South Dakota Board of Pharmacy

PHARMACISTS 20:51
1 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20:51:02:02 Repealed.
20:51:02:03 Repealed.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Repealed.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20:51:02:06 Repealed.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20:51:02:08 Report required at end of each practical experience, Repealed.
20:51:02:09 Repealed.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20:51:02:12 Repealed.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.
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. PHARMACISTS 20:51
2 20:51:02:16 Denial of pharmacy intern registration.
20:51:02:17 Sanctions, Repealed.
20:51:02:18 Disciplinary actions.
PHARMACISTS 20:51
3 20:51:02:10. Practical experience defined. The term "practical experience," as it relates to
qualification for licensure, means the pharmacy intern's following, when performed by the pharmacy
intern under the immediate supervision of a pharmacist:
(1) The practice of pharmacy, as defined in SDCL 36-11-2.2,; and the
(2) The functions authorized to pharmacists in SDCL 36-11-19.1, under the immediate and
personal supervision of a pharmacist.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 133,
effective April 25, 1996; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-16(6), 36-11-25.


PHARMACISTS 20:51
4 20:51:02:11. Supervising pharmacist requirements. A pharmacist who agrees to supervise
the practical experience of a pharmacy intern shall agree to abide by pharmacy law and rules. A
pharmacist who agrees to supervise the practical experience of a pharmacy intern must be readily
available and in continuous communication with the pharmacy intern during all professional
activities of the practical experience. 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 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;
52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1), 36-11-25.
Law Implemented: SDCL 36-11-25.




PHARMACISTS 20:51
5 20:51:02:14. Credit given for military and research activities. The Board of Pharmacy
may allow approve up to 400 four hundred hours of intern credit practical experience, as defined in
§ 20:51:02:10, for suitable military and or research activities in the field of pharmacy as part of the
experience requirement provided in § 20:51:02:12.01.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-25.



PHARMACISTS 20:51
6 20:51:02:18 Disciplinary actions. If a pharmacy intern violates state or federal law or
pharmacy rules of any state, the board may:
(1) Revoke the pharmacy intern certificate;
(2) Suspend the pharmacy intern certificate until further order of the board or for a specified
period;
(3) Not renew the pharmacy intern certificate;
(4) Prohibit permanently, until further order of the board, or for a specified period, the
pharmacy intern’s engagement in specified procedures, methods, or acts;
(5) Impose a probationary period;
(6) Refer the pharmacy intern to the health professionals assistance program; or
(7) Issue a letter of concern or public reprimand.

Source:
General Authority: SDCL 36-11-11, 36-11-25.
Law Implemented: SDCL 36-11-25.



PHARMACISTS 20:51
7 CHAPTER 20:51:05
RESTRICTED PROFESSIONAL PRACTICES
Section
20:51:05:00 Definitions.
20:51:05:01 Transferred.
20:51:05:02 Transferred.
20:51:05:03 Repealed.
20:51:05:04 Repealed.
20:51:05:05 Repealed.
20:51:05:06 Transferred.
20:51:05:07 Transferred.
20:51:05:08 Repealed.
20:51:05:09 Repealed.
20:51:05:10 Repealed.
20:51:05:11 Repealed.
20:51:05:12 Repealed.
20:51:05:13 Repealed.
20:51:05:14 No advertising permitted on prescription blanks furnished to doctors, Repealed.
20:51:05:15 Controlled drug to be dispensed only by prescription Prescription required to
dispense a drug.
20:51:05:15.01 Identification required for controlled drug prescription.
20:51:05:15.02. Delivery of a prescription -- Signature required.
20:51:05:15.03. Refilling of a prescription -- Requirements -- Controlled and noncontrolled drugs.
20:51:05:16 Prescription for Schedule II controlled drug requires date and signature of prescriber
-- Not refillable, Repealed. PHARMACISTS 20:51
8 20:51:05:17 Oral prescription permitted for Schedule II controlled drug in emergency.
20:51:05:18 Partial filling of prescription for Schedule II controlled drug, Repealed.
20:51:05:19 Prescription required to dispense Schedule III or IV controlled drug -- Refill
restricted, Repealed.
20:51:05:20 Legend drug to be dispensed by prescription only -- Refill restricted, Repealed.
20:51:05:21 Labeling of prescription container for controlled or noncontrolled legend drug.
20:51:05:22 Distribution of drugs to prescribers or pharmacies.
20:51:05:23 Distribution of dialysate or dialysis devices by the manufacturer or manufacturer's
agent to a patient -- Exempt from pharmacy licensure.















PHARMACISTS 20:51
9 20:51:05:00. Definitions. Terms used in this chapter mean:
(1) "Controlled drug," a substance as defined in SDCL 36-11-2.1 that is controlled under the
provisions of SDCL chapter 34-20B and is listed in SDCL 34-20B-12 to 34-20B-26, inclusive; and
(2) "Legend drug," a substance as defined in SDCL 34-20B-28.1: and
(3) "Prescription," has the same definition as prescription drug order in SDCL 36-11-2.

Source: 8 SDR 101, effective February 28, 1982; 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 36-11-20 36-11-2.1.













PHARMACISTS 20:51
10 20:51:05:15. Controlled drug to be dispensed only by prescription Prescription required
to dispense a drug.
A pharmacist may not dispense a controlled drug unless the controlled drug is dispensed pursuant to
the prescription of a prescriber licensed to prescribe controlled drugs. A pharmacist shall exercise
sound professional judgment with respect to the legitimacy of prescription orders. A facsimile
transmission of a Schedule II controlled drug prescription must comply with the requirements of
§ 44:58:08:18.03.
A prescription must be dated and signed on the date issued. The prescription must bear:
(1) The name and address of the patient;
(2) The controlled drug name, strength, dosage form, quantity prescribed, and directions for
use; and
(3) The name, address, and registration number of the prescriber.
If an oral prescription for a Schedule II controlled drug is not permitted, a prescription order
must be written in ink, or typewritten, and manually dated and signed by the prescriber or issued and
signed electronically where permissible by law. A prescription for a Schedule II controlled drug may
not be filled later than six months after the date of issuance. A pharmacist may dispense a drug only
pursuant to a valid prescription issued by a licensed prescriber.
The prescription must contain:
(1) The full first and last legal name and address of the patient;
(2) The drug name, strength, dosage form, quantity prescribed, and directions for use;
(3) The name and address of the prescriber;
(4) The prescriber’s name and the date of issuance; and
(5) For a controlled drug, the prescriber's federal Drue Enforcement Administration
registration number.
PHARMACISTS 20:51
11 Source: SL 1975, ch 16, § 1; transferred from § 20:51:05:01, 8 SDR 101, effective February
28, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 92, effective January 6, 2000;
40 SDR 40, effective September 16, 2013; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(4).
Law Implemented: SDCL 36-11-2.2.
Cross References:
Fascimile transmission of Schedule II prescriptions, § 44:58:08:18.03.
Manner of issuance of prescriptions, § 44:58:08:05. PHARMACISTS 20:51
12 20:51:05:15.02. Delivery of a prescription -- Signature required. A prescription may be
delivered to a pharmacist by the following methods if permitted by law:
(1) In writing;
(2) Via facsimile;
(3) Verbally; or
(4) Electronically.
A pharmacist or certified pharmacy intern shall promptly reduce a verbal prescription to a
written record filed or electronically recorded in the same manner as a written prescription.
A handwritten, or facsimile prescription must be manually signed by the prescriber to be a
valid prescription.

Source:
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-2.2.
Cross References:
Facsimile transmission of Schedule II prescriptions, § 44:58:08:18.03.
Manner of issuance of prescriptions, § 44:58:08:05. PHARMACISTS 20:51
13 20:51:05:15.03. Refilling of a prescription -- Requirements -- Controlled and noncontrolled
drugs. A prescription may not be refilled except as designated on the original prescription or as
subsequently authorized by the prescriber. Each refill must be entered on the back of the original
prescription or captured electronically and must include the quantity dispensed, the date refilled, and
the initials or name of the dispensing pharmacist.
Any prescription renewed by the prescriber constitutes a new and separate prescription, must
be assigned a new serial number, and is subject to the restrictions in this section.
A noncontrolled legend drug may only be refilled for the total quantity on the prescription and
not filled or refilled after twelve months from the original date of the prescription’s issuance. If the
prescriber is unable to be contacted to authorize a refill, the pharmacist may refill up to a thirty-day
supply of the noncontrolled legend drug, if, in the professional judgement of the pharmacist, the
drug is necessary to maintain the patient's health.
A Schedule III or IV controlled drug may only be refilled as authorized on the prescription
and up to five times within six months after the date of the prescription’s issuance. The partial
dispensing of refills may not exceed the total quantity authorized on the prescription.
A Schedule II controlled drug may not be refilled. A pharmacist may partially fill a
prescription for a Schedule II controlled drug according to the procedures set forth in §§ 44:58:08:18
and 44:58:08:18.01, and 21 C.F.R. §§ 1306.12 and 1306.13 (April 2, 2026). A prescription for a
Schedule II controlled drug may not be filled later than six months after the date of issuance.

Source:
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-2.2.
PHARMACISTS 20:51
14 20:51:05:16. Prescription for Schedule II controlled drug requires date and signature of
prescriber -- Not refillable. No pharmacist may dispense a Schedule II controlled drug for which
a written prescription is required under federal or state law until a prescription bearing the date of
issue and the written signature of the prescriber has been delivered to the pharmacy or issued and
signed electronically where permissible by law. No pharmacist may refill a Schedule II controlled
drug prescription Repealed.

Source: SL 1975, ch 16, § 1; transferred from § 20:51:05:02, 8 SDR 101, effective February
28, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 92, effective January 6, 2000;
40 SDR 40, effective September 16, 2013.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-11.
PHARMACISTS 20:51
15 20:51:05:18. Partial filling of prescription for Schedule II controlled drug. A pharmacist
may partially fill a prescription for a Schedule II controlled drug according to the procedures set
forth in §§ 44:58:08:18 and 44:58:08:18.01, 21 C.F.R. §§ 1306.12 and 1306.13 (January 24, 2024)
Repealed.

Source: 8 SDR 101, effective February 28, 1982; 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).
Law Implemented: SDCL 36-11-11.
Cross Reference: Prescriptions, chapter 44:58:08.

PHARMACISTS 20:51
16 20:51:05:19. Prescription required to dispense Schedule III or IV controlled drug --
Refill restricted. A pharmacist may not dispense a Schedule III or IV controlled drug without a
written, oral, or electronic prescription from a prescriber. The prescription may be delivered to a
pharmacist orally or by handwritten order, facsimile, or electronic equipment, if permitted by law.
A pharmacist or intern shall promptly reduce an oral prescription to a written record filed or
electronically recorded in the same manner as though it was a written prescription. The pharmacist
may refill the prescription, if authorized on the prescription, up to five times within six months after
the date of issue. The partial dispensing of refills may not exceed the total amount authorized on the
prescription. Each refill must be entered on the back of the prescription or captured electronically
and must indicate the quantity dispensed, the date refilled, and the initials or name of the dispensing
pharmacist. After six months or the dispensing of all authorized refills, whichever comes first, a new
controlled drug prescription is required, either orally, in writing, or electronically, if permitted by
law, from the prescriber. Any prescription renewed by the prescriber is considered a new and
separate prescription, must be assigned a new serial number, and is subject to the restrictions in this
section.
If a prescription software platform is used to maintain patient files, the program must provide
retrieval of original prescription information for those prescription orders that are currently
authorized for refilling. The original hard copy, facsimile, or electronic prescription must be stored
at the pharmacy and maintained for two years from the last dispensing date. The identity of the
pharmacist dispensing a refill must be included in the record.
A pharmacist may not fill an expired prescription for a controlled drug prior to authorization
from the prescriber Repealed.
PHARMACISTS 20:51
17 Source: 8 SDR 101, effective February 28, 1982; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 26 SDR 92, effective January 6, 2000; 40 SDR 40, effective September 16, 2013; 50 SDR
138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-68.
Law Implemented: SDCL 36-11-2.2, 36-11-20, 36-11-68.

PHARMACISTS 20:51
18 20:51:05:20. Legend drug to be dispensed by prescription only -- Refill restricted. A
pharmacist may dispense a legend drug or medicine only pursuant to the written, oral, or electronic
prescription of a licensed prescriber. A prescription may be delivered to a pharmacist by handwritten
order, facsimile, or electronic equipment, if permitted by law. A pharmacist or intern shall reduce
an oral prescription promptly to a written record filed or electronically recorded in the same manner
as a written prescription. A noncontrolled legend drug prescription may not be refilled except as
designated in the original prescription or as subsequently authorized by the prescriber and not after
twelve months from the original issue date. Each refill must be entered on the back of the original
prescription or captured electronically and must indicate the quantity dispensed, the date refilled,
and the initials or name of the dispensing pharmacist. If the prescriber is unable to be contacted to
authorize refills, the pharmacist may fill up to a thirty-day supply of a noncontrolled legend drug, if
in the professional judgement of the pharmacist, the drug is necessary to maintain the patient’s
health.
If a prescription software program is used to maintain patient files, the program must provide
on-line retrieval of all original prescription information for those prescription orders that are
currently authorized for refilling. The identity of the pharmacist refilling the prescription must be
included in the record. The original hard copy, facsimile, or electronic version must be filed and
retained for two years from the last dispensing date. The prescription software program must contain
daily back-up functionality to protect against record loss and have the capability to print the
documentation of the record at the board's request.
A prescription renewed by the prescriber is a new and separate prescription, must be assigned
a new serial number, and is subject to the same restrictions in this section Repealed.
PHARMACISTS 20:51
19 Source: SL 1975, ch 16, § 1; transferred from §§ 20:51:05:06 and 20:51:05:07, 8 SDR 101,
effective February 28, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 92, effective
January 6, 2000; 40 SDR 40, effective September 16, 2013; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1), 36-11-68.
Law Implemented: SDCL 36-11-2.2, 36-11-20, 36-11-68.

PHARMACISTS 20:51
20 20:51:05:21. Labeling of prescription container for controlled or noncontrolled legend
drug. A pharmacist filling a prescription for a controlled or noncontrolled legend drug shall attach
to each container a label showing the comprising:
(1) The date, the dispensed;
(2) The name, address, and telephone number of the pharmacy; the
(3) The serial number of the prescription; the
(4) The name of the prescriber; the
(5) The name of the patient; the
(6) The directions for, and precautions, if any, when using the drug; the
(7) The name, strength, and quantity of the drug; the
(8) The number of refills remaining; and the
(9) The initials of the dispensing pharmacist.
All drugs dispensed for a specific nursing facility patient, including over-the-counter
medications, are considered prescription medications and must be labeled as required in
§ 44:73:08:04.

Source: 8 SDR 101, effective February 28, 1982; 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), 36-11-46.6.
Law Implemented: SDCL 36-11-46.6.
Cross Reference: Storage and labeling of medications and drugs, § 44:73:08:04.



PHARMACISTS 20:51
21 CHAPTER 20:51:06
PHARMACY PRACTICE AND LICENSURE
Section
20:51:06:01 Application for pharmacy license -- Annual renewal required.
20:51:06:02 Ownership or control by pharmacist required, Repealed.
20:51:06:02.01 Pharmacist-in-charge -- Definitions -- Duties.
20:51:06:03 Application for opening a new pharmacy.
20:51:06:04 Grounds for suspending or revoking, Repealed.
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 License expires one hundred twenty days after death of pharmacist owner,
Repealed.
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.




PHARMACISTS 20:51
22 20:51:06:01. Application for pharmacy license -- Annual renewal required. A pharmacist
operating a pharmacy in this state shall apply, on forms provided by the board, each year to the board
for a license to operate the pharmacy. The fee for initial licensure is two hundred dollars and the fee
for license renewal is two hundred dollars. The initial licensure and renewal fees are non-refundable.

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; 52 SDR 27, effective
September 15, 2025.
General Authority: SDCL 36-11-11(3), 36-11-32, 36-11-35.
Law Implemented: SDCL 36-11-32, 36-11-35.


PHARMACISTS 20:51
23 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 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 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(3).
Law Implemented: SDCL 36-11-32, 36-11-34.
PHARMACISTS 20:51
24 20:51:06:02.01. Pharmacist-in-charge -- Definition -- Duties. An application for a 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 licensed in this state who has been designated by the pharmacy owner, as defined in
SDCL 36-11-2.
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 as specified
in § 20:51:06:02.

Source: 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024; 52 SDR
27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-2, 36-11-32, 36-11-34, 36-11-37.


PHARMACISTS 20:51
25 20:51:06:04. Grounds for suspending or revoking. 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 or
revocation of the pharmacy license Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-44, 36-11-48.

PHARMACISTS 20:51
26 20:51:06:09. Permit expires one hundred twenty days after death of pharmacist owner.
Except in the event of the death of the pharmacist owner, a pharmacy license is void if the pharmacist
owner ceases to be in active management of the pharmacy. If a pharmacist owner dies, the pharmacy
may not be kept open for business without a pharmacist on duty and in charge. A pharmacy license
in the name of a deceased pharmacist becomes void unless transfer of the license has been made
within the one hundred twenty-day period to a pharmacist owner Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 50 SDR 138,
effective June 2, 2024; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-38.












PHARMACISTS 20:51
27 20:51:06:10. Provisions for pharmacist temporary absence from pharmacy. Where the
premises includes a 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; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-44, 36-11-48(2)(6).


PHARMACISTS 20:51
28 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 Reserved
20:51:13:06 Off-site medication control in a hospital or medical clinic -- Approval --
Requirements.
20:51:13:07 Remote drop site -- Designation -- Ownership.
20:51:13:08 Remote drop site -- Board approval.
20:51:13:09 Remote drop site -- Requirements.
20:51:13:10 Remote drop site -- Recordkeeping.
20:51:13:11 Remote drop site -- Adverse issues and investigation -- Suspension.


PHARMACISTS 20:51
29 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 recordkeeping. For medications to be maintained off-site in a hospital
or medical clinic, State Board of Pharmacy approval must be granted.
To receive board approval, the pharmacist-in-charge must submit documenation that includes
the following requirements: shall provide the board with the address of the hospital or clinic, a drug
list, and the drug quantities to be dispensed to patients.
To maintain board approval, the pharmacist-in-charge shall ensure:
(1) Address of the hospital or clinic;
(2) Drug list and drug quantities;
(3) Drugs be kept in a locked cabinet with access only by authorized licensed healthcare
professionals;
(4)(2) 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)(3) 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 precriber
prescriber must verify the drug and the directions prior to dispensing;
(6)(4) A written information sheet must be provided to the patient at time of dispensing for
each drug;
(7)(5) Inventory of all drugs stored off-site must include a record of each time a drug is
dispensed from the supply; and
(8)(6) Pharmacy staff must conduct A pharmacist conducts an on-site inspection at the off-
site location at least every ninety days. The inspection must verify the inventory of drugs, expiration PHARMACISTS 20:51
30 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.

Source: 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(3).
Law Implemented: SDCL 36-11-2.2, 36-11-14.
PHARMACISTS 20:51
31 20:51:13:07. Remote drop site -- Designation -- Ownership. A licensed pharmacy may designate
a remote drop site where a patient or a designated person may pick up a dispensed prescription. The
pharmacy utilizing the site retains ownership of any prescription packages deposited at the site until
received by the patient or designated person.

Source:
General Authority: SDCL 36-11-11(16).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-44, 36-11-74.

PHARMACISTS 20:51
32 20:51:13:08. Remote drop site -- Board approval. A licensed pharmacy must obtain approval
from the State Board of Pharmacy before utilizing a remote drop site.
To obtain approval, the pharmacist-in-charge shall submit the following to the board:
(1) The name, address, and license number of the pharmacy;
(2) The name and address of the remote drop site;
(3) The policies and procedures for the remote drop site; and
(4) Security measures for the site, including an image of the locked cabinet.
The pharmacist-in-charge must report to the board any changes to an approved remote drop site
regarding changes to policy and procedures or the security measures of the remote drop site.
Proposed changes to an approved remote drop site must be approved by the board prior to
implementation.

Source:
General Authority: SDCL 36-11-11(1)(16).
Law Implemented: SDCL 36-11-2.2(3), 36-11-44, 36-11-74.
PHARMACISTS 20:51
33 20:51:13:09. Remote drop site -- Requirements. If a licensed pharmacy utilizes a remote
drop site, the pharmacist-in-charge must ensure the following remote drop site requirements are met:
(1) The remote drop site has a locked cabinet for storage of prescription packages;
(2) Access to the locked cabinet is limited to trained designated staff;
(3) Prescription packages are placed in the locked cabinet immediately upon delivery to the
remote drop site;
(4) Only the minimum information needed to identify the patient is listed on the outside
packaging;
(5) The identity of the patient or designated person is picking up the prescription package is
documented on the prescription package log;
(6) The person picking up the prescription package signs the prescription package log;
(7) A designated staff member inventories the prescription packages at least weekly and
provides a list of unclaimed prescription packages to the pharmacy staff;
(8) A licensed or registered pharmacy staff member inspects the remote drop site for
compliance at least quarterly; and
(9) A licensed pharmacist inspects the remote drop site for compliance at least annually.

Source:
General Authority: SDCL 36-11-11(16).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-44, 36-11-74.
PHARMACISTS 20:51
34 20:51:13:10. Remote drop site -- Recordkeeping. A licensed pharmacy utilizing a remote
drop site must maintain the following records in the pharmacy:
(1) A list of all staff at the remote drop site who have been trained and have access to
prescription packages;
(2) A list of all prescription packages delivered to the remote drop site; and
(3) Documentation of required inspections.
These records must be retained for at least two years.

Source:
General Authority: SDCL 36-11-11(16).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-44, 36-11-74.
PHARMACISTS 20:51
35 20:51:13:11. Remote drop site -- Adverse issues and investigation -- Suspension. The
State Board of Pharmacy may inspect each remote drop site. Upon notification of any adverse issues
at a remote drop site, the board shall investigate the reported issue. Upon investigation, if the board
determines the remote drop site is not being maintained as approved, the board must notify the
pharmacist-in-charge, in writing, that the remote drop site approval is suspended pending full review
by the board at the next regularly scheduled meeting.

Source:
General Authority: SDCL 36-11-11(16).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-44, 36-11-74.


PHARMACISTS 20:51
36 CHAPTER 20:51:14
GENERAL ADMINISTRATION
Section
20:51:14:01 Annual pharmacist license renewal.
20:51:14:02 Repealed.
20:51:14:03 Repealed.
20:51:14:04 Equivalent drug products, Repealed.
20:51:14:05 Administrative rule waiver or modification -- Request -- Prohibitions -- Board
approval -- Notification.
20:51:14:06 Waiver application -- Requirements.
20:51:14:07 Granted waiver -- Annual review -- Adverse issue – Suspension and review.













PHARMACISTS 20:51
37 20:51:14:01. Annual pharmacist license renewal. The fee for an annual pharmacist license
renewal is one hundred twenty-five dollars. The fee is non-refundable.

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; 52 SDR 27, effective September 15,
2025.
General Authority: SDCL 36-11-23.
Law Implemented: SDCL 36-11-23.















PHARMACISTS 20:51
38 20:51:14:05. Administrative rule waiver or modification -- Request -- Prohibitions --
Board approval -- Notification. The State Board of Pharmacy may grant a waiver to modify or
waive the requirements of this article if the waiver improves the quality of or access to pharmacy
services. The board may not grant a waiver for licensure, registration, education, or examination
requirements.
A request for a waiver must be presented to the board on a form provided by the board and
outlined in § 20:51:14:06. All waiver requests on behalf of a pharmacy must be submitted by the
pharmacist-in-charge. The board shall consider the waiver request at its next available regularly
scheduled meeting and may approve the waiver if:
(1) The waiver will improve the quality of or access to pharmacy services;
(2) The waiver will not adversely affect, directly or indirectly, the health, safety, or well-being
of the public; and
(3) The practices under the waiver are equivalent or superior to those prescribed by the rule being
waived or modified.
The board shall deny any waiver if the board determines the above requirements have not been
met.
If a waiver is granted, the board shall provide the licensee or pharmacist-in-charge with written
notice. The notice must be kept at the licensed pharmacy or practice location and be available for
review during any inspection by the board.

Source:
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-1, 36-11-10.
PHARMACISTS 20:51
39 20:51:14:06. Waiver application -- Requirements. A licensee or pharmacist-in-charge
requesting a waiver shall submit an application on a form provided by the State Board of
Pharmacy. The application shall include the following information:
(1) The license number of the licensee responsible for overseeing the waiver;
(2) The specific location where the waiver is to be implemented;
(3) The reason for the waiver request;
(4) A description of the process or practice that is being implemented at the location;
(5) The rule that needs to be waived or modified to improve quality or access through the new
process or practice;
(6) A description of how the process is to be monitored to ensure patient the health, safety, and
well-being of the public is not compromised; and
(7) The proposed timeframe for which the waiver is requested.

Source:
General Authority: SDCL 36-11-1, 36-11-11.
Law Implemented: SDCL 36-11-1, 36-11-10.







PHARMACISTS 20:51
40 20:51:14:07. Granted waiver -- Annual review -- Adverse issue -- Suspension and
review. The board shall review each waiver at least annually. Upon notification by the State Board
of Pharmacy, the board shall investigate the reported issue. Upon investigation, if the board
determines the requirements of § 20:51:14:05 are not upheld, the board shall notify the licensee or
pharmacist-in-charge, in writing, that the waiver is suspended pending full review by the board at
the next available regularly scheduled meeting. During the suspension, the licensee or pharmacist-
in-charge must ensure compliance with all rules in this article, regardless of any rule that was
waived.

Source:
General Authority: SDCL 36-11-1, 36-11-11.
Law Implemented: SDCL 36-11-1, 36-11-10.

PHARMACISTS 20:51
41 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, Repealed.
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 Part-time pharmacy license -- Fee -- Renewal.
20:51:15:11 Schedule of attendance by pharmacist.
20:51:15:12 Supervision Storage of drugs located in areas other than the 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.
20:51:15:18 Storage of a patient's own medication.

PHARMACISTS 20:51
42 20:51:15:02. Pharmaceutical services supervised by pharmacist. All pharmaceutical
services in a part-time pharmacy must be performed either by, or under the personal supervision of
a licensed pharmacist Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 52 SDR 27,
effective September 15, 2025.
General Authority: SDCL 36-11-11, 36-11-33.
Law Implemented: SDCL 36-11-33.
PHARMACISTS 20:51
43 20:51:15:10. Part-time pharmacy license -- Fee -- Renewal. The fee 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. The license and renewal fees are non-refundable.

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; 52 SDR 27, effective
September 15, 2025.
General Authority: SDCL 36-11-11(3), 36-11-33.
Law Implemented: SDCL 36-11-33.
PHARMACISTS 20:51
44 20:51:15:12. Supervision Storage of drugs located in areas other than the pharmacy.
Drugs and medications located in areas of a facility, other than in the pharmacy, must be under the
general supervision of the pharmacist-in-charge If a pharmacy in a hospital, nursing facility, or other
related facility stores drugs in a location other than the pharmacy and outside of an automated
mechanical distribution device, the pharmacist-in-charge must maintain the following information:
(1) Location of drugs;
(2) List of drugs at each location;
(3) A record of quarterly checks of all storage locations by pharmacy employees; and
(4) A list of authorized staff roles who have access to those drugs.

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).
Law Implemented: SDCL 36-11-33, 36-11-34.
PHARMACISTS 20:51
45 20:51:15:13. Access to pharmacy -- Records. Except as provided below, only a licensed
pharmacist may have access to the pharmacy.
If the pharmacist is absent from the hospital, nursing facility, hospice program, or other related
facility, a registered nurse or licensed practical nurse designated by the hospital, nursing facility,
hospice program, or other related facility may obtain, from the pharmacy, 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 to be checked by the pharmacist. These records must be 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; 52 SDR 27, effective September 15, 2025.
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.


PHARMACISTS 20:51
46 20:51:15:15. Pharmacist controls emergency drugs in health care facilities. A pharmacist
of a licensed pharmacy in a hospital, nursing facility, hospice program, or related facility may
provide, upon written request of the health care facility's prescribers, a defined supply of 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 the drugs from the pharmacy.
The emergency drugs must remain the property of the licensed pharmacy and must be stored on-site
in a suitable, controlled location in the health care facility. 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; 52 SDR 27, effective September 15,
2025.
General Authority: SDCL 36-11-11(1)(4), 36-11-33.
Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34.
PHARMACISTS 20:51
47 20:51:15:15.01. Pharmacist controls emergency kit in nursing facility. A licensed
pharmacy may provide to a nursing facility a limited quantity of controlled legend drugs, a limited
amount of noncontrolled legend drugs, and nonprescription drugs, for emergency and supportive
treatment, if requested in writing by the medical director. The provider pharmacy shall retain control
of all medications drugs provided in emergency kits.
The provider pharmacist shall comply with Emergency kits are governed by 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;
(3) There The provider pharmacy and nursing facility must be jointly have a policy in place
that outlining the timing of the nursing staff must notify notifying the provider pharmacy of any drug
taken from the emergency kit;
(4) The provider pharmacy staff shall inventory and restock the contents of the emergency kit
after reported use or at least monthly;
(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 to indicate 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; 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.
All other controlled and noncontrolled legend medications drugs must be obtained from a
pharmacy licensed to dispense to patients pharmacy of the patient's choosing pursuant to SDCL 34-
12B-1 and 34-12B-2. PHARMACISTS 20:51
48
Source: 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024; 52 SDR
27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(4).
Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34.


PHARMACISTS 20:51
49 20:51:15:18. Storage of a patient's own medication. The pharmacist-in-charge of a
pharmacy in a hospital, nursing facility, hospice program, or related facility shall have a policy and
procedure in place regarding medications brought into the facility by a patient. For patient's own
medications that are controlled substances, the policy must state that an inventory is taken and a
physical count of each controlled medication is included. The medications must be stored in a
manner that prevents unintended access by the patient and others, harm, theft, or diversion.
The patient's health record must contain documentation that the patient's home medications are being
stored.

Source:
General Authority: SDCL 36-11-11.
Law Implemented: SDCL 36-11-2.2(3), 36-11-10, 36-11-33.
PHARMACISTS 20:51
50 CHAPTER 20:51:17
AUTOMATED MECHANICAL DISTRIBUTION AND DISPENSING DEVICES
Section
20:51:17:01 Definitions.
20:51:17:01.01 Approval for use of automated mechanical distribution device, Repealed.
20:51:17:01.02 Pharmacist shall review first-dose prescription drug order -- Exception.
20:51:17:02 Procedures for distributing or dispensing drugs in automated mechanical
distribution and automated prescription dispensing device.
20:51:17:03 Stand-alone automated mechanical distribution device and automated prescription
dispensing device -- License required.

PHARMACISTS 20:51
51 20:51:17:01.02. Pharmacist shall review first-dose prescription drug order -- Exception.
The first dose of a prescription drug may not be removed from an automated mechanical distribution
device until a pharmacist has reviewed the prescriber's orders. In a health care facility, medical staff
may request, in writing, a defined number of drugs that may be removed without review by a
pharmacist in an emergency situation.

Source: 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(5).
Law Implemented: SDCL 36-11-2.2, 36-11-34 36-11-2.2(3).

PHARMACISTS 20:51
52 20:51:17:02. Procedures for distributing or dispensing drugs in automated mechanical
distribution and automated prescription dispensing device. Drugs may be distributed or
dispensed by an automated mechanical distribution device or by an automated prescription
dispensing device under the following conditions:
(1) The automated device is controlled by the pharmacist-in-charge. The pharmacist-in-
charge shall develop policies and procedures to address all situations in which drugs are stocked,
secured, removed, and accounted for;
(2) The automated device must be stocked with a supply of drugs by a pharmacist or a person
authorized by the pharmacist-in-charge. The pharmacist shall maintain electronic or written
stocking, distribution, and dispensing records;
(3) The pharmacist-in-charge shall designate the persons who have access to all or part of the
automated device in which drugs or medicines are stored;
(4) All drugs stored in the device must be correctly labeled. The label must contain the
following information:
(a) The name of each drug;
(b) The strength of each drug;
(c) The manufacturer's lot or internal control number of each drug; and
(d) The expiration date of each drug; and
(5) When using automated mechanical or electronic devices as pharmaceutical tools, the
pharmacy must arrange to provide pharmaceutical services if the device fails; and.
(6) Notwithstanding any provisions of this section, the pharmacist-in-charge of the pharmacy
is responsible for maintaining and enforcing written procedures that establish safeguards for
distributing or dispensing drugs and medicines through the automated device.
PHARMACISTS 20:51
53 Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 32,
effective September 14, 1995; 26 SDR 92, effective January 6, 2000; 50 SDR 138, effective June 2,
2024.
General Authority: SDCL 36-11-11(5), 36-11-72(6).
Law Implemented: SDCL 36-11-2.2, 36-11-34, 36-11-2.2(3), 36-11-46.4, 36-11-46.6.
PHARMACISTS 20:51
54 20:51:17:03. Stand-alone automated mechanical distribution device and automated
prescription dispensing device -- License required. When If a stand-alone automated mechanical
distribution device or an automated prescription dispensing device is used to store, distribute,
dispense, or track drugs, where and there is no pharmacy license on the premises, the owner of the
device must apply to the board to license the automated device as a pharmacy.

Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(5), 36-11-72(6).
Law Implemented: SDCL 36-11-30, 36-11-33, 36-11-34.
PHARMACISTS 20:51
55 CHAPTER 20:51:19
CONTINUING EDUCATION
Section
20:51:19:01 Continuing professional education defined.
20:51:19:02 Active pharmacist defined, Repealed.
20:51:19:03 Hours required.
20:51:19:03.01 Extension of time for good cause.
20:51:19:04 Hours defined.
20:51:19:05 Pharmacists keep own records.
20:51:19:05.01 Audit to verify hours earned.
20:51:19:06 Continuing education from other states.
20:51:19:07 Newly licensed registrants.
20:51:19:08 Different ways of obtaining accredited continuing education hours, Repealed.
20:51:19:09 Sponsors defined.
20:51:19:10 Program approval.
20:51:19:11 Forms required for continuing education sponsors.
20:51:19:12 Program changes.
20:51:19:13 Frequency of participation.
20:51:19:14 Attendance by board or council members.
20:51:19:15 Sponsors' records.
20:51:19:16 Sponsor to provide list of pharmacists and technicians attending program.


PHARMACISTS 20:51
56 20:51:19:02. Active pharmacist defined. An active pharmacist is a licensed pharmacist
practicing pharmacy according to SDCL 36-11-2(1) Repealed.

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.
Law Implemented: SDCL 36-11-23.2.
PHARMACISTS 20:51
57 20:51:20:01. Input of drug information into prescription software program to be by
pharmacist or under supervision of pharmacist. Only a pharmacist, registered technician, or
certified pharmacy intern may input prescription information into a prescription software platform.
The A pharmacist must certify the accuracy of the information entered and verify the prescription
order. The identity of the pharmacist must be included in the record.

Source: 5 SDR 77, effective March 20, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(12), 36-11-68.
Law Implemented: SDCL 36-11-2.2(1)(3), 36-11-25, 36-11-34, 36-11-68.


PHARMACISTS 20:51
58 20:51:20:02. Requirements for storing prescription information. If a prescription
software platform is used to store prescription information, the platform must:
(1) Maintain the confidentiality and integrity of the information contained in the platform;
(2) Be capable of producing a hard-copy daily summary of controlled substance transactions;
(3) Provide on-line online retrieval of original prescription order information for those
prescription orders that are currently authorized for refilling;
(4) Be capable of recording and storing all dates of any prescription refill and the initials of the
pharmacist, as required by §§ 20:51:05:18 to 20:51:05:20, inclusive;
(5) Be capable of producing a patient profile indicating all drugs being dispensed and the date
of all prescription refills; and
(6) Be capable of being reconstructed in the event of a computer malfunction or accident
resulting in destruction of the platform.

Source: 5 SDR 77, effective March 20, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(12), 36-11-68.
Law Implemented: SDCL 36-11-68.
PHARMACISTS 20:51
59 CHAPTER 20:51:21
UNIT DOSE SYSTEMS
Section
20:51:21:01 Definitions.
20:51:21:01.01 Prepackaging and repackaging.
20:51:21:02 Transferred.
20:51:21:03 Pharmacist to interpret original order of practitioner, Repealed.
20:51:21:04 Repealed.
20:51:21:05 Labeling of unit dose and unit of issue package -- Relabeling of unit dose and unit
of issue system.
20:51:21:05.01 Recall of a drug in unit dose distribution system.
20:51:21:05.02 Manufacturer packaging.
20:51:21:06 Pharmacist to maintain drug profile.
20:51:21:07 Pharmacist to be responsible for delivery of medications drugs to healthcare
facility.
PHARMACISTS 20:51
60 20:51:21:01.01. Prepackaging and repackaging. In a pharmacy, prepackaging and
repackaging may be done only by a:
(1) A pharmacist. An; or
(2) A certified pharmacy intern or a registered pharmacy technician may perform
prepackaging and repackaging, under the direct immediate supervision of a pharmacist. All
packaged drugs may be dispensed or distributed only from the premises where the drugs are
prepackaged or repackaged. Such The prepackaged or repackaged drugs may only be distributed to
a location that is under the same ownership as, or is affiliated with, the premises where drugs are
prepackaged or repackaged. Any container used for prepackaging or repackaging must meet United
States Pharmacopeia compendium requirements. A drug's packaging must meet the requirements of
§ 20:51:13:02.01 for the drug to be returned for credit or redispensing.
For purposes of this section:
(1) "Prepackaged, "prepackage," means to prepare a drug in a container for dispensing, prior
to the receipt of an order. The packaging may be in a unit dose, single dose, or unit of issue package
for use in a unit dose dispensing system, in a container suitable for a traditional dispensing system,
or in a customized patient drug package; and.
(2) "Repackaged For purposes of this section, "repackage" means to prepare a unit dose,
single dose, unit of issue package, customized patient drug package, or traditional dispensing system
package for dispensing pursuant to an existing order.

Source: 29 SDR 37, effective September 26, 2002; 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1).
Law Implemented: SDCL 36-11-2.2 36-11-2.2(3), 36-11-46.6.

PHARMACISTS 20:51
61 20:51:21:07. Pharmacist to be responsible for delivery of medications drugs to
healthcare facility. A pharmacist is responsible for the delivery of medications drugs packaged in
a unit dose or unit of issue system to a healthcare facility. Drugs must be delivered before the
scheduled time of administration to the patient.

Source: 8 SDR 5, effective July 26, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986;
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 36-11-34 36-11-2.2(1)(3).

PHARMACISTS 20:51
62 20:51:22:05. Support personnel. Support Pharmacy support personnel are those persons
other than a licensed pharmacist, a registered certified pharmacy intern, or a registered pharmacy
technician, who may perform delivery, billing, custodial, maintenance, clerical or other nontechnical
duties assigned by the pharmacist under the pharmacist's general supervision including delivery,
billing, cashier, custodial, maintenance, and clerical functions.
Appropriately trained pharmacy support personnel may perform the following nontechnical
functions involving the handling of prescription drugs, delegated to them by the pharmacist:
(1) Placing a prescription container into a bag or sack for delivery to the patient as part of the
sales transaction after the accuracy of the prescription has been verified by the pharmacist;
(2) Opening drug shipments and affixing appropriate inventory or price stickers to drug stock
bottles or containers;
(3) Answering telephones and filing processed, hard-copy prescriptions and other pharmacy
records;
(4) Receiving a patient’s patient's request for a prescription refill, excluding the processing of
the refill request; and
(5) Delivering drugs to patient care areas, long-term care facilities, patient residences, or
patient employment locations, excluding the restocking of automated medication distribution
systems.

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), 36-11-25 36-11-1, 36-11-2.2, 36-11-10.
PHARMACISTS 20:51
63 20:51:22:06. Identification of pharmacy support personnel. A pharmacy support person
shall, while on duty, wear a visible identification badge that clearly identifies the person as a
pharmacy support person and depicts the person’s person's first name.

Source: 50 SDR 138, effective June 2, 2024.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(26), 36-11-25 36-11-1, 36-11-10.


PHARMACISTS 20:51
64 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 36-11-32;
(4) A list of all other states in which the pharmacy is licensed;
(5) A description of pharmacy services provided to patients located in South Dakota this state;
and
(6) An The results of 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 which has been conducted on-site at the nonresident pharmacy within the last
four years, and any deficiencies on the inspection that require required corrective action.

Source: 24 SDR 40, effective October 5, 1997; 50 SDR 138, effective June 2, 2024; 52 SDR
27, effective September 15, 2025.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-19.3, 36-11-19.4.

PHARMACISTS 20:51
65 20:51:27:03. Application fee. The fee to accompany the initial application for a nonresident
pharmacy license and each application for renewal is two hundred dollars. The fees are non-
refundable.

Source: 24 SDR 40, effective October 5, 1997; 24 SDR 160, effective May 26, 1998; 50 SDR
138, effective June 2, 2024.
General Authority: SDCL 36-11-11(3), 36-11-19.3, 36-11-19.5.
Law Implemented: SDCL 36-11-19.3, 36-11-19.5.


PHARMACISTS 20:51
66 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 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; 52 SDR
27, effective September 15, 2025.
General Authority: SDCL 36-11-11(3).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-19.3, 36-11-19.5, 36-11-37, 36-11-39.
PHARMACISTS 20:51
67 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 pharmacy technician by the board defined in § 20:51:29:00 State
Board of Pharmacy as set forth in § 20:51:29:06;
(2) Has successfully completed an immunization training program approved by the board for
technicians;
(3) Is certified in cardiopulmonary resuscitation;
(4) Is directly immediately supervised by an on-site a 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; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13), 36-11-19.1(1) 36-11-19.1.
Law Implemented: SDCL 36-11-2(22) 36-11-1, 36-11-2(23), 36-11-10, 36-11-19.1(1).







PHARMACISTS 20:51
68 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 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 Initial and renewal registration fee fees.
20:51:29:13 Expiration of registration -- Requirements for renewal -- Continuing education.
20:51:29:14 Registration 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.
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. PHARMACISTS 20:51
69 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.
PHARMACISTS 20:51
70 20:51:29:00. Definitions. Terms used in SDCL 36-11-2 have the same meaning when used
in this chapter:
(1) “"Certified technician,”" an individual described in SDCL subdivision 36-11-2(22) who
has gained certification through training and examination pursuant to § 20:51:29:06; and
(2) As Additionally, as used in this chapter, "pharmacy intern" has the definition set forth in
§ 20:51:02:04 20:51:02:01.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(22) 36-11-1, 36-11-2, 36-11-10, 36-11-25.













PHARMACISTS 20:51
71 20:51:29:03. Initial application for registration. Any individual must submit an initial
application for registration as a pharmacy technician to the board within thirty days of accepting
employment as a pharmacy technician in a licensed pharmacy located in South Dakota as a pharmacy
technician.
The board may issue an initial pharmacy technician registration to any individual who is:
(1) Sixteen years of age or older; and
(2) Employed by a full-time or part-time pharmacy or enrolled in a pharmacy technician job
exploration program through the high school the individual is attending.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012;
50 SDR 138, effective June 2, 2024; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(22)(23).
PHARMACISTS 20:51
72 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 must be on a form approved by the board and be accompanied by
the fee set forth in § 20:51:29:12.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024; 52
SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(22)(23), 36-11-11(13).
PHARMACISTS 20:51
73 20:51:29:12. Initial and renewal registration fee fees. The fee for initial registration as a
pharmacy technician is twenty-five dollars. The renewal fee for registration is twenty-five dollars.
The registration fee must be paid at the time the initial application or the renewal application is
submitted. The fees paid to the board are non-refundable.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024; 52
SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-2(22)(23), 36-11-11(13).

PHARMACISTS 20:51
74 20:51:29:13. Expiration of registration -- Requirements for renewal -- Continuing
education. Registration as a pharmacy technician expires on October thirty-first and must be
renewed annually. Any registration not renewed 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, within the last twenty-four months, six hours of continuing
education within the last twenty-four months that have not previously been utilized as continuing
education needed education credit for a 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; 52
SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-1, 36-11-2(22)(23), 36-11-10.
PHARMACISTS 20:51
75 20:51:29:14. Registration verification. The pharmacist-in-charge of each a pharmacy utilizing
a registered 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; 52 SDR
27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-1, 36-11-2(22)(23), 36-11-2.2, 36-11-34 36-11-10.


PHARMACISTS 20:51
76 20:51:29:16. Training and utilization of pharmacy technicians. The pharmacist-in-charge
of a pharmacy utilizing a registered pharmacy technician shall ensure that a registered pharmacy the
technician receives adequate training in the tasks performed by technicians working at that
pharmacy. A licensed pharmacy employing a registered pharmacy technician shall develop,
implement, and periodically review written policies and procedures for training and utilizing
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 registerd 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; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1)(13).
Law Implemented: SDCL 36-11-1, 36-11-2(22)(23), 36-11-10.

PHARMACISTS 20:51
77 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 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, Repealed.



PHARMACISTS 20:51
78 20:51:30:02. Application for remote pharmacy site. No remote pharmacy may be
established, operated, or maintained unless the board issues a without a remote pharmacy license
issued by the State Board of Pharmacy. An application for licensure to establish, operate, or maintain
a remote pharmacy shall must be made on a form provided by the board. The applicant shall submit
an initial, non-refundable license fee of $200 two hundred dollars and provide a set of blueprints and
documentation showing that all requirements of this chapter have been met. The applicant shall
demonstrate to the board that there is limited or no access to pharmacy services in the community
where the remote pharmacy is to be located. When considering whether to approve an application,
the board shall consider the needs of the community. The board shall approve or disapprove an
application within 60 sixty days of receipt.

Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-11(1), 36-11-72(1).
Law Implemented: SDCL 36-11-1, 36-11-10, 36-11-30, 36-11-71(2), 36-11-72(1).
PHARMACISTS 20:51
79 20:51:30:03. Ownership or control by pharmacist required. The board State Board of
Pharmacy may not issue a license to conduct a remote pharmacy to any pharmacist applicant unless
the pharmacist applicant is an owner, or part owner, of the place of business from which the
pharmacist will is to practice telepharmacy, or unless the non-pharmacist owner of the place of
business from which the pharmacist will is to practice telepharmacy files an affidavit outlined in
SDCL subdivision 36-11-34(3) 36-11-32(1) for the license year ending June thirtieth.

Source: 35 SDR 183, effective February 2, 2009; 52 SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1), 36-11-72(1).
Law Implemented: SDCL 36-11-34, 36-11-72(1) 36-11-1, 36-11-10, 36-11-32, 36-11-71(2).
PHARMACISTS 20:51
80 20:51:30:05. License renewal. A remote pharmacy license expires on June 30 thirtieth of
each year and may be renewed annually by filing an application provided by the board State Board
of Pharmacy. The non-refundable renewal fee is $200 two hundred dollars.

Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 36-11-72(1).
Law Implemented: SDCL 36-11-72(1)(a).

PHARMACISTS 20:51
81 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 barcoding system or its equivalent.
Policies and procedures consistent with § 20:51:17:02 regarding the operation of the automated
mechanical 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 Repealed.

Source: 35 SDR 183, effective February 2, 2009; 50 SDR 138, effective June 2, 2024; 52
SDR 27, effective September 15, 2025.
General Authority: SDCL 36-11-11(1), 36-11-72(5)(6).
Law Implemented: SDCL 36-11-2.2, 36-11-71.

PHARMACISTS 20:51
82 CHAPTER 20:51:34
CONTESTED CASE HEARING PROCEDURES
(Repealed)
Section
20:51:34:01 Applicability, Repealed.
20:51:34:02 Petitions for hearing, Repealed.
20:51:34:03 Filing of petitions for hearing, Repealed.
20:51:34:04 Scheduling of hearing, Repealed.
20:51:34:05 Hearing procedure, Repealed.
20:51:34:06 Final board decision, Repealed.
20:51:34:07 Notice of decision, Repealed.
20:51:34:08 Assessment of costs of disciplinary hearings, Repealed.
20:51:34:09 Board member conflict of interest, Repealed.
20:51:34:10 Board member potential conflict of interest, Repealed.










PHARMACISTS 20:51
83 20:51:34:01. Applicability. The following procedure applies to contested case proceedings
for license, registration, or certificate applications and to disciplinary proceedings before 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 36-11-28, 36-11A-45.
















PHARMACISTS 20:51
84 20:51:34:02. Petitions for hearing. An applicant for a license, registration, or certificate
issued by the board may file a petition for hearing at any time during the processing of an application.
The executive secretary may file a petition for hearing to initiate a disciplinary proceeding against a
licensee or registrant. A petition for hearing shall be signed by the petitioner and contain the
following information: the name and address of the applicant, licensee, or registrant; the basis for
the request for hearing; recitation of the applicable statutes or regulations under which the petitioner
is requesting board action; and the relief requested by the petitioner Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (l3).
Law Implemented: SDCL 36-11-28, 36-11A-45.
PHARMACISTS 20:51
85 20:51:34:03. Filing of petitions for hearing. All petitions for hearng shall be filed with the
executive secretary, who shall maintain the record of contested case proceedings held before 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 36-11-28, 36-11A-45.
PHARMACISTS 20:51
86 20:51:34:04. Scheduling of hearing. Upon receipt of a petition for hearing, the board
president may appoint an examiner to conduct the contested case hearing, or may schedule the
contested case hearing before the board, as authorized by applicable statutes Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-28, 36-11A-45.
PHARMACISTS 20:51
87 20:51:34:05. Hearing procedure. Contested case hearings shall be conducted in accordance
with SDCL chapter 1-26. The parties to a hearing are the executive secretary and the applicant,
licensee or registrant. A board member who has participated in any investigation of the matter before
the board shall be disqualified from all deliberations and decisions Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-28, 36-11A-45.
PHARMACISTS 20:51
88 20:51:34:06. Final board decision. If the board hears the proceeding, the board shall issue a
final decision and require the parties to submit proposed findings of fact and conclusions of law for
consideration at the board's next meeting. If a hearing examiner hears the proceeding, the examiner
shall issue a proposed decision including findings of fact and conclusions of law. The examiner shall
serve the proposed decision upon the board and the parties. The board may request that the parties
appear before the board to present oral arguments and objections to the examiner's proposed
decision. The board shall issue a final decision and accept, reject, or modify the findings,
conclusions, and decisions of the examiner Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-28, 36-11A-45.
PHARMACISTS 20:51
89 20:51:34:07. Notice of decision. The board shall issue a notice of decision, accompanied by
the final board decision and findings of fact and conclusions of law, to the applicant, licensee, or
registrant and executive secretary Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-l 1-11(1)(2)(3)(10) and (13).
Law Implemented: SDCL 36-11-28, 36-11A-45.
PHARMACISTS 20:51
90 20:51:34:08. Assessment of costs of disciplinary hearings. The board may assess the costs
associated with a contested case proceeding resulting in disciplinary action, against a licensee or
registrant upon motion by the executive secretary. If requesting the assessment of costs, the
executive secretary shall present a statement of costs to the board or hearing examiner at the time
the board or hearing examiner submits proposed findings of fact and conclusions of law Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-l1-11(1)(2)(3)(10) and (l3).
Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.
PHARMACISTS 20:51
91 20:51:34:09. Board member conflict of interest. A board member may not participate in a
contested case proceeding or disciplinary action if the board member:
(1) Is personally related to a party involved in the contested case proceeding or disciplinary
action by two degrees of consanguinity;
(2) Has a direct financial interest in a party involved in the contested case proceeding or
disciplinary action through employment or by contract;
(3) Directly supervises and is responsible for peer review of a party involved in the contested
case proceeding or disciplinary action; or
(4) Has a spouse who has a direct financial interest in or directly contracts with a party
involved in the contested case proceeding or disciplinary action. If a conflict of interest exists, the
member shall make an oral statement of recusal on the record at the initiation of the hearing.
A recused member may not participate in board discussions or decision-making regarding that
contested case proceeding or disciplinary 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 36-11-28, 36-11A-14, 36-11A-45.

PHARMACISTS 20:51
92 20:51:34:10. Board member potential conflict of interest. A potential conflict of interest
is an indirect financial interest, or a personal relationship or another interest in a party involved in a
contested case proceeding or disciplinary action that is different from that of the general public, and
that a reasonable person would believe might result in bias or prejudgment. A board member shall
disclose any potential conflict of interest in a contested case proceeding or disciplinary action on the
record at the initiation of the hearing, or during the hearing, if the board member becomes aware of
the existence of a potential conflict of interest at that time. Upon the board's own motion or the
motion of a party, and considering the rule of necessity if maintenance of a quorum is an issue, the
board may recuse a member with a potential conflict of interest if the board determines that the
potential conflict of interest raises an unacceptable risk of bias or prejudgment in the contested case
proceeding or disciplinary action Repealed.

Source: 45 SDR 86, effective December 24, 2018.
General Authority: SDCL 36-11-11(1)(2)(3)(10) and (l3).
Law Implemented: SDCL 36-11-28, 36-11A-14, 36-11A-45.