Controlled substances dispensed by means of the internet
N.D. Cent. Code § 19-03.1-22.4
in effect19-03.1-22.4. Controlled substances dispensed by means of the internet
1. As used in this section:
a. "Covering practitioner" means, with respect to a patient, a practitioner who
conducts a medical evaluation, other than an in-person medical evaluation, at the
request of a practitioner who:
(1) Has conducted at least one in-person medical evaluation of the patient or an
evaluation of the patient through the practice of telemedicine, within the
previous twenty-four months; and
(2) Is temporarily unavailable to conduct the evaluation of the patient.
b. "Deliver, distribute, or dispense by means of the internet" refers, respectively, to
delivery, distribution, or dispensing of a controlled substance that is caused or
facilitated by means of the internet.
c. "In-person medical evaluation" means a medical evaluation that is conducted with
the patient in the physical presence of the practitioner, without regard to whether
portions of the evaluation are conducted by other health professionals.
d. "Internet" and "practice of telemedicine" have the meanings set forth in the Ryan
Haight Online Pharmacy Consumer Protection Act of 2008 [Pub. L. 110-425; 21
U.S.C. 802-803].
e. "Valid prescription" means a prescription that is issued for a legitimate medical
purpose in the usual course of professional practice by a:
(1) Practitioner who has conducted at least one in-person medical evaluation of
the patient; or
(2) Covering practitioner.
2. A controlled substance that is a prescription drug may not be delivered, distributed, or
dispensed by means of the internet without a valid prescription, but nothing in this
subsection may be construed to imply that one in-person medical evaluation by itself
demonstrates that a prescription has been validly issued for a legitimate medical
purpose within the usual course of professional practice.
3. This section applies to the delivery, distribution, and dispensing of a controlled
substance by means of the internet from a location whether within or outside this state
to a person or an address in this state.
4. Nothing in this section applies to the delivery, distribution, or dispensing of a controlled
substance by a practitioner engaged in the practice of telemedicine in accordance with
applicable federal and state laws.
5. Nothing in this section may be construed as authorizing, prohibiting, or limiting the use
of electronic prescriptions for controlled substances.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c03-1.pdf#nameddest=19-03p1-22p4Fetched: 10/16/2026