Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 242-H.F.No. 2391 
                  An act relating to health; modifying authority to 
                  dispense controlled substances; requiring a proposal 
                  for a program for health care professionals 
                  prescribing legend drugs; amending Minnesota Statutes 
                  2002, section 152.11, subdivision 1; Minnesota 
                  Statutes 2003 Supplement, section 152.11, subdivision 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 152.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WRITTEN PRESCRIPTION REQUIREMENT FOR 
        SCHEDULE II CONTROLLED SUBSTANCES.] 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 by a state bordering Minnesota practitioner 
        licensed to prescribe controlled substances by the state in 
        which the prescription is issued, 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 2003 Supplement, 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 from a practitioner licensed to prescribe controlled 
        substances by the state in which the prescription is issued, 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. 3.  [REPORT.] 
           The health-related licensing boards defined in Minnesota 
        Statutes, section 214.01, subdivision 2, shall work with the 
        University of Minnesota to develop a proposal for a 
        competency-based education and assessment program for 
        professionals authorized to prescribe, dispense, or administer 
        legend drugs.  The boards shall report to the senate and house 
        of representatives committees with jurisdiction over health and 
        human services by January 30, 2005. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 27, 2004, 3:20 p.m.