North Dakota pharmacists may prescribe selected drugs and substitute equivalents

A licensed pharmacist may independently prescribe certain drugs and devices. This applies to pharmacists practicing physically in North Dakota and covers listed conditions, testing-related treatments, travel medicines, emergency medicines, and specified devices. The pharmacist must act in good faith, use reasonable care, and prescribe only within the pharmacist's education and maintained skills. The pharmacist must have a patient relationship, assess the patient's health, keep a written assessment protocol, and arrange referrals and follow-up when appropriate. Treatments for influenza, strep throat, and SARS-CoV-2 require a positive test that qualifies under federal laboratory rules. Emergency prescriptions are limited to the minimum amount needed until the patient can see a provider. This provision takes effect when the Act is filed with the secretary of state.

A pharmacist may substitute a therapeutically equivalent drug for the prescribed drug. The rule applies to pharmacists practicing physically in North Dakota but excludes antidepressants, antipsychotics, chemotherapy drugs, schedule II controlled substances, biological products, and narrow-therapeutic-index drugs. A pharmacist may not substitute a drug when the prescriber bars substitution or the pharmacy board has prohibited that substitution. Before dispensing, the pharmacist must explain the different active ingredient and any dosage or frequency differences. The patient must be told about the right to refuse, and the pharmacist must determine whether substitution lowers cost or improves access. The pharmacist must notify the prescriber electronically within twenty-four hours after dispensing. These substitution rules take effect when the Act is filed with the secretary of state.

Section 43-15-25.3 is repealed. The repealed section concerns approved laboratory tests under North Dakota pharmacy law. The repeal takes effect when the Act is filed with the secretary of state.