SF 1350

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying the requirements for 
  1.3             dispensing controlled substances; amending Minnesota 
  1.4             Statutes 1996, section 152.11. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 152.11, is 
  1.7   amended to read: 
  1.8      152.11 [WRITTEN OR ORAL PRESCRIPTIONS, REQUISITES.] 
  1.9      Subdivision 1.  No person may dispense a controlled 
  1.10  substance included in Schedule II of section 152.02 without a 
  1.11  prescription written by a doctor of medicine, a doctor of 
  1.12  osteopathy licensed to practice medicine, a doctor of dental 
  1.13  surgery, a doctor of dental medicine, a doctor of podiatry, or a 
  1.14  doctor of veterinary medicine, lawfully licensed to prescribe in 
  1.15  this state, or a state bordering Minnesota any state or 
  1.16  jurisdiction of the United States, and having a current federal 
  1.17  drug enforcement administration registration number.  Provided 
  1.18  that in emergency situations, as authorized by federal law, such 
  1.19  drug may be dispensed upon oral prescription reduced promptly to 
  1.20  writing and filed by the pharmacist.  Such prescriptions shall 
  1.21  be retained in conformity with section 152.101.  No prescription 
  1.22  for a Schedule II substance may be refilled.  
  1.23     For the purposes of this chapter, a written prescription or 
  1.24  oral prescription, which shall be reduced to writing, for a 
  1.25  controlled substance in schedule II, III, IV or V is void unless 
  2.1   (1) it is written in ink and contains the name and address of 
  2.2   the person for whose use it is intended; (2) it states the 
  2.3   amount of the controlled substance to be compounded or 
  2.4   dispensed, with directions for its use; (3) if a written 
  2.5   prescription, it contains the signature, address and federal 
  2.6   registry number of the prescriber and a designation of the 
  2.7   branch of the healing art pursued by the prescriber; and if an 
  2.8   oral prescription, the name and address of the prescriber and a 
  2.9   designation of the prescriber's branch of the healing art; and 
  2.10  (4) it shows the date when signed by the prescriber, or the date 
  2.11  of acceptance in the pharmacy if an oral prescription.  Every 
  2.12  licensed pharmacist who compounds any such prescription shall 
  2.13  retain such prescription in a file for a period of not less than 
  2.14  two years, open to inspection by any officer of the state, 
  2.15  county, or municipal government, whose duty it is to aid and 
  2.16  assist with the enforcement of this chapter.  Every such 
  2.17  pharmacist shall distinctly label the container with the 
  2.18  directions contained in the prescription for the use thereof. 
  2.19     Subd. 2.  No person may dispense a controlled substance 
  2.20  included in schedule III or IV of section 152.02 without a 
  2.21  written or oral prescription from a doctor of medicine, a doctor 
  2.22  of osteopathy licensed to practice medicine, a doctor of dental 
  2.23  surgery, a doctor of dental medicine, a doctor of podiatry, or a 
  2.24  doctor of veterinary medicine, lawfully licensed to prescribe in 
  2.25  this state or a state bordering Minnesota any state or 
  2.26  jurisdiction of the United States, and having a current federal 
  2.27  drug enforcement administration registration number.  Such 
  2.28  prescription may not be dispensed or refilled except with the 
  2.29  written or verbal consent of the prescriber, and in no event 
  2.30  more than six months after the date on which such prescription 
  2.31  was issued and no such prescription may be refilled more than 
  2.32  five times. 
  2.33     Subd. 3.  For the purpose of subdivisions 1 and 2, nothing 
  2.34  shall prohibit the dispensing of orphan drugs prescribed by a 
  2.35  person practicing in and licensed by another state or 
  2.36  jurisdiction of the United States as a physician, dentist, 
  3.1   veterinarian, or podiatrist; who has a current federal drug 
  3.2   enforcement administration registration number; and who may 
  3.3   legally prescribe Schedule II, III, IV, or V controlled 
  3.4   substances in that state. 
  3.5      Subd. 4.  Nothing in this section may be construed to 
  3.6   authorize a person licensed in another state or jurisdiction to 
  3.7   prescribe a controlled substance with intent to assist another 
  3.8   in taking the other's own life in violation of section 609.215 
  3.9   with intent or knowledge that the prescription will be dispensed 
  3.10  in Minnesota.