19-02.1-15. Drugs limited to dispensing on prescription

19-02.1-15. Drugs limited to dispensing on prescription

1. Except as authorized and provided in chapter 19-03.1, a depressant, stimulant, or

hallucinogenic drug; or a drug intended for use by man which is a habit-forming drug to

which subsection 4 of section 19-02.1-14 applies; or a drug that, because of its toxicity

or other potentiality for harmful effect, or the method of its use, or the collateral

measures necessary to its use, is not safe for use except under the supervision of a

practitioner; or a drug limited by an approved application under section 505 of the

federal act or section 19-02.1-16 to use under the professional supervision of a

practitioner, must be dispensed by prescription of a practitioner, and such prescription

may not be filled or refilled after one year from the date on which such prescription

was issued; except that nothing herein may be construed as preventing a practitioner

from issuing a new prescription for the same drug either in writing or orally. Any oral

prescription for such drug must be promptly reduced to writing and filed by the

pharmacist.

2. Any drug dispensed by filling or refilling a written or oral prescription of a practitioner

licensed by law to administer such drug is exempt from the requirements of section

19-02.1-14, except subsection 1, subdivisions b and c of subsection 10, subsections

12 and 13, and the packaging requirements of subsections 8 and 9 of section

19-02.1-14, if the drug bears a label containing the name and address of the

dispenser, the serial number and date of the prescription or of its filling, the name of

the prescriber and, if stated in the prescription, the name of the patient, and the

directions for use and cautionary statements, if any, contained in such prescription.

This exemption does not apply to any drug dispensed in the course of the conduct of a

business of dispensing drugs pursuant to diagnosis by mail or electronic means, or to

a drug dispensed in violation of subsection 1.

3. The department may, by regulation, remove drugs subject to subsection 4 of section

19-02.1-14 and section 19-02.1-16 from the requirements of subsection 1 when such

requirements are not necessary for the protection of the public health. Drugs removed

from the prescription requirements of the federal act by regulations issued thereunder

may also, by regulations issued by the department, be removed from the requirements

of subsection 1.

4. A drug which is subject to subsection 1 must be deemed to be misbranded if at any

time prior to dispensing its label fails to bear the statement "Caution: Federal Law

Prohibits Dispensing Without Prescription", "Rx Only", or "Caution: State Law Prohibits

Dispensing Without Prescription". A drug to which subsection 1 does not apply must be

deemed to be misbranded if at any time prior to dispensing its label bears the caution

statement quoted in the preceding sentence.

5. Nothing in this section may be construed to relieve any person from any requirement

prescribed by or under authority of law with respect to drugs now included or which

may hereafter be included within the classifications of narcotic drugs or marijuana as

defined in the applicable federal and state laws relating to narcotic drugs and

marijuana.