Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 132-S.F.No. 1722 
                  An act relating to professions and occupations; 
                  defining and regulating pharmacy technicians; amending 
                  Minnesota Statutes 1996, sections 151.01, by adding a 
                  subdivision; and 151.06, subdivision 1; proposing 
                  coding for new law in Minnesota Statutes, chapter 151. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 151.01, is 
        amended by adding a subdivision to read: 
           Subd. 15a.  [PHARMACY TECHNICIAN.] The term "pharmacy 
        technician" means a person not licensed as a pharmacist or a 
        pharmacist intern, who assists the pharmacist in the preparation 
        and dispensing of medications by performing computer entry of 
        prescription data and other manipulative tasks.  A pharmacy 
        technician shall not perform tasks specifically reserved to a 
        licensed pharmacist or requiring professional judgment.  
           Sec. 2.  Minnesota Statutes 1996, section 151.06, 
        subdivision 1, is amended to read: 
           Subdivision 1. [GENERALLY; RULES.] (a)  [POWERS AND 
        DUTIES.] The board of pharmacy shall have the power and it shall 
        be its duty: 
           (1) to regulate the practice of pharmacy; 
           (2) to regulate the manufacture, wholesale, and retail sale 
        of drugs within this state; 
           (3) to regulate the identity, labeling, purity, and quality 
        of all drugs and medicines dispensed in this state, using the 
        United States Pharmacopeia and the National Formulary, or any 
        revisions thereof, or standards adopted under the federal act as 
        the standard; 
           (4) to enter and inspect by its authorized representative 
        any and all places where drugs, medicines, medical gases, or 
        veterinary drugs or devices are sold, vended, given away, 
        compounded, dispensed, manufactured, wholesaled, or held; it may 
        secure samples or specimens of any drugs, medicines, medical 
        gases, or veterinary drugs or devices after paying or offering 
        to pay for such sample; it shall be entitled to inspect and make 
        copies of any and all records of shipment, purchase, 
        manufacture, quality control, and sale of these items provided, 
        however, that such inspection shall not extend to financial 
        data, sales data, or pricing data; 
           (5) to examine and license as pharmacists all applicants 
        whom it shall deem qualified to be such; 
           (6) to license wholesale drug distributors; 
           (7) to deny, suspend, revoke, or refuse to renew any 
        registration or license required under this chapter, to any 
        applicant or registrant or licensee upon any of the following 
        grounds: 
           (i) fraud or deception in connection with the securing of 
        such license or registration; 
           (ii) in the case of a pharmacist, conviction in any court 
        of a felony; 
           (iii) in the case of a pharmacist, conviction in any court 
        of an offense involving moral turpitude; 
           (iv) habitual indulgence in the use of narcotics, 
        stimulants, or depressant drugs; or habitual indulgence in 
        intoxicating liquors in a manner which could cause conduct 
        endangering public health; 
           (v) unprofessional conduct or conduct endangering public 
        health; 
           (vi) gross immorality; 
           (vii) employing, assisting, or enabling in any manner an 
        unlicensed person to practice pharmacy; 
           (viii) conviction of theft of drugs, or the unauthorized 
        use, possession, or sale thereof; 
           (ix) violation of any of the provisions of this chapter or 
        any of the rules of the state board of pharmacy; 
           (x) in the case of a pharmacy license, operation of such 
        pharmacy without a pharmacist present and on duty; 
           (xi) in the case of a pharmacist, physical or mental 
        disability which could cause incompetency in the practice of 
        pharmacy; 
           (xii) in the case of a pharmacist, the suspension or 
        revocation of a license to practice pharmacy in another state; 
        or 
           (xiii) in the case of a pharmacist, aiding suicide or 
        aiding attempted suicide in violation of section 609.215 as 
        established by any of the following: 
           (A) a copy of the record of criminal conviction or plea of 
        guilty for a felony in violation of section 609.215, subdivision 
        1 or 2; 
           (B) a copy of the record of a judgment of contempt of court 
        for violating an injunction issued under section 609.215, 
        subdivision 4; 
           (C) a copy of the record of a judgment assessing damages 
        under section 609.215, subdivision 5; or 
           (D) a finding by the board that the person violated section 
        609.215, subdivision 1 or 2.  The board shall investigate any 
        complaint of a violation of section 609.215, subdivision 1 or 2; 
           (8) to employ necessary assistants and make rules for the 
        conduct of its business; and 
           (9) to register pharmacy technicians; and 
           (10) to perform such other duties and exercise such other 
        powers as the provisions of the act may require.  
           (b)  [TEMPORARY SUSPENSION.] In addition to any other 
        remedy provided by law, the board may, without a hearing, 
        temporarily suspend a license for not more than 60 days if the 
        board finds that a pharmacist has violated a statute or rule 
        that the board is empowered to enforce and continued practice by 
        the pharmacist would create an imminent risk of harm to others.  
        The suspension shall take effect upon written notice to the 
        pharmacist, specifying the statute or rule violated.  At the 
        time it issues the suspension notice, the board shall schedule a 
        disciplinary hearing to be held under the administrative 
        procedure act.  The pharmacist shall be provided with at least 
        20 days notice of any hearing held under this subdivision. 
           (c)  [RULES.] For the purposes aforesaid, it shall be the 
        duty of the board to make and publish uniform rules not 
        inconsistent herewith for carrying out and enforcing the 
        provisions of this chapter.  The board shall adopt rules 
        regarding prospective drug utilization review and patient 
        counseling by pharmacists.  A pharmacist in the exercise of the 
        pharmacist's professional judgment, upon the presentation of a 
        new prescription by a patient or the patient's caregiver or 
        agent, shall perform the prospective drug utilization review 
        required by rules issued under this subdivision. 
           Sec. 3.  [151.102] [PHARMACY TECHNICIAN.] 
           A pharmacy technician may assist a pharmacist in the 
        practice of pharmacy by performing nonjudgmental tasks and works 
        under the personal and direct supervision of the pharmacist.  A 
        pharmacist may supervise two technicians, as long as the 
        pharmacist assumes responsibility for all the functions 
        performed by the technicians.  Nothing in this section prohibits 
        the board of pharmacy from operating according to established 
        rules setting ratios of technicians to pharmacists greater than 
        two to one for the functions specified in rule.  The delegation 
        of any duties, tasks, or functions by a pharmacist to a pharmacy 
        technician is subject to continuing review and becomes the 
        professional and personal responsibility of the pharmacist who 
        directed the pharmacy technician to perform the duty, task, or 
        function. 
           Presented to the governor May 8, 1997 
           Signed by the governor May 9, 1997, 8:35 a.m.