Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 412-H.F.No. 1673 
           An act relating to occupations and professions; 
          regulating the practice of pharmacy; amending 
          Minnesota Statutes 1988, sections 151.01, subdivisions 
          3 and 11; 151.13, subdivision 1; and Minnesota 
          Statutes 1989 Supplement, section 151.34. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 151.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [PHARMACIST.] The term "pharmacist" means a 
natural person licensed by the state board of pharmacy to 
prepare, compound, dispense, and sell drugs, medicines, 
chemicals, and poisons an individual with a currently valid 
license issued by the board of pharmacy to practice pharmacy.  
    Sec. 2.  Minnesota Statutes 1988, section 151.01, 
subdivision 11, is amended to read: 
    Subd. 11.  [PERSON.] The term "person" includes every 
individual, copartnership, corporation, or association means an 
individual, firm, partnership, company, corporation, trustee, 
association, agency, or other public or private entity.  
    Sec. 3.  Minnesota Statutes 1988, section 151.13, 
subdivision 1, is amended to read: 
    Subdivision 1.  Every person licensed by the board shall 
pay to the board a renewal fee to be fixed by it.  The board may 
promulgate by rule a charge to be assessed for the delinquent 
payment of a fee.  It shall be unlawful for any such 
person licensed as a pharmacist who refuses or fails to pay such 
renewal fee to practice pharmacy in this state.  Every 
certificate and license shall expire at the time therein 
prescribed. 
     Sec. 4.  Minnesota Statutes 1989 Supplement, 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) practice pharmacy without being licensed to do so by 
the board; or 
    (14) sell at retail federally restricted medical devices or 
medical gases without proper registration with the board except 
as provided in this chapter. 
    Presented to the governor April 3, 1990 
    Signed by the governor April 6, 1990, 11:11 a.m.