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Minnesota Legislature

Office of the Revisor of Statutes

SF 3242

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 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9

A bill for an act
relating to health; prohibiting a pharmacist from refusing to dispense legend
drugs; providing disciplinary action; 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 [151.155] PROHIBITION AGAINST REFUSAL TO DISPENSE
LEGEND DRUGS.
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 pursuant to a valid prescription for any reason other than the
exceptions described in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin A pharmacist may refuse to fill a valid prescription only if:
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
according to the prescription or order would cause a medical problem to the patient for
whom the prescription or order was prescribed due to: (i) therapeutic duplications; (ii)
drug-disease contraindications; (iii) drug interactions, including serious interactions with
other prescription and over-the-counter medications; (iv) incorrect dosage or duration of
drug treatment; (v) drug allergy interactions; or (vi) drug abuse or misuse; or
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.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin Any licensed pharmacist who refuses to fill or dispense any
prescription or medication in violation of this section shall be subject to disciplinary
action by the Board of Pharmacy.
new text end