reglab/housing_qa huggingface dataset:
SD Codified L § 36-11-46.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.1 - Dispensing equivalent drug products.

36-11-46.1. Dispensing equivalent drug products.A pharmacist dispensing a prescription drug order for a drug product prescribed by its brand name may select any equivalent drug product, if the manufacturer or distributor of the equivalent drug product holds, if applicable, either an approved new drug application or an approved abbreviated new drug application, unless other approval by law or from the Federal Food and Drug Administration is required. Source: SL 1978, ch 271, §3; SL 1993, ch 277, §2.
SD Codified L § 36-11-46.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.2 - Prescription prohibiting substitution--Requirements.

36-11-46.2. Prescription prohibiting substitution--Requirements.A practitioner may prohibit a pharmacist from selecting an equivalent drug product or interchangeable biological product by handwriting on the prescription drug order the words, brand necessary, or words of similar meaning. The prohibition may not be preprinted or stamped on the prescription drug order. This selection does not preclude a reminder of the procedure required for the practitioner to prohibit selection by a pharmacist from being preprinted on the prescription drug order. If an oral prescription is given to a pharmacist, the practitioner or practitioner's authorized agent shall instruct the pharmacist if selection of an equivalent drug product or interchangeable biological product is prohibited. The pharmacist shall note the instructions on the file copy of the prescription drug order. Source: SL 1978, ch 271, §4; SL 1990, ch 306, §2; SL 1993, ch 277, §3; SL 2018, ch 231, §4.
SD Codified L § 36-11-46.3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.3 - Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.

36-11-46.3. Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.The pharmacist or the pharmacist's agent shall inform the person receiving the drug or biological product pursuant to the prescription drug order of the selection of an equivalent drug product or interchangeable biological product and of the person's right to refuse the product selected. A pharmacist shall, upon request of the prescribing practitioner, provide information regarding substitutions of equivalent drug products. Source: SL 1978, ch 271, §5; SL 1990, ch 306, §3; SL 1993, ch 277, §4; SL 2018, ch 231, §5.
SD Codified L § 36-11-46.4 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.4 - Standards for selecting prescription drug.

36-11-46.4. Standards for selecting prescription drug.A pharmacist may not select a product unless it has been manufactured, labeled, or distributed by a manufacturer, labeler, or distributor who:(1)Marks capsules and tablets with an identification code or monogram;(2)Labels products with their expiration date;(3)Provides reasonable services to accept return goods that have reached their expiration date;(4)Maintains reasonable resources for product information;(5)Maintains recall capabilities for unsafe or defective drugs; and(6)Makes available therapeutic equivalency ratings. Source: SL 1978, ch 271, §6; SL 1990, ch 306, §4; SL 1993, ch 277, §5.
SD Codified L § 36-11-46.5 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.5 - Liability for dispensing equivalent drug product or interchangeable biological product.

36-11-46.5. Liability for dispensing equivalent drug product or interchangeable biological product.A pharmacist who selects an equivalent drug product or interchangeable biological product pursuant to this chapter assumes no greater liability for selecting the dispensed drug or biological product than would be incurred in filling a prescription for a drug or biological product prescribed by its established, generic, or proper name. Source: SL 1986, ch 309; SL 2018, ch 231, §6.
SD Codified L § 36-11-46.6 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.6 - Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.

36-11-46.6. Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name or the United States Pharmacopoeia pharmacy equivalent name of the drug dispensed. If a pharmacist selects a generically equivalent drug product for the brand name drug product prescribed, the prescription container label shall identify the generic name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: "(generic name) Generic for (brand name)". The pharmacy file copy of each prescription shall include the brand name, if any, or the name of the manufacturer, labeler, or distributor of the drug product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26. Source: SL 1990, ch 306, §5; SL 1993, ch 278, §6; SL 2001, ch 201, §1.
SD Codified L § 36-11-46.7 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.7 - Equivalent drug and biological product requirements not applicable to hospital patients.

36-11-46.7. Equivalent drug and biological product requirements not applicable to hospital patients.The requirements of §§36-11-46.1 to 36-11-46.3, inclusive, 36-11-46.6, and 36-11-46.9 to 36-11-46.11, inclusive, do not apply to an order to dispense a drug or biological product to a hospital patient. Source: SL 1990, ch 306, §6; SL 1993, ch 277, §6; SL 2018, ch 231, §7.
SD Codified L § 36-11-46.8 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.8 - Cause of action for selection of equivalent drug product or interchangeable biological product.

36-11-46.8. Cause of action for selection of equivalent drug product or interchangeable biological product.The selection of an equivalent drug product or interchangeable biological product does not, in itself, in the absence of willful misconduct or negligence, constitute a cause of action against the practitioner. Source: SL 1993, ch 277, §7; SL 2018, ch 231, §8.
SD Codified L § 36-11-46.9 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.9 - Dispensing interchangeable biological products.

36-11-46.9. Dispensing interchangeable biological products.A pharmacist dispensing a prescription drug order for a biological product prescribed by its brand or proper name may select an interchangeable biological product of the prescribed product. Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the prescriber through:(1)An interoperable electronic medical records system;(2)An electronic prescribing technology;(3)A pharmacist benefit management system; or(4)A pharmacy record. Source: SL 2018, ch 231, §9.
SD Codified L § 36-11-46.10 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.10 - Notice to practitioner of biological product dispensed.

36-11-46.10. Notice to practitioner of biological product dispensed.Any entry into an electronic records system as described in §36-11-46.9 is presumed to provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological product dispensed to the practitioner using facsimile, telephone, electronic transmission, or other prevailing means, if communication is not required where:(1)There is no interchangeable biological product approved by the U.S. Food and Drug Administration for the product prescribed; or(2)A refill prescription is not changed from the product dispensed on the prior filling of the prescription. Source: SL 2018, ch 231, §10.
SD Codified L § 36-11-46.11 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-46.11 - Labeling of prescription container for biological product.

36-11-46.11. Labeling of prescription container for biological product.The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed biological product. If the dispensed biological product does not have a brand name, the prescription label shall indicate the proper name of the biological product dispensed. If a pharmacist selects an interchangeable biological product for the brand name biological product prescribed, the prescription container label shall identify the proper name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: (proper name) interchangeable with (brand name). The pharmacy file copy of each prescription shall include the brand name, if any, or the proper name, and the name of the manufacturer of the biological product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26. Source: SL 2018, ch 231, §11.
SD Codified L § 36-11-47.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-47.1 - Posting of prescription drug prices authorized--Rules and regulations.

36-11-47.1. Posting of prescription drug prices authorized--Rules and regulations.The posting of prescription drug prices upon the premises of a duly licensed pharmacy department is hereby specifically authorized and shall not constitute "advertising of prescription prices" within the meaning of this chapter when performed in accordance with such rules and regulations as may be adopted by the State Board of Pharmacy to provide consumers with comparative pricing information. Source: SL 1973, ch 244, §5.
SD Codified L § 36-11-47.2 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-47.2 - Refusal to quote prescription price as misdemeanor.

36-11-47.2. Refusal to quote prescription price as misdemeanor.It is a Class 2 misdemeanor for any pharmacist to refuse to quote the price of any prescription legend drug when said quote is requested by a person. Source: SL 1975, ch 235; SL 1977, ch 190, §171.
SD Codified L § 36-11-48 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-48 - Grounds for suspension or revocation of pharmacy permit.

36-11-48. Grounds for suspension or revocation of pharmacy permit.The State Board of Pharmacy may suspend or revoke any permit obtained by false representations made in the application therefor, or when the pharmacy for which the permit shall be issued is kept open for the transaction of business without a registered pharmacist in charge thereof, or upon conviction of a violation of any law of this state or of the United States pertaining to the drug business or for the aiding or abetting in the violation of any such law. Source: SDC 1939, §27.1016; SL 1967, ch 102, §16.
SD Codified L § 36-11-49 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-49 - Procedure for revocation of pharmacy permit.

36-11-49. Procedure for revocation of pharmacy permit.Before any permit for a pharmacy shall be revoked chapter 1-26 shall be complied with. Two members of the board shall constitute a quorum and no permit shall be revoked except by a vote of two or more members of the State Board of Pharmacy. Source: SDC 1939, §27.1016; SL 1967, ch 102, §16; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 36-11-50 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-50 - Appeal from cancellation of pharmacy permit.

36-11-50. Appeal from cancellation of pharmacy permit.An appeal from the decision of the Board of Pharmacy may be taken as provided by chapter 1-26. Source: SDC 1939, §27.1016; SL 1967, ch 102, §16; revised pursuant to SL 1972, ch 15, §4.
SD Codified L § 36-11-63 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-63 - Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.

36-11-63. Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.All fees shall be paid to the secretary of the State Board of Pharmacy. Out of the funds collected the board may, pursuant to chapter 3-6D, employ agents, inspectors, and clerical assistance and pay expenses as may be necessary for the enforcement of the provisions of this chapter. Source: SDC 1939, §27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15; SL 1973, ch 23; SL 2018, ch 12, §15.
SD Codified L § 36-11-64 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-64 - Employment of inspectors--Inspection of licensed establishments.

36-11-64. Employment of inspectors--Inspection of licensed establishments.The Board of Pharmacy may employ inspectors of pharmacy. The members of the board and inspectors of pharmacy may inspect during business hours, all establishments required to be licensed under the authority of the board. Source: SL 1967, ch 102, §8.
SD Codified L § 36-11-65 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-65 - Injunction proceedings to prevent violations of chapter--Election of remedies.

36-11-65. Injunction proceedings to prevent violations of chapter--Election of remedies.Whenever the Board of Pharmacy believes, from evidence satisfactory to it, that any person is violating or about to violate any provisions of this chapter or any order or requirement of the board issued or promulgated pursuant to authority expressly granted the board by law, the board may bring an action in the name of the State of South Dakota against such person to enjoin such violation or any act in furtherance thereof. Such action shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. In such action an order or judgment may be entered awarding such temporary or permanent injunction as is proper. Source: SL 1967, ch 102, §24; SL 1978, ch 155, §20.
SD Codified L § 36-11-66 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-66 - Severability of provisions.

36-11-66. Severability of provisions.If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and applicability thereof to other persons and circumstances shall not be affected thereby. Source: SL 1967, ch 102, §26.
SD Codified L § 36-11-67 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-67 - Participants in drug utilization review program immune from liability.

36-11-67. Participants in drug utilization review program immune from liability.Pharmacists licensed under this chapter or physicians licensed under chapter 36-4 who participate on a drug utilization review program as defined in §36-11-2 are individually or jointly not subject to and are immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice when acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the program conferred upon them under any provisions of law or rule, good faith being presumed until proven otherwise, with malice required to be shown by the complainant. Source: SL 1992, ch 270, §2.
SD Codified L § 36-11-68 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-68 - Counseling patients and caregivers--Maintenance of patient records.

36-11-68. Counseling patients and caregivers--Maintenance of patient records.After receipt of a prescription drug order, the pharmacist shall offer to counsel each patient or caregiver who receives a prescribed drug or device from him on matters which in the exercise of the pharmacist's professional judgment the pharmacist deems significant. To this purpose, the pharmacist shall make a reasonable effort to obtain, record, and maintain pertinent patient information. Before January 1, 1993, the board shall establish minimum standards by rules adopted pursuant to chapter 1-26 for counseling patients and caregivers and for maintenance of patient information.Nothing in this section shall be construed to require a pharmacist to provide patient counseling for prescribed drugs:(1)Administered to an inpatient or resident of a health care facility;(2)Administered by a certified or licensed health professional to registered outpatients of a hospital; or(3)Provided in less than a seventy-two-hour supply to inpatients or outpatients as a part of the discharge process. Source: SL 1992, ch 270, §3.
SD Codified L § 36-11-69 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-69 - Release of patient information--Good faith required.

36-11-69. Release of patient information--Good faith required.Patient information may be released only in the following circumstances:(1)If it is authorized by the patient;(2)If it is requested by the board as part of an inspection or investigation of a pharmacy or pharmacist;(3)If, in the pharmacist's professional judgment, release to practitioners and other pharmacists is necessary to protect the patient's health and well-being; and(4)If other persons are authorized or required by law to obtain access to patient information.A pharmacist or pharmacy is immune from civil liability for any action based on good faith release of patient information under this section. Source: SL 1992, ch 270, §4.
SD Codified L § 36-11-70 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-70 - Refusal to dispense medication.

36-11-70. Refusal to dispense medication.No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:(1)Cause an abortion; or(2)Destroy an unborn child as defined in subdivision 22-1-2(50A); or(3)Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist. Source: SL 1998, ch 226, §1.
SD Codified L § 36-11-71 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-71 - Central pharmacy, remote pharmacy, and telepharmacy practice defined.

36-11-71. Central pharmacy, remote pharmacy, and telepharmacy practice defined.Terms as used in this section and §36-11-72 mean:(1)"Central pharmacy," a pharmacy with one or more remote pharmacies in which all sites are connected via computer link, video link, and audio link. The central pharmacy may be retail or hospital-based;(2)"Remote pharmacy," a pharmacy staffed by a registered pharmacy technician with access to a central pharmacy with a registered pharmacist by computer link, video link, and audio link while open;(3)"Telepharmacy practice," the practice whereby a licensed pharmacist uses telecommunications technology to provide personalized, electronically documented, real-time pharmaceutical care to patients at a remote pharmacy, including prescription dispensing and counseling, and to oversee and supervise remote pharmacy operations. Source: SL 2007, ch 214, §1.
SD Codified L § 36-11-72 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11 - Pharmacies And Pharmacists|Section 36-11-72 - Telepharmacy--Promulgation of rules.

36-11-72. Telepharmacy--Promulgation of rules.The board shall promulgate rules pursuant to chapter 1-26 to provide for the regulation of telepharmacy in the state. The rules shall include:(1)License requirements, including establishment of an annual license fee not to exceed two hundred fifty dollars;(2)Minimum structural, security, and equipment requirements for the remote pharmacy;(3)Minimum staffing requirements for the central pharmacy and remote pharmacy;(4)Record keeping requirements for the central pharmacy and remote pharmacy;(5)Establishment of policies and procedures for the daily operation of the remote pharmacy; and(6)Use of automated dispensing machines. Source: SL 2007, ch 214, §2.
SD Codified L § 36-11A-1.1 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-1.1 - Trading partner defined.

36-11A-1.1. Trading partner defined.As used in this chapter, the term, trading partner, means:(1)A manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct ownership of a product; or(2)A third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct possession of a product. Source: SL 2017, ch 174, §2.
SD Codified L § 36-11A-1.3 (2021)
2021 South Dakota Codified Laws|Title 36 - Professions and Occupations|Chapter 11A - Wholesale Drug Distributors|Section 36-11A-1.3 - Transaction information defined.

36-11A-1.3. Transaction information defined.As used in this chapter, the term, transaction information, means the proprietary or established name or names of the product, the strength and dosage form of the product, the national drug code number of the product, the container size, the number of containers, the lot number of the product, the transaction date, the shipment date, if more than twenty-four hours after the transaction date, the business name and address of the transferring person, and the business name and address of the transferee person. Source: SL 2017, ch 174, §4.