{"data":{"id":"us-nd/n.d.-cent.-code-19-02.1-16.2","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 19-02.1-16.2","heading":"Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty","body":"1.As used in this section:\na.\"Pharmacy benefits manager\" has the same meaning as in section 19-03.6-01.\nb.\"Plan sponsor\" has the same meaning as in section 19-03.6-01.\nc.\"Specialty drug\" means a prescription drug that:\n(1)Is not available for order or purchase by a retail community pharmacy and long-term care pharmacy, regardless of whether the drug is meant to be self-administered; and\n(2)Requires special storage and has distribution or inventory limitations not available at a retail community pharmacy or long-term care pharmacy.\nd.\"Third-party payer\" has the same meaning as in section 19-03.6-01.\n2.If requested by a plan sponsor contracted payer, a pharmacy benefits manager or third-party payer that has an ownership interest, either directly or through an affiliate or subsidiary, in a pharmacy shall disclose to the plan sponsor contracted payer any difference between the amount paid to a pharmacy and the amount charged to the plan sponsor contracted payer.\n3.A pharmacy benefits manager or a pharmacy benefits manager's affiliates or subsidiaries may not own or have an ownership interest in a patient assistance program and a mail order specialty pharmacy, unless the pharmacy benefits manager, affiliate, or subsidiary agrees to not participate in a transaction that benefits the pharmacy benefits manager, affiliate, or subsidiary instead of another person owed a fiduciary duty.\n4.A pharmacy benefits manager or third-party payer may not require pharmacy accreditation standards or recertification requirements to participate in a network which are inconsistent with, more stringent than, or in addition to the federal and state requirements for licensure as a pharmacy in this state.\n5.A licensed pharmacy or pharmacist may dispense any and all drugs allowed under that license.\n6.A pharmacy benefits manager or other third-party payer that violates this section is guilty of a class B misdemeanor for each violation occurrence.","path":["Title 19 Foods, Drugs, Oils, And Compounds","Chapter 19-02.1 North Dakota Food, Drug, And Cosmetic Act"],"source_url":"https://ndlegis.gov/cencode/t19c02-1.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"ee54f418b53f1f31d3bbd6680c3c2fc7f8fbbc9e18fbd831ea45f992a48fd7be","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-19-02.1-16.1","next":"us-nd/n.d.-cent.-code-19-02.1-16.3"},"notice":"GroundRules: Original legal text. Not legal advice."}