Clinician-administered drugs
N.D. Cent. Code § 19-02.1-16.6
in effect19-02.1-16.6. Clinician-administered drugs
1. As used in this section:
a. "Clinician-administered drug" means an outpatient prescription drug other than a:
(1) Vaccine that cannot be reasonably self-administered by the patient to whom
the drug is prescribed;
(2) Vaccine that typically is administered:
(a) By a health care provider authorized under the laws of this state to
administer the drug, including when acting under a physician's
delegation and supervision; and
(b) In a physician's office, hospital outpatient infusion center, pharmacy, or
other clinical setting; or
(3) Specialty drug.
b. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.
c. "Specialty drug" has the same meaning as in section 19-02.1-16.2.
d. "Third-party payer" has the same meaning as in section 19-03.6-01.
2. A pharmacy benefits manager, third-party payer, or the agent of a pharmacy benefits
manager or third-party payer may not:
a. Require a patient, as a condition of payment or reimbursement, to purchase
pharmacist services, including prescription drugs, exclusively through a mail-
order pharmacy or a pharmacy benefits manager affiliate, or a combination of
both.
b. Increase patient costs if the patient chooses to not use a mail-order pharmacy or
a pharmacy benefits manager affiliate, but instead uses another participating
provider.
c. Interfere with the patient's right to obtain a clinician-administered drug from the
patient's provider of choice.
d. Limit or exclude availability of a clinician-administered drug if not dispensed by a
mail-order pharmacy or pharmacy benefits manager affiliate, if the drug would
otherwise be covered for patients.
e. Condition, deny, restrict, or refuse to authorize or approve, or reduce payment to
a participating provider for a clinician-administered drug if all criteria for medical
necessity are met, because the participating provider did not obtain clinician-
administered drugs from a mail-order pharmacy or pharmacy benefits manager
affiliate.
f. By contract, written policy, or written procedure, require that a pharmacy
designated by the pharmacy benefits manager or third-party payer dispense a
medication directly to a patient with the expectation or intention that the patient
will transport the medication to a health care setting for administration by a
participating provider.
g. By contract, written policy, or written procedure, require that a pharmacy
designated by the pharmacy benefits manager or third-party payer dispense a
medication directly to a health care setting for a participating provider to
administer to a patient.
h. Require the use of a home infusion pharmacy to dispense clinician-administered
drugs to a patient in the home of the patient.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c02-1.pdf#nameddest=19-02p1-16p6Fetched: 10/16/2026