Section 19-02.1-16.4 - Mail order and home delivery - Prior consent - Refund1. If a pharmacy offers a prescription through home delivery or mail order delivery services, the pharmacy may not initiate delivery of a refill unless: a. The pharmacy obtains prior consent from the patient or the patient's authorized representative; orb. The pharmacy provides the patient with notice of the upcoming delivery through more than one communication attempt, by different means, and the patient or the patient's authorized representative does not respond indicating the patient does not want the refill.2. If a pharmacy delivers a refill in violation of subsection 1: a. Within thirty days of the patient's or the patient's authorized representative's notification of the pharmacy of the unwanted refill, the pharmacy shall refund all payments received by the pharmacy relating to the unwanted refill.b. Within thirty days of the pharmacy's, patient's, or patient's authorized representative's notification of the health plan or the pharmacy benefits manager of the unwanted refill, the health plan and pharmacy benefits manager shall refund all payments received relating to the unwanted refill.Added by S.L. 2019, ch. 184 (HB 1382),§ 1, eff. 1/1/2020.