2006 Minnesota Statutes

151.06 POWERS AND DUTIES.
    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy shall have
the power and it shall be its duty:
(1) to regulate the practice of pharmacy;
(2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
(3) to regulate the identity, labeling, purity, and quality of all drugs and medicines dispensed
in this state, using the United States Pharmacopeia and the National Formulary, or any revisions
thereof, or standards adopted under the federal act as the standard;
(4) to enter and inspect by its authorized representative any and all places where drugs,
medicines, medical gases, or veterinary drugs or devices are sold, vended, given away,
compounded, dispensed, manufactured, wholesaled, or held; it may secure samples or specimens
of any drugs, medicines, medical gases, or veterinary drugs or devices after paying or offering
to pay for such sample; it shall be entitled to inspect and make copies of any and all records of
shipment, purchase, manufacture, quality control, and sale of these items provided, however, that
such inspection shall not extend to financial data, sales data, or pricing data;
(5) to examine and license as pharmacists all applicants whom it shall deem qualified to be
such;
(6) to license wholesale drug distributors;
(7) to deny, suspend, revoke, or refuse to renew any registration or license required under
this chapter, to any applicant or registrant or licensee upon any of the following grounds:
(i) fraud or deception in connection with the securing of such license or registration;
(ii) in the case of a pharmacist, conviction in any court of a felony;
(iii) in the case of a pharmacist, conviction in any court of an offense involving moral
turpitude;
(iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs; or habitual
indulgence in intoxicating liquors in a manner which could cause conduct endangering public
health;
(v) unprofessional conduct or conduct endangering public health;
(vi) gross immorality;
(vii) employing, assisting, or enabling in any manner an unlicensed person to practice
pharmacy;
(viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
(ix) violation of any of the provisions of this chapter or any of the rules of the State Board of
Pharmacy;
(x) in the case of a pharmacy license, operation of such pharmacy without a pharmacist
present and on duty;
(xi) in the case of a pharmacist, physical or mental disability which could cause
incompetency in the practice of pharmacy;
(xii) in the case of a pharmacist, the suspension or revocation of a license to practice
pharmacy in another state; or
(xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in violation of
section 609.215 as established by any of the following:
(A) a copy of the record of criminal conviction or plea of guilty for a felony in violation of
section 609.215, subdivision 1 or 2;
(B) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;
(C) a copy of the record of a judgment assessing damages under section 609.215, subdivision
5 ; or
(D) a finding by the board that the person violated section 609.215, subdivision 1 or 2. The
board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2;
(8) to employ necessary assistants and make rules for the conduct of its business;
(9) to register pharmacy technicians; and
(10) to perform such other duties and exercise such other powers as the provisions of the
act may require.
(b) Temporary suspension. In addition to any other remedy provided by law, the board may,
without a hearing, temporarily suspend a license for not more than 60 days if the board finds that
a pharmacist has violated a statute or rule that the board is empowered to enforce and continued
practice by the pharmacist would create an imminent risk of harm to others. The suspension shall
take effect upon written notice to the pharmacist, specifying the statute or rule violated. At the
time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held
under the Administrative Procedure Act. The pharmacist shall be provided with at least 20 days'
notice of any hearing held under this subdivision.
(c) Rules. For the purposes aforesaid, it shall be the duty of the board to make and publish
uniform rules not inconsistent herewith for carrying out and enforcing the provisions of this
chapter. The board shall adopt rules regarding prospective drug utilization review and patient
counseling by pharmacists. A pharmacist in the exercise of the pharmacist's professional judgment,
upon the presentation of a new prescription by a patient or the patient's caregiver or agent, shall
perform the prospective drug utilization review required by rules issued under this subdivision.
    Subd. 1a. Disciplinary action. It shall be grounds for disciplinary action by the Board of
Pharmacy against the registration of the pharmacy if the Board of Pharmacy determines that any
person with supervisory responsibilities at the pharmacy sets policies that prevent a licensed
pharmacist from providing drug utilization review and patient counseling as required by rules
adopted under subdivision 1. The Board of Pharmacy shall follow the requirements of chapter 14
in any disciplinary actions taken under this section.
    Subd. 2. Application. The provisions of subdivision 1 shall apply to an individual owner or
sole proprietor and shall also apply to the following:
(1) In the case of a partnership, each partner thereof;
(2) In the case of an association, each member thereof;
(3) In the case of a corporation, each officer or director thereof and each shareholder owning
30 percent or more of the voting stock of such corporation.
    Subd. 2a.[Repealed, 1988 c 550 s 20]
    Subd. 3. Application of Administrative Procedure Act. The board shall comply with the
provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any license or
registration issued under this chapter.
    Subd. 4. Reinstatement. Any license or registration which has been suspended or revoked
may be reinstated by the board provided the holder thereof shall pay all costs of the proceedings
resulting in the suspension or revocation, and, in addition thereto, pay a fee set by the board.
    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding $10,000 for
each separate violation, the amount of the civil penalty to be fixed so as to deprive a licensee or
registrant of any economic advantage gained by reason of the violation, to discourage similar
violations by the licensee or registrant or any other licensee or registrant, or to reimburse the
board for the cost of the investigation and proceeding, including, but not limited to, fees paid
for services provided by the Office of Administrative Hearings, legal and investigative services
provided by the Office of the Attorney General, court reporters, witnesses, reproduction of
records, board members' per diem compensation, board staff time, and travel costs and expenses
incurred by board staff and board members.
History: (5808-6) 1937 c 354 s 6; 1941 c 78 s 1; 1955 c 847 s 16; 1969 c 933 s 8; 1973 c
722 s 2; 1975 c 136 s 30; 1976 c 222 s 81,82; 1982 c 424 s 130; 1985 c 248 s 70; 1988 c 550 s
7; 1990 c 526 s 3; 1990 c 568 art 2 s 18; 1992 c 513 art 7 s 10,11; 1992 c 577 s 5; 1997 c
132 s 2; 2003 c 66 s 8