N.D. Admin. Code 61-10-01-03
As used in this article:
1. "Article" or "this article" means all of the terms and provisions contained in article 61-10, including sections 61-10-01-01 through 61-10-01-09, inclusive, and any amendments or additions to said article or any of said sections.
2. "Board of pharmacy" means the North Dakota state board of pharmacy.
3. "Blood" means whole blood collected from a single donor processed either for transfusion or further manufacturing.
4. "Blood component" means that part of blood separated by physical or mechanical means.
5. "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.
6. "Manufacturer" is defined as provided in subsection 2 of North Dakota Century Code section 43-15.1-01.
7. "Prescription drug" is defined as provided in subsection 4 of North Dakota Century Code section 43-15.1-01.
8. "Wholesale drug distribution" is defined as provided in subsection 5 of North Dakota Century Code section 43-15.1-01, provided that:
a. Concerning the exclusion from the definition of "wholesale drug distribution" for "intracompany sale" set forth in subdivision a of subsection 5 of North Dakota Century Code section 43-15.1-01, such "sale" includes any transaction or transfer between any division, subsidiary, parent, and/or affiliated or related company under common ownership and control of a corporate entity.
b. For purposes of subdivision a of this subsection and subdivision d of subsection 5 of North Dakota Century Code section 43-15.1-01, "common control" means the power to direct or cause the direction of the management and policies of a person or organization, whether by ownership by stock, voting rights, by contract, or otherwise.
c. For purposes of subdivision e of subsection 5 of North Dakota Century Code section 43-15.1-01, "emergency medical reasons" includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers may not exceed five percent of the total prescription drug sales revenue of either the transferor or transferee retail pharmacy during any twelve-consecutive-month period.
d. "Wholesale drug distribution" does not include the sale, purchase, or trade of blood and blood components intended for transfusion.
9. "Wholesale drug distributor" is defined as provided in subsection 6 of North Dakota Century Code section 43-15.1-01.
N.D. Admin Code 61-10-01-03
General Authority: NDCC 43-15.1-07
Law Implemented: NDCC 43-15.1