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Minnesota Legislature

Office of the Revisor of Statutes

HF 400

2nd Unofficial Engrossment - 91st Legislature (2019 - 2020) Posted on 04/02/2019 09:45am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; establishing the Opioid Addiction Advisory Council; establishing
the opioid stewardship fund; establishing an opiate product registration fee;
modifying provisions related to opioid addiction prevention, education, intervention,
treatment, and recovery; requiring reports; appropriating money; amending
Minnesota Statutes 2018, sections 151.01, subdivision 27; 151.065, subdivisions
1, 3, by adding a subdivision; 151.252, subdivision 1; 151.37, subdivision 12;
152.105, subdivision 2; 152.11, subdivisions 1, 2d, 4; 152.126, subdivisions 6, 10;
214.12, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 151; 256.

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

ARTICLE 1

OPIATE EPIDEMIC RESPONSE

Section 1.

Minnesota Statutes 2018, section 151.065, subdivision 1, is amended to read:


Subdivision 1.

Application fees.

Application fees for licensure and registration are as
follows:

(1) pharmacist licensed by examination, $145;

(2) pharmacist licensed by reciprocity, $240;

(3) pharmacy intern, $37.50;

(4) pharmacy technician, $37.50;

(5) pharmacy, $225;

(6) drug wholesaler, legend drugs only, deleted text begin$235deleted text endnew text begin $5,000new text end;

(7) drug wholesaler, legend and nonlegend drugs, deleted text begin$235deleted text endnew text begin $5,000new text end;

(8) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, deleted text begin$210deleted text endnew text begin $5,000new text end;

(9) drug wholesaler, medical gases, deleted text begin$175deleted text endnew text begin $5,000new text end;

(10) drug wholesaler, also licensed as a pharmacy in Minnesota, deleted text begin$150deleted text endnew text begin $5,000new text end;

(11) drug manufacturer, new text beginnonopiate new text endlegend drugs only, deleted text begin$235deleted text endnew text begin $5,000new text end;

(12) drug manufacturer, new text beginnonopiate new text endlegend and nonlegend drugs, deleted text begin$235deleted text endnew text begin $5,000new text end;

(13) drug manufacturer, nonlegend or veterinary legend drugs, deleted text begin$210deleted text endnew text begin $5,000new text end;

(14) drug manufacturer, medical gases, deleted text begin$185deleted text endnew text begin $5,000new text end;

(15) drug manufacturer, also licensed as a pharmacy in Minnesota, deleted text begin$150deleted text endnew text begin $5,000new text end;

new text begin (16) drug manufacturer of opiate-containing controlled substances listed in section
152.02, subdivisions 3 to 5, $55,000;
new text end

deleted text begin (16)deleted text endnew text begin (17)new text end medical gas distributor, deleted text begin$110deleted text endnew text begin $5,000new text end;

deleted text begin (17)deleted text endnew text begin (18)new text end controlled substance researcher, $75; and

deleted text begin (18)deleted text endnew text begin (19)new text end pharmacy professional corporation, $125.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to any license
issued on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 151.065, subdivision 3, is amended to read:


Subd. 3.

Annual renewal fees.

Annual licensure and registration renewal fees are as
follows:

(1) pharmacist, $145;

(2) pharmacy technician, $37.50;

(3) pharmacy, $225;

(4) drug wholesaler, legend drugs only, deleted text begin$235deleted text endnew text begin $5,000new text end;

(5) drug wholesaler, legend and nonlegend drugs, deleted text begin$235deleted text endnew text begin $5,000new text end;

(6) drug wholesaler, nonlegend drugs, veterinary legend drugs, or both, deleted text begin$210deleted text endnew text begin $5,000new text end;

(7) drug wholesaler, medical gases, deleted text begin$185deleted text endnew text begin $5,000new text end;

(8) drug wholesaler, also licensed as a pharmacy in Minnesota, deleted text begin$150deleted text endnew text begin $5,000new text end;

(9) drug manufacturer, new text beginnonopiate new text endlegend drugs only, deleted text begin$235deleted text endnew text begin $5,000new text end;

(10) drug manufacturer, new text beginnonopiate new text endlegend and nonlegend drugs, deleted text begin$235deleted text endnew text begin $5,000new text end;

(11) drug manufacturer, nonlegend, veterinary legend drugs, or both, deleted text begin$210deleted text endnew text begin $5,000new text end;

(12) drug manufacturer, medical gases, deleted text begin$185deleted text endnew text begin $5,000new text end;

(13) drug manufacturer, also licensed as a pharmacy in Minnesota, deleted text begin$150deleted text endnew text begin $5,000new text end;

new text begin (14) drug manufacturer of opiate-containing controlled substances listed in section
152.02, subdivisions 3 to 5, $55,000;
new text end

deleted text begin (14)deleted text endnew text begin (15)new text end medical gas distributor, deleted text begin$110deleted text endnew text begin $5,000new text end;

deleted text begin (15)deleted text endnew text begin (16)new text end controlled substance researcher, $75; and

deleted text begin (16)deleted text endnew text begin (17)new text end pharmacy professional corporation, $75.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to any license
renewed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 151.065, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Deposit of fees. new text end

new text begin (a) The license fees collected under this section, with the
exception of the fees identified in paragraph (b), shall be deposited in the state government
special revenue fund.
new text end

new text begin (b) $5,000 of each fee collected under subdivision 1, clauses (6) to (15) and (17), and
subdivision 3, clauses (4) to (13) and (15), and the fees collected under subdivision 1, clause
(16), and subdivision 3, clause (14), shall be deposited in the opiate epidemic response
account.
new text end

Sec. 4.

new text begin [151.066] OPIATE PRODUCT REGISTRATION FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin (b) "Manufacturer" means a manufacturer licensed under section 151.252 that is engaged
in the manufacturing of an opiate.
new text end

new text begin (c) "Opiate" means any opiate-containing controlled substance listed in section 152.02,
subdivisions 3 to 5, that is distributed, delivered, sold, or dispensed into or within this state.
new text end

new text begin (d) "Wholesaler" means a wholesale drug distributor licensed under section 151.47 that
is engaged in the wholesale drug distribution of an opiate.
new text end

new text begin Subd. 2. new text end

new text begin Reporting requirements. new text end

new text begin (a) By March 1 of each year, beginning March 1,
2020, each manufacturer and each wholesaler must report to the board every sale, delivery,
or other distribution within or into this state of any opiate that is made to any practitioner,
pharmacy, hospital, veterinary hospital, or other person who is permitted by section 151.37
to possess controlled substances for administration or dispensing to patients that occurred
during the previous calendar year. Reporting must be in the automation of reports and
consolidated orders system format unless otherwise specified by the board. If a manufacturer
or wholesaler fails to provide information required under this paragraph on a timely basis,
the board may assess an administrative penalty of $100 per day. This penalty shall not be
considered a form of disciplinary action.
new text end

new text begin (b) By March 1 of each year, beginning March 1, 2020, each owner of a pharmacy with
at least one location within this state must report to the board any intracompany delivery
or distribution into this state, of any opiate, to the extent that those deliveries and distributions
are not reported to the board by a licensed wholesaler owned by, under contract to, or
otherwise operating on behalf of the owner of the pharmacy. Reporting must be in the
manner and format specified by the board for deliveries and distributions that occurred
during the previous calendar year.
new text end

new text begin Subd. 3. new text end

new text begin Determination of an opiate product registration fee. new text end

new text begin (a) The board shall
annually assess an opiate product registration fee on any manufacturer of an opiate that
annually sells, delivers, or distributes an opiate within or into the state 2,000,000 or more
units as reported to the board under subdivision 2.
new text end

new text begin (b) The annual registration fee for each manufacturer meeting the requirement under
paragraph (a) is $250,000.
new text end

new text begin (c) In conjunction with the data reported under this section, and notwithstanding section
152.126, subdivision 6, the board may use the data reported under section 152.126,
subdivision 4, to determine which manufacturers meet the requirement under paragraph (a)
and are required to pay the registration fees under this subdivision.
new text end

new text begin (d) By April 1 of each year, beginning April 1, 2020, the board shall notify a manufacturer
that the manufacturer meets the requirement in paragraph (a) and is required to pay the
annual registration fee in accordance with section 151.252, subdivision 1, paragraph (b).
new text end

new text begin (e) A manufacturer may dispute the board's determination that the manufacturer must
pay the registration fee no later than 30 days after the date of notification. However, the
manufacturer must still remit the fee as required by section 151.252, subdivision 1, paragraph
(b). The dispute must be filed with the board in the manner and using the forms specified
by the board. A manufacturer must submit, with the required forms, data satisfactory to the
board that demonstrates that the assessment of the registration fee was incorrect. The board
must make a decision concerning a dispute no later than 60 days after receiving the required
dispute forms. If the board determines that the manufacturer has satisfactorily demonstrated
that the fee was incorrectly assessed, the board must refund the amount paid in error.
new text end

new text begin (f) For purposes of this subdivision, a unit means the individual dosage form of the
particular drug product that is prescribed to the patient. One unit equals one tablet, capsule,
patch, syringe, milliliter, or gram.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin (a) The Board of Pharmacy shall evaluate the registration fee on drug
manufacturers established under this section, and whether the registration fee and the
increased licensure fees have impacted the prescribing practices of opiates by reducing the
number of opiate prescriptions issued during calendar years 2020, 2021, and 2022, or creating
any unintended consequences in the availability of opiates for the treatment of chronic or
intractable pain to the extent the board has the ability to effectively identify a correlation.
Notwithstanding section 152.126, subdivision 6, the board may access the data reported
under section 152.126, subdivision 4, to conduct this evaluation.
new text end

new text begin (b) The board shall submit the results of its evaluation to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by March 1, 2023.
new text end

new text begin Subd. 5. new text end

new text begin Legislative review. new text end

new text begin The legislature shall review the reports from the Opiate
Epidemic Response Advisory Council under section 256.042, subdivision 5, paragraph (a),
the reports from the commissioner of management and budget on the Results First evaluation
activities under section 256.042, subdivision 5, paragraph (b), the report from the Board of
Pharmacy under subdivision 4, and any other relevant report or information related to the
opioid crisis in Minnesota, to make a determination about whether the opiate product
registration fee assessed under this section should continue beyond July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2018, section 151.252, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) No person shall act as a drug manufacturer without
first obtaining a license from the board and paying any applicable fee specified in section
151.065.

new text begin (b) In addition to the license required under paragraph (a), each manufacturer required
to pay the registration fee under section 151.066 must pay the fee by June 1 of each year,
beginning June 1, 2020. In the event of a change of ownership of the manufacturer, the new
owner must pay the registration fee specified under section 151.066, subdivision 3, that the
original owner would have been assessed had the original owner retained ownership. The
registration fee collected under this paragraph shall be deposited in the opiate epidemic
response account established under section 256.043.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end Application for a drug manufacturer license under this section shall be made in
a manner specified by the board.

deleted text begin (c)deleted text endnew text begin (d)new text end No license shall be issued or renewed for a drug manufacturer unless the applicant
agrees to operate in a manner prescribed by federal and state law and according to Minnesota
Rules.

deleted text begin (d)deleted text endnew text begin (e)new text end No license shall be issued or renewed for a drug manufacturer that is required to
be registered pursuant to United States Code, title 21, section 360, unless the applicant
supplies the board with proof of registration. The board may establish by rule the standards
for licensure of drug manufacturers that are not required to be registered under United States
Code, title 21, section 360.

deleted text begin (e)deleted text endnew text begin (f)new text end No license shall be issued or renewed for a drug manufacturer that is required to
be licensed or registered by the state in which it is physically located unless the applicant
supplies the board with proof of licensure or registration. The board may establish, by rule,
standards for the licensure of a drug manufacturer that is not required to be licensed or
registered by the state in which it is physically located.

deleted text begin (f)deleted text endnew text begin (g)new text end The board shall require a separate license for each facility located within the state
at which drug manufacturing occurs and for each facility located outside of the state at
which drugs that are shipped into the state are manufacturednew text begin, except a manufacturer of
opiate-containing controlled substances shall not be required to pay the fee under section
151.065, subdivision 1, clause (16), or 151.065, subdivision 2, clause (14), for more than
one facility
new text end.

deleted text begin (g)deleted text endnew text begin (h)new text end The board shall not issue an initial or renewed license for a drug manufacturing
facility unless the facility passes an inspection conducted by an authorized representative
of the board. In the case of a drug manufacturing facility located outside of the state, the
board may require the applicant to pay the cost of the inspection, in addition to the license
fee in section 151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located or by the United
States Food and Drug Administration, of an inspection that has occurred within the 24
months immediately preceding receipt of the license application by the board. The board
may deny licensure unless the applicant submits documentation satisfactory to the board
that any deficiencies noted in an inspection report have been corrected.

Sec. 6.

new text begin [256.042] OPIATE EPIDEMIC RESPONSE ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment of the advisory council. new text end

new text begin (a) The Opiate Epidemic
Response Advisory Council is established to develop and implement a comprehensive and
effective statewide effort to address the opioid addiction and overdose epidemic in Minnesota.
The council shall focus on:
new text end

new text begin (1) prevention and education, including public education and awareness for adults and
youth, prescriber education, the development and sustainability of opioid overdose prevention
and education programs, and providing financial support to local law enforcement agencies
for opiate antagonist programs;
new text end

new text begin (2) treatment, including statewide access to effective treatment and recovery services
that is aligned with Minnesota's model of care approach to promoting access to treatment
and recovery services. This includes ensuring that individuals throughout the state have
access to treatment and recovery services, including care coordination services; peer recovery
services; medication-assisted treatment and office-based opioid treatment; integrative and
multidisciplinary therapies; and culturally specific services; and
new text end

new text begin (3) innovation and capacity building, including development of evidence-based practices,
using research and evaluation to understand which policies and programs promote efficient
and effective prevention, treatment, and recovery results. This also includes ensuring that
there are qualified providers and a comprehensive set of treatment and recovery services
throughout the state.
new text end

new text begin (b) The council shall:
new text end

new text begin (1) review local, state, and federal initiatives and funding related to prevention and
education, treatment, and services for individuals and families experiencing and affected
by opioid abuse, and promoting innovation and capacity building to address the opioid
addiction and overdose epidemic, including alternatives to the use of opiates or narcotic
pain relievers for the treatment of chronic pain;
new text end

new text begin (2) establish priorities to address the state's opioid addiction and overdose epidemic for
the purpose of allocating funds and consult with the commissioner of management and
budget to determine whether proposals are for evidence-based practices, promising practices,
or theory-based practices;
new text end

new text begin (3) ensure that available funding under this section is allocated to align with existing
state and federal funding to achieve the greatest impact and ensure a coordinated state effort
to address the opioid addiction and overdose epidemic;
new text end

new text begin (4) develop criteria and procedures to be used in awarding grants and allocating available
funds from the opiate epidemic response account and select proposals to receive grant
funding. The council is encouraged to select proposals that are promising practices or
theory-based practices, in addition to evidence-based practices, to help identify new
approaches to effective prevention, treatment, and recovery; and
new text end

new text begin (5) in consultation with the commissioner of management and budget, and within
available appropriations, select from the awarded grants projects that include promising
practices or theory-based activities for which the commissioner of management and budget
shall conduct evaluations using experimental or quasi-experimental design. Grants awarded
to proposals that include promising practices or theory-based activities and that are selected
for an evaluation shall be administered to support the experimental or quasi-experimental
evaluation and require grantees to collect and report information that is needed to complete
the evaluation. The commissioner of management and budget, under section 15.08, may
obtain additional relevant data to support the experimental or quasi-experimental evaluation
studies.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The council shall consist of 18 voting members appointed
by the commissioner of human services, except as otherwise specified:
new text end

new text begin (1) two members of the house of representatives, one from the majority party appointed
by the speaker of the house and one from the minority party appointed by the minority
leader. Of these two members, one member must represent a district outside of the
seven-county metropolitan area, and one member must represent a district that includes the
seven-county metropolitan area;
new text end

new text begin (2) two members of the senate, one from the majority party appointed by the senate
majority leader and one from the minority party appointed by the senate minority leader.
Of these two members, one member must represent a district outside of the seven-county
metropolitan area and one member must represent a district that includes the seven-county
metropolitan area;
new text end

new text begin (3) one member appointed by the Board of Pharmacy;
new text end

new text begin (4) one member who is a physician appointed by the Minnesota chapter of the American
College of Emergency Physicians;
new text end

new text begin (5) one member representing opioid treatment programs or sober living programs;
new text end

new text begin (6) one member who is a physician appointed by the Minnesota Hospital Association;
new text end

new text begin (7) one member who is a physician appointed by the Minnesota Society of Addiction
Medicine;
new text end

new text begin (8) one member who is a pain psychologist;
new text end

new text begin (9) one member appointed by the Steve Rummler Hope Network;
new text end

new text begin (10) one member appointed by the Minnesota Ambulance Association;
new text end

new text begin (11) one member representing the Minnesota courts who is a judge or law enforcement
officer;
new text end

new text begin (12) one public member who is a Minnesota resident and who has been impacted by the
opioid epidemic;
new text end

new text begin (13) one public member who is a Minnesota resident and who is in opioid addiction
recovery;
new text end

new text begin (14) one member representing a manufacturer of opiates;
new text end

new text begin (15) one member representing an Indian tribe; and
new text end

new text begin (16) one public member who is a Minnesota resident and who is suffering from chronic
pain, intractable pain, or a rare disease or condition.
new text end

new text begin (b) The commissioners of human services and health or their designees shall be ex officio
nonvoting members of the council.
new text end

new text begin (c) The commissioner of human services shall coordinate the commissioner's
appointments to provide geographic diversity and shall ensure that at least one-half of
council members appointed by the commissioner reside outside of the seven-county
metropolitan area.
new text end

new text begin (d) The council is governed by section 15.059, except that members of the council shall
receive no compensation other than reimbursement for expenses. Notwithstanding section
15.059, subdivision 6, the council shall not expire.
new text end

new text begin (e) The chair shall convene the council at least quarterly, and may convene other meetings
as necessary. The chair shall convene meetings at different locations in the state to provide
geographic access, and shall ensure that at least one-half of the meetings are held at locations
outside of the seven-county metropolitan area.
new text end

new text begin (f) The commissioner of human services shall provide staff and administrative services
for the advisory council.
new text end

new text begin (g) The council is subject to chapter 13D.
new text end

new text begin Subd. 3. new text end

new text begin Conflict of interest. new text end

new text begin Advisory council members must disclose to the council,
refrain from participating in discussions, and recuse themselves from voting on any matter
before the council if the member has a conflict of interest. A conflict of interest means a
financial association that has the potential to bias or have the appearance of biasing a council
member's decision related to the opiate epidemic response grant decision process or other
council activities under this section.
new text end

new text begin Subd. 4. new text end

new text begin Grants. new text end

new text begin (a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming fiscal year to the
chairs and ranking minority members of the legislative committees with jurisdiction over
health and human services policy and finance, by March 1 of each year, beginning March
1, 2020.
new text end

new text begin (b) The commissioner of human services shall award grants from the opiate epidemic
response account under section 256.043. The grants shall be awarded to proposals selected
by the advisory council that address the priorities in subdivision 1, paragraph (a), clauses
(1) to (3), unless otherwise appropriated by the legislature. No more than three percent of
the grant amount may be used by a grantee for administration.
new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin (a) The advisory council shall report annually to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by January 31 of each year. The report shall include information
about the individual projects that receive grants and the overall role of the project in
addressing the opioid addiction and overdose epidemic in Minnesota. The report must
describe the grantees and the activities implemented, along with measurable outcomes as
determined by the council in consultation with the commissioner of human services and the
commissioner of management and budget. At a minimum, the report must include information
about the number of individuals who received information or treatment, the outcomes the
individuals achieved, and demographic information about the individuals participating in
the project; an assessment of the progress toward achieving statewide access to qualified
providers and comprehensive treatment and recovery services; and an update on the
evaluation implemented by the commissioner of management and budget for the promising
practices and theory-based projects that receive funding.
new text end

new text begin (b) The commissioner of management and budget, in consultation with the Opiate
Epidemic Response Advisory Council, shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance when an evaluation study described in subdivision 1, paragraph (b),
clause (5), is complete on the promising practices or theory-based projects that are selected
for evaluation activities. The report shall include demographic information; outcome
information for the individuals in the program; the results for the program in promoting
recovery, employment, family reunification, and reducing involvement with the criminal
justice system; and other relevant outcomes determined by the commissioner of management
and budget that are specific to the projects that are evaluated. The report shall include
information about the ability of grant programs to be scaled to achieve the statewide results
that the grant project demonstrated.
new text end

Sec. 7.

new text begin [256.043] OPIATE EPIDEMIC RESPONSE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The opiate epidemic response account is established in
the special revenue fund in the state treasury. The registration fees assessed by the Board
of Pharmacy under section 151.066 and the license fees identified in section 151.065,
subdivision 7, paragraph (b), shall be deposited into the account.
new text end

new text begin Subd. 2. new text end

new text begin Use of account funds. new text end

new text begin (a) Beginning in fiscal year 2021, money in the account
shall be appropriated each fiscal year as specified in this subdivision.
new text end

new text begin (b) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042.
new text end

new text begin (c) $249,000 is appropriated to the commissioner of human services for the provision
of administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (h).
new text end

new text begin (d) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
fees under section 151.066.
new text end

new text begin (e) $384,000 is appropriated to the commissioner of public safety for Bureau of Criminal
Apprehension drug scientists and lab supplies.
new text end

new text begin (f) $800,000 is appropriated to the commissioner of human services for grants of $400,000
to CHI St. Gabriel's Health Family Medical Center for the opioid-focused Project ECHO
program and $400,000 to Hennepin Health Care for the opioid-focused Project ECHO
program.
new text end

new text begin (g) $200,000 is appropriated to the commissioner of human services to be awarded as
a grant to a nonprofit organization that has provided overdose prevention programs to the
public in at least 60 counties within the state, for at least three years, has received federal
funding before January 1, 2019, and is dedicated to addressing the opioid epidemic. The
grant must be used for opioid overdose prevention, community asset mapping, education,
and overdose antagonist distribution.
new text end

new text begin (h) Money remaining in the opiate epidemic response account after making the
appropriations required in paragraphs (b) to (g) is appropriated to the commissioner of
human services. The commissioner shall distribute the appropriations as follows:
new text end

new text begin (1) at least 50 percent shall be distributed to county social service agencies to provide
child protection services to children and families who are affected by addiction. The
commissioner shall distribute this money proportionally to counties based on the number
of open child protection case management cases in the county using data from the previous
calendar year. County social service agencies receiving funds from the opiate epidemic
response account must annually report to the commissioner on how the funds were used to
provide child protection services, including measurable outcomes, as determined by the
commissioner; and
new text end

new text begin (2) the remaining money shall be awarded as specified by the Opiate Epidemic Response
Advisory Council as grants in accordance with section 256.042, unless otherwise appropriated
by the legislature.
new text end

Sec. 8. new text beginOPIATE EPIDEMIC RESPONSE ADVISORY COUNCIL FIRST MEETING
AND REPORT.
new text end

new text begin The commissioner of human services shall convene the first meeting of the Opiate
Epidemic Response Advisory Council established under Minnesota Statutes, section 256.042,
no later than October 1, 2019. The members shall elect a chair at the first meeting. The first
report required under Minnesota Statutes, section 256.042, subdivision 5, paragraph (a), is
due by January 31, 2022.
new text end

Sec. 9. new text beginSETTLEMENT; SUNSET.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 151.065 and 151.066, if the state
receives a settlement, payout, or judgment from any lawsuit brought by the state or group
of states, in which Minnesota is a named party against an opiate drug manufacturer or
manufacturers, in an amount of $20,000,000 or greater, the application fee and the annual
license fee for opiate manufacturers under Minnesota Statutes, section 151.065, subdivisions
1 and 3, shall be reduced to $5,000 and any registration fee assessed under Minnesota
Statutes, section 152.066, subdivision 3, shall be reduced to $5,000.
new text end

new text begin (b) If the fees identified in paragraph (a) are reduced, the reduced fee shall remain in
effect until the fee is reviewed and adjusted, restored, or repealed by the legislature.
new text end

new text begin (c) If the state receives any money from a settlement, payout, or judgment as described
in paragraph (a), regardless of the amount, the funds received by the state shall be deposited
in the state treasury according to paragraph (d).
new text end

new text begin (d) If payment subject to paragraph (a) is received, the commissioner of management
and budget shall deposit the first $20,000,000 of any funds received in the opiate epidemic
response account established under section 256.043, and any remaining funds shall be
deposited in a separate account in the state treasury and notify the chairs and ranking minority
members of the finance committee in the senate and the ways and means committee in the
house of representatives that an account has been created and the amount of funds deposited.
new text end

ARTICLE 2

OTHER OPIATE PROVISIONS

Section 1.

Minnesota Statutes 2018, 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; new text beginintramuscular and subcutaneous administration used for
the treatment of alcohol or opioid dependence;
new text enddrug regimen reviews; and drug or
drug-related research;

new text begin (5) drug administration, through intramuscular and subcutaneous administration used
to treat mental illnesses as permitted under the following conditions:
new text end

new text begin (i) upon the order of a prescriber and the prescriber is notified after administration is
complete; or
new text end

new text begin (ii) pursuant to a protocol or collaborative practice agreement as defined by section
151.01, subdivisions 27b and 27c, and participation in the initiation, management,
modification, administration, and discontinuation of drug therapy is according to the protocol
or collaborative practice agreement between the pharmacist and a dentist, optometrist,
physician, podiatrist, or veterinarian, or an advanced practice registered nurse authorized
to prescribe, dispense, and administer under section 148.235. Any changes in drug therapy
or medication administration 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;
new text end

deleted text begin (5)deleted text endnew text begin (6)new text end 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;

deleted text begin (6)deleted text endnew text begin (7)new text end 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;

deleted text begin (7)deleted text endnew text begin (8)new text end participation in the storage of drugs and the maintenance of records;

deleted text begin (8)deleted text endnew text begin (9)new text end patient counseling on therapeutic values, content, hazards, and uses of drugs and
devices;

deleted text begin (9)deleted text endnew text begin (10)new text end offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy; and

deleted text begin (10)deleted text endnew text begin (11)new text end 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 13.

Sec. 2.

Minnesota Statutes 2018, section 151.37, subdivision 12, is amended to read:


Subd. 12.

Administration of opiate antagonists for drug overdose.

(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
pursuant to section 147A.18 may authorize the following individuals to administer opiate
antagonists, as defined in section 604A.04, subdivision 1:

(1) an emergency medical responder registered pursuant to section 144E.27;

(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
deleted text begin and
deleted text end

(3) new text begin correctional employees of a state and local political subdivision; and
new text end

new text begin (4) new text endstaff of community-based health disease prevention or social service programs.

(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:

(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and

(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.

(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 152.105, subdivision 2, is amended to read:


Subd. 2.

Sheriff to maintain collection receptaclenew text begin or medicine disposal programnew text end.

new text begin(a)
new text end The sheriff of each county shall maintain or contract for the maintenance of at least one
collection receptaclenew text begin or implement a medicine disposal programnew text end for the disposal of
noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
as permitted by federal law. For purposes of this section, "legend drug" has the meaning
given in section 151.01, subdivision 17. The collection receptaclenew text begin and medicine disposal
program
new text end must comply with federal law. In maintaining and operating the collection receptaclenew text begin
or medicine disposal program
new text end, the sheriff shall follow all applicable provisions of Code of
Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, as amended
through May 1, 2017.

new text begin (b) For purposes of this subdivision:
new text end

new text begin (1) a medicine disposal program means providing to the public educational information,
and making materials available for safely destroying unwanted legend drugs that meet the
requirements of the Minnesota Pollution Control Agency, the United States Drug
Enforcement Administration, and the Board of Pharmacy; and
new text end

new text begin (2) a collection receptacle means the operation and maintenance of at least one drop-off
receptacle.
new text end

Sec. 4.

Minnesota Statutes 2018, section 152.11, subdivision 1, is amended to read:


Subdivision 1.

General prescription requirements for controlled substances.

(a) A
written prescription or an oral prescription reduced to writing, when issued for a controlled
substance in Schedule II, III, IV, or V, is void unless (1) it is written in ink and contains the
name and address of the person for whose use it is intended; (2) it states the amount of the
controlled substance to be compounded or dispensed, with directions for its use; (3) if a
written prescription, it contains the handwritten signature, address, and federal registry
number of the prescriber and a designation of the branch of the healing art pursued by the
prescriber; and if an oral prescription, the name and address of the prescriber and a
designation of the prescriber's branch of the healing art; and (4) it shows the date when
signed by the prescriber, or the date of acceptance in the pharmacy if an oral prescription.

(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V is
void unless it complies with the standards established pursuant to section 62J.497 and with
those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306, and 1311,
that pertain to electronic prescriptions.

(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is transmitted
by facsimile, either computer to facsimile machine or facsimile machine to facsimile machine,
is void unless it complies with the applicable requirements of Code of Federal Regulations,
title 21, part 1306.

(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
retain the original prescription in a file for a period of not less than two years, open to
inspection by any officer of the state, county, or municipal government whose duty it is to
aid and assist with the enforcement of this chapter. An original electronic or facsimile
prescription may be stored in an electronic database, provided that the database provides a
means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
a period of not less than two years.

(e) Every licensed pharmacy shall distinctly label the container in which a controlled
substance is dispensed with the directions contained in the prescription for the use of that
controlled substance.

new text begin (f) No prescription for an opiate or narcotic pain reliever listed in Schedules II through
IV of section 152.02 may be initially dispensed more than 30 days after the date on which
the prescription was issued. No subsequent refills indicated on a prescription for a Schedule
III or IV opiate or narcotic pain reliever may be dispensed more than 30 days after the
previous date on which the prescription was initially filled or refilled. After the authorized
refills for Schedule III or IV opiate or narcotic pain relievers have been used up or are
expired, no additional authorizations may be accepted for that prescription. If continued
therapy is necessary, a new prescription must be issued by the prescriber.
new text end

Sec. 5.

Minnesota Statutes 2018, section 152.11, subdivision 2d, is amended to read:


Subd. 2d.

Identification requirement for deleted text beginSchedule II or IIIdeleted text end controlled substance
prescriptions.

deleted text begin(a)deleted text end No person may dispense a controlled substance included in deleted text beginSchedule II
or III
deleted text endnew text begin Schedules II through Vnew text end without requiring the person purchasing the controlled
substance, who need not be the deleted text beginpersondeleted text endnew text begin patientnew text end for whom the controlled substance prescription
is written, to present valid photographic identification, unless the person purchasing the
controlled substancedeleted text begin, or if applicable the person for whom the controlled substance
prescription is written,
deleted text end is known to the dispenser.new text begin A doctor of veterinary medicine who
dispenses a controlled substance must comply with this subdivision.
new text end

deleted text begin (b) This subdivision applies only to purchases of controlled substances that are not
covered, in whole or in part, by a health plan company or other third-party payor.
deleted text end

Sec. 6.

Minnesota Statutes 2018, section 152.11, subdivision 4, is amended to read:


Subd. 4.

Limit on quantity of opiates prescribed deleted text beginfor acute dental and ophthalmic
pain
deleted text end.

new text begin (a) When used for the treatment of acute pain, prescriptions for opiates or narcotic
pain relievers listed in Schedules II through IV in section 152.02 shall not exceed a seven-day
supply for an adult and shall not exceed a five-day supply for a minor under 18 years of
age.
new text end

deleted text begin (a)deleted text endnew text begin (b) Notwithstanding paragraph (a),new text end when used for the treatment of acute dental painnew text begin,
including acute pain associated with wisdom teeth extraction surgery
new text end or acute pain associated
with refractive surgery, prescriptions for opiate or narcotic pain relievers listed in Schedules
II through IV of section 152.02 shall not exceed a four-day supply. deleted text beginThe quantity prescribed
shall be consistent with the dosage listed in the professional labeling for the drug that has
been approved by the United States Food and Drug Administration.
deleted text end

deleted text begin (b)deleted text endnew text begin (c)new text end For the purposes of this subdivision, "acute pain" means pain resulting from
disease, accidental or intentional trauma, surgery, or another cause, that the practitioner
reasonably expects to last only a short period of time. Acute pain does not include chronic
pain or pain being treated as part of cancer care, palliative care, or hospice or other end-of-life
care.

deleted text begin (c) Notwithstanding paragraph (a), if in the professional clinical judgment of a practitioner
more than a four-day supply of a prescription listed in Schedules II through IV of section
152.02 is required to treat a patient's acute pain, the practitioner may issue a prescription
for the quantity needed to treat such acute pain.
deleted text end

new text begin (d) Notwithstanding paragraph (a) or (b), if, in the professional clinical judgment of a
practitioner, more than the limit specified in paragraph (a) or (b) is required to treat a patient's
acute pain, the practitioner may issue a prescription for the quantity needed to treat the
patient's acute pain.
new text end

Sec. 7.

Minnesota Statutes 2018, section 152.126, subdivision 6, is amended to read:


Subd. 6.

Access to reporting system data.

(a) Except as indicated in this subdivision,
the data submitted to the board under subdivision 4 is private data on individuals as defined
in section 13.02, subdivision 12, and not subject to public disclosure.

(b) Except as specified in subdivision 5, the following persons shall be considered
permissible users and may access the data submitted under subdivision 4 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals under federal and state law:

(1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient, to whom the prescriber is:

(i) prescribing or considering prescribing any controlled substance;

(ii) providing emergency medical treatment for which access to the data may be necessary;

(iii) providing care, and the prescriber has reason to believe, based on clinically valid
indications, that the patient is potentially abusing a controlled substance; or

(iv) providing other medical treatment for which access to the data may be necessary
for a clinically valid purpose and the patient has consented to access to the submitted data,
and with the provision that the prescriber remains responsible for the use or misuse of data
accessed by a delegated agent or employee;

(2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
delegated the task of accessing the data, to the extent the information relates specifically to
a current patient to whom that dispenser is dispensing or considering dispensing any
controlled substance and with the provision that the dispenser remains responsible for the
use or misuse of data accessed by a delegated agent or employee;

(3) a licensed pharmacist who is providing pharmaceutical care for which access to the
data may be necessary to the extent that the information relates specifically to a current
patient for whom the pharmacist is providing pharmaceutical care: (i) if the patient has
consented to access to the submitted data; or (ii) if the pharmacist is consulted by a prescriber
who is requesting data in accordance with clause (1);

(4) an individual who is the recipient of a controlled substance prescription for which
data was submitted under subdivision 4, or a guardian of the individual, parent or guardian
of a minor, or health care agent of the individual acting under a health care directive under
chapter 145Cnew text begin. For purposes of this clause, access by individuals includes persons in the
definition of an individual under section 13.02
new text end;

(5) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, or of the Emergency Medical Services Regulatory Board, assigned to conduct
a bona fide investigation of a complaint received by that board that alleges that a specific
licensee is impaired by use of a drug for which data is collected under subdivision 4, has
engaged in activity that would constitute a crime as defined in section 152.025, or has
engaged in the behavior specified in subdivision 5, paragraph (a);

(6) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;

(7) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the prescription
monitoring program as part of the assigned duties and responsibilities of their employment,
provided that access to data is limited to the minimum amount necessary to carry out such
duties and responsibilities, and subject to the requirement of de-identification and time limit
on retention of data specified in subdivision 5, paragraphs (d) and (e);

(8) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant;

(9) personnel of the Minnesota health care programs assigned to use the data collected
under this section to identify and manage recipients whose usage of controlled substances
may warrant restriction to a single primary care provider, a single outpatient pharmacy, and
a single hospital;

(10) personnel of the Department of Human Services assigned to access the data pursuant
to paragraph (i);

(11) personnel of the health professionals services program established under section
214.31, to the extent that the information relates specifically to an individual who is currently
enrolled in and being monitored by the program, and the individual consents to access to
that information. The health professionals services program personnel shall not provide this
data to a health-related licensing board or the Emergency Medical Services Regulatory
Board, except as permitted under section 214.33, subdivision 3deleted text begin.deleted text endnew text begin; and
new text end

deleted text begin For purposes of clause (4), access by an individual includes persons in the definition of
an individual under section 13.02; and
deleted text end

(12) personnel or designees of a health-related licensing board listed in section 214.01,
subdivision 2
, assigned to conduct a bona fide investigation of a complaint received by that
board that alleges that a specific licensee is inappropriately prescribing controlled substances
as defined in this section.

(c) By July 1, 2017, every prescriber licensed by a health-related licensing board listed
in section 214.01, subdivision 2, practicing within this state who is authorized to prescribe
controlled substances for humans and who holds a current registration issued by the federal
Drug Enforcement Administration, and every pharmacist licensed by the board and practicing
within the state, shall register and maintain a user account with the prescription monitoring
program. Data submitted by a prescriber, pharmacist, or their delegate during the registration
application process, other than their name, license number, and license type, is classified
as private pursuant to section 13.02, subdivision 12.

(d)new text begin Notwithstanding paragraph (b), beginning January 1, 2021, a prescriber or an agent
or employee of the prescriber to whom the prescriber has delegated the task of accessing
the data, must access the data submitted under subdivision 4 to the extent the information
relates specifically to the patient:
new text end

new text begin (1) before the prescriber issues an initial prescription order for a Schedules II through
IV opiate controlled substance to the patient; and
new text end

new text begin (2) at least once every three months for patients receiving an opiate for treatment of
chronic pain or participating in medically assisted treatment for an opioid addiction.
new text end

new text begin (e) Paragraph (d) does not apply if:
new text end

new text begin (1) the patient is receiving palliative care, or hospice or other end-of-life care;
new text end

new text begin (2) the patient is being treated for pain due to cancer or the treatment of cancer;
new text end

new text begin (3) the prescription order is for a number of doses that is intended to last the patient five
days or less and is not subject to a refill;
new text end

new text begin (4) the prescriber and patient have a current or ongoing provider/patient relationship of
a duration longer than one year;
new text end

new text begin (5) the prescription order is issued within 14 days following surgery or three days
following oral surgery or follows the prescribing protocols established under the opioid
prescribing improvement program under section 256B.0638;
new text end

new text begin (6) the controlled substance is prescribed or administered to a patient who is admitted
to an inpatient hospital;
new text end

new text begin (7) the controlled substance is lawfully administered by injection, ingestion, or any other
means to the patient by the prescriber, a pharmacist, or by the patient at the direction of a
prescriber and in the presence of the prescriber or pharmacist;
new text end

new text begin (8) due to a medical emergency, it is not possible for the prescriber to review the data
before the prescriber issues the prescription order for the patient; or
new text end

new text begin (9) the prescriber is unable to access the data due to operational or other technological
failure of the program so long as the prescriber reports the failure to the board.
new text end

new text begin (f) new text endOnly permissible users identified in paragraph (b), clauses (1), (2), (3), (6), (7), (9),
and (10), may directly access the data electronically. No other permissible users may directly
access the data electronically. If the data is directly accessed electronically, the permissible
user shall implement and maintain a comprehensive information security program that
contains administrative, technical, and physical safeguards that are appropriate to the user's
size and complexity, and the sensitivity of the personal information obtained. The permissible
user shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.

deleted text begin (e)deleted text endnew text begin (g)new text end The board shall not release data submitted under subdivision 4 unless it is provided
with evidence, satisfactory to the board, that the person requesting the information is entitled
to receive the data.

deleted text begin (f)deleted text endnew text begin (h)new text end The board shall maintain a log of all persons who access the data for a period of
at least three years and shall ensure that any permissible user complies with paragraph (c)
prior to attaining direct access to the data.

deleted text begin (g)deleted text endnew text begin (i)new text end Section 13.05, subdivision 6, shall apply to any contract the board enters into
pursuant to subdivision 2. A vendor shall not use data collected under this section for any
purpose not specified in this section.

deleted text begin (h)deleted text endnew text begin (j)new text end The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section, and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.

deleted text begin (i)deleted text endnew text begin (k)new text end With available appropriations, the commissioner of human services shall establish
and implement a system through which the Department of Human Services shall routinely
access the data for the purpose of determining whether any client enrolled in an opioid
treatment program licensed according to chapter 245A has been prescribed or dispensed a
controlled substance in addition to that administered or dispensed by the opioid treatment
program. When the commissioner determines there have been multiple prescribers or multiple
prescriptions of controlled substances, the commissioner shall:

(1) inform the medical director of the opioid treatment program only that the
commissioner determined the existence of multiple prescribers or multiple prescriptions of
controlled substances; and

(2) direct the medical director of the opioid treatment program to access the data directly,
review the effect of the multiple prescribers or multiple prescriptions, and document the
review.

If determined necessary, the commissioner of human services shall seek a federal waiver
of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section
2.34, paragraph (c), prior to implementing this paragraph.

deleted text begin (j)deleted text endnew text begin (l)new text end The board shall review the data submitted under subdivision 4 on at least a quarterly
basis and shall establish criteria, in consultation with the advisory task force, for referring
information about a patient to prescribers and dispensers who prescribed or dispensed the
prescriptions in question if the criteria are met.

Sec. 8.

Minnesota Statutes 2018, section 152.126, subdivision 10, is amended to read:


Subd. 10.

Funding.

(a) The board may seek grants and private funds from nonprofit
charitable foundations, the federal government, and other sources to fund the enhancement
and ongoing operations of the prescription monitoring program established under this section.
Any funds received shall be appropriated to the board for this purpose. The board may not
expend funds to enhance the program in a way that conflicts with this section without seeking
approval from the legislature.

(b) Notwithstanding any other section, the administrative services unit for the
health-related licensing boards shall apportion between the Board of Medical Practice, the
Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to be
paid through fees by each respective board. The amount apportioned to each board shall
equal each board's share of the annual appropriation to the Board of Pharmacy from the
state government special revenue fund for operating the prescription monitoring program
under this section. Each board's apportioned share shall be based on the number of prescribers
or dispensers that each board identified in this paragraph licenses as a percentage of the
total number of prescribers and dispensers licensed collectively by these boards. Each
respective board may adjust the fees that the boards are required to collect to compensate
for the amount apportioned to each board by the administrative services unit.

new text begin (c) The board has the authority to modify its contract with its vendor as provided in
subdivision 2, to authorize that vendor to provide a service to prescribers and pharmacies
that allows them to access prescription monitoring program data from within the electronic
health record system or pharmacy software used by those prescribers and pharmacists.
Beginning July 1, 2019, the board has the authority to collect an annual fee from each
prescriber or pharmacist who accesses prescription monitoring program data through the
service offered by the vendor. The annual fee collected must not exceed $50 per user. The
fees collected by the board under this paragraph shall be deposited in the state government
special revenue fund and are appropriated to the board for the purposes of this paragraph.
new text end

Sec. 9.

Minnesota Statutes 2018, section 214.12, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Opioid and controlled substances prescribing. new text end

new text begin (a) The Board of Medical
Practice, the Board of Nursing, the Board of Dentistry, the Board of Optometry, and the
Board of Podiatric Medicine shall require that licensees with the authority to prescribe
controlled substances obtain at least two hours of continuing education credit on best practices
in prescribing opioids and controlled substances, as part of the continuing education
requirements for licensure renewal. Licensees shall not be required to complete more than
two credit hours of continuing education on best practices in prescribing opioids and
controlled substances before this subdivision expires. Continuing education credit on best
practices in prescribing opioids and controlled substances must meet board requirements.
new text end

new text begin (b) Paragraph (a) does not apply to any licensee who is participating in the opioid
prescribing improvement program under section 256B.0638, unless the licensee has been
terminated as a medical assistance provider under section 256B.0638, subdivision 5,
paragraph (d).
new text end

new text begin (c) This subdivision expires January 1, 2024.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 10. new text beginPAIN MANAGEMENT.
new text end

new text begin (a) The Health Services Policy Committee established under Minnesota Statutes, section
256B.0625, subdivision 3c, shall evaluate and make recommendations on the integration
of nonpharmacologic pain management that are clinically viable and sustainable; reduce or
eliminate chronic pain conditions; improve functional status; and prevent addiction and
reduce dependence on opiates or other pain medications. The recommendations must be
based on best practices for the effective treatment of musculoskeletal pain provided by
health practitioners identified in paragraph (b), and covered under medical assistance. Each
health practitioner represented under paragraph (b) shall present the minimum best integrated
practice recommendations, policies, and scientific evidence for nonpharmacologic treatment
options for eliminating pain and improving functional status within their full professional
scope. Recommendations for integration of services may include guidance regarding
screening for co-occurring behavioral health diagnoses; protocols for communication between
all providers treating a unique individual, including protocols for follow-up; and universal
mechanisms to assess improvements in functional status.
new text end

new text begin (b) In evaluating and making recommendations, the Health Services Policy Committee
shall consult and collaborate with the following health practitioners: acupuncture practitioners
licensed under Minnesota Statutes, chapter 147B; chiropractors licensed under Minnesota
Statutes, sections 148.01 to 148.10; physical therapists licensed under Minnesota Statutes,
sections 148.68 to 148.78; medical and osteopathic physicians licensed under Minnesota
Statutes, chapter 147, and advanced practice registered nurses licensed under Minnesota
Statutes, sections 148.171 to 148.285, with experience in providing primary care
collaboratively within a multidisciplinary team of health care practitioners who employ
nonpharmacologic pain therapies; and psychologists licensed under Minnesota Statutes,
section 148.907.
new text end

new text begin (c) The commissioner shall submit a progress report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by January 15, 2021, and shall report final recommendations by August
1, 2021. The final report may also contain recommendations for developing and implementing
a pilot program to assess the clinical viability, sustainability, and effectiveness of integrated
nonpharmacologic, multidisciplinary treatments for managing musculoskeletal pain and
improving functional status.
new text end

Sec. 11. new text beginAPPROPRIATION.
new text end

new text begin (a) $2,000,000 in fiscal year 2020 and $2,000,000 in fiscal year 2021 are appropriated
from the general fund to the commissioner of public safety for violent crime enforcement
team grants under Minnesota Statutes, section 299A.642, subdivision 9. In awarding these
grants, the commissioner must place a priority on funding nonmetro teams. The commissioner
of public safety shall provide outreach, technical assistance, and program development
support to increase the capacity of small communities to access grants under Minnesota
Statutes, section 299A.642, subdivision 9, particularly in areas where violent crime
enforcement teams have not been established, especially in greater Minnesota. By February
1 of each year, the commissioner shall report to the chairs and ranking minority members
of the senate and house of representatives committees and divisions having jurisdiction over
criminal justice policy and funding on the distribution of grants, outreach, assistance, and
support under this paragraph. The report must include information on the total number of
requests for grants, outreach, assistance, and support, where these requests originated, and
the amount of money for each successful request.
new text end

new text begin (b) $244,000 in fiscal year 2020 is appropriated from the general fund to the Board of
Pharmacy for onetime information technology and operating costs for administration of
licensing activities under Minnesota Statutes, section 151.066. This is a onetime
appropriation.
new text end

new text begin (c) $500,000 in fiscal year 2020 is appropriated from the general fund for Board of
Pharmacy operations under Minnesota Statutes, chapter 151.
new text end

new text begin (d) $500,000 in fiscal year 2021 is appropriated from the opiate epidemic response
account in the special revenue fund for Board of Pharmacy operations under Minnesota
Statutes, chapter 151.
new text end

new text begin (e) $300,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of management and budget for evaluation activities under section 256.042.
new text end

new text begin (f) $249,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services for the provision of administrative services to the Opiate Epidemic
Response Advisory Council and for the administration of the grants awarded under paragraph
(h).
new text end

new text begin (g) $126,000 in fiscal year 2020 is appropriated from the general fund to the Board of
Pharmacy for the collection of the registration fees under section 151.066.
new text end

new text begin (h) $384,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of public safety for Bureau of Criminal Apprehension drug scientists and lab supplies.
new text end

new text begin (i) $800,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services for grants of $400,000 to CHI St. Gabriel's Health Family Medical Center
for the opioid-focused Project ECHO program and $400,000 to Hennepin Health Care for
the opioid-focused Project ECHO program.
new text end

new text begin (j) $200,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services for a grant to a nonprofit organization that has provided overdose
prevention programs to the public in at least 60 counties within the state, for at least three
years, has received federal funding before January 1, 2019, and is dedicated to addressing
the opioid epidemic. The grant must be used for opioid overdose prevention, community
asset mapping, education, and overdose antagonist distribution.
new text end

new text begin (k) $11,000 in fiscal year 2020 is appropriated from the state government special revenue
fund to the Board of Dentistry to implement the continuing education requirements under
Minnesota Statutes, section 214.12.
new text end

new text begin (l) $17,000 in fiscal year 2020 is appropriated from the state government special revenue
fund to the Board of Medical Practice to implement the continuing education requirements
under Minnesota Statutes, section 214.12.
new text end

new text begin (m) $17,000 in fiscal year 2020 is appropriated from the state government special revenue
fund to the Board of Nursing to implement the continuing education requirements under
Minnesota Statutes, section 214.12.
new text end

new text begin (n) $5,000 in fiscal year 2020 is appropriated from the state government special revenue
fund to the Board of Optometry to implement the continuing education requirements under
Minnesota Statutes, section 214.12.
new text end

new text begin (o) $5,000 in fiscal year 2020 is appropriated from the state government special revenue
fund to the Board of Podiatric Medicine to implement the continuing education requirements
under Minnesota Statutes, section 214.12.
new text end

Sec. 12. new text beginTRANSFER.
new text end

new text begin By June 30, 2021, the commissioner of management and budget shall transfer $2,803,000
from the opiate epidemic response account to the general fund.
new text end