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Office of the Revisor of Statutes

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

                            CHAPTER 316-S.F.No. 2207 
                  An act relating to health; exempting certain 
                  prescriptions from bearing a federal drug enforcement 
                  administration registration number; restricting the 
                  use and the release of the federal drug enforcement 
                  administration registration number; amending Minnesota 
                  Statutes 1996, section 152.11, by adding subdivisions. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 152.11, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [FEDERAL REGISTRATION NUMBER EXEMPTION.] A 
        prescription need not bear a federal drug enforcement 
        administration registration number that authorizes the 
        prescriber to prescribe controlled substances if the drug 
        prescribed is not a controlled substance in schedule II, III, 
        IV, or V.  No person shall impose a requirement inconsistent 
        with this subdivision. 
           Sec. 2.  Minnesota Statutes 1996, section 152.11, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [RESTRICTION ON RELEASE OF FEDERAL REGISTRATION 
        NUMBER.] No person or entity may offer for sale, sell, lease, or 
        otherwise release a federal drug enforcement administration 
        registration number for any reason, except for drug enforcement 
        purposes authorized by this chapter and the federal controlled 
        substances registration system.  For purposes of this section, 
        an entity includes a state governmental agency or regulatory 
        board, a health plan company as defined under section 62Q.01, 
        subdivision 4, a managed care organization as defined under 
        section 62Q.01, subdivision 5, or any other entity that 
        maintains prescription data. 
           Sec. 3.  Minnesota Statutes 1996, section 152.11, is 
        amended by adding a subdivision to read: 
           Subd. 2c.  [RESTRICTION ON USE OF FEDERAL REGISTRATION 
        NUMBER.] No entity may use a federal drug enforcement 
        administration registration number to identify or monitor the 
        prescribing practices of a prescriber to whom that number has 
        been assigned, except for drug enforcement purposes authorized 
        by this chapter and the federal controlled substances 
        registration system.  For purposes of this section, an entity 
        includes a health plan company as defined under section 62Q.01, 
        subdivision 4, a managed care organization as defined under 
        section 62Q.01, subdivision 5, or any other entity that 
        maintains prescription data. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective 24 months after the date on 
        which a unique health identifier is adopted or established under 
        United States Code, title 42, sections 1320d to 1320d-8 (1996 
        and subsequent amendments). 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:53 a.m.