Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 66-H.F.No. 1363 
                  An act relating to health; modifying provisions 
                  relating to drug dispensing; amending Minnesota 
                  Statutes 1994, section 152.11, subdivisions 1 and 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 152.11, 
        subdivision 1, is amended to read: 
           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 licensed to prescribe in 
        this state, or a state bordering Minnesota, 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 this chapter, 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. 
           Sec. 2.  Minnesota Statutes 1994, section 152.11, 
        subdivision 2, is amended to read: 
           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 licensed to prescribe in 
        this state or a state bordering Minnesota, 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. 
           Presented to the governor April 18, 1995 
           Signed by the governor April 19, 1995, 2:24 p.m.