SF 900

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; establishing the Long-Term Resident Access to
Pharmaceuticals Act; amending Minnesota Statutes 2006, section 151.19,
subdivision 2; 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 2006, section 151.19, subdivision 2, is amended to read:

Subd. 2.

Nonresident pharmacies.

The board shall require and provide for an
annual nonresident special pharmacy registration for all pharmacies located outside of this
state that regularly dispense medications for Minnesota residents and mail, ship, or deliver
prescription medications into this state. Nonresident special pharmacy registration shall
be granted by the board upon the disclosure and certification by a pharmacy:

(1) that it is licensed in the state in which the dispensing facility is located and from
which the drugs are dispensed;

(2) the location, names, and titles of all principal corporate officers and all
pharmacists who are dispensing drugs to residents of this state;

(3) that it complies with all lawful directions and requests for information from
the Board of Pharmacy of all states in which it is licensed or registered, except that it
shall respond directly to all communications from the board concerning emergency
circumstances arising from the dispensing of drugs to residents of this state;

(4) that it maintains its records of drugs dispensed to residents of this state so that the
records are readily retrievable from the records of other drugs dispensed;

(5) that it cooperates with the board in providing information to the Board of
Pharmacy of the state in which it is licensed concerning matters related to the dispensing
of drugs to residents of this state; deleted text begin and
deleted text end

(6) that during its regular hours of operation, but not less than six days per week, for
a minimum of 40 hours per week, a toll-free telephone service is provided to facilitate
communication between patients in this state and a pharmacist at the pharmacy who has
access to the patients' records; the toll-free number must be disclosed on the label affixed
to each container of drugs dispensed to residents of this state deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) that, upon request of a resident of a long-term care facility located within the
state of Minnesota, the resident's authorized representative, or a contract pharmacy or
licensed health care facility acting on behalf of the resident, the pharmacy will dispense
medications prescribed for the resident in unit-dose packaging or, alternatively, comply
with the provisions of section 151.415, subdivision 5.
new text end

Sec. 2.

new text begin [151.415] LONG-TERM CARE RESIDENT ACCESS TO
PHARMACEUTICALS ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title; citation. new text end

new text begin This section may be cited as the "Long-Term Care
Resident Access to Pharmaceuticals Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have the
meanings given them unless otherwise provided by text:
new text end

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

new text begin (b) "Contract pharmacy" means a pharmacy, licensed under this chapter, which is
under contract to a long-term care facility.
new text end

new text begin (c) "Long-term care facility" means a nursing home licensed under sections 144A.02
to 144A.10, or a boarding care home licensed under sections 144.50 to 144.56. Facilities
not certified under title XIX of the federal Social Security Act are not included in this
definition.
new text end

new text begin (d) "Original dispensing pharmacy" shall mean a pharmacy, licensed in any state in
the United States, which dispenses drugs in bulk prescription containers to a person who
is a resident in a long-term care facility.
new text end

new text begin Subd. 3. new text end

new text begin Authorization to administer and repackage drugs. new text end

new text begin (a) A contract
pharmacist or pharmacy may repackage a resident's prescription drugs, which have been
lawfully dispensed from bulk prescription containers by an original dispensing pharmacy,
into a unit-dose system compatible with the system used by the long-term care facility.
new text end

new text begin (b) A long-term care facility may administer drugs to residents of the facility that
have been repackaged according to this subdivision. The contract pharmacy shall notify
the long-term care facility whenever medications have been dispensed according to
this subdivision and must certify that the repackaging and dispensing has been done in
accordance with this subdivision.
new text end

new text begin (c) Drugs may be dispensed for a resident of a long-term care facility according to
this subdivision, provided that:
new text end

new text begin (1) the drug is dispensed by the original dispensing pharmacy according to a current,
valid prescription;
new text end

new text begin (2) the original bulk prescription container for the resident is delivered by the
original dispensing pharmacy directly to the contract pharmacist or pharmacy;
new text end

new text begin (3) the contract pharmacist or pharmacy verifies the name and strength of the drug,
the name of the manufacturer of the drug, the manufacturer's lot or control number, the
manufacturer's expiration date for the drug, and the date the drug was dispensed by the
original dispensing pharmacy;
new text end

new text begin (4) the contract pharmacist or pharmacy verifies the validity and accuracy of the
current prescription order;
new text end

new text begin (5) the contract pharmacist or pharmacy repackages the drug in board-approved
unit-dose packaging, with labeling that complies with Minnesota Rules, part 6800.6300,
and that identifies that the drug has been repackaged according to this section;
new text end

new text begin (6) the resident for whom the medication is repackaged obtains medications from or
receives medications at a discounted rate from the original dispensing pharmacy under the
resident's state or federal health assistance program or a private health insurance plan; and
new text end

new text begin (7) the resident for whom the medication is to be repackaged, or the resident's
authorized representative, has signed an informed consent form provided by the facility
which includes an explanation of the repackaging process and which notifies the resident
of the immunities from liability provided in this section.
new text end

new text begin Subd. 4. new text end

new text begin Maintenance of records. new text end

new text begin For each drug repackaged by a contract
pharmacy under this section, the contract pharmacy shall maintain a record for at least
two years of the following information:
new text end

new text begin (1) the name, manufacturer, manufacturer's lot number, manufacturer's expiration
date, and quantity of the drug prescribed;
new text end

new text begin (2) the name and address of the resident for whom the drug was repackaged;
new text end

new text begin (3) the name and address or other identifier of the prescriber;
new text end

new text begin (4) the date the prescription was issued and the date the drug was repackaged;
new text end

new text begin (5) the date the repackaged drug was delivered to the long-term care facility;
new text end

new text begin (6) the directions for use;
new text end

new text begin (7) a copy of the label that was affixed to the repackaged drug;
new text end

new text begin (8) the initials of the packager;
new text end

new text begin (9) the initials of the supervising pharmacist; and
new text end

new text begin (10) the name and business address of the original dispensing pharmacy.
new text end

new text begin Subd. 5. new text end

new text begin Duties of the original dispensing pharmacy. new text end

new text begin Upon request of the
resident, the resident's authorized representative, or a contract pharmacy or licensed
health care facility acting on behalf of the resident, the original dispensing pharmacy
is required to deliver medications dispensed for the resident directly to the contract
pharmacist or pharmacy. The original dispensing pharmacy is further required to provide
the contract pharmacist or pharmacy with the name and strength of the drug, the name of
the manufacturer of the drug, the manufacturer's lot or control number, the manufacturer's
expiration date for the drug, and the date the drug was dispensed.
new text end

new text begin Subd. 6. new text end

new text begin Redispensing of returned drugs prohibited. new text end

new text begin Unused drugs repackaged
according to this section that are returned to any pharmacy shall not be redispensed.
new text end

new text begin Subd. 7. new text end

new text begin Immunity from civil liability. new text end

new text begin (a) A contract pharmacist or pharmacy
and its employees or agents repackaging a drug acquired from an original dispensing
pharmacy shall be immune from civil liability arising from harm caused by the drug due
to acts or omissions of other persons outside of the contract pharmacist or pharmacy if the
contract pharmacist or pharmacy properly repackages the drug according to this section.
new text end

new text begin (b) A long-term care facility and the facility's employees or agents who properly
administer a drug repackaged by a contract pharmacist or pharmacy under this section
shall be immune from civil liability arising from harm caused by the drug due to acts or
omissions of other persons outside the long-term care facility.
new text end

new text begin Subd. 8. new text end

new text begin Handling fee. new text end

new text begin A contract pharmacist or pharmacy may charge a monthly
fee of no more than 250 percent of the medical assistance program dispensing fee for
each drug repackaged according to this section, but no more than $100 per month for
each individual resident.
new text end