N.D. Cent. Code § 43-15.1-01 Definitions
43-15.1-01. Definitions
As used in this chapter:
1. "Board" means the state board of pharmacy.
2. "Manufacturer" means any person engaged in manufacturing, preparing, propagating,
compounding, processing, packaging, repackaging, or labeling of a prescription drug.
3. "Pharmacy distributor" means any pharmacy licensed in this state or hospital
pharmacy that is engaged in the delivery or distribution of prescription drugs either to
any other pharmacy licensed in this state or to any other person or entity, including a
wholesale drug distributor, engaged in the delivery or distribution of prescription drugs
and involved in the actual, constructive, or attempted transfer of a drug in this state to
other than the ultimate consumer, if the financial value of the drugs is equivalent to at
least five percent of the total gross sales of the pharmacy distributor.
4. "Prescription drug" means any drug required by federal or state law or regulation to be
dispensed only by a prescription, including finished dosage forms and active
ingredients subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act.
5. "Wholesale drug distribution" means sale of prescription drugs to persons other than a
consumer or patient. The term does not include:
a. Intracompany sale, which is a sale between any division, subsidiary, parent, or
affiliated or related company under the common ownership and control of a
corporate entity.
b. The purchase or other acquisition by a hospital pharmacy or other health care
entity that is a member of a group purchasing organization of a drug for its own
use from the group purchasing organization or from other hospital pharmacies or
health care entities that are members of such organizations.
c. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a
drug, by a charitable organization described in section 501(c)(3) of the Internal
Revenue Code of 1954 to a nonprofit affiliate of the organization to the extent
otherwise permitted by law.
d. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a
drug, among hospital pharmacies or other health care entities that are under
common control.
e. The sale, purchase, or trade of a drug, or an offer to sell, purchase, or trade a
drug, for emergency medical reasons.
f. The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug,
or the dispensing of a drug pursuant to a prescription.
g. A transfer of prescription drugs by a retail pharmacy to another retail pharmacy to
alleviate a temporary shortage.
h. A manufacturer or a manufacturer's sales representative or agent.
6. "Wholesale drug distributor" means any person engaged in the wholesale drug
distribution, including manufacturers; repackers; own-label distributors; jobbers;
brokers; warehouses, including manufacturers' and distributors' warehouses, chain
drug warehouses, and wholesale drug warehouses; independent wholesale drug
traders; sales agents; prescription drug repackagers; physicians; dentists;
veterinarians; birth control and other clinics; individuals; hospital pharmacies; nursing
home pharmacies or their providers; health maintenance organizations and other
health care providers; and retail and hospital pharmacies that conduct wholesale
distributions. The term does not include any common carrier or individual hired solely
to transport prescription drugs.