Subdivision 1. Location. It shall be unlawful for any person to compound or dispense drugs in any place other than a pharmacy, except as provided in this chapter; except that a licensed pharmacist or pharmacist intern working within a licensed hospital may receive a prescription drug order and access the hospital's pharmacy prescription processing system through secure and encrypted electronic means in order to process the prescription drug order.
Subd. 2. Proprietors of pharmacies. No proprietor of a pharmacy shall permit the compounding or dispensing of prescriptions except by a pharmacist or by a pharmacist intern under the personal supervision of a pharmacist; or the vending or selling of drugs, medicines, chemicals, or poisons in the proprietor's pharmacy except under the personal supervision of a pharmacist.
Subd. 3. Unlicensed persons; veterinary legend drugs. It shall be unlawful for any person other than a licensed veterinarian or pharmacist to compound or dispense veterinary legend drugs except as provided in this chapter.
Subd. 4. Unlicensed persons; legend drugs. It shall be unlawful for any person other than a licensed practitioner or pharmacist to compound or dispense legend drugs except as provided in this chapter.
Subd. 5. Receipt of emergency prescription orders. A pharmacist, when that pharmacist is not present within a licensed pharmacy, may accept a written, verbal, or electronic prescription drug order from a practitioner only if:
(1) the prescription drug order is for an emergency situation where waiting for the pharmacist to travel to a licensed pharmacy to accept the prescription drug order would likely cause the patient to experience significant physical harm or discomfort;
(2) the pharmacy from which the prescription drug order will be dispensed is closed for business;
(3) the pharmacist has been designated to be on call for the licensed pharmacy that will fill the prescription drug order;
(4) electronic prescription drug orders are received through secure and encrypted electronic means;
(5) the pharmacist takes reasonable precautions to ensure that the prescription drug order will be handled in a manner consistent with federal and state statutes regarding the handling of protected health information; and
(6) the pharmacy from which the prescription drug order will be dispensed has relevant and appropriate policies and procedures in place and makes them available to the board upon request.
Subd. 6. Processing emergency prescription orders. A pharmacist, when that pharmacist is not present within a licensed pharmacy, may access a pharmacy prescription processing system through secure and encrypted electronic means in order to process an emergency prescription accepted pursuant to subdivision 5 only if:
(1) the pharmacy from which the prescription drug order will be dispensed is closed for business;
(2) the pharmacist has been designated to be on call for the licensed pharmacy that will fill the prescription drug order;
(3) the prescription drug order is for a patient of a long-term care facility or a county correctional facility;
(4) the prescription drug order is not being processed pursuant to section 151.58;
(5) the prescription drug order is processed pursuant to this chapter and the rules promulgated thereunder; and
(6) the pharmacy from which the prescription drug order will be dispensed has relevant and appropriate policies and procedures in place and makes them available to the board upon request.
(5808-16) 1937 c 354 s 16; 1967 c 377 s 3; 1986 c 444; 1988 c 550 s 10; 1990 c 526 s 4; 1991 c 213 s 2; 1994 c 632 art 2 s 37; 1Sp2019 c 9 art 10 s 31-33
Structure Minnesota Statutes
Chapter 151 — Pharmacy Practice And Wholesale Distribution Act
Section 151.02 — State Board Of Pharmacy.
Section 151.04 — Recommended Names.
Section 151.05 — Election Of Officers.
Section 151.06 — Powers And Duties.
Section 151.061 — Unfair Price Discrimination.
Section 151.065 — Fee Amounts.
Section 151.066 — Opiate Product Registration Fee.
Section 151.07 — Meetings; Examination Fee.
Section 151.071 — Disciplinary Action.
Section 151.072 — Reporting Obligations.
Section 151.074 — Licensee Or Registrant Cooperation.
Section 151.075 — Disciplinary Record On Judicial Review.
Section 151.095 — Inactive Status License.
Section 151.10 — Qualifications Of Applicants.
Section 151.102 — Pharmacy Technician.
Section 151.12 — Reciprocity; Licensure.
Section 151.13 — Renewal Fee; Continuing Education.
Section 151.14 — Reinstatements.
Section 151.15 — Compounding Drugs Unlawful Under Certain Conditions.
Section 151.16 — Violation A Gross Misdemeanor.
Section 151.17 — Unlawful Use Of "pharmacist."
Section 151.18 — Unlawful To Use Misleading Name.
Section 151.19 — Registration; Fees.
Section 151.191 — Licensing Medical Gas Facilities; Fees; Prohibitions.
Section 151.21 — Substitution.
Section 151.211 — Records Of Prescriptions.
Section 151.212 — Label Of Prescription Drug Containers.
Section 151.213 — Copies Of Prescriptions.
Section 151.214 — Payment Disclosure.
Section 151.215 — Certification.
Section 151.22 — Liability For Quality Of Drugs.
Section 151.23 — Poisons Must Be Labeled.
Section 151.24 — Sale Of Poisons Must Be Recorded.
Section 151.252 — Licensing Of Drug Manufacturers; Fees; Prohibitions.
Section 151.253 — Compounding.
Section 151.29 — Violation A Misdemeanor.
Section 151.30 — County Attorney To Prosecute.
Section 151.301 — Reports To Commissioner Of Health.
Section 151.33 — Careless Distribution Of Drugs.
Section 151.335 — Delivery Through Common Carrier; Compliance With Temperature Requirements.
Section 151.34 — Prohibited Acts.
Section 151.35 — Drugs, Adulteration.
Section 151.36 — Drugs, Misbranding.
Section 151.361 — Manufacturer Disclosure.
Section 151.37 — Legend Drugs; Who May Prescribe, Possess.
Section 151.375 — Investigational Drug Use.
Section 151.39 — Distressed Drugs.
Section 151.40 — Possession And Sale Of Hypodermic Syringes And Needles.
Section 151.415 — Long-term Care Resident Access To Pharmaceuticals Act.
Section 151.441 — Definitions.
Section 151.46 — Prohibited Drug Purchases Or Receipt.
Section 151.461 — Gifts To Practitioners Prohibited.
Section 151.47 — Wholesale Drug Distributor Licensing Requirements.
Section 151.471 — Third-party Logistics Provider Requirements.
Section 151.555 — Prescription Drug Repository Program.
Section 151.56 — County Return Of Unused Drugs Or Medical Devices.
Section 151.58 — Automated Drug Distribution Systems.