Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 489-S.F.No. 1789 
           An act relating to health; requiring licensed health 
          care practitioners who dispense certain legend drugs 
          for profit to file with the practitioner's licensing 
          board; amending Minnesota Statutes 1988, section 
          151.37, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 151.37, 
subdivision 2, is amended to read: 
    Subd. 2.  (a) A licensed practitioner in the course of 
professional practice only, may prescribe, administer, and 
dispense a legend drug, and may cause the same to be 
administered by a nurse or intern under the practitioner's 
direction and supervision, and may cause a person who is an 
appropriately certified and licensed health care professional to 
prescribe and administer the same within the expressed legal 
scope of the person's practice as defined in Minnesota Statutes. 
     (b) A licensed practitioner that dispenses for profit a 
legend drug that is to be administered orally, is ordinarily 
dispensed by a pharmacist, and is not a vaccine, must file with 
the practitioner's licensing board a statement indicating that 
the practitioner dispenses legend drugs for profit, the general 
circumstances under which the practitioner dispenses for profit, 
and the types of legend drugs generally dispensed.  It is 
unlawful to dispense legend drugs for profit after July 31, 
1990, unless the statement has been filed with the appropriate 
licensing board.  For purposes of this paragraph, "profit" means 
(1) any amount received by the practitioner in excess of the 
acquisition cost of a legend drug for legend drugs that are 
purchased in prepackaged form or (2) any amount received by the 
practitioner in excess of the acquisition cost of a legend drug 
plus the cost of making the drug available if the legend drug 
requires compounding, packaging, or other treatment.  The 
statement filed under this paragraph is public data under 
section 13.03.  This paragraph does not apply to a licensed 
doctor of veterinary medicine or a registered pharmacist. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:30 p.m.