SF 1479

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to health; making technical changes to electronic prescription drug
program; enrolling licensed pharmacies or pharmacists as providers in the
pediatric vaccine administration program; amending Minnesota Statutes 2008,
section 62J.497, subdivisions 1, 2; proposing coding for new law in Minnesota
Statutes, chapter 145.

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

Section 1.

Minnesota Statutes 2008, section 62J.497, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given.

new text begin (a) "Backward compatible" means that the newer version of a data transmission
standard would retain, at a minimum, the full functionality of the versions previously
adopted, and would permit the successful completion of the applicable transactions with
entities that continue to use the older versions.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end "Dispense" or "dispensing" has the meaning given in section 151.01,
subdivision 30. Dispensing does not include the direct administering of a controlled
substance to a patient by a licensed health care professional.

deleted text begin (b) deleted text end new text begin (c) new text end "Dispenser" means a person authorized by law to dispense a controlled
substance, pursuant to a valid prescription.

deleted text begin (c) deleted text end new text begin (d) new text end "Electronic media" has the meaning given under Code of Federal Regulations,
title 45, part 160.103.

deleted text begin (d) deleted text end new text begin (e) new text end "E-prescribing" means the transmission using electronic media of prescription
or prescription-related information between a prescriber, dispenser, pharmacy benefit
manager, or group purchaser, either directly or through an intermediary, including
an e-prescribing network. E-prescribing includes, but is not limited to, two-way
transmissions between the point of care and the dispenser.

deleted text begin (e) deleted text end new text begin (f) new text end "Electronic prescription drug program" means a program that provides for
e-prescribing.

deleted text begin (f) deleted text end new text begin (g) new text end "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

deleted text begin (g) deleted text end new text begin (h) new text end "HL7 messages" means a standard approved by the standards development
organization known as Health Level Seven.

deleted text begin (h) deleted text end new text begin (i) new text end "National Provider Identifier" or "NPI" means the identifier described under
Code of Federal Regulations, title 45, part 162.406.

deleted text begin (i) deleted text end new text begin (j) new text end "NCPDP" means the National Council for Prescription Drug Programs, Inc.

deleted text begin (j) deleted text end new text begin (k) new text end "NCPDP Formulary and Benefits Standard" means the National Council for
Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide,
Version 1, Release 0, October 2005.

deleted text begin (k) deleted text end new text begin (l) new text end "NCPDP SCRIPT Standard" means the National Council for Prescription
Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide
Version 8, Release 1 (Version 8.1), October 2005 new text begin , or the most recent standard adopted by
the Centers for Medicare and Medicaid Services (CMS) for e-prescribing under Medicare
Part D as required by section 1860D-4(e)(4)(D) of the Social Security Act. The standards
shall be implemented in accordance with the CMS schedule for compliance. Subsequently
released versions of the NCPDP SCRIPT Standard may be used, provided that the new
version of the standard is backward compatible to the current version adopted by CMS new text end .

deleted text begin (l) deleted text end new text begin (m) new text end "Pharmacy" has the meaning given in section 151.01, subdivision 2.

deleted text begin (m) deleted text end new text begin (n) new text end "Prescriber" means a licensed health care deleted text begin professional who is authorized to
prescribe a controlled substance under section 152.12, subdivision 1 deleted text end new text begin practitioner, other
than a veterinarian, as defined in section 151.01, subdivision 23 new text end .

deleted text begin (n) deleted text end new text begin (o) new text end "Prescription-related information" means information regarding eligibility for
drug benefits, medication history, or related health or drug information.

deleted text begin (o) deleted text end new text begin (p) new text end "Provider" or "health care provider" has the meaning given in section 62J.03,
subdivision 8.

Sec. 2.

Minnesota Statutes 2008, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011,
all providers, group purchasers, prescribers, and dispensers must establish deleted text begin and deleted text end new text begin , new text end maintain new text begin ,
and use new text end an electronic prescription drug program deleted text begin that complies deleted text end new text begin . This program must comply new text end
with the applicable standards in this section for transmitting, directly or through an
intermediary, prescriptions and prescription-related information using electronic media.

(b) deleted text begin Nothing in this section requires providers, group purchasers, prescribers, or
dispensers to conduct the transactions described in this section. deleted text end If transactions described in
this section are conducted, they must be done electronically using the standards described
in this section. Nothing in this section requires providers, group purchasers, prescribers,
or dispensers to electronically conduct transactions that are expressly prohibited by other
sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7
messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
information internally when the sender and the recipient are part of the same legal entity. If
an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
or other applicable standards required by this section. Any pharmacy within an entity
must be able to receive electronic prescription transmittals from outside the entity using
the deleted text begin adopted deleted text end NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may require the
use of a HIPAA transaction standard within an organization.

deleted text begin (d) Entities transmitting prescriptions or prescription-related information where the
prescriber is required by law to issue a prescription for a patient to a nonprescribing
provider that in turn forwards the prescription to a dispenser are exempt from the
requirement to use the NCPDP SCRIPT Standard when transmitting prescriptions or
prescription-related information.
deleted text end

Sec. 3.

new text begin [145.58] MINNESOTA VACCINES FOR CHILDREN PROGRAM.
new text end

new text begin The commissioner of health shall enroll a licensed pharmacy or pharmacist as a
program-registered provider in the pediatric vaccine administration program established
under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993, Public
Law 103-66, based on the program's infrastructure capacity to enroll additional pharmacy
providers in the program.
new text end