Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 1765

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 09/30/2015 03:55pm

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

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22
3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16

A bill for an act
relating to health; modifying definitions; increasing the permitted ratio of
pharmacy technicians to pharmacists; increasing the size of the Board of
Pharmacy; amending Minnesota Statutes 2014, sections 151.01, subdivisions
15a, 27; 151.02; 151.102.

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

Section 1.

Minnesota Statutes 2014, section 151.01, subdivision 15a, is amended to read:


Subd. 15a.

Pharmacy technician.

"Pharmacy technician" means a person not
licensed as a pharmacist or new text beginregistered as new text enda pharmacist intern, who deleted text beginassists the pharmacist
in the preparation and dispensing of medications by performing computer entry of
prescription data and other manipulative tasks. A pharmacy technician shall not perform
tasks specifically reserved to a licensed pharmacist or requiring
deleted text endnew text begin has been trained in
pharmacy tasks that do not require the
new text end professional judgmentnew text begin of a licensed pharmacist. A
pharmacy technician may not perform tasks specifically reserved to a licensed pharmacist
new text end.

Sec. 2.

Minnesota Statutes 2014, 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; drug regimen reviews; and drug or drug-related research;

(5) participation in administration of influenza vaccines to all eligible individuals deleted text beginten
deleted text endnew text beginsixnew text end years of age and oldernew text begin; a booster dose or the completion of a vaccine series to patients
13 years of age through 17 years of age that does not include the initial dose of a vaccine;
new text endand all other vaccines to patients 18 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) new text beginthe 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;
new text end

new text begin (iv) new text endthe pharmacist reports the administration of the immunization deleted text beginto the patient's
primary physician or clinic or
deleted text end to the Minnesota Immunization Information Connection; and

deleted text begin (iv)deleted text endnew text begin (v)new text end 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;

(6) 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;

(7) participation in the storage of drugs and the maintenance of records;

(8) patient counseling on therapeutic values, content, hazards, and uses of drugs
and devices; and

(9) offering or performing those acts, services, operations, or transactions necessary
in the conduct, operation, management, and control of a pharmacy.

Sec. 3.

Minnesota Statutes 2014, section 151.02, is amended to read:


151.02 STATE BOARD OF PHARMACY.

The Minnesota State Board of Pharmacy shall consist of deleted text begintwodeleted text endnew text begin threenew text end public members
as defined by section 214.02 and deleted text beginfivedeleted text endnew text begin sixnew text end pharmacists actively engaged in the practice of
pharmacy in this state. Each of said pharmacists shall have had at least five consecutive
years of practical experience as a pharmacist immediately preceding appointment.

Sec. 4.

Minnesota Statutes 2014, section 151.102, is amended to read:


151.102 PHARMACY TECHNICIAN.

Subdivision 1.

General.

A pharmacy technician may assist a pharmacist in the
practice of pharmacy by performing deleted text beginnonjudgmentaldeleted text end tasks deleted text beginanddeleted text endnew text begin that are not reserved to, and
do not require the professional judgment of, a licensed pharmacist. A pharmacy technician
new text endworks under the personal and direct supervision of the pharmacist. A pharmacist may
supervise deleted text begintwodeleted text endnew text begin up to threenew text end techniciansdeleted text begin, as long as thedeleted text endnew text begin. Anew text end pharmacist deleted text beginassumes responsibility
deleted text endnew text beginis responsiblenew text end for all the deleted text beginfunctionsdeleted text endnew text begin worknew text end performed by the techniciansnew text begin who are under the
supervision of the pharmacist
new text end. A pharmacy may exceed the ratio of pharmacy technicians
to pharmacists permitted in this subdivision or in rule by a total of one technician at
any given time in the pharmacy, provided at least one technician in the pharmacy
holds a valid certification from the Pharmacy Technician Certification Board or from
another national certification body for pharmacy technicians that requires passage of a
nationally recognized, psychometrically valid certification examination for certification as
determined by the Board of Pharmacy. The Board of Pharmacy may, by rule, set ratios of
technicians to pharmacists greater than deleted text begintwodeleted text endnew text begin threenew text end to one for the functions specified in rule.
deleted text beginThe delegation of any duties, tasks, or functions by a pharmacist to a pharmacy technician
is subject to continuing review and becomes the professional and personal responsibility of
the pharmacist who directed the pharmacy technician to perform the duty, task, or function.
deleted text end

Subd. 2.

Waivers by board permitted.

A pharmacist in charge in a pharmacy may
petition the board for authorization to allow a pharmacist to supervise more than deleted text begintwodeleted text endnew text begin three
new text endpharmacy technicians. The pharmacist's petition must include provisions addressing deleted text beginthe
maintenance of
deleted text endnew text begin hownew text end patient care and safetynew text begin will be maintainednew text end. A petition filed with the
board under this subdivision shall be deemed approved 90 days after the board receives
the petition, unless the board denies the petition within 90 days of receipt and notifies the
petitioning pharmacist of the petition's denial and the board's reasons for denial.

Subd. 3.

Registration fee.

The board shall not register an individual as a pharmacy
technician unless all applicable fees specified in section 151.065 have been paid.