Laws and Rules Related to the Practice of Pharmacy in South Dakota
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Laws and Rules Related to the Practice of Pharmacy in South Dakota October 12, 2020 South Dakota Board of Pharmacy 4001 W. Valhalla Blvd, Ste 106 Sioux Falls, SD 57106 P – 605.362.2737 F – 605.362.2738 W – pharmacy.sd.gov E - [email protected] This page intentionally left blank Contents SDCL Chapter 36-11 Pharmacies and Pharmacists ARSD 20:51 Pharmacists SDCL Chapter 36-11A Wholesale & Other Drug Distributors ARSD 20:67 Wholesale & Other Drug Distributors SDCL Chapter 34-20B Drugs and Substances Control SDCL Chapter 34-20D Products Containing Pseudoephedrine, Ephedrine, or Phenylpropanolamine SDCL Chapter 34-20E Prescription Drug Monitoring Program ARSD 44:58 Drug Control SDCL Chapter 34-12B Nursing Facility Pharmacies ARSD 44:73:08 Medication Control Nursing Facilities ARSD 44:75:08 Medication Control Hospital ARSD 44:75:14:11 Pharmacy or Drug Room SDCL Chapter 36-2A Health Professionals Assistance Program SDCL Chapter 34-20A Treatment and Prevention of Alcohol and Drug Abuse Disclaimer for use with authorization to reprint the code. Current statement. COPYRIGHT © 1967-2015 BY THE STATE OF SOUTH DAKOTA, REPRINTED BY PERMISSION The laws contained in this pamphlet are reprinted with the permission of the Code Commission. You are advised that the legislature amends these laws from time to time and that the laws contained here may be superseded by acts of the legislature. The current session laws and the codified laws of the State supersede any law that is in conflict with a law published in this pamphlet. This page intentionally left blank CHAPTER 36-11 PHARMACIES AND PHARMACISTS 36-11-1 Public interest in regulation of practice. 36-11-2 Definition of terms. 36-11-2.1 Drugs defined. 36-11-2.2 Practice of pharmacy defined. 36-11-3 South Dakota Pharmacists Association--Purpose--Annual meeting. 36-11-4 Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member. 36-11-4.1 Lay member of board--Appointment and term of office. 36-11-5 Meetings of board--Quorum. 36-11-5.1 Board continued within Department of Health--Records and reports. 36-11-6 Use of funds by Pharmacists Association--Approval of expenditures--Filing statement. 36-11-7 Salary and expenses of secretary. 36-11-8 Compensation of personnel from fees received. 36-11-9 Annual report to Governor--Contents. 36-11-10 Residual and implied powers of board. 36-11-11 Promulgation of rules . 36-11-12 36-11-12. Repealed by SL 1986, ch 302, § 112. 36-11-13 Unregistered practice of pharmacy as misdemeanor. 36-11-14 Physicians and veterinarians unaffected by chapter. 36-11-15 Unregistered dispensing of drugs or operation of pharmacy as misdemeanor. 36-11-16 Requirements for registration as pharmacist. 36-11-16.1 Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees. 36-11-17 Registration fee. 36-11-18 Examination of applicants for registration--Grant of certificates to qualified persons. 36-11-19 Registration of applicants registered in other states--Fee. 36-11-19.1 Authority of registered pharmacists. 36-11-19.2 Nonresident pharmacy defined. 36-11-19.3 Requirements for licensure of nonresident pharmacy. 36-11-19.4 Denial of nonresident pharmacy's application--Appeal. 36-11-19.5 Expiration and renewal of nonresident pharmacy license. 36-11-19.6 Conduct causing denial, revocation, or suspension of nonresident pharmacy license-- Contested case. 36-11-19.7 Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product. 36-11-19.8 Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions. 36-11-19.9 Designation of resident agent for nonresident pharmacy. 36-11-20 Suspension, revocation, or refusal of license--Grounds--Fraudulent registration void. 36-11-20.1 36-11-20.1, 36-11-20.2. Repealed by SL 1996, ch 227, § 17. 36-11-20.3 36-11-20.3 to 36-11-20.10. Repealed by SL 1996, ch 227, §§ 18 to 25. 36-11-21 Continuing validity of prior certificates. 36-11-22 Registration record maintained by board--Contents. 36-11-23 Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension. 36-11-23.1 Continuing education program established. 36-11-23.2 Rules relating to continuing education--Maximum annual requirement. 36-11-23.3 Continuing education required for relicensure. 36-11-23.4 Advisory council on continuing education. 36-11-24 36-11-24. Repealed by SL 1970, ch 212, § 1. 36-11-25 Pharmacy intern certificates--Restrictions on practice. 36-11-26 Board power to discipline registrant. 36-11-27 36-11-27. Repealed by SL 1982, ch 275, § 3. 36-11-28 Procedure for revocation or suspension of certificate. 36-11-29 Appeal from revocation or suspension of certificate. 36-11-30 Registration and permit required for operation of pharmacy--Violation as misdemeanor. 36-11-31 Business name or advertising implying pharmacy prohibited unless registered--Violation as misdemeanor. 36-11-32 Pharmacy permit issued by board--Fee. 36-11-33 Institutional pharmacy permits--Scope of services provided--Minimum standards. 36-11-34 Ownership or control by pharmacist required for pharmacy permit. 36-11-35 Pharmacy permit as legal registration--Expiration date. 36-11-36 Permit and certificate displayed in pharmacy. 36-11-37 Transfer of pharmacy permit to another pharmacist. 36-11-38 Permit void after death of pharmacist--Time allowed for transfer. 36-11-39 Report to board of changes in location or ownership of pharmacy. 36-11-40 Permit void on unreported transfer, change of location or change in management. 36-11-41 Equipment, supplies and publications required for pharmacy permit. 36-11-42 Sanitary conditions required in pharmacy. 36-11-43 Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution. 36-11-44 Permitting unauthorized practice or false representation to secure registration as misdemeanor. 36-11-45 36-11-45. Repealed by SL 1985, ch 300. 36-11-46 Dispensing of substandard drugs prohibited--Violation as misdemeanor. 36-11-46.1 Dispensing equivalent drug products. 36-11-46.2 Prescription prohibiting substitution--Requirements. 36-11-46.3 Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal. 36-11-46.4 Standards for selecting prescription drug. 36-11-46.5 Liability for dispensing equivalent drug product or interchangeable biological product. 36-11-46.6 Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information. 36-11-46.7 Equivalent drug and biological product requirements not applicable to hospital patients. 36-11-46.8 Cause of action for selection of equivalent drug product or interchangeable biological product. 36-11-46.9 Dispensing interchangeable biological products. 36-11-46.10 Notice to practitioner of biological product dispensed. 36-11-46.11 Labeling of prescription container for biological product. 36-11-47 36-11-47. Repealed by SL 1977, ch 190, § 170. 36-11-47.1 Posting of prescription drug prices authorized--Rules and regulations. 36-11-47.2 Refusal to quote prescription price as misdemeanor. 36-11-48 Grounds for suspension or revocation of pharmacy permit. 36-11-49 Procedure for revocation of pharmacy permit. 36-11-50 Appeal from cancellation of pharmacy permit. 36-11-51 Repealed by SL 2012, ch 194, §§ 11, 12. 36-11-53 36-11-53 to 36-11-59. Repealed by SL 1997, ch 216, §§ 5 to 11. 36-11-60 Repealed by SL 2012, ch 194, §§ 13, 14. 36-11-62 36-11-62. Repealed by SL 1992, ch 158, § 88. 36-11-63 Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected. 36-11-64 Employment of inspectors--Inspection of licensed establishments. 36-11-65 Injunction proceedings to prevent violations of chapter--Election of remedies. 36-11-66 Severability of provisions. 36-11-67 Participants in drug utilization review program immune from liability. 36-11-68 Counseling patients and caregivers--Maintenance of patient records. 36-11-69 Release of patient information--Good faith required. 36-11-70 Refusal to dispense medication. 36-11-71 Central pharmacy, remote pharmacy, and telepharmacy practice defined. 36-11-72 Telepharmacy--Promulgation of rules. 36-11-1. Public interest in regulation of practice. The practice of pharmacy in South Dakota is hereby declared to be a professional practice affecting the public health, safety, and welfare and is subject to regulation in the public interest. Source: SL 1967, ch 102, § 1. 36-11-2. Definition of terms. Terms used in this chapter mean: (1) "Association," the South Dakota Pharmacists Association; (2) "Biological product," as defined in 42 U.S.C. 262(i), as of January 1, 2018; (3) "Board" or "board of pharmacy," the State Board of Pharmacy in South Dakota; (4) "Brand name," the proprietary or registered trademark name given to a drug product by its manufacturer, labeler or distributor and placed on the drug or on its container, label or wrapping at the time of packaging; (5) "Chemicals," the chemical materials or medicine; (6) "Compounding," the preparation, mixing, assembling, packaging or labeling of a drug or drug device as the result of a practitioner's prescription drug order or an initiative based on the pharmacist/patient/practitioner relationship in the course of professional practice or for the purpose of or as an incident to research, teaching or chemical analysis and not for sale or dispensing. The term also includes the preparation of drug or drug devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns; (7) "Delivery," the actual, constructive or attempted transfer of a drug or drug device from one person to another, whether or not for a consideration; (8) "Dispense" or "Dispensing," the preparation and delivery of a drug to a patient or a patient's agent pursuant to a prescription drug order in a suitable container with appropriate labeling for subsequent administration to or use by a patient.