North Dakota Law Regarding Pharmacy Operator Requirements Remains

March 4, 2011 9:29 am

The North Dakota House voted 68 to 26 against House Bill 1434 that would have eliminated the state’s requirement that pharmacies be majority-owned by pharmacists licensed in the state as reported in The Dickinson Press. Currently, North Dakota code 43-15-35 (PDF), “Requirements for permit to operate pharmacy – Exceptions,” includes as one of the requirements proof that “The applicant for such permit is qualified to conduct the pharmacy, and is a licensed pharmacist in good standing or is a partnership, each active member of which is a licensed pharmacist in good standing; a corporation or an association, the majority stock in which is owned by licensed pharmacists in good standing; or a limited liability company, the majority membership interests in which is owned by licensed pharmacists in good standing, actively and regularly employed in and responsible for the management, supervision, and operation of such pharmacy.” As noted in an Associated Press report, North Dakota, the only state with such a law, adopted it in 1963. A similar repeal bill was voted down in 2009 and the law survived a challenge in the US Supreme Court in 1974, as explained in a Drug Topics article.