34-12B-1      Right to choose pharmacy for filling prescriptions.
34-12B-2      Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.
34-12B-3      Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor.
34-12B-4      Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor.
34-12B-5      Nursing facility prohibited from providing exclusive services to pharmacy.
34-12B-6      Violation as ground for suspension or revocation of license.
34-12B-7      Investigation of complaints.

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.

Source: SL 1975, ch 225, § 1.

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 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 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.

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.

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.

The Department of Health shall have the responsibility to investigate any complaints or alleged violations of this chapter.

Source: SL 1975, ch 225, § 5.