reglab/housing_qa huggingface dataset:
SD Codified L § 36-11A-1.4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-1.4 - Transaction statement defined.

36-11A-1.4. Transaction statement defined.As used in this chapter, the term, transaction statement, means a statement, in paper or electronic form, that the entity transferring ownership in a transaction:(1)Is authorized under federal law;(2)Received the product from a person who is authorized as required under federal law;(3)Received the transaction information and transaction statement from the prior owner of the product, as required by federal law;(4)Did not knowingly ship a suspect or illegitimate product;(5)Had systems and processes in place to comply with verification requirements outlined in federal law;(6)Did not knowingly provide false transaction information; and(7)Did not knowingly alter the transaction history. Source: SL 2017, ch 174, §5.
SD Codified L § 36-11A-2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-2 - Distribution defined.

36-11A-2. Distribution defined.As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product. The term does not include:(1)Intracompany sales between any division, subsidiary, parent or otherwise affiliated or related company under the common ownership and control of a corporate entity;(2)The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;(3)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in §501(c)(3) of the Internal Revenue Code of 1954, as amended through December 18, 2015, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;(4)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control;(5)The sale, purchase or trade of a drug, or an offer to sell, purchase or trade a drug, for emergency medical reasons;(6)The sale, purchase or trade of a drug, an offer to sell, purchase or trade a drug, or the dispensing of a drug pursuant to a prescription;(7)The transfer of drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;(8)The distribution of drug samples by manufacturers' representatives or distributors' representatives;(9)The sale, purchase, or trade of blood and blood components intended for transfusion; (10)The sale, purchase, or trade of a drug to an individual under any form of insurance or an employee medical benefit program pursuant to a prescription; or(11)The logistics and warehouse services provided by a third-party logistics provider. Source: SL 1991, ch 307, §2; SL 2017, ch 174, §7.
SD Codified L § 36-11A-4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-4 - Pharmacy distributor defined.

36-11A-4. Pharmacy distributor defined. A pharmacy distributor is any pharmacy or hospital pharmacy that is engaged in the delivery or distribution of prescription drugs either to another pharmacy or to another person or entity, including to a wholesale drug distributor that is engaged in the delivery or distribution of prescription drugs and that is involved in the actual, constructive, or attempted transfer of a drug in this state to other than the ultimate consumer, if the financial value of the drugs so delivered or distributed is equivalent to at least five percent of the total gross sales of the pharmacy. Source: SL 1991, ch 307, §4; SL 2021, ch 175, § 5.
SD Codified L § 36-11A-4.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-4.1 - License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.

36-11A-4.1. License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.Each wholesale distributor and outsourcing facility located within or outside of the state that provides services to outlets within the state, shall be licensed annually by the board. Each third-party logistics provider located in this state shall be licensed by the board. Source: SL 2017, ch 174, §6.
SD Codified L § 36-11A-4.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-4.2 - Prior registration and inspection by FDA required for certain outsourcing facilities.

36-11A-4.2. Prior registration and inspection by FDA required for certain outsourcing facilities.No outsourcing facility engaged in compounding of nonpatient specific sterile and nonsterile drugs may become licensed by the board without first obtaining a registration and inspection by the United States Food and Drug Administration, and paying the license fee set by the board in rules promulgated pursuant to chapter 1-26. The fee may not exceed two hundred dollars. Source: SL 2017, ch 174, §8.
SD Codified L § 36-11A-5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-5 - Purchase of drug from other source restricted--Penalty.

36-11A-5. Purchase of drug from other source restricted--Penalty.No person, other than a consumer or patient, may knowingly purchase or receive a prescription drug from any source other than a drug distributor or pharmacy licensed by the board under this chapter or chapter 36-11, as applicable.Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction. Source: SL 1991, ch 307, §§5, 20; SL 2017, ch 174, §9.
SD Codified L § 36-11A-6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-6 - Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.

36-11A-6. Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.No person may sell, purchase, or trade a prescription drug sample or offer to sell, purchase, or trade a drug sample or a drug coupon. No person may counterfeit such a coupon. No person may distribute drug samples except as provided in §503(d) of the Federal Food, Drug and Cosmetic Act, as amended through January 1, 1991.Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction. Source: SL 1991, ch 307, §§6, 20.
SD Codified L § 36-11A-7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-7 - Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.

36-11A-7. Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.No person or distribution outlet may engage in the wholesale distribution of prescription drugs in this state unless that person or outlet is licensed by the board as a drug distributor in accordance with the minimum standards, conditions and terms set forth in this chapter and in rules adopted pursuant to chapter 1-26.An agent or employee of a licensed drug distributor need not seek licensure under this chapter and may lawfully possess prescription drugs when the agent or employee is acting in the usual course of business or employment.Any person who violates this section is guilty of a Class 6 felony. Source: SL 1991, ch 307, §§7, 20; SL 2017, ch 174, §10.
SD Codified L § 36-11A-8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-8 - Application for license.

36-11A-8. Application for license.An applicant for licensure as a wholesale distributor shall apply annually to the board on a form provided by the board. The application shall be accompanied by a license fee set by the board. The fee may not exceed two hundred fifty dollars. All financial statements or related information submitted by applicants shall be treated as confidential materials. Source: SL 1991, ch 307, §8.
SD Codified L § 36-11A-9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-9 - Separate license required for each facility owned or operated by same business entity.

36-11A-9. Separate license required for each facility owned or operated by same business entity.The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state or for a parent entity with divisions, subsidiaries, or affiliate companies within this state if operations are conducted at more than one location and joint ownership and control exists among all the entities. Source: SL 1991, ch 307, §9.
SD Codified L § 36-11A-10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-10 - Temporary licenses.

36-11A-10. Temporary licenses.The board may grant temporary licensure when a wholesale drug distributor first applies for a license to operate within this state. Temporary licenses remain valid until the board approves or denies the license or for ninety days, whichever occurs first. Source: SL 1991, ch 307, §10.
SD Codified L § 36-11A-11 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-11 - Out-of-state distributor--License--Application--Violation as felony.

36-11A-11. Out-of-state distributor--License--Application--Violation as felony.No out-of-state wholesale drug distributor may conduct business in this state without first obtaining a license from the board and paying the license fee set by the board. Application for an out-of-state wholesale drug distributor license under this section shall be made on a form provided by the board. Each person acting as a principal or agent for an out-of-state wholesale drug distributor to sell or distribute drugs in this state shall obtain a license unless the distributor has obtained a license pursuant to this chapter. Out-of-state wholesale drug distributors may obtain the license required by this chapter on the basis of reciprocity if the out-of-state wholesale drug distributor possesses a valid license granted by another state pursuant to standards comparable to those in this state and the other state extends reciprocal treatment under its laws to wholesale drug distributors of this state.Any person who violates this section is guilty of a Class 6 felony. Source: SL 1991, ch 307, §§11, 20.
SD Codified L § 36-11A-12 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-12 - Approval or denial of application or renewal--Appeal.

36-11A-12. Approval or denial of application or renewal--Appeal.The board may approve, approve with conditions, or deny the application for licensure or renewal of licensure as a wholesale distributor based on information concerning the qualifications of the applicant provided in the application. No license to engage in wholesale drug distribution may be issued or renewed unless the applicant agrees to operate and satisfies the board that it operates in a manner prescribed by federal law, this chapter and the rules adopted by the board.An applicant may appeal the decision of the board regarding licensure or renewal of licensure pursuant to contested case procedures in chapter 1-26. Source: SL 1991, ch 307, §12.
SD Codified L § 36-11A-13 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-13 - Expiration and renewal of license.

36-11A-13. Expiration and renewal of license.Each wholesale drug distributor license expires on December thirty-first following the date of issue. The board shall provide an application for license renewal to each licensee before December first of each year. If application for renewal of the license accompanied by the annual license fee is not made before the expiration date, the existing license lapses on the date of expiration. Source: SL 1991, ch 307, §13; SL 2017, ch 174, §11.
SD Codified L § 36-11A-14 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-14 - Promulgation of rules.

36-11A-14. Promulgation of rules.The board shall promulgate rules, pursuant to chapter 1-26, pertaining to:(1)Application procedures and information required for initial application and for renewal of license;(2)Treatment of confidential materials;(3)Qualification of applicants;(4)Temporary licensure;(5)Licensure by reciprocity;(6)Annual license fee;(7)Requirements for storing and handling prescription drugs;(8)Record keeping;(9)Liability insurance;(10)Security systems and procedures;(11)Personnel;(12)Policies and procedures;(13)Inspection of incoming and outgoing product shipments by licensees;(14)Conduct of inspections by the board; and(15)Due process. Source: SL 1991, ch 307, §14; SL 2017, ch 174, §12.
SD Codified L § 36-11A-16 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-16 - Inspection--Exemption--Penalty.

36-11A-16. Inspection--Exemption--Penalty.For the purpose of conducting an inspection, persons authorized by the board and showing identification may enter during normal business hours all premises in this state purporting or appearing to be used by a drug distributor. No person may deny the right of entry as provided in this section to an authorized person. Any licensee who provides documentation of the most recent satisfactory inspection that is less than two years old by either the United States Food and Drug Administration or a state agency, if it is determined to be comparable by the board, is exempt from further inspection for a period of time to be determined by the board. This exemption does not bar the board from initiating an investigation pursuant to a public or governmental complaint received by the board regarding a wholesale drug distributor.Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction. Source: SL 1991, ch 307, §§16, 20; SL 2017, ch 174, §14.
SD Codified L § 36-11A-17 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-17 - Records--Availability.

36-11A-17. Records--Availability.A licensee may keep records at a central location apart from the principal office of the wholesale drug distributor or the location at which the drugs were stored and from which the drugs were shipped if the records are made available for inspection within two working days after a request by the board. Records may be kept in any form permissible under rules adopted by the board pursuant to chapter 1-26. Records shall be kept at least six years. Source: SL 1991, ch 307, §17; SL 2017, ch 174, §15.
SD Codified L § 36-11A-18 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-18 - Limitations on state board of pharmacy.

36-11A-18. Limitations on state board of pharmacy.The board may not require the employment of licensed pharmacists by wholesale distributor licensees unless otherwise required by law, nor may the board regulate prices or the terms and conditions of sale of prescription drugs unless otherwise specified in this chapter. Source: SL 1991, ch 307, §18.
SD Codified L § 36-11A-19 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-19 - Complaints--Procedure.

36-11A-19. Complaints--Procedure.Complaints arising from any provision of this chapter shall be handled in compliance with contested case procedure in chapter 1-26, and the board may suspend, revoke, or condition the license of the licensee if the facts warrant. Source: SL 1991, ch 307, §19.
SD Codified L § 36-11A-20 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-20 - Authorized distributor of record defined.

36-11A-20. Authorized distributor of record defined.For the purposes of this chapter, an authorized distributor of record is a wholesale distributor with whom a manufacturer has established an ongoing relationship to distribute the manufacturer's prescription drug. An ongoing relationship is deemed to exist between such wholesale distributor and a manufacturer when the wholesale distributor, including any affiliated group of the wholesale distributor, as defined in Section 1504 of the Internal Revenue Code, complies with both of the following:(1)The wholesale distributor has a written agreement currently in effect with the manufacturer evidencing such ongoing relationship; and(2)The wholesale distributor is listed on the manufacturer's current list of authorized distributors of record, which is updated by the manufacturer on no less than a monthly basis. Source: SL 2007, ch 215, §2.
SD Codified L § 36-11A-21 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-21 - Drop shipment defined.

36-11A-21. Drop shipment defined.For the purposes of §§36-11A-20 to 36-11A-46, inclusive, drop shipment is the sale of a prescription drug to a wholesale distributor by the manufacturer of the prescription drug, or that manufacturer's co-licensed product partner, that manufacturer's third party logistics provider, or that manufacturer's exclusive distributor, whereby the wholesale distributor or chain pharmacy warehouse takes title but not physical possession of such prescription drug and the wholesale distributor invoices the pharmacy or chain pharmacy warehouse, or other person authorized by law to dispense or administer such drug to a patient, and the pharmacy or chain pharmacy warehouse or other authorized person receives delivery of the prescription drug directly from the manufacturer, or that manufacturer's third party logistics provider, or that manufacturer's exclusive distributor. Source: SL 2007, ch 215, §3.
SD Codified L § 36-11A-22 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-22 - Manufacturer's exclusive distributor defined.

36-11A-22. Manufacturer's exclusive distributor defined.For the purposes of §§36-11A-20 to 36-11A-46, inclusive, a manufacturer's exclusive distributor is any person who contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer and who takes title to that manufacturer's prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturer's prescription drug. Such manufacturer's exclusive distributor must be licensed as a wholesale distributor under §§36-11A-20 to 36-11A-46, inclusive, and to be considered part of the normal distribution channel must also be an authorized distributor of record. Source: SL 2007, ch 215, §4.
SD Codified L § 36-11A-23 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-23 - Normal distribution channel defined.

36-11A-23. Normal distribution channel defined. For the purposes of §§36-11A-20 to 36-11A-46, inclusive, a normal distribution channel is a chain of custody for a prescription drug that goes from a manufacturer of the prescription drug, or from that manufacturer to that manufacturer's co-licensed partner, or from that manufacturer to that manufacturer's third-party logistics provider, or from that manufacturer to that manufacturer's exclusive distributor, directly or by drop shipment, to:(1)A pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient;(2)A wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient;(3)A wholesale distributor to a chain pharmacy warehouse to that chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient; or(4)A chain pharmacy warehouse to the chain pharmacy warehouse's intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such drug to a patient. Source: SL 2007, ch 215, §5; SL 2021, ch 175, § 6.
SD Codified L § 36-11A-24 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-24 - Third party logistics provider defined.

36-11A-24. Third party logistics provider defined.For the purposes of §§36-11A-20 to 36-11A-46, inclusive, a third party logistics provider is any person who contracts with a prescription drug manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug or have general responsibility to direct the prescription drug's sale or disposition. Any third party logistics provider shall be licensed under §§36-11A-20 to 36-11A-46, inclusive. Source: SL 2007, ch 215, §6; SL 2017, ch 174, §16.
SD Codified L § 36-11A-25 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-25 - Wholesale distributor defined.

36-11A-25. Wholesale distributor defined.For the purposes of §§36-11A-20 to 36-11A-46, inclusive, a wholesale distributor is any person other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider or repackager, engaged in wholesale distribution. Source: SL 2007, ch 215, §7; SL 2017, ch 174, §17.
SD Codified L § 36-11A-27 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-27 - Wholesale distributor license required--Exemptions.

36-11A-27. Wholesale distributor license required--Exemptions.Any wholesale distributor who engages in the wholesale distribution of prescription drugs in this state must be licensed by the board, in accordance with §§36-11A-20 to 36-11A-46, inclusive, before engaging in wholesale distributions of wholesale prescription drugs. The board shall exempt manufacturers distributing their own FDA-approved drugs and devices from any qualifications required for licensing, to the extent not required by federal law or regulation, including the requirements in subdivisions 36-11A-28(7) and (8), and §§36-11A-29 to 36-11A-31, inclusive. Source: SL 2007, ch 215, §9.