Minnesota Board of Pharmacy - Minnesota State Legislature

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Food, Drug and Cosmetic Act 21 USC Section 353, the part of the Food, Drug and Cosmetic Act (FDCA) that distinguishes between prescription and non-prescription drugs, states in part (and with emphasis added): “(b)(1) A drug intended for use by man which— (A) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (B) is limited by an approved application under section 505 to use under the professional supervision of a practitioner licensed by law to administer such drug; shall be dispensed only (i) upon a written prescription of a practitioner licensed by law to administer such drug, or (ii) upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist, . . . The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in the drug being misbranded while held for sale”. Unless a practitioner is licensed by law, it is illegal under this section of the FDCA for a prescription drug to be dispensed to any person. If the boards that license physicians, physician assistants, advance nurse practitioners, dentists, podiatrists and optometrists were abolished and if the state no longer licensed those practitioners, Minnesotans would not have legal access to prescription drugs (unless they were prescribed by practitioners licensed in other states or the federal government somehow waived this legal requirement). While this language does not include the word “licensed” before the word “pharmacist”, all states licensed pharmacists when this language was passed in 1952. It is a fairly safe assumption that Congressional intent was for licensed pharmacists to fill the prescriptions written by licensed practitioners. Other sections of the FDCA do specify that pharmacists must be licensed in order to perform certain activities such as compounding. (See 21 USC Section 353a). 21 USC Section 353 also contains the Prescription Drug Marketing Act provisions of the FDCA which were signed into law by President Ronald Reagan in 1988. One portion of this section reads (emphasis added): “No person may engage in the wholesale distribution in interstate commerce of drugs subject to subsection (b) in a State unless such person is licensed by the State in accordance with the guidelines issued under subparagraph (B)”. In Minnesota, as in many states, the Board of Pharmacy licenses drug wholesalers. Consequently, if the Board was abolished and if the state stopped licensing drug wholesalers, those wholesalers could not operate within Minnesota. Again, Minnesotans would have difficulty accessing needed prescription drugs. 39
Controlled Substances Act Relevant provisions of the regulations promulgated by the U.S. Drug Enforcement Administration under authority of the federal Controlled Substances Act include (with emphasis added): • 21 CFR Section 1306.03: Section 1306.03 Persons entitled to issue prescriptions. (a) A prescription for a controlled substance may be issued only by an individual practitioner who is: (1) authorized to prescribe controlled substances by the jurisdiction in which he is licensed to practice his profession and (2) either registered or exempted from registration pursuant to Secs. 1301.22(c) and 1301.23 of this chapter. Unless a practitioner is licensed and also authorized to practice a profession, prescriptions for controlled substances (like opioid pain relievers) can’t be issued. If the agencies that license physicians, physician assistants, advance nurse practitioners, dentists, podiatrists and optometrists were abolished and if the state no longer licensed those practitioners, Minnesotans would not have legal access to controlled substances (unless they were prescribed by practitioners licensed in other states of the federal government somehow granted a waiver to this regulation). • 21 CFR Section 1306.06 and 21 CFR Section 1300.01(b)(33): Section 1306.06 Persons entitled to fill prescriptions. A prescription for a controlled substance may only be filled by a pharmacist, acting in the usual course of his professional practice and either registered individually or employed in a registered pharmacy, a registered central fill pharmacy, or registered institutional practitioner. Section 1300.01(b)(33) (33) The term pharmacist means any pharmacist licensed by a State to dispense controlled substances, and shall include any other person (e.g., pharmacist intern) authorized by a State to dispense controlled substances under the supervision of a pharmacist licensed by such State. If the Board of Pharmacy was abolished and if the state no longer licensed pharmacists, controlled substance prescriptions could not be legally dispensed by pharmacies located within the Minnesota. 40
Page 1 and 2: MINNESOTA BOARD OF PHARMACY Report
Page 3 and 4: EXECUTIVE SUMMARY The Minnesota Boa
Page 5 and 6: practice by the pharmacist would cr
Page 7 and 8: licensing. Similarly, most states t
Page 9 and 10: There are two primary reasons why i
Page 11 and 12: and Ms. Laura Schwartzwald serves a
Page 13 and 14: Standard Setting Minnesota Statutes
Page 15 and 16: processing and complaint investigat
Page 17 and 18: o Pharmacist “conscience clause
Page 19 and 20: Additionally, through the PMP, indi
Page 21 and 22: surveyors and the Board’s Executi
Page 23 and 24: APPLICATION TO THE BOARD OF THE CRI
Page 25 and 26: expertise in accounting and financi
Page 27 and 28: Pharmacy Education. Thus, while the
Page 29 and 30: Minnesota Statutes §151.06, subd.
Page 31 and 32: Minnesota Statutes §§214.10 and 2
Page 33 and 34: qualified to carry out the duties o
Page 35 and 36: “In the 1990s, there have been tw
Page 37 and 38: technician registration that were r
Page 39: Extent to which the agency complies
Page 43 and 44: CFR 445.412, “Verification of pro
Page 45 and 46: complaint investigation and discipl
Page 47 and 48: Governor Mark Dayton Rick Bostrom H
Page 49 and 50: Minnesota Board of Pharmacy APPENDI
Page 51 and 52: APPENDIX E A List of All Advisory C
Page 53 and 54: APPENDIX G A Copy or Link to any ot
Page 55 and 56: APPENDIX I Historical Data Concerni
Page 57: June-04 January-08 BETTY JOHNSON Ju

Minnesota Board of Pharmacy - Minnesota State Legislature

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