§ 23-01-38 — Electronic drug prior authorization and transmission - Limitations

1. Except as otherwise provided under this subsection, effective August 1, 2015, a drug
prior authorization request must be accessible to a health care provider with the
provider's electronic prescribing software system and must be accepted electronically,
through a secure electronic transmission, by the payer, by the insurance company, or
by the pharmacy benefit manager responsible for implementing or adjudicating or for
implementing and adjudicating the authorization or denial of the prior authorization
request. For purposes of this section, a facsimile is not an electronic transmission. The
requirements in this section do not apply to workforce safety and insurance.
2. Effective August 1, 2013, electronic transmission devices used to communicate a
prescription to a pharmacist may not use any means or permit any other person to use
any means, including advertising, commercial messaging, and popup advertisements,
to influence or attempt to influence through economic incentives the prescribing

decision of a prescribing practitioner at the point of care. Such means may not be
triggered by or be in specific response to the input, selection, or act of a prescribing
practitioner or the prescribing practitioner's staff in prescribing a certain
pharmaceutical or directing a patient to a certain pharmacy. Any electronic
communication sent to the prescriber, including advertising, commercial messaging, or
popup advertisements must be consistent with the product label, supported by
scientific evidence, and meet the federal food and drug administration requirements for
advertising pharmaceutical products.
3. Electronic prescribing software may show information regarding a payer's formulary if
the software is not designed to preclude or make more difficult the act of a prescribing
practitioner or patient selecting any particular pharmacy or pharmaceutical.