This text of North Dakota § 43-15.3-10 (Retail medical gas retailers - Reciprocity) 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 person may not sell or deliver medical gases and related medical equipment directly
to a consumer unless licensed by the board as a retail medical gas retailer.
a.As a term of licensure under this section, a licensee shall employ or contract with
an in-state licensed respiratory therapist or other health care professional
authorized by that professional's practice act to prescribe or administer the
medical gases and related medical equipment. The applicant shall furnish on the
application the name and license number of the individual or licensee the
applicant employees or with which the applicant contracts. Within thirty days of a
change, a retailer shall provide the board with notice of any change in the
licensee.
b.A retail medical gas retailer may sell or deliver to a patient's h
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1. A person may not sell or deliver medical gases and related medical equipment directly
to a consumer unless licensed by the board as a retail medical gas retailer.
a. As a term of licensure under this section, a licensee shall employ or contract with
an in-state licensed respiratory therapist or other health care professional
authorized by that professional's practice act to prescribe or administer the
medical gases and related medical equipment. The applicant shall furnish on the
application the name and license number of the individual or licensee the
applicant employees or with which the applicant contracts. Within thirty days of a
change, a retailer shall provide the board with notice of any change in the
licensee.
b. A retail medical gas retailer may sell or deliver to a patient's home medical gases
and related equipment in accordance with a practitioner's prescription or drug
order. The retail medical gas retailer shall keep the original drug order or an
electronic copy of each drug order at the licensed location or must have available
for inspection an electronic copy of the original drug order or electronic copy of
the drug order. A prescription or drug order is not valid after one year, except a
prescription or order for maintenance equipment may be perpetual. A retail
medical gas retailer shall maintain a prescription or drug order for five years.
2. An out-of-state retail medical gas retailer or a principal or agent of the retailer may not
conduct business in this state unless the retailer is licensed by the board as a retail
medical gas retailer, paid the fee required by the board, and is registered with the
secretary of state. An applicant shall submit an application for a license on a form
furnished by the board and the application must be accompanied by a copy of the
certificate of authority from the secretary of state. The issuance of a license under this
section does not change or affect tax liability imposed by this state on an out-of-state
medical gas retailer.
3. The board may adopt rules that permit an out-of-state retail medical gas retailer to
obtain a license on the basis of reciprocity if the retailer possesses a valid license
granted by another jurisdiction and the legal standards for licensure in the other
jurisdiction are comparable to the standards under this chapter and if the other
jurisdiction extends reciprocity to retail medical gas retailers licensed in this state.
However, if the requirements for licensure under this chapter are more restrictive than
the standards of the other jurisdiction, the out-of-state retail medical gas retailer shall
comply with the additional requirements of this chapter to obtain a license under this
chapter.