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Minnesota Legislature

Office of the Revisor of Statutes

SF 1943

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 08:51am

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

Current Version - as introduced

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A bill for an act
relating to veterinary medicine; establishing a veterinary prescription monitoring
program; prohibiting veterinary prescriptions for controlled substances in certain
circumstances; requiring registration and data submission; providing liability
immunity; appropriating money; amending Minnesota Statutes 2018, sections
156.16, by adding subdivisions; 156.18, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 156.

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

Section 1.

Minnesota Statutes 2018, section 156.16, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Approved microchip. new text end

new text begin "Approved microchip" means an implantable microchip
approved by the board and capable of storing a scannable and unique animal identification
number.
new text end

Sec. 2.

Minnesota Statutes 2018, section 156.16, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Controlled substances. new text end

new text begin "Controlled substances" has the meaning given in
section 152.126, subdivision 1.
new text end

Sec. 3.

Minnesota Statutes 2018, section 156.16, is amended by adding a subdivision to
read:


new text begin Subd. 10a. new text end

new text begin Reportable prescription. new text end

new text begin "Reportable prescription" means a prescription
or other veterinary authorization for a controlled substance issued by a veterinarian that,
when used as directed by the veterinarian, is intended to be taken for more than seven days.
new text end

Sec. 4.

Minnesota Statutes 2018, section 156.18, subdivision 1, is amended to read:


Subdivision 1.

Prescription.

(a) A person may not dispense a veterinary prescription
drug to a client without a prescription or other veterinary authorization. A person may not
make extra-label use of an animal or human drug for an animal without a prescription from
a veterinarian. A veterinarian or the veterinarian's authorized employee may dispense
veterinary prescription drugs, human drugs for extra-label use, or an over-the-counter drug
for extra-label use by a client without a separate written prescription, providing there is
documentation of the prescription in the medical record deleted text beginand there isdeleted text endnew text begin,new text end an existing
veterinarian-client-patient relationshipnew text begin, and full compliance with the reporting requirements
in section 156.185
new text end. The prescribing veterinarian must monitor the use of veterinary
prescription drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label
use by a client.

(b) A veterinarian may dispense prescription veterinary drugs and prescribe and dispense
extra-label use drugs to a client without personally examining the animal if a bona fide
veterinarian-client-patient relationship exists and in the judgment of the veterinarian the
client has sufficient knowledge to use the drugs properly.

(c) A veterinarian may issue a prescription or other veterinary authorization by oral or
written communication to the dispenser, or by computer connection. If the communication
is oral, the veterinarian must enter it into the patient's record. The dispenser must record the
veterinarian's prescription or other veterinary authorization within 72 hours.

(d) A prescription or other veterinary authorization must include:

(1) the name, address, and, if written, the signature of the prescriber;

(2) the name and address of the client;

(3) identification of the species for which the drug is prescribed or ordered;

(4) the name, strength, and quantity of the drug;

(5) the date of issue;

(6) directions for use;

(7) withdrawal time;

(8) expiration date of prescription; and

(9) number of authorized refills.

(e) A veterinarian may, in the course of professional practice and an existing
veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
by the United States Food and Drug Administration and other legally obtained ingredients
with appropriate vehicles.

(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
prescription drugs to a person on the basis of a prescription issued by a licensed veterinarian.
The provisions of paragraphs (c) and (d) new text beginand the reporting requirements in section 156.185
new text end apply.

(g) This section does not limit the authority of the Minnesota Racing Commission to
regulate veterinarians providing services at a licensed racetrack.

new text begin (h) A veterinarian must not issue a controlled substance prescription or other veterinary
authorization or dispense a controlled substance to a client for more than seven days if the
patient does not possess an implanted, approved microchip containing the unique
identification number assigned to the patient. The board must maintain a list of approved
microchip models and must post the list on the board's website.
new text end

Sec. 5.

new text begin [156.185] CONTROLLED SUBSTANCE PRESCRIPTION MONITORING.
new text end

new text begin Subdivision 1. new text end

new text begin Treatment of pain. new text end

new text begin This section is not intended to limit or interfere with
a veterinarian's legitimate prescribing of controlled substances to address patient pain and
other medical conditions.
new text end

new text begin Subd. 2. new text end

new text begin Electronic reporting system. new text end

new text begin (a) The board must establish by January 1, 2020,
an electronic system for reporting the information required under subdivision 3.
new text end

new text begin (b) The board may contract with a vendor for the purpose of obtaining technical assistance
in the design, implementation, operation, and maintenance of the electronic reporting system
or database.
new text end

new text begin Subd. 3. new text end

new text begin Reporting requirements; notice. new text end

new text begin (a) Beginning July 1, 2021, the prescribing
veterinarian must submit the following information to the database within 72 hours of
prescribing each reportable prescription:
new text end

new text begin (1) the information required under section 156.18, subdivision 1, paragraph (d), clauses
(4), (5), (6), and (9); and
new text end

new text begin (2) the unique identification number of the patient.
new text end

new text begin (b) The prescribing veterinarian must submit the required information by a procedure
and in a format established by the board.
new text end

new text begin (c) A prescribing veterinarian is not required to submit information to the database for
controlled substances administered to a patient under direct veterinary care.
new text end

new text begin (d) A prescribing veterinarian must provide to the client a conspicuous notice of the
reporting requirements of this section and notice that the information may be used to deter
the use of animals to obtain controlled substances for human use.
new text end

new text begin Subd. 4. new text end

new text begin Database; use of data by board. new text end

new text begin (a) The board must develop and maintain a
database of the data reported under subdivision 3. The board must maintain data that could
identify an individual veterinarian in encrypted form. Except as otherwise allowed under
subdivision 5, the database may be used by permissible users identified under subdivision
5 for the identification of patients receiving prescriptions for controlled substances from
veterinarians.
new text end

new text begin (b) No permissible user identified under subdivision 5 may access the database for the
sole purpose of identifying veterinarians who exhibit unusual or excessive controlled
substances prescribing patterns without a valid search warrant or court order.
new text end

new text begin (c) No personnel of a state or federal occupational licensing board or agency may access
the database for the sole purpose of obtaining information to be used to initiate a disciplinary
action against a veterinarian.
new text end

new text begin Subd. 5. new text end

new text begin Access to reporting system data. new text end

new text begin (a) Except as indicated in this subdivision
and notwithstanding section 156.082, the data submitted to the database under subdivision
3 are private data on individuals or nonpublic data as defined in section 13.02, and are only
accessible to permissible users as identified in this subdivision.
new text end

new text begin (b) Except as specified in subdivision 4, the following persons must be considered
permissible users and may access the data submitted under subdivision 3 in the same or
similar manner, and for the same or similar purposes, as those persons who are authorized
to access similar private data on individuals or nonpublic data under federal and state law:
new text end

new text begin (1) a veterinarian or an agent or employee of the veterinarian to whom the veterinarian
has delegated the task of accessing the data, to the extent the information relates specifically
to a current patient;
new text end

new text begin (2) personnel or designees of the board assigned to conduct a bona fide investigation of
a complaint received by that board alleging that a specific veterinarian is impaired by use
of a drug for which data is collected under subdivision 3;
new text end

new text begin (3) personnel of the board engaged in the collection, review, and analysis of controlled
substance prescription information as part of the assigned duties and responsibilities under
this section;
new text end

new text begin (4) authorized personnel of a vendor under contract with the state of Minnesota who are
engaged in the design, implementation, operation, and maintenance of the monitoring
program as part of the assigned duties and responsibilities of their employment, provided
that access to data is limited to the minimum amount necessary to carry out such duties and
responsibilities; and
new text end

new text begin (5) federal, state, and local law enforcement authorities acting pursuant to a valid search
warrant.
new text end

new text begin (c) Section 13.05, subdivision 6, applies to any contract the board enters into pursuant
to subdivision 2. A vendor must not use data collected under this section for any purpose
not specified in this section.
new text end

new text begin (d) The board may participate in an interstate prescription monitoring program data
exchange system provided that permissible users in other states have access to the data only
as allowed under this section and that section 13.05, subdivision 6, applies to any contract
or memorandum of understanding that the board enters into under this paragraph.
new text end

new text begin Subd. 6. new text end

new text begin Disciplinary action. new text end

new text begin (a) A prescribing veterinarian who knowingly fails to
submit data to the database as required under this section is subject to disciplinary action
by the board.
new text end

new text begin (b) A veterinarian authorized to access the data who knowingly discloses the data in
violation of state or federal laws relating to the privacy of patient data is subject to
disciplinary action by the board and appropriate civil penalties.
new text end

new text begin Subd. 7. new text end

new text begin Registration required. new text end

new text begin By March 1, 2021, every veterinarian who prescribes
controlled substances must register and maintain a program user account with the database.
Data submitted by a veterinarian or their delegate during the registration application process,
other than name, license number, and license type, are classified as private pursuant to
section 13.02, subdivision 12.
new text end

new text begin Subd. 8. new text end

new text begin Immunity from liability; no requirement to obtain information. new text end

new text begin (a) A
prescribing veterinarian making a report to the database 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 veterinarian did or did
not seek, obtain, or use information from the program.
new text end

new text begin (b) Nothing in this section requires a veterinarian to obtain information about a patient
from the program and the veterinarian, 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.
new text end

new text begin Subd. 9. new text end

new text begin Nonstate funding; appropriation. new text end

new text begin The board may seek grants and private
funds from nonprofit charitable foundations, the federal government, and other sources to
fund the enhancement and ongoing operation of the monitoring program established under
this section. Any such funds received must be deposited in a dedicated account in the special
revenue fund and are appropriated to the board for this purpose. The board must not expend
funds to enhance the program in a way that conflicts with this section without seeking
approval from the legislature.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective August 1, 2019, and apply to controlled substances prescribed
by veterinarians on or after July 1, 2021.
new text end