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Sec. 6. Minnesota Statutes 2006, section 152.11, is amended by adding a subdivision to 366.34read: Subd. 2d. Identification requirement for schedule II or III controlled substance. No person may dispense a controlled substance included in schedule II or III without 367.3requiring the person purchasing the controlled substance, who need not be the person for 367.4whom the controlled substance prescription is written, to present valid photographic 367.5identification, unless the person purchasing the controlled substance, or if applicable the 367.6person for whom the controlled substance prescription is written, is known to the dispenser. 367.1 367.2 Sec. 7. [152.126] SCHEDULE II AND III CONTROLLED SUBSTANCES 367.8PRESCRIPTION ELECTRONIC REPORTING SYSTEM. 367.9 Subdivision 1. Definitions. For purposes of this section, the terms defined in this 367.10subdivision have the meanings given. 367.11 (a) "Board" means the Minnesota State Board of Pharmacy established under 367.12chapter 151. 367.13 (b) "Controlled substances" means those substances listed in section 152.02, 367.14subdivisions 3 and 4, and those substances defined by the board pursuant to section 367.15152.02, subdivisions 7, 8, and 12. 367.16 (c) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 367.1730. Dispensing does not include the direct administering of a controlled substance to a 367.18patient by a licensed health care professional. 367.19 (d) "Dispenser" means a person authorized by law to dispense a controlled substance, 367.20pursuant to a valid prescription. A dispenser does not include a licensed hospital pharmacy 367.21that distributes controlled substances for inpatient hospital care. 367.22 (e) "Prescriber" means a licensed health care professional who is authorized to 367.23prescribe a controlled substance under section 152.12, subdivision 1. 367.24 (f) "Prescription" has the meaning given in section 151.01, subdivision 16. 367.25 Subd. 2. Prescription electronic reporting system. (a) The board shall establish 367.26by January 1, 2009, an electronic system for reporting the information required under 367.27subdivision 4 for all controlled substances dispensed within the state. Data for controlled 367.28substance prescriptions that are dispensed in a quantity small enough to provide treatment 367.29to a patient for a period of 48 hours or less need not be reported. 367.30 (b) The board may contract with a vendor for the purpose of obtaining technical 367.31assistance in the design, implementation, and maintenance of the electronic reporting 367.32system. The vendor's role shall be limited to providing technical support to the board 367.33concerning the software, databases, and computer systems required to interface with the 367.34existing systems currently used by pharmacies to dispense prescriptions and transmit 367.35prescription data to other third parties. 368.1 Subd. 3. Prescription Electronic Reporting Advisory Committee. (a) The 368.2board shall convene an advisory committee. The committee must include at least one 368.3representative of: 368.4 (1) the Department of Health; 368.5 (2) the Department of Human Services; 368.6 (3) each health-related licensing board that licenses prescribers; 368.7 (4) a professional medical association, which may include an association of pain 368.8management and chemical dependency specialists; 368.9 (5) a professional pharmacy association; 368.10 (6) a consumer privacy or security advocate; and 368.11 (7) a consumer or patient rights organization. 368.12 (b) The advisory committee shall advise the board on the development and operation 368.13of the electronic reporting system, including, but not limited to: 367.7 (1) technical standards for electronic prescription drug reporting; (2) proper analysis and interpretation of prescription monitoring data; and 368.16 (3) an evaluation process for the program. 368.17 (c) The Board of Pharmacy, after consultation with the advisory committee, shall 368.18present recommendations and draft legislation on the issues addressed by the advisory 368.19committee under paragraph (b), to the legislature by December 15, 2007. 368.20 Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the 368.21following data to the board or its designated vendor, subject to the notice required under 368.22paragraph (d): 368.23 (1) name of the prescriber; 368.24 (2) national provider identifier of the prescriber; 368.25 (3) name of the dispenser; 368.26 (4) national provider identifier of the dispenser; 368.27 (5) name of the patient for whom the prescription was written; 368.28 (6) date of birth of the patient for whom the prescription was written; 368.29 (7) date the prescription was written; 368.30 (8) date the prescription was filled; 368.31 (9) name and strength of the controlled substance; 368.32 (10) quantity of controlled substance prescribed; and 368.33 (11) quantity of controlled substance dispensed. 368.34 (b) The dispenser must submit the required information by a procedure and in a 368.35format established by the board. 369.1 (c) A dispenser is not required to submit this data for those controlled substance 369.2prescriptions dispensed for: 369.3 (1) individuals residing in licensed skilled nursing or intermediate care facilities; 369.4 (2) individuals receiving assisted living services under chapter 144G or through a 369.5medical assistance home and community-based waiver; 369.6 (3) individuals receiving medication intravenously; 369.7 (4) individuals receiving hospice and other palliative or end-of-life care; and 369.8 (5) individuals receiving services from a home care provider regulated under chapter 369.9144A. 369.10 (d) A dispenser must not submit data under this subdivision unless a conspicuous 369.11notice of the reporting requirements of this section is given to the patient for whom the 369.12prescription was written. 369.13 Subd. 5. Use of data by board. (a) The board shall develop and maintain a database 369.14of the data reported under subdivision 4. The board shall maintain data that could identify 369.15an individual prescriber or dispenser in encrypted form. The database may be used by 369.16permissible users identified under subdivision 6 for the identification of: 369.17 (1) individuals receiving prescriptions for controlled substances from prescribers 369.18who subsequently obtain controlled substances from dispensers in quantities or with 369.19a frequency inconsistent with standards accepted by national and international pain 369.20management associations of dosage for those controlled substances; and 369.21 (2) individuals presenting forged or otherwise false or altered prescriptions for 369.22controlled substances to dispensers. 369.23 (b) No permissible user identified under subdivision 6 may access the database 369.24for the sole purpose of identifying prescribers of controlled substances for unusual or 369.25excessive prescribing patterns without a valid search warrant or court order. 369.26 (c) No personnel of a state or federal occupational licensing board or agency may 369.27access the database for the purpose of obtaining information to be used to initiate or 369.28substantiate a disciplinary action against a prescriber. 369.29 (d) Data reported under subdivision 4 shall be retained by the board in the database 368.14 368.15 369.30for a 12-month period, and shall be removed from the database 12 months from the date data was received. 369.32 Subd. 6. Access to reporting system data. (a) Except as indicated in this 369.33subdivision, the data submitted to the board under subdivision 4 is private data on 369.34individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure. 369.35 (b) Except as specified in subdivision 5, the following persons shall be considered 369.36permissible users and may access the data submitted under subdivision 4 in the same or 370.1similar manner, and for the same or similar purposes, as those persons who are authorized 370.2to access similar private data on individuals under federal and state law: 370.3 (1) a prescriber, to the extent the information relates specifically to a current patient 370.4of the prescriber, to whom the practitioner is prescribing or considering prescribing any 370.5controlled substance; 370.6 (2) a dispenser, to the extent the information relates specifically to a current patient 370.7to whom that dispenser is dispensing or considering dispensing any controlled substance; 370.8 (3) an individual who is the recipient of a controlled substance prescription for 370.9which data was submitted under subdivision 4, or a guardian of the individual, parent or 370.10guardian of a minor, or health care agent of the individual acting under a health care 370.11directive under chapter 145C; 370.12 (4) personnel of the board specifically assigned to conduct a bona fide investigation 370.13of a specific licensee; 370.14 (5) personnel of the board engaged in the collection of controlled substance 370.15prescription information as part of the assigned duties and responsibilities under this 370.16section; 370.17 (6) authorized personnel of a vendor under contract with the board who are engaged 370.18in the design, implementation, and maintenance of the electronic reporting system as part 370.19of the assigned duties and responsibilities of their employment, provided that access to data 370.20is limited to the minimum amount necessary to test and maintain the system databases; 370.21 (7) federal, state, and local law enforcement authorities acting pursuant to a valid 370.22search warrant; and 370.23 (8) personnel of the medical assistance program assigned to use the data collected 370.24under this section to identify recipients whose usage of controlled substances may warrant 370.25restriction to a single primary care physician, a single outpatient pharmacy, or a single 370.26hospital. 370.27 For purposes of clause (3), access by an individual includes persons in the definition 370.28of an individual under section 13.02. 370.29 (c) Any permissible user identified in paragraph (b), who directly accesses 370.30the data electronically, shall implement and maintain a comprehensive information 370.31security program that contains administrative, technical, and physical safeguards that 370.32are appropriate to the user's size and complexity, and the sensitivity of the personal 370.33information obtained. The permissible user shall identify reasonably foreseeable internal 370.34and external risks to the security, confidentiality, and integrity of personal information 370.35that could result in the unauthorized disclosure, misuse, or other compromise of the 370.36information and assess the sufficiency of any safeguards in place to control the risks. 371.1 (d) The board shall not release data submitted under this section unless it is provided 371.2with evidence, satisfactory to the board, that the person requesting the information is 371.3entitled to receive the data. 371.4 (e) The board shall not release the name of a prescriber without the written consent 371.5of the prescriber or a valid search warrant or court order. The board shall provide a 371.6mechanism for a prescriber to submit to the board a signed consent authorizing the release 371.7of the prescriber's name when data containing the prescriber's name is requested. 371.8 (f) The board shall maintain a log of all persons who access the data and shall ensure 369.31the 371.9that any permissible user complies with paragraph (c) prior to attaining direct access to data. 371.11 Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to 371.12the board as required under this section is subject to disciplinary action by the appropriate 371.13health-related licensing board. 371.14 (b) A prescriber or dispenser authorized to access the data who knowingly discloses 371.15the data in violation of state or federal laws relating to the privacy of health care data 371.16shall be subject to disciplinary action by the appropriate health-related licensing board, 371.17and appropriate civil penalties. 371.18 Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription 371.19electronic reporting system to determine if the system is cost-effective and whether it is 371.20negatively impacting appropriate prescribing practices of controlled substances. The 371.21board may contract with a vendor to design and conduct the evaluation. 371.22 (b) The board shall submit the evaluation of the system to the legislature by January 371.2315, 2010. 371.24 Subd. 9. Immunity from liability; no requirement to obtain information. (a) A 371.25pharmacist, prescriber, or other dispenser making a report to the program in good faith 371.26under this section is immune from any civil, criminal, or administrative liability, which 371.27might otherwise be incurred or imposed as a result of the report, or on the basis that the 371.28pharmacist or prescriber did or did not seek or obtain or use information from the program. 371.29 (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser 371.30to obtain information about a patient from the program, and the pharmacist, prescriber, 371.31or other dispenser, if acting in good faith, is immune from any civil, criminal, or 371.32administrative liability that might otherwise be incurred or imposed for requesting, 371.33receiving, or using information from the program. 371.34EFFECTIVE DATE.This section is effective July 1, 2007, or upon receiving 371.35sufficient nonstate funds to implement the prescription electronic reporting program, 371.36whichever is later. In the event that nonstate funds are not secured by the Board of 372.1Pharmacy to adequately fund the implementation of the prescription electronic reporting 372.2program, the board is not required to implement this section without a subsequent 372.3appropriation from the legislature. 371.10the Sec. 8. Minnesota Statutes 2006, section 152.11, is amended by adding a subdivision to 391.15read: 391.16 Subd. 2d. Identification requirement for schedule II or III controlled substance. 391.17 (a) No person may dispense a controlled substance included in schedule II or III without 391.18requiring the person purchasing the controlled substance, who need not be the person for 391.19whom the controlled substance prescription is written, to present valid photographic 391.20identification, unless the person purchasing the controlled substance, or if applicable the 391.21person for whom the controlled substance prescription is written, is known to the dispenser. 391.22 (b) This subdivision applies only to purchases of controlled substances that are not 391.23covered, in whole or in part, by a health plan company or other third-party payor. The 391.24Board of Pharmacy shall report to the legislature by July 1, 2009, on the effect of this 391.25subdivision. The board shall include in the report the incidence of complaints, if any, 391.26generated by the requirements of this subdivision and whether this subdivision is creating 391.27barriers to pharmaceutical access. 393.17 Sec. 11. [256B.0636] CONTROLLED SUBSTANCE PRESCRIPTIONS; ABUSE 393.18PREVENTION. The commissioner of human services shall develop and implement a plan to: (1) review utilization patterns of Minnesota health care program enrollees for 393.21controlled substances listed in section 152.02, subdivisions 3 and 4, and those substances 393.22defined by the Board of Pharmacy under section 152.02, subdivisions 8 and 12; 393.23 (2) develop a mechanism to address abuses both for fee-for-service Minnesota health 393.24care program enrollees and those enrolled in managed care plans; and 393.25 (3) provide education to Minnesota health care program enrollees on the proper use 393.26of controlled substances. 393.27 For purposes of this section, "Minnesota health care program" means medical 393.28assistance, MinnesotaCare, or general assistance medical care. 393.19 393.20