Title 43, Occupations and Professions

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…

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…

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…

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…

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…

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 …

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…

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

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.

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…

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…

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

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…

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 …

A pharmacist, pharmacy permitholder, pharmacy intern, pharmacy technician, health care institution in the state, state agency, or law enforcement agency in the state having actual knowledge that a pharmacist, pharmacy intern, or pharmacy technician may have committed any of the g…

The board may not take disciplinary action against a pharmacist based solely on the pharmacist dispensing ivermectin for the off-label treatment or prevention of severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2, or any mutation or viral fragments of SARS-C…

Any pharmacist in this state, who in putting up any drug or medicine, willfully or negligently: 1. Omits to label the drug or medicine; 2. Puts an untrue label, stamp, or other designation of contents upon the box, bottle, or package containing the drug or medicine; 3. Substitute…

Any person who willfully violates any of the provisions of this chapter for which another penalty is not specifically provided is guilty of a class B misdemeanor.

In any order or decision issued by the board in resolution of a disciplinary proceeding, the board may direct any certificate holder, permitholder, or licenseholder, or any pharmacy or pharmacist found not in compliance, guilty, or in violation of one or more of the grounds set f…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Board" means the North Dakota board of medicine. 2. "Licensee" means a physician, resident physician, or physician assistant licensed to practice in this state or a physician assistant privilege…

The provisions of this chapter do not apply to the following: 1. The domestic administration of family remedies. 2. Dentists practicing their profession when properly licensed. 3. Optometrists practicing their profession when properly licensed. 4. The practice of christian scienc…

1. An individual providing the services of a physician assistant under this chapter to a patient located in this state shall possess an active North Dakota license for physician assistant practice or be privileged to practice in this state under chapter 43-17.5. The board shall a…

1. An individual may not use the title of "doctor of medicine", "medical doctor", "doctor of osteopathic medicine", "osteopathic physician", "physician", "M.D.", or "D.O." unless the individual is licensed as a physician or resident physician under this chapter. 2. An individual …

The practice of medicine is deemed to occur in the state the patient is located. A practitioner providing medical care to a patient located in this state is subject to the licensing and disciplinary laws of this state and shall possess an active North Dakota license for the pract…

1. A physician licensed in good standing to practice in another state is exempt from the licensure requirements of this chapter if the physician: a. Has a written or oral agreement with a sports team to provide care to team members and coaching staff traveling with the team for a…

Resident physicians of medicine or osteopathy who are continuing their training and performing the duties of a resident in a hospital or institution maintained and operated by the state, an agency of the federal government, or a residency program accredited by the accreditation c…

1. The governor shall appoint a North Dakota board of medicine consisting of fifteen members; ten physicians, nine of whom are doctors of medicine and one of whom is a doctor of osteopathy; two physician assistants; one naturopath; and two public members. If no osteopathic physic…

The term of office of each member of the board is four years and until a successor is appointed and qualified. The terms must be so arranged that no more than four terms expire on the thirty-first of July of each year. The governor shall fill all vacancies by appointment but in c…

1. The governor for good cause shown and upon the recommendation of three-fourths of the members of the North Dakota board of medicine may remove any member of such board for misconduct, incapacity, or neglect of duty. 2. If a member of the board is consistently absent from board…

The board shall elect a president and vice president from its own number and employ an executive director to provide administrative services to the board.

The board shall hold at least three meetings in each calendar year and may call such special meetings as may be necessary. The meetings must be held at such places as the board may designate.

In addition to any other powers, the board may: 1. Employ or contract with one or more organizations or agencies known to provide acceptable examinations for the preparation and scoring of required examinations relating to physician licensure, and employ or contract with one or m…

A member of the board, acting in that capacity or as a member of any committee of the board, may not participate in the making of any decision or the taking of any action affecting that member's personal, professional, or pecuniary interest, or that of a known relative or busines…

The board shall keep a record of all of its proceedings and applications for license. Failure of an applicant to submit a completed application within one year is grounds to discontinue processing the application, and records will be disposed of unless otherwise approved by the c…

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

1. A member of the board shall receive for each day during which the member actually is engaged in the performance of the duties of the member's office such per diem as must be fixed by the board and as provided in sections 44-08-04 and 54-06-09. 2. The executive director of the …

In order to obtain a license to practice medicine in this state, an application must be made to the board through the executive director. The application must be upon the form adopted by the board and must be made in the manner prescribed by it.

1. General. Every applicant for licensure shall file a written application, on forms provided by the board, showing to the board's satisfaction that the applicant satisfies all of the requirements of this chapter including: a. Successful completion of a medical licensure examinat…

1. An applicant shall file with the executive director of the board a completed application and shall pay to the executive director the application fee. No person may engage in the practice of medicine in this state without a current license issued by the board. 2. Each licensee …

The fee for any individual seeking licensure or renewal in the state must be fixed by regulation of the board. All fees must be paid to and held by the executive director of the board and are subject to disbursement by the board in performing its duties.

A physician seeking to renew the physician's license who has failed to complete the renewal application within the time specified by the board must be assessed a fee up to three times the normal licensure fee, in addition to such other penalties as are authorized by law, if that …

1. The board shall promote a high degree of competence in the practice of medicine by establishing rules requiring every physician licensed in the state to fulfill continuing education requirements. Compliance with these rules must be documented at such times and in such manner a…

1. A licensee shall retain all medical records, unless otherwise appropriately transferred to another licensee or entity, for at least seven years from the last date of service for each patient, except as otherwise required by law. 2. The board may adopt rules to implement record…

The board is authorized to take disciplinary action against a licensed physician by any one or more of the following means, as it may find appropriate: 1. Revocation of license. 2. Suspension of license. 3. Probation. 4. Imposition of stipulations, limitations, or conditions rela…

1. Disciplinary action may be imposed against a physician upon any of the following grounds: a. The use of any false, fraudulent, or forged statement or document, or the use of any fraudulent, deceitful, dishonest, or immoral practice, in connection with any of the licensing requ…

In any order or decision issued by the board in resolution of a disciplinary proceeding in which disciplinary action is imposed against a physician or physician assistant, the board may direct any physician or physician assistant to pay the board a sum not to exceed the reasonabl…