# Title 19 — Foods, Drugs, Oils, and Compounds

## Chapter 19-03.3 — Controlled Substances for Care and Treatment

### § 19-03.3-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Board" means the North Dakota board of medicine.
2. "Pain" means acute pain and chronic pain. Acute pain is the normal, predicted
physiological response to a noxious chemical or thermal or mechanical stimulus and
typically is associated with invasive procedures, trauma, or disease, and is generally
time-limited. Chronic pain is a state that persists beyond the usual course of an acute
disease or healing of an injury or that may or may not be associated with an acute or
chronic pathologic process that causes continuous or intermittent pain over months or
years.
3. "Physician" means a physician licensed by the board.
### § 19-03.3-02. Prescription or administration of drugs by physician.

Notwithstanding any other provision of law, a physician may prescribe or administer
controlled substances to a patient in the course of the physician's treatment of the patient for
pain. A physician shall keep records of purchases and disposals of controlled substances
prescribed or administered under this section. The records must include the date of purchase,
the date of sale or administration by the physician, the name and address of the patient, and the
reason for the prescribing or the administering of the substances to the patient.
### § 19-03.3-03. Restriction by hospital or health care facility of prescribed drug use

prohibited.
No hospital or health care facility may forbid or restrict the use of controlled substances
when prescribed or administered by a physician having staff privileges at that hospital or health
care facility for a patient diagnosed and treated by a physician for pain.
### § 19-03.3-04. Disciplinary action for prescribing or administering drug treatment

prohibited.
The board may not discipline a physician for prescribing or administering controlled
substances in the course of treatment of a patient for pain under this chapter.
### § 19-03.3-05. Application.

This chapter does not apply to a person being treated by a physician for a substance use
disorder because of the person's use of controlled substances not related to treatment for pain.
This chapter does not authorize a physician to prescribe or administer any drug legally classified
as a controlled substance or as an addictive or dangerous drug for other than medically
accepted therapeutic purposes. A person to whom controlled substances are prescribed or
administered for pain is not exempt from section 39-08-01 or 39-20-04.1.
### § 19-03.3-06. Cancellation, revocation, or suspension of physician's license.

This chapter does not limit the authority of the board to cancel, revoke, or suspend the
license of any physician who:
1. Prescribes or administers a drug or treatment that is nontherapeutic in nature or
nontherapeutic in the manner the drug or treatment is administered or prescribed.
2. Fails to keep complete and accurate records of purchases and disposals of controlled
substances listed in chapter 19-03.1.
3. Writes false or fictitious prescriptions for controlled substances scheduled in chapter
19-03.1.
