62J.497 ELECTRONIC PRESCRIPTION DRUG PROGRAM.
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings
given.
(b) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 30. Dispensing
does not include the direct administering of a controlled substance to a patient by a licensed health care
professional.
(c) "Dispenser" means a person authorized by law to dispense a controlled substance, pursuant to a valid
prescription.
(d) "Electronic media" has the meaning given under Code of Federal Regulations, title 45, part 160.103.
(e) "E-prescribing" means the transmission using electronic media of prescription or prescription-related
information between a prescriber, dispenser, pharmacy benefit manager, or group purchaser, either directly
or through an intermediary, including an e-prescribing network. E-prescribing includes, but is not limited
to, two-way transmissions between the point of care and the dispenser and two-way transmissions related
to eligibility, formulary, and medication history information.
(f) "Electronic prescription drug program" means a program that provides for e-prescribing.
(g) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
(h) "HL7 messages" means a standard approved by the standards development organization known as
Health Level Seven.
(i) "National Provider Identifier" or "NPI" means the identifier described under Code of Federal
Regulations, title 45, part 162.406.
(j) "NCPDP" means the National Council for Prescription Drug Programs, Inc.
(k) "NCPDP Formulary and Benefits Standard" means the most recent version of the National Council
for Prescription Drug Programs Formulary and Benefits Standard or the most recent standard adopted by
the Centers for Medicare and Medicaid Services for e-prescribing under Medicare Part D as required by
section 1860D-4(e)(4)(D) of the Social Security Act and regulations adopted under it. The standards shall
be implemented according to the Centers for Medicare and Medicaid Services schedule for compliance.
(l) "NCPDP SCRIPT Standard" means the most recent version of the National Council for Prescription
Drug Programs SCRIPT Standard, or the most recent standard adopted by the Centers for Medicare and
Medicaid Services for e-prescribing under Medicare Part D as required by section 1860D-4(e)(4)(D) of the
Social Security Act, and regulations adopted under it. The standards shall be implemented according to the
Centers for Medicare and Medicaid Services schedule for compliance.
(m) "Pharmacy" has the meaning given in section 151.01, subdivision 2.
(n) "Prescriber" means a licensed health care practitioner, other than a veterinarian, as defined in section
151.01, subdivision 23.
(o) "Prescription-related information" means information regarding eligibility for drug benefits, medication
history, or related health or drug information.
(p) "Provider" or "health care provider" has the meaning given in section 62J.03, subdivision 8.
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Revisor of Statutes
62J.497MINNESOTA STATUTES 20231
Subd. 2. Requirements for electronic prescribing. (a) Effective January 1, 2011, all providers, group
purchasers, prescribers, and dispensers must establish, maintain, and use an electronic prescription drug
program. This program must comply with the applicable standards in this section for transmitting, directly
or through an intermediary, prescriptions and prescription-related information using electronic media.
(b) If transactions described in this section are conducted, they must be done electronically using the
standards described in this section. Nothing in this section requires providers, group purchasers, prescribers,
or dispensers to electronically conduct transactions that are expressly prohibited by other sections or federal
law.
(c) Providers, group purchasers, prescribers, and dispensers must use either HL7 messages or the NCPDP
SCRIPT Standard to transmit prescriptions or prescription-related information internally when the sender
and the recipient are part of the same legal entity. If an entity sends prescriptions outside the entity, it must
use the NCPDP SCRIPT Standard or other applicable standards required by this section. Any pharmacy
within an entity must be able to receive electronic prescription transmittals from outside the entity using the
adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health Insurance Portability
and Accountability Act (HIPAA) requirement that may require the use of a HIPAA transaction standard
within an organization.
Subd. 3. Standards for electronic prescribing. (a) Prescribers and dispensers must use the NCPDP
SCRIPT Standard for the communication of a prescription or prescription-related information.
(b) Providers, group purchasers, prescribers, and dispensers must use the NCPDP SCRIPT Standard for
communicating and transmitting medication history information.
(c) Providers, group purchasers, prescribers, and dispensers must use the NCPDP Formulary and Benefits
Standard for communicating and transmitting formulary and benefit information.
(d) Providers, group purchasers, prescribers, and dispensers must use the national provider identifier to
identify a health care provider in e-prescribing or prescription-related transactions when a health care
provider's identifier is required.
(e) Providers, group purchasers, prescribers, and dispensers must communicate eligibility information
and conduct health care eligibility benefit inquiry and response transactions according to the requirements
of section 62J.536.
Subd. 4. Development and use of uniform formulary exception form. (a) The commissioner of health,
in consultation with the Minnesota Administrative Uniformity Committee, shall develop by July 1, 2009, a
uniform formulary exception form that allows health care providers to request exceptions from group
purchaser formularies using a uniform form. Upon development of the form, all health care providers must
submit requests for formulary exceptions using the uniform form, and all group purchasers must accept this
form from health care providers.
(b) No later than January 1, 2011, the uniform formulary exception form must be accessible and submitted
by health care providers, and accepted and processed by group purchasers, through secure electronic
transmissions.
Subd. 5. Electronic drug prior authorization standardization and transmission. (a) The commissioner
of health, in consultation with the Minnesota e-Health Advisory Committee and the Minnesota Administrative
Uniformity Committee, shall, by February 15, 2010, identify an outline on how best to standardize drug
prior authorization request transactions between providers and group purchasers with the goal of maximizing
administrative simplification and efficiency in preparation for electronic transmissions.
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Revisor of Statutes
2MINNESOTA STATUTES 202362J.497
(b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall develop the standard
companion guide by which providers and group purchasers will exchange standard drug authorization
requests using electronic data interchange standards, if available, with the goal of alignment with standards
that are or will potentially be used nationally.
(c) No later than January 1, 2016, drug prior authorization requests must be accessible and submitted
by health care providers, and accepted by group purchasers, electronically through secure electronic
transmissions. Facsimile shall not be considered electronic transmission.
History: 2008 c 358 art 4 s 3; 2009 c 79 art 4 s 3-6; 2009 c 102 s 3,4; 2009 c 173 art 1 s 1; 2010 c 336
s 4,5; 2012 c 253 art 1 s 1; 2014 c 291 art 6 s 1; 2016 c 158 art 1 s 19; 1Sp2021 c 7 art 3 s 4,5
Official Publication of the State of Minnesota
Revisor of Statutes
62J.497MINNESOTA STATUTES 20233