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Pharmacist prescriptive authority debate paused; committee defers amendment until special session

Rural Health Transformation Committee (division) — 2026 Legislature ND · January 13, 2026
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Summary

The division reviewed LC 25.1386, which would grant limited prescriptive authority to pharmacists and allow therapeutic substitution with safeguards; Representative Rohrs proposed substantive amendments that members agreed would be better resolved with stakeholder input at the special-session public hearing, so the division deferred final action.

Legislative counsel introduced LC 25.1386 (25.1386 10.00), describing two new sections that give limited prescriptive authority to pharmacists and add a therapeutic substitution provision. Dittis said the draft draws on examples from other states and includes safeguards such as patient notice and a 24-hour notification to the provider when a substitution occurs.

Representative Rohrs presented a detailed amendment (her changes beginning on page 10 of the distributed markup). Her amendment sought to narrow prescriptive authority (for example, to preventive motion-sickness medication), limit dispensing of continuous glucose-monitoring supplies to disposable glucose-testing supplies (excluding CGMs), and add auto-injectors for patients with documented anaphylaxis; she also proposed moving some items under CLIA-waived testing and limiting therapeutic substitution to avoid substitutions in sensitive areas such as juvenile psychiatric medications.

Members discussed procedure and stakeholder outreach. Several legislators said amendments that materially change scope should be considered at the special session where public testimony will be available; others urged pre-session stakeholder meetings to seek compromise. Representative Rohrs withdrew her motion to adopt the amendment after the group signaled a preference to defer contested changes until the special session public hearing. The division recessed to reconvene the following day.