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Minnesota Legislature

Office of the Revisor of Statutes

SF 858

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 01:43pm

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; requiring certain uses of the Minnesota prescription monitoring
program; amending Minnesota Statutes 2018, sections 152.126, subdivision 9, by
adding a subdivision; 256B.0638, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 152.126, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Use of prescription monitoring program. new text end

new text begin Before initially prescribing or
dispensing an opioid to a patient, a prescriber or dispenser must query the prescription
electronic reporting system in order to review any controlled substance prescription data
reported to the system about that patient. The prescriber or dispenser must also perform
periodic queries of the system if treatment with opioids continues for more than 30 days.
A query must be done the first time that an opioid is prescribed or dispensed after the end
of the initial 30-day period, and at least every 90 days thereafter. The initial and subsequent
queries need not be performed if:
new text end

new text begin (1) the drug is prescribed and dispensed to a hospice patient or to any other patient who
has been diagnosed as terminally ill;
new text end

new text begin (2) the drug is prescribed and dispensed for the treatment of cancer;
new text end

new text begin (3) the drug is prescribed and dispensed for administration to a patient who has been
admitted to a hospital, provided that, within 12 hours of admission, the prescriber or dispenser
queries the system and reviews any controlled substance prescription data reported to the
system about that patient and a record of the review and any pertinent information is placed
in the patient's medical records so that it can be accessed during the patient's stay in the
facility;
new text end

new text begin (4) the drug is prescribed and dispensed to treat acute pain resulting from a surgical or
other invasive procedure or a delivery, provided that if use of the drug for such purpose
continues for more than 30 days beyond the date of the procedure or delivery, the periodic
queries of the system required in this subdivision shall be performed;
new text end

new text begin (5) the drug is administered during an emergency or within an ambulance; or
new text end

new text begin (6) the prescription electronic reporting system cannot be accessed due to a technological
issue or power failure, in which case the prescriber or dispenser must document in the
patient's record the reason the system could not be accessed.
new text end

Sec. 2.

Minnesota Statutes 2018, section 152.126, subdivision 9, is amended to read:


Subd. 9.

Immunity from liabilitydeleted text begin; no requirement to obtain informationdeleted text end.

(a) A
pharmacist, prescriber, or other dispenser making a report to the program in good faith under
this section is immune from any civil, criminal, or administrative liability, which might
otherwise be incurred or imposed as a result of the report, or on the basis that the pharmacist
or prescriber did or did not seek or obtain or use information from the program.

(b) deleted text beginNothing in this section shall require a pharmacist, prescriber, or other dispenser to
obtain information about a patient from the program, and the
deleted text endnew text begin Anew text end pharmacist, prescriber, or
other dispenser, if acting in good faith, is immune from any civil, criminal, or administrative
liability that might otherwise be incurred or imposed for requesting, receiving, or using
information from the program.

Sec. 3.

Minnesota Statutes 2018, section 256B.0638, subdivision 5, is amended to read:


Subd. 5.

Program implementation.

(a) The commissioner shall implement the programs
within the Minnesota health care program to improve the health of and quality of care
provided to Minnesota health care program enrollees. The commissioner shall annually
collect and report to opioid prescribers data showing the sentinel measures of their opioid
prescribing patterns compared to their anonymized peers.

(b) The commissioner shall notify an opioid prescriber and all provider groups with
which the opioid prescriber is employed or affiliated when the opioid prescriber's prescribing
pattern exceeds the opioid quality improvement standard thresholds. An opioid prescriber
and any provider group that receives a notice under this paragraph shall submit to the
commissioner a quality improvement plan for review and approval by the commissioner
with the goal of bringing the opioid prescriber's prescribing practices into alignment with
community standards. A quality improvement plan must include:

(1) components of the program described in subdivision 4, paragraph (a);

(2) internal practice-based measures to review the prescribing practice of the opioid
prescriber and, where appropriate, any other opioid prescribers employed by or affiliated
with any of the provider groups with which the opioid prescriber is employed or affiliated;
and

(3) appropriate use of the prescription monitoring program under section 152.126.

(c) If, after a year from the commissioner's notice under paragraph (b), the opioid
prescriber's prescribing practices do not improve so that they are consistent with community
standards, the commissioner shall take one or more of the following steps:

(1) monitor prescribing practices more frequently than annually;

(2) monitor more aspects of the opioid prescriber's prescribing practices than the sentinel
measures; or

(3) require the opioid prescriber to participate in additional quality improvement effortsdeleted text begin,
including but not limited to mandatory use of the prescription monitoring program established
under section 152.126
deleted text end.

(d) The commissioner shall terminate from Minnesota health care programs all opioid
prescribers and provider groups whose prescribing practices fall within the applicable opioid
disenrollment standards.