Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 314-S.F.No. 1378 
           An act relating to animals; regulating use of certain 
          prescription veterinary drugs; changing certain 
          procedures for licensing veterinarians; establishing 
          an animal population control study commission; 
          amending Minnesota Statutes 1988, sections 151.19, 
          subdivision 3; 151.34; and 156.02, 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 1988, section 151.19, 
subdivision 3, is amended to read: 
    Subd. 3.  [SALE OF OTHER DRUGS AND DEVICES FEDERALLY 
RESTRICTED MEDICAL GASES.] The board shall require and provide 
for the annual registration of every person or establishment not 
licensed as a pharmacy or a practitioner engaged in the retail 
sale or distribution of federally restricted medical gases or of 
veterinary drugs or devices.  Upon the payment of a fee to be 
set by the board, the board shall issue a registration 
certificate in such form as it may prescribe to those persons or 
places that may be qualified to sell or distribute these items 
federally restricted medical gases.  The certificate shall be 
displayed in a conspicuous place in the business for which it is 
issued and expire on the date set by the board.  It is unlawful 
for a person to sell or distribute these items federally 
restricted medical gases unless a certificate has been issued to 
that person by the board. 
     Sec. 2.  Minnesota Statutes 1988, 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 which 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 which 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; or 
    (13) sell at retail federally restricted medical 
devices, or medical gases, or veterinary drugs or devices 
without proper registration with the board except as provided in 
this chapter. 
    Sec. 3.  Minnesota Statutes 1988, section 156.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE APPLICATION.] Application for a 
license to practice veterinary medicine in this state shall be 
made in writing to the board of veterinary medicine upon a form 
furnished by the board, accompanied by satisfactory evidence 
that the applicant is at least 18 years of age, is of good moral 
character, and has one of the following: 
    (1) a diploma conferring the degree of doctor of veterinary 
medicine, or an equivalent degree, from an accredited or 
approved college of veterinary medicine; 
    (2) an ECFVG certificate; or 
    (3) a certificate from the dean of an accredited or 
approved college of veterinary medicine stating that the 
applicant is a student in good standing expecting to be 
graduated at the completion of the next current academic term 
year of the college in which the applicant is enrolled. 
The application shall contain the information and material 
required by subdivision 2 and any other information that the 
board may, in its sound judgment, require.  The application 
shall be filed with the secretary of the board at least 30 45 
days before the date of the examination.  If the board deems it 
advisable, it may require that such application be verified by 
the oath of the applicant. 
    Sec. 4.  [156.16] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 4 to 8. 
    Subd. 2.  [CLIENT.] "Client" means the owner or caretaker 
of an animal who arranges for the animal's veterinary care. 
    Subd. 3.  [DISPENSING.] "Dispensing" means distribution of 
veterinary prescription drugs or over-the-counter drugs for 
extra-label use by a person registered by the board of pharmacy 
to dispense or a person licensed by the board of veterinary 
medicine. 
    Subd. 4.  [EXTRA-LABEL USE.] "Extra-label use" means the 
actual or intended use of a human or veterinary drug in an 
animal in a manner that is not in accordance with the drug's 
labeling. 
    Subd. 5.  [FOOD-PRODUCING ANIMALS.] "Food-producing animals"
means livestock or poultry raised commercially for human 
consumption. 
    Subd. 6.  [OVER-THE-COUNTER DRUG.] "Over-the-counter drug" 
means a veterinary drug labeled "for veterinary use only" or 
"for animal use only" that does not require a prescription or is 
not required to have the restrictive legend:  "Caution:  federal 
law restricts this drug to use by or on the order of a licensed 
veterinarian." 
    Subd. 7.  [PATIENT.] "Patient" means an animal for which a 
veterinary prescription drug is used or intended to be used. 
    Subd. 8.  [PERSON.] "Person" means an individual, or a 
firm, partnership, company, corporation, trustee, association, 
agency, or other public or private entity. 
    Subd. 9.  [PHARMACIST.] "Pharmacist" means an individual 
with a valid Minnesota license to practice pharmacy. 
    Subd. 10.  [PRESCRIPTION.] "Prescription" means an order 
from a veterinarian to a pharmacist or another veterinarian 
authorizing the dispensing of a veterinary prescription drug to 
a client for use on or in a patient. 
    Subd. 11.  [VETERINARIAN.] "Veterinarian" means an 
individual with a valid Minnesota license to practice veterinary 
medicine. 
    Subd. 12.  [VETERINARIAN-CLIENT-PATIENT RELATIONSHIP.] 
"Veterinarian-client-patient relationship" means a relationship 
in which the conditions in paragraphs (a) to (d) have been met. 
     (a) The veterinarian has assumed the responsibility for 
making medical judgments regarding the health of the animal and 
the need for medical treatment, and the client has agreed to 
follow the instructions of the veterinarian. 
     (b) The veterinarian has sufficient knowledge of the animal 
to initiate at least a general, preliminary, or tentative 
diagnosis of the medical condition of the animal.  The 
veterinarian must be acquainted with the keeping and care of the 
animal by virtue of an examination of the animal or medically 
appropriate and timely visits to the premises where the animal 
is kept. 
    (c) The veterinarian is available for consultation in case 
of adverse reactions or failure of the regimen of therapy. 
     (d) The veterinarian maintains records documenting patient 
visits, diagnosis, treatments, and drugs prescribed, dispensed, 
or administered, and other relevant information. 
    Subd. 13.  [VETERINARY DRUG.] "Veterinary drug" means: 
    (1) a drug for animal use recognized in the official United 
States Pharmacopoeia or National Formulary of the United States; 
    (2) a drug intended for use in the diagnosis, cure, 
mitigation, treatment, or prevention of disease in animals; 
    (3) a drug, other than feed, medicated feed, or a growth 
promoting implant intended to affect the structure or function 
of the body of an animal; or 
    (4) a drug intended for use as a component of a drug in 
clause (1), (2), or (3). 
    Subd. 14.  [VETERINARY PRESCRIPTION DRUG.] "Veterinary 
prescription drug" means: 
    (1) a drug that is not safe for animal use except under the 
supervision of a veterinarian, and that is required by federal 
law to bear the following statement:  "Caution:  federal law 
restricts this drug to use by or on the order of a licensed 
veterinarian"; 
    (2) a drug that is required by state law to be dispensed 
only on order or prescription of a licensed veterinarian; and 
    (3) the extra-label use of an over-the-counter drug. 
    Sec. 5.  [156.17] [POSSESSION PROHIBITED.] 
    A person may not possess a veterinary prescription drug 
unless the person is a licensed veterinarian or pharmacist, a 
client holding a veterinary prescription drug by or on the order 
of a veterinarian, a manufacturer or wholesaler of veterinary 
drugs, an animal health researcher, or a person performing 
official state or federal regulatory duties. 
    Sec. 6.  [156.18] [VETERINARY PRESCRIPTION DRUGS.] 
    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 a veterinary drug without a 
prescription from a veterinarian.  A veterinarian or the 
veterinarian's authorized agent may dispense a veterinary 
prescription drug to a client or oversee the extra-label use of 
a veterinary drug directly by a client without a separate 
written prescription.  
    (b) A veterinarian may sell prescription veterinary drugs 
and prescribe extra-label use drugs to a client without 
personally examining the animal if a 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; and 
    (7) withdrawal time. 
    Subd. 2.  [LABEL OF DISPENSED VETERINARY DRUGS.] (a) A 
veterinarian or the veterinarian's authorized agent dispensing a 
veterinary prescription drug or prescribing the extra-label use 
of an over-the-counter drug must provide written information 
which includes the name and address of the veterinarian, date of 
filling, species of patient, name or names of drug, directions 
for use, withdrawal time, and cautionary statements, if any, 
appropriate for the drug. 
    (b) If the veterinary drug has been prepared, mixed, 
formulated, or packaged by the dispenser, all of the information 
required in paragraph (a) must be provided on a label affixed to 
the container. 
    (c) If the veterinary drug is in the manufacturer's 
original package, the information required in paragraph (a) must 
be supplied in writing but need not be affixed to the 
container.  Information required in paragraph (a) that is 
provided by the manufacturer on the original package does not 
need to be repeated in the separate written information.  
Written information required by this paragraph may be written on 
the sales invoice. 
    Subd. 3.  [RECORDS ON VETERINARY DRUG TRANSACTIONS.] A 
veterinarian must maintain complete records of receipt and 
distribution of each prescription veterinary drug.  The records 
may be kept in the form of sales invoices, shipping records, 
prescription files, or a record or log established solely to 
satisfy the requirements of this subdivision.  Records must 
include:  
    (1) the name of the drug; 
    (2) the name and address of the person from whom the drug 
was shipped and the date and quantity received; and 
    (3) the name and address of the person to whom the drug was 
distributed and the date and quantity shipped or otherwise 
distributed. 
    Subd. 4.  [RECORDKEEPING.] Records required by this section 
must be kept for at least two years after dispensing of the drug 
has been completed. 
    Sec. 7.  [156.19] [EXTRA-LABEL USE.] 
    A person, other than a veterinarian or a person working 
under the control of a veterinarian, must not make extra-label 
use of a veterinary drug in or on a food-producing animal, 
unless permitted by the prescription of a veterinarian.  A 
veterinarian may prescribe the extra-label use of a veterinary 
drug if: 
    (1) the veterinarian makes a careful medical diagnosis 
within the context of a valid veterinarian-client-patient 
relationship; 
    (2) the veterinarian determines that there is no marketed 
drug specifically labeled to treat the condition diagnosed, or 
that drug therapy as recommended by the labeling has, in the 
judgment of the attending veterinarian, been found to be 
clinically ineffective; 
    (3) the veterinarian recommends procedures to ensure that 
the identity of the treated animal will be carefully maintained; 
and 
    (4) the veterinarian prescribes a significantly extended 
time period for drug withdrawal before marketing meat, milk, or 
eggs.  
    Sec. 8.  [156.20] [INSPECTIONS AND SAMPLES.] 
    Subdivision 1.  [AUTHORITY.] To enforce sections 4 to 7, a 
veterinarian must allow authorized representatives of the board 
of veterinary medicine, after receiving allegations of a 
violation of sections 4 to 7 and upon presenting appropriate 
credentials to the veterinarian in charge, to:  
    (1) enter premises in which veterinary drugs are held for 
distribution in Minnesota at reasonable times, within reasonable 
limits, and in a reasonable manner; 
    (2) inspect pertinent records, equipment, materials, 
containers, and facilities bearing on whether veterinary drugs 
are in compliance with sections 4 to 7; and 
    (3) collect samples.  
    Subd. 2.  [LIMITS ON INSPECTION.] An inspection authorized 
by this section may not extend to financial information, pricing 
information, personnel information, or sales information other 
than shipment information.  An inspection must be started and 
completed with reasonable promptness. 
    Sec. 9.  [ANIMAL POPULATION CONTROL PROGRAM.] 
    Subdivision 1.  [STUDY COMMISSION.] An animal population 
control study commission is established, consisting of seven 
members as follows:  one senator appointed by the senate 
committee on rules and administration; one representative 
appointed by the speaker of the house; one member each appointed 
by the St. Paul and Minneapolis animal control offices; one 
veterinarian licensed to practice veterinary medicine in 
Minnesota; and two public members.  
    The commissioner of health shall appoint the veterinarian 
and public members of the study commission.  The members shall 
elect a chair.  
    Subd. 2.  [DUTIES; REPORT.] The study commission 
established in subdivision 1 shall study the feasibility of a 
pilot program in the seven-county metropolitan area to reduce 
the population of unwanted and stray dogs and cats. 
    The study commission shall report its finding to the 
speaker of the house and the president of the senate by January 
1, 1990. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:02 p.m.