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S.F. No. 1440 - Minnesota Prescription Monitoring Program (First Engrossment)
Author: Senator Julie A. Rosen
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: March 17, 2015


SF 1440 makes a number of modifications to the prescription monitoring program.

Section 1 (152.126, subd. 1) amends the definition of “controlled substances” by removing tramadol and including gabapentin.

Section 2 (152.126, subd. 3) makes a technical change to clarify that the Prescription Monitoring Program Task Force does not expire.

Section 3 (152.126, subd. 5) specifies that an occupational licensing board or agency may access the database to substantiate a disciplinary action against a prescriber.  (Continues to prohibit access to initiate a disciplinary action).  Removes the requirement that data retained beyond 24 months must be de-identified.

Section 4 (152.126, subd. 6) modifies who has access to the reporting system database.

Paragraph (b), clause (1), modification permits a prescriber access to the database to the extent the information relates specifically to a current patient to whom the prescriber is providing other medical treatment for which access to the data may be necessary and with the provision that the prescriber remains responsible for the use or misuse of data accessed by a delegated agent or employee. (Removes the requirement that the patient must consent before the prescriber has access under this circumstance)

Clause (3) modification permits access to a licensed pharmacist who is providing pharmaceutical care for which access to the data is necessary or when consulted by a prescriber who is requesting data in accordance with clause (1).

Clause (5) modification permits personnel or designees of a health-related licensing board or the Emergency Medical Services Regulatory Board conducting an investigation of a complaint alleging that a specific licensee is impaired by the use of a drug for which data is collected in the database, has engaged in activity that would constitute a crime as defined under section 152.025, or has engaged in the behavior specified in subdivision 5, paragraph (a).

Clause (12) is a new clause permitting personnel or designees of a health-related licensing board conducting an investigation of a complaint alleging that a specific licensee is inappropriately prescribing controlled substances.

Paragraph (c) requires by April 1, 2016, every prescriber who is authorized in this state to prescribe controlled substances for humans and who holds a current registration issued by the FDA, and every licensed pharmacist practicing in this state to register and maintain a user account with the prescription monitoring program.  Data submitted with the registration application other than their name, license number, and license type is classified as private data pursuant to section 13.02, subd. 12.

Paragraph (d) clarifies that only the specified permissible users may directly access the data electronically.

Section 5 repeals a conflicting expiration date for the Prescription Monitoring Program Task Force from last session.



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