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Minnesota News: Pharmacist Participation in Managing and Modifying Drug Therapy
Reprinted from the April 2008 Minnesota Board of Pharmacy Newsletter.
Minnesota Statutes §151.01, subd. 27 provides a definition of the “practice of pharmacy” that includes: “participation in the practice of managing drug therapy and modifying drug therapy, according to section 151.21, subd 1.” Such participation requires a written protocol between a specific pharmacist and an individual dentist, optometrist, physician, podiatrist, or veterinarian. The Board regularly receives questions about this provision, and the following information may be helpful to pharmacists and others interested in this issue.
Please note that there is no mention of nurse practitioners or physician assistants in the law. Consequently, pharmacists cannot enter into a protocol with those individuals. Also, the law very plainly states that a protocol must be between a specific pharmacist and an individual dentist, optometrist, physician, podiatrist, or veterinarian. So, for example, a protocol between a physician and “all pharmacists working for Pretty Good Pharmacy” would not be valid. Nor would a protocol between pharmacist Sven Svenson and “all family physicians practicing at Acme Clinic.”
The Board recently received a question from the Minnesota Department of Health (MDH) concerning the validity of an order signed by a pharmacist. MDH had cited a home health agency for accepting orders that were not signed by a practitioner. They had been signed by a pharmacist, who claimed to have the legal authority to sign the orders. The above-mentioned section of law does not authorize pharmacists to issue legally valid prescriptions or drug orders. The section of law that defines which individuals are allowed to prescribe drugs is MS §151.37. subd. 2. There is no mention in that section of a practitioner being able to delegate prescribing to a pharmacist. Consequently, for an order to be valid, it must be signed (or counter-signed) by a practitioner authorized to prescribe pursuant to MS §151.37. subd. 2.
