Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 69-H.F.No. 612 
                  An act relating to health; requiring equal treatment 
                  of prescription drug prescribers; clarifying the role 
                  of practice guidelines in prescribing legend drugs; 
                  amending Minnesota Statutes 1994, section 151.37, 
                  subdivision 2; proposing coding for new law in 
                  Minnesota Statutes, chapter 62A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [62A.307] [PRESCRIPTION DRUGS; EQUAL TREATMENT 
        OF PRESCRIBERS.] 
           Subdivision 1.  [SCOPE OF REQUIREMENT.] This section 
        applies to any of the following if issued or renewed to a 
        Minnesota resident or to cover a Minnesota resident: 
           (1) a health plan, as defined in section 62A.011; 
           (2) coverage described in section 62A.011, subdivision 3, 
        clause (2), (3), or (6) to (12); and 
           (3) a policy, contract, or certificate issued by a 
        community integrated service network or an integrated service 
        network licensed under chapter 62N. 
           Subd. 2.  [REQUIREMENT.] Coverage described in subdivision 
        1 that covers prescription drugs must provide the same coverage 
        for a prescription written by a health care provider authorized 
        to prescribe the particular drug covered by the health coverage 
        described in subdivision 1, regardless of the type of health 
        care provider that wrote the prescription.  This section is 
        intended to prohibit denial of coverage based on the 
        prescription having been written by an advanced practice nurse 
        under section 148.235, a physician assistant under section 
        147.34, or any other nonphysician health care provider 
        authorized to prescribe the particular drug. 
           Sec. 2.  Minnesota Statutes 1994, 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, a physician assistant, or intern 
        medical student or resident under the practitioner's direction 
        and supervision, and may cause a person who is an appropriately 
        certified, registered, or licensed health care professional to 
        prescribe, dispense, and administer the same within the 
        expressed legal scope of the person's practice as defined in 
        Minnesota Statutes.  A licensed practitioner may prescribe a 
        legend drug, without reference to a specific patient, by 
        directing a registered nurse, physician assistant, or medical 
        student or resident to adhere to a particular practice guideline 
        or protocol when treating patients whose condition falls within 
        such guideline or protocol, and when such guideline or protocol 
        specifies the circumstances under which the legend drug is to be 
        prescribed and administered.  An individual who verbally, 
        electronically, or otherwise transmits a written, oral, or 
        electronic order, as an agent of a prescriber, shall not be 
        deemed to have prescribed the legend drug.  This paragraph 
        applies to a physician assistant only if the physician assistant 
        meets the registration and certification requirements of section 
        147.34, subdivision 1, paragraph (a). 
           (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.  Any 
        person other than a licensed practitioner with the authority to 
        prescribe, dispense, and administer a legend drug under 
        paragraph (a) shall not dispense for profit.  To dispense for 
        profit does not include dispensing by a community health clinic 
        when the profit from dispensing is used to meet operating 
        expenses. 
           Presented to the governor April 18, 1995 
           Signed by the governor April 19, 1995, 2:28 p.m.