News
2026 Special Legislative Session - Highlights from the Board of Medicine
The North Dakota legislature convened during special session on January 21-23, 2026, via Governor Order “for the purpose of acting on funding related to the Rural Health Transformation Program, and for other purposes as determined by the Legislative Assembly.” There were three bills that were passed going into immediate effect that impact licensees.
HB 1622 – Physician Assistant Compact
New Law: this bill entered North Dakota into the Physician Assistant Compact.
Impact: The Physician Assistant Compact is not yet active at this time but it is anticipated that it will go live sometime in 2027.
SB 2401 – Physician CME Requirements
New Law: Requires physicians to complete a minimum of one hour of continuing education on nutrition and metabolic health each renewal cycle.
Impact: Any physician who is not ABMS/AOA Board certified or does not meet other exceptions as outlined in N.D.A.C. 50-04-01-02, will need to obtain one hour of CME credits in nutrition and metabolic health before their license is renewed. The Board will accept AMA and AOA category 1 credits, America Academy of Family Physician credit and elective credit, and courses approved by the Royal College of Physicians and Surgeons of Canada.
SB 2402 – Pharmacy Testing and Prescribing
New Law: There are two main sections of this bill.
The first section, starting on Page 9 of the bill, allows pharmacists who are located in North Dakota to:
- Prescribe any FDA approved drug for lice, cold sores, motion sickness (including the prevention of motion sickness), and hypoglycemia.
- Prescribe the following FDA approved devices: inhalation spacer, nebulizer, disposable diabetes blood sugar testing supplies, pen needles, and auto-injectors containing drugs for patients with a documented history of allergies or anaphylaxis.
- Perform CLIA waived test and if there is a positive result, prescribe drugs for the treatment of Influenza, Group A streptococcal pharyngitis, and COVID. For those testing positive for influenza, the pharmacists may also prescribe an antiviral to anyone exposed to the infected patient.
- Prescribe an FDA approved drug “for the purpose of closing a gap in clinical guidelines” for (i) postexposure prophylaxis for nonoccupational exposure to human immunodeficiency virus infection, and (ii) short acting beta agonists for a patient with asthma who has had a prior prescription for a short acting beta agonist and who has a current prescription for a long term asthma control drug.
- In cases of emergency, prescribe diphenhydramine, epinephrine, and short acting beta agonists.
- Prescribe antimicrobial prophylaxis for the prevention of Lyme disease.
The bill does outline on pages 9-10 the requirements for the pharmacist in order to do the above – including that pharmacists can only prescribe for conditions in which they are educationally prepared and competency has been achieved and maintained, only prescribe for legitimate medical purpose arising from a patient-pharmacist relationship, obtain adequate information about the patient’s health status before prescribing, and maintain a patient assessment protocol based on current clinical guidelines and follow up care plans.
Impact: a pharmacist who prescribes under this section must communicate to the provider of record or primary care provider the results of any test and the prescription administered within 3 days. The pharmacist must maintain documentation to justify the care provided including information collected as part of the patient assessment and follow up care plan. If you want this additional information, you will need to ask the pharmacist directly for it.
The second part of the bill starts on page 12 – Therapeutic Substitutions.
New Law: The law allows pharmacists in North Dakota to independently substitute a drug for a “therapeutically equivalent” drug, without prior authorization or communication with the prescriber, EXCEPT for
- Antidepressants,
- Antipsychotics,
- Chemotherapy agents
- Scheduled II Controlled Substances
- Biological Products
- Narrow Therapeutic Index Drugs.
The pharmacist must discuss the substitution with the patient and inform the patient of their right to refuse. The pharmacist must also determine whether the substitution would provide a cost benefit to the patient or provide access if the prescribed drug is not available. The pharmacist cannot substitute if the provider/prescriber has indicated no substitutions should be made. The pharmacist must notify the prescriber by electronic communication within 24 hours of dispensing the drug to the patient. The prescribing provider is not liable for a substitution made by the pharmacist.
Impact: Prescribers retain the ability to indicate that no substitution can be made by the pharmacist. Prescribers will need to determine whether to write their prescriptions with this caveat.
HB 1623 – Appropriation to DHHS for Federal Rural Health Transformation Program Grants
DHHS has a website devoted to information on grant opportunities and how to apply for a Rural Health Transformation Grant. Grants are designed to support practical, locally driven solutions that help rural and tribal communities. If you are interested in applying, please visit DHHS’ website.
Beware of Scams
The North Dakota Board of Medicine has received information on a new scam targeting physicians in North Dakota. Physicians are being called on their cell phones from individuals claiming to be investigators with the Board of Medicine - and the phone number that pops up on the caller ID is the same number as the Board (450-4060). The scammers have also been sending letters allegedly from the Board - some even appearing to be on Board letterhead - claiming that licenses have been immediately suspended. Sample of scam letters can be found by accessing the following: scam letter 1 and scam letter 2. If you receive these calls or letters - hang up and dial the Board's line directly. Please also report this to your local law enforcement.
NDBOM News Blasts
North Dakota Board of Medicine Recognized as 2025 WellBeing First Champion
The Board is pleased to announce, that for the third year in a row, it has again been recognized as a WellBeing First Champion for 2025 by ALL IN: WellBeing First for Helathcare. As a WellBeing First Champion, the Board has verified that our licensing and renewal applications are free from intrusive and stigmatizing language around mental health care and treatment. This means that health workers in North Dakota can seek the needed care without fear of losing their license.
The Board recognizing that supporting and protecting the mental health of our workers is paramount to their well-being and to the well-being of our entire state. The Board supports the work being done by the North Dakota Professional Health Program and encourage our licensees to reach out to them for help. For more information, please visit their website.
