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NORTH DAKOTA BOARD OF PHARMACY
[Authorized: NDCC Section 43-15-03]

The first legislation regulating pharmacies or apothecaries was passed in 1862 (T. L. 1862, Ch. 45), and in 1865 regulations on recordkeeping for the sale and labeling of poisons had been articulated by the Territorial Legislature (T. L. 1865, Ch. 22). When the Territorial Legislature met in 1887 it created two pharmaceutical districts and two Boards of Pharmacy to regulate pharmacists in the territory (T. L. 1887, Ch. 121). The districts corresponded to the present states of North and South Dakota. Each pharmacy district was controlled by a Board appointed by the Territorial Governor for staggered three-year terms. Members of each Board were nominated by their respective district pharmaceutical associations. At statehood all territory lying north of the seventh standard parallel constituted a district to be known as the North Dakota Pharmaceutical District along with a pharmaceutical association known as the North Dakota Pharmaceutical Association who selected five practicing pharmacists residing in North Dakota. Appointments were made by the Governor to constitute the Board of Pharmacy (S. L. 1889, Ch. 99). When the North Dakota Board of Pharmacy was established in 1890 the three pharmacists board members served for staggered three-year terms (S. L. 1890, Ch. 108). The members of the Board of Pharmacy were chosen from a list of five nominees provided to the Governor by the North Dakota Pharmaceutical Association. The Governor selected a new board member from the list of three pharmacists chosen by the Pharmaceutical Association. A president and secretary were chosen from the newly organized Board. Qualifications to be a registered pharmacist changed with nearly each legislative session and more education and experience was required. In 1893 the Board issued a license to a person who had four successive years of practical experience in issuing prescriptions in a pharmacy setting. Certificates of registration were issued to graduates of a four-year school of pharmacy (S. L. 1893, Ch. 80).  As early as 1893 exams were required to complete the licensure process. 
 
In 1905 the law was established relating to the registration of pharmacists. Candidates were either graduates in pharmacy from a college approved by the Board, or they had been working for four years in a pharmacy preparing a patient’s prescriptions as ordered by a physician.  Rules were also set up for an apprentice (S. L. 1905, Ch. 146). In 1907 the Board of Pharmacy was expanded to five members appointed by the Governor to serve staggered five-year terms. The members of the Board of Pharmacy were selected by the Governor from a list of registered pharmacists as provided by the North Dakota Pharmaceutical Association. The term of office increased to five years and the officers were appointed at the first regular meeting. The president and the treasurer were the only officers required to be Board members while others serving could be members from the North Dakota Pharmaceutical Association. It was the responsibility of the secretary to keep a record of all the registered pharmacists along with their current addresses and current place of employment. The Board held at least two meetings and no more than four meetings each year. Two meetings were necessary to administer exams to those unlicensed who had met the qualifications. Duties of the Board included reviewing applications for registration, examining and granting certificates for registration, prosecuting persons who violated pharmaceutical standards, and submitting an annual report to the Governor and North Dakota Pharmaceutical Association (S. L. 1907, Ch. 182).

Legislation in 1927 gave the Board the responsibility of determining what constituted an approved school of pharmacy. The Board required that a school maintain standards equivalent to those established by the American Association of Colleges of Pharmacy. In North Dakota, the School of Pharmacy at North Dakota State University in Fargo fulfilled the requirements (S. L. 1927, Ch. 211). In 1929 licensing required a pharmacist be a graduate from an approved college and to have completed two years of practical experience (S. L. 1929, Ch. 185). 

Licenses were displayed in a conspicuous space at the pharmacist’s place of business and the proprietor of a pharmacy was required to be a registered pharmacist (S. L. 1931, Ch. 212). In 1935 state law established that all persons wishing to become a registered pharmacist obtain a degree in pharmacy from a qualified school. Candidates took an exam, paid a fee, and were issued a license by the Board (S. L.1935, Ch. 232). In 1937 the legislature gave the Board the authority to make rules and regulation, “not inconsistent with the law as were necessary to carry out the purpose and enforce the provision of the law”. State law required all pharmacies, drugstores, and apothecaries to apply for a permit fulfilling requirements with respect to the rules and regulations set by the Board of Pharmacy. The permits were renewable annually upon the payment of a fee and permits were to be displayed prominently in the place of business. If a person operated or owned more than one pharmacy each site had to have a permit. The permits were issued by the Board of Pharmacy. 1937 legislation also set standards for pharmacies and directed the Board to enforce the legislation. In order for this to be accomplished the Board selected a representative to visit each pharmacy in the state once a year to see that businesses complied with the law, displayed the permit to operate, and maintained the equipment and the facility.  The representative inspected all appliances for cleanliness and met with the pharmacist who was in charge to discuss whether the pharmacy was in compliance with the rules and regulation required by the Board (S.L.1937, Ch. 193).

Registered pharmacists were entitled to membership in the North Dakota Pharmaceutical Association (S. L. 1941, Ch. 185). In 1949, qualifications were outlined for receiving a certificate from the Board (S. L. 1949, Ch. 289), and operating a pharmacy required a permit, application, and fee (S. L. 1949, Ch. 290). If a pharmacy failed to renew the permit before the expiration date a reasonable explanation that met with Board approval was required, and if the reason met with the approval of the Board an additional fee for a late renewal had to be paid. Reinstatement came after an acceptable explanation was given and an additional fee was paid. (S. L. 1949, Ch. 291).

Ten years later there were changes in the makeup of the officers of Board. Only the president had to be a Board member. The secretary and treasurer could be suitable members of the Pharmaceutical Association. The Board could employ and pay one or more inspectors to inspect pharmacies, investigate pharmacies for information on behalf of the Board, and procure evidence to aid in prosecution or a court action. More attention was given to regulating the sale of controlled substances. Lifetime certificates were issued to pharmacists who for fifty years, held a certificate of registration (S. L.1959, Ch. 322).

In 1973, a pharmacy intern who was a student of pharmacy and who had completed at least one year of college pharmacy and had worked as an intern under the supervision of a licensed pharmacist had to register with the Board (S. L. 1973, Ch. 351). Several of the bills passed during the legislative session of 1977 included a requirement that pharmacies had to maintain a patient profile for each person to whom the pharmacy dispensed medications (S. L. 1977, Ch. 401). Another law related to the dispensing of prescriptions and how information about the prescription was communicated by a pharmacist to the patient (S. L. 1977, Ch. 402). The 1979 laws concerned the limitations of dispensing of prescriptions, especially controlled substances. (S. L. 1979, Ch. 286). New laws addressed the dispensing of generic name drug products, the liability of pharmacists, and manufacturing standards and practices (S. L. 1979, Ch. 285).  Legislation eliminated qualifications and registrations for assistant pharmacists (S. L. 1979, Ch. 467).

In 1981 new sections were added to the Century Code concerning the powers of the Board and also disciplinary actions and penalties (S. L. 1981, Ch. 444). Also in 1985 three new subsections of the Century Code authorized the Board to take action when pharmacy laws were violated and to license, examine, issue permits, and register new pharmacists. The Board was also authorized to discipline violators by means of probation, warnings, and fines on pharmacies or pharmacists. It had authority to either cancel licenses, permits, and registrations or to restrict or revoke them. The Board adopted rules and regulations relating to prescriptive practices (S. L. 1985, Ch. 479). Continuing education was a requirement for license renewal with the Board determining the number of units required. After completing the necessary continuing education credits a pharmacist could apply for a renewal license (S. L. 1985, Ch. 480). In 1987 legislation required out-of- state pharmaceutical businesses to obtain a permit from the Board of Pharmacy in order to ship, mail, or deliver prescriptions to North Dakota patients (S. L. 1987, Ch. 521). Finally in 1989 the Board appointed a Wholesale Drug Advisory Committee made up of one pharmacist, a wholesale drug representative, and a representative from the drug manufacturing industry.  The purpose was to review and make recommendations to the Board on the merit of the rules of the Board which dealt with wholesale drug distributors, pharmacy distributors, and drug manufacturers (S. L. 1989, Ch. 523). 

New legislation in 1991 included an update of the definition of the practice of pharmacy (S. L. 1991, Ch. 457). Registration with the Board was required before practicing pharmacy in the state (S. L. 1991, Ch. 458). Also physician assistants were given prescriptive authority and were required to notify the Board to receive this permission (S. L. 1991, Ch. 459). In 1993 the word registered or registration was removed from the Century Code when referring to a pharmacist. It was replaced with the words license or licensed. Also in 1993 an executive director was hired to assume the administrative responsibilities from the president of the Board and was authorized by the Board to sign notices, complaints, statements of charge, stipulations, settlements, and agreements. The executive director led in fact finding cases, and reported the conclusions of the law and decisions of the Board. The executive director could also serve as secretary-treasurer. The president continued to preside over all meetings and was responsible for the performance of all the duties and functions of the Board (S. L. 1993, Ch. 422). In 1995 the Board of Pharmacy registered pharmacy technicians, who were employed by a pharmacy and assisted in the supervision of licensed pharmacist in performing specific tasks. Pharmacy technicians served a vital role in the continued service to patients in rural North Dakota (S. L. 1995, Ch. 405). In 1999 legislation authorized a pharmacy to provide a free copy of a patient’s medical record to a medical provider when designated by the patient for the purpose of transferring to another medical provider (S. L. 1999, Ch. 237). Law provided for educational requirements and quality control procedures for pharmacists who conducted laboratory tests (S. L. 1999, Ch. 378). There was legislation regarding controlled substances, for hospice or long term care patients, and legislation on how pharmacies managed aural instructions from a practitioner to a licensed pharmacist intern or a registered pharmacy technician. Legislation increased the requirements for interns, and pharmacies started to use the electronic version of the US Pharmacopeia (S. L. 1999, Ch. 379).

In 2001 detailed labeling was required on all prescription drugs (S. L. 2001, Ch. 213). Pharmacists administering drugs by injection needed to be trained and display a certificate of authority as issued by the Board (S. L. 2001, Ch. 375). In 2003 legislation established a Drug Utilization Review Board within the Department of Human Services that consisted of fifteen members,  two were ex-officio members from within the department who provided administrative services.  The remaining thirteen were pharmacists and physicians who participated in the medical assistance program. All were appointed by the executive director of the Department of Human Services (S. L. 2003, Ch. 430). In April of 2004 at the annual conference of the North Dakota Pharmaceutical Association, members voted to change the name to the North Dakota Pharmacists Association. In 2005 the law spelled out the qualifications for the Drug Utilization Review Board that grew to sixteen members (S. L. 2005, Ch. 433). In 2007 pharmacies that had closed were required to follow specific rules on the closure of a pharmacy (S. L. 2007, Ch. 363).  The Legislative Council was asked to study regulation and licensing and regulatory functions of the Board to determine whether the functions of the Board conflicted with the advocacy functions of the North Dakota Pharmacists Association (S. L. 2007, Ch. 364). A new chapter of the Century Code related to the creation by the Board for a Legend Prescription Drug and Device Donation and Repository Program. A third party administered the program for the Board (S.L. 2007, Ch. 366). Also in 2009 the Board of Pharmacy regulated the dispensing of prescriptions by optometrists (S. L.2009, Ch.364), and the dental assistants and dental hygienists were also regulated by the Board. Continuing education credits increased to fifteen and had to meet with the approval of the Board (S. L. 2009, Ch. 366). Finally in 2009 legislation increased the Board of Pharmacy to seven members. All were appointed by the Governor including five licensed pharmacists who no longer needed to be members of the North Dakota Pharmacists Association. The other appointments included one registered pharmacy technician and a member representing the public who had no affiliation with the heath care industry. Members served five year terms and each of the members was required to take the oath for civil officers.  Vacancies were filled by the Governor. The Board elected a president, secretary, and treasurer.  Only the president was required to be a Board member, while the secretary and treasurer could be either a licensed pharmacist or registered technician (S. L. 2009, Ch. 365).

With the start of telepharmacy telecommunication, new technologies provided for prescriptive services to rural areas. This allowed a registered pharmacy technician who was likely to be located miles away from the pharmacy and pharmacist, to prepare a prescribed drug for use by the patient. An interactive video link supplied communication between a pharmacist and the technician and patient. This technology aided in continuing the mission of pharmacy in North Dakota; to provide a service of safe, rational, and cost effective use of pharmaceuticals and medical devices in order to protect the health, welfare, and safety of citizens.

CHRONOLOGY
1862       Apothecary,  druggist, and other persons were fined for not labeling a product as a poison (T. L. 1862, Ch. 45).

1865       No druggist or apothecary could sell any poison without recording in a book the person receiving such poison (T. L. 1865, Ch. 22).

1885       The Dakota Pharmaceutical Association was organized on August 3, 1885, in Fargo at a meeting of pharmacists who lived north of the seventh standard parallel in Dakota Territory.

1887       Legislation created two pharmaceutical districts with Boards to regulate pharmacists living within the territory. Districts corresponded with the present states of North and South Dakota (T. L.1887, Ch. 121).

1889       After statehood, all territory lying north of the seventh standard parallel constituted a district to be known as the North Dakota Pharmaceutical District along with a pharmaceutical association known as the North Dakota Pharmaceutical Association who selected five practicing pharmacists residing in North Dakota from which the Governor appointed three                constitute the Board of Pharmacy (S. L. 1889, Ch. 99).

1890       The North Dakota Board of Pharmacy was established with a three member Board who were appointed by the Governor (S. L. 1890, Ch. 108).

1893       Applicants for a license had to take an exam and have practical pharmacy experience or the education requirements. A person having a              diploma from a school of pharmacy received a certificate of registration (S. L. 1893, Ch. 80).

1905       When registering for a pharmacist license the applicant had to be a graduate in pharmacy from a college approved by the Board, or be engaged for a period of not less than four years in the preparation of filling prescriptions for physicians’ patients, or an apprentice in pharmacy who had worked two years as an apprentice followed by two years of college courses (S. L. 1905, Ch. 146).

1907       The Board increased to five members including a president, secretary, and treasurer.  Upon the recommendation of the members of the North Dakota Pharmaceutical Associations the Governor chose five to serve five-year terms with one term             expiring each year. An assistant pharmacist took a Board exam and complied with other rules as established by the Board (S. L. 1907, Ch. 182).

1911       Additional qualifications to become a registered pharmacist were established. Those wishing to take the exam were required to file an application (S. L. 1911, Ch. 202).

1927       The Board was authorized to give exams and register assistant pharmacists (S. L. 1927, Ch. 210), and to determine what constitutes an approved school or college of pharmacy that would be equivalent to the requirements necessary for                 membership in the American Association of the Colleges of Pharmacy (S. L. 1927, Ch. 211).  

1929       Licensing required a pharmacist to be a graduate from an approved college and have two years of practical experience (S. L. 1929, Ch. 185).

1931       A pharmacy license had to be displayed in a conspicuous space at a pharmacist’s place of business. There was a penalty if the proprietor of a pharmacy was not a registered pharmacist
(S. L. 1931, Ch. 212).

1935       State law required all persons wishing to become a registered pharmacist to obtain a degree in pharmacy from a qualified school. Candidates took an exam, paid a fee, and were issued a license by the Board (S. L. 1935, Ch. 232). 

1937       Pharmacies were issued a permit after complying with specific rules and regulations set by the Board. Permits were renewable annually. A pharmacy had to be run by a registered pharmacist (S. L. 1937, Ch.193).

1941       The qualifications required by the Board for registered pharmacists were set up.  Registered pharmacists were entitled to membership in the North Dakota Pharmaceutical Association (S. L. 1941, Ch. 185).
 
1949       Qualifications were outlined for receiving a certificate from the Board (S. L. 1949, Ch. 289). Operating a pharmacy required a permit, application, and fee (S. L. 1949, Ch. 290). If a pharmacy failed to renew the permit before the expiration date, a reasonable explanation that met with Board approval was required. An additional fee was charged if the reason was accepted by the Board and the permit was renewed (S. L. 1949, Ch. 291).

1959       There were changes in the makeup of the officers of Board. The president had to be a Board member but the secretary and treasurer could be registered pharmacists who were members of the Pharmaceutical Association. The Board could employ and pay one or more inspectors to inspect pharmacies, investigate pharmacies for information on behalf of the Board, procure evidence to aid in prosecution or a court action. More attention was given to regulating the sale of controlled substances. Lifetime certificates were issued to          pharmacists who had held for fifty years a certificate of registration (S. L. 1959, Ch. 322).

1973       Qualifications for a pharmacist’s certificate were changed (S. L. 1973, Ch. 350). A registered pharmacy intern could work under a registered pharmacist (S. L. 1973, Ch. 351). Requirements regarding the term, renewal, fee, and display of the pharmacist’s certificate were updated (S. L. 1973, Ch. 352) and laws were changed concerning the necessity of operating a pharmacy without a current permit (S. L. 1973, Ch. 353). Legislation required a fee for reinstatement of a pharmacy permit (S. L. 1973, Ch. 354). The Board submitted a biennial report to the Governor and the Secretary of State and also to the North Dakota Pharmaceutical Association (S. L. 1973, Ch. 402).

1977       Pharmacies were required to maintain a patient profile for each person to whom they dispensed a prescription (S. L. 1977, Ch. 401). Pharmacists were required to provide relevant information to patients about the prescription (S. L. 1977, Ch. 402).

1979       Laws were introduced concerning limited dispensing of                 prescriptions and especially controlled substances (S. L. 1979, Ch. 286). New laws related to the dispensing a generic name drug product, the liability of pharmacists, and manufacturing standards and practices (S. L. 1979, Ch. 285). The qualifications and registrations of the assistant pharmacist were removed from the law and Century Code (S. L. 1979, Ch. 467).

1981       New sections were added to the Century Code concerning increased authority of the Board and disciplinary actions and penalties (S. L. 1981, Ch. 444).

1985       Three new subsections of the Century Code allowed the Board to take action anytime pharmacy laws were violated (S. L. 1985, Ch. 479). Continuing education credits were required for license renewals. The Board determined how many units were needed (S. L. 1985, Ch. 480).

1987       Legislation extended the disciplinary actions taken by the Board (S. L. 1987, Ch. 518). The investigative files remained confidential and were not considered a public record until after a complaint had been filed (S. L. 1987, Ch. 519). Law required all pharmacies to keep readily available the latest revision and supplements to the US Pharmacopoeia/National Formulary or the two volume set of the US Pharmacopeia Dispensing Information. A pharmacist retained for five years a file or a copy of the file on all prescriptions of dispensed or compounded prescriptions available at a pharmacy (S. L. 1987, Ch. 520). Legislation was added concerning the disciplinary actions taken by the Board when an offender’s certificate of registration, permit, or license was suspended (S. L. 1987, Ch. 522). The impaired pharmacists’ program was changed (S. L. 1987, Ch. 523). Disciplinary proceedings by the Board were updated (S. L. 1987, Ch. 524).      
               
1989       A new section of the Century Code related to insurance companies, and to the regulations for prescribing generic drugs. Also included were laws for health care insurers regarding the freedom of choice for a beneficiary wishing to select a new pharmacy (S. L. 1989, Ch. 3, Ch 265, and Ch. 370). Six new sections of the Century Code related to membership in the North Dakota Pharmaceutical Association (S. L. 1989, Ch. 521). Legislation addressed the temporary suspension of a pharmacy permit or a certificate of registration belonging to a pharmacist (S. L. 1989, Ch. 522), and the repeal of a section of the Century Code relating to cancellation of the certificate of registration [NDCC 45-15-28] . The Board was authorized to appoint a Wholesale Drug Advisory Committee. Three association members reviewed and made recommendations to the Board on the merit of Board rules which dealt with wholesale drug distributors, pharmacy distributors, and drug manufacturers (S. L. 1989, Ch. 523). 

1991       The definition of pharmacy practice was updated (S. L. 1991, Ch. 457). Legislation was concerned with the dispensing of drugs without being registered with the Board (S. L. 1991, Ch. 458). The Board authorized physicians’ assistants to prescribe drugs (S. L. 1991, Ch. 459).

1993       A certificate of registration was replaced with a license. The president of the Board was required to preside at all Board meetings and the Board was authorized to employ a pharmacist to serve as a full time employee in the position of executive director (S. L. 1993, Ch. 422). Emergency pharmacy practice laws allowed pharmacists to refill a prescription with a seventy two hour supply until the physician was reached (S. L. 1993, Ch. 423).

1995       Legislation dealt with the question of when a controlled substance could be used (S. L. 1995, Ch. 217 & Ch. 218). Pharmacy technicians who assisted a licensed pharmacist needed to register with the Board (S. L. 1995, Ch. 405). Legislation repealed from the Century Code [NDCC 45-15-13] related to the teaching of pharmacy by members of the Board of Pharmacy (S. L. 1995, Ch. 407). New laws were   established concerning prescriptive practices (S. L. 1995, Ch. 406 and Ch. 408).

1999       Legislation authorized a pharmacy to provide a free copy of a patient’s medical record to a medical provider if a patient planned to transfer to another medical provider (S. L. 1999, Ch. 237). The law provided for educational requirements and quality control procedures for pharmacists who conducted laboratory tests (S. L. 1999, Ch. 378). There was legislation referring to controlled substances and laws on how pharmacies managed aural instructions to pharmacists, interns, or technicians. Legislation broadened the requirements for interns and pharmacies began to use electronic access to the US Pharmacopeia (S. L. 1999, Ch. 379).

2001       To comply with federal law all prescription drugs required specific labeling (S. L. 2001, Ch. 213). Pharmacists administering drugs by injection needed special training and a certificate of authority from the Board (S. L. 2001, Ch. 375).

2003       Legislation established a Drug Utilization Review Board within the Department of Human Services that consisted of fifteen members appointed by the executive director of the Department of Human Services (S. L. 2003, Ch. 430).

2004       At the annual conference in April, members voted to change the name of the North Dakota Pharmaceutical Association to the North Dakota Pharmacists Association.

2005       The Drug Utilization Review Board saw an increase in membership to sixteen. A new selection process was added (S. L. 2005, Ch. 433).

2007       Legislation required specific procedures to be followed when a pharmacy closed (S. L. 2007, Ch. 363). The Legislative Council was asked to study regulation and licensing and regulatory functions of the Board to determine whether the functions of the Board conflicted with the advocacy functions of the North Dakota Pharmacists Association (S. L. 2007, Ch. 364).  A new chapter               of the Century Code was concerned with the creation of a Legend Prescription Drug and Device Donation and Repository Program which the Board established  and developed. A third party administered the program (S. L. 2007, Ch. 366).

2009       New state laws were written for the prescribing and dispensing a controlled substance and certain other specified drugs. Requirements for dispensing controlled substances through available services on the internet were addressed (S. L. 2009, Ch. 198). Amended legislation was related to an appropriation for the medical loan repayment program (S. L. 2009, Ch. 363). Rules were written for prescriptions that were dispensed by an optometrist (S. L. 2009, Ch. 364). The Board increased to seven members who were appointed by the Governor without the recommendation of the North Dakota Pharmacists Association (S. L. 2009, Ch. 365). Licensed pharmacists were required to fulfill fifteen hours annually of approved continuing pharmaceutical education in order to renew a certificate (S. L. 2009, Ch. 366).

2011       Legislation allowed pharmacists to give flu shots to someone at least five years of age and immunize anyone over eleven years (2011, SB2035). Stealing even a single pill from a pharmacy is considered a felony and punishable by five years in prison and $5000.00 fine (2011, SB2356).

SERIES
30882 Minutes.
30883 Audit Reports.
30884 Pharmacist Examinations.
30885 Application Fee Journal.
30886 Photographs.
31976 Records.
31978 Certificates.

SOURCES
Gray, David P.  Guide to the North Dakota State Archives, 1985.
Laws of Dakota Territory.
North Dakota Board of Pharmacy Website.
North Dakota Century Code.
North Dakota Pharmacists Association Website.
North Dakota Secretary of State Blue Book.
North Dakota State Legislature Session Laws.

 

 

 

 

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