20:51:14:05Administrative 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: 53 SDR 13, effective August 16, 2026.