This text of North Dakota § 50-24.6-02 (Drug use review board) 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.The board is established within the department for the implementation of a drug use
review program.
2.The board consists of seventeen members. The pharmacy administrator of the
department and the medical consultant to the department are ex officio nonvoting
board members who shall provide administrative services to the board. A majority of
the appointed members must be physicians and pharmacists participating in the
medical assistance program. Four or more of the appointed members must have
experience with a drug use review process or have participated in programs in which
prior authorization is used. The appointed members of the board must be:
a.Four physicians licensed in this state and actively engaged in the practice of
medicine, one of whom is a psychiatrist, appointed by the Nor
Free access — add to your briefcase to read the full text and ask questions with AI
1. The board is established within the department for the implementation of a drug use
review program.
2. The board consists of seventeen members. The pharmacy administrator of the
department and the medical consultant to the department are ex officio nonvoting
board members who shall provide administrative services to the board. A majority of
the appointed members must be physicians and pharmacists participating in the
medical assistance program. Four or more of the appointed members must have
experience with a drug use review process or have participated in programs in which
prior authorization is used. The appointed members of the board must be:
a. Four physicians licensed in this state and actively engaged in the practice of
medicine, one of whom is a psychiatrist, appointed by the North Dakota medical
association;
b. Two physicians licensed in this state and actively engaged in the practice of
medicine, appointed by the commissioner of the department or the
commissioner's designee;
c. Four pharmacists licensed in this state and actively engaged in the practice of
pharmacy, appointed by the North Dakota pharmaceutical association;
d. Two pharmacists licensed in this state and actively engaged in the practice of
pharmacy, appointed by the commissioner of the department or the
commissioner's designee;
e. One individual who represents consumer interests, appointed by the governor;
f. One pharmacist or physician representing the brand pharmaceutical industry
appointed by the pharmaceutical research and manufacturers of America; and
g. One pharmacist or physician representing the generic pharmaceutical industry
appointed by the association for accessible medicines.
3. Appointed board members shall serve staggered three-year terms. An appointed
member may be reappointed for a period not to exceed three 3-year terms. A vacancy
on the board must be filled for the balance of the unexpired term from the appropriate
board category as provided under subsection 2. The commissioner of the department
or the commissioner's designee may replace an appointed member of the board who
fails to attend three consecutive meetings of the board without advance excuse or who
fails to perform the duties expected of a board member. The pharmaceutical industry
representatives are nonvoting board members.
4. Voting board members shall select a presiding officer and a vice presiding officer on an
annual basis from the board's voting membership. One-half or more of nonvacant
voting board member positions constitutes a quorum.
5. The board shall meet at least once every three months and may meet at other times at
the discretion of the presiding officer. A board member is entitled to receive from the
department or the department's vendor per diem compensation and reimbursement of
expenses as determined by the department or the department's vendor, except that no
compensation under this section may be paid to any board member who receives
compensation or salary as a state employee or official.
6. A board member appointed under subdivisions a through d of subsection 2 is not
subject to the bona fide resident of the state requirement under section 44-03-04 if the
board member is providing services to residents of the state receiving medical
assistance through telemedicine or telepharmacy. The affected association shall
continue to recruit in-state board members for that board member position and will
replace the nonresident board member once the affected association has enough
appointees for all of their board member positions.
7. A board member appointed under subdivision f or subdivision g of subsection 2 is not
subject to the bona fide resident of the state requirement under section 44-03-04.