North Dakota Administrative Code

1. Mixing, filling, and application. a. All pesticides must be used in accordance with the labeling. b. Pesticide applications must be made in a manner that prevents off-target discharges of pesticides. c. Pesticide application equipment or equipment used to fill application equi…

1. Every pesticide dealer shall keep separate, accurate, and complete records of all of the dealer's purchases and sales of restricted use pesticides and all pesticides used under section 18 (emergency exemption) and section 24-c (special local needs) of FIFRA. Dealers shall posi…

Repealed effective January 1, 2013.

Repealed effective March 1, 2003.

Any person who is involved in or causes a pesticide incident that could result in adverse effects to humans, animals, or the environment must report it to the commissioner. The report must be made within twenty-four hours after the incident. The report may be filed by letter or e…

containers. 1. Any person who produces a mixture of any quantity of pesticide, to be applied by another person must have an environmental protection agency establishment number. The person making the mixture must supply the person applying the mixture with end-use labeling for ea…

1. Transporting and storing bulk pesticides must comply with the manufacturer's requirements. 2. Transporting bulk pesticides must comply with all applicable state and United States department of transportation rules and regulations. 3. A bulk pesticide storage container must be …

regulations. The environmental protection agency pesticide container regulations effective as of August 17, 2011, as provided under title 40, Code of Federal Regulations, part 165 subparts A, B, C, and D, are hereby adopted by the board and incorporated by reference and made part…

Recordkeeping requirements. 1. An outdoor permanent containment area must be constructed of sufficient size and material so as to contain any spilled or discharged materials. Minimum containment capacity must be one hundred twenty-five percent of the single largest bulk pesticide…

1. A person must obtain a repackaging agreement from the registrant prior to repackaging bulk pesticides. 15 2. Repackaging must be performed at a facility with an environmental protection agency establishment number. 3. Repackaging must use meters or scales, or both, compatible …

No person may: 1. Repackaging into a container unless the container is capable of holding, in undivided quantities, the capacity as specified by the environmental protection agency. 2. Hold in inventory a mixture or custom blend of any quantity of pesticide, but rather, after pro…

This chapter contains a standard designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also from the acciden…

Any term used in this chapter has the same meaning as defined in title 40, Code of Federal Regulations, section 170.3, unless defined in North Dakota Century Code chapter 4.1-33, in which case the North Dakota Century Code definition governs. History: Effective July 1, 2004. Gene…

The environmental protection agency worker protection standard regulations effective as of January 1, 2016, as provided under title 40, Code of Federal Regulations, part 170, are hereby adopted by the board and incorporated by reference and made a part of this title. Copies of ti…

1. History and functions. The 1890 legislative assembly passed pharmacy practice legislation codified as North Dakota Century Code chapter 43-15. This chapter requires the governor to appoint a state board of pharmacy. The board is responsible for examining and licensing applican…

No person, partnership, association, or corporation shall conduct a pharmacy in North Dakota without first obtaining a permit to do so from the board. A fee, set by the board but not to exceed that prescribed by statute, shall be charged for each permit. 1. Each physical location…

Applications for permits and renewal of permits to conduct a pharmacy or drugstore shall be made in writing on such form or forms as the board may from time to time prescribe, and shall set forth information required by the board to enable it to determine if the pharmacy or drugs…

The minimum standards and technical equipment to be considered as adequate shall include: 1. Definitions. a. "Active chemical or ingredient" refers to chemicals, substances, or other components of articles intended for use in the diagnostics, cure, mitigation, treatment, or preve…

A permit registers the pharmacy to which it is issued at the location specified in the permit, and is not transferable. It is issued on the application of the owner, or the registered pharmacist in charge, on the sworn statement that the pharmacy will be conducted in accordance w…

When a pharmacy changes ownership, the original permit becomes void and must be surrendered to the board, and a new permit secured by the new owner or owners. This is required even in case there is no change in the name of the pharmacy or in the registered pharmacist in charge of…

An affidavit shall be filed each year with the application for renewal of a pharmacy permit, indicating in the case of a partnership, that each active member is a registered pharmacist, or in the case of a corporation, that the majority stock is owned by registered pharmacists in…

Each pharmacy permit shall expire on June thirtieth of each year, and shall be renewed annually by filing an application therefor, on or before June first of each year, together with a fee set by the board, but not to exceed that prescribed by statute. General Authority: NDCC 43-…

Before a pharmacy changes the location of its business, it shall first submit to the board a new application for a permit, setting forth such changes, and shall submit therewith the information and documents required in an initial application for a permit. If the board approves t…

The issuance of a permit to the heirs at law of a pharmacist shall not be refused on the grounds that such heirs at law are not registered pharmacists, provided assurance will be given that when the pharmacy is disposed of by the heirs at law of the registered pharmacist owner, i…

No permitholder shall conduct a pharmacy without a pharmacist-in-charge who shall be designated in the application for a pharmacy permit and each renewal of pharmacy permit. The term "pharmacist-in-charge" means a duly licensed pharmacist in North Dakota who has been so designate…

Each pharmacy shall notify the state board of pharmacy immediately upon knowledge of the termination of the services of the pharmacist-in-charge and further, shall immediately designate a successor pharmacist-in-charge and immediately notify the state board of pharmacy of such de…

Each pharmacy permit shall be posted and exposed in a conspicuous place in the pharmacy for which the permit has been issued. General Authority: NDCC 43-15-10(9), 43-15-39 Law Implemented: NDCC 43-15-10(9), 43-15-39

Each pharmacy shall have at least one registered pharmacist on duty and physically present in the pharmacy area at all times that the prescription area is open for the transaction of business. History: Amended effective May 1, 1984. General Authority: NDCC 43-15-10(9), 43-15-10(1…

Before a pharmacy permit is issued, in the case of a pharmacy leasing space, a copy of the lease agreement must be furnished to the board which must include rental terms and information. The lease rental amounts, less in-house sales and wholesale sales, may not exceed five percen…

A permitholder shall follow these procedures to close a North Dakota licensed pharmacy: 1. Notify the state board of pharmacy at least thirty days in advance of the closing date. 14 2. Notify customers at least fifteen days in advance of the closing date and advise them where the…

The permitholder of a pharmacy discontinuing business shall notify the state board of pharmacy and the nearest DEA registration field office at least fourteen days before the date of the proposed transfer of controlled substances in connection with discontinuing the business, and…

All pharmacy employees shall wear a name badge while in the pharmacy, which clearly identifies the person's title. History: Effective July 1, 2011. General Authority: NDCC 43-15-10 Law Implemented: NDCC 43-15-10, 43-15-35

Each pharmacy must have a written or electronic and easily accessible policy and procedure manual to address all aspects of the pharmacy's operations. The policy and procedure manual must be 15 available for inspection. The policy and procedure manual must set forth in detail the…

Any new pharmacy, or any existing pharmacy which is being remodeled, except in the cases of institutional practice, must comply with the following provisions: 1. Approval of plans. The prescription area, merchandising area, waiting area, storeroom, restroom, and all partitions, d…

A pharmacy must comply with the following security standards: 1. Pharmacist in charge. Every pharmacy must have a pharmacist designated as the pharmacist-in-charge who shall be responsible to the board for a pharmacy's compliance with the laws and regulations, both state and fede…

A pharmacy must comply with the following sanitary standards: 1. Pharmacies and equipment. All pharmacies and equipment therein shall be maintained in a clean condition and in good repair. 2. Sanitary facilities. All sanitary facilities shall be constructed in accordance with the…

Existing pharmacies licensed by the board prior to March 8, 1972, the effective date of chapters 61-02-02, 61-02-03, and 61-02-04, may have their use continued if they reasonably conform, or are made to reasonably conform, to the intent of those chapters. General Authority: NDCC …

Electronic data processing equipment or media, when used to store or process prescription information, shall meet the following requirements: 1. Must guarantee the confidentiality of the information contained in the database. Must require that the transmission of electronic presc…

In all cases where electronic data processing equipment is used, the original prescription (hard copy or saved in an unalterable electronic data filing system that has been approved by the board) shall be retained on file according to law to assure access to the information conta…

Written policy and procedures must be available electronically or in hard copy format, detailing responsibilities of each pharmacist relative to the operation of the computer and its records. History: Effective July 1, 1990; amended October 1, 2014. General Authority: NDCC 28-32-…

1. The board of pharmacy is responsible for maintaining, continuing, and enhancing the development of the educational and professional role of the pharmacists for the protection of the health, welfare, and safety of the citizens of the state. 2. Current practice requires an expan…

1. "Pharmacy technician" means a person registered by the board of pharmacy who is employed by a pharmacy under the responsibility of the pharmacist-in-charge or a staff pharmacist so designated by the pharmacist-in-charge, to assist in the technical services of preparing pharmac…

1. To be eligible to be registered by the board of pharmacy as a pharmacy technician the person must have completed one of the following requirements: a. Successful completion of an American society of health systems pharmacists accredited academic program; b. An American society…

The ratio of pharmacists to pharmacy technicians may not be greater than one to four (one pharmacist to four pharmacy technicians) in a retail and hospital setting. The ratio of pharmacists to pharmacy technicians may not be greater than one to five (one pharmacist to five pharma…

1. Under the responsibility of the pharmacist-in-charge or designated staff pharmacist the pharmacy technician may perform any service assigned by the pharmacist-in-charge in the preparation of pharmaceuticals to be dispensed by the pharmacist to a patient except as specified in …

The pharmacy technician may not: 1. Evaluate the patient's profile relative to the pharmaceuticals that have or will be dispensed. 2. Consult with the patient concerning the utilization of their pharmaceuticals. 3. Make decisions that require a pharmacist's professional education…

1. A pharmacy technician must register with the board of pharmacy on an annual basis. 2. The pharmacy technician will be assigned a registration number. 3. The board of pharmacy must provide the pharmacy technician with an annual registration card and pocket identification card. …

Any duty that is not required to be performed by a registered pharmacist, registered pharmacy intern, or by a pharmacy technician may be performed by other employees of the pharmacy. History: Effective October 1, 1993. General Authority: NDCC 28-32-02, 43-15-10(12)(14) Law Implem…

The registration of any pharmacy technician violating drug laws or rules may be revoked by the board of pharmacy. Pharmacists or pharmacies violating drug laws or rules may be subject to the penalties of North Dakota Century Code section 43-15-42.1. History: Effective October 1, …

1. Each pharmacy technician shall complete at least ten hours of approved pharmacy technician continuing education every year as a condition of renewal of a registration as a pharmacy technician in North Dakota. 2. There may be no carryover or extension of continuing education un…