Title 43 — Occupations and Professions

Repealed by S.L. 1995, ch. 403, § 17.

The board may deny, limit, revoke, encumber, or suspend any license or registration to practice nursing issued by the board or applied for in accordance with this chapter; reprimand, place on probation, or otherwise discipline a licensee, registrant, or applicant; deny admission …

Repealed by S.L. 1995, ch. 403, § 17.

If the board determines an unlicensed assistive person, whose registration has expired, violated subsection 7 of section 43-12.1-14 by practicing without a current registration for a period of up to four months from the initial date of employment, the action of the board in the c…

The board may not take disciplinary action against an advanced practice registered nurse based solely on the advanced practice registered nurse prescribing or dispensing ivermectin for the off-label treatment or prevention of severe acute respiratory syndrome coronavirus 2 identi…

It is a class B misdemeanor for a person to willfully: 1. Buy or sell, fraudulently obtain, or furnish any questions and answers used in the licensing examination for nurses, or assist others in the performance of these acts. 2. Buy or sell, fraudulently obtain, or furnish any re…

A licensed nurse may delegate medication administration to a person exempt under subsections 9 and 13 of section 43-12.1-04.

A nurse may supervise and delegate nursing interventions to an individual exempt under subsection 13 of section 43-12.1-04.

1. The board shall adopt and enforce administrative rules establishing standards for nursing education programs leading to initial or advanced licensure. In-state programs must be approved by the board. Out-of-state programs must be approved by the state board of nursing of the j…

Repealed by S.L. 2013, ch. 321, § 12.

Expired under S.L. 2003, ch. 361, § 10.

Repealed by S.L. 2013, ch. 321, § 12.

The department of health and human services shall administer student loan repayment programs, as established by this chapter, for health care professionals willing to provide services in areas of this state that have a defined need for such services.

The department of health and human services shall develop an application process for public and private entities seeking to fill health care needs and for health care professionals willing to provide necessary services in exchange for benefits under a student loan repayment progr…

1. The department of health and human services shall establish criteria to be used in selecting public and private entities for participation in a program. The criteria must include: a. The number of health care professionals, by specified field, already providing services in the…

In selecting public and private entities for participation in a program the department of health and human services shall give priority to an entity that: 1. Meets the selection criteria; 2. Is located in an area that is statistically underserved; and 3. Is located at least twent…

1. The department of health and human services shall establish criteria to be used in selecting health care professionals for participation in a student loan repayment program. The criteria must include: a. The health care professional's specialty; b. The need for the health care…

1. The department of health and human services shall enter a contract with a selected health care professional. The department of health and human services shall agree to provide student loan repayments on behalf of the selected health care professional subject to the requirement…

1. The department of health and human services may: a. Receive and expend any gifts, grants, and other funds for the purposes of this program; b. Participate in any federal programs providing for the repayment of student loans on behalf of health care professionals; and c. Do all…

ARTICLE I - FINDINGS AND DECLARATION OF PURPOSE 1. The party states find that: a. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; b. Violations of nurse licens…

ARTICLE I - FINDINGS AND DECLARATION OF PURPOSE 1. The party states find that: a. The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse licensure requirements and the effectiveness of enforcement activities related to…

As used in this chapter: 1. "Board" means the state board of pharmacy. 2. "Manufacturer" means any person engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug. 3. "Pharmacy distributor" means any pha…

No person may knowingly purchase or receive any prescription drug from any source other than a wholesale drug distributor, manufacturer, pharmacy distributor, pharmacy, or other person licensed pursuant to the laws of this state except when otherwise provided. A person violating …

The board shall appoint a wholesale drug distributor advisory committee composed of three members. One member must be a representative of a pharmacy and may be a pharmacy distributor, but may not be an employee of the board. One member must be a representative of wholesale drug d…

The board shall mail an application for license renewal to each licensee before the first day of the month in which the license expires. If application for renewal of the license, along with required fee, is not received by the board before the first day of the following month, t…

Every rule adopted by the board with respect to implementation of this chapter must conform to the wholesale drug distributor licensing guidelines formally adopted by the United States food and drug administration. In case of conflict between a rule adopted by the board and a gui…

If the board determines that a wholesale drug distributor or wholesale pharmacy distributor has committed an act or is engaging in a course of conduct which constitutes a clear and present danger to the public health and safety in this state, the board may restrict or suspend the…

Upon proper application by the board, a court of competent jurisdiction may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from offering to engage or engaging in the performance of any acts or practices for which a certificate of r…

In addition to the definitions under section 43-15-01, in this chapter unless the context otherwise requires: 1. "Donor" means a person that donates to the program legend drugs, devices, or supplies needed to administer such drugs. 2. "Participant" means a practitioner or pharmac…

1. The state board of pharmacy shall establish and contract with a third party to administer a legend drug donation and repository program. 2. The board may develop and maintain a participant registry for the program. A participant registry created under this subsection must incl…

1. A donor may donate legend drugs, devices, or supplies to the program through a practitioner or pharmacy that meets the criteria established for such participation. Legend drugs, devices, or supplies may not be donated directly to a specific patient and donated items may not be…

1. A drug donated, prescribed, or dispensed under the program must be in the original, unopened, sealed, and tamper-evident unit dose packaging, except a drug packaged in single-unit doses may be accepted and dispensed if the outside packaging has been opened and the single-unit-…

1. A participant that accepts donated legend drugs, devices, or supplies under the program shall comply with all applicable provisions of state and federal law relating to the storage, distribution, and dispensing of the donated legend drugs, devices, or supplies. 2. A participan…

1. A donor of legend drugs, devices, or supplies, or any participant in the program, that exercises reasonable care in donating, accepting, distributing, prescribing, and dispensing legend drugs, devices, or supplies under the program and the rules adopted to implement this chapt…

1. A participant shall retain separate records detailing the receipt, distribution, and dispensing of legend drugs, devices, and supplies under this program. 2. The records of receipt must include: a. The name and address of the donor; b. The drug name and strength; c. The manufa…

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…

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…

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…

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…

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 …

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…

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;…

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…

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…

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,…

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 …

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 …

As used in this chapter: 1. "Board" means the state board of pharmacy. 2. "Compound" means the preparation, mixing, assembling, packaging, or labeling of a drug or device. 3. "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V as set ou…

The provisions of this chapter do not apply to the following: 1. A pharmacist or a pharmacy participating in the practice of pharmacy. 2. A licensed veterinarian or a veterinarian's practice.

A person, copartnership, association, corporation, or limited liability company may not open, establish, operate, maintain, or do business in the state of North Dakota, a veterinary retail facility without first obtaining a permit to do so from the board. Application for a permit…