reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:05 - Hearings › Section 44:58:05:01 - Conduct of hearings generally - Not in lieu of criminal prosecutions

Current through Register Vol. 51, page 10, July 15, 2024
Administrative hearings in contested cases shall be governed
				  by the act, this article, and SDCL chapter 1-26.
A hearing held for violation of this article is independent
				  of, and not in lieu of, criminal prosecutions or other proceedings under the
				  act or any other law of this state.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41,
					 1-26-27.
Administrative Procedures Act, SDCL chapter
					 1-26.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:06 - Modification of registration › Section 44:58:06:01 - Applications for modification of registration - Contents

Current through Register Vol. 51, page 10, July 15, 2024
A registrant may apply to modify a registration by submitting
				  a revised application and a letter of request to the secretary. The letter
				  shall contain all information required by §
									44:58:03:02.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:06 - Modification of registration › Section 44:58:06:02 - Events causing automatic suspension of registration

Current through Register Vol. 51, page 10, July 15, 2024
The registration of a person is automatically suspended if
				  the person fails to maintain the person's professional license, fails to
				  maintain DEA registration in South Dakota, discontinues professional practice
				  within South Dakota, or changes name or address without notifying the
				  secretary.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:06 - Modification of registration › Section 44:58:06:02.01 - Voluntary surrender and reinstatement of registration

Current through Register Vol. 51, page 10, July 15, 2024
A registrant may voluntarily surrender the registration to
				  prescribe controlled substances. If the surrender is made because the
				  registrant is incapacitated, retires, or moves out of South Dakota, the
				  registrant may apply for a new registration at any time.
If the surrender is due to alleged failure to comply with the
				  provisions of SDCL 34-20B or 22-42 or both, the following requirements
				  apply:
(1) The surrender shall be for
				a specific length of time;
(2) The
				surrender statement shall specify the schedule or schedules which are
				involved;
(3) The registrant may
				not reapply for Schedule IV prescribing privileges until at least one-half of
				the specified time has passed;
(4)
				The registrant may not reapply for Schedule III prescribing privileges until at
				least five-eighths of the specified time has passed;
(5) The registrant may not reapply for
				Schedule II prescribing privileges until at least three-fourths of the
				specified time has passed;
(6) All
				applicants for reinstatement must be approved by the secretary;
(7) The applicant for reinstatement must
				demonstrate, through written or oral examination, a knowledge of the
				pharmacology and law related to the controlled substances for which the
				applicant is requesting prescribing privileges. The examination shall be
				prepared and given by at least three and no more than five health care
				professionals knowledgeable in the areas to be tested; and
(8) The final decision for reinstatement
				rests with the secretary.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:06 - Modification of registration › Section 44:58:06:03 - Secretary's consent required to transfer registration

Current through Register Vol. 51, page 10, July 15, 2024
A registration may not be transferred without written consent
				  of the secretary. The method of transferring any existing stock of controlled
				  substances must be indicated in a letter accompanying the
				  certificate.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:07 - Records, reports, and inventories › Section 44:58:07:03 - Inventory requirements

Current through Register Vol. 51, page 10, July 15, 2024
Upon registration, a registrant shall make a written, typed,
				  or printed inventory of all stocks of controlled substances. After the initial
				  inventory is taken, the registrant shall take a new inventory of all stocks of
				  controlled substances on hand at least every two years. The biennial inventory
				  may be taken on any date which is within two years of the previous inventory
				  date. The inventory shall contain the following:
(1) An exact count or measure of all Schedule
				I and II substances;
(2) An
				estimated count or measure of all Schedule III or IV substances; if a container
				holds more than 1,000 doses, the registrant shall make an accurate count;
				and
(3) The date, time of day
				(opening or closing of business), signature of the person taking the inventory,
				and signature of the registrant if not the same individual.
Substances which are added to the list of controlled
				  substances shall be inventoried on the date when the control takes effect and
				  thereafter with the biennial inventory.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-39,
					 34-20B-40.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:07 - Records, reports, and inventories › Section 44:58:07:04 - Acquisition, dispensing, and distribution records

Current through Register Vol. 51, page 10, July 15, 2024
A dispenser shall maintain the records required to acquire,
				  distribute, or dispense controlled substances in a readily retrievable manner.
				  The following minimum standards shall be met:
(1) Acquisition of Schedule I and II
				substances will be verified through official order forms of the DEA;
(2) Acquisition of Schedule III and IV
				substances will be verified through invoices or other records;
(3) Dispensing of all controlled substances
				will be verified through prescriptions or other chronological records as
				follows:
(a) The records shall include the
				name and address of the patient (or species and name and address of the owner
				if the patient is an animal), the date, the controlled substance and dose, the
				quantity dispensed, and the name, address, and DEA number of the
				prescriber;
(b) A separate file
				shall be maintained for dispensed substances listed in Schedule II;
(c) Schedule III and IV records may be
				maintained in a separate file or marked with a red "C" at least one inch high
				and filed with the prescriptions for noncontrolled drugs. If the pharmacy uses
				an automated data processing system or electronic record keeping system for
				prescriptions which permits identification by prescription number and retrieval
				of original documents by prescriber's name, patient's name, controlled
				substance dispensed, and date filled, then the requirement to mark the hard
				copy prescription with a red "C" is waived; and
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:07 - Records, reports, and inventories › Section 44:58:07:05 - Theft reports

Current through Register Vol. 51, page 10, July 15, 2024
A registrant shall notify the division of the theft or loss
				  of a controlled substance within 48 hours. The report shall include the names
				  and quantities of drugs and the circumstances involved in the theft or
				  loss.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-39,
					 34-20B-40,
					 34-20B-44,
					 34-20B-48.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:07 - Records, reports, and inventories › Section 44:58:07:09 - Emergency supplies of controlled substances in long term care facilities

Current through Register Vol. 51, page 10, July 15, 2024
Emergency supplies of controlled substances may be kept in
				  long term care facilities under the following circumstances:
(1) The pharmacist supplying the controlled
				substances retains ownership and responsibility for the controlled substances,
				including a monthly physical inventory;
(2) The controlled substances are stored in a
				manner that allows only those individuals authorized to administer the
				controlled substance access to them;
(3) The controlled substances are stored in a
				sealed emergency box or in a separate locked cabinet, with a complete and
				accurate record kept of the controlled substances in the box or cabinet and
				their disposition;
(4) The facility
				notifies the pharmacist within 36 hours after the withdrawal of a Schedule II
				controlled substance and within 72 hours after the withdrawal of a Schedule III
				or IV controlled substance and the pharmacist replaces the controlled substance
				within 72 hours after notification; and
(5) No more than five different controlled
				substances are stored in the emergency box, which may contain no more than six
				doses of any Schedule II controlled substance, no more than six doses of any
				Schedule III or IV injectable controlled substance, and no more than 12 doses
				of any oral Schedule III or IV controlled substance.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:03 - Prescription prohibited for general dispensing supply

Current through Register Vol. 51, page 10, July 15, 2024
A prescription may not be issued by an individual
				  practitioner to obtain controlled substances for general dispensing to
				  patients.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:04 - Prescription prohibited for continuing dependence on drug

Current through Register Vol. 51, page 10, July 15, 2024
A prescription may not be issued for a controlled substance
				  nor may a controlled substance be dispensed or administered to a drug dependent
				  person for the purpose of continuing the person's dependency.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:05 - Manner of issuance of prescriptions

Current through Register Vol. 51, page 10, July 15, 2024
No practitioner may issue a prescription for a controlled
				  substance for the practitioner's use. Prescriptions for controlled substances
				  must be dated and signed on the day when issued and must bear the full name and
				  address of the patient; the drug name, strength, dosage form, quantity
				  prescribed, and directions for use; and the name, address, and registration
				  number of the practitioner. A practitioner shall sign a prescription in the
				  same manner as the practitioner would sign a legal document. If an oral order
				  is not permitted, prescriptions must be written with ink, indelible pencil, or
				  typewriter and must be manually signed by the practitioner. The prescriptions
				  may be prepared by a secretary or agent for the signature of a practitioner,
				  but the prescribing practitioner is responsible if the prescription does not
				  conform in all essential respects to the law and this article. A liability
				  rests upon the pharmacist who fills a prescription not prepared in the form
				  prescribed in this article. Prescriptions for Schedule III and IV controlled
				  substances may be transmitted directly from the individual practitioner to the
				  pharmacy by facsimile equipment.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:09.01 - Dispensing controlled substances for maintenance purposes

Current through Register Vol. 51, page 10, July 15, 2024
The administering or dispensing directly of a controlled
				  substance listed in any schedule to a drug dependent person for the purpose of
				  controlled withdrawal while in treatment in a drug treatment or rehabilitation
				  program must be within the meaning of the term, "in the course of professional
				  practice or research".
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:11.01 - Direct administering or dispensing of controlled substances

Current through Register Vol. 51, page 10, July 15, 2024
An individual practitioner, in the course of professional
				  practice only, may directly administer or dispense a controlled substance
				  without a prescription to other persons. An individual practitioner or
				  institutional practitioner may not order a controlled substance for direct
				  administration or dispense a controlled substance, including any controlled
				  substance sample, for the practitioner's use.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-30,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:13 - Requirements for oral authorization of Schedule II substances in emergencies

Current through Register Vol. 51, page 10, July 15, 2024
In an emergency situation, as defined in SDCL
				  22-42-2.2, a pharmacist may
				  dispense a controlled substance listed in Schedule II upon receiving oral
				  authorization of an individual practitioner, if:
(1) The quantity prescribed and dispensed is
				limited to the amount adequate to treat the patient during the emergency
				period;
(2) The prescription is
				immediately reduced to writing by the pharmacist and contains all information
				required in §
									44:58:08:05 except for the
				signature of the prescribing individual practitioner;
(3) The practitioner is not known to the
				pharmacist, the pharmacist must make a reasonable effort to determine that the
				oral authorization came from a registered individual practitioner by returning
				the prescriber's call using the phone number listed in the telephone directory
				or through other good faith efforts to assure the practitioner's identity;
				and
(4) Within seven days after
				authorizing an emergency oral prescription the individual practitioner shall
				supply the pharmacy with a written prescription for the emergency quantity
				prescribed. In addition to conforming to the requirements of §
									44:58:08:05, the prescription
				shall have written on its face "Authorization for Emergency Dispensing," and
				the date of the oral order. Upon receipt, the dispensing pharmacist shall
				attach this prescription to the oral emergency prescription which had earlier
				been reduced to writing. If the emergency prescription is sent by mail, the
				carrier envelope must be postmarked within the seven days. The pharmacist shall
				notify the department if the prescribing practitioner fails to deliver a
				written prescription within seven days. Failure to notify the department voids
				the authority to dispense the controlled substance without a written
				prescription.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-2.1,
					 22-42-2.2.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:17 - Refilling of Schedule III and IV prescriptions - Computerized information system authorized

Current through Register Vol. 51, page 10, July 15, 2024
A prescription for a Schedule III or IV drug or substance may
				  be refilled up to five times within a six-month period if the refills are
				  authorized by the practitioner on the original prescription. Each refill
				  dispensed shall be entered on the prescription or on a patient medication
				  record which indicates the date, quantity dispensed, and initials or name of
				  the dispensing pharmacist. If the pharmacist merely initials and dates the
				  prescription, the pharmacist is assumed to have dispensed a refill for the full
				  face amount of the prescription. Additional quantities of controlled substances
				  listed in Schedule III or IV may only be authorized by a practitioner through
				  issuance of a new prescription.
As an alternative to the record procedures required by this
				  section, an automated data processing system that complies with chapter
				  20:51:20 may be used for the storage and retrieval of refill information for
				  prescription orders for controlled substances in Schedules III and
				  IV.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-4.1,
					 22-42-4.2,
					 34-20B-41.
Computer pharmacy, ch
					 20:51:20.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:17.01 - Refilling of Schedule II prescriptions prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No prescription for a Schedule II drug or substance may be
				  refilled.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-2.1,
					 22-42-2.2,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:18 - Partial filling of prescriptions for Schedule II substances

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may partially fill a prescription for a
				  controlled substance listed in Schedule II, if unable to supply the full
				  quantity called for in a written or emergency oral prescription, and a notation
				  of the quantity supplied is made on the face of the prescription. The remaining
				  portion of the prescription may be filled within 72 hours of the partial
				  filling; however, if the remaining portion is not filled within the 72-hour
				  period, the pharmacist shall notify the practitioner. No further quantity may
				  be supplied beyond 72 hours without a new prescription.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-2.1,
					 22-42-2.2,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:18.01 - Partial filling of prescriptions for Schedule II substances for nursing facility or terminally ill patients

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the provisions of §
									44:58:08:18, a pharmacist may
				  partially fill a prescription for a substance listed in Schedule II written for
				  a patient in a nursing facility or for a patient with a medical diagnosis
				  documenting a terminal illness. The pharmacist shall record on the prescription
				  whether the patient is "terminally ill" or a "nursing facility patient." For
				  each partial filling, the pharmacist shall record on the back of the
				  prescription the date of the partial filling, the quantity dispensed, the
				  remaining quantity authorized to be dispensed, and the identification of the
				  dispensing pharmacist. Before any subsequent partial filling the pharmacist
				  shall determine that the additional partial filling is necessary. The total
				  quantity of the Schedule II controlled substance dispensed in all partial
				  fillings may not exceed the total quantity prescribed. The prescription is
				  valid for not more than 60 days from the date of issue unless it is terminated
				  sooner by the discontinuance of medication.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-2.1,
					 22-42-2.2,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:18.02 - Computerized system authorized for Schedule II prescription information for nursing facility or terminally ill patients

Current through Register Vol. 51, page 10, July 15, 2024
Information pertaining to current Schedule II prescriptions
				  for patients in a nursing facility or for patients with a medical diagnosis
				  documenting a terminal illness may be maintained in an automated data
				  processing system if the system has the capability to permit the
				  following:
(1) Output, either display
				or printout, of the original prescription, number, date of issue,
				identification of the prescribing individual practitioner, identification of
				the patient, address of the nursing facility or hospital or the residence of
				the patient, identification of medication authorized (including dosage, form,
				strength, and quantity), a list of the partial fillings that have been
				dispensed under each prescription, and the information required in §
									44:58:08:18.01;
(2) Immediate updating of the prescription
				record each time a partial filling of the prescription is made; and
(3) Retrieval of partially filled Schedule II
				prescription information as required by chapter 20:51:20.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
Computer pharmacy, ch
					 20:51:20.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:18.03 - Facsimile transmission of Schedule II prescriptions

Current through Register Vol. 51, page 10, July 15, 2024
A written prescription for a Schedule II controlled substance
				  may be transmitted from the individual prescribing practitioner to a pharmacy
				  by facsimile equipment, if the original written, signed prescription is
				  presented to the pharmacist for review prior to the actual dispensing of the
				  controlled substance. The original prescription must be maintained as required
				  in §
									44:58:07:04.
Schedule II controlled substance prescriptions intended for
				  direct administration to a patient by parenteral, intravenous, subcutaneous, or
				  intraspinal infusion may be transmitted by facsimile. The facsimile
				  prescription serves as the original prescription and shall be maintained as
				  required in §
									44:58:07:04. Schedule II
				  controlled substance prescriptions for residents of long-term care facilities
				  or patients residing in a Medicare certified hospice may be transmitted
				  directly from the prescribing practitioner to the pharmacy by facsimile
				  equipment. The facsimile prescription serves as the original prescription and
				  must be maintained as required in §
									44:58:07:04. The facsimile
				  prescription must be marked on the face with the notation "long term care
				  resident" or "hospice patient."
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:20 - Labeling of prescriptions for controlled substances

Current through Register Vol. 51, page 10, July 15, 2024
The pharmacist filling any prescription for a controlled
				  substance listed in Schedules II, III or IV shall attach to the container a
				  label showing the date, the pharmacy name and address, the serial number of the
				  prescription, the name of the patient, the name of the prescribing
				  practitioner, directions for use and cautionary statements contained in the
				  prescription or required by law. Controlled substances dispensed by an
				  individual practitioner must be labeled with the name of the patient, the name
				  of the practitioner, directions for use, the date, and any required cautionary
				  statements.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:08 - Prescriptions › Section 44:58:08:23 - Dispensing placebo drugs

Current through Register Vol. 51, page 10, July 15, 2024
The dispensing or prescribing of placebo or look-alike drugs
				  by an individual practitioner is within the meaning of the term "in the course
				  of professional practice or research".
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 22-42-16,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:09 - Administrative procedures › Section 44:58:09:01 - Permission to make inspections required of licensees

Current through Register Vol. 51, page 10, July 15, 2024
As a privilege of receiving a registration under the act,
				  each applicant must permit the secretary to enter controlled premises during
				  regular business hours and conduct administrative inspections for the purposes
				  of:
(1) Inspecting, copying, and
				verifying the records required to be kept under the act and this
				article;
(2) Inspecting all
				equipment, controlled substances, containers, and labeling found at the
				controlled premises relating to the act;
(3) Making a physical inventory of all
				controlled substances on hand at the premises;
(4) Collecting samples of controlled
				substances or precursors. If any samples are collected during an inspection,
				the inspector shall issue a receipt for the samples;
(5) Checking records and information on
				distribution of controlled substances as they relate to total distribution;
				and
(6) Except as provided in
				§
									44:58:09:02, checking all other
				things appropriate for verification of the record referred to above or
				otherwise bearing on the act and this article.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-39,
					 34-20B-40.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:09 - Administrative procedures › Section 44:58:09:02 - Financial data excluded from inspection

Current through Register Vol. 51, page 10, July 15, 2024
Unless the owner, operator, or agent in charge of the
				  controlled premises consents in writing, an inspection authorized by §
									44:58:09:01 may not extend to
				  financial, sales, or pricing data.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-40,
					 34-20B-44.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:09 - Administrative procedures › Section 44:58:09:03 - Inspection requirements

Current through Register Vol. 51, page 10, July 15, 2024
A representative of the secretary, upon stating the purpose
				  of the inspection and presenting credentials and written notice of inspection,
				  may enter the premises and conduct inspections. Violation of the consent
				  agreement is grounds for automatic revocation of any registration issued under
				  the act.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-40,
					 34-20B-44.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:09 - Administrative procedures › Section 44:58:09:04 - Required contents of notice of inspection

Current through Register Vol. 51, page 10, July 15, 2024
The notice of inspection shall contain:
(1) The name and title of the owner,
				operator, or agent in charge of the controlled premises;
(2) The name of the controlled
				premises;
(3) The address of the
				controlled premises;
(4) The date
				and time;
(5) A statement that a
				notice of inspection is given; and
(6) The signature of the inspector.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-40,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:10 - Security requirements › Section 44:58:10:01 - Security requirements of registrants

Current through Register Vol. 51, page 10, July 15, 2024
Controlled substances shall be stored in a securely locked,
				  substantially constructed cabinet. However, substances listed in Schedules II
				  through IV may be dispersed through the stock of noncontrolled substances in a
				  manner to obstruct theft or diversion.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:13 - Exempted Schedule III substances › Section 44:58:13:01 - Exempted Schedule III substances

Current through Register Vol. 51, page 10, July 15, 2024
The following combinations of medicinal ingredients and
				  Schedule III substances are exempt from control under the act or this
				  article:
(1) Analgesic agents which
				are not controlled substances, combined with a barbiturate;
(2) Antiangina agents, combined with a
				barbiturate or meprobamate;
(3)
				Anticholinerigic agents, combined with a barbiturate, a benzodiazepine, or
				meprobamate;
(4) Antiasthmatic
				agents, combined with a barbiturate;
(5) Hormone replacement agents, combined with
				a benzodiazepine or meprobamate;
(6) Anabolic steroid and estrogen
				combinations; and
(7) Products that
				contain ephedrine in quantities at or less than:
(a) 25 milligrams in combination with 400
				milligrams of quaifenesin, packaged in blister packs of not more than two
				tablets per blister; and
(b) Five
				percent by weight in an anorectal preparation in combination with other active
				medicinal ingredients.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 1-49-3,
					 34-1-16.1.
Law Implemented:
SDCL
					 1-49-3,
					 34-1-16.1,
					 34A-3A-16.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:04 - Method for determining test fees

Current through Register Vol. 51, page 10, July 15, 2024
The department shall calculate the fees for tests conducted
				  in the state health laboratory based on the cost of performing the
				  tests.
The fee may not exceed the cost incurred for performing the
				  test or service, including laboratory operation, equipment, and maintenance.
				  Fees to cover the cost of testing requested as part of an emergency
				  investigation of an outbreak or special study, or expedited testing, shall be
				  communicated with the submitter prior to acceptance of specimens or samples for
				  testing.
General Authority:
SDCL
					 1-49-3.
Law Implemented:
SDCL
					 1-49-3.
State of South Dakota Chart of
					 Accounts.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:05 - Expert witness fee

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health shall assess a uniform expert
				  witness fee for each court appearance by laboratory personnel or for failing to
				  give 24 hours prior notice of any court cancellation. The fee may not exceed
				  the cost incurred by the department to provide the service, including staff
				  time and preparation. The fee shall be assessed in instances where there is a
				  failure to give the required 24 hour notice of any court
				  cancellation.
General Authority:
SDCL
					 1-49-3.
Law Implemented:
SDCL
					 1-49-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:06 - On-site laboratory certification fee

Current through Register Vol. 51, page 10, July 15, 2024
For laboratory certifications that require on-site
				  inspection, the department shall assess the laboratory inspected a fee based on
				  the actual cost of travel time, per diem expenses, document review, and time
				  spent in the laboratory.
The fee The fee may not exceed the cost incurred for
				  performing the certification.
General Authority:
SDCL
					 1-49-3.
Law Implemented:
SDCL
					 1-49-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:07 - Off-site laboratory certification fee

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health shall charge a fee for laboratory
				  certifications that do not require on-site inspection based on the time spent
				  reviewing pertinent documents and applications.
The fee The fee may not exceed the cost incurred for
				  performing the certification.
General Authority:
SDCL
					 1-49-3.
Law Implemented:
SDCL
					 1-49-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:59 - Health laboratory › Chapter 44:59:01 - Health laboratory fees › Section 44:59:01:08 - Training fee

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health shall charge a fee for training
				  conducted by health laboratory personnel. Training fees are based on the cost
				  of time spent by laboratory personnel to conduct the training, the cost of
				  supplies, and the cost of preventive maintenance.
The fee may not exceed the cost incurred for performing the
				  training.
General Authority:
SDCL
					 1-49-3.
Law Implemented:
SDCL
					 1-49-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:62 - Declaratory rulings › Chapter 44:62:01 - Petition for declaratory ruling › Section 44:62:01:01 - Form of petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person may request a ruling as to the applicability of a
				  statute or rule issued by the Department of Health by filing a written petition
				  in substantially the following form:
South Dakota Department of Health
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL
				  1-26-15, (name of petitioner),
				  (title or capacity of petitioner), (address of petitioner), does hereby
				  petition the South Dakota Department of Health to issue a declaratory ruling in
				  regard to the following:
1. The statute or rule in question is: (identify and quote
				  the pertinent statute or rule).
2. The facts and circumstances which give rise to the issue
				  to be answered by the department are:
3. The precise issue to be answered by the department is:
Dated at (city and state), this _______ day of ___________,
				  19____.
_______________________________
(Signature of petitioner)
General Authority:
SDCL
					 34-1-25.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:62 - Declaratory rulings › Chapter 44:62:01 - Petition for declaratory ruling › Section 44:62:01:02 - Department action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for declaratory ruling, the
				  Department of Health may request the petitioner to provide further information
				  before issuing a ruling. Within 60 days following the receipt of the petition
				  or following receipt of further information if requested, the department shall
				  issue its declaratory ruling and serve a copy by mail on the
				  petitioner.
General Authority:
SDCL
					 34-1-25.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:01 - General provisions › Section 44:63:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Application," a complete set of
				materials, as determined by the department per chapter 44:63:02, submitted by
				an employing facility on behalf of a J-l physician seeking waiver of the
				physician's J-l visa requirement to return to the physician's home country for
				a minimum of two years upon expiration of the visa;
(2) "Department," the Department of
				Health;
(3) "Employing facility," a
				facility located in or serving residents of a shortage area in South Dakota as
				determined by the department that has made a bona fide employment offer to a
				J-l physician, that has submitted a J-l visa waiver request in the form of an
				application to the department, and that is incorporated under the laws of the
				State of South Dakota;
(4) "Full
				time," an average of 40 hours of medical practice per week, meaning a four week
				minimum of 128 hours seeing patients on an ambulatory or in-patient basis and
				32 hours administrative work;
(5)
				"USCIS," U.S. Citizenship and Immigration Services, U.S. Department of Homeland
				Security;
(6) "J-l physician," a
				physician who is in possession of a temporary exchange visitor (J-l) visa to
				pursue graduate medical education in the United States, or possessed J-l status
				and remains subject to the 2-year home residence requirement, and is seeking a
				waiver of a J-l visa home country residency requirement through the practice of
				medicine to shortage area residents;
(7) "Secretary," secretary of the Department
				of Health;
(8) "Shortage area," a
				geographic area, population group, or facility in South Dakota that is
				designated by the federal government as a medically underserved area or health
				professional shortage area. The designation must be in effect at the time an
				application is received by the department;
(9) "Urban area location," any municipality
				having a population of 50,000 or more persons as well as any area within ten
				miles of the boundaries of the municipality.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:01 - Case number

Current through Register Vol. 51, page 10, July 15, 2024
The assigned U.S. Department of State case number shall
				  appear in the upper right hand corner of each document submitted as part of an
				  application.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:02 - Order of documents submitted

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall consist of documents submitted in the
				  following order:
(1) Data sheet
				DS-3035;
(2) Employment
				contract;
(3) J-l waiver
				affidavit;
(4) Federal forms
				(IAP-66//DS2019);
(5) Letter from
				facility;
(6) Evidence of shortage
				designation status;
(7) J-l
				physician statement;
(8) J-l
				physician curriculum vitae;
(9) Out
				of status explanation, when applicable;
(10) Form G28, when applicable;
(11) 1-94 entry and departure
				cards;
(12) Contractual obligation
				to home country;
(13) Appendix 1
				Information required from facility;
(14) Appendix 2 Examinations required by
				USCIS;
(15) Appendix 3 Eligibility
				to be licensed to practice; and
(16) Appendix 64 Medical licensure.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:03 - Letter from facility

Current through Register Vol. 51, page 10, July 15, 2024
A letter signed by the employing facility administrator shall
				  comprise part of the application. The letter shall request the department to
				  act as an interested governmental agency in recommending waiver of the home
				  country residency requirement for the named J-1 physician. The letter shall
				  also describe the employing facility, including organizational structure,
				  services offered, and service area.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:04 - Information required from facility

Current through Register Vol. 51, page 10, July 15, 2024
Every application shall include a series of statements, all
				  clearly labeled under separate headings describing the following:
(1) Recruitment efforts. The employing
				facility shall summarize and provide copies of advertisements, any agreements
				with placement services, and other evidence documenting the extent to which the
				employing facility has been unsuccessful in recruiting qualified U.S.
				physicians. In the absence of such evidence, a narrative which sets forth in
				convincing detail such unsuccessful recruitment efforts shall be
				included;
(2) Summary of J-1
				physician's expected practice arrangement. The employing facility shall
				describe:
(a) The J-1 physician's proposed
				responsibilities;
(b) How the J-1
				physician's employment will satisfy important unmet needs of the shortage area;
				and
(c) How the J-1 physician will
				satisfy his or her practice obligation in terms of practice location, practice
				hours, and responsibility for taking calls;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:05 - Data sheet DS-3035

Current through Register Vol. 51, page 10, July 15, 2024
A completed U.S. Department of State data sheet, DS-3035,
				  shall be included in the application.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:06 - J-1 waiver affidavit

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall include an affidavit signed by the J-1
				  physician. The department shall furnish each J-1 physician a copy of an
				  unsigned affidavit upon request by the employing facility.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:07 - Federal forms

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the IAP-66//DS2019 (certificate of eligibility for
				  exchange visitor J-1 status) for each year the J-1 physician was in J-1
				  status.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:08 - Eligibility to be licensed to practice

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the J-1 physician's South Dakota medical license or
				  proof of ability to be licensed in the state of South Dakota by the beginning
				  of the employment contract period shall be included in the
				  application.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:09 - J-1 physician curriculum vitae

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the J-1 physician's curriculum vitae shall be
				  included in the application.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:10 - Employment contract

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall include a complete copy of the
				  minimum three-year employment contract between the J-l physician and the
				  employing facility.
The J-l physician and the employing facility shall sign and
				  date the contract. The employment contract shall include the following:
(1) Name and address of the employing
				facility;
(2) Name and address of
				the J-l physician;
(3) The specific
				shortage area in which the J-l physician will practice;
(4) That the J-l physician will practice
				full-time;
(5) That the J-l
				physician will practice a minimum of 64 hours per four week period direct
				patient care within the shortage area identified in the contract;
(6) That the J-l physician may provide up to
				96 additional hours per four week period under any of the following conditions:
(a) Providing care to patients in either the
				hospital inpatient or outpatient department if the hospital is shown to serve a
				significant portion of shortage area residents;
(b) Clinical outreach to underserved
				populations residing in a shortage area, whether directly in person or by
				electronic means. If by electronic means, the remote site must be located
				within a shortage area. If provided in person, the setting must be located in a
				shortage area;
(c) Public health
				services if approved by the department; or
(d) Direct patient care in a facility or
				setting that serves the underserved, as evidenced by the posting of a notice of
				a discounted fee program as an adopted policy of the facility. The discounted
				fee program shall meet or exceed the following minimum standards: 100% of the
				federal poverty level (FPL) or less = 100% discount; 101% to 125% of the FPL,
				inclusive, = 80% discount; 126% to 150% of the FPL, inclusive, = 60% discount;
				151% to 175% of the FPL, inclusive, = 40% discount; and 176% to 200% of the
				FPL, inclusive, = 20% discount;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:63 - J-1 visa waiver program › Chapter 44:63:02 - Form and content of waiver applications › Section 44:63:02:11 - Contractual obligation to home country

Current through Register Vol. 51, page 10, July 15, 2024
Each application shall contain a statement, signed by the J-1
				  physician, as to whether the J-1 physician is contractually obligated to his or
				  her home country. If so obligated, a copy of a letter from the home country
				  stating it has no objection to the J-1 physician remaining in the U.S. shall be
				  attached to the statement.
General Authority:
SDCL
					 36-2-22.
Law Implemented:
SDCL
					 36-2-21,
					 36-2-22.