Minnesota Session Laws - 2003, Regular Session

                             CHAPTER 62-S.F.No. 418 
                  An act relating to occupations and professions; 
                  removing the restriction of prescribing only topical 
                  legend drugs by board certified optometrists; 
                  requiring that legend drugs be used as included in 
                  optometry curricula; authorizing the prescription of 
                  certain controlled substances; amending reporting 
                  requirement of health professionals to include all 
                  legend drugs; requiring optometrists using legend 
                  drugs be held to the same standards as physicians; 
                  amending Minnesota Statutes 2002, sections 147.111, 
                  subdivision 4; 148.574; 148.575, subdivisions 1, 2; 
                  148.576; 148.577; 151.37, subdivision 11; 152.11, 
                  subdivision 2; 152.12, subdivisions 1, 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 147.111, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
        professional and persons holding a residency permit under 
        section 147.0391, shall report to the board personal knowledge 
        of any conduct which the person reasonably believes constitutes 
        grounds for disciplinary action under sections 147.01 to 147.22 
        by any physician or person holding a residency permit under 
        section 147.0391, including any conduct indicating that the 
        person may be medically incompetent, or may have engaged in 
        unprofessional conduct or may be medically or physically unable 
        to engage safely in the practice of medicine.  A licensed 
        physician or other health professional licensed under this 
        chapter shall also report to the board any occurrence of any 
        adverse reaction resulting from an optometrist's prescription, 
        use, or administration of any topical legend drug.  Any reports 
        received by the board must be reported to the board of 
        optometry.  No report shall be required if the information was 
        obtained in the course of a physician-patient relationship if 
        the patient is a physician or person holding a residency permit 
        under section 147.0391, and the treating physician successfully 
        counsels the person to limit or withdraw from practice to the 
        extent required by the impairment. 
           Sec. 2.  Minnesota Statutes 2002, section 148.574, is 
        amended to read: 
           148.574 [PROHIBITIONS RELATING TO LEGEND DRUGS; AUTHORIZING 
        SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS.] 
           An optometrist shall not purchase, possess, administer, 
        prescribe or give any legend drug as defined in section 151.01 
        or 152.02 to any person except as is expressly authorized by 
        sections 148.571 to 148.577.  The authorizations in sections 
        148.571 to 148.577 apply only to topical legend drugs.  Nothing 
        in chapter 151 shall prevent a pharmacist from selling topical 
        ocular drugs to an optometrist authorized to use such drugs 
        according to sections 148.571 to 148.577.  Notwithstanding 
        section sections 151.37 and 152.12, an optometrist is prohibited 
        from dispensing legend drugs at retail. 
           Sec. 3.  Minnesota Statutes 2002, section 148.575, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CERTIFICATE REQUIRED FOR USE OF TOPICAL 
        LEGEND DRUGS.] A licensed optometrist must be board certified to 
        use topical legend drugs for therapy under section 148.576. 
           Sec. 4.  Minnesota Statutes 2002, section 148.575, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BOARD CERTIFIED DEFINED.] "Board certified" 
        means that a licensed optometrist has been issued a certificate 
        by the board of optometry certifying that the optometrist has 
        complied with the following requirements for the use of topical 
        legend drugs described in section 148.576: 
           (1) successful completion of at least 60 hours of study in 
        general and ocular pharmacology emphasizing drugs used for 
        examination or treatment purposes, their systemic effects and 
        management or referral of adverse reactions; 
           (2) successful completion of at least 100 hours of study in 
        the examination, diagnosis, and treatment of conditions of the 
        human eye with topical legend drugs; 
           (3) successful completion of two years of supervised 
        clinical experience in differential diagnosis of eye disease or 
        disorders as part of optometric training or one year of that 
        experience and ten years of actual clinical experience as a 
        licensed optometrist; and 
           (4) successful completion of a nationally standardized 
        examination approved by the board on the subject of treatment 
        and management of ocular disease prepared, administered, and 
        graded by the International Association of Boards of Examiners 
        in Optometry or an equivalent national board examination. 
           Sec. 5.  Minnesota Statutes 2002, section 148.576, is 
        amended to read: 
           148.576 [USE OF TOPICAL LEGEND DRUGS; LIMITATIONS; 
        REPORTS.] 
           Subdivision 1.  [AUTHORITY TO PRESCRIBE OR ADMINISTER.] A 
        licensed optometrist who is board certified under section 
        148.575 may prescribe or administer topical legend drugs to aid 
        in the diagnosis, cure, mitigation, prevention, treatment, or 
        management of disease, deficiency, deformity, or abnormality of 
        the human eye and adnexa included in the curricula of accredited 
        schools or colleges of optometry.  Nothing in this section shall 
        allow (1) legend drugs to be administered intravenously, 
        intramuscularly, or by injection except for treatment of 
        anaphylaxis, (2) invasive surgery including, but not limited to, 
        surgery using lasers, (3) schedule II and III oral legend drugs 
        and oral steroids to be administered or prescribed, (4) oral 
        antivirals to be prescribed or administered for more than ten 
        days, or (5) oral carbonic anhydrase inhibitors to be prescribed 
        or administered for more than seven days.  
           Subd. 2.  [ADVERSE REACTION REPORTS.] An optometrist 
        certified to prescribe topical legend drugs shall file with the 
        board of optometry within ten working days of its occurrence a 
        report on any adverse reaction resulting from the optometrist's 
        administration of a drug.  The report must include the 
        optometrist's name, address, and license number; the patient's 
        name, address, and age; the patient's presenting problem; the 
        diagnosis; the agent administered and the method of 
        administration; the reaction; and the subsequent action taken. 
           Sec. 6.  Minnesota Statutes 2002, section 148.577, is 
        amended to read: 
           148.577 [STANDARD OF CARE.] 
           A licensed optometrist who is board certified under section 
        148.575 is held to the same standard of care in the use of those 
        legend drugs as physicians licensed by the state of Minnesota. 
           Sec. 7.  Minnesota Statutes 2002, section 151.37, 
        subdivision 11, is amended to read: 
           Subd. 11.  [COMPLAINT REPORTING.] The board of pharmacy 
        shall report on a quarterly basis to the board of optometry any 
        complaints received regarding the prescription or administration 
        of topical legend drugs under section 148.576. 
           Sec. 8.  Minnesota Statutes 2002, section 152.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WRITTEN OR ORAL PRESCRIPTION REQUIREMENT FOR 
        SCHEDULE III OR IV CONTROLLED SUBSTANCES.] 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, a doctor of optometry limited to 
        schedule IV, 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. 
           Sec. 9.  Minnesota Statutes 2002, section 152.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PRESCRIBING, DISPENSING, ADMINISTERING 
        CONTROLLED SUBSTANCES IN SCHEDULES II THROUGH V.] A licensed 
        doctor of medicine, a doctor of osteopathy, duly licensed to 
        practice medicine, a doctor of dental surgery, or a doctor of 
        dental medicine, or a licensed doctor of podiatry, or a licensed 
        doctor of optometry limited to schedules IV and V, and in the 
        course of professional practice only, may prescribe, administer, 
        and dispense a controlled substance included in Schedules II 
        through V of section 152.02, may cause the same to be 
        administered by a nurse, an intern or an assistant under the 
        direction and supervision of the doctor, and may cause a person 
        who is an appropriately certified and licensed health care 
        professional to prescribe and administer the same within the 
        expressed legal scope of the person's practice as defined in 
        Minnesota Statutes. 
           Sec. 10.  Minnesota Statutes 2002, section 152.12, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SALE OF CONTROLLED SUBSTANCES NOT PROHIBITED FOR 
        CERTAIN PERSONS AND ENTITIES.] Nothing in this chapter shall 
        prohibit the sale to, or the possession of, a controlled 
        substance in schedule II, III, IV or V by:  Registered drug 
        wholesalers, registered manufacturers, registered pharmacies, or 
        any licensed hospital or other licensed institutions wherein 
        sick and injured persons are cared for or treated, or bona fide 
        hospitals wherein animals are treated; or by licensed 
        pharmacists, licensed doctors of medicine, doctors of osteopathy 
        duly licensed to practice medicine, licensed doctors of dental 
        surgery, licensed doctors of dental medicine, licensed doctors 
        of podiatry, licensed doctors of optometry limited to schedules 
        IV and V, or licensed doctors of veterinary medicine when such 
        practitioners use controlled substances within the course of 
        their professional practice only. 
           Nothing in this chapter shall prohibit the possession of a 
        controlled substance in schedule II, III, IV or V by an employee 
        or agent of a registered drug wholesaler, registered 
        manufacturer, or registered pharmacy, while acting in the course 
        of employment, or; by a patient of a licensed doctor of 
        medicine, a doctor of osteopathy duly licensed to practice 
        medicine, or a licensed doctor of dental surgery, a licensed 
        doctor of dental medicine, or a licensed doctor of optometry 
        limited to schedules IV and V; or by the owner of an animal for 
        which a controlled substance has been prescribed by a licensed 
        doctor of veterinary medicine, when such controlled substances 
        are dispensed according to law. 
           Presented to the governor May 16, 2003 
           Signed by the governor May 19, 2003, 11:00 a.m.