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SF 2195

as introduced - 87th Legislature (2011 - 2012) Posted on 06/21/2012 09:59am

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

Current Version - as introduced

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A bill for an act
relating to health; authorizing the licensure of physicians to dispense drugs in
pharmacies located in health professional shortage areas; amending Minnesota
Statutes 2010, section 151.01, by adding subdivisions; Minnesota Statutes 2011
Supplement, section 151.19, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 151.01, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Limited service pharmacy. new text end

new text begin "Limited service pharmacy" means a
pharmacy that has been issued a restricted license by the board to perform a limited range
of the activities that constitute the practice of pharmacy.
new text end

Sec. 2.

Minnesota Statutes 2010, section 151.01, is amended by adding a subdivision
to read:


new text begin Subd. 34. new text end

new text begin Health professional shortage area. new text end

new text begin "Health professional shortage area"
means an area designated as such by the federal Secretary of Health and Human Services,
as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
title 42, section 254E.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 151.19, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Licensing of physicians to dispense drugs; renewals. new text end

new text begin (a) The board may
grant a license to any physician licensed under chapter 147 authorizing the physician to
dispense drugs to individuals for whom pharmaceutical care is not reasonably available.
The license may be renewed annually. Any physician licensed under this subdivision shall
be limited to dispensing drugs in a limited services pharmacy and shall be governed by the
rules adopted by the board when dispensing drugs.
new text end

new text begin (b) For the purposes of this subdivision, pharmaceutical care is not reasonably
available if the pharmacy in which the physician is dispensing drugs is located in a health
professional shortage area.
new text end

new text begin (c) For the purposes of this subdivision, section 151.15, subdivision 2, shall not
apply, and section 151.215 shall not apply provided that a physician granted a license
under this subdivision certifies each filled prescription in accordance with Minnesota
Rules, part 6800.3100, subpart 3.
new text end

new text begin (d) Notwithstanding section 151.102, a physician granted a license under this
subdivision may be assisted by a pharmacy technician if the technician 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. The physician may supervise the pharmacy technician as long as the physician
assumes responsibility for all functions performed by the technician. For purposes of this
subdivision, supervision does not require the physician to be physically present if the
physician or a licensed pharmacist is available, either electronically or by telephone.
new text end

new text begin (e) Nothing in this subdivision shall be construed to prohibit a physician from
dispensing drugs pursuant to section 151.37 and Minnesota Rules, parts 6800.9950
to 6800.9954.
new text end