Section 61-04-13-01 - Patient Consultation RequirementsEach prescription dispensed by a pharmacy serving patients in the state and each out-of-state pharmacy providing prescriptions by mail to patients in the state must provide the following in regard to consultation:
1. Provide consultation by a pharmacist or intern on each new prescription dispensed.2. Provide consultation by a pharmacist or intern on each refill prescription dispensed. Pursuant to section 61-02-07.1-05, screening a patient for consultation on a refilled prescription may be completed by a registered technician.3. Counseling can be provided to the patient or their agent.4. For a refilled prescription, when the patient or the patient's agent is not available at the time of dispensing, the pharmacy must supply written or electronic materials and a toll-free phone number for the patient or the patient's agent to contact the pharmacist.5. For a new prescription being dispensed by mail to a patient, an attempt to reach the patient or the patient's agent must be made for a consultation on the prescription; however, if the patient or the patient's agent is not available at the time of dispensing, the pharmacy must supply written or electronic materials and a toll-free phone number for the patient or the patient's agent to contact the pharmacist.6. This section does not apply to prescriptions for patients exempted in North Dakota Century Code section 43-15-31.2.7. Failure to provide proper consultation under this section is considered unprofessional conduct by the pharmacy and pharmacist under subsection 9 of section 61-04-04-01 and is subject to disciplinary action.N.D. Admin Code 61-04-13-01
Adopted by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.Amended by Administrative Rules Supplement 2017-366, October 2017, effective 7/1/2017.General Authority: NDCC 28-32-02, 43-15-10(1)(12), 43-15-31.2, 43-15-34, 43-15-35
Law Implemented: NDCC 28-32-02, 43-15-10(1)(12), 43-15-31.2, 43-15-34, 43-15-35