§ 43-15.3-09 — Penalties

North Dakota § 43-15.3-09

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-15.3: Wholesale Drug Pedigree

Text

1. The board may impose the following sanctions if, after a hearing under chapter 28-32,
the board finds that a person violated section 43-15.3-08:
a. Revoke, suspend, or limit the wholesale distributor's license issued under this
chapter if the person is a wholesale distributor; or
b. Assess a civil penalty against the person. A civil penalty assessed may not
exceed ten thousand dollars per violation.
2. The board, upon a showing of a violation of this chapter, may revoke, suspend, or limit
a license issued under this chapter after a proceeding under chapter 28-32. After a
proceeding under chapter 28-32, the board may assess a civil penalty against a
licensed wholesale distributor of not more than ten thousand dollars for each
occurrence. If the licensed wholesale distributor fails to pay the civil penalty within the
time specified by the board, the board may suspend the license without additional
proceedings.
3. Upon application by the board, a court may grant an injunction, a restraining order, or
other order to enjoin a person from offering to engage or engaging in the performance
of any practices for which a permit or license is required by any applicable federal or
state law including this chapter, upon a showing that the practices were or are likely to
be performed or offered to be performed without a permit or license. An action brought
under this subsection must be commenced either in the county where the conduct
occurred or is likely to occur or in the county in the state where the defendant resides.
An action brought under this subsection is in addition to any other penalty provided by
law and may be brought concurrently with other actions to enforce this chapter.
4. A person that knowingly purchases or receives a prescription drug, medical gas, or
medical equipment through any source other than a person licensed under this
chapter, including a wholesale distributor, manufacturer, pharmacy distributor, or
pharmacy commits a class A misdemeanor. A subsequent unrelated violation of this
subsection is a class C felony.
5. A person that knowingly fails to provide a duly authorized individual the right of entry
as provided in subsection 5 of section 43-15.3-04 is guilty of a class A misdemeanor
for the first conviction and a class C felony for each subsequent conviction.
6. A person that knowingly or intentionally engages in the wholesale distribution of a
prescription drug, medical gas, or medical equipment without a license issued under
this chapter commits a class C felony. A person is guilty of a class C felony if that
person engages in the wholesale distribution of a prescription drug and with intent to
defraud or deceive fails to obtain or deliver to another person a complete and accurate
required pedigree concerning a prescription drug before obtaining the prescription
drug from another person or transferring the prescription drug to another person or
falsely swears or certifies that the person has authenticated any documents to the
wholesale distribution of prescription drugs.
7. A person is guilty of a class C felony if that person engages in the wholesale
distribution of a prescription drug, medical gas, or medical equipment and knowingly or
intentionally:

a. Destroys, alters, conceals, or fails to maintain a complete and accurate required
pedigree concerning a prescription drug in the person's possession;
b. Purchases or receives prescription drugs, medical gases, or medical equipment
from a person not authorized to distribute prescription drugs, medical gases, or
medical equipment in wholesale distribution;
c. Sells, barters, brokers, or transfers a prescription drug, medical gas, or medical
equipment to a person not authorized to purchase the prescription drug, medical
gas, or medical equipment in the jurisdiction in which the person receives the
prescription drug, medical gas, or medical equipment in a wholesale distribution;
d. Forges, counterfeits, or falsely creates a pedigree;
e. Falsely represents a factual matter contained in a pedigree; or
f. Fails to record material information required to be recorded in a pedigree.
8. A person is guilty of a class C felony if that person engages in the wholesale
distribution of a prescription drug and possesses a required pedigree concerning a
prescription drug, knowingly or intentionally fails to authenticate the matters contained
in the pedigree as required, and distributes or attempts to further distribute the
prescription drug.