Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500
Trepanier MacGillis Battina P.A. 8000 Flour Exchange Building 310 Fourth Avenue South Minneapolis, MN 55415 612.455.0500

Can a Nurse Administer Botox Injections without a Prescription in Minnesota?

Clinics and medi-spas in Minnesota often ask whether Botox requires an individualized prescription by a physician or if it is an “over-the-counter” product. The answer is neither.  Botox may be administered with a patient-specific prescription or, more commonly, via a “prescription by protocol.” Minnesota statutes section 148.235, subdivisions 8 (Prescription by protocol) and 9 (Vaccine by protocol) permit a registered nurse to implement a protocol that does not reference a specific patient and allows for the administration of certain drugs or vaccines that have been predetermined and delegated by a licensed physician. 

In this situation, the Medical Director (usually a physician or other licensed professional with prescribing authority) must provide the clinic or spa with a policy for Botox injections.  The protocols of the policy must list:  1) the patient characteristics that fall within the protocol; 2) when the protocol specifies the contraindication for implementation; 3) patients or population of patients for whom the vaccine must not be administered; and 4) the conditions under which the vaccine must not be administered. Botox is not an over-the-counter medication. It can only be ordered by a physician with a DEA license.

Minn. Stat. Section 148.235, Subdivision 8 – Prescription by protocol – states as follows:

“A registered nurse may implement a protocol that does not reference a specific patient and results in a prescription of a legend drug that has been predetermined and delegated by a licensed practitioner as defined under section 151.01, subdivision 23, when caring for a patient whose condition falls within the protocol and when the protocol specifies the circumstances under which the drug is to be prescribed or administered.”

Similarly, Subdivision 9 – Vaccine by protocol – states as follows:

“A nurse may implement a protocol that does not reference a specific patient and results in the administration of a vaccine that has been predetermined and delegated by a licensed practitioner as defined in section 151.01, subdivision 23, when caring for a patient whose characteristics fall within the protocol and when the protocol specifies the contraindications for implementation, including patients or populations of patients for whom the vaccine must not be administered and the conditions under which the vaccine must not be administered.”

Medi-spas in Minnesota selling Botox procedures should therefore take care to have in place a licensed Medical Director and carefully drafted policies and procedures for providing Botox under a protocol.

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About the Firm: The Minnesota business attorneys of Trepanier MacGillis Battina P.A. can be reached at 612.455.6237.  TMB is a business law firm in Minneapolis, Minnesota.

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