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Minnesota Legislature

Office of the Revisor of Statutes

SF 2647

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

A bill for an act
relating to health; prohibiting a pharmacist from refusing to dispense a
prescription drug or device except under certain circumstances;proposing coding
for new law in Minnesota Statutes, chapter 151.

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

Section 1.

new text begin [151.415] PROHIBITION AGAINST REFUSING TO DISPENSE A
LEGEND DRUG OR DEVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin No pharmacist licensed under this chapter shall refuse
to dispense a legend drug or device pursuant to a valid prescription or order except under
one of the following circumstances:
new text end

new text begin (1) based on the pharmacist's professional training and judgment, the pharmacist
determines that according to standard pharmacy practice, dispensing the drug or device
pursuant to the prescription or order would cause a medical problem to the patient
for whom the prescription or order was prescribed due to therapeutic duplications,
drug-disease contraindications, drug interactions, including serious interactions with
other prescription and over-the-counter medications, incorrect dosage or duration of drug
treatment, drug allergy interactions, or drug abuse or misuse;
new text end

new text begin (2) the legend drug or device is not in stock, in which case, the pharmacist must
offer the patient the following options and perform the option that is chosen by the patient
without delay:
new text end

new text begin (i) the pharmacist will obtain the drug or device under the pharmacy's standard
procedures for expedited ordering of any drug or device not in stock;
new text end

new text begin (ii) the pharmacist will locate a pharmacy or other health care facility of the patient's
choice that has the drug or device in stock and transfer the prescription under its standard
procedures for transferring prescriptions for drugs or devices; or
new text end

new text begin (iii) the unfilled prescription will be returned to the patient and the pharmacist will
refer the patient to the nearest pharmacy or other health care facility that has the drug or
device in stock; or
new text end

new text begin (3) the pharmacist refuses to dispense a drug or device on ethical, moral, or religious
grounds but only if reasonable accommodation of the pharmacist's refusal to dispense
can be made without causing undue hardship to the patient or employer. A pharmacy
shall require employees and prospective employees to notify the pharmacy in writing of
the categories or types of prescriptions that the pharmacist refuses to fill due to one of
these reasons. In determining whether reasonable accommodation can be made without
imposing an undue hardship on the patient or the employer, the following factors shall
be considered:
new text end

new text begin (i) whether the proposed accommodation would delay the filling of the prescription
such that the pharmacy is not able to fill the prescription in the equivalent time period as
the pharmacy would fill other prescriptions of in-stock drugs or devices;
new text end

new text begin (ii) the pharmacy's ability to fill the patient's prescription in store;
new text end

new text begin (iii) the pharmacy's financial costs in implementing the accommodation; and
new text end

new text begin (iv) the negative impact on the pharmacy's reputation or good will in the community
due to failure to provide timely prescription services.
new text end

new text begin Subd. 2. new text end

new text begin Payment limitation. new text end

new text begin This section imposes no duty on a pharmacist
to dispense a legend drug or device without payment for the drug or device, including
payment by the patient or through a third-party payer accepted by the pharmacy or
payment of any required co-payment owed by the patient.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin Any pharmacist who violates this section shall be subject to
disciplinary action by the Board of Pharmacy according to this chapter.
new text end