reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-01 - General Administration › Chapter 61-01-01 - Organization of Board › Section 61-01-01-01 - Organization of board of pharmacy

Current through Supplement No. 393, July, 2024
1.
History
				and functions.
The 1890 legislative assembly passed pharmacy practice
				legislation codified as North Dakota Century Code chapter 43-15. This chapter
				requires the governor to appoint a state board of pharmacy. The board is
				responsible for examining and licensing applicants for licensure as
				pharmacists, for issuing permits to operate pharmacies, and for regulating and
				controlling the dispensing of prescription drugs and the practice of pharmacy
				for the protection of the health, welfare, and safety of the citizens of the
				state. The board is to operate and maintain the state's prescription drug
				monitoring program.
2.
Board
				membership.
The board 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. Board members serve five-year terms, with
				one of the pharmacist's terms expiring each year. The term of the public member
				and registered pharmacy technician member will expire five years from May
				eighth in the year of their appointment.
3.
Executive director.
The
				executive director of the board is appointed by the board and is responsible
				for administration of the activities of the board.
4.
Inquiries.
Inquiries
				regarding the board may be addressed to the executive director:
State Board of Pharmacy
1838 East Interstate Avenue Suite D
Bismarck, ND 58503
Web address -
www.nodakpharmacy.com
Telephone - 701-877-2404
Fax - 701-877-2405
General Authority:
NDCC 43-15-10(4)
Law Implemented:
NDCC
					 43-15-10(4)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-01 - Permit required

Current through Supplement No. 393, July, 2024
No person, partnership, association, or corporation shall
							conduct a pharmacy in North Dakota without first obtaining a permit to do so
							from the board. A fee, set by the board but not to exceed that prescribed by
							statute, shall be charged for each permit.
1. Each physical location of a pharmacy shall
						have a separate pharmacy permit. A location is defined as being in the same
						building at the same physical address. Buildings connected by tunnels,
						skywalks, or other similar methods must be deemed separate physical locations.
2. Any pharmacy receiving a permit
						shall advise the board, when applying for the permit and when changes occur, of
						the name of the employees of the pharmacy who are:
a. The pharmacist-in-charge of the pharmacy,
						who shall be a licensed pharmacist in North Dakota in good standing;
b. All other licensed pharmacists who shall
						be licensed pharmacists in North Dakota in good standing;
c. All licensed pharmacy interns who shall be
						licensed pharmacy interns in North Dakota in good standing;
d. All registered pharmacy technicians who
						shall be registered pharmacy technicians in North Dakota in good standing; and
e. All supportive personnel
						permitted in the pharmacy area.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-02 - Application for permit

Current through Supplement No. 393, July, 2024
Applications for permits and renewal of permits to conduct a
							pharmacy or drugstore shall be made in writing on such form or forms as the
							board may from time to time prescribe, and shall set forth information required
							by the board to enable it to determine if the pharmacy or drugstore will be
							conducted in full compliance with existing laws and with regulations
							established thereunder by the board of pharmacy. This information shall
							include:
1. Name and address of
						proposed pharmacy.
2. Name of
						current owner.
3. If applicant is
						a sole proprietor, evidence that owner is a registered pharmacist in good
						standing.
4. If applicant is a
						partnership, evidence that each active partner is a registered pharmacist in
						good standing, names of all partners and ownership interests of each, and copy
						of partnership agreement.
5. If
						applicant is a corporation, names of corporate officers, list of shareholders
						and shares of stock held by each, affidavit of stock ownership showing that a
						majority of the stock is owned by registered pharmacists in good standing,
						actively and regularly employed in and responsible for the management,
						supervision, and operation of applicant pharmacy, copies where applicable of
						agreement to form corporation, articles of incorporation, certificate of
						incorporation, bylaws, employment agreements, financial records as they may
						pertain to stock ownership requirements, and any other corporate documents
						relating to ownership or control of applicant pharmacy or corporation, or both.
6. Leases on space to be occupied
						by applicant or permitholder.
7.
						Blueprints or drawings of floor plans and physical layout of pharmacy and space
						to be occupied by applicant.
8.
						Franchise or license agreements where applicable.
9. Names of registered pharmacists employed.
10. Name of pharmacist in charge.
11. Information showing that
						adequate technical equipment is maintained.
Documents to be provided herein shall include all changes and
							amendments. All changes and amendments in documents previously furnished to the
							board shall be promptly submitted to the board. An application for a renewal of
							a permit need not include documents previously furnished to the board except
							where the facts, information, or documents have been changed or amended and not
							previously furnished to the board. The board shall have the right to require
							that an applicant or permitholder furnish to the board current documents
							required hereunder, including all changes or amendments, at any time.
General Authority: NDCC 28-32-02, 43-15-10(9),
								43-15-10(12), 43-15-10(14), 43-15-34, 43-15-35
Law Implemented: NDCC 28-32-03, 43-15-10(9), 43-15-10(12),
								43-15-10(14), 43-15-34, 43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-04 - Permit not transferable

Current through Supplement No. 393, July, 2024
A permit registers the pharmacy to which it is issued at the
							location specified in the permit, and is not transferable. It is issued on the
							application of the owner, or the registered pharmacist in charge, on the sworn
							statement that the pharmacy will be conducted in accordance with the provisions
							of law. If it is desired to operate, maintain, open, or establish more than one
							pharmacy, separate applications shall be made and separate permits issued for
							each.
General Authority:
NDCC 43-15-10(9), 43-15-34,
							43-15-39
Law Implemented:
NDCC 43-15-10(9), 43-15-34,
							43-15-39
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-05 - Change of ownership

Current through Supplement No. 393, July, 2024
When a pharmacy changes ownership, the original permit
							becomes void and must be surrendered to the board, and a new permit secured by
							the new owner or owners. This is required even in case there is no change in
							the name of the pharmacy or in the registered pharmacist in charge of the
							pharmacy. The board shall be promptly notified of any change in ownership of a
							pharmacy. In the case of a corporation holding a pharmacy permit, the board
							shall be immediately notified at any time when a majority of the stock is not
							owned by registered pharmacists in good standing, actively and regularly
							employed in and responsible for the management, supervision, and operation of
							the pharmacy. In the case of a partnership holding a pharmacy permit, the board
							shall be notified as to the addition or removal of one or more partners in the
							partnership.
General Authority:
NDCC 43-15-10(9), 43-15-35(5)
Law Implemented:
NDCC 43-15-10(9),
							43-15-35(5)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-06 - Affidavit of ownership

Current through Supplement No. 393, July, 2024
An affidavit shall be filed each year with the application
							for renewal of a pharmacy permit, indicating in the case of a partnership, that
							each active member is a registered pharmacist, or in the case of a corporation,
							that the majority stock is owned by registered pharmacists in good standing,
							actively and regularly employed in and responsible for the management,
							supervision, and operation of the pharmacy.
General Authority:
NDCC 43-15-10(9), 43-15-35(5)
Law Implemented:
NDCC 43-15-10(9),
							43-15-35(5)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-07 - Renewal of permits

Current through Supplement No. 393, July, 2024
Each pharmacy permit shall expire on June thirtieth of each
							year, and shall be renewed annually by filing an application therefor, on or
							before June first of each year, together with a fee set by the board, but not
							to exceed that prescribed by statute.
General Authority:
NDCC 43-15-10(9), 43-15-38
Law Implemented:
NDCC 43-15-10(9), 43-15-38
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-08 - Change of location

Current through Supplement No. 393, July, 2024
Before a pharmacy changes the location of its business, it
							shall first submit to the board a new application for a permit, setting forth
							such changes, and shall submit therewith the information and documents required
							in an initial application for a permit. If the board approves the application,
							no additional fee shall be made for the new permit.
General Authority:
NDCC 43-15-10(9),
							43-15-10(11)
Law Implemented:
NDCC 43-15-10(9),
							43-15-10(11)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-09 - Permit for heirs at law of pharmacist

Current through Supplement No. 393, July, 2024
The issuance of a permit to the heirs at law of a pharmacist
							shall not be refused on the grounds that such heirs at law are not registered
							pharmacists, provided assurance will be given that when the pharmacy is
							disposed of by the heirs at law of the registered pharmacist owner, it shall be
							sold only to a registered pharmacist or a corporation or partnership controlled
							by a registered pharmacist in North Dakota.
General Authority:
NDCC 43-15-10(9)
Law Implemented:
NDCC
							43-15-10(9)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-10 - Pharmacist-in-charge - Requirement - Definition - Duties

Current through Supplement No. 393, July, 2024
No permitholder shall conduct a pharmacy without a
							pharmacist-in-charge who shall be designated in the application for a pharmacy
							permit and each renewal of pharmacy permit. The term "pharmacist-in-charge"
							means a duly licensed pharmacist in North Dakota who has been so designated,
							and it shall be the pharmacist's duty and responsibility consistent with the
							accepted standards of professional conduct and practice and in compliance with
							all applicable laws and regulations to:
1. Establish for the employees of the
						pharmacy policies and procedures for the procurement, storage, compounding, and
						dispensing of drugs.
2. Supervise
						all of the professional employees of the pharmacy.
3. Supervise all of the nonprofessional
						employees of the pharmacy insofar as their duties relate to the sale or
						storage, or both, of drugs.
4.
						Establish and supervise the recordkeeping system for the purchase, sale,
						possession, storage, safekeeping, and return of drugs.
5. Notify the board immediately upon the
						pharmacist's knowledge that the pharmacist's services as pharmacist-in-charge
						have been or will be terminated.
General Authority:
NDCC 43-15-10(9), 43-15-35(4)
Law Implemented:
NDCC 43-15-10(9),
							43-15-35(4)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-11 - Pharmacist-in-charge - Termination of service

Current through Supplement No. 393, July, 2024
Each pharmacy shall notify the state board of pharmacy
							immediately upon knowledge of the termination of the services of the
							pharmacist-in-charge and further, shall immediately designate a successor
							pharmacist-in-charge and immediately notify the state board of pharmacy of such
							designation. The state board of pharmacy upon receiving such notice shall
							furnish the successor pharmacist-in-charge such form or forms as it may from
							time to time prescribe which form or forms must be completed by the successor
							pharmacist-in-charge and filed with the board within ten days after receipt.
General Authority:
NDCC 43-15-10(9), 43-15-35(4)
Law Implemented:
NDCC 43-15-10(9),
							43-15-35(4)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-12 - Posting of permit

Current through Supplement No. 393, July, 2024
Each pharmacy permit shall be posted and exposed in a
							conspicuous place in the pharmacy for which the permit has been issued.
General Authority:
NDCC 43-15-10(9), 43-15-39
Law Implemented:
NDCC 43-15-10(9),
							43-15-39
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-13 - Pharmacist on duty

Current through Supplement No. 393, July, 2024
Each pharmacy shall have at least one registered pharmacist
							on duty and physically present in the pharmacy area at all times that the
							prescription area is open for the transaction of business.
General Authority: NDCC 43-15-10(9), 43-15-10(12),
								43-15-10(14)
Law Implemented: NDCC 43-15-10(9), 43-15-10(12),
								43-15-10(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-14 - Limitation on rent

Current through Supplement No. 393, July, 2024
Before a pharmacy permit is issued, in the case of a pharmacy
							leasing space, a copy of the lease agreement must be furnished to the board
							which must include rental terms and information. The lease rental amounts, less
							in-house sales and wholesale sales, may not exceed five percent of the total
							gross sales of the pharmacy, with the further provision that the landlord shall
							furnish all utilities including heat, electrical, and janitorial services, but
							not including telephone service. The board recognizes that the lease terms and
							rent will depend on the type of pharmaceutical services offered, and therefore,
							variations for rent may be granted by the state board of pharmacy.
General Authority: NDCC 28-32-02, 43-15-10(7)(9)(12)(14),
								43-15-34, 43-15-35, 43-15-36
Law Implemented: NDCC
								28-32-03
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-15 - Closing a pharmacy

Current through Supplement No. 393, July, 2024
A permitholder shall follow these procedures to close a North
							Dakota licensed pharmacy:
1. Notify
						the state board of pharmacy at least thirty days in advance of the closing
						date.
2. Notify customers at least
						fifteen days in advance of the closing date and advise them where their records
						will be maintained.
3. Notify the
						drug enforcement administration (DEA) at least fourteen days in advance of the
						closing date.
4. At the closing
						date:
a. Take an inventory of the pharmacy's
						controlled substances and maintain it for two years.
b. Return the North Dakota pharmacy permit to
						the board.
c. Cover all signage
						indicating "drugstore" or "pharmacy" until removed in a timely manner.
d. Send the DEA certificate of
						registration and any used official order forms (DEA form-222) to the nearest
						DEA registration field office. The pharmacist should write or stamp the word
						"VOID" across the face of each official order form before returning them to the
						DEA.
e. Notify the state board of
						pharmacy and the DEA as to where the controlled substances inventory and
						records will be kept and how the controlled substances were transferred or
						destroyed. Records involving controlled substances must be kept available for
						two years for inspection and copying. This requirement applies, even though the
						business has been discontinued.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-16 - Transfer of controlled substances when selling a business

Current through Supplement No. 393, July, 2024
The permitholder of a pharmacy discontinuing business shall
							notify the state board of pharmacy and the nearest DEA registration field
							office at least fourteen days before the date of the proposed transfer of
							controlled substances in connection with discontinuing the business, and
							provide the following information:
1.
						The name, address, and registration number of the pharmacy discontinuing
						business.
2. The name, address,
						and registration number of the pharmacy acquiring the business.
3. The date on which the controlled
						substances will be transferred.
General Authority: NDCC 43-15-10
Law Implemented: NDCC 43-15-10,
								43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-17 - Identification

Current through Supplement No. 393, July, 2024
All pharmacy employees shall wear a name badge while in the
							pharmacy, which clearly identifies the person's title.
General Authority: NDCC 43-15-10
Law Implemented: NDCC 43-15-10,
								43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-01 - Pharmacy Permits › Section 61-02-01-18 - Policy and procedure manual required

Current through Supplement No. 393, July, 2024
Each pharmacy must have a written or electronic and easily
							accessible policy and procedure manual to address all aspects of the pharmacy's
							operations. The policy and procedure manual must be available for inspection.
							The policy and procedure manual must set forth in detail the objectives and
							operational guidelines of the pharmacy. The policy and procedure manual must be
							reviewed and revised or reaffirmed on an annual basis.
Inspection procedures, including:
1. Location of controlled substance records,
						including:
a. Location of current biennial
						inventory;
b. Wholesale records of
						receipt and sale of controlled substances;
c. DEA 222 forms, both paper and electronic,
						executed or not;
d. Information for
						running reports from the pharmacy computer system relative to dispensing of
						specific controlled substances; and
e. Power of attorney forms if granted and
						termination forms if executed.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-04 - Sanitary Standards for Pharmacies › Section 61-02-04-01 - Sanitary standards for pharmacies

Current through Supplement No. 393, July, 2024
A pharmacy must comply with the following sanitary standards:
1.
Pharmacies and equipment.
All pharmacies and equipment therein shall be maintained in a clean
						condition and in good repair.
2.
Sanitary facilities.
All sanitary facilities shall be constructed
						in accordance with the laws and ordinances applying thereto.
3.
Trash .
Adequate trash
						receptacles shall be provided. No waste material shall be permitted to collect
						in the prescription area.
4.
Toilet.
A toilet available to the prescription area shall be
						maintained in a sanitary condition and in good repair at all times. All new
						pharmacies shall maintain a restroom immediately adjacent to the prescription
						area.
5.
Personnel's
						apparel.
All authorized persons working in relation to the pharmacy
						shall be required to keep themselves and their apparel neat and clean while in
						the pharmacy.
6.
Hot and
						cold running water.
There shall be a sink with hot and cold running
						water within the prescription area for pharmaceutical purposes only.
7.
Storerooms.
Storerooms shall
						be dry and well-ventilated, free from rodents and insects, and equipped with
						adequate lighting facilities.
8.
Sanitary standards variations.
The board of pharmacy recognizes
						that the sanitary standards for pharmacies will depend on the type of
						pharmaceutical services offered, and therefore, variations for required
						sanitary standards may be granted by the board of pharmacy.
General Authority: NDCC 43-15-10(11), 43-15-35(3)
Law Implemented: NDCC 43-15-10(11),
								43-15-35(3)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-05 - Existing Pharmacies › Section 61-02-05-01 - Existing pharmacies

Current through Supplement No. 393, July, 2024
Existing pharmacies licensed by the board prior to March 8,
							1972, the effective date of chapters 61-02-02, 61-02-03, and 61-02-04, may have
							their use continued if they reasonably conform, or are made to reasonably
							conform, to the intent of those chapters.
General Authority:
NDCC 43-15-10(9),
							43-15-10(11)
Law Implemented:
NDCC 43-15-10(9), 43-15-10(11)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-06 - Computer Pharmacy Regulations › Section 61-02-06-01 - Input of drug information into electronic data processing equipment to be by pharmacist or under the supervision of a pharmacist

Current through Supplement No. 393, July, 2024
When electronic data processing equipment is employed by a
							pharmacy, input of drug information shall be performed only by a pharmacist or
							under the immediate and personal supervision of a pharmacist. If orders are
							entered by other personnel, the pharmacist must certify the accuracy of the
							information entered and verify the prescription order prior to the dispensing
							of the medication. The identity of the pharmacist must be retained in the
							record.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-02,
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-06 - Computer Pharmacy Regulations › Section 61-02-06-02 - Requirements for storage and retrieval of prescription information

Current through Supplement No. 393, July, 2024
Electronic data processing equipment or media, when used to
				  store or process prescription information, shall meet the following
				  requirements:
1. Must guarantee the
				confidentiality of the information contained in the database. Must require that
				the transmission of electronic prescriptions from prescriber to pharmacist not
				be compromised by interventions, control, or manipulation of said prescriptions
				by any other party.
2. An
				electronic system must provide online retrieval via computer screen or
				hard-copy printout of original prescription order information for those
				prescription orders which are currently authorized for refilling. If more
				refills are authorized, it must be noted on the computer screen or on the hard
				copy of the prescription or a new prescription must be produced.
3. Must be able to produce a hard-copy daily
				summary of controlled substance transactions. Monthly summaries must be
				produced and filed with the biennial inventory or electronic system must allow
				tracking of adjustments and changes made to controlled substance
				transactions.
4. Be capable of
				recording and carrying in the record all dates of refills of any prescription
				and the initials of the pharmacist.
5. Be capable of producing a patient profile
				indicating all drugs being taken and the date of refills of these
				prescriptions, as required by North Dakota Century Code section
				43-15-31.1.
6. Be capable of
				reconstructing information, by daily backups in the event of a computer
				malfunction or accident resulting in destruction of the database.
General Authority:
NDCC 28-32-02,
					 43-15-10(9)(12)(14)
Law Implemented:
NDCC
					 43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-06 - Computer Pharmacy Regulations › Section 61-02-06-03 - Original prescription shall be retained on file

Current through Supplement No. 393, July, 2024
In all cases where electronic data processing equipment is
							used, the original prescription (hard copy or saved in an unalterable
							electronic data filing system that has been approved by the board) shall be
							retained on file according to law to assure access to the information contained
							on the prescription in the event of a computer malfunction.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-06 - Computer Pharmacy Regulations › Section 61-02-06-04 - Written policy and procedures

Current through Supplement No. 393, July, 2024
Written policy and procedures must be available
							electronically or in hard copy format, detailing responsibilities of each
							pharmacist relative to the operation of the computer and its
							records.
General Authority:
NDCC 28-32-02,
								43-15-10(9)(12)(14)
Law Implemented:
NDCC
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
1. The board of
						pharmacy is responsible for maintaining, continuing, and enhancing the
						development of the educational and professional role of the pharmacists for the
						protection of the health, welfare, and safety of the citizens of the state.
2. Current practice requires an
						expanding knowledge base for pharmacists to serve patients with appropriate
						counseling, advising, evaluating, and cost-effective pharmaceuticals.
3. To assist a pharmacist in
						technical services related to pharmaceutical product preparation and
						distribution, the need for a pharmacy technician is appropriate.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Pharmacy technician" means a person
				registered by the board of pharmacy who is employed by a pharmacy under the
				responsibility of the pharmacist-in-charge or a staff pharmacist so designated
				by the pharmacist-in-charge, to assist in the technical services of preparing
				pharmaceuticals for final dispensing by a licensed pharmacist in compliance
				with subsection 4 of North Dakota Century Code section 43-15-01 and subsection
				16 of North Dakota Century Code section 43-15-01.
2. "Pharmacy technician in training" is a
				person who is enrolled in an academic experiential rotation program accredited
				by the american society of health systems pharmacists (ASHP)/accreditation
				council for pharmacy education (ACPE). A pharmacy technician in training, as
				they progress through their training program, may perform any of the duties of
				a registered pharmacy technician at the discretion of the pharmacist in charge
				and the pharmacist supervising their training program unless otherwise
				specified in the rules.
3.
				"Supportive personnel" means a person other than a licensed pharmacist,
				pharmacy intern, or pharmacy technician who may be performing duties assigned
				by the pharmacist under direct supervision.
General Authority:
NDCC
					 43-15-10(12)(14)(19)
Law Implemented:
NDCC
					 43-15-10(12)(14)(19)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-03 - Educational preparation

Current through Supplement No. 393, July, 2024
1. To be eligible
				to be registered by the board of pharmacy as a pharmacy technician the person
				must have completed one of the following requirements:
a. Successful completion of an American
				society of health systems pharmacists accredited academic program;
b. An American society of health systems
				pharmacists accredited on-the-job training program.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-04 - Ratio of pharmacists to pharmacy technicians

Current through Supplement No. 393, July, 2024
The ratio of pharmacists to pharmacy technicians may not be
				  greater than one to four (one pharmacist to four pharmacy technicians) in a
				  retail and hospital setting. The ratio of pharmacists to pharmacy technicians
				  may not be greater than one to five (one pharmacist to five pharmacy
				  technicians) in a closed-door pharmacy that does not deal directly with
				  patients. This ratio does not include other supportive personnel or
				  interns.
General Authority:
NDCC 28-32-02,
					 43-15-10(12)(14)
Law Implemented:
NDCC 28-32-03,
					 43-15-10(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-05 - Tasks pharmacy technicians may perform

Current through Supplement No. 393, July, 2024
1. Under the
						responsibility of the pharmacist-in-charge or designated staff pharmacist the
						pharmacy technician may perform any service assigned by the
						pharmacist-in-charge in the preparation of pharmaceuticals to be dispensed by
						the pharmacist to a patient except as specified in section
						61-02-07.1-06.
2. The pharmacist is legally responsible for
						all the pharmacy technician's activities and services performed.
3. The pharmacy technician may assess a
						patient receiving a refilled prescription, on the need of the patient or the
						patient's agent, to have a consultation with the pharmacist or pharmacy intern
						about the prescription.
a. The assessment
						must include a visual display of the medication.
b. The assessment must include asking
						appropriate open-ended questions on the medication and their applicable health
						condition.
c. Any problematic
						responses must prompt the pharmacist to intervene with a
						consultation.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-06 - Tasks pharmacy technicians may not perform

Current through Supplement No. 393, July, 2024
The pharmacy technician may not:
1. Evaluate the patient's profile relative to
						the pharmaceuticals that have or will be dispensed.
2. Consult with the patient concerning the
						utilization of their pharmaceuticals.
3. Make decisions that require a pharmacist's
						professional education, such as interpreting and applying pharmacokinetic data
						and other pertinent laboratory data or therapeutic values to design safe and
						effective drug dosage regimens.
4.
						Engage in the practice of pharmacy, except as authorized by a licensed
						pharmacist, as permitted by North Dakota law and rules adopted by the board.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)(19)
Law Implemented: NDCC
								28-32-03
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-08 - Supportive personnel

Current through Supplement No. 393, July, 2024
Any duty that is not required to be performed by a registered
							pharmacist, registered pharmacy intern, or by a pharmacy technician may be
							performed by other employees of the pharmacy.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-09 - Penalties for violation of rule regulating pharmacy technicians

Current through Supplement No. 393, July, 2024
The registration of any pharmacy technician violating drug
							laws or rules may be revoked by the board of pharmacy. Pharmacists or
							pharmacies violating drug laws or rules may be subject to the penalties of
							North Dakota Century Code section 43-15-42.1.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-10 - Pharmacy technician continuing education

Current through Supplement No. 393, July, 2024
1. Each
				pharmacy technician shall complete at least ten hours of approved pharmacy
				technician continuing education every year as a condition of renewal of a
				registration as a pharmacy technician in North Dakota.
2. There may be no carryover or extension of
				continuing education units with the exception that continuing education units
				obtained twelve months prior to the beginning of each annual reporting period
				may be used in the current annual reporting period which begins March first of
				each year and ends the last day of February, or the previous reporting period.
				However, they may not be counted as credit in both reporting periods. The
				failure to obtain the required ten hours of continuing education by the renewal
				date may result in a suspension for a minimum of thirty days, or a maximum of
				the period ending the date the continuing education is completed.
3. Pharmacy technicians shall maintain their
				own records . The records must be maintained for a two-year period.
4. The requirements of this section do not
				apply to a pharmacy technician applying for a first renewal of a
				registration.
5. A pharmacy
				technician registered with the board may make application to the board for a
				waiver of compliance with the pharmacy technician continuing education
				requirements and may be granted an exemption by the board.
6. Upon request of the board, proof of
				compliance must be furnished to the board.
General Authority:
NDCC 28-32-02,
					 43-15-10(12)(14)(19)
Law Implemented:
NDCC 28-32-03
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-11 - Pharmacy technician in training

Current through Supplement No. 393, July, 2024
A pharmacy technician in training must be designated as a
							pharmacy technician in training and will be allowed to practice the
							professional duties of a registered pharmacy technician as determined by the
							pharmacist-in-charge and the supervising licensed pharmacist. Upon receipt of a
							request to have a person designated a pharmacy technician in training from a
							pharmacist-in-charge, the board, if appropriate, shall register the person so
							enrolled as a pharmacy technician in training. The maximum amount of time to be
							registered as a technician in training is two years unless an extension is
							granted.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)(19)
Law Implemented: NDCC
								28-32-03
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-12 - Technicians checking technicians

Current through Supplement No. 393, July, 2024
Activities allowed by law to be performed within a licensed
				  pharmacy by a registered pharmacy technician in the preparation of a
				  prescription or order for dispensing or administration may be performed by one
				  registered pharmacy technician, who may be a technician in training and
				  verified by another registered pharmacy technician who may not be a technician
				  in training, working in the same licensed pharmacy, under the following
				  conditions:
1. The licensed pharmacy
				where the work is being conducted has policies and procedures specifically
				describing the scope of the activities to be verified through this practice,
				included in the policy and procedure manual required under section 61-02-01-18.
a. Training for the specific activity is
				reflected in a written policy.
b. A
				record of the individuals trained is maintained in the pharmacy for two
				years.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-07.1 - Pharmacy Technician › Section 61-02-07.1-13 - Pharmacy technician reinstatement

Current through Supplement No. 393, July, 2024
If a registered pharmacy technician fails to pay the fee for
				  a renewal registration within the time required, the executive director of the
				  board shall cancel the registration for nonpayment. Upon application, the
				  delinquent registrant may procure a renewed registration once the payment of
				  all back registration fees, late fees, up to a maximum of five years and proof
				  of ten hours of continuing pharmaceutical education obtained within the past
				  year are submitted, evidence of current certification by a national
				  certification body approved by the board of pharmacy meets this requirement,
				  provided there have been no disciplinary actions involved with the registration
				  and the board is satisfied that the applicant is a proper person to receive the
				  same.
General Authority:
NDCC
					 43-15-10(12)(14)(19)
Law Implemented:
NDCC
					 43-15-10(12)(14)(19)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
1. The state board
						of pharmacy is responsible for maintaining, continuing, and enhancing the
						development of the education and professional role of the pharmacist for the
						protection of the health, welfare, and safety of the citizens of North Dakota.
2. Rural North Dakota is facing an
						accessibility problem due to closing pharmacies.
3. In order to maintain or make pharmacy
						services available in areas that have lost their pharmacies or are in jeopardy
						of losing their pharmacies, rules are necessary to permit telepharmacies.
4. This chapter applies to central
						pharmacies, each with one or more remote sites. Both the central pharmacy and
						remote site may be located within North Dakota, either the remote site or the
						central pharmacy, may be located in a contiguous state.
General Authority: NDCC 43-15-10(7)(9)(11)(12)(14)(19)
Law Implemented: NDCC 43-15-10, 43-15-32, 43-15-34,
								43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Remote site" means a pharmacy staffed by a registered
							pharmacy technician with access to its main pharmacy and registered pharmacists
							by computer link, videolink, and audiolink while open.
2. "Satellite consultation site" means a telepharmacy where
							any filled prescription ready for dispensing is prepared at another pharmacy
							and delivered to the satellite for dispensing via computer, videolink, and
							audiolink to the main pharmacy and a licensed pharmacist.
3. "Telepharmacy" means a central pharmacy with one or more
							remote sites in which all sites are connected via computer link, videolink, and
							audiolink.
4. "Telepharmacy in hospitals" means a central hospital
							pharmacy with one or more remote sites in which all sites are connected via
							computer, videolink, and audiolink.
General Authority: NDCC 43-15-10(7)(9)(11)(12)(14)(19)
Law Implemented: NDCC 43-15-10, 43-15-32, 43-15-34,
								43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-03 - Operations

Current through Supplement No. 393, July, 2024
1. A remote site shall comply with North
						Dakota Century Code section 43-15-35 governing requirements for a permit to
						operate a pharmacy. The remote site is considered to be under the personal
						charge of the pharmacist at the central pharmacy.
2. A remote site shall be connected to its
						central pharmacy via computer link, videolink, and audiolink.
3. A remote site shall use its central
						pharmacy's central processing unit.
a.
						Consecutive prescription numbers and all prescription records must be
						maintained at the central pharmacy.
b. Prescriptions filled at the remote site
						must be distinguishable on records from those filled at the central pharmacy.
c. Daily reports must be separated
						for the central pharmacy and the remote site but must be maintained at the
						central pharmacy.
d. Pharmacies
						must be able to generate labels from the central pharmacy or at the remote
						site.
e. All prescriptions
						distributed at the remote site must have a label that meets requirements set
						forth in chapter 61-04-06 attached to the final drug container before the
						pharmacist verifies the dispensing process.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-04 - Rule exceptions

Current through Supplement No. 393, July, 2024
To the extent of a conflict with any provision of this title,
							the provisions of this chapter govern with respect to a telepharmacy and remote
							site operating in compliance with this chapter. With the following conditions,
							this chapter is an exception to the following rules:
1. Pharmacist on duty under section
						61-02-01-13. The remote site must
						have a registered pharmacy technician present and a working computer link,
						videolink, and audiolink to a pharmacist at the central pharmacy to have the
						prescription area open. The communication link must be checked daily and the
						remote site pharmacy must be closed if the link malfunctions, unless a
						pharmacist is at the remote site.
a. The
						technician must be registered with the state board of pharmacy and have at
						least one year of work experience as a North Dakota-registered pharmacy
						technician.
b. The technician must
						be a graduate of an approved pharmacy technician education program or must make
						application to the board, and must demonstrate knowledge and experience in
						preparation of prescriptions for dispensing and working with patients.
c. The technician will be subject
						to all rules in 61-02-07.1, excluding the ratio of pharmacists to pharmacy
						technicians. A pharmacist may oversee no more than four remote sites. As
						dispensing is considered done by the pharmacist, the pharmacist will be
						responsible for and held accountable for the remote site.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-05 - Suspension and termination

Current through Supplement No. 393, July, 2024
1. The board may
						suspend immediately the permit of any class K pharmacy if a danger to the
						public exists.
2. The board may
						terminate all of the class K permits pursuant to North Dakota Century Code
						chapter 28-32. A sixty-day notice will be sent to the pharmacist in charge of
						each.
General Authority: NDCC 43-15-10(7)(9)(11)(12)(14)(19)
Law Implemented: NDCC
								43-15-28.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-07 - Telepharmacy satellite consultation sites

Current through Supplement No. 393, July, 2024
1. These sites have
						no prescription inventory.
2. Only
						filled prescriptions, filled at the central pharmacy, with final patient
						labeling attached are allowed at these sites.
3. These sites may be controlled by
						supportive personnel who have been trained in the use of the patient counseling
						audiolink and videolink necessary for the dispensing and consultation to occur.
4. The supportive personnel assist
						the patient in accessing the pharmacist via the audiolink and videolink.
5. Prescription refill requests
						may be communicated to this site by the patient or the patient's agent.
6. Original written prescriptions
						may be brought to these sites by the patient or the patient's agent for faxing,
						scanning, and transmitting to the central pharmacy.
7. No prescription or refill communicated
						from practitioners may be received at these sites.
8. No drug enforcement administration number
						is necessary as only filled prescriptions will be at the site.
9. Security of filled prescriptions must be
						maintained by a separate locked drawer or cabinet.
10. A record must be made by the pharmacist
						as to the date and time at which dispensing and counseling occurred.
General Authority: NDCC 43-15-10(7)(9)(11)(12)(14)(19)
Law Implemented: NDCC 43-15-10, 43-15-32, 43-15-34,
								43-15-35
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-08 - Telepharmacy in hospitals

Current through Supplement No. 393, July, 2024
1. The supervision
						required in subsection 3 of section 61 -07-01 -04 may be accomplished via
						audiolink, videolink, and computer link, if the hospital has a registered
						pharmacy technician on duty meeting the qualifications of subsection 1 of
						section 61-02-08-04.
2. No prescription order may be released for
						administration to a patient until approved by a pharmacist via the audiolink,
						videolink, and computer link.
3.
						The policy and procedures of the hospital pharmacy must address all aspects of
						the telepharmacy operation, including control of the pharmacy by the registered
						pharmacy technician in the absence of the pharmacist.
4. Contractual arrangements must be in place
						for the supervision of the technician by either the consultant pharmacist,
						another hospital pharmacy with adequate staffing, or a contracted pharmacist
						providing coverage when pharmacist staffing is not provided at the hospital.
General Authority: NDCC 43-15-10(7)(9)(11)(12)(14)(19)
Law Implemented: NDCC 43-15-10, 43-15-32, 43-15-34,
								43-15-35