43-15.3-07. Order to cease distribution

43-15.3-07. Order to cease distribution

1. The board shall issue an order requiring the appropriate person, including the

distributors or retailers of the drug, gas, or equipment to immediately cease distribution

of the drug, gas, or equipment within the state if the board finds there is a reasonable

probability:

a. A wholesale distributor, other than a manufacturer, has violated a provision in this

chapter or falsified a pedigree or sold, distributed, transferred, manufactured,

repackaged, handled, or held a counterfeit prescription drug, medical gas, or

medical equipment intended for human use;

b. The prescription drug, medical gas, or medical equipment at issue as a result of a

violation in subdivision a could cause serious, adverse health consequences or

death; and

c. Other procedures would result in unreasonable delay.

2. An order under subsection 1 must provide the individual subject to the order with an

opportunity for an informal hearing, to be held not later than ten days after the date of

the issuance of the order, on the actions required by the order. If, after providing an

opportunity for such a hearing, the board determines that inadequate grounds exist to

support the actions required by the order, the board shall vacate the order.