North Dakota Administrative Code
Title 61 - Pharmacy, Board of
Article 61-12 - Prescription Drug Monitoring Program
Chapter 61-12-01 - Prescription Drug Monitoring Program
Section 61-12-01-01 - Definitions

For purposes of this chapter:

1. "Board" means the North Dakota board of pharmacy.

2. "Central repository" means a place where electronic data related to the prescribing and dispensing of controlled substances is collected.

3. "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V as set out in North Dakota Century Code chapter 19-03.1 and any other drugs required by law to be monitored by the program.

4. "De-identified information" means health information that is not individually identifiable information because an expert has made that determination under title 45, Code of Federal Regulations, section 164.514, or direct identifiers and specified demographic information have been removed in accordance with the requirements of that section.

5. "Department" means the North Dakota department of human services.

6. "Dispense" means to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery.

7. "Dispenser" means an individual who delivers a controlled substance to the ultimate user, but does not include:

a. A licensed hospital pharmacy that provides a controlled substance for the purpose of inpatient hospital care; or

b. A licensed health care practitioner or other authorized individual in those instances when the practitioner administers a controlled substance to a patient. For purposes of this section, administer means the direct application of a controlled substance to the body of a patient and does not include the prescribing of a controlled substance for administration by the patient or someone other than the health care practitioner.

8. "Individually identifiable health information" has the meaning set forth in title 45, Code of Federal Regulations, section 160.103.

9. "Patient" means an individual or the owner of an animal who is the ultimate user of a controlled substance for whom a prescription is issued and for whom a controlled substance is dispensed.

10. "Prescriber" means an individual licensed, registered, or otherwise authorized by the jurisdiction in which the individual is practicing to prescribe drugs in the course of professional practice.

11. "Program" means the North Dakota prescription drug monitoring program implemented under North Dakota Century Code chapter 19-03.5.

General Authority: NDCC 19-03.5

Law Implemented: NDCC 19-03.5