reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:01.01 - Goal and objectives of internship

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacy internship shall provide the pharmacy intern with
				  the opportunity, over a period of time, to attain and build upon the intern's
				  knowledge, skills, and ability to safely, efficiently, and effectively practice
				  pharmacy under the laws and rules of the state.
The objectives of an internship are to provide each intern
				  with the following responsibilities:
(1) To manage drug therapy to optimize
				patient outcomes.The pharmacy intern shall evaluate the patient and patient
				information to determine the presence of a disease or medical condition to
				determine the need for treatment or referral and to identify patient-specific
				factors that affect the patient's health to ensure the appropriateness of the
				patient's specific pharmacotherapeutic agents, dosing regimens, dosage forms,
				routes of administration, and delivery systems; and monitor the patient and
				patient information and manage the drug regimen to promote health and ensure
				safe and effective pharmacotherapy;
(2) To perform calculations required to
				compound, dispense, and administer medications; to select and dispense drugs
				and devices; and to prepare and compound extemporaneous preparations and
				sterile products;
(3) To assess,
				evaluate, and apply information to promote optimal healthcare and to educate
				patients and other healthcare professionals regarding prescription drugs,
				nonprescription drugs, and medical devices; and
(4) To develop a general understanding of the
				business procedures of a pharmacy and develop knowledge concerning the
				employment and supervision of pharmacy employees.
While performing these responsibilities, the pharmacy intern
				  shall adhere to the professional, legal, moral, and ethical standards relative
				  to the practice of pharmacy.
General Authority:
SDCL
					 36-11-10,
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:04 - Registration

Current through Register Vol. 51, page 10, July 15, 2024
The board shall grant a certificate as a pharmacy intern to
				  any person enrolled in a college of pharmacy professional program who has
				  completed one week of classes or has graduated from a college of pharmacy and
				  who desires to secure credit for practical pharmacy experience by applying on a
				  form provided by the board and accompanying the form with a fee of $40. The
				  board may not grant internship credit for experience obtained prior to the
				  individual's registration as a pharmacy intern.
General Authority:
SDCL
					 36-11-10,
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:04.01 - South Dakota State University College of Pharmacy practice experiences. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-10,
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:04.02 - Identification

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacy intern shall be designated as a pharmacy intern in
				  the intern's professional relationship and may not hold himself or herself out,
				  directly or by inference, as a pharmacist. The board shall issue to the
				  pharmacy intern a certificate for the purposes of identification and
				  verification of his or her role as a pharmacy intern.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:05 - Renewal of certificate

Current through Register Vol. 51, page 10, July 15, 2024
Each pharmacy intern shall apply for renewal of his or her
				  certificate before October 1 each year. A pharmacy intern who desires to
				  continue in the practice of pharmacy in South Dakota shall file with the board
				  an application in such form and containing such facts as the board may require
				  for renewal of the certificate. The board shall issue a certificate to the
				  applicant if the board finds that the applicant has continued his or her
				  pharmacy education in accordance with the rules of the board and is entitled to
				  continue in the practice of pharmacy.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:07 - Affidavit needed for each practical experience

Current through Register Vol. 51, page 10, July 15, 2024
Any pharmacy intern expecting to receive credit for practical
				  experience as a qualification for registration as a licentiate shall submit a
				  separate affidavit on a form provided by the board for each practical
				  experience. The affidavit must be submitted to the board before the beginning
				  of the practical experience; however, for good cause shown, the board may
				  accept the affidavit at a later date.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:08 - Report required at end of each practical experience

Current through Register Vol. 51, page 10, July 15, 2024
At the end of each practical experience, a registered intern
				  shall submit a report to the Board of Pharmacy on a form supplied by the board.
				  The form must be filed within five days after the ending of the experience;
				  however, for good cause shown, the Board of Pharmacy may accept the form at a
				  later date.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:10 - Practical experience defined

Current through Register Vol. 51, page 10, July 15, 2024
The term practical experience, as it relates to qualification
				  for licensure, means performing the practice of pharmacy as defined in SDCL
				  36-11-2.2 and the functions
				  authorized to registered pharmacists in SDCL
				  36-11-19.1, all of which must be
				  performed under the immediate and personal supervision of a registered
				  pharmacist. The Board of Pharmacy may not accept practical experience of more
				  than 48 hours a week or less than eight hours a week.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-11,
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:11 - Supervising pharmacist requirements

Current through Register Vol. 51, page 10, July 15, 2024
A registered pharmacist who agrees to supervise the practical
				  experience of a registered pharmacy intern shall certify this on a form
				  provided by the board and agree to abide by pharmacy law and rules. A
				  pharmacist must be readily available and in continuous communication with the
				  intern during all professional activities of the entire internship. Interns may
				  receive written or verbal prescriptions if the pharmacist reviews and makes the
				  necessary professional determinations about the medication order.
A pharmacist shall verify the accuracy of all information
				  entered into the computer by the intern. The identity of the pharmacist must be
				  included in the record.
The pharmacist shall inspect the prepared prescription and
				  verify the accuracy of the preparation, and its labeling, prior to dispensing
				  the prescription to the patient or the patient's
				  representative.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:11.01 - Number of interns

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may not supervise more than two pharmacy
				  interns at a time in the pharmacy. The pharmacy internsdoes not count for
				  purposes of the ratio of technicians supervised by the
				  pharmacist.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
Ratio. §
											20:51:29:19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:12.01 - Required hours

Current through Register Vol. 51, page 10, July 15, 2024
An internship must consist of a minimum of two thousand
				  hours, of which one thousand seven hundred forty hours may be a college-based
				  pharmacy practical experience program. The remaining two hundred sixty hours
				  must be acquired under the supervision of one or more preceptors in a
				  board-licensed pharmacy where the goal and objectives of a pharmacy internship,
				  as set forth in §
									20:51:02:01.01,
				  apply.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:13 - Internship experiences from other states

Current through Register Vol. 51, page 10, July 15, 2024
The board may give credit for practical experience obtained
				  in another state.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:13.01 - Foreign pharmacy graduate internship

Current through Register Vol. 51, page 10, July 15, 2024
A graduate of a foreign school of pharmacy who is a candidate
				  for licensure and who has met the requirements of §
									20:51:01:10 shall obtain a minimum
				  of one thousand five hundred internship hours in a licensed pharmacy or other
				  board-approved location before receiving a pharmacist
				  license.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-16,
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:14 - Credit given for military and research activities

Current through Register Vol. 51, page 10, July 15, 2024
The Board of Pharmacy may allow up to 400 hours of intern
				  credit for suitable military and research activities in the field of pharmacy
				  as part of the experience requirement.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:15 - Badge required

Current through Register Vol. 51, page 10, July 15, 2024
While on duty, a pharmacy intern registered under this
				  chapter must wear a badge identifying the intern as a pharmacy
				  intern.
General Authority:
SDCL
					 36-11-11,
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:16 - Denial of pharmacy intern registration

Current through Register Vol. 51, page 10, July 15, 2024
The board may deny an application for registration as a
				  pharmacy intern for any violation of state or federal statutes or pharmacy laws
				  or rules of any state.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:02 - Internship requirements › Section 20:51:02:17 - Sanctions. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11(1),
					 36-11-25.
Law Implemented:
SDCL
					 36-11-25.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:01 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An application to the board shall consist of the official
				  application for license transfer prepared by the National Association of Boards
				  of Pharmacy (NABP) pursuant to the NABP license transfer
				  program.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:02 - Qualifications for reciprocity

Current through Register Vol. 51, page 10, July 15, 2024
To qualify for reciprocal registration in South Dakota, an
				  applicant must:
(1) Be a registered
				pharmacist in the state from which the pharmacist is reciprocating;
(2) Be in good standing as a pharmacist in
				the state from which the pharmacist is reciprocating at the time of
				application;
(3) Have engaged in
				the practice of pharmacy for a period of at least one year or have met the
				pharmacy practice experience requirements of this state within the one-year
				period immediately prior to the date of application; and
(4) For any applicant who first became a
				licensed pharmacist after January 1, 1980, the applicant must have passed the
				North American Pharmacist Licensure Examination.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:03 - Reciprocity requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §
									20:51:04:02, an applicant for
				  reciprocity shall also meet the following requirements:
(1) The applicant may not have committed any
				act which may be construed by the board as a violation of state and federal
				laws, which might impair the discharge of the applicant's duties as a
				pharmacist; and
(2) The applicant
				must successfully complete the Multistate Pharmacy Jurisprudence Examination
				(MPJE), South Dakota edition. A total scaled score of not less than 75 is
				required to pass this examination.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:04 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall complete the official National Association
				  of Boards of Pharmacy (NABP) license transfer application with NABP at
				  NABP.pharmacy. Prior to approval of licensure, the board must receive the
				  following:
(1) A South Dakota
				reciprocating pharmacist application with a nonrefundable fee of one hundred
				fifty dollars;
(2) A nonrefundable
				initial pharmacist registration fee of thirty-five dollars; and
(3) A criminal background check.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-19.
Law Implemented:
SDCL
					 36-11-16.1,
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:05 - Appearance before board

Current through Register Vol. 51, page 10, July 15, 2024
Before a reciprocal registration is granted, the applicant
				  may be required to appear in person before the board for final consideration of
				  the reciprocal application. The secretary of the board shall notify the
				  applicant of the time and place of the required appearance.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:04 - Registration by reciprocity › Section 20:51:04:08 - Certificates of reciprocity identified by letter R

Current through Register Vol. 51, page 10, July 15, 2024
Certificates of registration granted by reciprocity will be
				  identified by the letter R next preceding the number of such
				  certificates.
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Controlled drug," a substance as defined
				in SDCL 36-11-2.1 that is controlled under
				the provisions of SDCL chapter 34-20B and is listed in SDCL
				34-20B-12 to
				34-20B-26, inclusive;
				and
(2) "Legend drug," a substance
				as defined in SDCL
				34-20B-28.1.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-20.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:14 - No advertising permitted on prescription blanks furnished to doctors. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:15 - Controlled drug to be dispensed only by prescription

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may not dispense a controlled drug unless the
				  controlled drug is dispensed pursuant to the prescription of a prescriber
				  licensed to prescribe controlled drugs. A pharmacist shall exercise sound
				  professional judgment with respect to the legitimacy of prescription orders. A
				  facsimile transmission of a Schedule II controlled drug prescription must
				  comply with the requirements of §
									44:58:08:18.03. A prescription
				  must be dated and signed on the date issued. The prescription must bear:
(1) The name and address of the
				patient;
(2) The controlled drug
				name, strength, dosage form, quantity prescribed, and directions for use;
				and
(3) The name, address, and
				registration number of the prescriber.
If an oral prescription for a Schedule II controlled drug is
				  not permitted, a prescription order must be written in ink, or typewritten, and
				  manually dated and signed by the prescriber or issued and signed electronically
				  where permissible by law. A prescription for a Schedule II controlled drug may
				  not be filled later than six months after the date of
				  issuance.
General Authority:
SDCL
					 36-11-11(1)(4).
Law Implemented:
SDCL
					 36-11-2.2.
Fascimile transmission of Schedule II prescriptions, §
											44:58:08:18.03.
Manner of issuance of prescriptions, §
											44:58:08:05.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:15.01 - Identification required for controlled drug prescription

Current through Register Vol. 51, page 10, July 15, 2024
Except for in-patients in a health care facility licensed
				  pursuant to SDCL chapter 34-12, the pharmacy must have a policy to verify the
				  identity of anyone attempting to purchase or pick up a prescription for a
				  controlled substance listed in SDCL chapter 34-20B. The pharmacy shall post a
				  notice to the public that states "No prescription for a controlled drug may be
				  sold without verification of purchaser identity per ARSD
				  20:51:05:15.01"
.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-68.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:16 - Prescription for Schedule II controlled drug requires date and signature of prescriber - Not refillable

Current through Register Vol. 51, page 10, July 15, 2024
No pharmacist may dispense a Schedule II controlled drug for
				  which a written prescription is required under federal or state law until a
				  prescription bearing the date of issue and the written signature of the
				  prescriber has been delivered to the pharmacy or issued and signed
				  electronically where permissible by law. No pharmacist may refill a Schedule II
				  controlled drug prescription.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:17 - Oral prescription permitted for Schedule II controlled drug in emergency

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may in an emergency as defined in SDCL
				  22-42-2.2 dispense a Schedule II
				  controlled drug prescription according to the procedure set out in §
									44:58:08:13.
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:18 - Partial filling of prescription for Schedule II controlled drug

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may partially fill a prescription for a Schedule
				  II controlled drug according to the procedures set forth in §§
									44:58:08:18 and
				  44:58:08:18. 01, C.F.R.
				  §§ 1306.12 and 1306.13 (January 24, 2024).
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-11.
Prescriptions, chapter
					 44:58:08.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:19 - Prescription required to dispense Schedule III or IV controlled drug - Refill restricted

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may not dispense a Schedule III or IV controlled
				  drug without a written, oral, or electronic prescription from a prescriber. The
				  prescription may be delivered to a pharmacist orally or by handwritten order,
				  facsimile, or electronic equipment, if permitted by law. A pharmacist or intern
				  shall promptly reduce an oral prescription to a written record filed or
				  electronically recorded in the same manner as though it was a written
				  prescription. The pharmacist may refill the prescription, if authorized on the
				  prescription, up to five times within six months after the date of issue. The
				  partial dispensing of refills may not exceed the total amount authorized on the
				  prescription. Each refill must be entered on the back of the prescription or
				  captured electronically and must indicate the quantity dispensed, the date
				  refilled, and the initials or name of the dispensing pharmacist. After six
				  months or the dispensing of all authorized refills, whichever comes first, a
				  new controlled drug prescription is required, either orally, in writing, or
				  electronically, if permitted by law, from the prescriber. Any prescription
				  renewed by the prescriber is considered a new and separate prescription, must
				  be assigned a new serial number, and is subject to the restrictions in this
				  section.
If a prescription software platform is used to maintain
				  patient files, the program must provide retrieval of original prescription
				  information for those prescription orders that are currently authorized for
				  refilling. The original hard copy, facsimile, or electronic prescription must
				  be stored at the pharmacy and maintained for two years from the last dispensing
				  date. The identity of the pharmacist dispensing a refill must be included in
				  the record.
A pharmacist may not fill an expired prescription for a
				  controlled drug prior to authorization from the prescriber.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-68.
Law Implemented:
SDCL
					 36-11-2.2,
					 36-11-20,
					 36-11-68.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:20 - Legend drug to be dispensed by prescription only - Refill restricted

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist may dispense a legend drug or medicine only
				  pursuant to the written, oral, or electronic prescription of a licensed
				  prescriber. A prescription may be delivered to a pharmacist by handwritten
				  order, facsimile, or electronic equipment, if permitted by law. A pharmacist or
				  intern shall reduce an oral prescription promptly to a written record filed or
				  electronically recorded in the same manner as a written prescription. A
				  noncontrolled legend drug prescription may not be refilled except as designated
				  in the original prescription or as subsequently authorized by the prescriber
				  and not after twelve months from the original issue date. Each refill must be
				  entered on the back of the original prescription or captured electronically and
				  must indicate the quantity dispensed, the date refilled, and the initials or
				  name of the dispensing pharmacist. If the prescriber is unable to be contacted
				  to authorize refills, the pharmacist may fill up to a thirty-day supply of a
				  noncontrolled legend drug, if in the professional judgement of the pharmacist,
				  the drug is necessary to maintain the patient's health.
If a prescription software program is used to maintain
				  patient files, the program must provide on-line retrieval of all original
				  prescription information for those prescription orders that are currently
				  authorized for refilling. The identity of the pharmacist refilling the
				  prescription must be included in the record. The original hard copy, facsimile,
				  or electronic version must be filed and retained for two years from the last
				  dispensing date. The prescription software program must contain daily back-up
				  functionality to protect against record loss and have the capability to print
				  the documentation of the record at the board's request.
A prescription renewed by the prescriber is a new and
				  separate prescription, must be assigned a new serial number, and is subject to
				  the same restrictions in this section.
General Authority:
SDCL
					 36-11-11(1),
					 36-11-68.
Law Implemented:
SDCL
					 36-11-2.2,
					 36-11-20,
					 36-11-68.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:21 - Labeling of prescription container for controlled or noncontrolled legend drug

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacist filling a prescription for a controlled or
				  noncontrolled legend drug shall attach to each container a label showing the
				  date, the name, address, and telephone number of the pharmacy; the serial
				  number of the prescription; the name of the prescriber; the name of the
				  patient; the directions for, and precautions, if any, when using the drug; the
				  name, strength, and quantity of the drug; the number of refills remaining; and
				  the initials of the dispensing pharmacist.
All drugs dispensed for a specific nursing facility patient,
				  including over-the-counter medications, are considered prescription medications
				  and must be labeled as required in §
									44:73:08:04.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-46.6.
Storage and labeling of medications and drugs, §
											44:73:08:04.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:22 - Distribution of drugs to prescribers or pharmacies

Current through Register Vol. 51, page 10, July 15, 2024
A registered pharmacy may distribute up to five percent of
				  its controlled drugs and legend drugs to a prescriber licensed to prescribe,
				  dispense, or distribute the drugs in the course of professional practice or to
				  other registered pharmacies, to meet temporary inventory shortages. The
				  distribution must be completed using invoices containing the:
(1) Name, address, and Drug Enforcement
				Administration number, if required, of both locations involved in the
				transaction;
(2) Drug name, dosage
				form, and strength;
(3) Quantity of
				each drug sold; and
(4) Date of
				sale.
The sale of Schedule II drugs must include a completed Drug
				  Enforcement Administration form 222. Copies of the invoices must be retained by
				  both locations involved in the transaction for a period of two years from the
				  date of the transaction.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 36-11-14,
					 36-11A-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:05 - Restricted professional practices › Section 20:51:05:23 - Distribution of dialysate by the manufacturer or manufacturer's agent to patient - Exemption from pharmacy licensure

Current through Register Vol. 51, page 10, July 15, 2024
A manufacturer or agent of a manufacturer of dialysate may
				  ship dialysate directly to a patient in this state, agent of the patient, or to
				  a health care practitioner or institution for administration or delivery of
				  dialysis therapy to a patient with chronic kidney failure without being
				  licensed as a pharmacy in this state if the following criteria have been
				  met:
(1) The manufacturer or
				manufacturer's agent shipping to the patient is licensed as a wholesaler or
				other drug distributor;
(2) The
				dialysate is stored and delivered in the original, sealed, and labeled
				packaging from the manufacturing facility.
Records for all sales and distribution of dialysate must be
				  retained and readily available for inspection for a period of two years from
				  the date of the transaction.
General Authority:
SDCL
					 36-11-11(1)(10).
Law Implemented:
SDCL
					 36-11-11(1)(10).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:01 - Application for pharmacy permit-Annual renewal required

Current through Register Vol. 51, page 10, July 15, 2024
A registered pharmacist actively conducting a pharmacy in the
				  state of South Dakota shall apply each year to the board for a permit to
				  conduct the pharmacy for the year ending June thirtieth on forms provided by
				  the board. The fee is two hundred dollars.
General Authority:
SDCL
					 36-11-11(3),
					 36-11-32.
Law Implemented:
SDCL
					 36-11-32,
					 36-11-35.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:02 - Ownership or control by pharmacist required

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacy permit may not be issued to any pharmacist
				  applicant unless the applicant is the owner, or part owner, of the place of
				  business for which a pharmacy registration is applied for, or unless
				  application is made jointly with a registered pharmacist. If the owner of the
				  place of business for which a pharmacy registration is applied for is not a
				  pharmacist, the owner must sign an affidavit, on a form prescribed by the
				  board, delegating full and complete authority to the pharmacist-in-charge for
				  active management of the pharmaceutical services in the place of
				  business.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-32,
					 36-11-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:02.01 - Pharmacist-in-charge - Defined, duties

Current through Register Vol. 51, page 10, July 15, 2024
An application for a permit to conduct a pharmacy as
				  specified in §
									20:51:06:02 must indicate the
				  pharmacist-in-charge. For purposes of this section, the term
				  "pharmacist-in-charge," means a pharmacist manager or pharmacist permittee
				  licensed in this state who has been designated by the pharmacy owner.
The pharmacist-in-charge must:
(1) Be employed or under contract for
				pharmacy services at the pharmacy;
(2) Establish policy and procedure for the
				pharmacy;
(3) Supervise all
				pharmacy employees;
(4) Establish
				recordkeeping systems for the purchase, safekeeping, storage, compounding,
				sale, and return of drugs; and
(5)
				Establish, implement, and document an ongoing quality assurance program in
				order to maintain and improve facilities, equipment, personnel performance, and
				the provision of patient care.
The pharmacist-in-charge shall notify the board immediately
				  upon termination of employment. A new pharmacist-in-charge must be designated
				  by the pharmacy owner within ten working days after the termination
				  date.
General Authority:
SDCL
					 36-11-11(1)(3).
Law Implemented:
SDCL
					 36-11-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:03 - Application for opening a new pharmacy

Current through Register Vol. 51, page 10, July 15, 2024
An application for an initial pharmacy permit in South Dakota
				  must be filed with the board at least thirty days before the pharmacy's opening
				  date. The board may inspect the pharmacy prior to the opening date.
If the proposed new pharmacy is to include a prescription
				  department, the space registered as a pharmacy must be separated from the
				  remainder of the building in which it is located by walls that extend from the
				  floor to a permanent ceiling. The walls may contain doors to the interior of
				  the building. The doors must be closed and locked whenever a registered
				  pharmacist is not on duty, physically present in the building, and in charge of
				  the pharmacy.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-32.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:04 - False application grounds for suspending or revoking

Current through Register Vol. 51, page 10, July 15, 2024
False representation made in an application for a permit to
				  conduct a pharmacy, or keeping a pharmacy open for the transaction of business
				  without a pharmacist on duty, physically present in the building, and in charge
				  of the pharmacy, except as provided in §
									20:51:06:10, are grounds for
				  suspension of revocation of the pharmacy permit.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-44,
					 36-11-48.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:05 - Must be registered in order to advertise pharmacy name. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-31.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:06 - Transfer of pharmacy registration. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-37.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:07 - Changes in ownership or location reported to the board-Patients notified of closure of pharmacy

Current through Register Vol. 51, page 10, July 15, 2024
A change in the location, ownership, or name of a pharmacy,
				  or the closure of business as a pharmacy, must be reported to the board at
				  least ten days prior to the change or closure. The pharmacist permittee is
				  responsible for reporting changes to the board. If a pharmacy permanently
				  closes, patients must be notified thirty days prior to
				  closure.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-39.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:08 - Valid permit must be displayed

Current through Register Vol. 51, page 10, July 15, 2024
A valid permit to conduct a pharmacy shall be displayed in
				  every pharmacy in this state at all times.
General Authority:
SDCL
					 36-11-11.
Law Implemented:
SDCL
					 36-11-36.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:09 - Permit expires one hundred twenty days after death of pharmacist

Current through Register Vol. 51, page 10, July 15, 2024
Except in the event of the death of the pharmacist permittee,
				  a permit to conduct a pharmacy is void when the holder of the permit ceases to
				  be in active management of the pharmacy. When a pharmacist permittee dies, the
				  pharmacy may not be kept open for business without a pharmacist on duty and in
				  charge. A permit to conduct a pharmacy in the name of a deceased pharmacist
				  becomes void unless transfer of the permit has been made within the one hundred
				  twenty-day period to a pharmacist owner or to an employee pharmacist manager
				  for whom an affidavit has been filed by a nonpharmacist owner or owners of the
				  pharmacy.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-38.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:10 - Provisions for pharmacist temporary absence from pharmacy

Current through Register Vol. 51, page 10, July 15, 2024
Where the registered pharmacy includes a prescription
				  department and a general merchandise area, it is not a violation of SDCL
				  chapter 36-11 or §
									20:51:06:04 if public entrances to
				  the general merchandise area are kept open for business without a pharmacist on
				  duty in the pharmacy, provided all entrances to the prescription department are
				  closed for the transaction of business and a sign bearing the words "pharmacy
				  services closed" has been posted by the pharmacist permittee before leaving the
				  premises. The prescription department must include sufficient security measures
				  to protect the department from theft or access by unauthorized personnel. The
				  prescription department must be secured by a continuous partition or wall,
				  extending from the floor to the permanent ceiling, with doors capable of being
				  securely locked to isolate the prescription department.
If the prescription department lacks the barrier and is
				  closed, the entire business must be closed, locked, and secured to protect the
				  area from theft or access by unauthorized personnel.
General Authority:
SDCL
					 36-11-11(3).
Law Implemented:
SDCL
					 36-11-40.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:11 - Pharmacy requirements for nonpharmacist owners. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11(4).
Law Implemented:
SDCL
					 36-11-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:06 - Pharmacy practice and registration › Section 20:51:06:12 - Pharmacy requirements for pharmacist owners. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-11-11(4).
Law Implemented:
SDCL
					 36-11-34.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:07 - Minimum equipment requirements › Section 20:51:07:01 - Pharmacy must comply with all public health regulations

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacy must comply with all public health regulations
				  regarding sanitation and is subject to board inspections. The pharmacy must be
				  maintained and operated in a clean and sanitary condition, free from
				  unhealthful, foreign, or injurious contamination.
General Authority:
SDCL
					 36-11-11(2).
Law Implemented:
SDCL
					 36-11-42,
					 36-11-64.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:07 - Minimum equipment requirements › Section 20:51:07:03 - Minimum equipment requirements

Current through Register Vol. 51, page 10, July 15, 2024
A pharmacy permittee must make available and maintain all
				  equipment needed to provide pharmacy services for the location, as determined
				  by the pharmacist-in-charge. Any equipment, that requires certification,
				  maintenance, or calibration must be certified, maintained, or calibrated
				  according to the manufacturer and United States Pharmacopeia guidelines. All
				  equipment not in good working condition may not be used in the
				  pharmacy.
General Authority:
SDCL
					 36-11-11(4).
Law Implemented:
SDCL
					 36-11-41(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:07 - Minimum equipment requirements › Section 20:51:07:04 - Publication and reference library

Current through Register Vol. 51, page 10, July 15, 2024
All pharmacy staff must have access to South Dakota pharmacy
				  laws and rules, federal laws and rules, all governing or regulatory agency
				  documents needed to conduct pharmacy services, and the telephone number of the
				  nearest poison control center. The required publications and materials may be
				  printed or online. Reference material must be maintained and must include one
				  current drug information reference that the pharmacist-in-charge determines to
				  be necessary to provide pharmacy services to patients at that
				  location.
General Authority:
SDCL
					 36-11-11(4).
Law Implemented:
SDCL
					 36-11-41(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:13 - Special restrictions › Section 20:51:13:02 - Return of unused drugs

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided by chapters 20:51:21 and
				  20:51:35, pharmacists and pharmacies may not accept from patients or their
				  agents, for reuse, reissue, or resale, any unused drugs, prescribed
				  medications, sickroom supplies, or hygienic surgical appliances or garments. In
				  a hospital with a licensed pharmacy, unused drugs, sickroom supplies, hygienic
				  surgical appliances or garments, and other items dispensed for hospital
				  inpatients may be returned to the pharmacy, for credit and disposition by a
				  pharmacist, if the integrity of the products and packages is
				  maintained.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 34-20H-2,
					 36-11-33.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:13 - Special restrictions › Section 20:51:13:02.01 - Return of unused unit dose and unit of issue drugs by patients in hospice programs, nursing facilities, or assisted living facilities

Current through Register Vol. 51, page 10, July 15, 2024
Only unused unit dose or unit of issue drugs from patients in
				  a hospice program, a nursing facility, or an assisted living facility may be
				  returned to the pharmacy that dispensed the drugs for credit and redispensing
				  in accordance with the following requirements:
(1) The facility or hospice program consults
				with a licensed pharmacist for oversight of the drug distribution to ensure
				that a person trained and knowledgeable in the storage, use, and administration
				of the drug has been in control of any drug being returned to the pharmacy and
				that the unit dose or unit of issue drug has not come into the physical
				possession of the person for whom it was prescribed;
(2) The pharmacy's manager has received
				written approval from the board of a protocol detailing the procedure used to
				repackage, label, transfer, restock, redispense, and credit any unit dose or
				unit of issue drugs returned to the pharmacy;
(3) The drugs are provided in the
				manufacturer's unit dose packaging or are repackaged by the pharmacy in
				accordance with chapter 20:51;21;
(4) The unit dose package is labeled by the
				manufacturer with the drug lot number and expiration date;
(5) If the drug is repackaged by the
				pharmacy, each single unit dose or each unit of issue prepackaged or repackaged
				container must include:
(a) The name and
				strength of the medication;
(b) A
				suitable expiration date, not later than the expiration date on the
				manufacturer's container or one year from the date the drug is prepackaged or
				repackaged;
(c) The date the
				product was prepackaged or repackaged;
(d) The manufacturer's lot number, expiration
				date, and identity un;ess maintained in the internal records of the pharmacy;
				and
(e) The identity of the
				pharmacist responsible for prepackaging or repackaging unless maintained in the
				internal records of the pharmacy;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:51 - PHARMACISTS › Chapter 20:51:13 - Special restrictions › Section 20:51:13:02.03 - Redispensing unit dose drugs returned from hospice programs, nursing facilities, or assisted living facilities

Current through Register Vol. 51, page 10, July 15, 2024
Unused unit dose or unit of issue drugs that are returned
				  under §
									20:51:13:02.01 may be redispensed
				  in accordance with the following requirements:
(1) Drugs that have been repackaged by the
				pharmacy may be redispensed only one time;
(2) Drugs in a manufacturer's unit dose
				package may be redispensed as often as necessary, if the integrity of the
				original product and package is maintained;
(3) Drugs that have been repackaged into a
				unit of issue package by the pharmacy may be redispensed into a unit of issue
				distribution system and mixed with drugs of a different lot number, provided
				that all lot numbers and expiration dates are placed on the unit of issue
				package or in the internal record; and
(4) Drugs may be removed from a unit dose or
				unit of issue package for dispensing in a traditional dispensing system as
				described in §
									20:51:21:01.
General Authority:
SDCL
					 36-11-11(1).
Law Implemented:
SDCL
					 34-20H-2,
					 36-11-46.6.