This text of North Dakota § 43-15.3-05 (Restrictions on transactions) 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.
1.A wholesale distributor shall receive prescription drug returns or exchanges from a
pharmacy or chain pharmacy warehouse under the terms and conditions of the
agreement between the wholesale distributor and the pharmacy or between the
wholesale distributor and the chain pharmacy warehouse, including the returns of
expired, damaged, and recalled pharmaceutical product to either the original
manufacturer or a third-party returns processor, and the returns or exchanges are not
subject to the pedigree requirement of section 43-15.3-06 if they are exempt from
pedigree under the federal food and drug administration's currently applicable
guidance for the federal Prescription Drug Marketing Act of 1987 [Pub. L. 100-293;
102 Stat. 95]. Wholesale distributors and pharmacies must ensure that the
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1. A wholesale distributor shall receive prescription drug returns or exchanges from a
pharmacy or chain pharmacy warehouse under the terms and conditions of the
agreement between the wholesale distributor and the pharmacy or between the
wholesale distributor and the chain pharmacy warehouse, including the returns of
expired, damaged, and recalled pharmaceutical product to either the original
manufacturer or a third-party returns processor, and the returns or exchanges are not
subject to the pedigree requirement of section 43-15.3-06 if they are exempt from
pedigree under the federal food and drug administration's currently applicable
guidance for the federal Prescription Drug Marketing Act of 1987 [Pub. L. 100-293;
102 Stat. 95]. Wholesale distributors and pharmacies must ensure that the aspects of
this operation are secure and do not permit the entry of adulterated and counterfeit
product.
2. A manufacturer or wholesale distributor shall furnish prescription drugs only to a
person licensed by the appropriate state licensing authorities. Before furnishing
prescription drugs to a person not known to the manufacturer or wholesale distributor,
the manufacturer or wholesale distributor shall affirmatively verify that the person is
legally authorized to receive the prescription drugs by contacting the appropriate state
licensing authorities.
3. Prescription drugs furnished by a manufacturer or wholesale distributor may be
delivered only to the premises listed on the license. The manufacturer or wholesale
distributor may furnish prescription drugs to an individual or agent of that individual at
the premises of the manufacturer or wholesale distributor if:
a. The identity and authorization of the recipient are properly established; and
b. This method of receipt is employed only to meet the immediate needs of a
particular patient of the authorized individual.
4. Prescription drugs may be furnished to a hospital pharmacy receiving area if a
pharmacist or authorized receiving personnel signs, at the time of delivery, a receipt
showing the type and quantity of the prescription drug so received. Any discrepancy
between receipt and the type and quantity of the prescription drug actually received
must be reported to the delivering manufacturer or wholesale distributor by the next
business day after the delivery to the pharmacy receiving area.
5. A manufacturer or wholesale distributor may not accept payment for or allow the use of
a person's credit to establish an account for the purchase of prescription drugs from
any individual other than the owner of record, the chief executive officer, or the chief
financial officer listed on the license of an individual legally authorized to receive
prescription drugs. Any account established for the purchase of prescription drugs
must bear the name of the licensee.