SF 750

as introduced - 90th Legislature (2017 - 2018) Posted on 02/10/2017 09:02am

A bill for an act
relating to health; requiring compliance with naloxone standing orders; amending
Minnesota Statutes 2016, sections 151.34; 604A.04, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 151.34, is amended to read:

151.34 PROHIBITED ACTS.

It shall be unlawful to:

(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated or
misbranded;

(2) adulterate or misbrand any drug;

(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
proffer delivery thereof for pay or otherwise;

(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to permit
access to or copying of any record as authorized by this chapter;

(5) remove or dispose of a detained or embargoed article in violation of this chapter;

(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
of, or to do any other act with respect to a drug, if such act is done while such drug is held
for sale and results in such drug being adulterated or misbranded;

(7) use for a person's own advantage or to reveal other than to the board or its authorized
representative or to the courts when required in any judicial proceeding under this chapter
any information acquired under authority of this chapter concerning any method or process
that is a trade secret and entitled to protection;

(8) use on the labeling of any drug any representation or suggestion that an application
with respect to such drug is effective under the federal act or that such drug complies with
such provisions;

(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
by applicable law to administer such drug who makes written request for information as to
such drug, true and correct copies of all printed matter that is required to be included in any
package in which that drug is distributed or sold, or such other printed matter as is approved
under the federal act. Nothing in this paragraph shall be construed to exempt any person
from any labeling requirement imposed by or under provisions of this chapter;

(10) conduct a pharmacy without a pharmacist in charge;

(11) dispense a legend drug without first obtaining a valid prescription for that drug;

(12) conduct a pharmacy without proper registration with the board;

(13) practice pharmacy without being licensed to do so by the board;

(14) sell at retail federally restricted medical gases without proper registration with the
board except as provided in this chapter; deleted text begin or
deleted text end

(15) sell any compound, substance, or derivative that is not approved for human
consumption by the United States Food and Drug Administration or specifically permitted
for human consumption under Minnesota law, and, when introduced into the body, induces
an effect similar to that of a Schedule I or Schedule II controlled substance listed in section
152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless
of whether the substance is marketed for the purpose of human consumption deleted text begin . deleted text end new text begin ; or
new text end

new text begin (16) refuse to dispense an opioid antagonist, as defined in section 604A.04, when a
standing order or other prescribing protocol is in place, the prescribing criteria are satisfied,
and the dispenser has naloxone in stock.
new text end

Sec. 2.

Minnesota Statutes 2016, section 604A.04, subdivision 3, is amended to read:

Subd. 3.

Health care professionals; release from liability.

A licensed health care
professional who is permitted by law to prescribe new text begin or dispense new text end an opiate antagonist, if acting
in good faith, may directly or by standing order prescribe, dispense, distribute, or administer
an opiate antagonist to a person without being subject to civil liability or criminal prosecution
for the act. This immunity applies even when the opiate antagonist is eventually administered
in either or both of the following instances: (1) by someone other than the person to whom
it is prescribed; or (2) to someone other than the person to whom it is prescribed.