Minnesota Board of Pharmacy FREQUENTLY ASKED QUESTIONS

 

I have received e-mail (spam) and/or a fax from a company claiming to be a pharmacy licensed by the Minnesota Board of Pharmacy. (Or, I have visited a website that displays a license supposedly issued by the Board). Has the Board issued a license to this company or website? If not, what can the Board do to stop the company from sending me spam or faxes? Can the Board make them remove charges from my credit card? I have received a telephone call from someone claiming to work for a licensed pharmacy who encourages me to order from them or asks me for credit card information. Can the Board stop them from calling me?

Minnesota Statutes § 151.461 prohibits gifts to practitioners by drug wholesalers and manufacturers.  Can you provide additional information about this law?  

Minnesota Rule 6800.0700 requires a community/retail pharmacy to have an area where consultation between the patient and the pharmacist may be conducted with an assurance of privacy.  Does the Board have recommendations as to how a pharmacy can comply with this rule?

Where can I find information about the new methamphetamine/pseudoephedrine law?

What information can be changed (or added) to a schedule II prescription and schedule III- V prescriptions by a pharmacist?   06/08/2011

Is there a time limit between the date a prescription for a schedule II drug is issued and the date when it may be filled?

Is there a six month/five refill limit on schedule V drugs?

Can prescriptions be transferred more than once in Minnesota?

I just received a prescription for methadone. Can I dispense it?

Can I fill or refill a prescription from an out of state prescriber?

Can I fill a prescription for a schedule II drug written by a mid-level practitioner?

How long must I keep prescription records?

Can I accept a new prescription via a facsimile machine?

Can I mail prescription medications containing narcotics or other controlled substances?

Where can I find a chart showing the daily limits for retail pseudoephedrine sales?  

I allowed my license to practice pharmacy in Minnesota to lapse and now I want it reinstated. What do I need to do? 

Does your Board have license verification on the Internet?

Does your Board of Pharmacy license or register medical device or medical supply manufacturers, wholesale distributors, suppliers or retailers?   8/3/2011

Where can I find out information about the Board’s continuing education requirement for pharmacy technicians?   2/21/2012

• IS THERE A TIME LIMIT BETWEEN THE DATE A PRESCRIPTION FOR A SCHEDULE II DRUG IS ISSUED AND THE DATE WHEN IT MAY BE FILLED?
  
  There is no time limit under federal law, however under Minnesota  Rules, a one year limit from the date of issue exists for all prescriptions.  DEA's recent rule change allowing for the issuance of multiple prescriptions authorizing the patient to receive a total of up to a 90-day supply of a Schedule II controlled substance have not added a limit of 90 days from the date of issue that a pharmacy may fill these prescriptions.   It has limited how soon a pharmacy may fill a prescription for a Schedule II controlled substance to not earlier than the date specified on the prescription by the prescriber.
  
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• IS THERE A SIX MONTH/FIVE REFILL LIMIT ON SCHEDULE V DRUGS?
  
  No.  While federal rules provide that prescriptions for drugs in Schedules III and IV cannot be filled or refilled longer than six months after the date they were issued, prescriptions for Schedule V drugs can be refilled, as authorized, up to one year from the date of issue state limit.  Keep in mind that federal Schedule V codeine containing cough syrups are Schedule III in Minnesota and under Minnesota Statute 152.11 are subject to the six month/five refill limitation.
  
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• CAN PRESCRIPTIONS BE TRANSFERRED MORE THAN ONCE IN MINNESOTA?
  
  Prescriptions for non-controlled drugs can be transferred from one pharmacy to another indefinitely providing that refill authorizations do exist and the transfers are properly recorded. However, there are restrictions on controlled substances.  Minnesota Rule 6800.3120 Subp. 2. states:   A pharmacy may transfer prescription information for the purpose of refilling a prescription if the information is communicated directly by one licensed pharmacist to another. Schedule II prescriptions may not be transferred. Schedules III-V prescriptions may only be transferred in accordance with the limitations placed on such transfers by the Drug Enforcement Administration (DEA). Federal regulation 21 CFR1306.25(a) permits multiple transfers of controlled substances, providing authorization exists, only for those pharmacies that share a real time on-line electronic database. Other pharmacies are limited to only one transfer under federal rules.
  
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• I JUST RECEIVED A PRESCRIPTION FOR METHADONE. CAN I DISPENSE IT?
  
  Methadone can be dispensed by a pharmacist pursuant to a prescription issued for analgesic purposes. The following article was taken from the May, 1996 State Board News and addresses this issue in detail:
  Methadone and the Community Pharmacy.
  
  In December 1972, the commissioner of Food and Drugs prohibited the shipment to, or receipt or dispensing of, methadone by community pharmacies for analgesic purposes (37 Fed. Reg. 26,790). The regulations adopted by the federal Food and Drug Administration (FDA) established the conditions for use of the drug by methadone treatment programs to detoxify and maintain narcotic addicts and by hospitals for analgesic purposes on a temporary basis. Both the drug treatment programs and the hospital pharmacies had to be approved by FDA to purchase, receive, and use methadone.
  
  On July 9, 1976, these restrictions were lifted by FDA (41 Fed. Reg. 28,261). Accordingly, all licensed pharmacies can purchase, receive, and dispense methadone for analgesic purposes after this date. However, questions received by the Board office indicate that many practicing pharmacists are not aware of the fact that methadone has been available for dispensing for analgesic purposes by community pharmacists since 1976.
  
  Federal regulations do not permit the prescribing of methadone for purposes of detoxifying or maintaining a narcotic addict. Prescriptions issued for this purpose are illegal and do not authorize pharmacists to dispense methadone for these purposes. The federal regulations require that methadone may only be administered for these purposes by drug treatment programs approved by the FDA (21CFR 1306.07).
  21 CFR 1306.04 (Purpose of issue of prescription) provides that "a prescription may not be issued for the purpose of dispensing of narcotic drugs in any schedule for detoxification treatment" or "maintenance treatment". These terms are defined as follows in Section 102 of the federal Controlled Substance Act (21 U.S.C. 802).
  
  21 USC 802 Definitions.
  As used in this subchapter:
  (29) The term "maintenance treatment" means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs.
  (30) The term "detoxification treatment" means the dispensing, for a period not in excess of one hundred and eighty days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period.
  
  Pharmacists practicing in community pharmacies have received prescriptions in which it was obvious that the prescriber was attempting to provide "detoxification treatment" for a patient who has become dependent on morphine-like drugs. These prescriptions are not valid and narcotics should not be dispensed under these circumstances. The pharmacist needs to contact the physician to inquire about their intent and to inform them about federal regulations governing the use of narcotics to detoxify the patient.
  
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• CAN I FILL OR REFILL A PRESCRIPTION FROM AN OUT OF STATE PRESCRIBER? 8/1/2004
  
  Minnesota pharmacies may legally fill or refill, providing  refill authorizations exist, prescriptions from prescribers practicing in any state. If the prescription is for a controlled substance in Schedule II, III or IV, the practitioner must be licensed to prescribe controlled substances by the state in which the prescription is issued and have a current federal Drug Enforcement Administration registration number.  Schedule II prescriptions, or course, cannot be refilled.
  
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• CAN I FILL A PRESCRIPTION FOR A SCHEDULE II DRUG WRITTEN BY A MID-LEVEL PRACTITIONER?
  
  Yes, provided that the mid-level practitioner has a valid agreement with a licensed practitioner that delegates the prescribing of that drug to the mid-level practitioner and the mid-level practitioner has a current federal drug enforcement registration number.   Note, the federal drug enforcement registration number must be that of the mid-level practitioner, not that of the delegating licensed practitioner.
  
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• HOW LONG MUST I KEEP PRESCRIPTION RECORDS? 1/1/2006 
  
  Minnesota law requires prescription records to be kept for a minimum of two years. Federal DEA regulations also require that controlled substance records be kept for a minimum of two years. The Food and Drug Administration (FDA) maintains that in its enforcement of the Federal Food, Drug, and Cosmetic Act, it may request records of drug distribution dating back five years.  As of January 1, 2005 the Medicare Modernization Act of 2003 requires prescription records to be kept for ten years.  Pharmacists should also seek the advice of their attorney for an answer to this question.
  
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• CAN I ACCEPT A NEW PRESCRIPTION VIA A FACSIMILE MACHINE?
  
  Minnesota Rules do allow a pharmacy to accept a prescription transmitted by facsimile from the prescriber to the pharmacy, provided the facsimile document is readily readable for at least five years. Facsimile orders for controlled substance in Schedules II, III, and IV can only be accepted if in compliance with federal DEA rules.
  
  Federal regulations do allow for the transmission of a prescription to a pharmacy by a practitioner, or the practitioneer's agent, for controlled substances in Schedule III, IV and V. (21CFR1306.21,a) The following federal regulations apply to prescriptions for Schedule II controlled substances. (21CFR1306.11)
  
  ... A prescription for a Schedule II controlled substance may be transmitted by the practitioner or the practitioner's agent to a pharmacy via facsimile equipment, provided that the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except as noted in paragraph (e), (f), or (g) of this section.
  ...
  (e) A prescription prepared in accordance with Sec. 1306.05 written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion may be transmitted by the practitioner or the practitioner's agent to the pharmacy by facsimile. The facsimile serves as the original written prescription for purposes of this paragraph (e) and it shall be maintained in accordance with Sec. 1304.04(h) of this chapter.
  (f) A prescription prepared in accordance with Sec. 1306.05 written for Schedule II substance for a resident of a Long Term Care Facility may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The facsimile serves as the original written prescription for purposes of this paragraph (f) and it shall be maintained in accordance with Sec. 1304.04(h).
  (g) A prescription prepared in accordance with Sec. 1306.05 written for a Schedule II narcotic substance for a patient residing in a hospice certified by Medicare under Title XVIII or licensed by the state may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The practitioner or the practitioner's agent will note on the prescription that the patient is a hospice patient. The facsimile serves as the original written prescription for purposes of this paragraph (g) and it shall be maintained in accordance with Sec. 1304.04(h) of this chapter.
  
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• CAN I MAIL PRESCRIPTION MEDICATIONS CONTAINING NARCOTICS OR OTHER CONTROLLED SUBSTANCES?
  
  Yes, according to the United States Postal Service regulations.  If the prescription medications have been dispensed in accordance with federal and state regulations, including proper labeling, and placed in a plain outer container or securely overwrapped in plain paper which is free of marking that would indicate the nature of the contents
  
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• WHERE CAN I FIND A CHART SHOWING THE DAILY LIMITS FOR RETAIL PSEUDOEPHEDRINE SALES?
  
  The July 2006 Board newsletter as this article explaining pseudoephedrine sales in Minnesota.
  
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• I ALLOWED MY LICENSE TO PRACTICE PHARMACY IN MINNESOTA TO LAPSE AND NOW I WANT IT REINSTATED. WHAT DO I NEED TO DO?
  
  

  In the state of Minnesota a pharmacist is eligible to reinstate their license within two years from the expiration date of the last time they renewed their license by simply paying back renewal fees, late fees, and doing their back continuing education.

  
  If they are reinstating after the two year period they need to do the following.

   

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