Section 61-12-01-04 - Required use for certain dispensing situations1. Each dispenser licensed by a regulatory agency in the state of North Dakota who dispenses a controlled substance to a patient shall, at a minimum, request and review a prescription drug monitoring report covering at least a one-year time period or another state's report, or both reports, when applicable and available prior to initially dispensing a prescription, with the exception of prescriptions for a patient in a skilled long-term care facility or a hospice patient. Further reports must be requested and reviewed if the dispenser becomes aware of a person currently:a. Receiving reported drugs from multiple prescribers;b. Receiving reported drugs for more than twelve consecutive weeks;c. Abusing or misusing reported drugs (i.e., over-utilization; early refills; appears overly sedated or intoxicated upon presenting a prescription for a reported drug; or an unfamiliar patient requesting a reported drug by specific name, street name, color, or identifying marks);d. Requesting the dispensing of a reported drug from a prescription issued by a prescriber with whom the dispenser is unfamiliar (i.e., the prescriber is located out-of-state or the prescriber is outside the usual pharmacy geographic prescriber care area); ore. Presenting a prescription for reported drugs when the patient resides outside the usual pharmacy geographic patient population.2. After obtaining an initial prescription drug monitoring report on a patient, a dispenser shall use professional judgment based on prevailing standards of practice in deciding the frequency of requesting and reviewing further prescription drug monitoring reports or other state's reports, or both reports, for that patient.3. In the rare event a report is not immediately available, the dispenser shall use professional judgment in determining whether it is appropriate and in the patient's best interest to dispense the prescription prior to receiving and reviewing a report.4. For the purpose of compliance with subsection 1, a report could be obtained through a prescription drug monitoring program intergration with software or also a board-approved aggregate tool, for which the NARxCARE will be an approved tool. N.D. Admin Code 61-12-01-04
Adopted by Administrative Rules Supplement 2014-354, October 2014, effective 10/1/2014. .Amended by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.General Authority: NDCC 19-03.5, 19-03.5-09, 43-15-10(12)
Law Implemented: NDCC 19-03.5