# Title 61 — State Board of Pharmacy

## Article 61-04 — Professional Practice

## Chapter 61-04-04 — Unprofessional Conduct

### § 61-04-04-01. Definition of unprofessional conduct.

The definition of "unprofessional conduct" for purposes of subdivision i of subsection 1 of North
Dakota Century Code section 43-15-10 for disciplinary purposes includes, but is not limited to, the
following:
1. The violating or attempting to violate, directly, indirectly, through actions of another, or
assisting in or abetting the violation of, or conspiring to violate, any provision or term of North
Dakota Century Code chapter 43-15, the Prescription Drug Marketing Act, the
Robinson-Patman Act, or of the applicable federal and state laws and rules governing
pharmacies or pharmacists.
2. Failure to establish and maintain effective controls against diversion of prescription drugs into
other than legitimate medical, scientific, or industrial channels as provided by state or federal
laws or rules.
3. Making or filing a report or record which a pharmacist or pharmacy knows to be false,
intentionally or negligently failing to file a report or record required by federal or state law, or
rules, willfully impeding or obstructing such filing, or inducing another person to do so. Such
reports or records include only those which the pharmacist or pharmacy is required to make or
file in the capacity as a licensed pharmacist or pharmacy.
4. Being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of
drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or
physical condition. A pharmacist affected under this subsection shall at reasonable intervals
be afforded an opportunity to demonstrate that the pharmacist can resume the competent
practice of pharmacy with reasonable skill and safety to the pharmacist's customers.
5. Knowingly dispensed a prescription drug after the death of a patient.
6. Using a facsimile machine to circumvent documentation, authenticity, verification, or other
standards of pharmacy practice.
7. Billing or charging for quantities greater than delivered, or for a brand when a generic is
dispensed.
8. Submits fraudulent billing or reports to a third-party payor of prescription charges.
9. Refuses to provide information or answer questions when requested to do so by the patient,
which affect the patient's use of medications prescribed and dispensed by the pharmacy.
10. Does not address or attempt to resolve and document a possible prescription error or situation
of potential harm to the patient when apparent or should have been apparent to the
pharmacist.
11. Does not attempt to affect the possible addiction or dependency of a patient to a drug
dispensed by the pharmacist, if there is reason to believe that patient may be so dependent or
addicted.
12. The assertion or inference in a public manner of material claims of professional superiority in
the practice of pharmacy that cannot be substantiated.

13. The publication or circulation of false, misleading, or otherwise deceptive statements
concerning the practice of pharmacy.
14. Refusing to compound and dispense prescriptions that may reasonably be expected to be
compounded or dispensed in pharmacies by a pharmacist.
15. Participation in agreements or arrangements with any person, corporation, partnership,
association, firm, or others involving rebates, kickbacks, fee-splitting, or special charges in
exchange for professional pharmaceutical services, including, but not limited to, the giving,
selling, donating, or otherwise furnishing or transferring, or the offer to give, sell, donate, or
otherwise furnish or transfer money, goods, or services free or below cost to any licensed
health care facility or the owner, operator, or administrator of a licensed health care facility as
compensation or inducement for placement of business with that pharmacy or pharmacist.
Monetary rebates or discounts which are returned to the actual purchaser of drugs as a
cost-justified discount or to meet competition are permitted if the rebates of discounts conform
with other existing state and federal rules and regulations.
16. Discriminating in any manner between patients or groups of patients for reasons of religion,
race, creed, color, sex, age, or national origin.
17. Disclosing to others the nature of professional pharmaceutical services rendered to a patient
without the patient's authorization or by order or direction of a court or as otherwise permitted
by law. This does not prevent pharmacies from providing information copies of prescriptions to
other pharmacies or to the person to whom the prescription was issued and does not prevent
pharmacists from providing drug therapy information to physicians for their patients.
18. Improper advertising. Prescription drug price information may be provided to the public by a
pharmacy, if all the following conditions are met: No representation or suggestion concerning
the drug's safety, effectiveness, or indications for use, is made. No reference is made to
controlled substances listed in schedules II-V of the latest revision of the Federal Controlled
Substances Act, North Dakota Uniform Controlled Substances Act, and the rules of the state
board of pharmacy.
19. Failure to report to the prescription drug monitoring program as required by North Dakota
Century Code chapter 19-03.5.
20. Failure to comply with the reporting requirement of North Dakota Century Code section
43-15-42.3, including:
a. Actions that affect the licensee's or registrant's practice privileges in a facility.
b. Actions that result in the loss of the licensee's or registrant's employment or membership
in a professional organization due to alleged incompetence, negligence, unethical or
unprofessional conduct, or physical, mental, or chemical impairment.
c. Actions based on a professional liability claim against the licensee or registrant, such as
an adverse judgment or settlement, a refusal to issue or renew coverage, or a
cancellation of coverage.
d. Actions resulting in the loss of the licensee's or registrant's authorization to practice by
any state or jurisdiction.
e. Conviction of the licensee or registrant of any misdemeanor or felony in this or any other
state, territory, or jurisdiction.
21. Notwithstanding any other provision, a practitioner who diagnoses a sexually transmitted
disease, such as chlamydia, gonorrhea, or any other sexually transmitted infection, in an

individual patient may prescribe or dispense, and a pharmacist may dispense, prescription
antibiotic drugs to that patient's sexual partner or partners, without there having been an
examination of that patient's sexual partner or partners.
22. Improper marketing. Utilizing an entity for the purpose of soliciting prescriptions from a
consumer, patient, or provider without the involvement of a pharmacist at the pharmacy
intervening with the patient to determine clinical appropriateness of any additional
prescription.
Interpretation of this definition of unprofessional conduct is not intended to hinder or impede the
innovative practice of pharmacy, the ability of the pharmacist to compound, alter, or prepare
medications, subsequent to a practitioner's order for the appropriate treatment of patients. Further, it is
not intended to restrict the exercise of professional judgment of the pharmacist when practicing in the
best interest of the pharmacist's patient.
History: Effective November 1, 1991; amended effective December 1, 2003; October 1, 2007;
January 1, 2009; January 1, 2022.
General Authority: NDCC 28-32-02, 43-15-10(1)(i)(12)(14)
Law Implemented: NDCC 28-32-02
