Title 19 — Foods, Drugs, Oils, and Compounds

1. "Controlled substance" means a substance as defined in section 19-03.1-01. 2. "Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance. 3. "Imitation controlled substance" means a substance that…

When the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" as in the case of a powder or a liquid substance, the court or authority concerned should consider, in addition to all other logically releva…

1. It is a class C felony for any person to manufacture, distribute, or possess with intent to distribute, an imitation controlled substance. 2. It is a class C felony for a person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in an…

As used in this chapter, unless the context otherwise requires: 1. "Board" means the North Dakota board of medicine. 2. "Pain" means acute pain and chronic pain. Acute pain is the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus and…

Notwithstanding any other provision of law, a physician may prescribe or administer controlled substances to a patient in the course of the physician's treatment of the patient for pain. A physician shall keep records of purchases and disposals of controlled substances prescribed…

This chapter does not apply to a person being treated by a physician for a substance use disorder because of the person's use of controlled substances not related to treatment for pain. This chapter does not authorize a physician to prescribe or administer any drug legally classi…

This chapter does not limit the authority of the board to cancel, revoke, or suspend the license of any physician who: 1. Prescribes or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescr…

In this chapter, unless the context otherwise requires, "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, conv…

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors: 1. Statements by an owner or by anyone in control of the object concerning its use. 2. Prior convictions, if any, of an owner, o…

1. A person may not use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of chapte…

A person may not deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, if that person knows or should reasonably know that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, conve…

A person eighteen years of age or over may not deliver drug paraphernalia, in violation of this chapter, to a person under eighteen years of age who is at least three years the deliverer's junior. Any person violating this section is guilty of a class C felony.

A person may not place an advertisement in any newspaper, magazine, handbill, or other publication if that person knows or should reasonably know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug par…

Possession of more than twenty-four grams of a methamphetamine precursor drug or combination of methamphetamine precursor drugs calculated in terms of ephedrine HCI and pseudoephedrine HCI is prima facie evidence of intent to violate sections 19-03.4-03 and 19-03.4-04. This secti…

1. "Board" means the state board of pharmacy. 2. "Central repository" means a place where electronic data related to the prescribing and dispensing of controlled substances is collected. 3. "Controlled substance" means a drug, substance, or immediate precursor defined in section …

1. The board shall establish and maintain a program for the monitoring of prescribing and dispensing of all controlled substances. 2. Each dispenser shall submit to the board by electronic means information regarding each prescription dispensed for a controlled substance. The boa…

1. Information submitted to the central repository is confidential and may not be disclosed except as provided in this section. 2. The board shall maintain procedures to ensure that the privacy, confidentiality, and security of patient information collected, recorded, transmitted…

The board is authorized to contract with another agency of this state or with a private vendor to facilitate the effective operation of the prescription drug monitoring program. Any contractor is bound to comply with the provisions regarding confidentiality of prescription drug i…

Nothing in this chapter requires a prescriber or dispenser to obtain information about a patient from the central repository prior to prescribing or dispensing a controlled substance. A prescriber, dispenser, or other health care practitioner may not be held liable in damages to …

1. a. The board shall review the information received by the central repository to determine if there is reason to believe: (1) A prescriber or dispenser may have engaged in an activity that may be a basis for disciplinary action by the board or regulatory agency responsible for …

1. An advisory council is established to advise and make recommendations to the board regarding how to best use the program to improve patient care and foster the goal of reducing misuse, abuse, and diversion of controlled substances; to encourage cooperation and coordination amo…

The board may provide data in the central repository to a practitioner or controlled substances monitoring system in another state, if the disclosure to a practitioner or the prescription drug monitoring program located in this state is authorized by this chapter.

1. The state board of pharmacy may adopt rules that set forth the procedures and methods for implementing the prescription drug monitoring program under this chapter. 2. Each professional licensing board that is responsible for the licensing of individuals authorized to prescribe…

1. The board may report to a dispenser's licensing board any dispenser who knowingly fails to submit prescription drug monitoring information to the board as required by this chapter or by administrative rule or who knowingly submits incorrect prescription information to the boar…

For the purposes of this chapter: 1. "Entity" means a managed care company, an insurance company, a third-party payer, a pharmacy benefits manager, or any other organization that represents an insurance company, a third-party payer, or a pharmacy benefits manager. 2. "Insurance c…

1. An entity conducting an audit of a pharmacy shall: a. If conducting an onsite audit, give the pharmacy a written notice at least fourteen business days before conducting an initial audit. b. If the audit involves clinical or professional judgment, ensure the audit is conducted…

1. This chapter applies to claims adjudicated after July 31, 2011. 2. This chapter does not apply to any audit, review, or investigation that is initiated based upon alleged fraud, willful misrepresentation, or abuse, including: a. Insurance fraud as defined in chapter 26.1-02.1.…

Any person violating this chapter is guilty of a class B misdemeanor.

As used in this chapter: 1. "Gleaner" means a person that harvests for free distribution an agricultural crop that has been donated by the owner. 2. "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or phy…

The good-faith donor of any perishable food, apparently fit for human consumption at the time of donation, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption at the time of donation, …

A bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and distributes it at no charge, is not subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from th…

1. Any bona fide charitable or nonprofit organization, that receives any perishable food pursuant to this chapter, may not sell or offer to sell any of the food. This subsection does not apply to food products which comply with all maturity, quality, size, standard pack container…

Upon the request made by a bona fide charitable or nonprofit organization receiving perishable food under this chapter, a representative from the county health district where the organization is located or the department shall provide inspection of the food received to determine …

In this chapter, unless the context or subject matter otherwise indicates: 1. The terms "honey", "liquid or extracted honey", "strained honey", or "pure honey" are interchangeable and mean the nectar of plants that has been transformed by and is the natural product of the honeybe…

No person may sell, keep for sale, or offer for sale any product which: 1. Resembles honey and is labeled as "honey". 2. Is not pure honey and is labeled with a picture or drawing of a bee, beehive, or honeycomb. 3. Contains a mixture of honey and any other ingredient and is labe…

Products which do not resemble honey but which contain honey as an ingredient may include the word "honey" in the name of the product. The relative position of the word "honey" in the product name must be determined by the predominance of honey as an ingredient.

Notwithstanding subsection 3 of section 19-02.1-10, the word "imitation" may not be used in the name of a product which resembles honey regardless of whether or not the product contains honey.

The department shall enforce the provisions of this chapter.

Any person who violates any provision of this chapter is guilty of a class B misdemeanor.

No person may sell at retail any potatoes which are artificially colored. For purposes of this chapter, the terms defined in this section have the meanings therein ascribed to them. 1. "Person" means a natural person, partnership, corporation, limited liability company, or other …

The department shall prescribe by regulation the meaning of "artificial coloring".

Any person who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

As used in this chapter, unless the context indicates otherwise: 1. "Advanced practice registered nurse" means an advanced practice registered nurse defined under section 43-12.1-02. 2. "Agent" means an individual who is authorized to act for, in place of, or on behalf of a compa…

The department shall establish and implement a medical marijuana program under this chapter to allow for production and processing, the sale and dispensing of usable marijuana, and medical use of marijuana. A person may not produce or process or sell, possess, transport, dispense…

1. A qualifying patient is not eligible to purchase, use, or possess usable marijuana under the medical marijuana program unless the qualifying patient has a valid registry identification card. 2. A qualifying patient application for a registry identification card is complete and…

In lieu of the written certification required under section 19-24.1-03, a veteran receiving treatment from a federal veterans' affairs entity may submit to the department a copy of the veterans' affairs medical records identifying a diagnosis of a debilitating medical condition a…

In lieu of the written certification required under section 19-24.1-03, an individual admitted into the hospice program as defined in chapter 23-17.4 may submit to the department a copy of the individual's medical records identifying a designation of being admitted into the hospi…

In lieu of the written certification required under section 19-24.1-03, a nonresident who holds a valid out-of-state medical marijuana card issued by the state in which the nonresident resides, may submit to the department a copy of the nonresident's out-of-state department- appr…

1. A designated caregiver is not eligible to purchase, assist in the use of, or possess usable marijuana under the medical marijuana program unless the designated caregiver has a valid registry identification card. 2. A designated caregiver application is complete and eligible fo…

The department may waive the requirement for a registered designated caregiver to obtain a criminal history record check under section 12-60-24 if the registered designated caregiver is solely assisting a registered qualifying patient whose debilitating medical condition is a ter…