# Title 63 — Board of Podiatric Medicine

## Article 63-06 — Prescriptive Practices

## Chapter 63-06-01 — Prescription Drug Monitoring Program Rule

### § 63-06-01-01. Prescription drug monitoring program rule.

1. Every podiatrist with a drug enforcement agency registration number shall register with the
prescription drug monitoring program.
2. a. When a podiatrist determines reported drugs will be prescribed to a patient for a period to
exceed twelve weeks, the podiatrist shall request a prescription drug monitoring program
report for that patient and, at a minimum, at least semiannually thereafter.
b. This requirement does not apply to reported drugs prescribed to patients in a controlled
setting in which the drugs are locked and administered to the patient, for example,
admitted hospital or hospice patients, long-term care patients or group home residents.
3. In addition to those reports requested under subsection 2, podiatrists shall request a
prescription drug monitoring program report when it is documented in the prescribing
podiatrist's medical record for that patient that the patient exhibits signs associated with
diversion or abuse, including:
a. Selling prescription drugs;
b. Forging or altering a prescription;
c. Stealing or borrowing reported drugs;
d. Taking more than the prescribed dosage of any reported drug;
e. Having a drug screen that indicates the presence of additional or illicit drugs;
f. Being arrested, convicted, or diverted by the criminal justice system for a drug-related
offense;
g. Receiving reported drugs from providers not reported to the treating podiatrist;
h. Having a law enforcement or health professional express concern about the patient's use
of drugs.
i. Violating any prescribing agreement with the podiatrist;
j. Frequently requests early refills of a reported drug for any reason;
k. Appears impaired or excessively sedated to the podiatrist in any patient encounter; and
l. Has a history of drug abuse dependency.
4. A podiatrist shall document the receipt and assessment of prescription drug monitoring
program reports made under this rule.

History: Effective October 1, 2020.
General Authority: NDCC 43-05-08
Law Implemented: NDCC 19-03.5-09
