43-15.3-05. Restrictions on transactions

43-15.3-05. Restrictions on transactions

1. A wholesale distributor shall receive prescription drug returns or exchanges from a

pharmacy or chain pharmacy warehouse under the terms and conditions of the

agreement between the wholesale distributor and the pharmacy or between the

wholesale distributor and the chain pharmacy warehouse, including the returns of

expired, damaged, and recalled pharmaceutical product to either the original

manufacturer or a third-party returns processor, and the returns or exchanges are not

subject to the pedigree requirement of section 43-15.3-06 if they are exempt from

pedigree under the federal food and drug administration's currently applicable

guidance for the federal Prescription Drug Marketing Act of 1987 [Pub. L. 100-293;

102 Stat. 95]. Wholesale distributors and pharmacies must ensure that the aspects of

this operation are secure and do not permit the entry of adulterated and counterfeit

product.

2. A manufacturer or wholesale distributor shall furnish prescription drugs only to a

person licensed by the appropriate state licensing authorities. Before furnishing

prescription drugs to a person not known to the manufacturer or wholesale distributor,

the manufacturer or wholesale distributor shall affirmatively verify that the person is

legally authorized to receive the prescription drugs by contacting the appropriate state

licensing authorities.

3. Prescription drugs furnished by a manufacturer or wholesale distributor may be

delivered only to the premises listed on the license. The manufacturer or wholesale

distributor may furnish prescription drugs to an individual or agent of that individual at

the premises of the manufacturer or wholesale distributor if:

a. The identity and authorization of the recipient are properly established; and

b. This method of receipt is employed only to meet the immediate needs of a

particular patient of the authorized individual.

4. Prescription drugs may be furnished to a hospital pharmacy receiving area if a

pharmacist or authorized receiving personnel signs, at the time of delivery, a receipt

showing the type and quantity of the prescription drug so received. Any discrepancy

between receipt and the type and quantity of the prescription drug actually received

must be reported to the delivering manufacturer or wholesale distributor by the next

business day after the delivery to the pharmacy receiving area.

5. A manufacturer or wholesale distributor may not accept payment for or allow the use of

a person's credit to establish an account for the purchase of prescription drugs from

any individual other than the owner of record, the chief executive officer, or the chief

financial officer listed on the license of an individual legally authorized to receive

prescription drugs. Any account established for the purchase of prescription drugs

must bear the name of the licensee.