Section 50-24.6-02 - Drug use review board1. The board is established within the department for the implementation of a drug use review program.2. The board consists of seventeen members. The pharmacy administrator of the department and the medical consultant to the department are ex officio nonvoting board members who shall provide administrative services to the board. A majority of the appointed members must be physicians and pharmacists participating in the medical assistance program. Four or more of the appointed members must have experience with a drug use review process or have participated in programs in which prior authorization is used. The appointed members of the board must be: a. Four physicians licensed in this state and actively engaged in the practice of medicine, one of whom is a psychiatrist, appointed by the North Dakota medical association;b. Two physicians licensed in this state and actively engaged in the practice of medicine, appointed by the commissioner of the department or commissioner's designee;c. Four pharmacists licensed in this state and actively engaged in the practice of pharmacy, appointed by the North Dakota pharmaceutical association;d. Two pharmacists licensed in this state and actively engaged in the practice of pharmacy, appointed by the commissioner of the department or commissioner's designee;e. One individual who represents consumer interests, appointed by the governor;f. One pharmacist or physician representing the brand pharmaceutical industry appointed by the pharmaceutical research and manufacturers of America; andg. One pharmacist or physician representing the generic pharmaceutical industry appointed by the association for accessible medicines.3. Appointed board members shall serve staggered three-year terms. An appointed member may be reappointed for a period not to exceed three 3-year terms. A vacancy on the board must be filled for the balance of the unexpired term from the appropriate board category as provided under subsection 2. The commissioner of the department or commissioner's designee may replace an appointed member of the board who fails to attend three consecutive meetings of the board without advance excuse or who fails to perform the duties expected of a board member. The pharmaceutical industry representatives are nonvoting board members.4. Voting board members shall select a presiding officer and a vice presiding officer on an annual basis from the board's voting membership. One-half or more of nonvacant voting board member positions constitutes a quorum.5. The board shall meet at least once every three months and may meet at other times at the discretion of the presiding officer. A board member is entitled to receive from the department or the department's vendor per diem compensation and reimbursement of expenses as determined by the department or the department's vendor, except that no compensation under this section may be paid to any board member who receives compensation or salary as a state employee or official.6. A board member appointed under subdivisions a through d of subsection 2 is not subject to t he bona fide resident of the state requirement under section 44-03-04 if the board member is providing services to residents of the state receiving medical assistance through telemedicine o r telepharmacy. The affected association shall continue to recruit in - state board members for that board member position and will replace the nonresident board member once the affected association has enough appointees for all of their board member positions.7. A board member appointed under subdivision f or subdivision g of subsection 2 is not subject t o the bona fide resident of the state requirement under section 44-03-04.Amended by S.L. 2023 , ch. 229( HB 1165 ), § 125, eff. 7/1/2023.Amended by S.L. 2023 , ch. 441( SB 2156 ), § 1, eff. 8/1/2023.