SF 536

as introduced - 90th Legislature (2017 - 2018) Posted on 02/03/2017 08:44am

A bill for an act
relating to health; allowing pharmacists to provide a drug refill without a
prescription; requiring insurance coverage; authorizing rulemaking; proposing
coding for new law in Minnesota Statutes, chapters 62Q; 151.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[62Q.528] DRUG COVERAGE IN EMERGENCY SITUATIONS.

A health plan that provides prescription drug coverage must provide coverage for a
prescription drug dispensed by a pharmacist under section 151.221, under the terms of
coverage that would apply had the prescription drug been dispensed according to a
prescription.

EFFECTIVE DATE.

This section is effective on January 1 of the first calendar year
following the date of adoption of the rules required by Minnesota Statutes, section 151.222,
or 90 days following the date of adoption of the rules, whichever is later, and applies to
health plans offered, issued, or renewed on or after that date.

Sec. 2.

[151.221] REFILLS WITHOUT VALID PRESCRIPTION.

(a) In accordance with the rules adopted by the board under section 151.222, a pharmacist
may dispense or sell a legend drug without a prescription drug order from a licensed
practitioner if all of the following conditions are met:

(1) the patient has been on a consistent drug therapy as demonstrated by records
maintained by the pharmacy;

(2) the pharmacy at which the pharmacist works has a record of the prescription drug
order for the drug in the name of the patient who is requesting it, but the prescription does
not provide for a refill or the time for providing refills has elapsed;

(3) the pharmacist is unable to contact the practitioner who issued the prescription drug
order or another practitioner responsible for the patient's care to obtain authorization to refill
the prescription;

(4) the drug is essential to sustain the life of the patient or to continue therapy for a
chronic condition; and

(5) failure to dispense or sell the drug to the patient would result in harm to the health
of the patient.

(b) If the conditions in paragraph (a) are met, the amount of the drug dispensed or sold
by the pharmacist to the patient must not exceed a 30-day supply as provided in the
prescription or, if the standard unit of dispensing for the drug exceeds a 30-day supply, the
amount of the drug dispensed or sold must not exceed the standard unit of dispensing.

(c) A pharmacist shall not dispense or sell the same drug to the same patient as provided
in this section more than one time in any 12-month period.

(d) A pharmacist must notify the practitioner who issued the prescription drug order not
later than 72 hours after the drug is sold or dispensed.

(e) The record of a drug sold or dispensed under this section shall be maintained in the
same manner required for prescription drug orders under section 151.211.

EFFECTIVE DATE.

This section is effective 30 days following adoption of the rules
required by Minnesota Statutes, section 151.222.

Sec. 3.

[151.222] RULES; REFILLS WITHOUT A VALID PRESCRIPTION.

The board, in consultation with the Minnesota Board of Medical Practice, the Minnesota
Board of Nursing, and the commissioner of the Minnesota Department of Health, shall adopt
rules to establish the types of drugs approved for a pharmacist to dispense under section
151.221. The board may establish additional record keeping and reporting requirements in
order to monitor the types and numbers of prescriptions dispensed under section 151.221.

EFFECTIVE DATE.

This section is effective the day following final enactment.