South Dakota Board of Pharmacy

1 ARTICLE 20:51
PHARMACISTS
Chapter
20:51:01 Registration Licensure by examination.
20:51:02 Internship requirements.
20:51:03 Interns in clinical projects, Repealed.
20:51:04 Registration Licensure by reciprocity.
20:51:05 Restricted professional practices.
20:51:06 Pharmacy practice and registration licensure.
20:51:07 Minimum equipment requirements.
20:51:08 Self-service restrictions.
20:51:09 Nonprescription drugs.
20:51:10 Poisons, Repealed.
20:51:11 Patent and proprietary medicines, Repealed.
20:51:12 Wholesale drugs and medicines, Repealed.
20:51:13 Special restrictions.
20:51:14 General administration.
20:51:15 Pharmacies in hospitals, nursing facilities, or related facilities.
20:51:16 Rules of professional conduct.
20:51:17 Automated mechanical distribution and dispensing devices.
20:51:18 Posting of prescription drug prices, Repealed.
20:51:19 Continuing education.
20:51:20 Computer pharmacy.
20:51:21 Unit dose systems.
20:51:22 Support personnel.
2 20:51:23 Transfer of prescription information.
20:51:24 Patient record system.
20:51:25 Patient counseling.
20:51:26 Sterile products for home care patients, Repealed.
20:51:27 Nonresident pharmacy registration licensure.
20:51:28 Administration of immunizations.
20:51:29 Registered pharmacy technicians.
20:51:30 Telepharmacy.
20:51:31 Compounding practices.
20:51:32 Prescription drug monitoring program.
20:51:33 Complaint procedures Repealed.
20:51:34 Contested case hearing procedures.
20:51:35 Donated prescription drug and medical supply redispensing program.
20:51:36 Central fill pharmacies.


3 CHAPTER 20:51:01
REGISTRATION LICENSURE BY EXAMINATION
Section
20:51:01:01 Application for registration, Repealed.
20:51:01:02 Experience required.
20:51:01:03 Application requirements.
20:51:01:04 Examination.
20:51:01:05 Repealed.
20:51:01:06 Repealed.
20:51:01:07 Repealed.
20:51:01:08 Repealed.
20:51:01:09 Approved colleges of pharmacy, Repealed.
20:51:01:10 Application requirements for graduates from colleges of pharmacy located outside
the United States.
20:51:01:11 North American Pharmacist Licensure Examination score transfer.
20:51:01:12 Registration fee nonrefundable, Repealed.


4 20:51:01:01. Application for registration. An applicant for registration as a pharmacist by
examination shall apply to the board and provide all requested information on or with the application
Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 95,
effective November 25, 1991; 33 SDR 73, effective November 6, 2006; 36 SDR 21, effective August
17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-15, 36-11-16, 36-11-18.
Cross-Reference: Examination, § 20:51:01:04.


5 20:51:01:02. Experience required. An applicant meeting the requirements of SDCL 36-11-
16 for a certificate of registration as a licentiate in license to practice pharmacy and who is examined
after December 31, 2009, must have completed a pharmacy practice experience program which that
meets or exceeds the minimum pharmacy practice experience requirements of the board as defined
set forth in chapter 20:51:02.
Source: SL 1975, ch 16, § 1; 7 SDR 51, effective December 3, 1980; 12 SDR 151, 12 SDR
155, effective July 1, 1986; 22 SDR 133, effective April 25, 1996; 36 SDR 21, effective August 17,
2009
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-16.
Cross-References:
Goals and objectives of internship, § 20:51:02:01.01.
Required hours, § 20:51:02:13 20:51:02:12.01.


6 20:51:01:03. Application requirements. An applicant for registration licensure by
examination shall provide the following to the board with the application:
(1) The application fee of thirty-five dollars;
(2) A photo of the applicant;
(3) A list of the applicant's practical experience;
(4) A transcript showing graduation from a college of pharmacy approved by the American
Council on Pharmaceutical Education;
(5)(4) A government-issued form of photo identification; and
(6) A criminal background check.
Source: SL 1975, ch 16, § 1; 6 SDR 103, effective May 5, 1980; 8 SDR 144, effective May
4, 1982; 11 SDR 120, effective March 11, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
14 SDR 121, effective March 28, 1988; 15 SDR 20, effective August 9, 1988; 18 SDR 95, effective
November 25, 1991; 22 SDR 133, effective April 25, 1996; 33 SDR 73, effective November 6, 2006;
36 SDR 21, effective August 17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-17 36-11-16.
Law Implemented: SDCL 36-11-16(2)(5)(6), 36-11-16.1, 36-11-17.
Cross-References: Examination, § 20:51:01:04.
Approved colleges of pharmacy, § 20:51:01:09.


7 20:51:01:04. Examination. An applicant for registration licensure by examination shall
successfully complete the North American Pharmacist Licensure Examination (NAPLEX) and the
Multistate Jurisprudence Examination (MPJE), South Dakota edition. A total scaled score of not less
than 75 seventy-five is required to pass each examination.
Source: SL 1975, ch 16, § 1; 10 SDR 117, effective May 8, 1984; 12 SDR 178, effective May
11, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 95, effective November 25,
1991; 33 SDR 73, effective November 6, 2006; 36 SDR 21, effective August 17, 2009.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-16(7), 36-11-18.


8 20:51:01:10. Application requirements for graduates from colleges of pharmacy located
outside the United States. Any applicant for licensure by examination who is a graduate of a school
or college of pharmacy located outside of the United States must submit the Foreign Pharmacy
Graduate Examination Committee (FPGEC) certification awarded by the National Association of
Boards of Pharmacy (NABP). The FPGEC certification includes the Test of English as a Foreign
Language (TOEFL) and the Test of Spoken English (TSE), or the Internet-based TOEFL iBT as a
prerequisite to taking the licensure examinations. Any applicant must submit an application to the
board in accordance with §20:51:01:03.
A foreign pharmacy graduate The applicant shall also be required to obtain internship practical
experience in one or more board-licensed community or hospital pharmacies outlined in §§20:51:02
before applying for licensure as outlined in §20:51:01:03.
Source: 9 SDR 171, effective July 12, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
18 SDR 95, effective November 25, 1991; 22 SDR 133, effective April 25, 1996; 36 SDR 21,
effective August 17, 2009.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-16(5), 36-11-18.


9 20:51:01:11. North American Pharmacist Licensure Examination score transfer. An
applicant meeting the requirements of this chapter who has taken the North American Pharmacist
Licensure Examination in another state may transfer scores through the National Association of
Boards of Pharmacy. To be eligible for licensure, an applicant must complete the requirements of
§ 20:51:01:03 and receive a passing grade in the Multistate Pharmacy Jurisprudence Examination,
South Dakota edition, in accordance with § 20:51:01:04, within one year from the date the scores
are transferred by the National Association of Boards of Pharmacy to the board.
Source: 18 SDR 95, effective November 25, 1991; 33 SDR 73, effective November 6, 2006;
36 SDR 21, effective August 17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-16(7), 36-11-18.
Cross-Reference: Examination, § 20:51:01:04.



10 CHAPTER 20:51:02

INTERNSHIP REQUIREMENTS


Section
20:51:02:01 Definitions.
20:51:02:01.01 Goal and objectives of internship.
20:51:02:02 Repealed.
20:51:02:03 Repealed.
20:51:02:04 Registration.
20:51:02:04.01 South Dakota State University College of Pharmacy practice experiences,
Repealed.
20:51:02:04.02 Identification.
20:51:02:05 Renewal of certificate.
20:51:02:06 Repealed.
20:51:02:07 Affidavit needed for each practical experience.
20:51:02:08 Report required at end of each practical experience, Repealed.
20:51:02:09 Repealed.
20:51:02:10 Practical experience defined.
20:51:02:11 Supervising pharmacist requirements.
20:51:02:11.01 Number of interns.
20:51:02:12 Repealed.
20:51:02:12.01 Required hours.
20:51:02:13 Internship experiences from other states.
11 20:51:02:13.01 Foreign pharmacy graduates.
20:51:02:14 Credit given for military and research activities.
20:51:02:15 Badge required.
20:51:02:16 Denial of pharmacy intern registration.
20:51:02:17 Sanctions, Repealed.



12 20:51:02:01. Definitions. Terms defined in SDCL 36-11-2 have the same meaning in this
chapter. As used in this chapter, "pharmacy intern" means: a person who meets registration
requirements as outline in § 20:51:02:04 and is issued an intern certificate.
(1) A person who is registered by the board to engage in the practice of pharmacy while under
the supervision of a pharmacist, enrolled in an Accreditation Council for Pharmacy Education
(ACPE) accredited school or college of pharmacy, and is progressing toward meeting the
requirements for licensure as a pharmacist;
(2) A graduate of an ACPEapproved professional degree program of a school or college of
pharmacy, or a graduate who has established educational equivalency by obtaining a Foreign
Pharmacy Graduate Examination Committee Certificate, who is currently registered by the board
for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist;
(3) A qualified applicant awaiting examination for pharmacist licensure or meeting board
requirements for re-licensing; or
(4) A qualified applicant participating in a pharmacy residency or fellowship program.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996; 31 SDR 35, effective September 19, 2004; 36 SDR 21, effective August
17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-25.
Law Implemented: SDCL 36-11-16(6), 36-11-25.
Cross-Reference: Approved colleges of pharmacy, § 20:51:01:09.


13 20:51:02:04. Registration. 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 who has
registered with the board on a form provided by the board and a fee of $40 forty dollars. The board
may not grant internship credit for experience obtained prior to the individual's registration as a
pharmacy intern. A person who is eligible for registration by the board as a pharmacy intern must
meet one of the following qualifications:
(1) A person who is enrolled in an Accreditation Council for Pharmacy Education (ACPE)
accredited school or college of pharmacy and has completed one week of classes;
(2) A pharmacist applicant who is a graduate of an ACPE approved professional degree
program of a school or college of pharmacy, awaiting examination for pharmacist licensure;
(3) A graduate who has established educational equivalency by obtaining a Foreign
Pharmacy Graduate Examination Committee Certificate, for the purpose of obtaining practical
experience as a requirement for licensure as a pharmacist pursuant to § 20:51:01:10; or
(4) A pharmacist licensure applicant awaiting board requirements for licensure or re-
licensure.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996; 31 SDR 35, effective September 19, 2004; 36 SDR 21, effective August
17, 2009.
General Authority: SDCL 36-11-10, 36-11-11(1), 36-11-25.
Law Implemented: SDCL 36-11-25.

14 20:51:02:07. Affidavit needed for each practical experience. Any pharmacy intern
expecting to receive seeking credit for practical experience as a qualification for registration as a
licentiate licensure as a pharmacist pursuant to § 20:51:01:10 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.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996; 36 SDR 21, effective August 17, 2009.
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-16(6), 36-11-25.


15 20:51:02:08. Report required at end of each practical experience. 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 Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996.
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-25.


16 20:51:02:10. Practical experience defined. The term "practical experience," as it relates to
qualification for licensure, means performing the pharmacy intern's 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.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996.
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-11 36-11-16(6), 36-11-25.


17 20:51:02:11. Supervising pharmacist requirements. 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 pharmacy intern during all professional
activities of the entire internship practical experience. Interns A pharmacy intern 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
prescription software platform by the pharmacy intern. The identity of the pharmacist must be
included in the prescription 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.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996; 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-25.
Law Implemented: SDCL 36-11-25.


18 20:51:02:12.01. Required hours. An internship must consist of applicant for licensure as a
pharmacist pursuant to § 20:51:01:01 must complete a minimum of two thousand one thousand six
hundred 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 of practical experience.
Source: 36 SDR 21, effective August 17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-25.
Law Implemented: SDCL 36-11-25.


19 CHAPTER 20:51:04
REGISTRATION LICENSURE BY RECIPROCITY
Section
20:51:04:01 Application.
20:51:04:02 Qualifications for reciprocity.
20:51:04:03 Reciprocity requirements.
20:51:04:04 Application requirements, Repealed.
20:51:04:05 Appearance before board.
20:51:04:06 Repealed.
20:51:04:07 Repealed.
20:51:04:08 Certificates of reciprocity Reciprocal license identified by letter R.
20:51:04:09 Repealed.



20 20:51:04:01. Application. 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 for licensure by reciprocity as a pharmacist must include the
following:
(1) An electronic license transfer program application from the National Association of Boards
of Pharmacy, completed on the National Association of Boards of Pharmacy website;
(2) A nonrefundable initial pharmacist registration fee of thirty-five dollars; and
(3) A South Dakota reciprocating pharmacist application, with a non-refundable fee of one
hundred fifty dollars.
Source: SL 1975, ch 16, § 1; 6 SDR 103, effective May 5, 1980; 12 SDR 86, effective
November 27, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 21, effective August
17, 2009.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-16, 36-11-16.1, 36-11-19.


21 20:51:04:02. Qualifications for reciprocity. To qualify for a reciprocal registration in South
Dakota license, an applicant must:
(1) Be a registered licensed 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 practical 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 Have passed the North American Pharmacist Licensure Examination, if the
applicant first became a licensed pharmacist after January 1, 1980.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 36 SDR 21,
effective August 17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-19.


22 20:51:04:04. Application requirements. 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 Repealed.
Source: SL 1975, ch 16, § 1; 3 SDR 45, effective December 18, 1976; 12 SDR 151, 12 SDR
155, effective July 1, 1986; 29 SDR 37, effective September 26, 2002; 36 SDR 21, effective August
17, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-19.
Law Implemented: SDCL 36-11-16.1, 36-11-19.


23 20:51:04:05. Appearance before board. Before issuing a reciprocal registration license, the
board may require 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.
Source: SL 1975, ch 16, § 1; 10 SDR 117, effective May 8, 1984; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; 36 SDR 21, effective August 17, 2009.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-19.


24 20:51:04:08. Certificates of reciprocity Reciprocal license identified by letter R.
Certificates of registration Licensure A license granted by reciprocity will must be identified by the
letter "R next" preceding the license number of such certificates pharmacist license.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-5, 36-11-19.


25 20:51:05:22. Distribution of drugs to prescribers or pharmacies. A registered licensed
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 licensed 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.
Source: 11 SDR 92, effective January 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-14, 36-11A-4.



26 CHAPTER 20:51:06
PHARMACY PRACTICE AND REGISTRATION LICENSURE
Section
20:51:06:01 Application for pharmacy permit license -- Annual renewal required.
20:51:06:02 Ownership or control by pharmacist required.
20:51:06:02.01 Pharmacist-in-charge -- Defined, duties Definition -- Duties.
20:51:06:03 Application for opening a new pharmacy.
20:51:06:04 False application grounds Grounds for suspending or revoking.
20:51:06:05 Must be registered in order to advertise pharmacy name, Repealed.
20:51:06:06 Transfer of pharmacy registration, Repealed.
20:51:06:07 Changes in ownership or location reported to the board -- Patients notified of
closure of pharmacy.
20:51:06:08 Valid permit must be displayed, Repealed.
20:51:06:09 Permit License expires one hundred twenty days after death of pharmacist owner.
20:51:06:10 Provisions for pharmacist temporary absence from pharmacy.
20:51:06:11 Pharmacy requirements for nonpharmacist owners, Repealed.
20:51:06:12 Pharmacy requirements for pharmacist owners, Repealed.
20:51:06:13 Repealed.



27 20:51:06:01. Application for pharmacy permit license -- Annual renewal required. A
registered pharmacist actively conducting operating a pharmacy in the this state of South Dakota
shall apply, on forms provided by the board, each year to the board for a permit license to conduct
operate the pharmacy for the year ending June thirtieth on forms provided by the board. The fee for
initial licensure is two hundred dollars and the fee for license renewal is two hundred dollars.
Source: SL 1975, ch 16, § 1; 2 SDR 56, effective February 11, 1976; 4 SDR 85, effective June
19, 1978; 11 SDR 151, effective May 15, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
24 SDR 160, effective May 26, 1998; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3), 36-11-32.
Law Implemented: SDCL 36-11-32, 36-11-35.


28 20:51:06:02. Ownership or control by pharmacist required. 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 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.
A licensed pharmacy owner may change the pharmacist-in-charge on a form provided by the
board at any time during the licensed period. The fee for a pharmacist-in-charge change is fifty
dollars. If the board is not notified within ten days of the change, the pharmacy license becomes
void, and the pharmacy owner must reapply for licensure. A complete inventory of controlled
substances, as listed in SDCL chapter 34-20B, must be taken on the date the new pharmacist-in-
charge assumes active management. The inventory must be retained in the licensed pharmacy for a
period of two years.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-32, 36-11-34, 36-11-35, 36-11-37.


29 20:51:06:02.01. Pharmacist-in-charge -- Defined, duties Definition -- Duties. An
application for a permit license 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 as specified in § 20:51:06:02.
Source: 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-32, 36-11-34, 36-11-37.


30 20:51:06:03. Application for opening a new pharmacy. An application for an initial a
license to operate a new pharmacy permit in within 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.
Source: SL 1975, ch 16, § 1; 6 SDR 103, effective May 5, 1980; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-32.


31 20:51:06:04. False application grounds Grounds for suspending or revoking. False
representation made in an application for a permit to conduct a pharmacy license, or keeping
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 or revocation of the pharmacy permit license.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-44, 36-11-48.


32 20:51:06:07. Changes in ownership or location reported to the board--Patients notified
of closure of pharmacy. 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 pharmacist-in-charge is responsible for reporting changes to the
board. If a pharmacy permanently closes, patients must be notified by the pharmacy owner thirty
days prior to closure.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-35, 36-11-39.


33 20:51:06:08. Valid permit must be displayed. A valid permit to conduct a pharmacy shall
be displayed in every pharmacy in this state at all times Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-36.


34 20:51:06:09. Permit License expires one hundred twenty days after death of pharmacist
owner. Except in the event of the death of the pharmacist permittee pharmacist owner, a permit to
conduct a pharmacy license is void when if the holder of the permit pharmacist owner ceases to be
in active management of the pharmacy. When If a pharmacist permittee pharmacist owner dies, the
pharmacy may not be kept open for business without a pharmacist on duty and in charge. A permit
to conduct a pharmacy license in the name of a deceased pharmacist becomes void unless transfer
of the permit license 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.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-38.


35 20:51:06:10. Provisions for pharmacist temporary absence from pharmacy. Where the
registered pharmacy premises includes a prescription department licensed pharmacy 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
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.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-40 36-11-44, 36-11-48(2)(6).


36 20:51:07:01. Pharmacy must comply with all public health regulations. A pharmacy must
comply with all public health regulations regarding sanitation and is subject to South Dakota Board
of Pharmacy board inspections. The pharmacy must be maintained and operated in a clean and
sanitary condition, free from unhealthful, foreign, or injurious contamination.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(2).
Law Implemented: SDCL 36-11-42 36-11-41, 36-11-64.


37 20:51:07:03. Minimum equipment requirements. A pharmacy permittee owner 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.
Source: SL 1975, ch 16, § 1; 6 SDR 103, effective May 5, 1980; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(4).
Law Implemented: SDCL 36-11-41(1).


38 CHAPTER 20:51:13
SPECIAL RESTRICTIONS
Section
20:51:13:01 Repealed.
20:51:13:02 Return of unused drugs.
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.
20:51:13:02.02 Repealed.
20:51:13:02.03 Redispensing unit dose and unit of issue drugs returned from hospice programs,
nursing facilities, or assisted living facilities.
20:51:13:02.04 Repackaging drugs from prescription container.
20:51:13:03 Free choice of pharmacies.
20:51:13:04 Splitting fees or rebates prohibited, Repealed.
20:51:13:05 Remote pick-up sites -- Approval -- Requirements.
20:51:13:06 Off-site medication control in a hospital or medical clinic -- Approval –
Requirements.


39 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. 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. The pharmacy may
only return and re-dispense drugs 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 patient for
whom it was prescribed;
(2) The pharmacy's manager pharmacist-in-charge 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, unless maintained in the
internal records of the pharmacy; and
40 (e) The identity of the pharmacist responsible for prepackaging or repackaging, unless
maintained in the internal records of the pharmacy;
(6) The drug's packaging is tamper resistant and shows no evidence of contamination, such
as an opened or stained container;
(7) The unit dose drugs or unit of issue drugs have not reached the expiration date;
(8) The drugs have not been dispensed in packaging that intermingles different drugs in a
single compartment; and
(9) The drugs are not controlled drugs.
Unused unit dose drugs or unit of issue drugs that are returned under this section may be
redispensed pursuant to § 20:51:13:02.03.
Source: 10 SDR 38, effective October 27, 1983; 12 SDR 82, effective November 19, 1985;
12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 95, effective November 25, 1991; 29 SDR
37, effective September 26, 2002; SL 2004, ch 249, § 3, effective July 1, 2004; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(14).
Law Implemented: SDCL 34-20H-2, 36-11-46.6.
Cross Reference: Unit dose systems, chapter 20:51:21.


41 20:51:13:02.03. Redispensing unit dose and unit of issue drugs returned from hospice
programs, nursing facilities, or assisted living facilities. 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; and
(3)(2) 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)(3) 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.
Source: 18 SDR 95, effective November 25, 1991; 29 SDR 37, effective September 26, 2002;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(14).
Law Implemented: SDCL 34-20H-2, 36-11-46.6.


42 20:51:13:02.04. Repackaging drugs from prescription container. Drugs that have been
dispensed as a prescription in a traditional dispensing system may not be repackaged into a unit dose
or unit of issue package. Drugs were repackaged that and were not dispensed, or drugs transferred
directly from one pharmacy to another pharmacy, may be repackaged into unit dose or unit of issue
packaging if the following information is obtained by the receiving pharmacy:
(1) Date received;
(2) Name of drug;
(3) Strength;
(4) Quantity;
(5) Expiration date;
(6) Manufacturer's lot number;
(7) Manufacturer; and
(8) National Drug Code.
The expiration date for the repackaged drug must not exceed the shorter of one year from the date
the drug is prepackaged or repackaged or the manufacturer's container expiration date.
Source: 18 SDR 95, effective November 25, 1991; 29 SDR 37, effective September 26, 2002;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 34-20H-2, 36-11-46.6.


43 20:51:13:03. Free choice of pharmacies. The following notice must be displayed
conspicuously at all times in all licensed pharmacies:
"NOTICE TO THE PUBLIC
FREE CHOICE OF PHARMACIES
Any person has the right and privilege of having a prescription filled at the pharmacy of the person's
choice. This South Dakota Board of Pharmacy notice must be displayed conspicuously at all times
in all licensed pharmacies."
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-12B-1 34-12B-1.


44 20:51:13:05. Remote pick-up sites -- Approval -- Requirements. A licensed pharmacy may
designate a site, other than the pharmacy, where a patient may pick up dispensed medications. The
pharmacy utilizing the remote pick-up site retains ownership of the medications received by the
patient or designated person and shall ensure proper storage and record keeping. Before designating
a remote pick-up site, the pharmacy must obtain approval from the State Board of Pharmacy.
To receive approval, the pharmacy shall submit to the board:

(1) The name, address, and license number of the pharmacy and name of the pharmacist-
in-charge responsible for the remote pick-up site;
(2) The name and address of each site; and
(3) A copy of the policies, procedures, and security requirements for the site.

The following requirements apply to a remote pick-up site:
(1) The site must have a locked cabinet for storage of dispensed medications, and
access to the locked cabinet must be limited to trained, designated staff;
(2) Prescriptions must be placed in the locked cabinet immediately upon delivery to
the site;
(3) When storing a dispensed medication for pick-up:
(a) The patient's name must be listed on the outside of the package, and, if
someone other than the patient is picking up the prescription, the designated person's name; and
(b) Any protected health information must not be visible while stored; and
(c) The packaging that contains the prescription must be securely closed;
(4) The patient or designated person picking up the prescription shall sign the receipt
or delivery log which must be returned to the pharmacy maintained with pharmacy records
45 (5) A designated staff shall inventory the dispensed medication at least weekly and
provide a list of unclaimed bags to the pharmacy; and
(6) A delivery manifest of all dispensed medications delivered to the pick-up site must
be maintained in the pharmacy.
The pharmacy must maintain a list of all employees at the pick-up site who have been trained
and have access to the prescriptions. The pharmacy shall annually review the policies and procedures
for the site with each employee and document the date of the review. Pharmacy staff shall conduct
and document monthly visits to the pick-up site to ensure compliance with the policies and
procedures for the site.
Source:
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-2.2(3).



46 20:51:13:06. Off-site medication control in a hospital or medical clinic -- Approval --
Requirements. A licensed pharmacy may provide drugs as defined in SDCL 36-11-2.1 to a hospital
or medical clinic for dispensing to patients when access to a pharmacy is limited. The pharmacy
providing the medications retains ownership of the medications until dispensed to the patient and
shall ensure proper storage and record keeping. For medications to be maintained offsite in a hospital
or medical clinic State Board of Pharmacy approval must be granted.
(1) To receive board approval, the pharmacist-in-charge must submit documentation that
includes the following requirements: Address of the hospital or medical clinic;
(2) Drug list and drug quantities;
(3) Drugs be kept in a locked cabinet with access only by authorized licensed healthcare
professionals;
(4) Prior to dispensing a medication, there must be a drug order in the patient’s record, and a
copy of the drug order or prescription is sent to the pharmacy;
(5) Dispensing at the hospital or medical clinic must be done by the prescriber, or, if the label
is prepared by a nurse, the label must otherwise comply with § 20:51:05:21 and the prescriber must
verify the drug and the directions prior to dispensing;
(6) A written information sheet must be provided to the patient at time of dispensing for each
drug;
(7) Inventory of all drugs stored off-site must include a record of each time a drug is dispensed
from the supply; and
(8) Pharmacy staff must conduct an on-site inspection at the off-site location at least every
ninety days. The inspection must verify inventory of drugs, expiration dates, proper storage
conditions, and review of applicable policies and procedures with authorized hospital or medical
clinic staff. Documentation of the inspection must be stored at the licensed pharmacy and retained
for two years.
47 Source:
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-2.2, 36-11-14

48 CHAPTER 20:51:14
GENERAL ADMINISTRATION
Section
20:51:14:01 Annual certificate pharmacist license renewal.
20:51:14:02 Repealed.
20:51:14:03 Repealed.
20:51:14:04 Equivalent drug products, Repealed.


49 20:51:14:01. Annual certificate pharmacist license renewal. The fee for an annual
certificate pharmacist license renewal is $125 one hundred twenty-five dollars. Certificates expire
on September 30 following issuance and must be renewed annually by October 1.
Source: SL 1975, ch 16, § 1; 6 SDR 103, effective May 5, 1980; 12 SDR 151, 12 SDR 155,
effective July 1, 1986; 15 SDR 20, effective August 9, 1988; 23 SDR 26, 23 SDR 47, effective
August 26, 1996; 28 SDR 24, effective September 2, 2001.
General Authority: SDCL 36-11-23.
Law Implemented: SDCL 36-11-23.


50 CHAPTER 20:51:15
PHARMACIES IN HOSPITALS, NURSING FACILITIES, OR RELATED FACILITIES
Section
20:51:15:01 Definition and general provisions.
20:51:15:02 Pharmaceutical services supervised by pharmacist.
20:51:15:03 Central area to be licensed as a pharmacy.
20:51:15:04 Dispensing limited to pharmacist, Repealed.
20:51:15:05 Transferring drugs from original containers limited to pharmacists.
20:51:15:06 Removing a single dose from prescription container.
20:51:15:07 Preparing a solution, Repealed.
20:51:15:08 Medication floor stocks.
20:51:15:09 Filling or refilling of nursing station containers limited to pharmacists, Repealed.
20:51:15:10 Registration and renewal Part-time pharmacy license -- Fee -- Renewal.
20:51:15:11 Schedule of attendance by pharmacist.
20:51:15:12 Supervision of drugs located in areas other than pharmacy.
20:51:15:13 Access to pharmacy -- Records.
20:51:15:14 Pharmacy must be in a separate room.
20:51:15:15 Pharmacist controls emergency drugs in health care facilities.
20:51:15:15.01 Pharmacist controls emergency kit in nursing facility.
20:51:15:16 Minimum standards for pharmacy service, Repealed.
20:51:15:17 Repealed.



51 20:51:15:01. Definition and general provisions. Terms used in this chapter mean:
(1) “Chart order,” a lawful order entered on the chart or medical record of a patient or resident
of a licensed healthcare facility by a practitioner, or a designated agent, for a drug or device;
(2) "Hospice program," a coordinated program of inpatient services providing palliative rather
than curative care for a patient;
(3) "Part-time pharmacy," the provision of pharmaceutical services by a registered pharmacist
under a pharmacy license issued by the board, on less than a full-time operation basis, in hospitals,
nursing facilities, and related facilities in which pharmaceutical services are limited to inpatients;
and
(4) "Pharmaceutical services":
(a) The operation, management, or control of a pharmacy;
(b) Preparing, compounding, processing, packaging, labeling, or dispensing one or more
doses of medication either upon a prescription or chart order of an authorized practitioner for
subsequent administration to, or use by, a patient; and
(c) Any other act, service, operation, or transaction incidental to subsections (4)(a) and (b)
requiring, involving, or employing the science or art of any branch of the pharmaceutical profession.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2004, ch
249, § 2, effective July 1, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-33.
Law Implemented: SDCL 36-11-33.


52 20:51:15:02. Pharmaceutical services supervised by pharmacist. All pharmaceutical
services shall in a part time pharmacy must be performed either by, or under the personal supervision
of, a registered licensed pharmacist.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11, 36-11-33.
Law Implemented: SDCL 36-11-33.


53 20:51:15:03. Central area to be licensed as a pharmacy. The central area in a hospital,
nursing facility, hospice program and or related facilities facility, where drugs are procured, stored,
and issued, and where pharmaceutical services are performed, must be licensed as a pharmacy. The
pharmacy must shall meet all requirements of South Dakota and federal law and the rules of the
board and musthave a registered pharmacist in charge of the pharmacy.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(3), 36-11-33.
Law Implemented: SDCL 36-11-33.


54 20:51:15:04. Dispensing limited to pharmacist. The act of dispensing is limited to a
registered pharmacist and may not be performed by any other person except under the personal
supervision of a registered pharmacist Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-33.


55 20:51:15:05. Transferring drugs from original containers limited to pharmacists. The
act of transferring a drug or preparation from an original container to a new container is an act of
dispensing which is restricted to a registered licensed pharmacist.
For purposes of this section, a container is "original" if it has been packaged by a licensed
manufacturer and is labeled in compliance with federal and state law.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-33.


56 20:51:15:07. Preparing a solution. The preparation, by a nurse licensed pursuant to SDCL
chapter 36-9, of a solution for injection, is considered a step in the administration of medication
Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-2.2.


57 20:51:15:10. Registration and renewal Part-time pharmacy license -- Fee -- Renewal.
The board may issue to a pharmacist in good standing a permit to operate a part-time pharmacy in a
hospital, nursing facility, or related facility for the year ending June thirtieth, if the pharmacist
applies yearly on a form supplied by the board and pays a. The fee of to apply for a part-time
pharmacy license is one hundred sixty dollars. The fee for renewal of a part-time pharmacy license
is one hundred sixty dollars.
Source: SL 1975, ch 16, § 1; 2 SDR 56, effective February 11, 1976; 4 SDR 85, effective June
19, 1978; 11 SDR 151, effective May 15, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
24 SDR 160, effective May 26, 1998; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3), 36-11-32 36-11-33.
Law Implemented: SDCL 36-11-32, 36-11-33.


58 20:51:15:11. Schedule of attendance by pharmacist. A registered licensed pharmacist
employed or otherwise engaged to supply pharmaceutical services at a part-time pharmacy may have
a flexible schedule of attendance, but the pharmacist must be present for a sufficient number of hours
weekly to maintain:
(1) Maintain an adequate supply of medications at the several service areas from which
medications are administered, to maintain;
(2) Maintain all required records, to perform;
(3) Perform other services permitted or required by law,; and to provide
(4) Provide adequate control over all pharmaceutical services rendered by the hospital, nursing
facility, hospice program, or related facilities facility.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11, 36-11-33.
Law Implemented: SDCL 36-11-33.


59 20:51:15:13. Access to pharmacy -- Records. Only Except as provided below, only a
registered licensed pharmacist may have access to the pharmacy stock of drugs in the hospital,
nursing facility, or related facilities. If the pharmacist is absent from the hospital or other like,
nursing facility, hospice program, or other related facility, a registered nurse designated by the
hospital, nursing facility, hospice program or other related facility may obtain, from a hospital the
pharmacy stock of drugs, a unit dose of, a drug, or medication necessary to administer to a patient
in carrying out treatment and medication orders as prescribed by a licensed prescriber when the drug
is not available in floor supplies, or the emergency drug kit, to meet the immediate need of the
patient. The nurse shall leave in the pharmacy, on a suitable form, a record of any drugs removed,
showing the name of the patient, the name of the drug, the dosage form and strength, the amount
taken, and the date and time the drugs were removed, and shall sign the record. The nurse shall leave
the record and the container from which the dose was taken, in order that it may be properly checked
by the pharmacist. These records must be kept retained in the pharmacy for two years.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(4), 36-11-33.
Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34, 36-11-68.


60 20:51:15:14. Pharmacy must be in a separate room. The pharmacy within the hospital,
nursing facility, hospice program or related facility must be in a separate room and locked at all
times when the registered a licensed pharmacist is not on duty.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11, 36-11-33.
Law Implemented: SDCL 36-11-33.


61 20:51:15:15. Pharmacist controls emergency drugs in health care facilities. A pharmacist
of a registered licensed pharmacy in a health care hospital, nursing facility, hospice program or
related facility may provide, upon written request of the health care facility's prescribers, a defined
supply of legend drugs in an emergency drug kit or crash cart. The emergency drugs must meet the
immediate therapeutic needs of a patient to prevent harm to the patient due to a delay in obtaining
such the drugs from the pharmacy. The emergency drugs must remain the property of the registered
licensed pharmacy and must be stored on-site in a suitable, controlled location in the health care
facility. The emergency drug supplies are governed by the following requirements:
(1) The facility's registered pharmacist controls the emergency drugs contained in an
emergency kit or crash cart;
(2) Drug quantities are limited, properly labeled, and supplied in single dose packaging, if
possible;
(3) All legend drugs used for an emergency must be identified for replacement by a
pharmacist; and
(4) The pharmacy staff shall restock the contents of the emergency drug supply after each
reported use or at least monthly. The pharmacy staff shall inspect all emergency drugs at least
monthly.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 92,
effective January 6, 2000; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(4), 36-11-33.
Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34.


62 20:51:15:15.01. Pharmacist controls emergency kit in nursing facility. A registered
pharmacist licensed pharmacy may provide to a nursing facility a limited quantity of controlled
legend drugs pursuant to §§ 44:58:07:09 and 44:73:08:11, a limited amount of noncontrolled legend
drugs, and nonprescription drugs, for emergency and supportive treatment, if requested in writing
by the medical director. The pharmacist provider pharmacy shall retain control of all medications
provided in emergency kits.
The provider pharmacist shall comply with the following requirements:
(1) The medical director, director of nursing, and provider pharmacist shall jointly determine
and prepare a limited list of emergency drugs by identity and quantity;
(2) No more than ten different controlled drugs may be stored in the emergency kit, which
may not contain more than twenty doses of any controlled drug;
(2)(3) The There must be a policy in place that the nursing staff must notify the provider
pharmacy must be notified of any drug taken from the emergency kit;
(3)(4) The provider pharmacy staff shall inventory and restock the contents of the emergency
kit after reported use or at least monthly;
(4)(5) The emergency kit must be stored in a suitable, controlled location in the nursing facility
to prevent the unauthorized access of the drugs within it. The emergency kit exterior must be labeled
clearly, that it is an emergency kit and is for emergency use only. The emergency kit must contain
the name, strength, quantity, and expiration date of drugs contained therein;
(5) The provider pharmacy may utilize an automated medication distribution device to store,
distribute, and record transactions as an emergency kit or for first dose medications. If the pharmacy
uses an automated medication distribution device, the pharmacy must apply for a separate pharmacy
permit to do so unless there is a permitted pharmacy within that physical location; and
(6) The provider pharmacy must provide each facility where an emergency kit is placed with
a contact number to a pharmacist twenty-four hours a day.
63

All other controlled and noncontrolled legend medications must be obtained from a pharmacy
licensed to distribute dispense to patients pursuant to SDCL 34-12B-1 and 34-12B-2.
Source: 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(4).
Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34.


64 20:51:19:03. Hours required. To qualify for a certificate of registration renewal of a
pharmacist license or reinstatement, a pharmacist must successfully complete twelve hours of
approved continuing education. The twelve hours of approved continuing education required each
year for renewal must be completed within the twenty-four months before the pharmacist's certificate
of registration license expires. If a pharmacist applies for yearly renewal of the pharmacist's
certificate of registration license pursuant to SDCL 36-11-23, in order to receive renewal, the
pharmacist must have completed the required hours. If the pharmacist has a certification to
administer immunizations, the pharmacist must complete one hour of continuing education related
to immunizations, which may be one of the required twelve hours.
For the purposes of this section:
(1) “Approved continuing education,” means those continuing pharmaceutical educations
education programs made available by an approved provider.; and
(2) “Approved provider,” means any association, corporation, educational institution,
organization, or person who has been accredited by the Accreditation Council on Pharmaceutical
Education as having met its criteria, indicating the ability to provide quality continuing
pharmaceutical education programs, or any sponsor approved by the board in § 20:51:19:09.
Source: 4 SDR 54, effective February 26, 1978; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 16 SDR 98, effective December 3, 1989; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-23.2.
Law Implemented: SDCL 36-11-23.1 to 36-11-23.3 36-11-23.4, inclusive.


65 20:51:19:05.01. Audit to verify hours earned. The board shall audit at least five percent of
the registered licensed pharmacists at random annually after licensure to verify their continuing
education.
Source: 9 SDR 171, effective July 12, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-23.2.
Law Implemented: SDCL 36-11-23.2, 36-11-23.3.


66 20:51:19:14. Attendance by board or council members. Any member or staff of the South
Dakota State Board of Pharmacy or advisory council on continuing education shall have the right to
established in SDCL 36-11-23.4 may attend and supervise any continuing education program.
Source: 4 SDR 54, effective February 26, 1978; 12 SDR 151, 12 SDR 155, effective July 1,
1986.
General Authority: SDCL 36-11-10, 36-11-11, 36-11-23.2.
Law Implemented: SDCL 36-11-23.2, 36-11-23.4.


















67 20:51:25:03. Elements of counseling. Patient counseling involves:

(1) The name and description of the drug;
(2) The dosage form, dose, route of administration, and duration of drug therapy;
(3) The intended use of the drug and its expected action;
(4) Special directions and precautions for preparation, administration, and use by the patient;
(5) Common severe side effects, adverse drug reactions, interactions, and therapeutic
contraindications that may be encountered, including their avoidance, and the action required if they
occur;
(6) Techniques for self-monitoring drug therapy;
(7) Storage requirements;
(8) Prescription refill information;
(9) Action to be taken if a dose is missed; and
(10) The pharmacist's comments relevant to the individual's drug therapy, including any other
information peculiar to the specific patient or drug.

Source: 19 SDR 93, effective December 31, 1992; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-68.
Law Implemented: SDCL 36-11-2(19) 36-11-2.2(2), 36-11-68.
20:51:25:05. Alternative forms of patient information. Alternative forms of patient information
as reference in § 20:51:25:04 include are written information leaflets, pictogram labels, video
programs, or information generated by electronic data processing equipment. When used to replace
oral counseling, alternative Alternative forms of patient information shall must advise the patient or
caregiver that the pharmacist may be contacted for consultation in person at the pharmacy, or by
68 toll-free telephone, or by collect telephone call. Alternative A pharmacist may use alternative forms
of patient information may also be used to supplement patient counseling.
Source: 19 SDR 93, effective December 31, 1992.
General Authority: SDCL 36-11-68.
Law Implemented: SDCL 36-11-68.


69 CHAPTER 20:51:27
NONRESIDENT PHARMACY REGISTRATION


Section
20:51:27:01 Definitions.
20:51:27:02 Application form.
20:51:27:03 Application fee.
20:51:27:04 Report of change in ownership or location – Application Required.

70 20:51:27:02. Application form. The application form for licensure of a nonresident
pharmacy must include the information required by SDCL 36-11-19.3 and:
(1) Evidence of licensure in good standing in the nonresident pharmacy's home state;
(2) A description of any disciplinary action against the nonresident pharmacy or the
nonresident pharmacy owner, in the home state or any other state within the last four years and the
reason for the action;
(3) If the pharmacist-in-charge is not the sole owner or part owner of the merchandise and
fixtures of the nonresident pharmacy, an affidavit as described in SDCL 36-11-34;
(4) A list of all other states in which the pharmacy is licensed; and
(5) A description of pharmacy services provided to patients located in South Dakota; and
(6) An inspection performed by the regulatory or licensing agency of the home state, any
accreditation agency recognized by the board, or the United States Food and Drug Administration,
that has been conducted on-site at the nonresident pharmacy within the last four years, and any
deficiencies on the inspection that require corrective action.
Source: 24 SDR 40, effective October 5, 1997; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-19.3, 36-11-19.4.


71 20:51:27:04. Report of change in ownership or location – Application Required. The
owner of a nonresident pharmacy or persons delegated by the owner shall report the following to the
board:
(1) Change in pharmacist-in-charge, notify within ten days of change in position status;
(2) Ownership change, notify within thirty days of after the transaction. The license of a
nonresident pharmacy is not transferable to a new owner. Any new majority owner of a nonresident
pharmacy must apply for licensure pursuant to § 20:51:27:02;
(3) Change in location, notify within thirty days after the transaction. If the location change
is to a different state, a new application is required pursuant to § 20:51:27:02; and
(4) Closure of a nonresident pharmacy, notify at least ten days prior to closure.
Source: 24 SDR 40, effective October 5, 1997; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-19.3, 36-11-37.


72 20:51:28:02.02. Qualifications for pharmacy technicians to administer immunizations.
A pharmacy technician may administer immunizations if the technician:
(1) Is registered as a certified defined in § 20:51:29:00 pharmacy technician in this state by
the board;
(2) Has successfully completed an approved immunization training program approved by the
board for technicians;
(3) Is certified in cardiopulmonary resuscitation; and
(4) Is directly supervised by an on-site pharmacist who has a current authorization to
administer immunizations in this state; and
(5) Completes one hour of continuing education related to immunizations annually.
All technician immunization training, continuing education, and cardiopulmonary
resuscitation documents must be kept in the pharmacy for five years and available for inspection at
any time.
Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13), 36-11-19.1(1).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-19.1(1).


73 CHAPTER 20:51:29

REGISTERED PHARMACY TECHNICIANS

Section
20:51:29:00 Definitions.
20:51:29:01 Purpose of registration.
20:51:29:02 Registration required.
20:51:29:03 Original Initial application for registration.
20:51:29:04 College- or vocational- based training program.
20:51:29:05 Exemptions from registration.
20:51:29:06 Certification of pharmacy technicians.
20:51:29:07 Registration application form--Fee.
20:51:29:08 Declaration of current impairment or limitations.
20:51:29:09 Felony or misdemeanor crimes.
20:51:29:10 Sworn signature.
20:51:29:11 Registration renewal, Repealed.
20:51:29:12 Registration Initial and renewal registration fee.
20:51:29:13 Timeliness of initial application or renewal application Expiration of registration --
Requirements for renewal -- Continuing education.
20:51:29:14 Registration certification verification.
20:51:29:15 Notification to the board.
20:51:29:16 Training and utilization of pharmacy technicians.
20:51:29:17 Identification of pharmacy technicians.
20:51:29:18 Misrepresentation prohibited.
74 20:51:29:19 Ratio.
20:51:29:19.01 Repealed.
20:51:29:19.02 Exception to ratio for hospital, mail order, and long-term care pharmacy.
20:51:29:20 Delegation and supervision of technical functions.
20:51:29:21 Technical functions.
20:51:29:22 Tasks a pharmacy technician may not perform.
20:51:29:23 Misrepresentative deeds.
20:51:29:24 Confidentiality.
20:51:29:25 Illegal or unethical behavior.
20:51:29:26 Denial of registration.
20:51:29:27 Disciplinary actions.

75 20:51:29:00. Definitions. Terms used in SDCL 36-11-2 have the same meaning when used in this
chapter mean:
(1) “Certified technician,” an individual described in SDCL subdivision 36-11-2(26) 36-11-
2(22) who has gained certification through training and examination pursuant to § 20:51:29:06; and
(2) “Grandfathered technician,” an individual not requiring certification, who worked as a
technician prior to July 1, 2014, and who has been continuously employed by a pharmacy since that
time;
(3) "Pharmacist. As used in this chapter, "pharmacy intern" has the definition set forth in
§ 20:51:02:01 § 20:51:02:04; and;
(4) "Technician-in-training," an individual who is registered with the board to receive on-the-
job training in a licensed pharmacy in preparation for certification as a pharmacy technician. A
technician-in-training must become a certified technician within two years of registration with the
board.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


76 20:51:29:01. Purpose of registration. A registration program for all pharmacy technicians
is established for the primary purpose of assuring the competency of registered pharmacy technicians
and for purposes of identifying, tracking, and bringing disciplinary actions against pharmacy
technicians.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


77 20:51:29:02. Registration required. Any person individual employed in South Dakota this
state as a pharmacy technician or pharmacy technician-in-training shall obtain and maintain during
the employment a current registration as a pharmacy technician or pharmacy technician-in-training
pursuant to this chapter. Any person accepting employment as a pharmacy technician or pharmacy
technician-in-training in South Dakota this state who fails to register as a pharmacy technician or
pharmacy technician-in-training as required by rule may be subject to disciplinary action in
accordance with § 20:51:29:27.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


78 20:51:29:03. Original Initial application for registration. Any person initially applying
individual must submit an initial application for a certificate of registration as a pharmacy technician
or pharmacy technician-in-training shall submit an application to the board within thirty days of
accepting employment in a South Dakota pharmacy located in South Dakota as a pharmacy
technician or pharmacy technician-in-training.
The board may issue an initial pharmacy technician registration or pharmacy technician-in-
training registration to any individual who is sixteen:
(1) Sixteen years of age or older,; and is employed
(2) Employed by a pharmacy or is enrolled in a pharmacy technician job exploration program
through the high school they are the individual is attending. An individual who was registered by
the board prior to July 1, 2011, may renew the individual's registration provided all other
requirements for renewal are met and the individual maintains a pharmacy technician registration or
national certification on an uninterrupted basis. An individual whose registration or national
certification lapses for a period of one year must meet the registration requirements in effect at the
time the individual applies for reinstatement of registration.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


79 20:51:29:04. College- or vocational- based training program. A person who is enrolled in
a college- or vocational-based pharmacy technician training program shall obtain a pharmacy
technician-in-training technician registration from the board prior to beginning any on-site practical
experience. The technician-in-training program may not exceed two years' duration.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


80 20:51:29:05. Exemptions from registration. A registered pharmacy intern whose South
Dakota registration certificate is in good standing and who assists in the technician function of the
practice of pharmacy performs any function described in § 20:51:29:21 is not required to register as
a pharmacy technician with the board.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13), 36-11-25.
Law Implemented: SDCL 36-11-2(26)(22),36-11-25.


81 20:51:29:06. Certification of pharmacy technicians. A pharmacy technician shall may
obtain national certification within two years of registration with the board. The board may not renew
the registration of a pharmacy technician who was initially registered after July 1, 2011, unless the
pharmacy technician is nationally certified. To obtain registration as a certified technician, the
person must be certified by a national organization and has have passed a pharmacy technician
certification examination that is accredited by the National Commission for Certifying Agencies or
is in the two-year technician-in-training period.
Pharmacy technician national certification does not supplant the need for a licensed pharmacist
to exercise control over the performance of a delegated function nor does national certification
exempt the pharmacy technician from registration pursuant to this chapter.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


82 20:51:29:07. Registration application form--Fee. The application form for registration as a
pharmacy technician must contain:
(1) The applicant's name, address, phone number, date of birth, gender, social security
number, and email address;
(2) The applicant's work experience;
(3) Current and past places of employment; and
(4) A non-refundable fee.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-11(13).


83 20:51:29:08. Declaration of current impairment or limitations. The applicant shall declare
any current use of drugs, alcohol, or other chemical substances that in any way impairs or limits the
applicant's ability to perform the duties of a pharmacy technician with reasonable skill and safety.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


84 20:51:29:09. Felony or misdemeanor crimes. The applicant shall declare any history of
being charged with, convicted of, or entering a plea of guilty or no contest to, a felony or
misdemeanor crime other than any traffic violation with a fine under one hundred dollars.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


85 20:51:29:10. Sworn signature. The applicant shall sign and attest to the accuracy of the
application under penalty of perjury and shall submit it to the board.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


86 20:51:29:12. Registration Initial and renewal registration fee. The fee for initial
registration is twenty-five dollars. The renewal fee for the registration is twenty-five dollars. Fees
shall The fee must be paid at the time the new initial application or the renewal application is
submitted.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-11(13).


87 20:51:29:13. Timeliness of initial application or renewal application Expiration of
registration -- Requirements for renewal -- Continuing education. An initial application may be
denied if not received within the period specified in § 20:51:29:03. A renewal application may be
denied if not received by the Registration as a pharmacy technician expires on October thirty-first
expiration date and must be renewed annually. Any registration not renewed before its expiration
date on or before October thirty-first is delinquent. To renew the registration, the pharmacy
technician must submit to the board:
(1) A renewal application;
(2) The non-refundable renewal fee; and
(3) Proof of:
(a) Having completed six hours of continuing education within the last twenty-four months
that have not previously been utilized as continuing education needed for prior registration; or
(b) Current national certification from a pharmacy technician program accredited by the
National Commission for Certifying Agencies.
An individual who continues employment as a pharmacy technician without a current registration
may be subject to disciplinary actions as set forth in § 20:51:29:27.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


88 20:51:29:14. Registration certification verification. The pharmacy technician shall
maintain a certificate of registration as a pharmacy technician. The pharmacist-in-charge of each
pharmacy utilizing a pharmacy technician is responsible for verifying that any technician working
in the pharmacy is registered with the board and compliant with all rules of this chapter. Any
violation by the technician may be grounds for disciplinary action against the pharmacist-in-charge.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-2.2, 36-11-34.


89 20:51:29:15. Notification to the board. A registered pharmacy technician shall, within ten
days of any change in the technician's name, address, or pharmacy employment status, report that
change to the board.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


90 20:51:29:16. Training and utilization of pharmacy technicians. The pharmacist-in-charge
of a pharmacy shall ensure that a registered pharmacy technician receives adequate training in the
tasks performed by pharmacy technicians working at that pharmacy. A pharmacy utilizing
employing a registered pharmacy technician shall develop, implement, and periodically review
written policies and procedures for training and utilizing pharmacy technicians appropriate to the
practice of pharmacy at that pharmacy. Each pharmacy shall specify the frequency of review in its
policies. Each pharmacy shall document and maintain each registered pharmacy technician's training
for the duration of employment. The pharmacy shall make its policies and procedures and
documentation of registered pharmacy technician training available for inspection by the board.
Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


91 20:51:29:17. Identification of pharmacy technicians. A registered pharmacy technician
shall, while on duty, wear a visible identification badge that clearly identifies the person as a
pharmacy technician and includes the technician's first name.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


92 20:51:29:18. Misrepresentation prohibited. A registered pharmacy technician may not
represent himself or herself themself as a pharmacist.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


93 20:51:29:19. Ratio. Up Except as provided in § 20:51:29:19.02, up to three registered
pharmacy technicians may be on duty in a pharmacy for every pharmacist on duty. A pharmacy
intern does not count in this ratio.
Source: 31 SDR 35, effective September 19, 2004; 42 SDR 19, effective August 19, 2015; 50
SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).
Cross-Reference: Number of interns, § 20:51:02:11.01.


94 20:51:29:19.02. Exception to ratio for hospital, mail order, and long-term care
pharmacy. The maximum ratio of pharmacists to registered pharmacy technicians who may be on
duty in a hospital, mail order, or long-term care pharmacy is determined by the pharmacist-in-charge.
Regardless of the ratio, the following requirements must be met:
(1) Medication must be dispensed pursuant to a legal prescription;
(2) The technology must include tablet or product imaging or bar code scanning, to ensure
accuracy in the prescription filling process;
(3) A role-based access software automation system that places stop points within the
prescription filling process must be used, and the system must require a pharmacist's intervention
before the prescription may move to the next step in the prescription dispensing process;
(4) Pharmacy software that screens and detects drug allergies, identifies drug interactions, and
checks age-appropriate dosage ranges must be used;
(5) A pharmacist shall review clinically significant computer warnings of drug interactions,
therapy duplications, and contraindications;
(6) Electronic surveillance technology must be used to control access or to provide continuous
monitoring of all areas where drugs are stored or dispensed;
(7) All non-pharmacist personnel who input patient drug information into a computer or
whose duties include receiving, packaging, or shipping of drugs;, or who have access to any areas
where drugs are dispensed, must be registered as a pharmacy technicians and meet the requirements
of technician in accordance with this chapter 20:51:29 or be a pharmacy intern under chapter
20:51:02;
(8) In hospital and long-term care pharmacies, nursing personnel in facilities served by the
pharmacy shall have telephone access to a pharmacist twenty-four hours a day, seven days a week.
In mail order pharmacies, a patient shall have access to a pharmacist twenty-four hours a day, seven
days a week on a dedicated pharmacist staff line;
95 (9) Drug information must be readily available to pharmacists;
(10) A quality assurance program that identifies and evaluates dispensing errors,
accompanied by a continuous quality improvement program that assures very high dispensing
accuracy rates, must be in place;
(11) There must be The pharmacy must maintain written policies and procedures for all
clerical, supportive, technical, and clinical pharmacy functions;
(12) There must be written policies and procedures for training pharmacy personnel,
including ongoing training programs for all personnel and documentation of that training for each
employee; and
(13) There must be a monitoring program designed to prevent diversion of controlled
substances. This includes The program must include perpetual inventory of all scheduled controlled
drugs. Routine audits must be conducted by pharmacy personnel to review purchases versus
dispensing of controlled drugs to deter and detect diversion.
Source: 36 SDR 21, effective August 17, 2009; 42 SDR 19, effective August 19, 2015; 50
SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-19.2, 36-11-33.


96 20:51:29:20. Delegation and supervision of technical functions. A pharmacist may
delegate any technical dispensing functions function to a registered pharmacy technician provided
the pharmacist is on site supervising the performance of the delegated functions function is
performed under the immediate personal supervision of the pharmacist delegating the function. The
pharmacist shall provide and document the final verification for the accuracy, validity,
completeness, and appropriateness of the patient's prescription or medication order prior to the
delivery of the medication to the patient or the patient's representative.
The physical presence requirement of the pharmacist does not apply when utilizing an
automated mechanical distribution device. The registered pharmacy technician may place
medications into the automated mechanical distribution device that have been checked by the
pharmacist. The pharmacist is not required to accompany the registered pharmacy technician when
placing medications into the automated mechanical distribution device. The automated mechanical
distribution device must be capable of printing out a record of medications filled by the registered
pharmacy technician. The record must be checked and verified by the pharmacist daily.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(5)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-44.


97 20:51:29:21. Technical functions. At the discretion of the supervising pharmacist, technical
functions that may be delegated to a registered pharmacy technician include are:
(1) Performing packaging, manipulative, or repetitive tasks relating to the processing of a
prescription or medication order in a licensed pharmacy;
(2) Accepting prescription refill authorization communicated to a pharmacy by a prescriber,
or by the prescriber's agent. Any changes other than the number of refills on the prescription may
not be accepted by a technician and must be accepted by a pharmacist or pharmacy intern;
(3) Contacting prescribers to obtain prescription refill authorization;
(4) Collecting pertinent patient information;
(5) Inspecting drug supplies provided and controlled by a South Dakota licensed pharmacy,
including drug supplies maintained in an automated mechanical distribution device, emergency
medical room, ambulance, long-term care facility, hospital nursing unit, or hospice facility; and
(6) Assisting the pharmacist with the preparation of medications for administration to the
patient topically, by injection, or by other approved methods.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


98 20:51:29:22. Tasks a pharmacy technician may not perform. A registered pharmacy
technician may not:
(1) Provide the final verification for the accuracy, validity, completeness, or appropriateness
of a filled prescription or medication order;
(2) Conduct prospective drug use review or evaluate a patient's medication record for
purposes identified in § 20:51:25:02;
(3) Provide final verification of automated dispensing medication fill records for accuracy
and completeness;
(4) Make decisions that require a pharmacist's professional judgment such as interpreting new
orders, applying information, or making product selection for drugs that are substitutable;
(5) Accept new verbal prescription medication orders communicated to the pharmacy by a
prescriber or the prescriber's agent; or
(6) Provide pharmaceutical services in a pharmacy without a pharmacist being present, except
as authorized in chapter 20:51:30.
A violation of this section may be grounds for disciplinary action as provided in § 20:51:29:27.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-26.


99 20:51:29:23. Misrepresentative deeds. A registered pharmacy technician may not make any
statement tending to deceive, misrepresent, or mislead anyone, or be a party to or an accessory to
any fraudulent or deceitful practice or transaction in a pharmacy.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22).


100 20:51:29:24. Confidentiality. In the absence of express written consent from the patient or a
written order or direction of a court, except where the best interests of the patient require, a registered
pharmacy technician may not divulge or reveal to any person, other than as outlined in SDCL 36-
11-69, any of the following information:
(1) The contents of any prescription drug order or medication, the therapeutic effect thereof,
or the nature of professional pharmaceutical services rendered to the patient;
(2) The nature, extent, or degree of illness suffered by the patient; or
(3) Any medical information furnished by the prescriber.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-69.


101 20:51:29:25. Illegal or unethical behavior. A registered pharmacy technician may not
exhibit illegal or unethical behavior in connection with the technician's pharmacy employment.
Illegal or unethical behavior includes are: verbal or physical abuse, coercion, intimidation,
harassment, sexual advances, threats, degradation of character, profanity, indecent or obscene
conduct, and theft. A violation of this section may be grounds for disciplinary action as provided for
in § 20:51:29:27.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-26.


102 20:51:29:26. Denial of registration. The board may deny an initial or renewal application
for registration as a pharmacy technician for any violation of:
(1) The laws of this state, another state, or the United States, relating to prescription drugs,
controlled substances, or nonprescription drugs; or
(2) This chapter.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-26.


103 20:51:29:27. Disciplinary actions. For violations of this chapter, the board may:
(1) Revoke a pharmacy technician registration;
(2) Suspend a pharmacy technician registration until further order of the board or for a
specified period;
(3) Not renew a pharmacy technician registration;
(4) Prohibit permanently, until further order of the board, or for a specified period, the
engaging in specified procedures, methods, or acts;
(5) Impose a probationary period;
(6) Refer the pharmacy technician to the Health Professionals' Assistance Program health
professionals’ assistance program; or
(7) Issue a letter of concern or public reprimand.
Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-2A-2, 36-2A-6, 36-11-2(26)(22), 36-11-26.


104 CHAPTER 20:51:30
TELEPHARMACY
Section
20:51:30:01 Definitions.
20:51:30:02 Application for remote pharmacy site.
20:51:30:03 Ownership or control by pharmacist required.
20:51:30:04 Board inspection.
20:51:30:05 License renewal.
20:51:30:06 License required.
20:51:30:07 Audiovisual link.
20:51:30:08 Remote pharmacy identification sign.
20:51:30:09 Restricted area posted access to remote pharmacy.
20:51:30:10 Telephone number.
20:51:30:11 Pharmacist staffing requirements.
20:51:30:12 Technician and intern staffing requirements.
20:51:30:13 Pharmacist-to-technician ratio.
20:51:30:14 Prescription workload.
20:51:30:15 Requirements for prescription orders.
20:51:30:16 Requirements for operation.
20:51:30:17 Routine quality assurance required.
20:51:30:18 Use of automated prescription dispensing device.

105 20:51:30:03. Ownership or control by pharmacist required. The board may not issue a
permit license to conduct a remote pharmacy to any pharmacist applicant unless such the pharmacist
applicant is an owner, or part owner, of the place of business from which the pharmacist will practice
telepharmacy, or unless the non-pharmacist owner of the place of business from which the
pharmacist will practice telepharmacy files an affidavit on a form prescribed by the board delegating
full and complete authority to the pharmacist applicant to be in active management of the place of
business outlined in SDCL 36-11-34(3) for the license year ending June 30 thirtieth.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(1).
Law Implemented: SDCL 36-11-34, 36-11-72(1).


106 20:51:30:09. Restricted area posted access to remote pharmacy. The remote pharmacy
dispensing area shall be posted as a restricted area. Only pharmacy technicians or pharmacy interns
employed directly and involved in processing prescriptions are permitted in the dispensing area.
There must be restricted access Access to the restricted area remote pharmacy prescription
department must be limited to authorized pharmacy personnel. The security system at the remote
pharmacy must allow for tracking of each entry into the pharmacy. The pharmacist-in-charge shall
review the log of entries at least weekly.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(2),(5).
Law Implemented: SDCL 36-11-71, 36-11-72(2),(5).


107 20:51:30:12. Technician and intern staffing requirements. Each remote pharmacy must be
staffed with registered a certified pharmacy technicians technician registered with the board or a
registered pharmacy interns intern. A certified pharmacy technician registered with the board
working at a remote pharmacy without an onsite pharmacist, pharmacy intern, or experienced
telepharmacy another certified pharmacy technician registered with board that meets the
requirements of this section, must have a minimum of two one thousand hours of experience as a
registered pharmacy technician in accordance with chapter 20:51:29 and shall must be certified in
accordance with § 20:51:29:06. One thousand Five hundred hours of this experience must be in athe
central pharmacy or the remote telepharmacy with an onsite pharmacist, pharmacy intern, or another
certified pharmacy technician registered with the board meeting the experience requirements for
technicians in this section. An A pharmacy intern may work at a remote pharmacy if the intern has
at least five hundred hours of experience as a registered pharmacy intern in accordance with chapter
20:51:02.
Source: 35 SDR 183, effective February 2, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13), 36-11-72(3).
Law Implemented: SDCL 36-11-2(26)(22), 36-11-25, 36-11-71.


108 20:51:30:13. Pharmacist-to-technician ratio. The pharmacist on duty at a central pharmacy
may supervise no more than the number of registered pharmacy technicians allowed in accordance
with § 20:51:29:19. The total number of allowed registered pharmacy technicians may be divided
between the central pharmacy and the remote pharmacy in any manner. However, each remote
pharmacy must have at least one pharmacy technician or pharmacy intern, who meets the
requirements in § 20:51:30:12, on duty when it is open if a pharmacist is not present.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(3).
Law Implemented: SDCL 36-11-72(3) 36-11-2(22), 36-11-71.


109 20:51:30:15. Requirements for prescription orders. Only a registered pharmacist may take
a verbal prescription order. A registered pharmacy technician at the remote pharmacy may not accept
verbal orders for new prescriptions, but may accept written orders. A written order for a new
prescription may be entered at the central pharmacy or the remote pharmacy. The pharmacist must
approve or override all drug utilization review alerts.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(5).
Law Implemented: SDCL 36-11-72(5) 36-11-2.2, 36-11-2(22), 36-11-71.


110 20:51:30:16. Requirements for operation. The following requirements must be adhered to
apply when operating a remote pharmacy:
(1) The remote pharmacy may only be open if a computer link, video link, and audio link with
the central pharmacy are functioning properly. If any link is not functioning properly, the remote
pharmacy must be closed unless a pharmacist is working at the remote pharmacy;
(2) No remote pharmacy may be open when the central pharmacy is closed, unless a licensed
pharmacist is working at the remote pharmacy;
(3) Any prescription filled at the remote pharmacy must be profiled, reviewed, and interpreted
by a pharmacist at the central pharmacy before the prescription is dispensed;
(4) Any remotely dispensed prescriptions must have a label properly prepared in accordance
with § 20:51:05:21 attached to the final drug container before the pharmacist certifies verifies the
dispensing process. This prescription certification verification process must be done in real time. All
prescription certification verification must be documented in the computer record. The computer
must be capable of carrying the initials of the registered pharmacy technician preparing the
prescription and the pharmacist verifying the prescription. Verification is required for both new
prescriptions and refills;
(5) When the patient receives a prescription, the pharmacist must use audiovisual
communication to counsel the patient regarding use of the prescription being dispensed. Counseling
is required only for new prescriptions. The pharmacist must meet the counseling standards in
accordance with § 20:51:25:04; and
(6) The remote pharmacy must maintain a log, signed by the patient, that documents a
patient's refusal for counseling by the pharmacist.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(2),(3),(4),(5).
Law Implemented: SDCL 36-11-72(2),(3),(4),(5) 36-11-2.2, 36-11-2(22), 36-11-71
111 20:51:30:18. Use of automated prescription dispensing device. If the remote pharmacy
uses an automated mechanical dispensing device, the stocking and loading of this device must either
be checked by a pharmacist, prior to use, or employ a secure bar coding barcoding system or its
equivalent. Policies and procedures consistent with § 20:51:17:02 regarding the operation of the
automated mechanical distribution system dispensing device must be developed and submitted by
the pharmacist-in-charge to the board for consideration. After approval, these policies and
procedures must be available at both the central pharmacy and the remote pharmacy.
Source: 35 SDR 183, effective February 2, 2009; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1),(6), 36-11-72(5)(6).
Law Implemented: SDCL 36-11-11(6), 36-11-72(6) 36-11-2.2, 36-11-71.


112 20:51:31:32. Compounding and hazardous drug handling standards -- United States
Pharmacopeia compounding standards implemented by reference. All sterile compounding,
nonsterile compounding, and repackaging must be handled in accordance with federal law, this
chapter, and the United States Pharmacopeia–National Formulary (February 1, 2024), General
Chapter 797 Pharmaceutical Compounding – Sterile Preparations, General Chapter 795
Pharmaceutical Compounding – Nonsterile Preparations, General Chapter 800 Hazardous Drugs –
Handling in Healthcare Settings, and General Chapter 825 Radiopharmaceuticals – Preparation,
Compounding, Dispensing, and Repackaging.
Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3)(8).
Law Implemented: SDCL 36-11-2.2(3), 36-11-11(3)(8), 36-11-46.
Reference: United States Pharmacopeia--Compounding Compendium (February 1,
2024), available at https://online.uspnf.com/uspnf. Cost: $800 $250 for individual user.


113 20:51:31:33. Policy and procedure manual. The pharmacist-in-charge must prepare and
maintain a policy and procedure manual for compounding practices. The policy and procedure
manual must include a quality assurance program, and all applicable United States Pharmacopeia
requirements, and be available for inspection by the board.
Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3)(8).
Law Implemented: SDCL 36-11-2.2(3), 36-11-46.
Reference: United States Pharmacopeia--Compounding Compendium (February 1,
2024), available at https://online.uspnf.com/uspnf. Cost: $800 $250 for individual user.


114 20:51:31:34. Compounding requirements. Any pharmacy that engages in compounding
must adhere to physical, equipment, and environmental requirements established by United States
Pharmacopeia. Pharmacy owner must provide compounding staff shall have with access to current
reference materials applicable to compounding.
Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3)(8).
Law Implemented: SDCL 36-11-2.2(3), 36-11-46.
Reference: United States Pharmacopeia--Compounding Compendium (February 1,
2024), available at https://online.uspnf.com/uspnf. Cost: $800 $250 for individual user.


115 CHAPTER 20:51:33 COMPLAINT PROCEDURES Section
20:51:33:01 Applicability Repealed.
20:51:33:02 Complaints Repealed.
20:51:33:03 Investigations Repealed.
20:51:33:04 Completion of complaint investigation Repealed.
20:51:33:05 Status of complainant Repealed.
20:51:33:06 Effect of failure to renew during investigation Repealed.
















116 20:51:33:01. Applicability. The following procedure applies to complaints about holders of
the licenses, permits, registrations, or certificates regulated by the Board of Pharmacy Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.


117 20:51:33:02. Complaints. The executive secretary may initiate an investigation based on a
written complaint. Any person filing a complaint shall submit the complaint in writing to the
executive secretary. A complaint is not a public record. The executive secretary shall dismiss any
complaint that concerns matters over which the board does not have jurisdiction, and shall notify the
complainant of that action. The executive secretary may also initiate an investigation upon
reasonable suspicion that a licensee or registrant is in violation of any applicable standard for
professional conduct Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.


118 20:51:33:03. Investigations. The executive secretary shall initiate an investigation of a
complaint by notifying the license, registration, or certificate holder of the complaint and obtaining
a response to the complaint. If the executive secretary determines that the complaint concerns
compliance with licensing standards and requirements, the executive shall investigate the complaint.
The notice shall be in writing and shall include a statement that the licensure, licensee, or registrant
is entitled to due process rights, including the right to notice and an opportunity to be heard and to
be represented by counsel. The executive secretary may appoint a board member to assist in the
investigation Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (l3).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.


119 20:51:33:04. Completion of complaint investigation. Upon completion of a complaint
investigation, the executive secretary may:
(1) Dismiss the complaint as unsubstantiated or requiring no further action. Dismissal of a
complaint is not a public record;
(2) Issue a letter of concern, that shall be placed in the licensee's or registrant's permanent
records. A letter of concern is not a public record;
(3) Recommend the board issue the licensee or registrant a public reprimand;
(4) Recommend the board re-open and modify the license to include compliance with
specified terms and conditions; or
(5) Recommend the board suspend or revoke the license.
If the executive secretary recommends issuance of a public reprimand, re-opening and
modification, or suspension or revocation of the license, registration, or certificate held by the
licensee or registrant, the executive secretary shall notify the licensee or registrant of the right to
contest the recommendation. If contested, the executive secretary shall issue a petition for hearing
that sets out the recommendation and the reasons for the recommendation and initiates a contested
case hearing. A copy of the petition for hearing shall be sent to the licensee or registrant. The
executive secretary and licensee or registrant may enter into a settlement agreement concerning the
recommendation to be made to the board Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.

120 20:51:33:05. Status of complainant. The complainant is not a party to any contested case
hearing resulting from the executive secretary's investigation of a complaint, although the
complainant may be called as a witness in the hearing. The executive secretary shall notify a
complainant of any public final agency action taken as a result of a complaint Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.


121 20:51:33:06. Effect of failure to renew during investigation. The holder of a license,
registration, or certificate may choose not to renew the license, registration, or certificate after a
complaint investigation has been initiated by the executive secretary. A failure to renew after an
investigation has been initiated shall be reported as "withdrawn under investigation" in the board's
permanent license files and in any national databases to which the board is required to report
licensure action Repealed.
Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-1, 36-11-13, 36-11-15, 36-11-16.1, 36-11-19.4, 36-11-19.6,
36-11-20, 36-11-23.3, 36-11-26, 36-11-28, 36-11-29, 36-11-30, 36-11-31, 36-11-44, 36-11-46, 36-
11-48, 36-11-49, 36-11-65, 36-11A-14.


122 20:51:36:02. License required. Any pharmacy acting as a central fill pharmacy in this state
must be permitted licensed pursuant to SDCL 36-11-32 and not permitted licensed as a pharmacy
under SDCL 36-11-33. Any central fill pharmacy located outside the state must be licensed as a non-
resident pharmacy. Any originating pharmacy located in this state must be permitted licensed as a
full-time pharmacy pursuant to SDCL 36-11-32.
Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-19.2, 36-11-19.3, 36-11-30.

123 CHAPTER 20:67:01

DEFINITIONS


Section
20:67:01:01 Definitions.


20:67:01:01. Definitions. Words defined in SDCL 36-11A have the same meaning when
used in this article. In addition, terms used in this article mean:

(1) "Applicant," a wholesale or other drug distributor, as provided in SDCL 36-11A-3 36-
11A-1.1, represented by a person, including a proprietor, partner, corporate officer or director, or
contact person, authorized to complete the application form and certifications;

(2) "DEA," the federal drug enforcement administration;

(3) "Controlled room temperature," a temperature maintained thermostatically between 15
and 30 degrees centigrade or 59 and 86 degrees Fahrenheit;

(4) "Wholesale and other drug distributor," an entity that distributes medications into this state
or within this state and includes all trading partners defined in SDCL chapter 36-11A, except those
exempted by federal DSCSA.

124 Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11A-14.
Law Implemented: SDCL 36-11A-1, 36-11A-1.1.
125 20:67:02:01. Application and fee. A wholesale or other distributor must apply each year to
the board, electronically or on a form supplied by the secretary of the board, for a license to engage
in the distribution of prescription drugs. Each application shall must be accompanied by a license
fee of $200 five hundred dollars.
Source: 18 SDR 95, effective November 25, 1991; 24 SDR 160, effective May 26, 1998; 45
SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11A-14(1),(6).
Law Implemented: SDCL 36-11A-7, 36-11A-8.


126 20:67:02:10. Out-of-state wholesale or other drug distributor application -- Other state
license required. Out-of-state Any out-of-state wholesale or other drug distributors distributor must
meet the application and fee requirements of this chapter and must also submit a copy of their
wholesale or other drug distributor's license or its equivalent from the state in which the distributor
is located if a license is issued by that state. Any applicant located outside of the state must provide
a copy of an inspection that has been conducted within the last four years by the wholesale or other
drug distributor's home state licensing agency or any other nationally recognized accreditation
program approved by the board. Any findings or deficiencies that are observed during the inspection,
and an explanation of corrections by the wholesale or other drug distributor, must be included with
the application.
Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11A-14(1).
Law Implemented: SDCL 36-11A-7, 36-11A-11, 36-11A-28, 36-11A-29.