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North Dakota Statutes, Title 43

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North Dakota/Statutes

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Title 43, Occupations and Professions

99 chapters · 1,335 sections in this title.

All chapters in Title 431,335 Ch 43-15, Pharmacists55 Ch 43-11, Cosmetologists49 Ch 43-04, Barbers46 Ch 43-17, Physicians, Resident Physicians, and…39 Ch 43-10, Funeral Service Practitioners38 Ch 43-19.1, Professional Engineers and Land Surv…38 Ch 43-32, Psychologists36 Ch 43-09, Electricians35 Ch 43-23, State Real Estate Commission33 Ch 43-18, Plumbers32 Ch 43-28, Dentists31 Ch 43-13, Optometrists30 Ch 43-29, Veterinarians29 Ch 43-23.3, Real Estate Appraisers27

55 sections·Filtered byTitle 43✕Ch 43-15✕

N.D.C.C. § 43-15-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Administration" means the direct application of a drug to the body of a patient. The term includes: a. The emergency maintenance of a drug delivery device used in home infusion therapy by a qualified ho…
N.D.C.C. § 43-15-02 Exemptions
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The provisions of this chapter shall not apply to the following: 1. A duly licensed practitioner of medicine supplying the practitioner's own patients with such remedies as the practitioner may desire. 2. The exclusive wholesale business of any dealer. 3. The keeping for sale and…
N.D.C.C. § 43-15-03 Board of pharmacy - Appointment
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The state board of pharmacy consists of seven members appointed by the governor. Five members of the board must be licensed pharmacists, one member must be a registered pharmacy technician, and one member must represent the public and may not be affiliated with any group or profe…
N.D.C.C. § 43-15-04 State board of pharmacy - Term of office - Vacancies
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The members of the board must be appointed for terms of five years each, with the terms of office so arranged that one term only expires on the eighth day of May of each year. Each member of the board shall qualify by taking the oath required of civil officers and shall hold offi…

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N.D.C.C. § 43-15-05 Compensation of board - Disposition of fees

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Each member of the board shall receive a per diem of two hundred dollars for attendance at board meetings, and all actual and necessary expenses incurred in attending such meetings and in performing other official duties. The mileage and travel expense allowed may not exceed the …

N.D.C.C. § 43-15-06 Organization of board

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1. At the first regular meeting of the board after the appointment and qualification of a new member for a full term, the board shall elect a president, a secretary, and a treasurer. The president must be chosen from the membership of the board, but any suitable person, whether a…

N.D.C.C. § 43-15-07 Officers of board - Bond - Duties - Compensation

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The secretary and treasurer of the board each must be bonded for the faithful discharge of their duties in the penal sum of not less than two thousand dollars. The president, secretary, and treasurer of the board shall perform such duties as the board may prescribe. Officers of t…

N.D.C.C. § 43-15-08 Oaths - President may administer

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The president of the board may administer oaths to applicants for registration and to any witness in hearings, investigations, or proceedings pending before the board.

N.D.C.C. § 43-15-09 Meetings - When held - Notice - Quorum

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The board shall hold at least two and not more than four meetings in each calendar year for the examination of applicants for licensure. The board may hold such other meetings as may be necessary for the performance of its duties. A special meeting must be held at such time and p…

N.D.C.C. § 43-15-10 Powers of board

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In addition to other powers provided by law, the board shall have the following powers and duties, which shall be exercised in conformity with chapter 28-32 in order to protect the public health, welfare, and safety: 1. To place on probation, reprimand, or fine any pharmacy, phar…

N.D.C.C. § 43-15-12 State board of pharmacy - Report

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The board may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

N.D.C.C. § 43-15-14 Unlawful practice of pharmacy

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1. Applicability. No person may engage in the practice of pharmacy unless licensed to practice pharmacy under this chapter, except that a registered pharmacy technician may perform specific tasks delegated by and under the immediate personal supervision and control of a licensed …

N.D.C.C. § 43-15-15 Qualifications of licensed pharmacist

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Every applicant for license as a pharmacist in this state shall have the following qualifications: 1. Be at least eighteen years of age. 2. Be of good moral character. 3. Be a graduate of a school or college of pharmacy recognized by the board as an approved school. Any applicant…

N.D.C.C. § 43-15-16 Exception to qualificational requirements

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Any person qualified to take the examination for licensure as a pharmacist in this state under the law in effect prior to July 1, 1927, who failed to apply for the examination, upon due proof to the board that the person was so qualified and that the person is a bona fide residen…

N.D.C.C. § 43-15-18 License of pharmacy intern

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To register in this state a pharmacy intern must have completed one year of college, be registered in a prepharmacy program, and must be employed by a licensed pharmacist. At the date of entering into internship, an intern shall file with the executive director of the board the f…

N.D.C.C. § 43-15-18.1 Conviction not bar to license - Exceptions

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Conviction of an offense does not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a pharmacist or that, following conviction of any offense, the person is not su…

N.D.C.C. § 43-15-19 Examination for license

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Except as otherwise provided in this chapter, every applicant for licensure as a pharmacist, before receiving a license from the board, shall pass such an examination as to the applicant's education and professional qualifications as the board shall prescribe.

N.D.C.C. § 43-15-20 Fees for examination

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Each applicant for licensure as a pharmacist in this state shall pay to the secretary of the board before examination a fee to be set by the board not to exceed three hundred dollars. If the applicant fails to pass a satisfactory examination, the applicant may be re-examined at a…

N.D.C.C. § 43-15-21 License - Issuance

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The board shall cause to be issued to each pharmacist in this state whom it finds entitled thereto, a license showing: 1. The date of issue. 2. The fact that the person to whom it was issued is a licensed pharmacist. 3. The residence of the person to whom the license was issued. …

N.D.C.C. § 43-15-22 Licensing without examination

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The board, without examination, may register and issue a license as a pharmacist to any person of good moral character who presents to the board satisfactory evidence that before coming to this state the applicant legally had been licensed as a pharmacist in another state or fore…

N.D.C.C. § 43-15-23 Temporary certificate - How obtained

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The secretary of the board, or any member thereof, on request by the secretary in writing, may examine an applicant orally or in writing and issue a temporary certificate to practice pharmacy in this state. The certificate must authorize such practice and must be valid until the …

N.D.C.C. § 43-15-24 Register

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The secretary of the board shall keep a record or register in which, in addition to such other matters as the board may require, the secretary shall register each certificate issued under the provisions of this chapter, the facts appearing in the certificate, and all cancellation…

N.D.C.C. § 43-15-25 Term of license - Renewal - Fee - Where displayed

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The license issued by the board to a pharmacist under this chapter, and the registration thereof, entitles the holder to act in the capacity therein stated for one year unless duly canceled, suspended, or revoked. Every licensee who desires to retain a license, on or before the f…

N.D.C.C. § 43-15-25.1 Continuing pharmaceutical education

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1. Each pharmacist shall complete at least fifteen hours of approved continuing pharmaceutical education every year as a condition of renewal of a certificate of licensure as a pharmacist in this state. 2. An annual renewal of a license may not be issued to a pharmacist until the…

N.D.C.C. § 43-15-25.2 Educational requirements - Rules

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The board shall adopt rules establishing the educational requirements and quality control procedures for pharmacists who conduct laboratory tests provided in subsection 24 of section 43-15-01. These rules must include a requirement that pharmacists receive training for each speci…

N.D.C.C. § 43-15-26 Failure to renew license - Renewal fee - Cancellation of license - Reinstatement

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If a licensed pharmacist in this state fails to pay the fee for a renewal of a license within the time required, the secretary of the board shall mail the pharmacist a notice, addressed to the pharmacist's last-known place of residence, notifying the pharmacist of failure to obta…

N.D.C.C. § 43-15-27 Change place of business - Record - Fee

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Every licensed pharmacist, within thirty days after changing a place of business as designated on the books of the board, shall notify the secretary of the board of the new place of business and shall accompany the notice with a fee to be set by the board not to exceed twenty-fiv…

N.D.C.C. § 43-15-28.1 Temporary suspension - Appeal

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1. If the board has verified evidence that probable cause or grounds for discipline requires the suspension of a pharmacy permit or license of a pharmacist and if harm to the public is so imminent and critical that substantial harm could or would likely result if the permit or li…

N.D.C.C. § 43-15-29 False registration - Penalty

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Any person who procures or attempts to procure license as a pharmacist, for that person or any other person under this chapter, by making or causing to be made any false representations, or who falsely or fraudulently represents that the person is licensed, is guilty of a class A…

N.D.C.C. § 43-15-31 Prescriptions to be filed and preserved

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Every licensed pharmacist in the state shall file, or cause to be filed, any prescription, or a copy thereof, which has been compounded or dispensed in the pharmacist's pharmacy or drugstore. The prescription or a copy of the prescription must be preserved for at least five years…

N.D.C.C. § 43-15-31.1 Patient profile record system

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A patient profile record system must be maintained in all pharmacies for persons for whom prescriptions are dispensed. The patient profile record system must be devised so as to enable the immediate retrieval of information necessary to enable the dispensing pharmacist to identif…

N.D.C.C. § 43-15-31.2 Prescription drug information required

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With each prescription dispensed, the licensed pharmacist or the licensed intern pharmacist, in addition to labeling the prescription in accordance with law, must explain to the patient or the patient's agent the directions for use and a warning of the potential harmful effect of…

N.D.C.C. § 43-15-31.3 Oral transmission of prescriptions

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An oral transmission of a prescription drug may be accepted and dispensed by a pharmacist or licensed pharmacist intern if received from a practitioner, or a nurse licensed under chapter 43-12.1 who is authorized by the practitioner to orally transmit the prescription, or a regis…

N.D.C.C. § 43-15-31.4 Limited prescriptive practices

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1. A pharmacist has limited prescriptive practices to initiate or modify drug therapy following diagnosis or established protocols by a licensed physician or an advanced practice registered nurse, under the supervision of the licensed physician or advanced practice registered nur…

N.D.C.C. § 43-15-31.5 Administration of drugs - Rules

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A pharmacist who administers drugs must have authority from the board. The board shall adopt rules to establish educational and operational requirements for a pharmacist to obtain and maintain authority to administer drugs. The board may adopt rules to establish educational and o…

N.D.C.C. § 43-15-31.6 Prescriptive authority

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1. A pharmacist whose practice is physically located within this state, acting in good faith and exercising reasonable care, may independently prescribe drugs, drug categories, and devices as provided in this section if each of the following requirements are met: a. A pharmacist …

N.D.C.C. § 43-15-31.7 Therapeutic substitution

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1. A pharmacist whose practice is physically located within this state may substitute a drug for a therapeutically equivalent drug, except for antidepressants, antipsychotics, chemotherapy agents, schedule II controlled substances, biological products, and narrow therapeutic inde…

N.D.C.C. § 43-15-32 Who may engage in drug business

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Every store, dispensary, pharmacy, laboratory, or office, selling, dispensing, or compounding drugs, medicines, or chemicals, or compounding or dispensing prescriptions of medical practitioners in the state, and every business carried on under a name which contains the words "dru…

N.D.C.C. § 43-15-34 Operation of pharmacy - Permit required - Application - Fee

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No person, copartnership, association, corporation, or limited liability company shall open, establish, operate, or maintain any pharmacy within this state without first obtaining a permit so to do from the board. Application for the permit shall be made upon a form to be prescri…

N.D.C.C. § 43-15-34.1 Out-of-state pharmacies

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Any pharmacy operating outside the state which ships, mails, or delivers in any manner a dispensed prescription drug or legend drug into North Dakota shall obtain and hold a pharmacy permit issued by the North Dakota state board of pharmacy and that part of the pharmacy operation…

N.D.C.C. § 43-15-35 Requirements for permit to operate pharmacy - Exceptions

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1. The board shall issue a permit to operate a pharmacy, or a renewal permit, upon satisfactory proof of all of the following: a. The pharmacy will be conducted in full compliance with existing laws and with the rules and regulations established by the board. b. The equipment and…

N.D.C.C. § 43-15-36 Board shall make rules and regulations governing permits - Prescribe equipment necessary

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The rules and regulations relating to the granting, revocation, and renewal of a permit must be adopted and become effective only upon the affirmative vote of a majority of the members of the board. The board shall prescribe the minimum of technical equipment which a pharmacy at …

N.D.C.C. § 43-15-38 Failure to renew permit - When new permit granted

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If an application for renewal of a permit issued for the operation or maintenance of a pharmacy in this state is not made before the first day of June of the fiscal year for which the permit was issued, the existing permit, or renewal permit, lapses and becomes null and void upon…

N.D.C.C. § 43-15-38.1 Closing a pharmacy

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The permitholder and the pharmacist in charge are jointly responsible to follow the procedures outlined in the rules for closing a pharmacy.

N.D.C.C. § 43-15-39 Permit and renewal permit posted - Not transferable

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The permit to operate and maintain a pharmacy in this state, and the renewal thereof, must be posted and exposed in a conspicuous place in the pharmacy. Such permit or renewal permit is not transferable.

N.D.C.C. § 43-15-40 Board may revoke permits and renewal permits

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The board, after due notice and opportunity to be heard, may revoke any permit to establish and maintain a pharmacy, or a renewal thereof, if it is disclosed upon an examination or inspection that the pharmacy is not being operated or conducted according to the rules and regulati…

N.D.C.C. § 43-15-41 Board to give notice of refusal or revocation of permits - Appeal

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If an application for a permit or for a renewal thereof is refused, or a permit or a renewal of permit is revoked, the board shall notify the applicant or permittee by registered or certified mail of such refusal or revocation, with its reasons therefor. The applicant or permitte…

N.D.C.C. § 43-15-42 Penalty for violation of rule regulating pharmacies

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Any person who violates any rule legally adopted by the board pursuant to this chapter is guilty of an infraction.

N.D.C.C. § 43-15-42.1 Penalties - Reinstatement - Criminal prosecutions - Judicial review

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1. Upon the finding of the existence of grounds for discipline of any person holding, seeking, or renewing a permit or license under this chapter, the board may impose one or more of the following penalties: a. Suspension of the offender's permit or license for a term to be deter…

N.D.C.C. § 43-15-42.2 Impaired pharmacists program

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1. Any pharmaceutical peer review committee may report relevant facts to the board relating to the acts of any pharmacist in this state if it has knowledge relating to the pharmacist which, in the opinion of the peer review committee, might impair competency due to dependency on …