Minnesota Legislature
SF 753
as introduced - 90th Legislature (2017 - 2018) Posted on 02/10/2017 09:03am
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 2016, 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 2016, 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 prescribing or dispensing
any controlled substance to a patient, or renewing any controlled substance prescription, a
prescriber or dispenser registered under subdivision 6, paragraph (c), shall review the patient's
controlled substance prescription history in the prescription monitoring program. The
prescriber or dispenser shall document the review, and any pertinent information obtained
from the review, in the patient's record within 24 hours of the review. The duty to review
the prescription monitoring program shall not apply:
new text end
new text begin
(1) when prescribing or dispensing to patients who are experiencing pain caused by a
malignant condition or receiving hospice care;
new text end
new text begin
(2) during an emergency or in an ambulance;
new text end
new text begin
(3) when administering in a hospital or long-term care facility if, within 12 hours of
admission, the prescriber or dispenser reviews the patient's controlled substance prescription
record and a record of the review and any pertinent information is in the patient's records
during the patient's stay in the facility; or
new text end
new text begin
(4) when the prescription monitoring program cannot be accessed due to a technological
or electrical failure, in which case the prescriber or dispenser shall document in the patient's
record the reason the review was not completed.
new text end
Sec. 2.
Minnesota Statutes 2016, 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 begin Nothing in this section shall require a pharmacist, prescriber, or other dispenser to
obtain information about a patient from the program, and thedeleted text end new 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 2016, 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 152.126deleted 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.