language to be deleted (2) new language
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 poisonsan 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 associationmeans 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 suchperson 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 ormedical 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.