Bill Text: MN SF2128 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Electronic prescribing of controlled substances authorization
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-19 - HF substituted on General Orders HF2532 [SF2128 Detail]
Download: Minnesota-2011-SF2128-Introduced.html
1.2relating to health; allowing the electronic prescribing of controlled substances;
1.3amending Minnesota Statutes 2010, section 152.11.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 152.11, is amended to read:
1.6152.11WRITTEN OR ORAL PRESCRIPTIONS, REQUISITES.
1.7 Subdivision 1.Written General prescription requirement requirements for
1.8Schedule II controlled substances. (a) A written prescription or an oral prescription
1.9reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
1.10is void unless (1) it is written in ink and contains the name and address of the person
1.11for whose use it is intended; (2) it states the amount of the controlled substance to be
1.12compounded or dispensed, with directions for its use; (3) if a written prescription, it
1.13contains the handwritten signature, address, and federal registry number of the prescriber
1.14and a designation of the branch of the healing art pursued by the prescriber; and if an oral
1.15prescription, the name and address of the prescriber and a designation of the prescriber's
1.16branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
1.17date of acceptance in the pharmacy if an oral prescription.
1.18(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
1.19is void unless it complies with the standards established pursuant to section 62J.497 and
1.20with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306 and
1.211311 that pertain to electronic prescriptions.
1.22(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
1.23transmitted by facsimile, either computer to facsimile machine or facsimile machine to
2.1facsimile machine, is void unless it complies with the applicable requirements of Code of
2.2Federal Regulations, title 21, part 1306.
2.3(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
2.4retain the original prescription in a file for a period of not less than two years, open to
2.5inspection by any officer of the state, county, or municipal government whose duty it is to
2.6aid and assist with the enforcement of this chapter. An original electronic or facsimile
2.7prescription may be stored in an electronic database, provided that the database provides a
2.8means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
2.9a period of not less than two years.
2.10(e) Every licensed pharmacy shall distinctly label the container in which a controlled
2.11substance is dispensed with the directions contained in the prescription for the use of
2.12that controlled substance.
2.13 Subd. 1a. Prescription requirements for Schedule II controlled substances. No
2.14person may dispense a controlled substance included in Schedule II of section152.02
2.15without a prescriptionwritten issued by a doctor of medicine, a doctor of osteopathy
2.16licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
2.17doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
2.18state or by a practitioner licensed to prescribe controlled substances by the state in which
2.19the prescription is issued, and having a current federal Drug Enforcement Administration
2.20registration number. The prescription must either be printed or written in ink and contain
2.21the handwritten signature of the prescriber or be transmitted electronically or by facsimile
2.22as permitted under subdivision 1. Provided that in emergency situations, as authorized
2.23by federal law, such drug may be dispensed upon oral prescription reduced promptly to
2.24writing and filed by the pharmacist. Such prescriptions shall be retained in conformity
2.25with section152.101 . No prescription for a Schedule II substance may be refilled.
2.26For the purposes of this chapter, a written prescription or oral prescription, which
2.27shall be reduced to writing, for a controlled substance in Schedule II, III, IV or V is void
2.28unless (1) it is written in ink and contains the name and address of the person for whose
2.29use it is intended; (2) it states the amount of the controlled substance to be compounded or
2.30dispensed, with directions for its use; (3) if a written prescription, it contains the signature,
2.31address and federal registry number of the prescriber and a designation of the branch of
2.32the healing art pursued by the prescriber; and if an oral prescription, the name and address
2.33of the prescriber and a designation of the prescriber's branch of the healing art; and (4) it
2.34shows the date when signed by the prescriber, or the date of acceptance in the pharmacy if
2.35an oral prescription. Every licensed pharmacist who compounds any such prescription
2.36shall retain such prescription in a file for a period of not less than two years, open to
3.1inspection by any officer of the state, county, or municipal government, whose duty it is to
3.2aid and assist with the enforcement of this chapter. Every such pharmacist shall distinctly
3.3label the container with the directions contained in the prescription for the use thereof.
3.4 Subd. 2.Written or oral Prescription requirement requirements for Schedule
3.5III or IV controlled substances. No person may dispense a controlled substance included
3.6in Schedule III or IV of section152.02 without a written or oral prescription from issued,
3.7as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
3.8to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
3.9podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
3.10lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
3.11controlled substances by the state in which the prescription is issued, and having a current
3.12federal drug enforcement administration registration number. Such prescription may not
3.13be dispensed or refilled except with thewritten or verbal documented consent of the
3.14prescriber, and in no event more than six months after the date on which such prescription
3.15was issued and no such prescription may be refilled more than five times.
3.16 Subd. 2a. Federal registration number exemption. A prescription need not
3.17bear a federal drug enforcement administration registration number that authorizes the
3.18prescriber to prescribe controlled substances if the drug prescribed is not a controlled
3.19substance in Schedule II, III, IV, or V. No person shall impose a requirement inconsistent
3.20with this subdivision.
3.21 Subd. 2b. Restriction on release of federal registration number. No person or
3.22entity may offer for sale, sell, lease, or otherwise release a federal drug enforcement
3.23administration registration number for any reason, except for drug enforcement purposes
3.24authorized by this chapter and the federal controlled substances registration system. For
3.25purposes of this section, an entity includes a state governmental agency or regulatory
3.26board, a health plan company as defined under section62Q.01, subdivision 4 , a managed
3.27care organization as defined under section62Q.01, subdivision 5 , or any other entity
3.28that maintains prescription data.
3.29 Subd. 2c. Restriction on use of federal registration number. No entity may use a
3.30federal drug enforcement administration registration number to identify or monitor the
3.31prescribing practices of a prescriber to whom that number has been assigned, except for
3.32drug enforcement purposes authorized by this chapter and the federal controlled substances
3.33registration system. For purposes of this section, an entity includes a health plan company
3.34as defined under section62Q.01, subdivision 4 , a managed care organization as defined
3.35under section62Q.01, subdivision 5 , or any other entity that maintains prescription data.
4.1 Subd. 2d. Identification requirement for Schedule II or III controlled substance
4.2prescriptions. (a) No person may dispense a controlled substance included in Schedule
4.3II or III without requiring the person purchasing the controlled substance, who need
4.4not be the person for whom the controlled substance prescription is written, to present
4.5valid photographic identification, unless the person purchasing the controlled substance,
4.6or if applicable the person for whom the controlled substance prescription is written, is
4.7known to the dispenser.
4.8 (b) This subdivision applies only to purchases of controlled substances that are
4.9not covered, in whole or in part, by a health plan company or other third-party payor.
4.10The Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of
4.11this subdivision. The board shall include in the report the incidence of complaints, if any,
4.12generated by the requirements of this subdivision and whether this subdivision is creating
4.13barriers to pharmaceutical access.
4.14 Subd. 3. Dispensing orphan drugs. For the purpose ofsubdivisions 1 and 2 this
4.15section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
4.16practicing in and licensed by another state as a physician, dentist, veterinarian, or
4.17podiatrist; who has a current federal drug enforcement administration registration number;
4.18and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.
1.3amending Minnesota Statutes 2010, section 152.11.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 152.11, is amended to read:
1.6152.11
1.7 Subdivision 1.
1.8
1.9reduced to writing, when issued for a controlled substance in Schedule II, III, IV, or V,
1.10is void unless (1) it is written in ink and contains the name and address of the person
1.11for whose use it is intended; (2) it states the amount of the controlled substance to be
1.12compounded or dispensed, with directions for its use; (3) if a written prescription, it
1.13contains the handwritten signature, address, and federal registry number of the prescriber
1.14and a designation of the branch of the healing art pursued by the prescriber; and if an oral
1.15prescription, the name and address of the prescriber and a designation of the prescriber's
1.16branch of the healing art; and (4) it shows the date when signed by the prescriber, or the
1.17date of acceptance in the pharmacy if an oral prescription.
1.18(b) An electronic prescription for a controlled substance in Schedule II, III, IV, or V
1.19is void unless it complies with the standards established pursuant to section 62J.497 and
1.20with those portions of Code of Federal Regulations, title 21, parts 1300, 1304, 1306 and
1.211311 that pertain to electronic prescriptions.
1.22(c) A prescription for a controlled substance in Schedule II, III, IV, or V that is
1.23transmitted by facsimile, either computer to facsimile machine or facsimile machine to
2.1facsimile machine, is void unless it complies with the applicable requirements of Code of
2.2Federal Regulations, title 21, part 1306.
2.3(d) Every licensed pharmacy that dispenses a controlled substance prescription shall
2.4retain the original prescription in a file for a period of not less than two years, open to
2.5inspection by any officer of the state, county, or municipal government whose duty it is to
2.6aid and assist with the enforcement of this chapter. An original electronic or facsimile
2.7prescription may be stored in an electronic database, provided that the database provides a
2.8means by which original prescriptions can be retrieved, as transmitted to the pharmacy, for
2.9a period of not less than two years.
2.10(e) Every licensed pharmacy shall distinctly label the container in which a controlled
2.11substance is dispensed with the directions contained in the prescription for the use of
2.12that controlled substance.
2.13 Subd. 1a. Prescription requirements for Schedule II controlled substances. No
2.14person may dispense a controlled substance included in Schedule II of section
2.15without a prescription
2.16licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
2.17doctor of podiatry, or a doctor of veterinary medicine, lawfully licensed to prescribe in this
2.18state or by a practitioner licensed to prescribe controlled substances by the state in which
2.19the prescription is issued, and having a current federal Drug Enforcement Administration
2.20registration number. The prescription must either be printed or written in ink and contain
2.21the handwritten signature of the prescriber or be transmitted electronically or by facsimile
2.22as permitted under subdivision 1. Provided that in emergency situations, as authorized
2.23by federal law, such drug may be dispensed upon oral prescription reduced promptly to
2.24writing and filed by the pharmacist. Such prescriptions shall be retained in conformity
2.25with section
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
2.35
2.36
3.1
3.2
3.3
3.4 Subd. 2.
3.5III or IV controlled substances. No person may dispense a controlled substance included
3.6in Schedule III or IV of section
3.7as permitted under subdivision 1, by a doctor of medicine, a doctor of osteopathy licensed
3.8to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a doctor of
3.9podiatry, a doctor of optometry limited to Schedule IV, or a doctor of veterinary medicine,
3.10lawfully licensed to prescribe in this state or from a practitioner licensed to prescribe
3.11controlled substances by the state in which the prescription is issued, and having a current
3.12federal drug enforcement administration registration number. Such prescription may not
3.13be dispensed or refilled except with the
3.14prescriber, and in no event more than six months after the date on which such prescription
3.15was issued and no such prescription may be refilled more than five times.
3.16 Subd. 2a. Federal registration number exemption. A prescription need not
3.17bear a federal drug enforcement administration registration number that authorizes the
3.18prescriber to prescribe controlled substances if the drug prescribed is not a controlled
3.19substance in Schedule II, III, IV, or V. No person shall impose a requirement inconsistent
3.20with this subdivision.
3.21 Subd. 2b. Restriction on release of federal registration number. No person or
3.22entity may offer for sale, sell, lease, or otherwise release a federal drug enforcement
3.23administration registration number for any reason, except for drug enforcement purposes
3.24authorized by this chapter and the federal controlled substances registration system. For
3.25purposes of this section, an entity includes a state governmental agency or regulatory
3.26board, a health plan company as defined under section
3.27care organization as defined under section
3.28that maintains prescription data.
3.29 Subd. 2c. Restriction on use of federal registration number. No entity may use a
3.30federal drug enforcement administration registration number to identify or monitor the
3.31prescribing practices of a prescriber to whom that number has been assigned, except for
3.32drug enforcement purposes authorized by this chapter and the federal controlled substances
3.33registration system. For purposes of this section, an entity includes a health plan company
3.34as defined under section
3.35under section
4.1 Subd. 2d. Identification requirement for Schedule II or III controlled substance
4.2prescriptions. (a) No person may dispense a controlled substance included in Schedule
4.3II or III without requiring the person purchasing the controlled substance, who need
4.4not be the person for whom the controlled substance prescription is written, to present
4.5valid photographic identification, unless the person purchasing the controlled substance,
4.6or if applicable the person for whom the controlled substance prescription is written, is
4.7known to the dispenser.
4.8 (b) This subdivision applies only to purchases of controlled substances that are
4.9not covered, in whole or in part, by a health plan company or other third-party payor.
4.10
4.11
4.12
4.13
4.14 Subd. 3. Dispensing orphan drugs. For the purpose of
4.15section, nothing shall prohibit the dispensing of orphan drugs prescribed by a person
4.16practicing in and licensed by another state as a physician, dentist, veterinarian, or
4.17podiatrist; who has a current federal drug enforcement administration registration number;
4.18and who may legally prescribe Schedule II, III, IV, or V controlled substances in that state.
