# Title 43 — Occupations and Professions

## Chapter 43-15 — Pharmacists

### § 43-15-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Administration" means the direct application of a drug to the body of a patient. The
term includes:
a. The emergency maintenance of a drug delivery device used in home infusion
therapy by a qualified home pharmacist if nursing service is not available;
b. Immunization and vaccination by injection of an individual who is at least three
years of age upon an order by a practitioner authorized to prescribe such a drug
or by written protocol with a physician or nurse practitioner and subsequently
reported as a childhood immunization and other information if required to the
state's immunization information system pursuant to section 23-01-05.3;
c. Provision of other drugs to an individual who is at least three years of age upon
the order of a practitioner authorized to prescribe such a drug; and
d. Provision of drugs to an individual receiving emergency services in a health care
facility upon an order or by established written protocol.
2. "Automated dispensing system" means a mechanical system that performs operations
or activities, other than compounding or administration, relative to the storage,
packaging, counting, labeling, and dispensing of medications and which collects,
controls, and monitors all transaction information.
3. "Board" means the state board of pharmacy.
4. "Compounding" means the preparation, mixing, assembling, packaging, or labeling of
a drug or device:
a. As the result of a practitioner's prescription drug order or initiative based on the
practitioner, patient, and pharmacist relationship in the course of professional
practice; or
b. For the purpose of, or as an incident to, research, teaching, or chemical analysis
and not for sale or dispensing.
Compounding also includes the preparation of drugs or devices in anticipation of
prescription drug orders based on routine, regularly observed prescribing patterns.
5. "Confidential information" means individually identifiable health information maintained
by the pharmacist in the patient's records or which is communicated to the patient as
part of a patient counseling.
6. "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a drug
or device from one person to another, whether or not for a consideration.
7. "Device" means an instrument, apparatus, implement, machine, contrivance, implant,
in vitro reagent, or other similar or related article, including any component part or
accessory, which is required under federal or North Dakota law to be prescribed by a
practitioner and dispensed by a pharmacist.
8. "Dispense" or "dispensing" means the preparation and delivery of a prescription drug,
pursuant to a lawful order of a practitioner or a nurse licensed under chapter 43-12.1
who is authorized by the practitioner to orally transmit the order that has been reduced
to writing in the patient's record, in a suitable container appropriately labeled for
subsequent administration to or use by a patient or other individual entitled to receive
the prescription drug.
9. "Distribute" means the delivery of a drug other than by dispensing or administering.
10. "Drug" or "drugs" means:
a. Articles recognized as drugs in the official United States pharmacopeia, official
national formulary, official homeopathic pharmacopeia, other drug compendium,
or any supplement to any of them;
b. Articles intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animal;
c. Articles other than food intended to affect the structure or any function of the body
of man or other animals; and

d. Articles intended for use as a component of any articles specified in
subdivision a, b, or c.
11. "Drug regimen review" includes the following activities:
a. Evaluation of the prescription drug orders and patient records for:
(1) Known allergies;
(2) Rational therapy-contraindications;
(3) Reasonable dose and route of administration; and
(4) Reasonable directions for use.
b. Evaluation of the prescription drug orders and patient records for duplication of
therapy.
c. Evaluation of the prescription drug orders and patient records for interactions:
(1) Drug-drug;
(2) Drug-food;
(3) Drug-disease; and
(4) Adverse drug reactions.
d. Evaluation of the prescription drug orders and patient records for proper
utilization, including overutilization or underutilization, and optimum therapeutic
outcomes.
12. "Emergency pharmacy practice" means in the event a pharmacist receives a request
for a prescription refill and the pharmacist is unable to obtain refill authorization from
the prescriber, the pharmacist may dispense and bill using a pharmacist national
provider identifier a one-time emergency refill of up to a thirty-day supply of the
prescribed medication, provided that:
a. The prescription is not for a controlled substance listed in schedule II;
b. The pharmaceutical is essential to the maintenance of life or to the continuation
of therapy;
c. In the pharmacist's professional judgment, the interruption of therapy might
reasonably produce undesirable health consequences or may cause physical or
mental discomfort;
d. The pharmacist properly records the dispensing; and
e. The dispensing pharmacist notifies the prescriber of the emergency dispensing
within a reasonable time after the one-time emergency refill dispensing.
13. "Labeling" means the process of preparing and affixing of a label to any drug container
exclusive, however, of the labeling by a manufacturer, packer, or distributor of a
nonprescription drug or commercially packaged legend drug or device. Any label shall
include all information required by federal and North Dakota law or regulation.
14. "Manufacture" means the production, preparation, propagation, compounding,
conversion, or processing of a device or a drug, either directly or indirectly by
extraction from substances of natural origin or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis and includes any
packaging or repackaging of the substances or labeling or relabeling of its container,
except that this term does not include the preparation or compounding of a drug by an
individual for the individual's own use or the preparation, compounding, packaging, or
labeling of a drug:
a. By a pharmacist or practitioner as an incident to dispensing or administering of a
drug in the course of the person's professional practice; or
b. By a practitioner or by the practitioner's authorization under supervision for the
purpose of or as an incident to research, teaching, or chemical analysis and not
for sale.
15. "Manufacturer" means a person engaged in the manufacture of drugs in facilities
located within North Dakota.
16. "Medicine" means a drug or combination of drugs, used in treating disease in man or
other animals.
17. "Nonprescription drugs" means medicines or drugs which may be sold without a
prescription and which are prepackaged for use by the consumer and labeled in

accordance with the requirements of the statutes and regulations of this state and the
federal government.
18. "Original package" means the original carton, case, can, box, vial, bottle, or other
receptacle, put up by the manufacturer or wholesaler or distributor, with label attached,
making one complete package of the drug article.
19. "Patient-pharmacist relationship" means the required relationship between a patient
and a pharmacist as defined under the rules of the board which authorizes the
pharmacist to independently prescribe drugs, drug categories, and devices as limited
by this chapter.
20. "Person" means an individual, corporation, limited liability company, partnership,
association, or any other legal entity.
21. "Pharmaceutical care" is the provision of drug therapy and other pharmaceutical
patient care services intended to achieve outcomes related to the cure or prevention of
a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a
disease process as defined in the rules of the board.
22. "Pharmacist" means a person to whom the board has issued a license to practice the
profession of pharmacy whose license has not expired or been suspended.
23. "Pharmacy" or "drugstore" means every store or shop where drugs, medicines, or
chemicals are dispensed, displayed for sale, or sold, at retail for medicinal purposes,
or where prescriptions are compounded, and which is duly registered by the board.
24. "Pharmacy technician" means a person registered by the board who is employed by a
pharmacy to assist licensed pharmacists in the practice of pharmacy by performing
specific tasks delegated by and under the immediate personal supervision and control
of a licensed pharmacist, as permitted by the board.
25. "Practice of pharmacy" means:
a. The interpretation, evaluation, and monitoring of prescription orders and patient
drug therapy;
b. The compounding, dispensing, and labeling of drugs and devices except labeling
by a manufacturer, packer, or distributor of nonprescription drugs and
commercially packaged legend drugs and devices;
c. The participation in drug selection, drug monitoring, drug administration, drug
regimen review, the provision of these acts or services necessary as a primary
health care provider of pharmaceutical care, and drug utilization evaluations;
d. The proper and safe storage of drugs and devices and the maintenance of proper
records for this storage;
e. The responsibility for advising, consulting, and educating if necessary or if
regulated, patients, the public, and other health care providers on the rational,
safe, and cost-effective use of drugs including therapeutic values, content,
hazards, and appropriate use of drugs and devices;
f. The participation in interpreting and applying pharmacokinetic data and other
pertinent laboratory data to design safe and effective drug dosage regimens;
g. If appropriate and regulated, the participation in scientific or clinical drug research
as an investigator or in collaboration with other investigators for the purposes of
studying the effects of drugs on animals or human subjects, with other drugs or
chemicals, and with drug delivery devices;
h. Emergency pharmacy practice;
i. Prescriptive practices as limited under this chapter;
j. The ordering of laboratory tests;
k. The performance of laboratory tests to provide pharmaceutical care services
which are waived under the Federal Clinical Laboratory Improvement Act of 1988
[Pub. L. 100-578, section 2; 102 Stat. 2903; 42 U.S.C. 263a et seq.], as
amended; and
l. The offering or performing of those acts, services, operations, or transactions
necessary in the conduct, operation, management, and control of pharmacy.

26. "Practitioner" means an individual licensed, registered, or otherwise authorized by the
jurisdiction in which the individual is practicing to prescribe drugs in the course of
professional practice.
27. "Prescription" means any order for drugs or medical supplies, if such order is written or
signed or transmitted by word of mouth, telephone, telegram, or other means of
communication by a duly licensed physician, optometrist, dentist, veterinarian, or other
practitioner, licensed by law to prescribe and administer such drugs or medical
supplies intended to be filled, compounded, or dispensed by a pharmacist or any order
for drugs or medical supplies transmitted orally by a nurse licensed under chapter
43-12.1 as written and signed by such a duly licensed physician, optometrist, dentist,
veterinarian, or other practitioner.
28. "Prescription drug or legend drug" means a drug which, under federal law is required,
prior to being dispensed or delivered, to be labeled with one of the following:
a. "Caution: Federal law prohibits dispensing without prescription";
b. "Caution: Federal law restricts this drug to use by or on the order of a licensed
veterinarian"; or
c. Rx only;
or a drug which is required by any applicable federal or North Dakota law or rule to be
dispensed on prescription only or is restricted to use by practitioners only.
29. "Public health issues" include immunizations, tobacco cessation, and other issues
deemed appropriate by the board.
30. "Radiopharmaceutical service" means, but is not limited to, the compounding,
dispensing, labeling, and delivery of radiopharmaceuticals; the participation in
radiopharmaceutical selection and radiopharmaceutical utilization reviews; the proper
and safe storage and distribution of radiopharmaceuticals; the maintenance of
radiopharmaceutical quality assurance; the responsibility for advising, where
necessary or where regulated, of therapeutic values, hazards, and use of
radiopharmaceuticals; and the offering or performing of those acts, services,
operations, or transactions necessary in the conduct, operation, management, and
control of radiopharmaceuticals.
31. "Wholesaler" means a person with facilities located in this state who buys for resale
and distribution to persons other than consumers.
### § 43-15-02. Exemptions.

The provisions of this chapter shall not apply to the following:
1. A duly licensed practitioner of medicine supplying the practitioner's own patients with
such remedies as the practitioner may desire.
2. The exclusive wholesale business of any dealer.
3. The keeping for sale and sale by general dealers of proprietary medicines in original
packages and such simple household remedies as from time to time may be approved
for such sale by the board.
4. Registered or copyrighted proprietary medicines.
5. The manufacture of proprietary remedies or the sale of the same in original packages
by other than pharmacists.
6. A veterinary dispensing technician operating within a veterinary retail facility.
7. An individual licensed as a registered nurse under chapter 43-12.1, in the course of
dispensing oral contraceptive pills, transdermal contraceptive patches, and vaginal
contraceptive rings, pursuant to an order of an authorized prescriber, in the course of
working in a Title X clinic.
### § 43-15-03. Board of pharmacy - Appointment.

The state board of pharmacy consists of seven members appointed by the governor. Five
members of the board must be licensed pharmacists, one member must be a registered
pharmacy technician, and one member must represent the public and may not be affiliated with
any group or profession that provides or regulates any type of health care.

### § 43-15-04. State board of pharmacy - Term of office - Vacancies.

The members of the board must be appointed for terms of five years each, with the terms of
office so arranged that one term only expires on the eighth day of May of each year. Each
member of the board shall qualify by taking the oath required of civil officers and shall hold office
until a successor is appointed and qualified. The governor shall fill any vacancy by appointment
for the unexpired term.
### § 43-15-05. Compensation of board - Disposition of fees.

Each member of the board shall receive a per diem of two hundred dollars for attendance at
board meetings, and all actual and necessary expenses incurred in attending such meetings
and in performing other official duties. The mileage and travel expense allowed may not exceed
the amount provided for in section 54-06-09. All funds collected or received by the board must
be deposited and disbursed in accordance with section 54-44-12.
### § 43-15-06. Organization of board.

1. At the first regular meeting of the board after the appointment and qualification of a
new member for a full term, the board shall elect a president, a secretary, and a
treasurer. The president must be chosen from the membership of the board, but any
suitable person, whether a member of the board or not, may be chosen for the other
offices. In case of the death, removal, resignation, absence, or refusal or inability to act
of the president of the board, the senior member present shall act as president. In
case of the death, removal, resignation, absence, or refusal or inability to act of the
secretary or treasurer, the board may choose another person to act temporarily or for
the remainder of the year. The president of the board of pharmacy shall preside at all
meetings of the board and is responsible for the performance of all of the duties and
functions of the board required or permitted by this chapter. Each additional officer
elected by the board shall perform those duties normally associated with the officer's
position and such other duties assigned from time to time by the board.
2. The board shall employ a pharmacist to serve as a full-time employee of the board in
the position of executive director. The executive director is responsible for the
performance of the administrative functions of the board and such other duties as the
board may direct. The executive director may also serve as secretary and treasurer of
the board.
3. The executive director is authorized to sign on behalf of the board notices, complaints,
statement of charges, stipulations, settlement agreements, findings of fact,
conclusions of law, orders and decisions of the board without additional signatures of
the president of the board or board members.
### § 43-15-07. Officers of board - Bond - Duties - Compensation.

The secretary and treasurer of the board each must be bonded for the faithful discharge of
their duties in the penal sum of not less than two thousand dollars. The president, secretary, and
treasurer of the board shall perform such duties as the board may prescribe. Officers of the
board may be allowed, in addition to their compensation as members of the board, such
compensation as four-fifths of the members of the board agree upon.
### § 43-15-08. Oaths - President may administer.

The president of the board may administer oaths to applicants for registration and to any
witness in hearings, investigations, or proceedings pending before the board.
### § 43-15-09. Meetings - When held - Notice - Quorum.

The board shall hold at least two and not more than four meetings in each calendar year for
the examination of applicants for licensure. The board may hold such other meetings as may be
necessary for the performance of its duties. A special meeting must be held at such time and
place as a majority of the members agree upon, or may be called by the secretary, at the
request of the president or any two members, by giving such notice to the members as the

board may prescribe by its rules and regulations. A majority of the board constitutes a quorum
for the transaction of business.
### § 43-15-10. Powers of board.

In addition to other powers provided by law, the board shall have the following powers and
duties, which shall be exercised in conformity with chapter 28-32 in order to protect the public
health, welfare, and safety:
1. To place on probation, reprimand, or fine any pharmacy, pharmacist, or pharmacy
intern or pharmacy technician; or refuse to issue or renew, or suspend, revoke, restrict,
or cancel, the license, permit, or registration of any pharmacy, pharmacist, or
pharmacy intern or pharmacy technician, if any of the following grounds apply and the
pharmacy, pharmacist, or pharmacy intern or pharmacy technician:
a. Is addicted to any alcohol or drug habit.
b. Uses any advertising statements of a character tending to deceive or mislead the
public.
c. Is subject to drug or alcohol dependency or abuse.
d. Permits or engages in the unauthorized sale of narcotic drugs or controlled
substances.
e. Permits or engages an unauthorized person to practice pharmacy.
f. Is mentally or physically incompetent to handle pharmaceutical duties.
g. Is guilty of fraud, deception, or misrepresentation in passing the pharmacist
examination.
h. Is found by the board in violation of any of the provisions of the laws regulating
drugs, pharmacies, and pharmacists or interns and technicians or the rules and
regulations established by the board.
i. Is found to have engaged in unprofessional conduct as that term is defined by the
rules of the board.
j. Is subject to incapacity of a nature that prevents a pharmacist from engaging in
the practice of pharmacy with reasonable skill, competence, and safety to the
public.
k. Is found guilty by a court of competent jurisdiction of one or more of the following:
(1) A felony, as defined by the statutes of North Dakota.
(2) Any act involving moral turpitude or gross immorality.
(3) Violations of the pharmacy or the drug laws of North Dakota or rules and
regulations pertaining thereto, or of statutes, rules or regulations of any
other state, or of the federal government.
l. Commits fraud or intentional misrepresentation in securing the issuance or
renewal of a license or pharmacy permit.
m. Sells, dispenses, or compounds any drug while on duty and while under the
influence of alcohol or while under the influence of a controlled substance without
a practitioner's prescription.
n. Discloses confidential information to any person, except as authorized by law.
2. To prescribe rules and regulations not inconsistent with this chapter governing the
cancellation or suspension of a license.
3. To examine and license as pharmacist any applicant found entitled to such license.
4. To prescribe rules and regulations for the guidance of its members, officers, and
employees, and to ensure the proper and orderly dispatch of its business.
5. To employ and pay such persons as it may deem necessary to inspect pharmacies in
this state, investigate pharmacies for the information of the board, procure evidence in
any proceeding pending before the board, or procure evidence in aid of any
prosecution or action in any court commenced or about to be commenced by or
against the board in relation to any matter in which the board has any duty to perform.
6. To employ and pay counsel to advise the board or to prosecute or defend any action or
proceeding commenced by or against the board or pending before it.
7. To grant permits and renewals thereof for the establishment and operation of
pharmacies.

8. Only for good cause to cancel, revoke, or suspend permits and renewals thereof for
the establishment and operation of pharmacies.
9. To prescribe reasonable and nondiscriminatory rules and regulations in regard to
granting, renewing, canceling, revoking, or suspending permits and renewals for
establishing and operating pharmacies.
10. Action by the board canceling, revoking, suspending, or refusing to renew a permit to
establish or operate a pharmacy shall not be enforced for thirty days after notice has
been given an aggrieved party by the board, nor during the time that an appeal by
such aggrieved party is pending and until such appeal is finally determined.
11. To prescribe reasonable rules and regulations relating to the physical design of space
occupied by a pharmacy to ensure appropriate control of and safeguards over the
contents of such pharmacy.
12. To regulate and control the practice of pharmacy in North Dakota.
13. To adopt, amend, and repeal rules for the regulation of pharmacies and pharmacists
providing radiopharmaceutical services, including special training, education, and
experience for pharmacists and physical design of space, safeguards, and equipment
for pharmacies.
14. To adopt, amend, and repeal rules determined necessary by the board for the proper
administration and enforcement of this chapter, chapter 19-02.1 as that chapter
pertains to drugs, subject to approval of the commissioner of the department of health
and human services or designee, and chapter 19-03.1.
15. The board or its authorized representatives may investigate and gather evidence
concerning alleged violations of the provisions of chapter 43-15, chapter 19-02.1 that
pertains to drugs, chapters 19-03.1, 19-03.2, and 19-04, or of the rules of the board.
Board investigative files are confidential and may not be considered public records or
open records for purposes of section 44-04-18, until a complaint is filed or a decision
made by the board not to file a complaint.
16. In addition to other remedies, the board may apply to the district court in the
jurisdiction of an alleged violation, and that court has jurisdiction upon hearing and for
cause shown, to grant a temporary or permanent injunction restraining any person
from violating any provision of chapter 43-15, chapter 19-02.1 pertaining to drugs, and
chapter 19-03.1, whether or not there exists an adequate remedy at law. Whenever a
duly authorized representative of the board finds or has probable cause to believe that
any drug or device is adulterated, misbranded, mislabeled, or improperly identified,
within the meaning of chapter 19-02.1, the representative shall affix to that drug or
device a tag or other appropriate marking giving notice that the article is or is
suspected of being adulterated, misbranded, mislabeled, or improperly identified, has
been detained or embargoed and warning all persons not to remove or dispose of
such article by sale or otherwise until provision for removal or disposal is given by the
board or its agents or the court. No person may remove or dispose of such embargoed
drug or device by sale or otherwise without the permission of the board or its agent, or,
after summary proceedings have been instituted, without permission from the court.
17. When a drug or device detained or embargoed has been declared by such
representative to be adulterated, misbranded, mislabeled, or improperly identified, the
board shall, as soon as practical thereafter, petition the district court in whose
jurisdiction the article is detained or embargoed for an order for condemnation of such
article. If the judge determines that the drug or device so detained or embargoed is not
adulterated, misbranded, mislabeled, or improperly identified, the board shall direct the
immediate removal of the tag or other marking. If the court finds the detained or
embargoed drug or device is adulterated, misbranded, mislabeled, or improperly
identified, such drug or device, after entry of the decree, shall be destroyed at the
expense of the owner under the supervision of a board representative and all court
costs and fees, storage, and other proper expense shall be borne by the owner of
such drug or device. When the adulteration, misbranding, mislabeling, or improper
identification can be corrected by proper labeling or processing of the drug or device,
the court, after entry of the decree and after such costs, fees, and expenses have

been paid and a good and sufficient bond has been posted, may direct that such drug
or device be delivered to the owner for labeling or processing under the supervision of
a board representative. Expense of supervision shall be paid by the owner. Bond
posted shall be returned to the owner of the drug or device on representation to the
court by the board that the drug or device is no longer in violation of the embargo and
the expense of supervision has been paid. Nothing in this section shall be construed to
require the board to report violations whenever the board believes the public's interest
will be adequately served in the circumstances by a suitable written notice or warning.
18. The board shall establish a bill of rights for patients concerning the health care
services a patient may expect in regard to pharmaceutical care.
19. To adopt, amend, and repeal rules as may be deemed necessary by the board to
register pharmacy technicians pursuant to qualifications established by the board, to
charge a pharmacy technician an annual registration fee not to exceed fifty dollars, to
specify tasks associated with and included in the practice of pharmacy which may be
delegated by a licensed pharmacist to a registered pharmacy technician, to provide for
suspension or revocation of a pharmacy technician's registration, and to regulate and
control pharmacy technicians. The board may allocate up to fifty percent of the amount
of the registration fee to an appropriate pharmacy technician association for its general
operating expenses, including pharmacy technician education and development
standards.
20. To require the self-reporting by an applicant or a licensee of any information the board
determines may indicate possible deficiencies in practice, performance, fitness, or
qualifications.
21. To require information regarding an applicant's or licensee's fitness, qualifications, and
previous professional record and performance from recognized data sources, including
the national association of boards of pharmacy data bank, other data repositories,
licensing and disciplinary authorities of other jurisdictions, professional education and
training institutions, liability insurers, health care institutions, and law enforcement
agencies be reported to the board. The board may require an applicant for licensure or
a licensee who is the subject of a disciplinary investigation to submit to a statewide
and nationwide criminal history record check. The nationwide criminal history record
check must be conducted in the manner provided by section 12-60-24. All costs
associated with obtaining a background check are the responsibility of the licensee or
applicant.
22. To adopt, amend, and repeal rules as may be deemed necessary by the board to
register veterinary dispensing technicians pursuant to qualifications established by the
board, to charge a veterinary dispensing technician an annual registration fee not to
exceed fifty dollars, to provide for suspension or revocation of a veterinary dispensing
technician's registration, to provide for suspension or revocation of a veterinary retail
facility's license, to regulate and control veterinary retail facilities, and to regulate and
control veterinary dispensing technicians.
23. To establish limited prescriptive authority for individuals to distribute opioid antagonist
kits, also known as "Naloxone rescue kits". If the board establishes limited prescriptive
authority under this subsection, the board shall adopt rules to establish standards that
may include training, certification, and continuing education requirements.
24. To establish limited prescriptive authority through a statewide protocol for public health
issues within the scope of practice for a pharmacist. The board shall adopt rules to
establish standards of care.
### § 43-15-11. Fees deposited with state treasurer - Separate fund - Vouchers.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-15-12. State board of pharmacy - Report.

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

### § 43-15-13. State board of pharmacy - When members may teach pharmacy.

Repealed by S.L. 1995, ch. 407, § 1.
### § 43-15-13.1. North Dakota pharmaceutical association - How governed.

Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-13.2. Membership of North Dakota pharmaceutical association.

Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-13.3. Rights of members of pharmaceutical association.

Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-13.4. Moneys payable from board of pharmacy to North Dakota pharmaceutical

association.
Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-13.5. Method of expenditure of association's funds - Annual report of receipts

and disbursements.
Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-13.6. No liability upon state created by provisions of chapter.

Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-14. Unlawful practice of pharmacy.

1. Applicability. No person may engage in the practice of pharmacy unless licensed to
practice pharmacy under this chapter, except that a registered pharmacy technician
may perform specific tasks delegated by and under the immediate personal
supervision and control of a licensed pharmacist, as permitted under rules adopted by
the board. Physicians or other practitioners as defined in this chapter who are licensed
under the laws of this state may dispense and administer prescription drugs to their
patients in the practice of their respective professions if specifically authorized to do so
by state law.
2. Penalties. Any person who is found by the board to have unlawfully engaged in the
practice of pharmacy is subject to a fine to be imposed by the board not to exceed one
thousand dollars for each offense. Each violation of this chapter or the rules adopted
under this chapter pertaining to unlawfully engaging in the practice of pharmacy also
constitutes a class B misdemeanor.
3. A pharmacy or licensed pharmacist that utilizes the services of a registered pharmacy
technician as permitted by the board, may not be considered as aiding and abetting an
unauthorized person to practice pharmacy; provided, however, that the pharmacy or
licensed pharmacist must retain responsibility for any act performed by a registered
pharmacy technician in the course of the registered pharmacy technician's
employment.
### § 43-15-15. Qualifications of licensed pharmacist.

Every applicant for license as a pharmacist in this state shall have the following
qualifications:
1. Be at least eighteen years of age.
2. Be of good moral character.
3. Be a graduate of a school or college of pharmacy recognized by the board as an
approved school.
Any applicant who is a graduate of a school or college of pharmacy located outside the
United States, whose school or college of pharmacy has not been recognized by the board as
an approved school but who is otherwise qualified to apply for licensure to practice pharmacy in
this state, may be deemed to have satisfied the requirements of subsection 3 by verification to

the board of applicant's academic record and applicant's graduation and by meeting such other
requirements as the board may establish from time to time. The board may require such
applicant to successfully pass an examination or examinations given or approved by the board
to establish proficiency in English and equivalency of education of such applicant with qualified
graduates of a school or college recognized by the board as a prerequisite of taking the
licensure examination provided for in section 43-15-19.
Before a license will be granted by the North Dakota board of pharmacy, the applicant must
have practical experience for a term to be determined by the board in accordance with the
requirements of the national association of boards of pharmacy in a retail pharmacy under the
supervision of a licensed pharmacist, which experience must be predominantly work directly
relating to selling drugs and poisons, compounding of pharmaceutical preparations and
physicians' prescriptions, keeping records, and making reports required under the state and
federal statutes. Any employment of the applicant prior to the applicant's completion of the first
year of study in a college of pharmacy or its equivalent may not be applied in computing the
fulfillment of this requirement.
### § 43-15-16. Exception to qualificational requirements.

Any person qualified to take the examination for licensure as a pharmacist in this state
under the law in effect prior to July 1, 1927, who failed to apply for the examination, upon due
proof to the board that the person was so qualified and that the person is a bona fide resident of
this state, may take the examination. Upon passing the examination in a manner satisfactory to
the majority of the board, such person shall be given a license as a licensed pharmacist.
### § 43-15-17. Qualifications for assistant registered pharmacist.

Repealed by S.L. 1979, ch. 467, § 16.
### § 43-15-18. License of pharmacy intern.

To register in this state a pharmacy intern must have completed one year of college, be
registered in a prepharmacy program, and must be employed by a licensed pharmacist. At the
date of entering into internship, an intern shall file with the executive director of the board the
following certificates accompanied by a fee set by the board:
1. An application stating the applicant has entered into an internship giving the intern's
name, residence, and educational qualifications.
2. A statement from the intern's employer stating that the applicant will be employed by
the pharmacist, as a pharmacy intern, that to the employer's knowledge the applicant
possesses the required education and qualifications.
The executive director of the board shall file the application and license the applicant as a
pharmacy intern.
### § 43-15-18.1. Conviction not bar to license - Exceptions.

Conviction of an offense does not disqualify a person from licensure under this chapter
unless the board determines that the offense has a direct bearing upon a person's ability to
serve the public as a pharmacist or that, following conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.
### § 43-15-19. Examination for license.

Except as otherwise provided in this chapter, every applicant for licensure as a pharmacist,
before receiving a license from the board, shall pass such an examination as to the applicant's
education and professional qualifications as the board shall prescribe.
### § 43-15-20. Fees for examination.

Each applicant for licensure as a pharmacist in this state shall pay to the secretary of the
board before examination a fee to be set by the board not to exceed three hundred dollars. If
the applicant fails to pass a satisfactory examination, the applicant may be re-examined at any

regular meeting of the board, upon the payment of a further fee to be set by the board not to
exceed three hundred dollars.
### § 43-15-21. License - Issuance.

The board shall cause to be issued to each pharmacist in this state whom it finds entitled
thereto, a license showing:
1. The date of issue.
2. The fact that the person to whom it was issued is a licensed pharmacist.
3. The residence of the person to whom the license was issued.
The license must be signed by a majority of the members of the board.
### § 43-15-22. Licensing without examination.

The board, without examination, may register and issue a license as a pharmacist to any
person of good moral character who presents to the board satisfactory evidence that before
coming to this state the applicant legally had been licensed as a pharmacist in another state or
foreign country, in which the requirements for such license with respect to qualifications are
equivalent to the requirements of this state, but the board need not recognize or accept such
license, certificate, or registration as evidence of the applicant's qualifications unless it is
satisfied that the applicant is in fact qualified to be a pharmacist in this state. The board may
deny recognition or acceptance of the license, certificate, or registration of any state or foreign
country which does not accord similar recognition to licentiates of this state. A fee to be set by
the board not to exceed three hundred dollars must be paid prior to licensing without
examination as provided for herein.
### § 43-15-23. Temporary certificate - How obtained.

The secretary of the board, or any member thereof, on request by the secretary in writing,
may examine an applicant orally or in writing and issue a temporary certificate to practice
pharmacy in this state. The certificate must authorize such practice and must be valid until the
next meeting of the board. Only one temporary certificate may be issued to the same applicant,
and no temporary certificate may be issued to any person whose application has been acted on
by the board. The applicant for a temporary certificate shall pay to the person making the
examination the same fee as is provided by this chapter for an examination by the board, and
such fees when paid must be for the benefit of the said board and must be delivered to the
secretary by the person making the examination.
### § 43-15-24. Register.

The secretary of the board shall keep a record or register in which, in addition to such other
matters as the board may require, the secretary shall register each certificate issued under the
provisions of this chapter, the facts appearing in the certificate, and all cancellations or renewals
of the certificate or changes therein.
### § 43-15-25. Term of license - Renewal - Fee - Where displayed.

The license issued by the board to a pharmacist under this chapter, and the registration
thereof, entitles the holder to act in the capacity therein stated for one year unless duly
canceled, suspended, or revoked. Every licensee who desires to retain a license, on or before
the first day of March in each year, shall pay to the secretary of the board a renewal fee in an
amount to be fixed by the board not to exceed one hundred dollars. Upon payment of the fee,
the board shall issue a renewal license. The license and renewal must be displayed in a
conspicuous place in the pharmacy and drugstore where the holder is employed. After a
licensee has held licenses duly issued over a period of fifty consecutive years, the secretary of
the board may issue the licensee a lifetime license that entitles the licensee to act in the
capacity of pharmacist thereafter without further payment unless the license is canceled,
revoked, or suspended.

### § 43-15-25.1. Continuing pharmaceutical education.

1. Each pharmacist shall complete at least fifteen hours of approved continuing
pharmaceutical education every year as a condition of renewal of a certificate of
licensure as a pharmacist in this state.
2. An annual renewal of a license may not be issued to a pharmacist until the pharmacist
has satisfactorily completed an accredited program of continuing professional
education, all of which may be home self-study, during the previous year to help
assure the pharmacist's continued competence to engage in the practice of pharmacy.
The board from time to time shall determine the amount of continuing education to be
required, not to exceed fifteen hours in each annual period. Upon request of the board,
proof of compliance shall be furnished to the board.
3. The board shall adopt rules necessary to carry out the stated objectives and purposes
and to enforce the provisions of this section, which shall include the methods of
determining accredited programs, methods of determining compliancy, any fees, and
such other rules consistent with this section as the board shall determine. This section
and all rules adopted hereunder shall be uniformly applied by the board.
### § 43-15-25.2. Educational requirements - Rules.

The board shall adopt rules establishing the educational requirements and quality control
procedures for pharmacists who conduct laboratory tests provided in subsection 24 of section
### § 43-15-01. These rules must include a requirement that pharmacists receive training for each

specific test performed and a requirement that pharmacists demonstrate proficiency for each
test performed following nationally recognized proficiency guidelines.
### § 43-15-25.3. Approved laboratory tests.

Repealed by S.L. 2025, ch. 655, § 6.
### § 43-15-26. Failure to renew license - Renewal fee - Cancellation of license -

Reinstatement.
If a licensed pharmacist in this state fails to pay the fee for a renewal of a license within the
time required, the secretary of the board shall mail the pharmacist a notice, addressed to the
pharmacist's last-known place of residence, notifying the pharmacist of failure to obtain a
renewal license. The delinquent licenseholder, within sixty days after the notice is mailed, may
procure a renewal license upon the payment of a renewal fee to be set by the board not to
exceed one hundred dollars. If the licenseholder fails to have a license renewed within sixty
days after the notice is mailed, the original or renewal license, as the case may be, becomes
void and the registry thereof must be canceled. The board, on application of the delinquent
licenseholder and upon the payment of all unpaid fees, may authorize the issuance of a new
license without examination, if it is satisfied that the applicant is a proper individual to receive
the same.
### § 43-15-27. Change place of business - Record - Fee.

Every licensed pharmacist, within thirty days after changing a place of business as
designated on the books of the board, shall notify the secretary of the board of the new place of
business and shall accompany the notice with a fee to be set by the board not to exceed
twenty-five dollars. Upon receipt of the fee and the notice of change of place of business, the
secretary shall make the necessary change in the register and issue a receipt for the fee to the
person sending it.
### § 43-15-28. Certificate of registration canceled - Notice of hearing.

Repealed by S.L. 1989, ch. 522, § 2.
### § 43-15-28.1. Temporary suspension - Appeal.

1. If the board has verified evidence that probable cause or grounds for discipline
requires the suspension of a pharmacy permit or license of a pharmacist and if harm to

the public is so imminent and critical that substantial harm could or would likely result if
the permit or license is not suspended prior to a hearing, the board may order a
temporary suspension ex parte.
2. An ex parte temporary suspension remains in effect for not more than sixty days,
unless otherwise terminated by the board.
3. The board shall set the date of a full hearing on the cause and grounds for discipline
regarding the permit or license for not later than sixty days from the issuance of the ex
parte temporary suspension order. Within three days after the issuance of the ex parte
suspension order, the board shall serve the pharmacy or pharmacist with a copy of the
order along with a copy of the complaint and notice of the date set for the full hearing.
4. The pharmacy or pharmacist may appeal the ex parte temporary suspension order
prior to the full hearing. For purposes of appeal, the district court shall decide whether
probable cause or grounds for discipline reasonably requires the temporary
suspension to adequately protect the public interest. The court shall give priority to the
appeal for prompt disposition.
### § 43-15-29. False registration - Penalty.

Any person who procures or attempts to procure license as a pharmacist, for that person or
any other person under this chapter, by making or causing to be made any false
representations, or who falsely or fraudulently represents that the person is licensed, is guilty of
a class A misdemeanor, and in addition to the penalty imposed by the court, shall, if a licensed
pharmacist, have the license canceled by the board.
### § 43-15-30. Licensed pharmacist member of North Dakota pharmaceutical association.

Repealed by S.L. 2009, ch. 365, § 5.
### § 43-15-31. Prescriptions to be filed and preserved.

Every licensed pharmacist in the state shall file, or cause to be filed, any prescription, or a
copy thereof, which has been compounded or dispensed in the pharmacist's pharmacy or
drugstore. The prescription or a copy of the prescription must be preserved for at least five
years after it has been filled. The pharmacist may furnish a copy of any prescription to the party
presenting it on the request of such party only.
### § 43-15-31.1. Patient profile record system.

A patient profile record system must be maintained in all pharmacies for persons for whom
prescriptions are dispensed. The patient profile record system must be devised so as to enable
the immediate retrieval of information necessary to enable the dispensing pharmacist to identify
previously dispensed medication at the time a prescription is presented for dispensing. One
profile card may be maintained for all members of a family living at the same address and
possessing the same family name.
The following information must be recorded:
1. The family name and the first name of the person for whom the medication is intended,
which is the patient.
2. The address of the patient.
3. An indication of the patient's age group, e.g., infant, child, adult.
4. The original date the medication is dispensed pursuant to the receipt of a physician's
prescription.
5. The number or designation identifying the prescription.
6. The prescriber's name.
7. The name, strength, and quantity of the drug dispensed.
8. The initials of the dispensing pharmacist, and the date of dispensing medication as a
renewal (refill) if said initials and such date are not recorded on the back of the original
prescription.

The pharmacist shall attempt to ascertain and shall record any allergies and idiosyncrasies
of the patient and any chronic conditions which may relate to drug utilization as communicated
to the pharmacy by the patient.
Upon receipt of a prescription, a pharmacist must examine the patient's profile record before
dispensing the medication to determine the possibility of a harmful drug interaction or reaction.
Upon recognizing a potential harmful reaction or interaction, the pharmacist shall take
appropriate action to avoid or minimize the problem which shall, if necessary, include
consultation with the physician.
A patient profile record must be maintained for a period of not less than five years from the
date of the last entry in the profile record.
### § 43-15-31.2. Prescription drug information required.

With each prescription dispensed, the licensed pharmacist or the licensed intern
pharmacist, in addition to labeling the prescription in accordance with law, must explain to the
patient or the patient's agent the directions for use and a warning of the potential harmful effect
of combining any form of alcoholic beverage with the medication and any additional information,
in writing if necessary, to assure the proper utilization of the medication or device prescribed.
For those prescriptions delivered outside the confines of the pharmacy, the explanation must be
by telephone or in writing, provided that this does not apply to those prescriptions for patients in
hospitals or institutions where the medication is to be administered by a nurse or other individual
licensed to administer medications, or to those prescriptions for patients who are to be
discharged from a hospital or institution.
### § 43-15-31.3. Oral transmission of prescriptions.

An oral transmission of a prescription drug may be accepted and dispensed by a
pharmacist or licensed pharmacist intern if received from a practitioner, or a nurse licensed
under chapter 43-12.1 who is authorized by the practitioner to orally transmit the prescription, or
a registered dental hygienist or a registered dental assistant who is authorized by the
supervising dentist to orally transmit the prescription. The practitioner shall document the order
for oral transmission in the patient's records. Only a licensed pharmacist or a licensed
pharmacist intern or a registered pharmacy technician may receive an orally transmitted new or
refill prescription.
### § 43-15-31.4. Limited prescriptive practices.

1. A pharmacist has limited prescriptive practices to initiate or modify drug therapy
following diagnosis or established protocols by a licensed physician or an advanced
practice registered nurse, under the supervision of the licensed physician or advanced
practice registered nurse, in accordance with this section. The licensed physician,
advanced practice registered nurse, and the pharmacist must have access to the
patient's appropriate medical records. The care provided to the patient by the
pharmacist must be recorded in the patient's medical records and communicated to
the licensed physician or the advanced practice registered nurse.
2. The licensed physician or advanced practice registered nurse, and the pharmacist,
shall prepare a collaborative agreement concerning the scope of the pharmacist's
prescriptive practices and shall update the agreement if the scope of the pharmacist's
prescriptive practices is modified. The collaborative agreement, or an amendment to
the agreement, is effective if executed by the licensed physician or advanced practice
registered nurse, and the pharmacist.
3. The collaborative agreement may be between a medical director and
pharmacist-in-charge. The medical director and pharmacist-in-charge shall document
and update the agreement for any physician, advanced practice registered nurse, and
pharmacist covered under the agreement.
4. A collaborative agreement must be made available to the respective licensing boards
of the parties to the agreement.

5. The collaborative agreement must include a provision that requires the pharmacist to
immediately notify the licensed physician or advanced practice registered nurse if the
pharmacist initiates or modifies a drug therapy.
### § 43-15-31.5. Administration of drugs - Rules.

A pharmacist who administers drugs must have authority from the board. The board shall
adopt rules to establish educational and operational requirements for a pharmacist to obtain and
maintain authority to administer drugs. The board may adopt rules to establish educational and
operational requirements to allow a pharmacy technician to administer a drug under the
immediate personal supervision and control of a pharmacist. Rules adopted by the board under
this section must include:
1. Educational requirements, which include, at a minimum:
a. Basic immunology, including the human immune response;
b. The mechanism of immunity, adverse effects, dose, and administration schedule
of available vaccines and approved medication and immunization;
c. Current immunization guidelines and recommendations of the centers for disease
control and prevention;
d. Management of adverse events, including identification, appropriate response,
documentation, and reporting;
e. Physiology and techniques of administration of drugs; and
f. Recordkeeping requirements established by law, rule, and regulation or
established standards of care.
2. A requirement an authorized pharmacist shall obtain and maintain current certification
in cardiopulmonary resuscitation or basic cardiac life support.
3. Requirements for content of practitioner orders and protocols.
4. Requirements relating to the reporting of the administration to a patient's primary
health care provider and to the department of health and human services.
5. Requirements relating to environments in which drugs may be administered.
### § 43-15-31.6. Prescriptive authority.

1. A pharmacist whose practice is physically located within this state, acting in good faith
and exercising reasonable care, may independently prescribe drugs, drug categories,
and devices as provided in this section if each of the following requirements are met:
a. A pharmacist may prescribe drugs or devices only for conditions for which the
pharmacist is educationally prepared and competence has been achieved and
maintained.
b. A pharmacist may issue a prescription only for a legitimate medical purpose
arising from a patient-pharmacist relationship.
c. A pharmacist shall obtain adequate information about the patient's health status
to make appropriate decisions based on the applicable standard of care.
d. For each drug or drug category a pharmacist intends to prescribe, the pharmacist
shall maintain a patient assessment protocol based on current clinical guidelines,
when available, or evidence-based research findings that specify the following:
(1) Patient inclusion and exclusion criteria; and
(2) Explicit medical referral criteria.
e. A pharmacist shall revise the patient assessment protocol when necessary to
ensure continued compliance with clinical guidelines or evidence-based research
findings. The pharmacist's patient assessment protocol, and any related forms,
must be made available to the board upon request.
f. A pharmacist shall consult with and refer to other health care professionals as
appropriate, including in situations where the pharmacist's knowledge or
experience is limited.
g. A pharmacist shall develop and implement an appropriate followup care plan,
including any monitoring parameters, in accordance with clinical guidelines. The
plan may include followup care with the patient and communication with the
patient's primary care provider.

h. A pharmacist shall inquire about the identity of the patient's primary care provider
or provider of record. If a primary care provider or provider of record is identified,
the pharmacist shall provide notification to the primary care provider or provider
of record within three business days following the prescription of a drug. The
notification must include the results of any test that required the prescription and,
upon the provider's request, any relevant documentation required under
subdivision i.
i. A pharmacist shall maintain documentation adequate to justify the care provided,
including information collected as part of the patient assessment, the prescription
record, any notification provided under this section, and the followup care plan.
2. A pharmacist may prescribe any drug approved by the federal food and drug
administration which is indicated for the following conditions:
a. Lice;
b. Cold sores;
c. Motion sickness, including the prevention of motion sickness; and
d. Hypoglycemia.
3. A pharmacist may prescribe any of the following devices approved by the federal food
and drug administration:
a. Inhalation spacer;
b. Nebulizer;
c. Disposable diabetes blood sugar testing supplies;
d. Pen needles; and
e. Auto-injectors containing drugs for patients with a documented history of allergies
or anaphylaxis.
4. A pharmacist may prescribe any drug approved by the federal food and drug
administration which is indicated for the following conditions, provided the symptomatic
patient first tests positive to a test that is waived under the Federal Clinical Laboratory
Improvement Act of 1988 [Pub. L. 100-578, section 2; 102 Stat. 2903; 42 U.S.C. 263a
et seq.], as amended:
a. Influenza;
b. Group A streptococcal pharyngitis; and
c. Severe acute respiratory syndrome coronavirus 2 identified as SARS-CoV-2.
5. If a patient tested positive for influenza, a pharmacist may prescribe an antiviral drug
to an individual who has been exposed to the infected patient and for whom the clinical
guidelines recommend chemoprophylaxis.
6. A pharmacist may prescribe any drug approved by the federal food and drug
administration for the purpose of closing a gap in clinical guidelines as follows:
a. Postexposure prophylaxis for nonoccupational exposure to human
immunodeficiency virus infection; and
b. Short-acting beta agonists for a patient with asthma who has had a prior
prescription for a short-acting beta agonist and who has a current prescription for
a long-term asthma control drug.
7. A pharmacist who successfully completes an accredited continuing pharmacy
education or continuing medical education course on travel medicine may prescribe
any noncontrolled drug recommended for individuals traveling outside the United
States which is specifically listed in the federal centers for disease control and
prevention health information for international travel publication. The pharmacist only
may prescribe drugs that are indicated for the patient's intended destination for travel.
8. If an emergency situation exists which in the professional judgment of the pharmacist
threatens the health or safety of the patient, a pharmacist may prescribe the following
drugs approved by the federal food and drug administration in the minimum quantity
necessary until the patient is able to be seen by a provider:
a. Diphenhydramine;
b. Epinephrine; and
c. Short-acting beta agonists.

9. A pharmacist may prescribe antimicrobial prophylaxis for the prevention of lyme
disease in accordance with the federal centers for disease control and prevention
guidelines.
### § 43-15-31.7. Therapeutic substitution.

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 index drugs, as limited by this section. Therapeutic equivalence
may be established by clinical publications comparing dosages of drugs in a
therapeutic class.
2. A pharmacist may not substitute a drug for a therapeutically equivalent drug if:
a. The prescriber indicates no substitution is to be made; or
b. The board has determined a therapeutically equivalent drug should not be
substituted and notified pharmacists of that determination.
3. Before dispensing a therapeutically equivalent drug, a pharmacist shall:
a. Verbally discuss the suggested substitution with the patient, including informing
the patient that the therapeutically equivalent drug does not contain the identical
active ingredient present in the prescribed drug and any differences in dosage
and frequency between the prescribed drug and the therapeutically equivalent
drug;
b. Inform the patient of the patient's right to refuse the substitution; and
c. Determine whether the substitution would provide a cost benefit to the patient or
provide access if the prescribed drug is not available.
4. The pharmacist shall send notice of the substitution to the prescriber by electronic
communication within twenty-four hours of dispensing the drug to the patient.
5. The prescribing provider is not liable for a substitution made by a pharmacist under
this section.
### § 43-15-32. Who may engage in drug business.

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
"drugs", "drugstore", or "pharmacy", or which is described or referred to in such terms by
advertisements, circulars, posters, signs, or otherwise, must be in charge of a registered
pharmacist.
### § 43-15-33. License to sell emergency medicines.

Repealed by S.L. 1999, ch. 379, § 8.
### § 43-15-34. Operation of pharmacy - Permit required - Application - Fee.

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 prescribed and
furnished by the board and shall be accompanied by a fee to be set by the board not to exceed
three hundred dollars. A like fee shall be paid upon each annual renewal thereof. Separate
applications shall be made and separate permits required for each pharmacy opened,
established, operated, or maintained by the same owner and for the change of location, name,
or ownership of an existing pharmacy.
### § 43-15-34.1. Out-of-state pharmacies.

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 dispensing the prescription for a North Dakota resident shall abide by state law and
rules of the board.
### § 43-15-35. Requirements for permit to operate pharmacy - Exceptions.

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 facilities of the pharmacy are such that prescriptions can be
filled accurately and properly, and United States pharmacopeia and national
formulary preparations properly compounded and so that it may be operated and
maintained in a manner that will not endanger public health and safety.
c. The pharmacy is equipped with proper pharmaceutical and sanitary appliances
and kept in a clean, sanitary, and orderly manner.
d. The management of the pharmacy is under the personal charge of a pharmacist
duly licensed under the laws of this state.
e. The applicant for such permit is qualified to conduct the pharmacy, and is a
licensed pharmacist in good standing or is a partnership, each active member of
which is a licensed pharmacist in good standing; a corporation or an association,
the majority stock in which is owned by licensed pharmacists in good standing; or
a limited liability company, the majority membership interests in which is owned
by licensed pharmacists in good standing, actively and regularly employed in and
responsible for the management, supervision, and operation of such pharmacy.
f. Suitable reference sources either in book or electronic data form, are available in
the pharmacy or online, which might include the United States pharmacopeia and
national formulary, the United States pharmacopeia dispensing information, facts
and comparisons, micro medex, the American society of health-system
pharmacists formulary, or other suitable references pertinent to the practice
carried on in the licensed pharmacy.
2. The provisions of subdivision e of subsection 1 do not apply to:
a. The holder of a permit on July 1, 1963, if otherwise qualified to conduct the
pharmacy, provided that any such permitholder that discontinues operations
under such permit or fails to renew such permit upon expiration is not exempt
from the provisions of subdivision e of subsection 1 as to the discontinued or
lapsed permit.
b. A hospital pharmacy furnishing service only to patients in that hospital.
c. The applicant for a permit to operate a pharmacy which is a hospital, if the
pharmacy for which the hospital seeks a permit to operate is a retail pharmacy
that is the sole provider of pharmacy services in the community and is a retail
pharmacy that was in existence before the hospital took over operations. A
hospital operating a pharmacy under this subdivision may operate the pharmacy
at any location in the community.
d. The applicant for a permit to operate a pharmacy which is the owner of a
postgraduate medical residency training program if the pharmacy is collocated
with and is run in direct conjunction with the postgraduate medical residency
training program. For purposes of this subdivision, the postgraduate medical
residency training program must be accredited by the accreditation council on
graduate medical education or other national accrediting organization.
### § 43-15-36. Board shall make rules and regulations governing permits - Prescribe

equipment necessary.
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
all times must possess.

### § 43-15-37. Term of permit - Renewal - Fee - Application.

Repealed by omission from this code.
### § 43-15-38. Failure to renew permit - When new permit granted.

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 thirtieth day of that month. A new or further renewal of a permit may be granted only:
1. Upon evidence satisfactory to the board of good and sufficient reason or excuse for
failure to file an application within the time prescribed.
2. Upon payment of the regular renewal fee and an additional fee to be set by the board
not to exceed two hundred dollars.
### § 43-15-38.1. Closing a pharmacy.

The permitholder and the pharmacist in charge are jointly responsible to follow the
procedures outlined in the rules for closing a pharmacy.
### § 43-15-39. Permit and renewal permit posted - Not transferable.

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.
### § 43-15-40. Board may revoke permits and renewal permits.

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
regulations of the board and the laws of this state.
### § 43-15-41. Board to give notice of refusal or revocation of permits - Appeal.

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 permittee aggrieved by
the refusal or revocation may appeal from the decision or order of the board to the district court
of Burleigh County, at any time within thirty days after the receipt of the decision or order
appealed from. The appellant shall give bond in the penal sum of two hundred fifty dollars, to be
approved by the clerk of the district court, conditioned that appellant will pay all costs if the order
or decision of the board is affirmed. With the perfecting of the appeal and the filing of the bond,
the decision or order of the board must be stayed pending the determination of the appeal.
### § 43-15-42. Penalty for violation of rule regulating pharmacies.

Any person who violates any rule legally adopted by the board pursuant to this chapter is
guilty of an infraction.
### § 43-15-42.1. Penalties - Reinstatement - Criminal prosecutions - Judicial review.

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 determined by the
board.
b. Revocation of the offender's permit or license.
c. Restriction of the offender's permit or license to prohibit the offender from
performing certain acts or from engaging in the practice of pharmacy in a
particular manner for a term to be determined by the board.
d. Refusal to issue or renew offender's permit or license.

e. Placement of the offender or the offender's permit or license under suspension
and supervision by the board for a period to be determined by the board.
f. Cancellation of the offender's permit or license.
g. Reprimand.
h. Imposition of a fine not to exceed one thousand dollars for each offense involving
diversion of controlled substances or a fine not to exceed five hundred dollars for
any other offense, with the sanction that the permit or license may be suspended
until the fine is paid to the board.
2. Any person whose permit or license to practice pharmacy in North Dakota has been
suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by
action of the board, has the right, at reasonable intervals, to petition the board for
reinstatement of such permit or license. A petition must be made in writing and in the
form prescribed by the board. Upon investigation and hearing, the board may in its
discretion grant or deny such petition, or it may modify its original finding to reflect any
circumstances which have changed sufficiently to warrant such modifications.
3. Nothing herein shall be construed as barring criminal prosecutions for violations of this
chapter if such violations are deemed as criminal offenses in other statutes of North
Dakota or of the United States.
4. All final decisions by the board shall be subject to judicial review pursuant to chapter
28-32.
### § 43-15-42.2. Impaired pharmacists program.

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 alcohol or drugs, abuse of alcohol or drugs, or due
to physical or mental illness, or which might endanger the public health and safety or
provide grounds for disciplinary action under chapter 43-15.
2. Any committee of a professional association comprised primarily of pharmacists, its
staff, or any district or local intervenor participating in a program established to aid
pharmacists impaired by substance abuse or mental or physical illness may report in
writing to the board the name of the impaired pharmacist together with the pertinent
information relating to the impairment. The board may report to any committee of such
professional association, or the association's designated staff, information which it may
receive with regard to any pharmacist who may be impaired by substance abuse or
mental or physical illness.
3. Upon a determination by the board that a report submitted by a peer review committee
or professional association committee is without merit, the report must be expunged
from the pharmacist's individual record in the board's office. A pharmacist or a
pharmacist's authorized representative may, on request, examine the pharmacist's
peer review or the pharmaceutical association's committee report submitted to the
board and place into the record a statement of reasonable length of the pharmacist's
view with respect to any information in the report.
4. Notwithstanding the provisions of section 44-04-18, the records and proceedings of
the board, compiled in conjunction with an impaired pharmacist peer review
committee, are confidential and are not to be considered public records or open
records unless the affected pharmacist so requests; provided, however, the board may
disclose this confidential information only if any of the following apply:
a. In a disciplinary hearing before the board or in a subsequent trial or appeal of a
board action or order.
b. To the pharmacist licensing or disciplinary authorities of other jurisdictions.
c. Under an order of a court of competent jurisdiction.
5. a. No employee or member of the board, peer review committee member,
pharmaceutical association committee member, or pharmaceutical association
district or local intervenor furnishing in good faith information, data, reports, or

records for the purposes of aiding the impaired pharmacist may, by reason of
furnishing the information, be liable for damages to any person.
b. No employee or member of the board or the committee, staff, or intervenor
program is liable for damages to any person for any action taken or
recommendations made in good faith by the board, committee, or staff.
### § 43-15-42.3. Reporting requirements - Penalty.

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 grounds for disciplinary action provided by law or rules adopted by the board shall
promptly report that information in writing to the state board of pharmacy. A pharmacist,
pharmacy technician, or institution from which the pharmacist or pharmacy technician voluntarily
resigns, or voluntarily limits that individual's staff privileges, shall report the actions of the
licensee or registrant to the state board of pharmacy if that action occurs while the licensee or
registrant is under formal or informal investigation by the institution or a committee of the
institution for any reason related to possible professional incompetence, unprofessional
conduct, or mental or physical impairment. Upon receiving a report concerning a licensee or
registrant, the board's investigative committee may investigate any evidence that appears to
show a licensee or registrant is committing, or may have committed, any of the grounds for
disciplinary action provided by law or rules adopted by the board. A person required to report
under this section who makes a report in good faith is not subject to criminal prosecution or civil
liability for making the report. For purposes of any civil proceeding, the good faith of a person
who makes the report under this section is presumed. A report to the impaired pharmacist
program, the pharm-assist committee, of the North Dakota pharmacists association is
considered reporting under this section. For purposes of this section, a person has actual
knowledge if that person acquired the information by personal observation or under
circumstances that cause that person to believe there exists a substantial likelihood that the
information is correct. An agency or health care institution that violates this section is guilty of a
class B misdemeanor. A pharmacist, pharmacy permitholder, pharmacy intern, or pharmacy
technician who violates this section is guilty of a class B misdemeanor and is subject to
administrative action by the state board of pharmacy as specified by law or by rule.
### § 43-15-42.4. Limitations on disciplinary actions.

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-CoV-2. This section does not limit the board from taking a disciplinary action
on another basis, such as unlicensed practice, inappropriate documentation, or substandard
care, or any basis that would in the board's determination harm the patient.
### § 43-15-43. Pharmacist negligently endangering life - Penalty.

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. Substitutes a different article for an article prescribed or ordered;
4. Puts up a greater or less quantity of an article than that prescribed or ordered; or
5. Deviates from the terms of the prescription or order in any manner,
in consequence of which human life is endangered, is guilty of a class A misdemeanor.
### § 43-15-44. Penalty for violations.

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.

### § 43-15-45. Costs of prosecution - Disciplinary proceedings.

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 forth
in subsection 1 of section 43-15-10, to pay the board a sum not to exceed the reasonable and
actual costs of the investigation and prosecution of the case, with the sanction that the
certificate of registration, permit, or license may be suspended until the costs are paid to the
board.
