Specialty pharmacy services and patient access to pharmaceuticals - Pharmacy benefits managers - Penalty
N.D. Cent. Code § 19-02.1-16.2
in effect19-02.1-16.2. Specialty pharmacy services and patient access to pharmaceuticals -
Pharmacy benefits managers - Penalty.
1. As used in this section:
a. "Pharmacy benefits manager" has the same meaning as in section 19-03.6-01.
b. "Plan sponsor" has the same meaning as in section 19-03.6-01.
c. "Specialty drug" means a prescription drug that:
(1) Is not available for order or purchase by a retail community pharmacy and
long-term care pharmacy, regardless of whether the drug is meant to be
self-administered; and
(2) Requires special storage and has distribution or inventory limitations not
available at a retail community pharmacy or long-term care pharmacy.
d. "Third-party payer" has the same meaning as in section 19-03.6-01.
2. If requested by a plan sponsor contracted payer, a pharmacy benefits manager or
third-party payer that has an ownership interest, either directly or through an affiliate or
subsidiary, in a pharmacy shall disclose to the plan sponsor contracted payer any
difference between the amount paid to a pharmacy and the amount charged to the
plan sponsor contracted payer.
3. A pharmacy benefits manager or a pharmacy benefits manager's affiliates or
subsidiaries may not own or have an ownership interest in a patient assistance
program and a mail order specialty pharmacy, unless the pharmacy benefits manager,
affiliate, or subsidiary agrees to not participate in a transaction that benefits the
pharmacy benefits manager, affiliate, or subsidiary instead of another person owed a
fiduciary duty.
4. A pharmacy benefits manager or third-party payer may not require pharmacy
accreditation standards or recertification requirements to participate in a network which
are inconsistent with, more stringent than, or in addition to the federal and state
requirements for licensure as a pharmacy in this state.
5. A licensed pharmacy or pharmacist may dispense any and all drugs allowed under that
license.
6. A pharmacy benefits manager or other third-party payer that violates this section is
guilty of a class B misdemeanor for each violation occurrence.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t19c02-1.pdf#nameddest=19-02p1-16p2Fetched: 10/16/2026