151.15 COMPOUNDING DRUGS UNLAWFUL UNDER CERTAIN CONDITIONS.
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151.15 COMPOUNDING DRUGS UNLAWFUL UNDER CERTAIN CONDITIONS.
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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.
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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.
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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.
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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.
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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.
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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.