Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 2134 - Minnesota Prescription Monitoring Program (First Engrossment)
 
Author: Senator Julie A. Rosen
 
Prepared By:
 
Date: March 5, 2014



 

SF 2134 makes changes to the Minnesota Prescription Monitoring Program.

Section 1 (152.126 subd. 1) changes the name of the program to the Prescription Monitoring  Program.  Also makes the following changes to the definitions of the program:

Adds to the definition of “controlled substances” for purposes of this program, tramadol and butalbital.

Excludes a licensed pharmacy located on the same premises as a residential hospice when the pharmacy is dispensing   controlled substances to residents of the hospice. 

Adds veterinarians to the definition of “prescriber.”

Subdivision 3 gives the board the authority to convene an advisory task force changing it from a requirement.  Also adds to the task force a representative of medical examiners and coroners.  Also requires the task force to advise the board on criteria for the unsolicited provision of prescription monitoring data by the board to prescribers and dispensers, and on the annual evaluation of drugs of concern that may warrant being reported to the program.  Specifies that the task force expiration and that the compensation and removal of the members are controlled under section 15.059.

Subdivision 4 specifies that a dispenser is not required to submit the required data for controlled substance prescriptions dispensed for individuals residing in a health care facility when a drug is distributed through an automated drug distribution system and individuals receiving a drug sample that was packaged by a manufacturer and provided to the dispenser for dispensing as a professional sample.   Requires a dispenser to submit data for those prescription drugs dispensed for individuals residing in licensed skilled nursing and intermediate care facilities; individuals receiving assisted living services under chapter 144G or through a medical assistance home and community based waiver;  individuals receiving medication intravenously; individuals receiving hospice and other palliative or end of life care; and individuals receiving services from a home care provider regulated under chapter 144G.

Subdivision 5 specifies that a state or federal occupational licensing board or agency may not access the database for the purpose of obtaining information to be used to initiate or substantiate a disciplinary action against a prescriber if the disciplinary action related to allegations involving unusual or excessive prescribing of the drugs for which data is collected.  Permits the data to be used after the 12-month period by certain permissible users for the purposes of administering, operating, and maintaining the program and conducting trend analyses and other studies necessary to evaluate the effectiveness of the program.  States that the board may not retain the data reported for a period longer than 5 years from the date the data was received by the board.

Subdivision 6, paragraph (b), makes changes to who is a permissible user and may access the data by including the following:  a prescriber to the extent the data relates to a current patient to whom the prescriber is providing other medical treatment for which access to the data may be necessary; a dispenser to the extent the data relates to a current patient to whom that dispenser is providing other pharmaceutical care for which access to the data may be necessary; a licensed pharmacist who is providing pharmaceutical care for which access to the data may be necessary or when consulted by a prescriber who is requesting data; personnel of a health-related licensing board or the emergency medical services regulatory board assigned to conduct a bona fide investigation of a complaint received by that board that alleges that a licensee is impaired by use of a drug for which data is collected, has engaged in activity that would constitute a crime under section 152.025, or has engaged in the behavior specified in section 151.126, subdivision 5, paragraph (a); a coroner or medical examiner conducting an investigation; personnel of the health professionals services program to the extent the data relates to an individual who is enrolled and being monitored by the program, but cannot be provided to a health-related licensing board, except as permitted under section 214.33, subdivision 3.

Strikes paragraph (e) that specified that the board cannot release the name of a prescriber without the written consent of the prescriber.

Paragraph (f) specifies that the board is required to maintain a log of all persons who access the data for a period of at least three years.

Adds a new paragraph authorizing the board to participate in an interstate prescription monitoring program data exchange system under certain conditions.

Adds a new paragraph permitting the board to provide data for public research, policy, or education purposes, but only if information that identifies the patient, prescriber, and dispenser has been removed.

Subdivision 8 is repealed (evaluation and reporting requirement that was required to be submitted to the legislature by July 15, 2011).

Subdivision 10 adds the Board of Veterinary Medicine to the health-related licensing boards in which the administrative services unit apportions the cost to the board for operating the program.

Section 2 requires the Board of Pharmacy to study the issue of mandatory use of the prescription monitoring program data base and report to the legislature by December 15, 2014, with recommendations on whether or not to require the use of the database by prescribers when prescribing or considering to prescribe, and pharmacists when dispensing or considering dispensing a controlled substance.

KC:dv 

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/05/2014
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn