# Title 56 — Optometry, Board of

## Article 56-02 — Optometrist Licensure

## Chapter 56-02-07 — Prescription Drug Monitoring Program

### § 56-02-07-01. Optometrist prescribers and use of the prescription drug monitoring program.

Subject to the exceptions described in section 56-02-07-02, prior to the initial prescribing of any
controlled substance, including samples, an optometrist authorized by the drug enforcement
administration to prescribe, administer, sign for, dispense, or procure pharmaceuticals shall authorize
an employee to review or personally request and review the prescription drug monitoring program
report for all available prescription drug monitoring program data on the patient within the previous
twelve months, and shall do all of the following:
1. Review the patient's prescription drug monitoring program data if the patient requests early
refills or demonstrates a pattern of taking more than the prescribed dosage.
2. Review the patient's prescription drug monitoring program data if there is a suspicion of or a
known drug overuse, diversion, or abuse by the patient.
3. Document the assessment of the patient's prescription drug monitoring program data.
4. Discuss the risks and benefits of the use of controlled substances with the patient, the
patient's parent if the patient is an unemancipated minor child, or the patient's legal guardian
or health care surrogate, including the risk of tolerance and drug dependence.
5. Request and review prescription drug monitoring program data on the patient if the
practitioner becomes aware a patient is receiving controlled substances from multiple
prescribers.
6. Request and review the patient's prescription drug monitoring program data if the prescriber
has a reasonable belief the patient may be seeking the controlled substance, in whole or in
part, for any reason other than the treatment of an existing medical condition.
History: Effective January 1, 2020.
General Authority: NDCC 43-13-01(5); 43-13-13
Law Implemented: NDCC 19-03.5-09; 43-13-13(2)
### § 56-02-07-02. Exceptions to the review requirement.

An optometrist may not be required to review a patient's prescription drug monitoring program data
if any of the following apply:
1. The controlled substance is prescribed or dispensed for a patient who is currently receiving
hospice care.
2. The optometrist obtains a report through a board-approved risk assessment tool for health
care providers that accesses patient prescription information from prescription drug monitoring
program databases, analyzes the data, and provides a risk-based score that includes
prescription drug monitoring program data.
3. The optometrist prescribes a controlled substance after the performance of a primary eye care
procedure and no more than a seventy-two hour supply of the controlled substance is
prescribed.

History: Effective January 1, 2020.
General Authority: NDCC 43-13-01(5); 43-13-13
Law Implemented: NDCC 19-03.5-09; 43-13-13(2)
