1.1 	A bill for an act
1.2 	relating to health; requiring compliance with naloxone standing orders;amending 
1.3 	Minnesota Statutes 2016, sections 151.34; 604A.04, subdivision 3.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2016, section 151.34, is amended to read:
1.6 	151.34 PROHIBITED ACTS.
1.7 	It shall be unlawful to:
1.8 	(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated or 
1.9 	misbranded;
1.10 	(2) adulterate or misbrand any drug;
1.11 	(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or 
1.12 	proffer delivery thereof for pay or otherwise;
1.13 	(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to permit 
1.14 	access to or copying of any record as authorized by this chapter;
1.15 	(5) remove or dispose of a detained or embargoed article in violation of this chapter;
1.16 	(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling 
1.17 	of, or to do any other act with respect to a drug, if such act is done while such drug is held 
1.18 	for sale and results in such drug being adulterated or misbranded;
1.19 	(7) use for a person's own advantage or to reveal other than to the board or its authorized 
1.20 	representative or to the courts when required in any judicial proceeding under this chapter 
2.1 	any information acquired under authority of this chapter concerning any method or process 
2.2 	that is a trade secret and entitled to protection;
2.3 	(8) use on the labeling of any drug any representation or suggestion that an application 
2.4 	with respect to such drug is effective under the federal act or that such drug complies with 
2.5 	such provisions;
2.6 	(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale 
2.7 	within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed 
2.8 	by applicable law to administer such drug who makes written request for information as to 
2.9 	such drug, true and correct copies of all printed matter that is required to be included in any 
2.10 	package in which that drug is distributed or sold, or such other printed matter as is approved 
2.11 	under the federal act. Nothing in this paragraph shall be construed to exempt any person 
2.12 	from any labeling requirement imposed by or under provisions of this chapter;
2.13 	(10) conduct a pharmacy without a pharmacist in charge;
2.14 	(11) dispense a legend drug without first obtaining a valid prescription for that drug;
2.15 	(12) conduct a pharmacy without proper registration with the board;
2.16 	(13) practice pharmacy without being licensed to do so by the board;
2.17 	(14) sell at retail federally restricted medical gases without proper registration with the 
2.18 	board except as provided in this chapter; ~~or~~
2.19 	(15) sell any compound, substance, or derivative that is not approved for human 
2.20 	consumption by the United States Food and Drug Administration or specifically permitted 
2.21 	for human consumption under Minnesota law, and, when introduced into the body, induces 
2.22 	an effect similar to that of a Schedule I or Schedule II controlled substance listed in section 
2.23 	152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless 
2.24 	of whether the substance is marketed for the purpose of human consumption~~.~~; or
2.25 	(16) refuse to dispense an opioid antagonist, as defined in section 604A.04, when a 
2.26 	standing order or other prescribing protocol is in place, the prescribing criteria are satisfied, 
2.27 	and the dispenser has naloxone in stock.

2.28 	Sec. 2. Minnesota Statutes 2016, section 604A.04, subdivision 3, is amended to read:
2.29 		Subd. 3.Health care professionals; release from liability. A licensed health care 
2.30 	professional who is permitted by law to prescribe or dispense an opiate antagonist, if acting 
2.31 	in good faith, may directly or by standing order prescribe, dispense, distribute, or administer 
2.32 	an opiate antagonist to a person without being subject to civil liability or criminal prosecution 
3.1 	for the act. This immunity applies even when the opiate antagonist is eventually administered 
3.2 	in either or both of the following instances: (1) by someone other than the person to whom 
3.3 	it is prescribed; or (2) to someone other than the person to whom it is prescribed.