1.1 	A bill for an act
1.2 	relating to health; establishing a controlled substances reporting program; 
1.3 	providing for disciplinary action;proposing coding for new law in Minnesota 
1.4 	Statutes, chapter 152.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [152.126] ALL SCHEDULES PRESCRIPTION ELECTRONIC 
1.7 	REPORTING PROGRAM.
1.8 		Subdivision 1.Definitions. For purposes of this section, the terms defined in this 
1.9 	subdivision have the meanings given.
1.10 	(a) "Advisory committee" means the Prescription Electronic Reporting Advisory 
1.11 	Committee established under subdivision 3.
1.12 	(b) "Board" means the Minnesota State Board of Pharmacy established under 
1.13 	chapter 151.
1.14 	(c) "Controlled substances" means those substances listed in section 152.02, 
1.15 	subdivisions 3 to 6, and those substances defined by the board pursuant to section 152.02, 
1.16 	subdivisions 7, 8, and 12.
1.17 	(d) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 
1.18 	30.
1.19 	(e) "Dispenser" means a person authorized by law to dispense, pursuant to a valid 
1.20 	prescription, a controlled substance. A dispenser does not include a licensed hospital 
1.21 	pharmacy that distributes controlled substances for inpatient hospital care.
1.22 	(f) "Prescriber" means a licensed health care professional who is authorized to 
1.23 	prescribe a controlled substance under section 152.12, subdivision 1.
1.24 	(g) "Prescription" has the meaning given in section 151.01, subdivision 16.
2.1 		Subd. 2.Establishment of a prescription electronic reporting program. (a) The 
2.2 	board shall establish by January 1, 2008, an electronic system for reporting the information 
2.3 	required under subdivision 4 for all controlled substances dispensed within the state.
2.4 	(b) The board may contract with a vendor to establish and maintain the electronic 
2.5 	reporting system.
2.6 		Subd. 3.Prescription Electronic Reporting Advisory Committee. (a) The 
2.7 	advisory committee consists of seven members appointed by the board to three-year 
2.8 	terms. The board shall include at least one representative of:
2.9 	(1) the Department of Health;
2.10 	(2) the Department of Human Services;
2.11 	(3) each health-related licensing board that licenses prescribers;
2.12 	(4) a professional medical association, which may include an association of pain 
2.13 	management and chemical dependency specialists;
2.14 	(5) a professional pharmacy association; and
2.15 	(6) a consumer or patient rights organization.
2.16 	(b) The advisory committee shall advise the board on the development and operation 
2.17 	of the electronic reporting system, including, but not limited to:
2.18 	(1) technical standards for electronic prescription drug reporting;
2.19 	(2) proper analysis and interpretation of prescription monitoring data;
2.20 	(3) standards for clinically appropriate prescribing and dispensing of controlled 
2.21 	substances; and
2.22 	(4) an evaluation process for the program.
2.23 		Subd. 4.Reporting requirements. (a) Each dispenser must submit the following 
2.24 	data to the board or its designated vendor:
2.25 	(1) name of the prescriber;
2.26 	(2) national provider identifier of the prescriber;
2.27 	(3) name of the dispenser;
2.28 	(4) national provider identifier of the dispenser;
2.29 	(5) name of the patient for whom the prescription was written;
2.30 	(6) date of birth of the patient for whom the prescription was written;
2.31 	(7) date the prescription was written;
2.32 	(8) date the prescription was filled;
2.33 	(9) name and strength of the controlled substance;
2.34 	(10) quantity of controlled substance prescribed;
2.35 	(11) quantity of controlled substance dispensed;
2.36 	(12) days supply based on the directions for use listed on the prescription; and
3.1 	(13) any other information deemed necessary by the board.
3.2 	(b) The dispenser must submit the required information by a procedure and in a 
3.3 	format established by the board.
3.4 	(c) A dispenser is not required to submit this data for those controlled substance 
3.5 	prescriptions dispensed for individuals residing in licensed skilled nursing or intermediate 
3.6 	care facilities.
3.7 		Subd. 5.Use and analysis of data by board.  The board shall develop and maintain 
3.8 	a database of the data reported under subdivision 4 and shall use the database for the 
3.9 	identification of: 
3.10 	(1) prescribing practices and patterns of prescribing and dispensing controlled 
3.11 	substances; 
3.12 	(2) prescribers who may be prescribing controlled substances in an unprofessional or 
3.13 	unlawful manner; 
3.14 	(3) dispensers who may be dispensing controlled substances in an unprofessional or 
3.15 	unlawful manner; 
3.16 	(4) individuals receiving prescriptions for controlled substances from prescribers 
3.17 	who subsequently obtain controlled substances from dispensers in quantities or with a 
3.18 	frequency inconsistent with generally recognized standards of dosage for those controlled 
3.19 	substances; and 
3.20 	(5) individuals presenting forged or otherwise false or altered prescriptions for 
3.21 	controlled substances to dispensers. 
3.22 		Subd. 6.Access to prescription electronic reporting program data. (a) Except as 
3.23 	indicated in paragraphs (b), (c), and (d), the data submitted to the board under subdivision 
3.24 	4 is private data on individuals as defined in section 13.02, subdivision 12.
3.25 	(b) If in the course of reviewing data submitted under subdivision 4, the board 
3.26 	determines there is reasonable cause to believe that a violation of law or a breach of 
3.27 	professional standards has occurred, the board shall notify the appropriate law enforcement 
3.28 	and professional licensing, certification, or regulatory authorities, and provide all relevant 
3.29 	data to the appropriate authority. 
3.30 	(c) The board may provide data submitted under subdivision 4 for public research, 
3.31 	policy or education purposes, to the extent that any information that is likely to reveal the 
3.32 	identity of the patient or other person who is the subject of the data has been removed.
3.33 	(d) The following persons may access the data submitted under subdivision 4 in the 
3.34 	same or similar manner, and for the same or similar purposes, as those persons who are 
3.35 	authorized to access similar private data on individuals under federal and state law:
4.1 	(1) a prescriber, to the extent the information relates specifically to a current patient 
4.2 	of the prescriber, to whom the practitioner is prescribing or considering prescribing any 
4.3 	controlled substance;
4.4 	(2) a dispenser to the extent the information relates specifically to a current patient to 
4.5 	whom that dispenser is dispensing or considering dispensing any controlled substance;
4.6 	(3) an individual who is the recipient of a controlled substance prescription for 
4.7 	which data was submitted under subdivision 4;
4.8 	(4) personnel of the board specifically assigned to conduct investigations related to 
4.9 	controlled substances laws under the jurisdiction of the board;
4.10 	(5) personnel of the board engaged in the collection and analysis of controlled 
4.11 	substance prescription information as part of the assigned duties and responsibilities of 
4.12 	their employment;
4.13 	(6) authorized personnel of a vendor under contract to the board who are engaged in 
4.14 	the collection and analysis of the data collected under subdivision 4 as part of the assigned 
4.15 	duties and responsibilities of their employment;
4.16 	(7) a designated representative of a health-related licensing board responsible for the 
4.17 	licensure, regulation, or discipline of prescribers or dispensers provided that the requested 
4.18 	data relates to a bona fide investigation of a specific licensee;
4.19 	(8) federal, state, and local law enforcement authorities engaged in a bona fide 
4.20 	investigation of a specific person; and
4.21 	(9) personnel of the medical assistance program assigned to use the data collected 
4.22 	under this section to identify recipients whose usage of controlled substances may warrant 
4.23 	restriction to a single primary care physician, a single outpatient pharmacy, or a single 
4.24 	hospital.
4.25 	(e) The board shall not release data submitted under this section unless it is provided 
4.26 	with evidence, satisfactory to the board, that the person requesting the information is 
4.27 	entitled to receive the data.
4.28 		Subd. 7.Disciplinary action. (a) A dispenser who knowingly fails to submit data to 
4.29 	the board as required under this section is subject to disciplinary action by the appropriate 
4.30 	health-related licensing board.
4.31 	(b) A prescriber or dispenser authorized to access the data who knowingly discloses 
4.32 	the data in violation of state or federal laws relating to the privacy of healthcare data shall 
4.33 	be subject to disciplinary action by the appropriate health-related licensing board.
4.34 		Subd. 8.Evaluation and reporting. (a) The board, in consultation with the 
4.35 	advisory committee, shall evaluate the prescription electronic reporting program to 
5.1 	determine if the program is cost-effective. The board may contract with a vendor to 
5.2 	design and conduct the evaluation.
5.3 	(b) The board shall submit the evaluation of the program to the legislature by 
5.4 	January 15, 2009.
5.5 		Subd. 9.Rules. The board may promulgate rules necessary to implement the 
5.6 	provisions of this section.

5.7 	EFFECTIVE DATE. This section is effective July 1, 2006, or upon receiving 
5.8 	sufficient nonstate funds to implement the prescription electronic reporting program, 
5.9 	whichever is later. In the event that nonstate funds are not secured by the Board of 
5.10 	Pharmacy to adequately fund the implementation of the prescription electronic reporting 
5.11 	program, the board is not required to implement section 1, without a subsequent 
5.12 	appropriation from the legislature.

5.13 	Sec. 2. FEDERAL GRANTS.
 5.14 	The Board of Pharmacy shall apply for any applicable federal grants or other nonstate 
5.15 	funds to establish and fully implement the prescription electronic reporting program.

5.16 	EFFECTIVE DATE. This section is effective the day following final enactment.