1.1    .................... moves to amend H. F. No. 1041, the delete everything amendment
1.2(H1041DE1-1), as follows:
1.3Page 1, line 8, delete "7, 8," and insert "8"
1.4Page 1, line 9, delete "and"
1.5Page 1, line 11, delete the period insert "; and"
1.6Page 1, after line 11, insert:
1.7    "(3) provide education to enrollees on the proper use of controlled substances."
1.8Page 2, line 3, delete "7, 8," and insert "8"
1.9Page 2, after line 23, insert:
1.10    "(c) The board may issue a waiver to a dispenser that is unable to submit dispensing
1.11information by electronic means. The waiver may permit the dispenser to submit
1.12dispensing information by paper form or other means, provided all information required
1.13by subdivision 4 is submitted in this alternative format."
1.14Page 2, line 25, delete "may" and insert "shall" and delete "If the board convenes
1.15a committee,"
1.16Page 3, delete lines 6 and 7 and insert:
1.17    "(1) prescriber DEA number;"
1.18Page 3, delete lines 8 and 9 and insert:
1.19    "(2) dispenser DEA number;"
1.20Page 3, delete lines 14 and 15 and insert:
1.21    "(7) NDC code for drug dispensed; and"
1.22Renumber the clauses in sequence
1.23Page 3, line 17, delete everything after "information" and insert "according to the
1.24format and protocols specified in the "ASAP Telecommunications Format for Controlled
1.25Substances," May 1995 edition, published by the American Society for Automation in
1.26Pharmacy, which is hereby adopted by reference, by a procedure established by the board."
1.27Page 3, delete line 18
2.1Page 4, line 14, after "12" insert ", and not subject to public disclosure"
2.2Page 4, line 27, after "specific" insert "board"
2.3Page 5, line 29, after "board" insert "and appropriate civil penalties"
2.4Page 5, after line 35, insert:
2.5    "Subd. 9. Immunity from liability; no requirement to obtain information. (a)
2.6A pharmacist, prescriber, or other dispenser making a report to the program in good
2.7faith under this act is immune from any civil, criminal, or administrative liability, which
2.8might otherwise be incurred or imposed as a result of the report, or on the basis that the
2.9pharmacist or prescriber did or did not seek or obtain or use information from the program.
2.10    (b) Nothing in this act shall require a pharmacist, prescriber, or other dispenser
2.11to obtain information about a patient from the program, and the pharmacist, prescriber
2.12or other dispenser, if acting in good faith, is immune from any civil, criminal, or
2.13administrative liability that might otherwise be incurred or imposed for requesting or
2.14receiving or using information from the program."
2.15Page 5, before line 36, insert:

2.16    "Sec. 4. [256B.06251] PRESCRIBING OF CONTROLLED SUBSTANCES;
2.17ABUSE PREVENTION.
2.18    The commissioner shall develop and implement a plan to:
2.19    (1) monitor the prescribing of controlled substances listed in section 152.02,
2.20subdivisions 3 and 4, and those substances defined by the board of pharmacy under section
2.21152.02, subdivisions 8 and 12, by enrolled providers and providers under contract with
2.22participating managed care plans;
2.23    (2) require enrolled providers and providers under contract with participating
2.24managed care plans to report information related to potential patient abuse of the
2.25controlled substances to the commissioner, and the board of pharmacy; and
2.26    (3) provide education to Minnesota health care program enrollees on the proper use
2.27of controlled substances."
2.28Renumber the sections in sequence and correct the internal references
2.29Amend the title accordingly