§ 43-15-42.2 — Impaired pharmacists program

North Dakota § 43-15-42.2

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-15: Pharmacists

Text

1. Any pharmaceutical peer review committee may report relevant facts to the board
relating to the acts of any pharmacist in this state if it has knowledge relating to the
pharmacist which, in the opinion of the peer review committee, might impair
competency due to dependency on alcohol or drugs, abuse of alcohol or drugs, or due
to physical or mental illness, or which might endanger the public health and safety or
provide grounds for disciplinary action under chapter 43-15.
2. Any committee of a professional association comprised primarily of pharmacists, its
staff, or any district or local intervenor participating in a program established to aid
pharmacists impaired by substance abuse or mental or physical illness may report in
writing to the board the name of the impaired pharmacist together with the pertinent
information relating to the impairment. The board may report to any committee of such
professional association, or the association's designated staff, information which it may
receive with regard to any pharmacist who may be impaired by substance abuse or
mental or physical illness.
3. Upon a determination by the board that a report submitted by a peer review committee
or professional association committee is without merit, the report must be expunged
from the pharmacist's individual record in the board's office. A pharmacist or a
pharmacist's authorized representative may, on request, examine the pharmacist's
peer review or the pharmaceutical association's committee report submitted to the
board and place into the record a statement of reasonable length of the pharmacist's
view with respect to any information in the report.
4. Notwithstanding the provisions of section 44-04-18, the records and proceedings of
the board, compiled in conjunction with an impaired pharmacist peer review
committee, are confidential and are not to be considered public records or open
records unless the affected pharmacist so requests; provided, however, the board may
disclose this confidential information only if any of the following apply:
a. In a disciplinary hearing before the board or in a subsequent trial or appeal of a
board action or order.
b. To the pharmacist licensing or disciplinary authorities of other jurisdictions.
c. Under an order of a court of competent jurisdiction.
5. a. No employee or member of the board, peer review committee member,
pharmaceutical association committee member, or pharmaceutical association
district or local intervenor furnishing in good faith information, data, reports, or

records for the purposes of aiding the impaired pharmacist may, by reason of
furnishing the information, be liable for damages to any person.
b. No employee or member of the board or the committee, staff, or intervenor
program is liable for damages to any person for any action taken or
recommendations made in good faith by the board, committee, or staff.