administration (FDA) but excluding bupropion, opiate
antagonists for the purpose of treating opioid overdose, and travel medications.
new text end

new text begin (b) A pharmacist who prescribes products or medications under this subdivision must
provide the patient with a written record of the product or medication prescribed by the
pharmacist.
new text end

new text begin (c) A pharmacist who prescribes products or medications under this subdivision is
prohibited from delegating the prescribing of the product or medication to any other person,
but may allow a pharmacist intern who is registered pursuant to section 151.101 to prepare
a prescription for the product or medication, provided that the prescription shall not be
processed or dispensed until it is reviewed, approved, and signed by the pharmacist.
new text end

new text begin (d) The board shall develop standardized protocols that pharmacists must follow in order
to prescribe products and medications under this subdivision. In developing the protocols,
the board shall consult with the Minnesota Board of Medical Practice, the Minnesota Board
of Nursing, the commissioner of health, professional pharmacy associations, and professional
associations of physicians, physician assistants, and advanced practice registered nurses.
new text end

new text begin (e) Nothing in this subdivision prohibits a pharmacist from participating in the initiation,
management, modification, and discontinuation of therapy through a protocol as allowed
in this section or section 151.37, subdivisions 2 and 13.
new text end

new text begin Subd. 2. new text end

new text begin Insurance coverage. new text end

new text begin All state and federal laws governing insurance coverage
of tobacco cessation medications approved by the FDA but excluding bupropion, opiate
antagonists, and travel medications, and related services, shall apply when those products
are prescribed by a pharmacist under this section.
new text end