Section 56-02-05-08 - Prescribing controlled substancesThe secretary of the board shall certify to the federal drug enforcement agency each licensed optometrist authorized by the board to prescribe controlled substances. When used in this chapter, the term "controlled substances" means only those controlled pharmaceutical agents specifically authorized by North Dakota Century Code chapter 43-13 to be prescribed by optometrists.
1. Optometrists desiring to prescribe controlled substances must obtain and have a current drug enforcement agency registration number for schedule 3 as required for mid-level practitioners prior to prescribing controlled substances. 2. Optometrists desiring to prescribe controlled substances must comply with all federal, state, and local laws and regulations governing controlled substances, including the definition of controlled substances as found in North Dakota Century Code chapter 43-13. Violation of any such controlled substance laws or regulations may be grounds for criminal or civil prosecution under applicable law as well as disciplinary action by the board. 3. Optometrists are prohibited from possessing or dispensing any controlled substance as part of their practice. An optometrist may possess a controlled substance only when being treated for a legitimate medical condition and when such substance is administrated or prescribed by a person licensed and authorized to do so. 4. Optometrists who are authorized by the board to prescribe controlled substances and registered with the drug enforcement agency may only issue a prescription for a controlled substance listed in schedule 3 while acting in the normal course of the accepted standard of practice. The issuance of each such prescription must be for a legitimate medical purpose. 5. Optometrists who are authorized by the board to prescribe controlled substances and registered with the drug enforcement agency are prohibited from prescribing controlled substances for themselves. 6. Optometrists who are authorized by the board to prescribe controlled substances and registered with the drug enforcement agency are prohibited from prescribing controlled substances to persons known or suspected to be addicted to controlled substances. 7. The refill section of a prescription order issued by an authorized optometrist for a controlled substance must have the word "NO" written in it. The numeral "0" in this section or leaving the section blank is prohibited. 8. All controlled substance prescription orders issued by an authorized optometrist must have the number of dosage units (tablets) written out in the English language and, in addition, Arabic numbers must be recorded (e.g., "three" and in addition "3"). 9. The controlled substance prescription order must be signed only by the issuing licensed optometrist authorized by the board to prescribe controlled substances and registered with the drug enforcement agency. 10. All prescription orders for controlled substances issued by an optometrist must be dated on and signed on the day when issued and must contain the full name and address of the patient, drug name, strength, dosage form, quantity prescribed, and directions for use and the name, address, and drug enforcement agency registration number of the licensed optometrist. 11. The licensed optometrist must maintain a separate written log of each controlled substance prescription issued. The log must be made available to the board upon request and must contain the patient's name, address, and date of prescription; the drug name, strength, and dosage form; and the quantity of controlled substances prescribed. The log must be made available to the drug enforcement agency or other law enforcement agencies as required by law. N.D. Admin Code 56-02-05-08
Effective November 1, 1997.General Authority: NDCC 43-13-13
Law Implemented: NDCC 43-13-01, 43-13-22