34-12B-1.
Right to choose pharmacy for filling prescriptions.
Any person shall have the right
and privilege of having his prescription filled at the pharmacy or by the pharmacist of his choice.
34-12B-2.
Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.
It is a Class 1 misdemeanor for any pharmacy, pharmacist, nursing facility, or nursing
facility administrator, to contract, agree to or arrange for the exclusive right of a pharmacy or
pharmacist to furnish drugs and medicines to residents or patients of a nursing facility, except in
nursing facilities which are owned or operated by a licensed hospital, nursing facilities which
maintain a licensed pharmacy department and nursing facilities which provide patient medication
under a "unit dose" system in accordance with rules and regulations established by the State Board
of Pharmacy.
Source: SL 1975, ch 225, § 2; SL 1977, ch 190, § 16.
34-12B-3 Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemean...
34-12B-3.
Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as
misdemeanor.
It is a Class 1 misdemeanor for any licensed nursing facility or nursing facility
administrator to accept any rebate or free equipment from, or engage in splitting fees with any
pharmacy department or pharmacist that is providing drugs or medicines to such home.
Source: SL 1975, ch 225, § 3; SL 1977, ch 190, § 17.
34-12B-4 Pharmacy splitting fees or giving rebate or free equipment and services to nursing facilit...
34-12B-4.
Pharmacy splitting fees or giving rebate or free equipment and services to nursing
facility as misdemeanor.
It is a Class 1 misdemeanor for any licensed pharmacy or pharmacist to split
fees with, or give a rebate of any type or furnish free equipment to any nursing facility or nursing
facility administrator as an incentive to the nursing facility or nursing facility administrator to
designate such pharmacy or pharmacist as an exclusive provider of drugs and medicines.
Source: SL 1975, ch 225, § 4; SL 1977, ch 190, § 18.
34-12B-5 Nursing facility prohibited from providing exclusive services to pharmacy.
34-12B-5.
Nursing facility prohibited from providing exclusive services to pharmacy.
No
nursing facility or nursing facility administrator shall provide services to a pharmacy or pharmacist
that is not also made available to all pharmacies or pharmacists providing drugs or medicines to said
nursing facility or its residents or patients. A violation of this section is a Class 1 misdemeanor.
Source: SL 1975, ch 225, § 6; SL 1977, ch 190, § 19.
34-12B-6 Violation as ground for suspension or revocation of license.
34-12B-6.
Violation as ground for suspension or revocation of license.
Any violation of this
chapter is grounds for the suspension or revocation of the license of a pharmacy, pharmacist, nursing
facility, or nursing facility administrator by the appropriate licensing board or commission.
Source: SL 1975, ch 225, § 7; SL 1977, ch 190, § 20.
34-12B-7 Investigation of complaints.
34-12B-7.
Investigation of complaints.
The Department of Health shall have the
responsibility to investigate any complaints or alleged violations of this chapter.
Source: SL 1975, ch 225, § 5.
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