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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                         CHAPTER 82-S.F.No. 163 
           An act relating to crimes; modifying requirements for 
          the dispensing of controlled substance; amending 
          Minnesota Statutes 1992, sections 152.01, by adding a 
          subdivision; and 152.11. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 21.  [ORPHAN DRUG.] "Orphan drug" means a drug for a 
disease or condition which is rare in the United States and has 
been designated as an orphan drug by the Secretary of Health and 
Human Services as provided in the Orphan Drug Act, Public Law 
Number 92-414, as amended. 
    Sec. 2.  Minnesota Statutes 1992, section 152.11, is 
amended to read: 
    152.11 [WRITTEN OR ORAL PRESCRIPTIONS, REQUISITES.] 
    Subdivision 1.  No person may dispense a controlled 
substance included in Schedule II of section 152.02 without a 
prescription written by a doctor of medicine, a doctor of 
osteopathy licensed to practice medicine, a doctor of dental 
surgery, a doctor of dental medicine, a doctor of podiatry, or a 
doctor of veterinary medicine, lawfully practicing the 
profession in this state licensed to prescribe in this state and 
having a current federal drug enforcement administration 
registration number.  Provided that in emergency situations, as 
authorized by federal law, such drug may be dispensed upon oral 
prescription reduced promptly to writing and filed by the 
pharmacist.  Such prescriptions shall be retained in conformity 
with section 152.101.  No prescription for a Schedule II 
substance may be refilled.  
    For the purposes of Laws 1971, chapter 937, a written 
prescription or oral prescription, which shall be reduced to 
writing, for a controlled substance in schedule II, III, IV or V 
is void unless (1) it is written in ink and contains the name 
and address of the person for whose use it is intended; (2) it 
states the amount of the controlled substance to be compounded 
or dispensed, with directions for its use; (3) if a written 
prescription, it contains the signature, address and federal 
registry number of the prescriber and a designation of the 
branch of the healing art pursued by the prescriber; and if an 
oral prescription, the name and address of the prescriber and a 
designation of the prescriber's branch of the healing art; and 
(4) it shows the date when signed by the prescriber, or the date 
of acceptance in the pharmacy if an oral prescription.  Every 
licensed pharmacist who compounds any such prescription shall 
retain such prescription in a file for a period of not less than 
two years, open to inspection by any officer of the state, 
county, or municipal government, whose duty it is to aid and 
assist with the enforcement of this chapter.  Every such 
pharmacist shall distinctly label the container with the 
directions contained in the prescription for the use thereof.  
    Subd. 2.  No person may dispense a controlled substance 
included in schedule III or IV of section 152.02 without a 
written or oral prescription from a doctor of medicine, a doctor 
of osteopathy licensed to practice medicine, a doctor of dental 
surgery, a doctor of dental medicine, a doctor of podiatry, or a 
doctor of veterinary medicine, lawfully practicing the 
profession in this state licensed to prescribe in this state and 
having a current federal drug enforcement administration 
registration number.  Such prescription may not be dispensed or 
refilled except with the written or verbal consent of the 
prescriber, and in no event more than six months after the date 
on which such prescription was issued and no such prescription 
may be refilled more than five times.  
    Subd. 3.  For the purpose of subdivisions 1 and 2, nothing 
shall prohibit the dispensing of orphan drugs prescribed by a 
person practicing in and licensed by another state as a 
physician, dentist, veterinarian, or podiatrist; who has a 
current federal drug enforcement administration registration 
number; and who may legally prescribe Schedule II, III, IV, or V 
controlled substances in that state. 
    Presented to the governor April 30, 1993 
    Signed by the governor May 3, 1993, 4:33 p.m.