reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-29 - Appeal from revocation or suspension of certificate.

36-11-29. Appeal from revocation or suspension of certificate.
An appeal from the decision of the Board of Pharmacy may be taken as provided by 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.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-30 - Registration and permit required for operation of pharmacy--Violation as misdemeanor.

36-11-30. Registration and permit required for operation of pharmacy--Violation as misdemeanor.
No pharmacy shall open or be kept open for transaction of business until it has been registered and a permit issued by the State Board of Pharmacy.
A violation of this section is a Class 2 misdemeanor. Each day of violation is a separate offense.
Source:
SDC 1939, §27.1012; SL 1967, ch 102, §13; SL 1992, ch 158, §82.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-31 - Business name or advertising implying pharmacy prohibited unless registered--Violation as misdemeanor.

36-11-31. Business name or advertising implying pharmacy prohibited unless registered--Violation as misdemeanor.
No person, copartnership or corporation may carry on, conduct, or transact business under a name which contains as a part thereof the term or words "drug department," "drugstore" or "pharmacy" or any term implying the operation of a pharmacy or drugstore, or in any manner by advertisement, circular, poster, sign or otherwise describe or refer to a place of business by the terms "drugstore" or "pharmacy" or any other term or words which may be applied to establishments where drugs, medicines, and poisons are usually dispensed or distributed, unless the place of business so conducted is a pharmacy duly authorized and registered by the State Board of Pharmacy. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §27.1017; SL 1967, ch 102, §17; SL 1992, ch 158, §83.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-32 - Pharmacy permit issued by board--Fee.

36-11-32. Pharmacy permit issued by board--Fee.
Upon a form prescribed by the State Board of Pharmacy and the payment of a fee, not to exceed two hundred dollars, set by the Board of Pharmacy in accordance with chapter 1-26, the State Board of Pharmacy shall issue to pharmacists in good standing, registered under the laws of this state, a permit to conduct a pharmacy.
Source:
SDC 1939, §27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15; SL 1975, ch 236; SL 1984, ch 251; SL 2008, ch 191, §27.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-33 - Institutional pharmacy permits--Scope of services provided--Minimum standards.

36-11-33. Institutional pharmacy permits--Scope of services provided--Minimum standards.
The Board of Pharmacy may issue to pharmacists in good standing a permit to conduct a part-time, limited, or conditional pharmacy in hospitals, nursing homes or related facilities provided that the pharmacy services are limited to patients. A permit to conduct a pharmacy, the merchandise and fixtures of which are owned by a person, firm, or corporation other than a registered pharmacist, upon said registered pharmacist making application for a permit hereunder, may be issued and granted to the said registered pharmacist, on compliance with the provisions of this chapter, and with minimum standards as established by the board.
Source:
SL 1967, ch 121, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-34 - Ownership or control by pharmacist required for pharmacy permit.

36-11-34. Ownership or control by pharmacist required for pharmacy permit.
No permit to conduct a pharmacy shall be issued to any pharmacist applicant unless such pharmacist applicant is owner, or part owner, of the merchandise and fixtures of the place of business for which such pharmacy registration is applied for, or unless application is made jointly with a registered pharmacist owner, or unless the nonpharmacist owner of the merchandise and fixtures of the place of business for which pharmacy registration is applied for, has made affidavit on a form prescribed by the state board of pharmacy delegating complete responsibility for the pharmaceutical services in said place of business to the pharmacist applicant.
Source:
SDC 1939, §27.1014; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-35 - Pharmacy permit as legal registration--Expiration date.

36-11-35. Pharmacy permit as legal registration--Expiration date.
Each permit for a pharmacy shall constitute and signify a legal registration for the pharmacy to which it applies, and shall expire on the last day of June following the date of issue.
Source:
SDC 1939, §27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-36 - Permit and certificate displayed in pharmacy.

36-11-36. Permit and certificate displayed in pharmacy.
Each permit for a pharmacy, together with a certificate naming the pharmacist actively conducting said pharmacy, issued by the State Board of Pharmacy, which shall be a part of said permit, shall be exposed in a conspicuous place in the pharmacy to which it applies.
Source:
SDC 1939, §27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-37 - Transfer of pharmacy permit to another pharmacist.

36-11-37. Transfer of pharmacy permit to another pharmacist.
Each permit for a pharmacy may be transferred to another pharmacist in good standing and registered under the laws of this state without the payment of an additional fee; provided an application for the transfer of said permit is made upon a form prescribed by the State Board of Pharmacy and filed with the secretary thereof not less than ten days before the transfer of such active management is made.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-38 - Permit void after death of pharmacist--Time allowed for transfer.

36-11-38. Permit void after death of pharmacist--Time allowed for transfer.
In the event of the death of the pharmacist permittee, the pharmacy permit issued to the deceased under this chapter shall, within one hundred twenty days after the death of such permittee, become null and void unless transfer thereof, as provided in §36-11-37, shall have been made within the said one hundred twenty day period.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-39 - Report to board of changes in location or ownership of pharmacy.

36-11-39. Report to board of changes in location or ownership of pharmacy.
The change of location of any pharmacy for which a permit has been issued from one municipality to another within this state, any change in the ownership of such pharmacy, or the cessation of business by such pharmacy shall be reported to the State Board of Pharmacy within ten days from such occurrence on forms prescribed by the State Board of Pharmacy.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-40 - Permit void on unreported transfer, change of location or change in management.

36-11-40. Permit void on unreported transfer, change of location or change in management.
Any permit issued under the provisions of §36-11-32 shall be void if the active management of any pharmacy is changed without the transfer, as provided in §36-11-37, of the permit therefor, or if the location of said pharmacy is changed without the same being reported as provided in §36-11-39, or if the pharmacy is kept open for business after the permittee has ceased to be in active management of said pharmacy, and whenever the minimum requirements of this chapter and the Board of Pharmacy are no longer met.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-41 - Equipment, supplies and publications required for pharmacy permit.

36-11-41. Equipment, supplies and publications required for pharmacy permit.
No permit may be issued under 36-11-32 unless:
(1)The pharmacy is equipped with the pharmaceutical instruments and utensils prescribed by the State Board of Pharmacy, and shall possess a stock of pharmaceuticals adequate to serve the needs of the community in which the pharmacy is located; and
(2)The pharmacy has on file at all times the publications and supplements of formularies and drug information prescribed by the board by rules promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15; SL 1987, ch 271; SL 2003, ch 204, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-42 - Sanitary conditions required in pharmacy.

36-11-42. Sanitary conditions required in pharmacy.
Any permit issued under the provisions of §36-11-32 shall be void and subject to cancellation by the State Board of Pharmacy, unless such pharmacy is maintained and operated in a clean and sanitary condition, free from unhealthful, foreign, or injurious contamination.
Source:
SDC 1939, §27.1015 as added by SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-43 - Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution.

36-11-43. Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution.
The Board of Pharmacy may, in the manner provided by chapter 1-26, adopt a code of professional ethics for pharmacists in this state in the practice of their profession. In adopting such code, or any amendments thereafter, the board will consider the recommendations of the South Dakota Pharmacists Association and the vote of its members, provided however, that any such code so adopted shall at no time contain any provision that would in any way restrain, prohibit or attempt to regulate the rights of any pharmacist to be employed in any pharmacy holding a valid pharmacy permit. Violation of the code of professional ethics shall not be the basis for criminal prosecution unless otherwise declared unlawful.
Source:
SL 1967, ch 102, §7 (h); SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-44 - Permitting unauthorized practice or false representation to secure registration as misdemeanor.

36-11-44. Permitting unauthorized practice or false representation to secure registration as misdemeanor.
Any registered pharmacist who permits the compounding or dispensing of prescriptions or the vending of drugs or poisons in his store or place of business, except under the personal supervision of a registered pharmacist, or any pharmacist who, while continuing in business, makes any false representations to procure registration for himself or any other person, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §27.9923; SL 1967, ch 102, §22; SL 1977, ch 190, §168.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46 - Dispensing of substandard drugs prohibited--Violation as misdemeanor.

36-11-46. Dispensing of substandard drugs prohibited--Violation as misdemeanor.
No person may compound, dispense, sell, or offer for sale, or cause to be compounded, dispensed, sold or offered for sale any medicine or preparation under or by a name recognized in the United States Pharmacopoeia or National Formulary, for internal or external use, which differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary, official at the time of such compounding, dispensing, sale, or offering for sale. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1967, ch 102, §20 (b); SL 1978, ch 271, §1; SL 1992, ch 158, §84.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.1 - Dispensing equivalent drug products.

36-11-46.1. Dispensing equivalent drug products.
A pharmacist dispensing a prescription drug order for a drug product prescribed by its brand name may select any equivalent drug product, if the manufacturer or distributor of the equivalent drug product holds, if applicable, either an approved new drug application or an approved abbreviated new drug application, unless other approval by law or from the Federal Food and Drug Administration is required.
Source:
SL 1978, ch 271, §3; SL 1993, ch 277, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.2 - Prescription prohibiting substitution--Requirements.

36-11-46.2. Prescription prohibiting substitution--Requirements.
A practitioner may prohibit a pharmacist from selecting an equivalent drug product or interchangeable biological product by handwriting on the prescription drug order the words, brand necessary, or words of similar meaning. The prohibition may not be preprinted or stamped on the prescription drug order. This selection does not preclude a reminder of the procedure required for the practitioner to prohibit selection by a pharmacist from being preprinted on the prescription drug order. If an oral prescription is given to a pharmacist, the practitioner or practitioner's authorized agent shall instruct the pharmacist if selection of an equivalent drug product or interchangeable biological product is prohibited. The pharmacist shall note the instructions on the file copy of the prescription drug order.
Source:
SL 1978, ch 271, §4; SL 1990, ch 306, §2; SL 1993, ch 277, §3; SL 2018, ch 231, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.3 - Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.

36-11-46.3. Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.
The pharmacist or the pharmacist's agent shall inform the person receiving the drug or biological product pursuant to the prescription drug order of the selection of an equivalent drug product or interchangeable biological product and of the person's right to refuse the product selected. A pharmacist shall, upon request of the prescribing practitioner, provide information regarding substitutions of equivalent drug products.
Source:
SL 1978, ch 271, §5; SL 1990, ch 306, §3; SL 1993, ch 277, §4; SL 2018, ch 231, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.4 - Standards for selecting prescription drug.

36-11-46.4. Standards for selecting prescription drug.
A pharmacist may not select a product unless it has been manufactured, labeled, or distributed by a manufacturer, labeler, or distributor who:
(1)Marks capsules and tablets with an identification code or monogram;
(2)Labels products with their expiration date;
(3)Provides reasonable services to accept return goods that have reached their expiration date;
(4)Maintains reasonable resources for product information;
(5)Maintains recall capabilities for unsafe or defective drugs; and
(6)Makes available therapeutic equivalency ratings.
Source:
SL 1978, ch 271, §6; SL 1990, ch 306, §4; SL 1993, ch 277, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.5 - Liability for dispensing equivalent drug product or interchangeable biological product.

36-11-46.5. Liability for dispensing equivalent drug product or interchangeable biological product.
A pharmacist who selects an equivalent drug product or interchangeable biological product pursuant to this chapter assumes no greater liability for selecting the dispensed drug or biological product than would be incurred in filling a prescription for a drug or biological product prescribed by its established, generic, or proper name.
Source:
SL 1986, ch 309; SL 2018, ch 231, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.6 - Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.

36-11-46.6. Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.
The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name or the United States Pharmacopoeia pharmacy equivalent name of the drug dispensed. If a pharmacist selects a generically equivalent drug product for the brand name drug product prescribed, the prescription container label shall identify the generic name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: "(generic name) Generic for (brand name)". The pharmacy file copy of each prescription shall include the brand name, if any, or the name of the manufacturer, labeler, or distributor of the drug product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26.
Source:
SL 1990, ch 306, §5; SL 1993, ch 278, §6; SL 2001, ch 201, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.7 - Equivalent drug and biological product requirements not applicable to hospital patients.

36-11-46.7. Equivalent drug and biological product requirements not applicable to hospital patients.
The requirements of §§36-11-46.1 to 36-11-46.3, inclusive, 36-11-46.6, and 36-11-46.9 to 36-11-46.11, inclusive, do not apply to an order to dispense a drug or biological product to a hospital patient.
Source:
SL 1990, ch 306, §6; SL 1993, ch 277, §6; SL 2018, ch 231, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.8 - Cause of action for selection of equivalent drug product or interchangeable biological product.

36-11-46.8. Cause of action for selection of equivalent drug product or interchangeable biological product.
The selection of an equivalent drug product or interchangeable biological product does not, in itself, in the absence of willful misconduct or negligence, constitute a cause of action against the practitioner.
Source:
SL 1993, ch 277, §7; SL 2018, ch 231, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.9 - Dispensing interchangeable biological products.

36-11-46.9. Dispensing interchangeable biological products.
A pharmacist dispensing a prescription drug order for a biological product prescribed by its brand or proper name may select an interchangeable biological product of the prescribed product. Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the prescriber through:
(1)An interoperable electronic medical records system;
(2)An electronic prescribing technology;
(3)A pharmacist benefit management system; or
(4)A pharmacy record.
Source:
SL 2018, ch 231, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.10 - Notice to practitioner of biological product dispensed.

36-11-46.10. Notice to practitioner of biological product dispensed.
Any entry into an electronic records system as described in §36-11-46.9 is presumed to provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological product dispensed to the practitioner using facsimile, telephone, electronic transmission, or other prevailing means, if communication is not required where:
(1)There is no interchangeable biological product approved by the U.S. Food and Drug Administration for the product prescribed; or
(2)A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
Source:
SL 2018, ch 231, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-46.11 - Labeling of prescription container for biological product.

36-11-46.11. Labeling of prescription container for biological product.
The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed biological product. If the dispensed biological product does not have a brand name, the prescription label shall indicate the proper name of the biological product dispensed. If a pharmacist selects an interchangeable biological product for the brand name biological product prescribed, the prescription container label shall identify the proper name and may identify the brand name for which the selection is made. The dual identification allowed under this section shall take the form of the following statement on the prescription container label: (proper name) interchangeable with (brand name). The pharmacy file copy of each prescription shall include the brand name, if any, or the proper name, and the name of the manufacturer of the biological product dispensed. The prescription container label shall include all information required by federal and state law or by rule promulgated by the board pursuant to chapter 1-26.
Source:
SL 2018, ch 231, §11.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-47.1 - Posting of prescription drug prices authorized--Rules and regulations.

36-11-47.1. Posting of prescription drug prices authorized--Rules and regulations.
The posting of prescription drug prices upon the premises of a duly licensed pharmacy department is hereby specifically authorized and shall not constitute "advertising of prescription prices" within the meaning of this chapter when performed in accordance with such rules and regulations as may be adopted by the State Board of Pharmacy to provide consumers with comparative pricing information.
Source:
SL 1973, ch 244, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-47.2 - Refusal to quote prescription price as misdemeanor.

36-11-47.2. Refusal to quote prescription price as misdemeanor.
It is a Class 2 misdemeanor for any pharmacist to refuse to quote the price of any prescription legend drug when said quote is requested by a person.
Source:
SL 1975, ch 235; SL 1977, ch 190, §171.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-48 - Grounds for suspension or revocation of pharmacy permit.

36-11-48. Grounds for suspension or revocation of pharmacy permit.
The State Board of Pharmacy may suspend or revoke any permit obtained by false representations made in the application therefor, or when the pharmacy for which the permit shall be issued is kept open for the transaction of business without a registered pharmacist in charge thereof, or upon conviction of a violation of any law of this state or of the United States pertaining to the drug business or for the aiding or abetting in the violation of any such law.
Source:
SDC 1939, §27.1016; SL 1967, ch 102, §16.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-49 - Procedure for revocation of pharmacy permit.

36-11-49. Procedure for revocation of pharmacy permit.
Before any permit for a pharmacy shall be revoked chapter 1-26 shall be complied with. Two members of the board shall constitute a quorum and no permit shall be revoked except by a vote of two or more members of the State Board of Pharmacy.
Source:
SDC 1939, §27.1016; SL 1967, ch 102, §16; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-50 - Appeal from cancellation of pharmacy permit.

36-11-50. Appeal from cancellation of pharmacy permit.
An appeal from the decision of the Board of Pharmacy may be taken as provided by chapter 1-26.
Source:
SDC 1939, §27.1016; SL 1967, ch 102, §16; revised pursuant to SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-63 - Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.

36-11-63. Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.
All fees shall be paid to the secretary of the State Board of Pharmacy. Out of the funds collected the board may, pursuant to chapter 3-6D, employ agents, inspectors, and clerical assistance and pay expenses as may be necessary for the enforcement of the provisions of this chapter.
Source:
SDC 1939, §27.1015; SL 1943, ch 105; SL 1953, ch 122; SL 1967, ch 102, §15; SL 1973, ch 23; SL 2018, ch 12, §15.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-64 - Employment of inspectors--Inspection of licensed establishments.

36-11-64. Employment of inspectors--Inspection of licensed establishments.
The Board of Pharmacy may employ inspectors of pharmacy. The members of the board and inspectors of pharmacy may inspect during business hours, all establishments required to be licensed under the authority of the board.
Source:
SL 1967, ch 102, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-65 - Injunction proceedings to prevent violations of chapter--Election of remedies.

36-11-65. Injunction proceedings to prevent violations of chapter--Election of remedies.
Whenever the Board of Pharmacy believes, from evidence satisfactory to it, that any person is violating or about to violate any provisions of this chapter or any order or requirement of the board issued or promulgated pursuant to authority expressly granted the board by law, the board may bring an action in the name of the State of South Dakota against such person to enjoin such violation or any act in furtherance thereof. Such action shall be an alternate to criminal proceedings, and the commencement of one proceeding by the board constitutes an election. In such action an order or judgment may be entered awarding such temporary or permanent injunction as is proper.
Source:
SL 1967, ch 102, §24; SL 1978, ch 155, §20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-66 - Severability of provisions.

36-11-66. Severability of provisions.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and applicability thereof to other persons and circumstances shall not be affected thereby.
Source:
SL 1967, ch 102, §26.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-67 - Participants in drug utilization review program immune from liability.

36-11-67. Participants in drug utilization review program immune from liability.
Pharmacists licensed under this chapter or physicians licensed under chapter 36-4 who participate on a drug utilization review program as defined in §36-11-2 are individually or jointly not subject to and are immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice when acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the program conferred upon them under any provisions of law or rule, good faith being presumed until proven otherwise, with malice required to be shown by the complainant.
Source:
SL 1992, ch 270, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-68 - Counseling patients and caregivers--Maintenance of patient records.

36-11-68. Counseling patients and caregivers--Maintenance of patient records.
After receipt of a prescription drug order, the pharmacist shall offer to counsel each patient or caregiver who receives a prescribed drug or device from him on matters which in the exercise of the pharmacist's professional judgment the pharmacist deems significant. To this purpose, the pharmacist shall make a reasonable effort to obtain, record, and maintain pertinent patient information. Before January 1, 1993, the board shall establish minimum standards by rules adopted pursuant to chapter 1-26 for counseling patients and caregivers and for maintenance of patient information.
Nothing in this section shall be construed to require a pharmacist to provide patient counseling for prescribed drugs:
(1)Administered to an inpatient or resident of a health care facility;
(2)Administered by a certified or licensed health professional to registered outpatients of a hospital; or
(3)Provided in less than a seventy-two-hour supply to inpatients or outpatients as a part of the discharge process.
Source:
SL 1992, ch 270, §3.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-69 - Release of patient information--Good faith required.

36-11-69. Release of patient information--Good faith required.
Patient information may be released only in the following circumstances:
(1)If it is authorized by the patient;
(2)If it is requested by the board as part of an inspection or investigation of a pharmacy or pharmacist;
(3)If, in the pharmacist's professional judgment, release to practitioners and other pharmacists is necessary to protect the patient's health and well-being; and
(4)If other persons are authorized or required by law to obtain access to patient information.
A pharmacist or pharmacy is immune from civil liability for any action based on good faith release of patient information under this section.
Source:
SL 1992, ch 270, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-70 - Refusal to dispense medication.

36-11-70. Refusal to dispense medication.
No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to:
(1)Cause an abortion; or
(2)Destroy an unborn child as defined in subdivision 22-1-2(50A); or
(3)Cause the death of any person by means of an assisted suicide, euthanasia, or mercy killing.
No such refusal to dispense medication pursuant to this section may be the basis for any claim for damages against the pharmacist or the pharmacy of the pharmacist or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist.
Source:
SL 1998, ch 226, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-71 - Central pharmacy, remote pharmacy, and telepharmacy practice defined.

36-11-71. Central pharmacy, remote pharmacy, and telepharmacy practice defined.
Terms as used in this section and §36-11-72 mean:
(1)"Central pharmacy," a pharmacy with one or more remote pharmacies in which all sites are connected via computer link, video link, and audio link. The central pharmacy may be retail or hospital-based;
(2)"Remote pharmacy," a pharmacy staffed by a registered pharmacy technician with access to a central pharmacy with a registered pharmacist by computer link, video link, and audio link while open;
(3)"Telepharmacy practice," the practice whereby a licensed pharmacist uses telecommunications technology to provide personalized, electronically documented, real-time pharmaceutical care to patients at a remote pharmacy, including prescription dispensing and counseling, and to oversee and supervise remote pharmacy operations.
Source:
SL 2007, ch 214, §1.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11 - Pharmacies And Pharmacists › Section 36-11-72 - Telepharmacy--Promulgation of rules.

36-11-72. Telepharmacy--Promulgation of rules.
The board shall promulgate rules pursuant to chapter 1-26 to provide for the regulation of telepharmacy in the state. The rules shall include:
(1)License requirements, including establishment of an annual license fee not to exceed two hundred fifty dollars;
(2)Minimum structural, security, and equipment requirements for the remote pharmacy;
(3)Minimum staffing requirements for the central pharmacy and remote pharmacy;
(4)Record keeping requirements for the central pharmacy and remote pharmacy;
(5)Establishment of policies and procedures for the daily operation of the remote pharmacy; and
(6)Use of automated dispensing machines.
Source:
SL 2007, ch 214, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-1.1 - Trading partner defined.

36-11A-1.1. Trading partner defined.
As used in this chapter, the term, trading partner, means:
(1)A manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct ownership of a product; or
(2)A third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct possession of a product.
Source:
SL 2017, ch 174, §2.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-1.3 - Transaction information defined.

36-11A-1.3. Transaction information defined.
As used in this chapter, the term, transaction information, means the proprietary or established name or names of the product, the strength and dosage form of the product, the national drug code number of the product, the container size, the number of containers, the lot number of the product, the transaction date, the shipment date, if more than twenty-four hours after the transaction date, the business name and address of the transferring person, and the business name and address of the transferee person.
Source:
SL 2017, ch 174, §4.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-1.4 - Transaction statement defined.

36-11A-1.4. Transaction statement defined.
As used in this chapter, the term, transaction statement, means a statement, in paper or electronic form, that the entity transferring ownership in a transaction:
(1)Is authorized under federal law;
(2)Received the product from a person who is authorized as required under federal law;
(3)Received the transaction information and transaction statement from the prior owner of the product, as required by federal law;
(4)Did not knowingly ship a suspect or illegitimate product;
(5)Had systems and processes in place to comply with verification requirements outlined in federal law;
(6)Did not knowingly provide false transaction information; and
(7)Did not knowingly alter the transaction history.
Source:
SL 2017, ch 174, §5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-2 - Distribution defined.

36-11A-2. Distribution defined.
As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product. The term does not include:
(1)Intracompany sales between any division, subsidiary, parent or otherwise affiliated or related company under the common ownership and control of a corporate entity;
(2)The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;
(3)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in §501(c)(3) of the Internal Revenue Code of 1954, as amended through December 18, 2015, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
(4)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control;
(5)The sale, purchase or trade of a drug, or an offer to sell, purchase or trade a drug, for emergency medical reasons;
(6)The sale, purchase or trade of a drug, an offer to sell, purchase or trade a drug, or the dispensing of a drug pursuant to a prescription;
(7)The transfer of drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;
(8)The distribution of drug samples by manufacturers' representatives or distributors' representatives;
(9)The sale, purchase, or trade of blood and blood components intended for transfusion;
(10)The sale, purchase, or trade of a drug to an individual under any form of insurance or an employee medical benefit program pursuant to a prescription; or
(11)The logistics and warehouse services provided by a third-party logistics provider.
Source:
SL 1991, ch 307, §2; SL 2017, ch 174, §7.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-4 - Pharmacy distributor defined.

36-11A-4. Pharmacy distributor defined.
A pharmacy distributor is any pharmacy or hospital pharmacy that is engaged in the delivery or distribution of prescription drugs either to another pharmacy or to another person or entity, including to a wholesale drug distributor that is engaged in the delivery or distribution of prescription drugs and that is involved in the actual, constructive, or attempted transfer of a drug in this state to other than the ultimate consumer, if the financial value of the drugs so delivered or distributed is equivalent to at least five percent of the total gross sales of the pharmacy.
Source:
SL 1991, ch 307, §4; SL 2021, ch 175, § 5.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-4.1 - License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.

36-11A-4.1. License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.
Each wholesale distributor and outsourcing facility located within or outside of the state that provides services to outlets within the state, shall be licensed annually by the board. Each third-party logistics provider located in this state shall be licensed by the board.
Source:
SL 2017, ch 174, §6.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-4.2 - Prior registration and inspection by FDA required for certain outsourcing facilities.

36-11A-4.2. Prior registration and inspection by FDA required for certain outsourcing facilities.
No outsourcing facility engaged in compounding of nonpatient specific sterile and nonsterile drugs may become licensed by the board without first obtaining a registration and inspection by the United States Food and Drug Administration, and paying the license fee set by the board in rules promulgated pursuant to chapter 1-26. The fee may not exceed two hundred dollars.
Source:
SL 2017, ch 174, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-5 - Purchase of drug from other source restricted--Penalty.

36-11A-5. Purchase of drug from other source restricted--Penalty.
No person, other than a consumer or patient, may knowingly purchase or receive a prescription drug from any source other than a drug distributor or pharmacy licensed by the board under this chapter or chapter 36-11, as applicable.
Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.
Source:
SL 1991, ch 307, §§5, 20; SL 2017, ch 174, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-6 - Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.

36-11A-6. Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.
No person may sell, purchase, or trade a prescription drug sample or offer to sell, purchase, or trade a drug sample or a drug coupon. No person may counterfeit such a coupon. No person may distribute drug samples except as provided in §503(d) of the Federal Food, Drug and Cosmetic Act, as amended through January 1, 1991.
Any person who violates this section is guilty of a Class 1 misdemeanor for the first conviction and a Class 6 felony for any subsequent conviction.
Source:
SL 1991, ch 307, §§6, 20.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-7 - Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.

36-11A-7. Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.
No person or distribution outlet may engage in the wholesale distribution of prescription drugs in this state unless that person or outlet is licensed by the board as a drug distributor in accordance with the minimum standards, conditions and terms set forth in this chapter and in rules adopted pursuant to chapter 1-26.
An agent or employee of a licensed drug distributor need not seek licensure under this chapter and may lawfully possess prescription drugs when the agent or employee is acting in the usual course of business or employment.
Any person who violates this section is guilty of a Class 6 felony.
Source:
SL 1991, ch 307, §§7, 20; SL 2017, ch 174, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-8 - Application for license.

36-11A-8. Application for license.
An applicant for licensure as a wholesale distributor shall apply annually to the board on a form provided by the board. The application shall be accompanied by a license fee set by the board. The fee may not exceed two hundred fifty dollars. All financial statements or related information submitted by applicants shall be treated as confidential materials.
Source:
SL 1991, ch 307, §8.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-9 - Separate license required for each facility owned or operated by same business entity.

36-11A-9. Separate license required for each facility owned or operated by same business entity.
The board may require a separate license for each facility directly or indirectly owned or operated by the same business entity within this state or for a parent entity with divisions, subsidiaries, or affiliate companies within this state if operations are conducted at more than one location and joint ownership and control exists among all the entities.
Source:
SL 1991, ch 307, §9.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-10 - Temporary licenses.

36-11A-10. Temporary licenses.
The board may grant temporary licensure when a wholesale drug distributor first applies for a license to operate within this state. Temporary licenses remain valid until the board approves or denies the license or for ninety days, whichever occurs first.
Source:
SL 1991, ch 307, §10.
2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 11A - Wholesale Drug Distributors › Section 36-11A-11 - Out-of-state distributor--License--Application--Violation as felony.

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