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HF 3032

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

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A bill for an act
relating to health; prohibiting a pharmacist from refusing to dispense a
prescription drug or device except under certain circumstances;proposing coding
for new law in Minnesota Statutes, chapter 151.

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

Section 1.

[151.415] PROHIBITION AGAINST REFUSING TO DISPENSE A
LEGEND DRUG OR DEVICE.

Subdivision 1.

Intent.

It is the intent of the legislature that pharmacists dispense
legend drugs and devices in a timely way or provide appropriate referrals for patients to
obtain the necessary legend drugs and devices, despite the pharmacist's objection to
dispensing the drugs or devices on ethical, moral, or religious grounds.

Subd. 2.

Prohibition.

(a) No pharmacist shall obstruct a patient in obtaining a
legend drug or device that has been legally prescribed or ordered for that patient. A
violation of this section constitutes unprofessional conduct by the pharmacist and shall
subject the pharmacist to disciplinary or administrative action by the Board of Pharmacy.

(b) Notwithstanding any other provision of law, a pharmacist shall dispense drugs
and devices, as described in section 151.01, subdivision 30, pursuant to a lawful order or
prescription unless one of the following circumstances exists:

(1) based solely on the pharmacist's professional training and judgment dispensing
pursuant to the order or the prescription is contrary to law, or the pharmacist determines
that the prescribed drug or device would cause a harmful drug interaction or would
otherwise adversely affect the patient's medical condition;

(2) the legend drug or device is not in stock. If an order or prescription cannot be
dispensed because the drug or device is not in stock, the pharmacist shall take one of the
following actions:

(i) immediately notify the patient and arrange for the drug or device to be delivered
to the site or directly to the patient in a timely manner;

(ii) promptly transfer the prescription to another pharmacy known to stock the
legend drug or device that is near enough to the site from which the prescription or order
is transferred, to ensure the patient has timely access to the drug or device; or

(iii) return the prescription to the patient and refer the patient. The pharmacist shall
make a reasonable effort to refer the patient to a pharmacy that stocks the legend drug
or device that is near enough to the referring site to ensure that the patient has timely
access to the drug or device; or

(3) the pharmacist refuses on ethical, moral, or religious grounds to dispense a drug
or device pursuant to an order or prescription. A pharmacist may decline to dispense a
prescription drug or device on this basis only if the employer has previously been notified
by the pharmacist, in writing, of the drug or class of drugs to which the pharmacist objects,
and the pharmacist's employer can, without creating undue hardship, provide a reasonable
accommodation of the pharmacist's objection. The pharmacist's employer shall establish
protocols that ensure that the patient has timely access to the prescribed drug or device
despite the pharmacist's refusal to dispense the prescription or order.

(c) For the purposes of this section, "legend drug or device" has the same meaning as
the definition in section 151.01, subdivision 17.

(d) This section imposes no duty on a pharmacist to dispense a drug or device
pursuant to a prescription or order without payment for the drug or device, including
payment directly by the patient or through a third-party payer accepted by the pharmacist
or payment of any required co-payment by the patient.

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