SF 53

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:16am

A bill for an act
relating to health care; requiring prescribers of opioids to offer a prescription for
naloxone hydrochloride under certain circumstances and provide education on
overdose prevention and the use of naloxone hydrochloride; amending Minnesota
Statutes 2020, section 152.11, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 152.11, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Naloxone hydrochloride prescription. new text end

new text begin (a) Notwithstanding any other law to
the contrary, a prescriber who is authorized to prescribe an opioid under section 152.12,
subdivision 1, when prescribing an opioid, must offer to the patient a prescription for
naloxone hydrochloride or another drug approved by the United States Food and Drug
Administration for the complete or partial reversal of opioid depression if one of the following
conditions is met:
new text end

new text begin (1) the opioid prescription dosage is equal to or in excess of 50 morphine milligram
equivalents (MME) per day;
new text end

new text begin (2) the opioid is prescribed concurrently with a prescription for benzodiazepine; or
new text end

new text begin (3) the patient presents with an increased risk of overdose, including a known history
of overdose, a known history of substance use disorder, or is at risk of returning to a high
dose of opioid medication to which the patient is no longer tolerant.
new text end

new text begin (b) If a patient receives a prescription for naloxone hydrochloride or another drug
approved by the United States Food and Drug Administration for the complete or partial
reversal of opioid depression under paragraph (a), the prescriber must provide to the patient,
or to one or more persons designated by the patient, or the patient's parent or guardian if
the patient is a minor, education that is consistent with the existing standard of care and
with guidelines issued by the United States Food and Drug Administration and the Centers
for Disease Control and Prevention on overdose prevention and the use of naloxone
hydrochloride or another drug approved by the United States Food and Drug Administration
for the complete or partial reversal of opioid depression.
new text end

new text begin (c) A prescriber who does not comply with the requirements of this section may be
subject to administrative sanctions from the health-related licensing board that regulates
the prescriber.
new text end

new text begin (d) This section does not create a private right of action against a prescriber and does
not limit a prescriber's liability for the negligent failure to diagnose or treat a patient.
new text end

new text begin (e) This section does not apply to a patient receiving hospice or other end-of-life care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end