reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-29 - Inspection of facility--Qualifications of designated representative.

36-11A-29. Inspection of facility--Qualifications of designated representative.
The board may not issue a wholesale distributor license to an applicant, unless the board or a nationally recognized accreditation program approved by the board:
(1)Conducts a physical inspection of the facility at the address provided by the applicant as required in subdivision 36-11A-28(1); and
(2)Determines that the designated representative meets the following qualifications:
(a)Is at least twenty-one years of age;
(b)Has been employed full time for at least three years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and recordkeeping relating to, prescription drugs;
(c)Is employed by the applicant full time in a managerial level position;
(d)Is actively involved in and aware of the actual daily operation of the wholesale distributor;
(e)Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including sick leave and vacation leave;
(f)Is serving in the capacity of a designated representative for only one applicant at a time, except where more than one licensed wholesale distributor is co-located in the same facility and such wholesale distributors are members of an affiliated group, as defined in Section 1504 of the Internal Revenue Code;
(g)Does not have any convictions under any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and
(h)Does not have any felony convictions under federal or state laws.
Source:
SL 2007, ch 215, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-30 - Criminal record check.

36-11A-30. Criminal record check.
The board may require the applicant to submit the fingerprints provided by a person with a license application for a statewide criminal record check and for forwarding to the Federal Bureau of Investigation for a national criminal record check of the person.
Source:
SL 2007, ch 215, §12.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-31 - Bond or other security required--Purpose--Exemption--License required for each facility.

36-11A-31. Bond or other security required--Purpose--Exemption--License required for each facility.
The board shall require every wholesale distributor applying for a license to submit a bond of at least one hundred thousand dollars, or other equivalent means of security acceptable to the board, such as an irrevocable letter of credit or a deposit in a trust account or financial institution, payable to a fund established by the board. The board shall establish a fund, separate from its other accounts, in which to deposit the wholesale distributor bonds. Any chain pharmacy warehouse that is not engaged in wholesale distribution is exempt from the bond requirement. The purpose of the bond is to secure payment of any fines or penalties imposed by the board and any fees and costs incurred by the board regarding that license, which are authorized pursuant to statute and which the licensee fails to pay thirty days after the fines, penalties, or costs become final. The board may make a claim against such bond or security until one year after the licensee's license ceases to be valid. A single bond may suffice to cover all facilities operated by the applicant in the state.
If a wholesale distributor distributes prescription drugs from more than one facility, the wholesale distributor shall obtain a license for each facility.
Source:
SL 2007, ch 215, §13.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-32 - Changes or corrections to required information--Suspension or revocation of license.

36-11A-32. Changes or corrections to required information--Suspension or revocation of license.
In accordance with each licensure renewal, the board shall send to each wholesale distributor licensed under §36-11A-27 a form setting forth the information that the wholesale distributor provided pursuant to §36-11A-28. Within thirty days of receiving such form, the wholesale distributor shall identify and state under oath to the board any changes or corrections to the information that was provided pursuant to §36-11A-28. Changes in, or corrections to, any information in §36-11A-28 shall be submitted to the board as required by such authority. The board may suspend or revoke the license of a wholesale distributor if such authority determines that the wholesale distributor no longer qualifies for the license issued under §36-11A-28.
Source:
SL 2007, ch 215, §14.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-33 - Continuing training of designated representative--Confidentiality of information.

36-11A-33. Continuing training of designated representative--Confidentiality of information.
The designated representative identified pursuant to subdivision 36-11A-28(7) shall receive and complete continuing training in applicable federal and state laws governing wholesale distribution of prescription drugs.
The information provided under §36-11A-28 may not be disclosed to any person or entity other than a state board or agency, government board, or government agency, determined to be comparable by the board, provided such licensing authority, government board, or agency needs such information for licensing or monitoring purposes.
Source:
SL 2007, ch 215, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-34 - Returns or exchanges of prescription drugs.

36-11A-34. Returns or exchanges of prescription drugs.
A wholesale distributor shall receive prescription drug returns or exchanges from a pharmacy or chain pharmacy warehouse pursuant to the terms and conditions of the agreement between the wholesale distributor and the pharmacy or chain pharmacy warehouse. Returns of expired, damaged, recalled, or otherwise nonsaleable pharmaceutical products shall be distributed by the receiving wholesale distributor only to either the original manufacturer or a third party returns processor. Wholesale distributors and pharmacies shall be held accountable for administering their returns process and ensuring that the aspects of this operation are secure and do not permit the entry of adulterated and counterfeit product.
Source:
SL 2007, ch 215, §16; SL 2017, ch 174, §19; SL 2021, ch 175, § 7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-35 - Verification that entity to which prescription drugs are to be furnished is licensed.

36-11A-35. Verification that entity to which prescription drugs are to be furnished is licensed.
A manufacturer or wholesale distributor shall furnish prescription drugs only to a person or entity licensed by the appropriate board. Before furnishing prescription drugs to a person or entity not known to the manufacturer or wholesale distributor, the manufacturer or wholesale distributor shall affirmatively verify that the person or entity is legally authorized to receive the prescription drugs by contacting the appropriate board.
Source:
SL 2007, ch 215, §17.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-36 - Delivery of prescription drugs only to licensed premises--Exception.

36-11A-36. Delivery of prescription drugs only to licensed premises--Exception.
Prescription drugs furnished by a licensee shall be delivered only to the premises listed on the license. However, the licensee may furnish prescription drugs to an authorized person or agent of that person at the premises of the manufacturer or wholesale distributor if:
(1)The identity and authorization of the recipient is properly established; and
(2)This method of receipt is employed only to meet the immediate needs of a particular patient of the authorized person.
Source:
SL 2007, ch 215, §18; SL 2017, ch 174, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-37 - Receipt to be signed by authorized hospital pharmacy receiving personnel--Reporting of discrepancies.

36-11A-37. Receipt to be signed by authorized hospital pharmacy receiving personnel--Reporting of discrepancies.
Prescription drugs may be furnished to a hospital pharmacy receiving area provided that a pharmacist or authorized receiving personnel signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug so received. Any discrepancy between receipt and the type and quantity of the prescription drug actually received shall be reported to the delivering manufacturer or wholesale distributor by the next business day after the delivery to the pharmacy receiving area.
Source:
SL 2007, ch 215, §19.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-38 - Accounts for purchase of prescription drugs.

36-11A-38. Accounts for purchase of prescription drugs.
A manufacturer or wholesale distributor may not accept payment for, or allow the use of, a person or entity's credit to establish an account for the purchase of prescription drugs from any person other than the owner of record, the chief executive officer, or the chief financial officer listed on the license of a person or entity legally authorized to receive prescription drugs. Any account established for the purchase of prescription drugs must bear the name of the licensee.
Source:
SL 2007, ch 215, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-41 - Confirmation of receipt of transaction information, transaction history, and transaction statement.

36-11A-41. Confirmation of receipt of transaction information, transaction history, and transaction statement.
Each trading partner who is engaged in the wholesale distribution of a prescription drug including repackagers, but excluding a third-party logistics provider and the original manufacturer of the finished form of the prescription drug, who is provided transaction information, transaction history, and a transaction statement for a prescription drug and attempts to further distribute that prescription drug, shall, before any distribution of a prescription drug occurs, confirm that it has received the transaction information, transaction history, and transaction statement.
Source:
SL 2007, ch 215, §23; SL 2017, ch 174, §23.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-44 - Retention of transaction files--Inspection.

36-11A-44. Retention of transaction files--Inspection.
Each file shall be:
(1)Maintained by the purchaser and the licensee for six years from the date of the transaction; and
(2)Available for inspection or use within two business days upon a request of an authorized officer of the law.
Source:
SL 2007, ch 215, §26; SL 2017, ch 174, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-45 - Cease and desist order for violation--Hearing.

36-11A-45. Cease and desist order for violation--Hearing.
The board shall issue an order requiring the appropriate person including any distributor or retailer of the drug to immediately cease distribution of the drug within this state if the board finds that there is a reasonable probability that:
(1)A wholesale distributor, other than a manufacturer, has:
(a)Violated a provision of §§36-11A-20 to 36-11A-46, inclusive; or
(b)Falsified a transaction document, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;
(2)The prescription drug at issue as a result of a violation in subdivision (1) could cause serious, adverse health consequences or death; and
(3)Other procedures would result in unreasonable delay.
An order under this section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten days after the date of the issuance of the order, on the actions required by the order. If, after providing an opportunity for such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.
Source:
SL 2007, ch 215, §27; SL 2017, ch 174, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-1 - Acts constituting practice of veterinary medicine.

36-12-1. Acts constituting practice of veterinary medicine.
Any person shall be deemed in the practice of veterinary medicine who represents himself as or is engaged in the practice of veterinary medicine in any of its branches either directly or indirectly, or uses any words, titles, or letters, to title so as to signify that he is a veterinarian, or who for a fee diagnoses, prescribes or administers any drug, medicine, appliance, application, or treatment of whatever nature, or performs a surgical operation or manipulation, or conducts any autopsy or biopsy, for the prevention, cure, or relief of a pain, deformity, wound, fracture, or bodily injury, or physical condition or disease of animals, and the term animals as used in this section shall mean all animals other than man, except that this section shall not be applicable to the advertising or the sale of foods and medicines used in commercial feeds for the prevention of livestock diseases.
Source:
SDC 1939, §40.0201; SL 1961, ch 201, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-2 - Persons not considered engaged in practice of veterinary medicine.

36-12-2. Persons not considered engaged in practice of veterinary medicine.
The following persons shall not be considered to be engaging in the practice of veterinary medicine in this state:
(1)Those who administer to livestock, title of which rests in himself, or in his regular employer, or free service in any case;
(2)Those who conduct experimentation in scientific research in the development of methods, technics, or treatment, directly or indirectly applicable to the problems of medicine and who in connection therewith uses animals;
(3)Services to poultry in its entirety;
(4)Regular students in a legally chartered and recognized college of veterinary medicine, while in the performance of studies and acts assigned by their instructors;
(5)Those who are licensed in another state of the United States when engaged in this state in consultation with veterinarians legally practicing herein, providing such consultation does not exceed thirty days in any one year;
(6)Those who are senior students in an approved school of veterinary medicine and who shall obtain from the Board of Veterinary Medical Examiners an undergraduate permit to practice in the office and under the direct supervision of any veterinarian practicing within this state;
(7)Those who are employees of the State of South Dakota or the United States of America while in the performance of their duties as such employee;
(8)Those selling drugs, medicines, household remedies, or appliances at wholesale or retail and advising as to the use and purpose of such drugs, medicines, household remedies, or appliances;
(9)Veterinary livestock assistants registered by the State Board of Veterinary Medical Examiners who work under the supervision of a veterinarian licensed in the State of South Dakota to perform spaying of cattle and administration of biologics and pharmaceuticals under the order of their supervising veterinarians. The State Board of Veterinary Medical Examiners shall promulgate rules pursuant to chapter 1-26 for the registration of veterinary livestock assistants.
Source:
SDC 1939, §40.0201; SL 1961, ch 201, §17; SL 1963, ch 242; SL 2001, ch 202, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-3 - Board of examiners appointed--Qualifications of members--Terms of office.

36-12-3. Board of examiners appointed--Qualifications of members--Terms of office.
The Governor shall appoint a State Board of Veterinary Medical Examiners which shall include three veterinarians. Each veterinarian shall be a graduate from a college authorized by law to confer degrees of veterinary medicine with educational standards equal to those approved by the American Veterinary Medical Association, and each veterinarian shall be licensed and registered under this chapter and actively engaged in the practice of veterinary medicine in the state for a period of five years preceding the appointment. Appointments shall be made for the term of three years. No member of this board may serve more than three full terms. The appointment of a person to an unexpired term is not considered a full term.
Source:
SL 1961, ch 201, §1; revised pursuant to SL 1973, ch 2, §58; SL 2005, ch 199, §36.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-4 - Period of practice required for appointment to board.

36-12-4. Period of practice required for appointment to board.
Except as provided by §36-12-5.1, no one shall be eligible for appointment to the State Board of Veterinary Medical Examiners who has not actively engaged in the practice of veterinary medicine in the State of South Dakota for a period of five years immediately prior to his appointment.
Source:
SL 1961, ch 201, §2; revised pursuant to SL 1973, ch 2, §58.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-5.1 - Lay member of board--Appointment and term of office.

36-12-5.1. Lay member of board--Appointment and term of office.
The membership of the Board of Veterinary Medical Examiners 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 12 - Veterinarians › Section 36-12-6 - Removal of board member.

36-12-6. Removal of board member.
The Governor shall remove any member of the Board of Veterinary Examiners upon proper showing of neglect of duty or for corrupt conduct in office or any other misfeasance or malfeasance in office.
Source:
SL 1961, ch 201, §3; SL 2005, ch 199, §38.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-7 - Filling of vacancies on board.

36-12-7. Filling of vacancies on board.
If any vacancy occurs among the veterinarians on the State Board of Veterinary Medical Examiners due to resignation, death, removal from the state, or suspension as provided in this chapter, or for any other reason, the Governor shall fill such vacancy from the roster of licensed veterinarians within the state until the next succeeding October thirty-first. The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.
Source:
SL 1961, ch 201, §4; revised pursuant to SL 1973, ch 2, §58; SL 2012, ch 16, §22; SL 2013, ch 176, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-8 - Annual meeting and election of officers.

36-12-8. Annual meeting and election of officers.
The State Board of Veterinary Medical Examiners shall by rule provide for an annual meeting. At such meeting the board shall elect a president, vice-president, and secretary, who shall have the duties hereinafter set forth in this chapter.
Source:
SL 1961, ch 201, §§5, 15; SL 1975, ch 237, §1; SL 1989, ch 326, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-8.1 - Executive secretary--Duties--Bond--Limitation on board's expenditures.

36-12-8.1. Executive secretary--Duties--Bond--Limitation on board's expenditures.
The Board of Veterinary Medical Examiners may employ an executive secretary who shall have such duties as may be provided by resolution of the Board of Examiners. The board may expend the necessary funds for an office, furniture, fixtures, supplies, and administrative services. The board may require the executive secretary to furnish a bond for faithful performance of duties in such sum as the board may from time to time direct. No expenses may be incurred by the board in excess of the accumulated revenue available to the board at the time the expense is incurred.
Source:
SL 1986, ch 313, §8; SL 1989, ch 326, §2; SL 1993, ch 279, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-9 - Quorum of board.

36-12-9. Quorum of board.
A quorum of the Board of Veterinary Medical Examiners shall consist of three members and such quorum shall be sufficient to conduct the proceedings of the board set forth in this chapter.
Source:
SL 1961, ch 201, §5; SL 1975, ch 237, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-9.1 - Board continued within Department of Agriculture and Natural Resources--Records and reports.

36-12-9.1. Board continued within Department of Agriculture and Natural Resources--Records and reports.
The Board of Veterinary Medical Examiners shall continue within the Department of Agriculture and Natural Resources, 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 agriculture and natural resources, except that the board shall report at least annually.
Source: SL 1973, ch 2, §56 (t); SL 2003, ch 272, §33; SL 2021, ch 1 (Ex. Ord.
21-3
), § 51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-10 - Records kept by secretary of board.

36-12-10. Records kept by secretary of board.
The secretary of the Board of Veterinary Medical Examiners shall keep a permanent record of all parties licensed to practice veterinary medicine in the State of South Dakota, the names of applicants for licensure, the minutes of all meetings held by the board, and a current list of those to whom the annual registration certificates have been issued.
Source:
SL 1961, ch 201, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-11 - Fees used to pay expenses.

36-12-11. Fees used to pay expenses.
All fees set forth under this chapter shall be paid to the secretary of the Board of Veterinary Medical Examiners and shall be kept by the board to pay its necessary expenses, including the paying of any help required by the board in performing its functions as set forth in this chapter, and including payment to the members of the board for their compensation and reimbursement of expenses provided by law.
Source:
SL 1961, ch 201, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-12 - Application for license as veterinarian--Education requirement--Fee--Promulgation of rules.

36-12-12. Application for license as veterinarian--Education requirement--Fee--Promulgation of rules.
Any person who is over the age of eighteen years desiring to begin the practice of veterinary medicine or veterinary surgery in the State of South Dakota shall make application to the Board of Veterinary Medical Examiners for license to do so. The application shall be made on a form furnished by the board and shall be accompanied by evidence that the applicant has graduated in and received a degree from an accredited or approved college of veterinary medicine, holds a current certificate issued by the American Veterinary Medical Association Education Commission for foreign veterinary graduates, or holds a certificate from the Program for Assessment of Veterinary Education Equivalence from the American Association of Veterinary State Boards, indicating that the applicant has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited or approved college of veterinary medicine. Every person applying to the board for license to practice shall pay to the board a fee, not to exceed one hundred dollars, which shall become a part of the funds of the treasury of the board.
The board shall promulgate rules pursuant to chapter 1-26 to set the application for licensure fee and establish the educational training, reciprocity, discipline, and examination standards for the licensure for the practice of veterinary medicine and veterinary technicians. Application fees for veterinarians may not exceed one hundred dollars and application fees for veterinary technicians may not exceed twenty-five dollars.
Source:
SDC 1939, §40.0207; SL 1961, ch 201, §6; revised pursuant to SL 1972, ch 15, §4; SL 1986, ch 302, §34; SL 1986, ch 313, §3; SL 1993, ch 279, §2; SL 2008, ch 191, §28; SL 2010, ch 191, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-13 - Notice and scope of examination of applicants.

36-12-13. Notice and scope of examination of applicants.
The Board of Veterinary Medical Examiners shall give five days' notice of examination to all parties filing application forms as provided in §36-12-12 by mailing to such applicants at their last known post office address the time and place of examination, and at such time and place the board shall proceed to examine by either oral, written, or practical examination each applicant, or by a combination of oral, written, or practical examination to determine and ascertain the professional qualifications for license of all applicants under this chapter, and shall examine the applicant as to his moral character and fitness to practice veterinary medicine within the State of South Dakota.
Source:
SDC 1939, §40.0207; SL 1961, ch 201, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-14 - Issuance of licenses to qualified applicants.

36-12-14. Issuance of licenses to qualified applicants.
Within a reasonable time after examining applicants for licensing under this chapter, the Board of Veterinary Medical Examiners shall issue licenses to all parties found duly qualified therefor and such licenses shall be signed by the president and secretary of the board.
Source:
SDC 1939, §40.0207; SL 1961, ch 201, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-15 - Licensing on certification from another state--Fee.

36-12-15. Licensing on certification from another state--Fee.
The Board of Veterinary Medical Examiners, without examination, may issue a license to practice veterinary medicine to a citizen of the United States or a resident of South Dakota who has been actively engaged in such profession in some other state, territory, or the District of Columbia, upon the certificate of the proper licensing authority of that state, territory, or the District of Columbia, certifying that the applicant is duly licensed, that his license has never been suspended or revoked, and that in so far as records of that authority are concerned, the applicant is entitled to its endorsement. The state, territory, or District of Columbia from which the applicant comes shall have and maintain standards regulating the profession at least equal to those maintained in the profession in South Dakota. In order that the board may determine such standards, the secretary of the examining board shall gather information from other states bearing on this point. Such license shall only be issued to those filing application with the secretary of the board accompanied by a fee not to exceed twenty-five dollars. The fee shall be set by the board by rule promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §40.0205; SL 1961, ch 201, §9; revised pursuant to SL 1972, ch 15, §4; SL 2008, ch 191, §29.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-16 - Continuing validity of previously issued certificates--Recording of names.

36-12-16. Continuing validity of previously issued certificates--Recording of names.
All registration certificates to practice veterinary medicine issued prior to July 1, 1961, pursuant to the laws of the State of South Dakota shall be deemed to be a license issued under this chapter, and the secretary of the Board of Veterinary Medical Examiners shall record the names of all parties to whom such registration certificates were issued along with those to whom licenses are issued after such date.
Source:
SL 1961, ch 201, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-17 - Temporary student permits.

36-12-17. Temporary student permits.
The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to senior students who practice in the office of, and under the direct supervision of a veterinarian entitled to practice veterinary medicine in this state, which temporary permit shall not exceed four months from its date of issuance.
Source:
SL 1961, ch 201, §18 (a).
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-18 - Temporary permits to applicants awaiting examination.

36-12-18. Temporary permits to applicants awaiting examination.
The secretary of the Board of Veterinary Medical Examiners shall issue temporary permits to those who have graduated from and received a degree from a legally authorized veterinary medical school having educational standards equal to those approved by the American Veterinary Medical Association, and notify the board of their intention to apply for a license at the next meeting of the board in which examinations are conducted and who submit with such notice of intention evidence of the degree which they have received and evidence of their good moral character, which temporary certificate shall not exceed the next issuance of licenses by the board. The board is not required to issue an additional temporary certificate to a person who has failed an examination given by the board.
Source:
SL 1961, ch 201, §18 (b); SL 1993, ch 279, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-18.1 - Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit.

36-12-18.1. Temporary permits to certain graduates of nonaccredited colleges--Practice under supervision--Duration of permit.
The secretary of the Board of Veterinary Medical Examiners shall issue a temporary permit to a graduate of a nonaccredited college of veterinary medicine who has completed the fourth year of study at an accredited college, has successfully passed the national exam defined in rules promulgated by the board pursuant to chapter 1-26, and has enrolled in the Educational Committee for Foreign Veterinary Graduates program. The holder of a temporary permit under this section shall practice under the supervision of a veterinarian licensed in South Dakota. Temporary permits issued under this section are valid until the permittee obtains Educational Committee for Foreign Veterinary Graduates certification or for a maximum of two years from the date of issue.
Source:
SL 2001, ch 203, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-19 - Registration certificate required--Fee.

36-12-19. Registration certificate required--Fee.
Each person licensed by the Board of Veterinary Medical Examiners to practice veterinary medicine in this state shall procure from the secretary of the board on or before July first, on a biennial basis, a certificate of registration. Such certificate shall be issued by the secretary upon payment of a fee set by the board, by rule, promulgated pursuant to chapter 1-26, not to exceed the sum of two hundred dollars. No licensed person applying for a certificate of registration after July first may be issued a certificate without paying a late fee not to exceed one hundred dollars.
Source:
SDC 1939, §40.0203; SL 1957, ch 201; SL 1961, ch 201, §11; SL 1975, ch 237, §3; SL 1986, ch 313, §4; SL 2008, ch 191, §30.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-19.1 - Continuing education requirement--Waiver--Promulgation of rules.

36-12-19.1. Continuing education requirement--Waiver--Promulgation of rules.
All registered veterinarians licensed pursuant to this chapter shall complete annual courses of study in subjects related to the practice of veterinary medicine. The Board of Veterinary Medical Examiners may, however, waive the continuing education requirement in the case of a certified illness, undue hardship, or for veterinarians not engaged in acts constituting the practice of veterinary medicine as defined in §36-12-1. The board may promulgate rules pursuant to chapter 1-26 to govern the minimum amount and type of continuing education in veterinary medicine to be required annually of each licensed veterinarian seeking renewal of registration pursuant to §36-12-19.
Source:
SL 1979, ch 258, §§1 to 3; SL 2010, ch 192, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 12 - Veterinarians › Section 36-12-19.2 - Maximum length of study--Attendance at course of study certified.

36-12-19.2. Maximum length of study--Attendance at course of study certified.
The length of study required by §36-12-19.1 may be prescribed by the Board of Veterinary Medical Examiners pursuant to §36-12-19.1 but may not exceed twenty-four hours in any calendar year. Attendance at any course of study is to be certified by the board upon a form provided by the board. This form shall be submitted by each registered veterinarian at the time he makes application for renewal of his license pursuant to §36-12-19. Only attendance at courses approved by the board are certifiable. The board may not require a greater number of hours of study than are available within this state.
Source:
SL 1979, ch 258, §3.