1.2relating to health; extending the effective date for electronic prescribing
1.3requirements for certain providers;amending Minnesota Statutes 2010, section
1.462J.497, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 62J.497, subdivision 2, is amended to read:
1.7    Subd. 2. Requirements for electronic prescribing. (a) Effective January 1, 2011,
1.8all providers, group purchasers, prescribers, and dispensers must establish, maintain,
1.9and use an electronic prescription drug program. This program must comply with the
1.10applicable standards in this section for transmitting, directly or through an intermediary,
1.11prescriptions and prescription-related information using electronic media.
1.12    (b) If transactions described in this section are conducted, they must be done
1.13electronically using the standards described in this section. Nothing in this section
1.14requires providers, group purchasers, prescribers, or dispensers to electronically conduct
1.15transactions that are expressly prohibited by other sections or federal law.
1.16    (c) Providers, group purchasers, prescribers, and dispensers must use either HL7
1.17messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
1.18information internally when the sender and the recipient are part of the same legal entity. If
1.19an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
1.20or other applicable standards required by this section. Any pharmacy within an entity
1.21must be able to receive electronic prescription transmittals from outside the entity using
1.22the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health
1.23Insurance Portability and Accountability Act (HIPAA) requirement that may require the
1.24use of a HIPAA transaction standard within an organization.
2.1(d) Notwithstanding paragraph (a), effective January 1, 2016, providers and
2.2prescribers who practice at a clinic where two or fewer physicians practice must establish,
2.3maintain, and use an electronic prescription drug program that complies with the
2.4applicable standards in this section.
2.5EFFECTIVE DATE.This section is effective retroactively from January 1, 2011.