§ 19-02.1-16.4 — Mail order and home delivery - Prior consent - Refund

North Dakota § 19-02.1-16.4

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-02.1: North Dakota Food, Drug, and Cosmetic Act

Text

1. 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; or
b. 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.