HF 3732

as introduced - 90th Legislature (2017 - 2018) Posted on 03/14/2018 11:41am

A bill for an act
relating to health; allowing individuals to execute a voluntary nonopioid directive;
directing the Board of Pharmacy to develop a format and guidelines for the
directive; 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 [151.72] VOLUNTARY NONOPIOID DIRECTIVE.
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 following definitions
apply.
new text end

new text begin (b) "Board" means the Board of Pharmacy.
new text end

new text begin (c) "Opioid" means any product containing opium or opiates listed in section 152.02,
subdivision 3, paragraphs (b) and (c); any product containing narcotics listed in section
152.02, subdivision 4, paragraphs (e) and (h); or any product containing narcotic drugs
listed in section 152.02, subdivision 5, paragraph (b), other than products containing
difenoxin or eluxadoline.
new text end

new text begin Subd. 2. new text end

new text begin Execution of directive. new text end

new text begin (a) An individual who is 18 years of age or older or
an emancipated minor, a parent or legal guardian of a minor, or an individual's guardian or
other person appointed by the individual or the court to manage the individual's health care
may execute a voluntary nonopioid directive instructing health care providers that an opioid
may not be administered or prescribed to the individual or the minor. The directive must
be in the format prescribed by the board. The person executing the directive may submit
the directive to a health care provider or hospital.
new text end

new text begin (b) An individual executing a directive may revoke the directive at any time in writing
or orally.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the board. new text end

new text begin (a) The board shall adopt rules establishing guidelines to
govern the use of voluntary nonopioid health care directives. The guidelines must:
new text end

new text begin (1) include verification by a health care provider and comply with the written consent
requirements under United States Code, title 42, section 290dd-2(b);
new text end

new text begin (2) specify standard procedures for the person executing a directive to use when
submitting the directive to a health care provider or hospital;
new text end

new text begin (3) specify procedures to include the directive in the individual's medical record or
interoperable electronic health record, and to submit the directive to the prescription
monitoring program database;
new text end

new text begin (4) specify procedures to modify, override, or revoke a directive;
new text end

new text begin (5) include exemptions for the administration of naloxone or other opioid overdose drugs
in an emergency situation;
new text end

new text begin (6) ensure the confidentiality of a voluntary nonopioid directive; and
new text end

new text begin (7) ensure exemptions for an opioid used to treat substance abuse or opioid dependence.
new text end

new text begin Subd. 4. new text end

new text begin Exemption from liability. new text end

new text begin (a) A health care provider, a hospital, or an employee
of a health care provider or hospital may not be subject to disciplinary action by the health
care provider's or employee's professional licensing board or held civilly or criminally liable
for failure to administer, prescribe, or dispense an opioid, or for inadvertent administration
of an opioid, to an individual or minor who has a voluntary nonopioid directive.
new text end

new text begin (b) A prescription presented to a pharmacy is presumed to be valid, and a pharmacist
may not be subject to disciplinary action by the pharmacist's professional licensing board
or held civilly or criminally liable for dispensing an opioid in contradiction to an individual's
or minor's voluntary nonopioid directive.
new text end

new text begin Subd. 5. new text end

new text begin Construction. new text end

new text begin Nothing in this section shall be construed to:
new text end

new text begin (1) alter a health care directive under chapter 145C;
new text end

new text begin (2) limit the prescribing, dispensing, or administering of an opioid overdose drug; or
new text end

new text begin (3) limit an authorized health care provider or pharmacist from prescribing, dispensing,
or administering an opioid for the treatment of substance abuse or opioid dependence.
new text end