reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-08 - Telepharmacy Pilot Project Rules › Section 61-02-08-09 - Telepharmacy satellite remote dispensing machine sites

Current through Supplement No. 393, July, 2024
1.
						These sites have prescription inventory, which is secured in an automated
						dispensing device connected to the central processing unit at the central
						pharmacy.
2. A pharmacist must
						approve all prescription orders before they are released from the automated
						dispensing device.
3. Dispensing
						and counseling are performed by the licensed pharmacist at the central site via
						audiolink and videolink.
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 61-02-09 - Continuous Quality Improvement › Section 61-02-09-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
							otherwise requires:
1. "Actively
						reports" means reporting all dispensing errors and analysis of such errors to a
						patient safety organization as soon as practical or at least within thirty days
						of identifying the error.
2.
						"Analysis" means a review of the findings collected and documented on each
						dispensing error, assessment of the cause and any factors contributing to the
						dispensing error, and any recommendation for remedial action to improve
						pharmacy systems and workflow processes to prevent or reduce future
						errors.
3. "Dispensing error" means
						one or more of the following discovered after the final verification by the
						pharmacist:
a. Variation from the prescriber's
						prescription drug order, including:
(1)
						Incorrect drug;
(2) Incorrect drug
						strength;
(3) Incorrect dosage
						form;
(4) Incorrect patient;
						or
(5) Inadequate or incorrect
						packaging, labeling, or directions.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-02 - Pharmacies › Chapter 61-02-09 - Continuous Quality Improvement › Section 61-02-09-02 - Continuous quality improvement program

Current through Supplement No. 393, July, 2024
1. Each pharmacy
						permittee shall establish continuous quality improvement program for the
						purpose of detecting, documenting, assessing, and preventing incidents, near
						misses, and unsafe conditions.
2. A
						pharmacy permittee meets the requirements if the permittee meets the following:
a. Maintains and complies with the policies
						and procedures as noted in subsection 4;
b. The pharmacy reports incidents, near
						misses, and unsafe events through either:
(1)
						A contracted patient safety organization that is listed as an agency for health
						research and quality on
www.ahrq.com
whose
						primary mission is pharmacy continuous quality improvement; or
(2) An internal program to the pharmacy which
						is acceptable to the board where proper documentation and evaluation can be
						completed.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-01 - Applications

Current through Supplement No. 393, July, 2024
All applicants for licensure by examination as pharmacists
				  must appear in person before the board of pharmacy at a meeting scheduled for
				  examination of applicants for licensure. All applications must be accompanied
				  by affidavits of graduation and hours of internship, showing that the applicant
				  has met the requirements of North Dakota Century Code section 43-15-15.
General Authority:
NDCC 43-15-19
Law Implemented:
NDCC
					 43-15-19
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-02 - Approved schools

Current through Supplement No. 393, July, 2024
1. All colleges of
				pharmacy which have been accredited by the accreditation council for pharmacy
				education (ACPE).
2. All schools of
				pharmacy accredited by the Canadian council for accreditation of pharmacy
				programs (CCAPP).
General Authority:
NDCC 43-15-15
Law Implemented:
NDCC
					 43-15-15
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-03 - Score required

Current through Supplement No. 393, July, 2024
An applicant for licensure as a pharmacist in North Dakota by
				  examination or license transfer must obtain a passing score in any written,
				  oral, or practical laboratory examination required by the board.
General Authority:
NDCC 43-15-10(3)(12)(14),
					 43-15-19
Law Implemented:
NDCC 43-15-10(3)(12)(14),
					 43-15-19
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-04 - Licensure transfer

Current through Supplement No. 393, July, 2024
1. An applicant
				seeking licensure by licensure transfer must secure and file an electronic
				license transfer application from the national association of boards of
				pharmacy. This board will license applicants by reciprocity if they possess the
				requirements in effect in North Dakota at the time the candidates were licensed
				by examination in other states. The applicant must pass the North Dakota law
				examination and pay the appropriate fees to obtain licensure.
2. Provisional licensure for a member of the
				military or military spouse as defined in North Dakota Century Code section
				43-51-01.
a. A provisional license may be
				granted upon application for license if the individual holds a license as a
				pharmacist in another state and has worked under such a license or registration
				for at least two of the last four years.
b. This provisional license must be without
				fee until one year after the first renewal period has passed. This allows a
				maximum of two years without payment of a registration or renewal
				fee.
c. The provisional licensee
				has three months to successfully pass the multistate pharmacy jurisprudence
				examination.
d. The provisional
				licensee shall apply and complete all requirements of the electronic license
				transfer program of the national association of boards of pharmacy.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-06 - Duplicate certificate

Current through Supplement No. 393, July, 2024
In case of a loss or destruction of a certificate, a
							duplicate can be obtained by forwarding to the secretary an affidavit setting
							forth the facts in the case. The fee for a duplicate certificate is five
							dollars.
General Authority:
NDCC 43-15-10
Law Implemented:
NDCC 43-15-21
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-07 - Posting of certificate

Current through Supplement No. 393, July, 2024
Each pharmacist's certificate or renewal thereof must be
				  available or on file in the pharmacy in which the pharmacist is practicing the
				  pharmacist's profession.
General Authority:
NDCC 43-15-10(9)
Law Implemented:
NDCC 43-15-10(9),
					 43-15-25
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-08 - Foreign graduates

Current through Supplement No. 393, July, 2024
Any applicant who is a graduate of a school or college of
							pharmacy located outside the United States, which has not been recognized and
							approved by the board, but who is otherwise qualified to apply for a license to
							practice pharmacy in this state, shall be deemed to have satisfied the
							requirements of subsection 3 of North Dakota Century Code section 43-15-15 by
							verification to the board of the applicant's academic record and the
							applicant's graduation and by meeting such other requirements as this board may
							establish from time to time. Each such applicant shall have the foreign
							pharmacy graduate examination committee (FPGEC) certification (which
							certification is hereby recognized and approved by the board) awarded by the
							national association of boards of pharmacy. The FPGEC certification includes
							the test of English as a foreign language and the test of spoken English (which
							examinations are hereby recognized and approved by the board) given by the
							educational testing service as a prerequisite to taking the licensure
							examination provided for in North Dakota Century Code section 43-15-19.
General Authority: NDCC 28-32-02, 43-15-10(2)(3)(12)(14),
								43-15-15(4)
Law Implemented: NDCC 28-32-03, 43-15-10(2)(3)(12)(14),
								43-15-15(4)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-09 - Inactive status

Current through Supplement No. 393, July, 2024
Any pharmacist holding a certificate of licensure as a
				  pharmacist in North Dakota may go on inactive status, and continue to hold a
				  certificate of licensure in North Dakota, provided that the pharmacist on
				  inactive status may not practice pharmacy within North Dakota. A pharmacist on
				  inactive status may not be required to meet the requirements of continuing
				  pharmaceutical education as required by North Dakota Century Code section
				  43-15-25.1 or rules of the boards under  chapter 61-03-04. In order for a
				  pharmacist to change an inactive status certificate of licensure to an active
				  status of licensure, the pharmacist will have to complete continuing education
				  hours as determined by the board, based on the length of time of inactive
				  status, and then must comply with continuing pharmaceutical education
				  requirements of the board and state of North Dakota thereafter.
General Authority:
NDCC 43-15-10(2)(12)(14),
					 43-15-15, 43-15-25.1
Law Implemented:
NDCC 43-15-10(2)(12)(14),
					 43-15-15, 43-15-25.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-01 - Licensure of Pharmacists › Section 61-03-01-10 - Reinstatement procedures

Current through Supplement No. 393, July, 2024
If a licensed pharmacist fails to pay the fee for a renewal
				  of a license within the time required, the executive director of the board
				  shall cancel the license for nonpayment. Upon application, the delinquent
				  licensee may procure a renewed license once the payment of all back licensure
				  fees and proof of fifteen hours of continuing pharmaceutical education obtained
				  within the past year are submitted, provided there have been no disciplinary
				  actions involved with the licensee and the board is satisfied that the
				  applicant is a proper person to receive the same.
General Authority:
NDCC 43-15-10(2)(12)(14),
					 43-15-15, 43-15-25.1
Law Implemented:
NDCC
					 43-15-26
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-02 - Consulting Pharmacist Regulations for Long-Term Care Facilities (Skilled, Intermediate, and Basic Care) › Section 61-03-02-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
							otherwise requires:
1. "Consulting pharmacist" means a pharmacist in a long-term
							care facility, who:
a. Establishes the procedures and rules for distribution and
							storage of drugs;
b. Supervises the distribution and storage of drugs;
c. Visits the facility on a regularly scheduled basis;
d. Monitors the therapeutic response and utilization of all
							medications prescribed for the patients, utilizing as guidelines the indicators
							of the health care financing administration;
e. Provides regular pharmacy educational opportunities to the
							institution.
2. "Provider pharmacist" means a pharmacist who supplies
							medication to a patient in a long-term care facility and maintains separate
							pharmacy patient profiles from the facility.
General Authority: NDCC 28-32-02, 43-15-10(12),
								43-15-10(14)
Law Implemented: NDCC 28-32-02, 43-15-10(12),
								43-15-10(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-02 - Consulting Pharmacist Regulations for Long-Term Care Facilities (Skilled, Intermediate, and Basic Care) › Section 61-03-02-03 - Physical requirements of provider pharmacy licensed on premises or other pharmacy

Current through Supplement No. 393, July, 2024
1.
Area.
The pharmacy serving a long-term care facility as an institutional drug
						outlet shall have floor space allocated to it to ensure that drugs are prepared
						in sanitary, well-lighted and enclosed places, and meet the other requirements
						of this section. Floor space shall be allotted to conduct the activities
						involved with the scope of pharmaceutical services provided.
2.
Equipment and materials.
The
						pharmacy serving a long-term care facility as an institutional drug outlet
						shall have equipment and physical facilities for proper compounding,
						dispensing, and storage for drugs, including parenteral preparations. As a
						minimum, the pharmacy shall have the following:
a. Minimum equipment listed in section
						61-02-01-03.
b. Drugs to meet the needs of the patients of
						the long-term care facility.
c. A
						pharmacy policy and procedures manual in compliance with section
						61-02-01-18.
d. Pharmaceutical reference books, which
						shall include one recent edition (not over five years from publication date)
						from at least two of the following categories, one of which must include
						dispensing information:
(1) Drug dispensing
						information from one of the following:
(a)
						United States pharmacopoeia dispensing information.
(b) Facts and comparisons.
(c) Hospital formulary.
(2) Categories to choose from:
Drug interactions - poison and antidote information
							-chemistry toxicology - pharmacology - bacteriology - sterilization and
							disinfection - patient counseling - rational therapy - parenteral
							admixtures.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-02 - Consulting Pharmacist Regulations for Long-Term Care Facilities (Skilled, Intermediate, and Basic Care) › Section 61-03-02-04 - Distribution and control

Current through Supplement No. 393, July, 2024
1. General. The
				consulting pharmacist shall establish written procedures for the safe and
				efficient distribution of pharmaceutical products; which shall be on hand for
				inspections.
2. Responsibility of
				consulting pharmacist. The consulting pharmacist shall be responsible for the
				safe and efficient distribution of, control of, and accountability of
				medications by developing procedures subject to the approval of the
				pharmaceutical services committee of the long-term care facility, to include:
a. Establishment of specifications for the
				storage, distribution, and procurement of medications and
				biologicals.
b. Participation in
				those aspects of the long-term care patient evaluation program which relate to
				drug utilization and effectiveness.
c. Providing information on a
				twenty-four-hour basis for assistance in emergency situations.
d. Assuring all medication shall be stored in
				a locked area or locked cart.
e.
				Review, evaluate, and make recommendations monthly regarding drug utilization
				to the pharmaceutical services committee.
f. Minimum standards that all provider
				pharmacists must meet to include the following:
(1) Expected delivery times for new orders
				and reorders.
(2) Procedures to
				ensure accountability during delivery.
(3) Methods to document receipt of
				medications by the facility.
(4)
				Procedure to obtain emergency medications and for the provider pharmacist to
				receive orders.
(5) Procedures used
				by the facility to reorder medications and for the provider pharmacist to
				receive reorders.
(6) Expected
				scope of services and medications to be provided by the provider pharmacist. If
				the provider pharmacist cannot provide the complete scope of services and
				medications, the provider pharmacist shall designate alternative
				sources.
g. Procedures
				that allow for use of or repackaging of medications received which are not in
				the packaging system used by the facility.
h. Policy that is included as a part of the
				patient admissions packet that describes the responsibility of the patient or
				provider pharmacist to compensate a secondary pharmacist for medications or
				packaging services that the provider pharmacist chosen by the patient is either
				unwilling or unable to provide.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Approved
				pharmacy experiential program" means structured courses in the pharmacy
				professional curriculum that are administered by a college of pharmacy, and
				approved by the state board of pharmacy, via accreditation by the American
				council on pharmaceutical education.
2. "Approved pharmacy intern program" means
				pharmacy practice in a board-approved experiential program after a student has
				been accepted into a board-approved accredited college or school of pharmacy.
				The entire one thousand five hundred hours of credit shall be included in the
				four-year doctor of pharmacy program as an intern.
3. "Hour" means the standard sixty minutes
				division of time.
4. "Intern" means
				a person licensed by the state board of pharmacy for the purpose of receiving
				instruction in the practice of pharmacy from a preceptor. The state board of
				pharmacy may license as an intern any candidate who has graduated from high
				school or obtained a GED and successfully completed no less than one academic
				year of full-time college or university enrollment directed towards the
				prepharmacy requirements with a consistently declared intent to seek admission
				to an accredited doctor of pharmacy program and has satisfied the state board
				of pharmacy that the candidate is of good moral character or as required when a
				student has been unconditionally accepted into the doctor of pharmacy
				program.
5. "Location" means any
				establishment other than a preceptor pharmacy approved by the state board of
				pharmacy.
6. "Preceptor" means an
				educator and a licensed pharmacist in good standing with the state board of
				pharmacy who will devote sufficient time to educate a student in the practice
				of pharmacy as described in subsection 22 of North Dakota Century Code section
				43-15-01.
7. "Preceptor pharmacy"
				means the pharmacy where the preceptor is practicing the profession. This
				pharmacy must have a clear record with respect to adherence to federal, state,
				and municipal laws governing any phase of activity in which it is engaged and
				must be licensed by the state board of pharmacy, or other duly authorized
				licensing agency, where located and must have a private patient consultation
				area.
8. "Supervision" means that
				in the approved preceptor pharmacy or other location where the intern is being
				taught, a licensed pharmacist designated as preceptor or another licensed
				pharmacist shall be in continuous contact with and actually giving instructions
				to the intern during all professional activities.
General Authority:
NDCC 28-32-02,
					 43-15-10
Law Implemented:
NDCC 28-32-02, 43-15-10,
					 43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-02 - Licensure

Current through Supplement No. 393, July, 2024
1. A pharmacy intern must license with the
						board of pharmacy when accepted into the doctor of pharmacy professional
						program at any board-approved college or school of pharmacy and annually while
						successfully completing all four years of the doctor of pharmacy program.
2. Upon receipt of the completed
						application for internship licensure form, the state board of pharmacy will
						issue to the intern a certificate, an annual wallet-sized identification card,
						and an annual renewal card and instruct the intern that the identification card
						must be carried on the intern's person at all times while on duty in the
						preceptor pharmacy or other location of instruction. The annual renewal card
						must be posted in the preceptor pharmacy or other location of instruction.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-03 - Identification

Current through Supplement No. 393, July, 2024
The intern shall be so designated in the intern's
							professional relationships and shall in no manner falsely assume, directly or
							by inference, to be a pharmacist. The board shall issue to the intern a license
							for purposes of identification and verification of the intern's role as an
							intern, which license shall be surrendered to the board upon discontinuance of
							internship for any reason including licensure as a pharmacist. No individual
							not properly licensed by the board as an intern shall take, use, or exhibit the
							title of intern, or any other term of similar like or import.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-04 - Supervision

Current through Supplement No. 393, July, 2024
An intern shall be allowed to engage in the practice of
							pharmacy provided that such activities are under direct supervision of a
							pharmacist. The pharmacist shall physically review the prescription drug order
							and the dispensed pharmaceutical before the pharmaceutical is delivered to the
							patient or the patient's agent. The pharmacist is responsible for the practice
							of the intern.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-05 - Evidence of completion

Current through Supplement No. 393, July, 2024
Applicants for licensure as pharmacists shall submit evidence
							that they have satisfactorily completed not less than one thousand five hundred
							hours of internship credit per board forms under educational instruction and
							supervision of a licensed pharmacist as an approved preceptor.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-06 - Board and college responsibilities

Current through Supplement No. 393, July, 2024
1. The intern shall
						submit a yearly affidavit of internship completed, as certified by a licensed
						pharmacist preceptor.
2. The
						intern shall maintain a record of objectives and activities as part of the
						approved pharmacy experiential program and shall submit said record upon
						completion of the fourth professional year.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-03.1 - Internship › Section 61-03-03.1-07 - Change of address or practice site

Current through Supplement No. 393, July, 2024
An intern shall notify the board immediately upon change of
							an experiential rotation and residence address.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02, 43-15-10,
								43-15-18
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-04 - Continuing Pharmaceutical Education › Section 61-03-04-01 - Definitions

Current through Supplement No. 393, July, 2024
1. Continuing pharmaceutical education is a planned learning
							experience beyond a formal degree program designed to promote the continual
							development of professional knowledge, professional skills, and professional
							attitudes on the part of the practitioners and includes, but is not limited to,
							professional postgraduate education in any of the following subjects:
a. Properties and actions of drugs and drug dosage forms.
b. Etiology, characteristics, and therapeutics of the disease
							state.
c. Pharmacy practice.
d. Legal, psychological, and socioeconomic aspects of health
							care delivery.
2. One continuing education unit (c.e.u.) equals ten hours of
							instruction.
General Authority: NDCC 28-32-02, 43-15-10(12)(14),
								43-15-25.1
Law Implemented: NDCC 28-32-03, 43-15-10(12)(14),
								43-15-25.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-04 - Continuing Pharmaceutical Education › Section 61-03-04-02 - Requirements for continuing pharmaceutical education

Current through Supplement No. 393, July, 2024
1. Each pharmacist shall complete at least
				fifteen hours (1.5 c.e.u.) of approved continuing pharmaceutical education
				every year as a condition of renewal of a certificate of licensure as a
				pharmacist in the state of 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
				which begins March first of each year and ends the last day of February, may be
				used in the current annual reporting period or the previous reporting period.
				However, they may not be counted as credit in both reporting periods. The
				failure to obtain the required fifteen hours of continuing education by the
				renewal date may result in a suspension for the minimum of thirty days or a
				maximum of the period ending the date the continuing education is
				completed.
3. Pharmacists shall
				maintain their own records . The records shall be maintained for a two-year
				period.
4. The requirements of this
				section do not apply to a pharmacist applying for a first renewal of a
				certificate of licensure.
5. A
				pharmacist holding a certificate of licensure from the board may make
				application to the board for a waiver of compliance with the continuing
				pharmaceutical education requirements and may be granted an exemption by the
				board. No pharmacist holding such an exemption may practice pharmacy in North
				Dakota until reinstated by the board after completing fifteen hours of
				continuing pharmaceutical education (one and one-half c.e.u.) during the year
				before reinstatement.
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), 43-15-25.1
Law Implemented:
NDCC 28-32-03,
					 43-15-10(12)(14), 43-15-25.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-04 - Continuing Pharmaceutical Education › Section 61-03-04-03 - Approved continuing education

Current through Supplement No. 393, July, 2024
1. Approved
						continuing pharmaceutical education means those continuing pharmaceutical
						education programs made available by an approved provider. Postgraduate courses
						offered by a school or college of pharmacy recognized by the board as an
						approved school shall constitute approved continuing pharmaceutical education.
						The board shall maintain a record of approved programs including the hours of
						credit assigned to each program which shall be available upon request.
2. Approved provider means any
						association, corporation, educational institution, organization, or person who
						has been recognized by the American council on pharmaceutical education in
						accordance with its policy and procedure, as having met its criteria indicative
						of the ability to provide quality continuing pharmaceutical education programs.
General Authority: NDCC 28-32-02, 43-15-10(12)(14),
								43-15-25.1
Law Implemented: NDCC 28-32-03, 43-15-10(12)(14),
								43-15-25.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-03 - Pharmacists › Chapter 61-03-04 - Continuing Pharmaceutical Education › Section 61-03-04-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 28-32-02, 43-15-10(12)(14),
								43-15-25.1
Law Implemented: NDCC 28-32-03, 43-15-10(12)(14),
								43-15-25.1
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-01 - Return of Drugs and Devices Prohibited › Section 61-04-01-01 - Return of drugs and devices prohibited

Current through Supplement No. 393, July, 2024
Pharmacists and pharmacies are prohibited from accepting from
							patients or their agents for reuse, reissue, or resale any drugs, prescribed
							medications, chemicals, poisons, or medical devices except:
1. In a hospital with a licensed pharmacy,
						drugs, devices, or other items may be returned to the pharmacy for disposition
						by a pharmacist in accordance with good professional practice.
2. In licensed nursing homes or basic care
						facilities where United States pharmacopeia storage requirements can be
						assured, pharmaceuticals (not controlled substances) dispensed in unit dose or
						in individually sealed doses which meet United States pharmacopeia packaging
						requirements may be returned to the pharmacy from which they were dispensed.
						The dispensing pharmacy or pharmacist is responsible to determine the
						suitability of the product for reuse. No product where lot number and integrity
						cannot be assured may be credited or reused. A redispensed pharmaceutical must
						be assigned an expiration date within the manufacturers original limits but not
						to exceed six months from the date of redispensing. No product may be
						redispensed more than one time.
3.
						This section shall not apply to the return of medical devices provided that
						proper sanitary procedures are used prior to the reuse, resale, or rerent of
						the devices.
General Authority: NDCC 28-32-02, 43-15-10(12)(14)
Law Implemented: NDCC
								28-32-03
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-02 - Physician Exemption › Section 61-04-02-01 - Physician exemption

Current through Supplement No. 393, July, 2024
The exemption contained in subsection 1 of North Dakota
							Century Code section 43-15-02 for a duly licensed practitioner of medicine
							supplying the practitioner's own patients with such remedies as the
							practitioner may desire shall exempt such practitioners who dispense remedies
							as an incident to the practice of their profession for a patient's immediate
							needs, which would be those drugs required for a seventy-two-hour time period,
							full course of antibiotic treatment, start pack of prepackaged medications, or
							up to a ten-day supply of initial therapy of a maintenance medication that
							should be started immediately, but shall not exempt such a practitioner who
							regularly engages in dispensing such remedies to the practitioner's patients
							for which such patients are charged either separately or together with charges
							for other professional services, from recordkeeping, dispensing, labeling,
							counseling as required by North Dakota Century Code section 43-15-31.2, patient
							profile system as required by North Dakota Century Code section 43-15-31.1, and
							all other requirements of the practice of pharmacy as set forth in this chapter
							or by federal and state laws as they pertain to the regulation of the practice
							of pharmacy. Documented charts shall meet the requirements of the patient
							profile system.
General Authority:
NDCC 19-02.1-02(2),
								19-02.1-14, 28-32-02, 43-15-10(12), 43-15-10(14)
Law Implemented:
NDCC 19-02.1-02(2),
								19-02.1-14, 28-32-03, 43-15-10(12),
								43-15-10(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-03 - Destruction of Controlled Substances › Section 61-04-03-01 - Destruction of controlled substances

Current through Supplement No. 393, July, 2024
Pharmacists and pharmacies are allowed to destroy controlled
				  substances as defined in subsection 6 of North Dakota Century Code section
				  19-03.1-01. Destruction of a pharmacy's controlled substance inventory must be
				  done consistent with standards set by the drug enforcement administration and
				  must be documented on a drug enforcement administration form 41. The drug
				  enforcement administration form 41 should be kept at the pharmacy with
				  controlled substance records and must be made available to the state board upon
				  request. Destruction of controlled substances is permitted to be completed by
				  the executive director of the board, a compliance officer of the board, or any
				  one member of the board.
General Authority:
NDCC 28-32-02,
					 43-15-10(12), 43-15-10(14)
Law Implemented:
NDCC 28-32-03, 43-15-10(12),
					 43-15-10(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-03.1 - Identification Required for Controlled Substances › Section 61-04-03.1-01 - Identification required for controlled substances

Current through Supplement No. 393, July, 2024
Pharmacists, pharmacy interns, pharmacy technicians, and
							clerical personnel are required to obtain positive identification if they are
							unsure of the identity of the person picking up a prescription for any
							controlled substance, tramadol, or carisoprodol. Positive identification means
							a document issued by a governmental agency which:
1. Contains a description of the person or a
						photograph of the person, or both; and
2. Includes, but is not limited to, a
						passport, military identification card, or driver's license.
General Authority: 28-32-02, 43-15-10(12)(14)
Law Implemented: 28-32-03,
								43-15-10(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05 - Electronic Transmission of Prescriptions › Section 61-04-05-01 - Facsimile transmission of prescriptions

Current through Supplement No. 393, July, 2024
In addition to the requirements in section
							61-04-05-02, a prescription order
							may be transmitted from an authorized prescribing practitioner to a pharmacy
							under the following provisions:
1.
						Using facsimile equipment to transmit schedule II controlled substance
						prescriptions is not allowed except when the patient is a hospice patient or
						resides in a licensed long-term care facility, a facsimile may serve as the
						pharmacy's original prescription, if it has been signed by the practitioner
						before faxing and is in compliance with subsection 3.
2. Schedule III, IV, and V controlled
						substances prescriptions received by facsimile equipment may serve as the
						pharmacy's original prescription, if it has been signed by the practitioner
						before faxing and is in compliance with subsection 3.
3. A facsimile copy prescription must be
						reduced to writing either manually or by other process (computer, photocopying,
						etc.) which produces a nonfading document and proper notation on the file copy
						must indicate that the prescription order was initially received by facsimile
						equipment.
4. The receiving
						facsimile machine must be in the prescription department of the pharmacy to
						protect patient-pharmacist authorized prescribing practitioner confidentiality
						and security.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05 - Electronic Transmission of Prescriptions › Section 61-04-05-02 - Electronic transmission of prescriptions

Current through Supplement No. 393, July, 2024
The terms "electronic", "electronic record", "electronic
							signature", and "security procedure" have the meaning ascribed to them in North
							Dakota Century Code chapter 9-16-01.
A prescription order may be transmitted electronically from
							an authorized prescribing practitioner to a pharmacy under the following
							provisions:
1. Actual transmittal is
						done by or under the supervision of the authorized prescribing practitioner or
						the practitioner's authorized agent.
2. Practitioners or their authorized agents
						transmitting medication orders using electronic equipment are obligated to
						provide voice verification when requested by the pharmacist receiving the
						medication order. If requested voice verification is refused, the
						electronically transmitted prescription may not be filled.
3. Pharmacists are precluded from supplying
						or leasing facsimile equipment, or computer hardware or software, to
						prescribing practitioners, hospitals, nursing homes, or any medical provider or
						facility.
4. Using facsimile
						equipment or other electronic transmission to circumvent documentation,
						authenticity, verification, or other standards of pharmacy practice or drug
						diversion will be considered unprofessional conduct under 61-04-04.
5. The board of pharmacy recognizes that the
						electronic transmission of prescriptions will depend on the type of
						pharmaceutical services offered, and therefore, variations of the requirements
						for electronic transmission of prescriptions may be granted by the state board
						of pharmacy.
6. A third-party
						intermediary may be used to facilitate transmission of the prescription order
						as long as the intent of the prescriber is not changed and procedures are in
						place to protect patient confidentiality.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05 - Electronic Transmission of Prescriptions › Section 61-04-05-03 - Computer transmission of prescriptions

Current through Supplement No. 393, July, 2024
In addition to the requirements in section
							61-04-05-02, a prescription order
							may be transmitted from an authorized prescribing practitioner to a pharmacy
							under the following provisions:
1.
						Schedule II, III, IV, and V controlled substances prescriptions received via
						computer require an electronic signature by the authorized prescriber, as
						defined in North Dakota Century Code section 9-16-01, for the prescription to
						serve as the original copy.
2.
						Transmission of schedule II controlled substance prescriptions via computer is
						allowed when the prescribing system and the pharmacy system are in compliance
						with drug enforcement agency requirements for e-prescribing.
3. The required legend must appear on the
						practitioner's prescription screen. The practitioner must take a specific overt
						action to include the "brand medically necessary" language with the electronic
						transmission as set forth in subsections 3 and 4 of North Dakota Century Code
						section 19-02.1-14.1. For example, the practitioner or the practitioner's agent
						must type out "brand medically necessary" letter by letter.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05.1 - Prescription Transfer Requirements › Section 61-04-05.1-01 - Prescription transfer requirements

Current through Supplement No. 393, July, 2024
The transfer of original prescription information for the
							purpose of refill dispensing is permissible between pharmacies subject to the
							following requirements:
1. The
						transfer is communicated directly between licensed pharmacists, licensed
						pharmacy interns, or registered pharmacy technicians and the transferring
						person records the information on the hard copy or the electronic record.
2. The transfer is limited to the
						number of refills authorized on the original prescription.
3. Both the original and transferred
						prescription are kept for five years from the date of last refill.
4. Pharmacies electronically accessing the
						same prescription record must satisfy all information requirements of a manual
						mode of prescription transferal.
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02,
								43-15-10
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05.1 - Prescription Transfer Requirements › Section 61-04-05.1-02 - Prescription transfer requirements for transferring pharmacy

Current through Supplement No. 393, July, 2024
The person transferring the prescription shall record on the
							original prescription or the electronic record:
1. The name and address of the pharmacy to
						which the prescription was transferred.
2. The name of the person receiving the
						prescription information and the name of the person transferring the
						prescription information.
3. The
						date of the transfer.
4. The
						number of refills transferred. If all refills are transferred the original
						prescription must be marked "VOID".
General Authority: NDCC 28-32-02, 43-15-10
Law Implemented: NDCC 28-32-02,
								43-15-10
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05.1 - Prescription Transfer Requirements › Section 61-04-05.1-03 - Prescription transfer requirements for receiving pharmacy

Current through Supplement No. 393, July, 2024
The person receiving the transfer of a prescription shall
							record on the hard copy or the electronic record:
1. The word "transfer" on the face of the
						transferred prescription.
2. The
						following information:
a. All information
						required to be on a prescription pursuant to section
						61-04-06-02 or
						61-04-06-03.
b. The name of the pharmacy and address and
						original prescription number from which the prescription information is
						transferred.
c. The original date
						of issuance and date of dispensing if different from the date of issuance.
d. The number of valid refills
						remaining and date of last refill.
e. The name of the person transferring the
						prescription information and the name of the person receiving the prescription
						information.
f. The date of the
						transfer.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-05.1 - Prescription Transfer Requirements › Section 61-04-05.1-04 - Additional prescription transfer requirements for controlled drugs

Current through Supplement No. 393, July, 2024
The transfer of original prescription information for a
							controlled drug for the purpose of refill dispensing is permissible between
							pharmacies on a one-time basis subject to the following requirements:
1. The transferring person shall:
a. Write the word "VOID" on the face of the
						invalidated prescription.
b.
						Record on the reverse of the invalidated prescription the name, address, and
						drug enforcement administration registration number of the pharmacy to which it
						was transferred and person receiving the prescription information.
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-06 - Prescription Label Requirements › Section 61-04-06-01 - The prescription label

Current through Supplement No. 393, July, 2024
Controlled drugs and noncontrolled drugs dispensed pursuant
							to a prescription must bear a label, permanently affixed to the immediate
							container in which the drug is dispensed or delivered and which is received by
							the purchaser or patient, which must include the following:
1. The name and address of the dispenser or
						pharmacy;
2. The serial number of
						the prescription;
3. The current
						date of its filling or refilling;
4. The name of the prescriber;
5. The name of the patient;
6. The directions for use, including
						precautions, if any, as indicated on the prescription;
7. The initials or name of the dispensing
						pharmacist;
8. The telephone
						number of the pharmacy; and
9. The
						drug name and strength and quantity.
The prescription label for controlled drugs, in addition to
							the above, must comply with the label requirements of the Federal and State
							Uniform Controlled Substances Act, including the transfer warning auxiliary
							label.
General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-03,
								43-15-10(9)(12)(14)
North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-06 - Prescription Label Requirements › Section 61-04-06-02 - Requirements of a prescription order for noncontrolled drugs

Current through Supplement No. 393, July, 2024
The patient hard copy prescription form for noncontrolled
							drugs must contain the following:
1.
						The name and address of the patient;
2. The date of issuance;
3. The name of the drug;
4. The quantity;
5. The strength;
6. Adequate directions for use;
7. The preserver's name, either printed or
						stamped;
8. The prescriber's
						indication of refill authorization;
9. A reminder legend in at least six-point
						uppercase print stating, "In order to require that a brand name product be
						dispensed, the practitioner must hand write the words 'brand medically
						necessary'"; and
10. The signature
						of the prescribes unless an oral or telephoned prescription.
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 61-04 - Professional Practice › Chapter 61-04-06 - Prescription Label Requirements › Section 61-04-06-03 - Requirements of prescription order for controlled drugs

Current through Supplement No. 393, July, 2024
The patient hard copy prescription form for controlled drugs
							must contain the following:
1. The
						name address of the patient;
2. The
						date of issuance;
3. The name of
						the drug;
4. The
						quantity;
5. The
						strength;
6. Adequate directions
						for use;
7. The prescriber's name,
						either printed or stamped;
8. The
						prescriber's indication of refill authorization;
9. A reminder legend in at least six-point
						uppercase print stating, "In order to require that a brand name product be
						dispensed, the practitioner must hand write the words 'brand medically
						necessary'";
10. The DEA number of
						the prescriber; and
11. The
						signature of the prescriber.
General Authority:
NDCC 28-32-02,
								43-15-10(9)(12)(14)
Law Implemented:
NDCC
								43-15-10(9)(12)(14)