SF 1709

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to public safety; establishing the statewide Minnesota prescription
program; requiring use of tamper-resistant prescription drug forms; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 151.

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

Section 1.

new text begin [151.60] MINNESOTA PRESCRIPTION PROGRAM; CITATION.
new text end

new text begin Sections 151.60 to 151.63 may be cited as the "Minnesota Prescription Program to
Prevent Fraud and Abuse Act of 2009."
new text end

Sec. 2.

new text begin [151.61] SCOPE; PRACTICE.
new text end

new text begin (a) Sections 151.60 to 151.63 apply to all licensed or registered practitioners with
prescribing authority. A pharmacist may not dispense a written prescription that is issued
by a Minnesota practitioner if the prescription is not written on the official tamper-resistant
prescription drug form required under section 151.63.
new text end

new text begin (b) Sections 151.60 to 151.63 shall not apply to prescriptions generated within a
licensed medical facility that results in the internal dispensing of prescription drugs to a
patient receiving treatment in that facility when the patient is never in possession of the
prescription. Nothing in sections 151.60 to 151.63 shall be construed to impact regulations
regarding oral, electronic, or out-of-state prescribing practices.
new text end

Sec. 3.

new text begin [151.62] BOARD DUTIES; PROGRAM OBJECTIVES.
new text end

new text begin The Board of Pharmacy shall establish the statewide Minnesota prescription
program to meet the following objectives:
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new text begin (1) eliminate prescription drug fraud;
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new text begin (2) discourage the practice of doctor shopping;
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new text begin (3) reduce health care costs by eliminating fraud and abuse;
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new text begin (4) decrease emergency room visits due to nonmedical use of prescription drugs;
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new text begin (5) decrease deaths due to drug overdose;
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new text begin (6) decrease the demand on scarce medical resources;
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new text begin (7) enhance public safety by decreasing crimes associated with prescription drug
fraud; and
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new text begin (8) prevent gateway to more dangerous drugs.
new text end

Sec. 4.

new text begin [151.63] OFFICIAL TAMPER-RESISTANT PRESCRIPTION DRUG
FORM.
new text end

new text begin (a) The Board of Pharmacy shall issue an official tamper-resistant prescription
drug form that:
new text end

new text begin (1) prevents counterfeit forms;
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new text begin (2) prevents the erasure or modification of written instructions;
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new text begin (3) supports the capability of automated validation through a pharmacy claims
processing system;
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new text begin (4) complies with all federal requirements for tamper-resistant prescription forms;
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new text begin (5) prevents photocopy fraud by incorporating photocopy void pantograph
technology on the front of the prescription form and a thermochromatic mark on the
front and back of the prescription form; and
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new text begin (6) has a counterfeit protection bar code with human readable representation of
the data in the bar code.
new text end

new text begin (b) The official tamper-resistant prescription drug form must be provided to licensed
or registered practitioners and facilities without charge. The forms may only be used by
the person to whom they are issued and are not transferable. Practitioners and facilities
shall immediately notify the board on forms supplied by the board of the loss, destruction,
theft, or unauthorized use of any official state prescription forms issued to them as well
as the failure to receive official state prescription forms within a reasonable time after
ordering them from the board. Upon receipt of notification, the board shall take the
necessary action to prevent the use of lost or stolen prescription forms. The board shall
notify the attorney general if appropriate for ongoing investigation.
new text end

Sec. 5. new text begin GRANT FOR IMPLEMENTING THE MINNESOTA PRESCRIPTION
PROGRAM.
new text end

new text begin Of the money available to Minnesota from the American Recovery and Reinvestment
Act of 2009, Public Law 111-5, and allocated to the Department of Health or the
Department of Human Services for grants for health care needs, $....... is appropriated
to the Board of Pharmacy to be disbursed as a grant to the Board of Pharmacy for the
purpose of implementing the Minnesota prescription program.
new text end