Title 43 — Occupations and Professions
99 chapters · 1,384 sections in this title.
N.D.C.C. § 43-15.3-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Authentication" means to affirmatively verify before any wholesale distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred. 2. "Authorized distributor of record" means…
N.D.C.C. § 43-15.3-02 Rulemaking authority
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The board shall adopt rules that conform with wholesale distributor licensing guidelines adopted by the federal food and drug administration, including rules necessary to carry out the purposes of this chapter, that incorporate and set detailed standards for meeting each of the l…
N.D.C.C. § 43-15.3-05 Restrictions on transactions
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1. A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy or chain pharmacy warehouse under the terms and conditions of the agreement between the wholesale distributor and the pharmacy or between the wholesale distributor and the chain pharma…
N.D.C.C. § 43-15.3-06 Pedigree
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1. Each person who is engaged in wholesale distribution of prescription drugs, including repackagers but excluding the original manufacturer of the finished form of the prescription drug which leave or have ever left the normal distribution channel, before each wholesale distribu…
N.D.C.C. § 43-15.3-07 Order to cease distribution
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1. The board shall issue an order requiring the appropriate person, including the distributors or retailers of the drug, gas, or equipment to immediately cease distribution of the drug, gas, or equipment within the state if the board finds there is a reasonable probability: a. A …
N.D.C.C. § 43-15.3-08 Prohibited acts - Penalty
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1. Except as otherwise provided under section 43-15.3-09, it is a class B misdemeanor for a person to perform or cause the performance of or aid and abet any of the following acts in this state: a. Failing to obtain a license under this chapter or operating without a valid licens…
N.D.C.C. § 43-15.3-09 Penalties
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1. The board may impose the following sanctions if, after a hearing under chapter 28-32, the board finds that a person violated section 43-15.3-08: a. Revoke, suspend, or limit the wholesale distributor's license issued under this chapter if the person is a wholesale distributor;…
N.D.C.C. § 43-15.3-10 Retail medical gas retailers - Reciprocity
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1. A person may not sell or deliver medical gases and related medical equipment directly to a consumer unless licensed by the board as a retail medical gas retailer. a. As a term of licensure under this section, a licensee shall employ or contract with an in-state licensed respir…
N.D.C.C. § 43-15.3-11 Retail durable medical equipment retailers - Reciprocity
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1. A person may not sell or deliver durable medical equipment directly to a consumer unless licensed by the board as a retail durable medical equipment retailer. a. As a term of licensure under this section, a licensee shall employ or contract with an in-state licensed health car…
N.D.C.C. § 43-15.3-12 Fees
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The board shall charge and collect the following fees under this chapter: Chain drug warehouse $200 Chain pharmacy warehouse $200 Durable medical equipment distributor, medical gas distributor, or both $200 Durable medical equipment retailer, medical gas retailer and distributor,…
N.D.C.C. § 43-15.3-13 Compounding provided by an outsourcing facility
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1. A facility may provide, without a patient specific prescription, a nonpatient specific compounded drug preparation for human use only, if the following conditions apply: a. The entity is registered with the United States food and drug administration as an outsourcing facility …
N.D.C.C. § 43-15.3-14 Third-party logistics providers
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1. Each third-party logistics provider shall comply with the standards for licensure; requirements to distribute prescription drugs, medical gases, or medical equipment; restrictions on transactions; and pedigree requirements set forward in this chapter. 2. The board shall issue …