# Title 61 — State Board of Pharmacy

## Article 61-04 — Professional Practice

## Chapter 61-04-13 — Patient Consultation Requirements

### § 61-04-13-01. Patient consultation requirements.

Each prescription dispensed by a pharmacy serving patients in the state and each out-of-state
pharmacy providing prescriptions by mail to patients in the state must provide the following in regard to
consultation:
1. Provide consultation by a pharmacist or intern on each new prescription dispensed.
2. Provide consultation by a pharmacist or intern on each refill prescription dispensed. Pursuant
to section 61-02-07.1-05, screening a patient for consultation on a refilled prescription can be
completed by a registered technician.
3. Counseling can be provided to the patient or the patient's agent.
4. For a refilled prescription, when the patient or their agent is not available at the time of
dispensing, the pharmacy must supply written or electronic materials and a toll-free phone
number for the patient or their agent to contact the pharmacist.
5. For a new prescription being dispensed by mail to a patient, the pharmacy must supply written
or electronic materials and a toll-free phone number for the patient or their agent to contact
the pharmacist. A pharmacist shall assess whether it is appropriate to engage the patient or
the patient's agent through a telephone conversation or if written material accompanying the
prescription is appropriate.
6. This section does not apply to prescriptions for patients exempted in North Dakota Century
Code section 43-15-31.2.
7. Failure to provide proper consultation under this section is considered unprofessional conduct
by the pharmacy and pharmacist under subsection 9 of section 61-04-04-01 and is subject to
disciplinary action.
History: Effective July 1, 2017.
General Authority: NDCC 28-32-02, 43-15-10(1)(12), 43-15-31.2, 43-15-34, 43-15-35
Law Implemented: NDCC 28-32-02, 43-15-10(1)(12), 43-15-31.2, 43-15-34, 43-15-35
