reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-3 - Duties of board.

36-10B-3. Duties of board.
The board may:
(1)Examine qualified applicants for a license to practice nutrition and dietetics, issue licenses to applicants who meet the requirements established by this chapter, and renew licenses as recommended by the committee; and
(2)Adopt rules pursuant to chapter 1-26, that set professional, practice, and ethical standards for licensed nutritionists.
Source:
SL 1996, ch 240, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-4 - Nutrition and dietetics advisory committee--Appointment--Terms--Duties.

36-10B-4. Nutrition and dietetics advisory committee--Appointment--Terms--Duties.
The board shall appoint a nutrition and dietetics advisory committee composed of five members. The members shall be registered dietitians or qualified nutritionists. Each committee member shall serve a term of three years. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term.
The committee may assist the board in evaluating the qualifications of applicants for licensure. The committee may make recommendations to the board regarding rules promulgated pursuant to this chapter. The committee shall meet the requirements of chapter 1-25 regarding open meetings.
Source:
SL 1996, ch 240, §4; SL 2005, ch 199, §30; SL 2020, ch 167, § 6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-5 - Nutrition or dietetics practice--Nutrition care services.

36-10B-5. Nutrition or dietetics practice--Nutrition care services.
A practice in nutrition or dietetics involves the integration and application of scientific principles of food, nutrition, biochemistry, physiology, management, and behavioral and social science to achieve and maintain the health of people. The primary function of a nutrition and dietetic practice is the provision of the following nutrition care services:
(1)Assessing the nutritional needs of individuals and groups;
(2)Establishing priorities, goals, and objectives that meet nutritional needs;
(3)Providing nutrition counseling in health and disease;
(4)Developing, implementing, and managing nutrition care systems; and
(5)Evaluating, making changes in, and maintaining appropriate standards of quality in nutrition care.
Source:
SL 1996, ch 240, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-6 - Qualifications for dietetics and nutrition licensure.

36-10B-6. Qualifications for dietetics and nutrition licensure.
The board shall recognize two educational tracks as equivalent qualifications required to obtain licensure.
(1)Dietetics. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides satisfactory evidence to the board that the applicant meets the following qualifications:
(a)Has a valid, current registration with the commission which gives the applicant the right to use the title registered dietitian or RD; or has received a baccalaureate or postgraduate degree from an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food service management;
(b)Has completed a documented, supervised pre-professional practice experience component in dietetic practice of not less than nine hundred hours under the supervision of a registered dietitian, nutrition or dietetic professional licensed by a state, or a person with a doctoral degree conferred by an accredited college or university with a major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management. Supervised practice experience must be completed in the United States or its territories. Supervisors who obtain their doctoral degree outside the United States and its territories must have their degrees approved by the board as equivalent to the doctoral degree conferred by an accredited college or university; and
(c)Has successfully completed the registration examination for dietitians administered by the commission;
(2)Nutrition. The board shall issue a license as a nutritionist to an applicant who files a completed application, pays all required fees, and provides evidence satisfactory to the board that the applicant meets the following qualifications:
(a)Has received a master's or doctoral degree from an accredited college or university with a major course of study in human nutrition, public health nutrition, clinical nutrition, nutrition education, community nutrition, or foods and nutrition; and
(b)Has successfully completed a comprehensive nutrition competence examination administered by the commission.
Source:
SL 1996, ch 240, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-7 - Application process--Fees.

36-10B-7. Application process--Fees.
Any person requesting a license under this chapter shall apply to the board through a written application process as promulgated by rules pursuant to chapter 1-26. The application shall be accompanied by an application fee in an amount determined by the board by rules promulgated pursuant to chapter 1-26.
Source:
SL 1996, ch 240, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-8 - Fee classifications.

36-10B-8. Fee classifications.
The board may promulgate fees for the following fee classifications:
(1)Initial license fee not to exceed seventy dollars;
(2)Renewal of license fee not to exceed thirty-five dollars;
(3)Late renewal fee not to exceed one hundred dollars; and
(4)Temporary permit fee not to exceed fifty dollars.
Source:
SL 1996, ch 240, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-9 - License renewal.

36-10B-9. License renewal.
A license may be renewed upon payment of the renewal fee, documentation and the successful completion of at least fifteen hours of continuing education annually or an accumulation of a total of seventy-five hours of continuing education during a five-year period. The board may set the requirements for the continuing education by rules promulgated pursuant to chapter 1-26. A late fee will be required for renewal applications received thirty days after the annual renewal date.
Source:
SL 1996, ch 240, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-10 - Issuance of temporary permit.

36-10B-10. Issuance of temporary permit.
The board may grant a temporary permit to any applicant who has completed the education and experience requirements of this chapter. The temporary permit confers all the privileges of a license to practice dietetics or nutrition. The temporary permit is nonrenewable and expires one year after the issuance date.
Source:
SL 1996, ch 240, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-11 - License by reciprocity--Qualifications.

36-10B-11. License by reciprocity--Qualifications.
The board may issue a license to an applicant who is licensed as a dietitian or nutritionist in another state or territory of the United States if, the standards for licensure in that state are not less stringent than the requirements set forth in this chapter.
Source:
SL 1996, ch 240, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-12 - Waiver of examination--Requirements of licensure.

36-10B-12. Waiver of examination--Requirements of licensure.
For one year beginning on July 1, 1996, the board shall waive the examination requirement and grant a nutritionist license to any person who meets the following requirements:
(1)Is a dietitian registered with the commission; or
(2)Meets the educational requirements specified in this chapter and has practiced nutrition or dietetics in good standing for the equivalent of one year during the last five years.
Source:
SL 1996, ch 240, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-13 - Restricting licensure.

36-10B-13. Restricting licensure.
The board may refuse to renew or grant a license or suspend, revoke, or restrict the license of a person, if under the procedures of chapter 1-26 the board determines the applicant:
(1)Is engaged in nutrition or dietetic practice in a manner harmful or dangerous to a client or to the public;
(2)Is guilty of fraud or misrepresentation in the procurement of any license under this chapter;
(3)Is convicted of a felony. The record of conviction or a certified copy of it shall be conclusive evidence of the conviction;
(4)Has failed to fulfill continuing education requirements;
(5)Has engaged in unethical or unprofessional conduct as defined in rules promulgated by the board;
(6)Has obtained a license by means of fraud, misrepresentation, or concealment of material facts.
Source:
SL 1996, ch 240, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-14 - Review of restriction on licensure.

36-10B-14. Review of restriction on licensure.
At the request of the applicant, the board shall review the suspension, revocation, or restriction of a license against whom the disciplinary action was taken. The board may grant a license previously refused, restore a license that has been revoked, or reduce a period of suspension or restriction of a license for reasons found sufficient.
Source:
SL 1996, ch 240, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 10B - Dietetics And Nutrition › Section 36-10B-15 - Related activities not requiring licensure as nutritionist or dietitian.

36-10B-15. Related activities not requiring licensure as nutritionist or dietitian.
This chapter does not prohibit:
(1)A dietetic student enrolled in an approved academic program in nutrition and dietetics from engaging in the practice of nutrition and dietetics under the supervision of a licensed nutritionist if the person clearly uses the appropriate student title;
(2)Any person in the process of fulfilling the professional experience requirements in nutrition or dietetics necessary for licensure from practicing under the supervision of a licensed nutritionist if the person clearly uses the appropriate trainee title;
(3)Any person, including a dietetic technician or other paraprofessional, from working in a program supervised by a licensed nutritionist, if the person's activities are within the scope of the person's designated education and training and if the person does not use the title nutritionist or dietitian unless licensed;
(4)A nutritionist or dietitian who is serving in the armed forces, public health services of the United States, or Veterans Administration from engaging in the practice of nutrition and dietetics if such practice is related to such service or employment;
(5)Any person who does not represent himself as a licensed dietitian or licensed nutritionist from furnishing information on food, food materials, or dietary supplements or from engaging in the explanation to customers about food, food materials, or dietary supplements in connection with the marketing and distribution of these products;
(6)Any person who provides weight control services from providing those services if the program has been reviewed by, consultation is available from, and no program change can be initiated without prior approval by a licensed nutritionist or a licensed nutritionist from another state that has licensure requirements at least as stringent as the requirements for licensure under this chapter, or from a dietitian registered by the commission;
(7)Any person licensed to practice medicine, nursing, pharmacy, dentistry, or chiropractic from advising patients on nutrition when nutrition practice is incidental to the practice of the person's profession and the person does not use the title nutritionist or dietitian unless so licensed;
(8)Any educator employed by a federal, state, county, or municipal agency, elementary or secondary school, accredited college or university, or nonprofit agency, from giving advice on nutrition if the person's activities are within the scope of the person's employment and the person does not use the title nutritionist or dietitian unless licensed.
Source:
SL 1996, ch 240, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-1 - Public interest in regulation of practice.

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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-2.1 - Drugs defined.

36-11-2.1. Drugs defined.
Drugs are defined as follows:
(1)Articles recognized in the official United States Pharmacopoeia or the official National Formulary, as adopted by the board of pharmacy pursuant to chapter 1-26, or recognized in the official Homeopathic Pharmacopoeia of the United States as in effect on January 1, 1993;
(2)Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;
(3)Articles (other than food) intended to affect the structure or any functions of the human body; and
(4)Articles intended for use as a component of any articles specified in this section.
The term "drugs" excludes medical devices.
Source:
SL 1993, ch 278, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-2.2 - Practice of pharmacy defined.

36-11-2.2. Practice of pharmacy defined.
The practice of pharmacy means:
(1)Interpretation and evaluation of prescription drug orders and dispensing in the patient's best interest;
(2)Provision of patient counseling and pharmaceutical care; and
(3)The responsibility for compounding, distributing, labeling, and storage of drugs and for maintaining proper records for them.
The practice of pharmacy does not authorize a pharmacist to prescribe drugs as a practitioner or to dispense drugs without a prescription drug order.
Nothing in this section may be construed to prevent or restrict the practices, services, or activities of a person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed if he is performing services within his authorized scope of practice.
Source:
SL 1993, ch 278, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-3 - South Dakota Pharmacists Association--Purpose--Annual meeting.

36-11-3. South Dakota Pharmacists Association--Purpose--Annual meeting.
Those registered pharmacists of this state electing to participate shall constitute an association under the name and title of the South Dakota Pharmacists Association. The purpose of the association is to serve as the state professional society of pharmacists which represents the profession of pharmacy, enhances the public's awareness of pharmacy, and serves the best interest of public health and pharmacy. The South Dakota Pharmacists Association shall be conducted as a nonprofit corporation pursuant to the terms of its articles of incorporation. The members of the association who have secured a current annual certificate of registration to practice pharmacy in this state and who have elected to participate in the association are entitled to all of the rights and privileges of the association and may vote, serve as an officer or director of the association, and participate in all of the meetings of the association. The association shall hold an annual meeting at such time and place as it determines.
Source:
SDC 1939, §27.1002; SL 1967, ch 102, §3; SL 1996, ch 230, §1; SL 2005, ch 199, §31.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-4 - Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member.

36-11-4. Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member.
The State Board of Pharmacy shall include four professional members who shall hold their offices for terms of three years or until their successors are appointed and qualified. No member may serve more than three consecutive full terms. The appointment of a person to an unexpired term is not considered a full term. The Governor may remove any member of the board for just cause.
Source:
SDC 1939, §27.1003; SL 1967, ch 102, §4; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §32; SL 2007, ch 213, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-4.1 - Lay member of board--Appointment and term of office.

36-11-4.1. Lay member of board--Appointment and term of office.
The membership of the Board of Pharmacy shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be liberally construed to implement the purpose of this section. The lay member shall be appointed by the Governor and shall have the same term of office as other members of the board.
Source:
SL 1973, ch 2, §58.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-5 - Meetings of board--Quorum.

36-11-5. Meetings of board--Quorum.
The Board of Pharmacy shall hold meetings for the examination of applicants for registration and the transaction of such other business as shall pertain to its duties. Special meetings of the board may be held whenever it shall be deemed necessary by a majority of the members thereof. Two members of such board shall constitute a quorum.
Source:
SL 1967, ch 102, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-5.1 - Board continued within Department of Health--Records and reports.

36-11-5.1. Board continued within Department of Health--Records and reports.
The Board of Pharmacy shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of health, except that the board shall report at least annually.
Source:
SL 1973, ch 2, §56 (n); SL 2003, ch 272, §42.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-6 - Use of funds by Pharmacists Association--Approval of expenditures--Filing statement.

36-11-6. Use of funds by Pharmacists Association--Approval of expenditures--Filing statement.
The board may, upon receipt, pay to the South Dakota Pharmacists Association eighty percent of all fees the board receives for renewals of certificates of registration as a pharmacist. The association shall use the funds for the following association activities to benefit the public and the profession: continuing education, matters related to registration standards for pharmacists, professional service standards, and general operating expenses related to the activities enumerated in this section. The association shall also use funds received to pay any legislated assessment to support a diversion program for chemically impaired pharmacists. Expenditures of funds shall be approved by the president and treasurer of the association. The association shall annually file in the office of the board an itemized statement of the receipts of the association and disbursements from the receipts.
Source:
SDC 1939, §27.1004; SL 1967, ch 102, §5; SL 1996, ch 230, §2; SL 2005, ch 199, §33.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-7 - Salary and expenses of secretary.

36-11-7. Salary and expenses of secretary.
The secretary of the Board of Pharmacy shall receive a salary which shall be fixed by the board. He shall also receive his traveling and other expenses incurred in the performance of his official duties pursuant to §3-9-2.
Source:
SDC 1939, §27.1005; SL 1967, ch 102, §6; SL 1986, ch 27, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-8 - Compensation of personnel from fees received.

36-11-8. Compensation of personnel from fees received.
Expenses and compensation for services of the board, its inspectors, employees, and legal counsel shall be paid from the fees received by the board from license, registration, and other fees, and no part thereof shall be paid out of the general fund.
Source:
SDC 1939, §27.1005; SL 1967, ch 102, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-9 - Annual report to Governor--Contents.

36-11-9. Annual report to Governor--Contents.
The Board of Pharmacy shall report annually to the Governor as provided by law for state officers and boards.
Source:
SL 1967, ch 102, §5; revised pursuant to SL 1971, ch 10; SL 2005, ch 199, §34.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-10 - Residual and implied powers of board.

36-11-10. Residual and implied powers of board.
The Board of Pharmacy shall have all other powers and authority expressly conferred upon it or reasonably implied from the provisions of this chapter.
Source:
SL 1967, ch 102, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-11 - Promulgation of rules.

36-11-11. Promulgation of rules.
The Board of Pharmacy may promulgate rules pursuant to chapter 1-26:
(1)Pertaining to the practice of pharmacy;
(2)Relating to the sanitation of persons and establishments licensed under the provisions of this chapter;
(3)Pertaining to establishments licensed under the provisions of this chapter wherein any drug is compounded, prepared, dispensed or sold;
(4)Providing for minimum equipment and standards of establishments licensed under the provisions of this chapter;
(5)Pertaining to the sale of drugs by or through any mechanical device;
(6)In cooperation with other governmental agencies where there exists a joint responsibility for protecting the public health and welfare;
(7)Pertaining to the sale of nonprescription drugs;
(8)To adopt such publications or supplements thereto as shall from time to time be deemed necessary to describe the drugs, medicines, prescription drugs, dispensing physician or other terms defined in §36-11-2;
(9)Pertaining to the posting of prescription prices on the premises of a pharmacy department to provide consumers with comparative pricing information;
(10)Pertaining to registration of drug wholesalers and manufacturers;
(11)Pertaining to home health care and service;
(12)Pertaining to computerized pharmacy;
(13)Pertaining to the registration of registered pharmacy technicians; an annual registration fee not to exceed thirty dollars; and tasks that may not be delegated by a licensed pharmacist to a registered technician;
(14)Redispensing of pharmaceuticals; and
(15)Pertaining to the dispensing of biological products.
Source:
SDC 1939, §27.1006; SL 1967, ch 102, §7; SL 1973, ch 244, §2; SL 1986, ch 302, §111; SL 1990, ch 325, §1; SL 1997, ch 216, §2; SL 2004, ch 248, §2; SL 2004, ch 249, §1; SL 2012, ch 194, §10; SL 2018, ch 231, §2; SL 2021, ch 168, § 24.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-13 - Unregistered practice of pharmacy as misdemeanor.

36-11-13. Unregistered practice of pharmacy as misdemeanor.
It is a Class 2 misdemeanor for any person other than a pharmacist registered under the laws of South Dakota to engage in the practice of pharmacy except as provided by §36-11-14.
Source:
SDC 1939, §27.1013; SL 1964, ch 86; SL 1967, ch 102, §14; SL 1977, ch 190, §166; SL 1993, ch 278, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-14 - Physicians and veterinarians unaffected by chapter.

36-11-14. Physicians and veterinarians unaffected by chapter.
Nothing in this chapter applies to or in any manner interferes with the business of any physician, as a physician, or any licensed veterinarian, as a licensed veterinarian, or an optometrist, as a licensed optometrist, or prevent him from supplying, under his supervision, to his patients such drugs and medicines as may seem to him proper.
Source:
SDC 1939, §27.1013; SL 1964, ch 86; SL 1967, ch 102, §14; SL 1986, ch 306, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-15 - Unregistered dispensing of drugs or operation of pharmacy as misdemeanor.

36-11-15. Unregistered dispensing of drugs or operation of pharmacy as misdemeanor.
Any person other than a registered pharmacist who compounds or dispenses drugs, medicines, or poisons, or who keeps a pharmacy or store for retailing or compounding medicines, or who takes, uses or exhibits the title of a registered pharmacist is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §27.9922; SL 1967, ch 102, §21; SL 1977, ch 190, §167.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-16 - Requirements for registration as pharmacist.

36-11-16. Requirements for registration as pharmacist.
Any person of good moral character and temperate habits, not less than eighteen years of age, who is a graduate of a college of pharmacy recognized and approved by the board, and who has had the necessary experience as determined by the board in the practice of pharmacy under a regularly licensed pharmacist in a pharmacy where physicians' prescriptions are compounded and who shall pass a satisfactory examination prescribed by the State Board of Pharmacy, shall be entitled to a certificate of registration as a licensed pharmacist. The board shall have the authority to allow credit for suitable military and research activities in the field of pharmacy as part of the experience requirement.
Source:
SDC 1939, §27.1007; SL 1967, ch 102, §9; revised pursuant to SL 1972, ch 15, §4; SL 2020, ch 168, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-16.1 - Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.

36-11-16.1. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.
Each applicant for licensure as a pharmacist in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the board all information obtained as a result of the criminal background check. This information shall be obtained prior to permanent licensure of the applicant. The board may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.
Source:
SL 2012, ch 193, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-17 - Registration fee.

36-11-17. Registration fee.
Every person initially applying for a certificate of registration with the Board of Pharmacy as a registered pharmacist shall pay to the board with the application a fee, not to exceed thirty-five dollars, set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §27.1010; SL 1967, ch 102, §10; SL 1988, ch 301, §1; SL 2008, ch 191, §25.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-18 - Examination of applicants for registration--Grant of certificates to qualified persons.

36-11-18. Examination of applicants for registration--Grant of certificates to qualified persons.
It shall be the duty of the Board of Pharmacy to examine all applications for registration submitted in due form as provided in the rules and regulations of the board and to grant certificates of registration to such persons as may be entitled to the same under the provisions of this chapter.
Source:
SDC 1939, §27.1004; SL 1967, ch 102, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19 - Registration of applicants registered in other states--Fee.

36-11-19. Registration of applicants registered in other states--Fee.
The Board of Pharmacy may in its discretion grant certificates of registration to such persons as shall furnish with their applications satisfactory proof that they have been registered by examination in some other state; provided that such other state required a degree of competency at the time such person was licensed at least equal to that required of licentiates in this state at that same time. The State Board of Pharmacy, in order to be informed, may, in determining the degree of fitness required by the several states' boards of pharmacy for granting license and reciprocal registration, join with other states' boards of pharmacy. Every person applying for registration pursuant to this section shall pay to the board upon application a fee, not to exceed one hundred fifty dollars, set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §27-.1007; SL 1967, ch 102, §9; SL 1986, ch 302, §114; SL 2008, ch 191, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.1 - Authority of registered pharmacists.

36-11-19.1. Authority of registered pharmacists.
Registered pharmacists may:
(1)Perform drug administration pursuant to a prescription drug order. The Board of Pharmacy shall establish standards for drug administration pursuant to chapter 1-26 with the approval of a committee composed of two persons appointed by the Board of Pharmacy, two persons appointed by the Board of Nursing and two persons appointed by the Board of Medical and Osteopathic Examiners;
(2)Perform drug reviews;
(3)Perform or participate in scientific or clinical drug or drug-related research as an investigator or in collaboration with other investigators;
(4)Interpret and apply pharmacokinetic data and other pertinent laboratory data to design safe and effective drug dosage regimens;
(5)Participate in drug and drug device selection pursuant to a prescription drug order;
(6)Initiate or modify drug therapy by protocol or other legal authority established and approved within a licensed health care facility or by a practitioner authorized to prescribe drugs; and
(7)Provide information on prescription drugs, which may include advising, consulting, and educating, as necessary or as required, patients, the public, and other health care providers on the rational, safe and cost-effective use of drugs, including therapeutic values, content, hazards and appropriate use.
Source:
SL 1993, ch 278, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.2 - Nonresident pharmacy defined.

36-11-19.2. Nonresident pharmacy defined.
For purposes of §§36-11-19.2 to 36-11-19.9, inclusive, a nonresident pharmacy is any pharmacy located outside this state that:
(1)Ships, mails, or delivers any dispensed drug to a resident in this state pursuant to a legally issued prescription; and
(2)Provides to a resident of this state information on drugs or devices including advice relating to therapeutic values, potential hazards, and uses; or
(3)Counsels pharmacy patients residing in this state concerning adverse and therapeutic effects of drugs.
Source:
SL 1997, ch 217, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.3 - Requirements for licensure of nonresident pharmacy.

36-11-19.3. Requirements for licensure of nonresident pharmacy.
Any nonresident pharmacy shall be licensed before conducting business in this state. The Board of Pharmacy shall issue a license to any nonresident pharmacy which meets the requirements of §§36-11-19.2 to 36-11-19.9, inclusive. In order to be licensed by the board to do business in this state, a nonresident pharmacy shall:
(1)Be licensed and in good standing in the state in which its dispensing facilities are located;
(2)Comply with all applicable laws, rules, and standards of that state and the United States, and if requested by the board, provide evidence that it has complied; and
(3)Submit an application upon a form prescribed by the Board of Pharmacy and pay a fee set by the board.
The application shall include information on ownership and location of the pharmacy, the identity of licensed pharmacist in charge of the pharmacy, identity of licensed pharmacists who are providing services to patients residing in this state, and provide a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located. The board shall establish pursuant to chapter 1-26 the application fee, which may not be greater than that assessed resident pharmacies.
Source:
SL 1997, ch 217, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.4 - Denial of nonresident pharmacy's application--Appeal.

36-11-19.4. Denial of nonresident pharmacy's application--Appeal.
The board may approve, approve with conditions, or deny the application for licensure or renewal of licensure as a nonresident pharmacy based on information concerning the qualifications of the applicant provided in the application. An applicant may appeal the decision of the board regarding licensure or renewal of licensure pursuant to contested case procedure in chapter 1-26.
Source:
SL 1997, ch 217, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.5 - Expiration and renewal of nonresident pharmacy license.

36-11-19.5. Expiration and renewal of nonresident pharmacy license.
Each nonresident pharmacy license expires on June thirtieth following the date of issue. The board shall mail an application for license renewal to each licensee before June 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 1997, ch 217, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.6 - Conduct causing denial, revocation, or suspension of nonresident pharmacy license--Contested case.

36-11-19.6. Conduct causing denial, revocation, or suspension of nonresident pharmacy license--Contested case.
The board may deny, revoke, or suspend a nonresident pharmacy registration for conduct which causes serious bodily injury or serious psychological injury to a resident of this state if the board has referred the matter to the regulatory or licensing agency in the state in which the nonresident pharmacy is located and the regulatory or licensing agency fails to initiate an investigation within forty-five days after the referral. Any action taken to deny, revoke, or suspend a nonresident pharmacy registration is a contested case proceeding pursuant to chapter 1-26.
Source:
SL 1997, ch 217, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.7 - Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product.

36-11-19.7. Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product.
No nonresident pharmacy may dispense an equivalent drug product or an interchangeable biological product if a brand name has been prescribed, unless the dispensing is done in compliance with the laws of this state nor may dispense an equivalent drug product or an interchangeable biological product to a resident of this state without informing the patient of the selection and the right to refuse the product selected either by telephone or in writing.
Source:
SL 1997, ch 217, §6; SL 2018, ch 231, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.8 - Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions.

36-11-19.8. Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions.
A nonresident pharmacy shall obtain, record, and maintain pertinent patient information. The pharmacy shall provide patients a written offer to consult and access to a toll-free telephone service to facilitate communications between the patient and the pharmacist at the pharmacy. The number of the toll-free telephone service shall be printed on a label affixed to each container of a prescription drug dispensed by the pharmacy to a patient. The toll-free telephone service shall be available for a minimum of six days a week and forty hours a week.
In addition, a nonresident pharmacy shall provide the patient written information about the medication on all new or changed prescriptions. The information shall include directions for storage and use, precautions and relevant warnings about drug interactions and common side effects, and directions for patient action if the patient misses a scheduled dose of the prescription.
Source:
SL 1997, ch 217, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-19.9 - Designation of resident agent for nonresident pharmacy.

36-11-19.9. Designation of resident agent for nonresident pharmacy.
A nonresident pharmacy shall designate a resident agent in this state for service of process. If an agent is not designated, the secretary of state of this state shall be considered to be its agent, upon whom may be served all legal process in any action or proceeding against the nonresident pharmacy. A copy of any service of process shall be mailed by certified mail, return receipt requested, postage prepaid, at the address the nonresident pharmacy has designated on its application for licensure. If any nonresident pharmacy is not licensed in this state, service on the secretary of state is sufficient service.
Source:
SL 1997, ch 217, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-20 - Suspension, revocation, or refusal of license--Grounds--Fraudulent registration void.

36-11-20. Suspension, revocation, or refusal of license--Grounds--Fraudulent registration void.
The Board of Pharmacy may, in compliance with chapter 1-26, suspend, revoke, or refuse to grant a license or certificate of registration to any person guilty of a felony or a misdemeanor involving moral turpitude, or who is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice pharmacy with reasonable skill and safety; and the board may, in compliance with chapter 1-26, revoke a license for like cause, or any license which has been procured by fraud or by false representation. Any license or registration, or renewal thereof, obtained through fraud or by any fraudulent or false representations shall be void. The board may suspend, revoke or refuse to grant a license or certificate of registration to any person permitting or engaging in the unauthorized sale of legend or controlled drugs or substances or who the board finds to be in violation of any law, rule, or regulation governing pharmacists.
Source:
SL 1967, ch 102, §5; SL 1982, ch 275, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-21 - Continuing validity of prior certificates.

36-11-21. Continuing validity of prior certificates.
Nothing in this chapter shall be construed to invalidate any certificate of registration in force on July 1, 1967.
Source:
SDC 1939, §27.1007; SL 1967, ch 102, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-22 - Registration record maintained by board--Contents.

36-11-22. Registration record maintained by board--Contents.
The Board of Pharmacy shall keep a record of registration in which shall be entered the names and places of business of all persons registered under this chapter which records shall also specify such facts as such persons shall claim to justify their registration.
Source:
SL 1967, ch 102, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-23 - Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension.

36-11-23. Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension.
Each pharmacist shall annually by October first each year, pay to the board a registry fee to be fixed by the board in compliance with chapter 1-26, not to exceed one hundred fifty dollars. Upon payment of the fee by a pharmacist, the Board of Pharmacy shall renew the pharmacist's certificate of registration. Any pharmacist who fails to pay the renewal fee by the due date is subject to suspension of certificate by the board in compliance with chapter 1-26. Any suspended certificate may be reinstated if all delinquent fees have been paid, plus a penalty of twenty- five dollars, and the Board of Pharmacy has approved the application for reinstatement.
Source:
SDC 1939, §27.1009; SL 1953, ch 121; SL 1967, ch 102, §10; revised pursuant to SL 1972, ch 15, §4; SL 1988, ch 301, §2; SL 1996, ch 230, §3; SL 2005, ch 199, §35.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-23.1 - Continuing education program established.

36-11-23.1. Continuing education program established.
There is hereby established a program of continuing education for licensed pharmacists within this state.
Source:
SL 1977, ch 296, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-23.2 - Rules relating to continuing education--Maximum annual requirement.

36-11-23.2. Rules relating to continuing education--Maximum annual requirement.
The State Board of Pharmacy shall promulgate rules pertaining to continuing education of pharmacists. Such continuing education program shall not exceed twelve hours in length in any one year.
Source:
SL 1977, ch 296, §3; SL 1986, ch 302, §113.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-23.3 - Continuing education required for relicensure.

36-11-23.3. Continuing education required for relicensure.
As of October 1, 1980, no active pharmacist shall be eligible for relicensure in this state unless the pharmacist has met the continuing education requirements established by the State Board of Pharmacy.
Source:
SL 1977, ch 296, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-23.4 - Advisory council on continuing education.

36-11-23.4. Advisory council on continuing education.
There is hereby established an advisory council to the State Board of Pharmacy consisting of two pharmacists appointed by the State Board of Pharmacy, two pharmacists appointed by the state college of pharmacy and four pharmacists appointed by the South Dakota Pharmacists Association who shall serve without compensation and whose duties shall be to advise the State Board of Pharmacy in the establishment and accreditation of programs of continuing education.
Source:
SL 1977, ch 296, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-25 - Pharmacy intern certificates--Restrictions on practice.

36-11-25. Pharmacy intern certificates--Restrictions on practice.
Pharmacy intern certificates may be issued by the Board of Pharmacy to persons who are gaining experience as a qualification for licensure as a registered pharmacist. Any pharmacy intern granted an intern certificate shall perform his internship pursuant to regulations which shall be promulgated by the Board of Pharmacy. Nothing in this section shall be construed as giving such pharmacy intern authority to fill any prescription, except under the supervision and in the presence of the registered pharmacist.
Source:
SDC 1939, §27.1008; SL 1955, ch 92; SL 1961, ch 130; SL 1967, ch 102, §11; SL 1970, ch 212, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-26 - Board power to discipline registrant.

36-11-26. Board power to discipline registrant.
If the Board of Pharmacy is satisfied that any person holding a certificate of registration is for any reason incompetent or disqualified to perform the duties of a registered pharmacist pursuant to §36-11-20 or as contemplated by the provisions of this chapter, it may, in compliance with §36-11-28:
(1)Issue a reprimand to the registrant;
(2)Place the registrant on probation and supervision;
(3)Suspend the registrant's certificate until he completes a course of therapy, treatment, training, or any combination thereof;
(4)Suspend the registrant's certificate for a fixed period; and
(5)Revoke the registrant's certificate.
Source:
SDC 1939, §27.1011; SL 1959, ch 132; SL 1967, ch 102, §12; SL 1982, ch 275, §2; SL 1986, ch 311.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-28 - Procedure for revocation or suspension of certificate.

36-11-28. Procedure for revocation or suspension of certificate.
A certificate of registration as a pharmacist shall not be revoked or suspended except after hearing before the Board of Pharmacy at which a majority of its members are present and in compliance with chapter 1-26.
Source:
SDC 1939, §27.1011; SL 1959, ch 132; SL 1967, ch 102, §12; revised pursuant to SL 1972, ch 15, §4.