North Dakota § 19-02.1-16.2 Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty

North Dakota Statutes

§ 19-02.1-16.2 — Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty

North Dakota § 19-02.1-16.2

Title 19Foods, Drugs, Oils, and Compounds

Ch. 19-02.1North Dakota Food, Drug, and Cosmetic Act

This text of North Dakota § 19-02.1-16.2 (Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 19-02.1-16.2 (2026).

Text

Pharmacy benefits managers - Penalty. 1. As used in this section: a. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01. b. "Plan sponsor" has the same meaning as in section 19-03.6-01. c. "Specialty drug" means a prescription drug that:

(1)Is not available for order or purchase by a retail community pharmacy and long-term care pharmacy, regardless of whether the drug is meant to be self-administered; and

(2)Requires special storage and has distribution or inventory limitations not available at a retail community pharmacy or long-term care pharmacy. d. "Third-party payer" has the same meaning as in section 19-03.6-01. 2. If requested by a plan sponsor contracted payer, a pharmacy benefits manager or third-party payer that has an ownership interest, either directly

Free access — add to your briefcase to read the full text and ask questions with AI

Pharmacy benefits managers - Penalty.
1. As used in this section:
a. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.
b. "Plan sponsor" has the same meaning as in section 19-03.6-01.
c. "Specialty drug" means a prescription drug that:
(1) Is not available for order or purchase by a retail community pharmacy and
long-term care pharmacy, regardless of whether the drug is meant to be
self-administered; and
(2) Requires special storage and has distribution or inventory limitations not
available at a retail community pharmacy or long-term care pharmacy.
d. "Third-party payer" has the same meaning as in section 19-03.6-01.
2. If requested by a plan sponsor contracted payer, a pharmacy benefits manager or
third-party payer that has an ownership interest, either directly or through an affiliate or
subsidiary, in a pharmacy shall disclose to the plan sponsor contracted payer any
difference between the amount paid to a pharmacy and the amount charged to the
plan sponsor contracted payer.
3. A pharmacy benefits manager or a pharmacy benefits manager's affiliates or
subsidiaries may not own or have an ownership interest in a patient assistance
program and a mail order specialty pharmacy, unless the pharmacy benefits manager,
affiliate, or subsidiary agrees to not participate in a transaction that benefits the
pharmacy benefits manager, affiliate, or subsidiary instead of another person owed a
fiduciary duty.
4. A pharmacy benefits manager or third-party payer may not require pharmacy
accreditation standards or recertification requirements to participate in a network which
are inconsistent with, more stringent than, or in addition to the federal and state
requirements for licensure as a pharmacy in this state.
5. A licensed pharmacy or pharmacist may dispense any and all drugs allowed under that
license.

6. A pharmacy benefits manager or other third-party payer that violates this section is
guilty of a class B misdemeanor for each violation occurrence.