The amendment is a minor cleanup that corrects formatting and punctuation errors—specifically changing slash-separated terms like "pharmacist/, patient/," to comma-separated format "pharmacist, patient," and fixing a chapter reference from "39-29 18" to "39-18"—without altering the bill's substantive purpose of modifying pharmacy practice provisions.
26.361.19 26.361.20 101st Legislative Session 14 2026 South Dakota Legislature Senate Bill 14 Introduced by: The Chair of the Committee on Health and Human Services at the request of the State Board of Pharmacy Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify provisions related to the practice of pharmacy. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 36-11-2 be AMENDED: 3 36-11-2. Terms used in this chapter mean: 4 (1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018); 5 (2) "Board," the State Board of Pharmacy; 6 (3) "Brand name," the proprietary or registered trademark name given to a drug 7 product by its manufacturer, labeler, or distributor and placed on the drug or on 8 its container, label, or wrapping at the time of packaging; 9 (4) "Compounding," the preparation, mixing, assembling, packaging, or labeling of a 10 drug or drug device, as the result of a practitioner's prescription drug order or an 11 initiative based on the pharmacist/, patient/, pharmacist, patient, and practitioner relationship in the 12 course of professional practice, or for the purpose of or as an incident to research, 13 teaching, or chemical analysis, and not for sale or dispensing. The term also 14 includes the preparation of drug or drug devices in anticipation of prescription drug 15 orders based on routine, regularly observed prescribing patterns; 16 (5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device 17 from one person to another, whether or not for a consideration; 18 (6) "Dispensing," the preparation and delivery of a drug to a patient or a patient's 19 agent pursuant to a prescription drug order in a suitable container with appropriate 20 labeling for subsequent administration to or use by a patient. The term includes 21 preparation of labels for drug devices if the labeling is related to the dosage and 22 administration of drugs; 23 (7) "Distributing," the delivery of a drug or drug device other than by administration 24 or dispensing; 25 26.361.19 26.361.20 2 14 Underscores indicate new language. Overstrikes indicate deleted language. SB14 ENROLLED (8) "Drug administration," the direct application of a drug or drug device by injection, 1 inhalation, ingestion, or any other means to the body of a patient or research 2 subject; 3 (9) "Drug device," equipment, a process, a biotechnological entity, a diagnostic agent, 4 or other product used in combination with a drug to provide effective management 5 of medication regimens; 6 (10) "Equivalent drug product," a drug product, other than a biological product, that is 7 considered to be therapeutically equivalent to other pharmaceutically equivalent 8 products as determined by the edition of Approved Drug Products with Therapeutic 9 Equivalence Evaluations adopted by the board through rules promulgated pursuant 10 to chapter 1-26; 11 (11) "Interchangeable biological product," a biological product that the United States 12 Food and Drug Administration either has licensed and determined meets the 13 standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), (January 1, 14 2018), or has determined is therapeutically equivalent, as set forth in the edition 15 of Approved Drug Products with Therapeutic Equivalence Evaluations as adopted 16 by the board through rules promulgated pursuant to chapter 1-26; 17 (12) "Labeling," the process of preparing and affixing a label to any drug or drug device 18 container exclusive of the labeling by the manufacturer, packer, or distributor of a 19 nonprescription drug or commercially packaged legend drug or drug device; 20 (13) "Medicines," drugs or chemicals, or their preparations, in suitable form for the 21 prevention, relief, or cure of diseases when used either internally or externally by 22 man or for animals; 23 (14) "Nonprescription drugs," drugs that are labeled for use by the general public in 24 accordance with 21 U.S.C. § 352 (January 1, 2025), and may be sold without a 25 prescription drug order in accordance with 21 U.S.C. § 353 (January 1, 2025). The 26 term does not include drugs that are required by federal law to bear the statement 27 "Caution: federal law prohibits dispensing without prescription," drugs intended for 28 human use by hypodermic injection, or animal remedies regulated by chapter 39-29 18; 30 39-18; (15) "Patient counseling," oral communication by the pharmacist of information to the 31 patient or caregiver to improve therapy by ensuring proper use of drugs and drug 32 devices; 33 (16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient 34 care services intended to achieve outcomes related to curing or preventing a 35 26.361.19 26.361.20 3 14 Underscores indicate new language. Overstrikes indicate deleted language. SB14 ENROLLED disease, eliminating or reducing a patient's symptoms, or arresting or slowing a 1 disease process; 2 (17) "Pharmacist," a person licensed by the board to engage in the practice of 3 pharmacy; 4 (18) "Pharmacist-in-charge," a pharmacist designated by a pharmacy owner to assume 5 full legal responsibility for all professional and facility operations; 6 (19) "Pharmacy," any place of business within or outside this state where drugs are 7 dispensed and pharmaceutical care is provided to residents of this state; 8 (19)(20) (20) "Practitioner," a person licensed, registered, or otherwise authorized by the 9 jurisdiction in which the person is practicing to prescribe drugs in the course of 10 professional practice; 11 (20)(21) (21) "Prescription drug order," a written or oral order of a practitioner for a drug or 12 drug device for a specific patient; 13 (21)(22) (22) "Proper name," the nonproprietary name for a biological product designated by 14 the United States Food and Drug Administration license for use upon each package 15 of the product; and 16 (22)(23) (23) "Registered pharmacy technician," a person registered by the board who is 17 employed by a pharmacy to assist pharmacists in the practice of pharmacy by 18 performing specific tasks delegated by and under the immediate personal 19 supervision and control of a pharmacist, as permitted by the board. 20 Section 2. That § 36-11-11 be AMENDED: 21 36-11-11. The Board of Pharmacy may shall promulgate rules pursuant to chapter 22 1-26: 23 (1) Pertaining to the practice of pharmacy; 24 (2) Relating to the sanitation of persons and establishments licensed under the 25 provisions of this chapter; 26 (3) Pertaining to establishments licensed under the provisions of this chapter wherein 27 any drug is compounded, prepared, dispensed, or sold; 28 (4) Providing for minimum equipment and standards of establishments licensed under 29 the provisions of this chapter; 30 (5) Pertaining to the sale of drugs by or through any mechanical device; 31 (6) In cooperation with other governmental agencies where there exists a joint 32 responsibility for protecting the public health and welfare; 33 (7) Pertaining to the sale of nonprescription drugs; 34 26.361.19 26.361.20 4 14 Underscores indicate new language. Overstrikes indicate deleted language. SB14 ENROLLED (8) To adopt such publications or supplements thereto, as shall from time to time be 1 deemed necessary to describe the drugs, medicines, prescription drugs, or 2 dispensing physician or other terms defined in § 36-11-2; 3 physician; (9) Pertaining to the posting of prescription prices on the premises of a pharmacy 4 department to provide consumers with comparative pricing information; 5 (10) Pertaining to the registration of drug wholesalers and manufacturers; 6 (11) Pertaining to home health care and service; 7 (12) Pertaining to computerized pharmacy; 8 (13) Pertaining to the registration of registered pharmacy technicians; an annual 9 registration fee not to exceed thirty dollars; and tasks that may not be delegated 10 by a licensed pharmacist to a registered technician; 11 (14) Redispensing Pertaining to the redispensing of pharmaceuticals; and 12 (15) Pertaining to the dispensing of biological products; and 13 (16) Pertaining to remote drop sites, as authorized in section 10 of this Act. 14 Section 3. That § 36-11-32 be AMENDED: 15 36-11-32. The board shall may issue a pharmacy license only to a pharmacist in 16 good standing, if the pharmacist: 17 to: (1) SubmitsA A pharmacist who is the owner, or part owner, of the merchandise and 18 fixtures of the place of business for which the pharmacy license is applied for, 19 provided: 20 (a) The pharmacist will serve as the pharmacist-in-charge; or 21 (b) The pharmacist has submitted an affidavit, on a form prescribed by the 22 board, delegating complete responsibility for the pharmaceutical services in 23 the place of business to another pharmacist-in-charge; or 24 (2) A non-pharmacist owner of the merchandise and fixtures of the place of business 25 for which the pharmacy license is applied for, provided the owner has submitted 26 an affidavit on a form prescribed by the board delegating complete responsibility 27 for the pharmaceutical services in the place of business to a pharmacist-in-charge. 28 The applicant for the pharmacy license shall submit a form prescribed by the board; 29 and 30 (2) Pays board and pay a fee, not to exceed two hundred dollars, set by the board in rules 31 promulgated in accordance with chapter 1-26. 32 Section 4. That § 36-11-33 be AMENDED: 33 26.361.19 5 14 Underscores indicate new language. Overstrikes indicate deleted language. 36-11-33. The board may issue to a pharmacist in good standing a license to 1 operate a part-time pharmacy in a hospital, nursing facility, or related facility, provided 2 that the pharmacy services are limited to inpatients or residents of the facility. 3 The board may issue a license under this section if: 4 26.361.20 5 14 SB14 ENROLLED (1) The pharmacist owner of the proposed pharmacy submits a form prescribed by the 5 board and pays a fee, not to exceed two hundred dollars, set by the board in rules 6 promulgated in accordance with chapter 1-26; and 7 (2) The merchandise and fixtures of the pharmacy are owned by a person other than 8 the pharmacist applying for the license owner: 9 (a) Is a pharmacist and will serve as the pharmacist-in-charge; or 10 (b) Submits an affidavit, on a form prescribed by the board, delegating 11 complete responsibility for the pharmaceutical services in the proposed 12 pharmacy to a pharmacist-in-charge. 13 The pharmacist pharmacist-in-charge must ensure all staff comply with the 14 provisions of this chapter and with minimum standards, as established by the board in 15 rules promulgated pursuant to chapter 1-26. 16 Section 5. That § 36-11-35 be AMENDED: 17 36-11-35. Each pharmacy license expires on June thirtieth following the date of 18 issue issuance. To renew a pharmacy license, the pharmacist owner must submit a 19 renewal application on or before June thirtieth on a form prescribed by the board, and pay 20 the renewal fee set by the board in rules promulgated in accordance with chapter 1-26, 21 but not exceeding two hundred dollars. If the renewal application and fee is submitted 22 after the expiration of the license, the board must assess a fifty-dollar late fee and may 23 reinstate the license. 24 If a majority ownership of the pharmacy changes, the new owners must, within 25 thirty days after ownership change: 26 (1) Submit the renewal application, indicating the change of ownership; and 27 (2) Pay the renewal fee established by the board as provided in this section. 28 Section 6. That § 36-11-37 be AMENDED: 29 36-11-37. A pharmacy license may be transferred to another pharmacist owner 30 may change the designation of the pharmacist-in-charge, provided an application for the 31 transfer of the license change is made upon a form prescribed by the board and upon 32 payment of a fifty dollar fee. The application for transfer must be filed with the board not 33 26.361.19 6 14 Underscores indicate new language. Overstrikes indicate deleted language. more than ten days after the transfer change of active management is made. If the 1 application for transfer is received by the board after ten days, the pharmacy license is 2 void, and the pharmacist owner must reapply for the license. 3 When a change in the designation of a pharmacist-in-charge occurs, an on-hand 4 inventory of controlled substances, as listed in chapter 34-20B, must be completed. The 5 inventory must be taken on the date the new pharmacist-in-charge assumes active 26.361.20 6 14 SB14 ENROLLED management of the pharmacy. The inventory list must be retained in the pharmacy for 7 two years from the date of the inventory. 8 Section 7. That § 36-11-38 be AMENDED: 9 36-11-38. In the event of the death of the pharmacist in active management 10 pharmacist-in-charge, the pharmacy license issued to the deceased under this chapter 11 shall, within one hundred twenty days after the date of death or on June thirtieth, 12 whichever is sooner, become null and void, unless the license is transferred designation 13 of the pharmacist-in-charge is changed as provided in § 36-11-37. 14 Section 8. That § 36-11-44 be AMENDED: 15 36-11-44. Any pharmacist who permits the compounding or dispensing of 16 prescriptions or the vending of drugs in the pharmacist's place of business, except under 17 the personal supervision of a pharmacist, or any pharmacist who, while continuing in 18 business, makes any false representations to procure a license for the pharmacist or any 19 other person, is guilty of a Class 2 misdemeanor. 20 The delivery of a drug or drug device to a patient outside of a pharmacy by courier, 21 mail, or remote drop site is not considered a violation of this chapter, if done so under the 22 supervision of a pharmacist in a licensed pharmacy. 23 Section 9. That § 36-11-48 be AMENDED: 24 36-11-48. The board may suspend or revoke, in accordance with chapter 1-26, 25 any pharmacy license issued under this chapter on the following grounds: 26 (1) The license was obtained by false representations made in the application therefor; 27 (2) The pharmacy for which the license was issued was kept open for the transaction 28 of business without a pharmacist in charge thereof pharmacist-in-charge; 29 (3) Conviction of a violation of any law of this state or of the United States pertaining 30 to the drug business or for the aiding or abetting in the violation of the law; 31 26.361.19 7 14 Underscores indicate new language. Overstrikes indicate deleted language. (4) The active management of the pharmacy was changed without the transfer change 1 in designation of the pharmacist-in-charge, as provided in § 36-11-37, of the 2 license; 3 36-11-37; (5) The location of the pharmacy was changed without the change being reported as 4 provided in § 36-11-39; 5 (6) The pharmacy was kept open for the transaction of business after the pharmacist 6 owner ceased to be in active management of the pharmacy, without a change in 7 designation of the pharmacist-in-charge, as provided in § 36-11-37; or 8 26.361.20 7 14 SB14 ENROLLED (7) The minimum requirements of this chapter and the board are no longer met; or 9 (8) The majority ownership of the pharmacy changed without the change being 10 reported as provided in § 36-11-35. 11 A pharmacy license may not be suspended or revoked except by a vote of three or 12 more members of the board. 13 Section 10. That a NEW SECTION be added to chapter 36-11: 14 A licensed pharmacy may utilize a remote drop site to deliver prescription drugs to 15 patients if: 16 (1) The remote drop site is under the supervision of the pharmacist-in-charge; and 17 (2) The prescription drugs are prepared by, and remain under the control of, the 18 pharmacy. 19 A remote drop site is not required to be separately licensed as a pharmacy. 20 Section 11. That § 36-11-34 be REPEALED. 21 The board may not issue a pharmacy license 26.361.20 8 14 SB14 ENROLLED An Act to any pharmacist applicant unless: 22 (1) The applicant is modify provisions related to the owner, or part owner, practice of pharmacy. I certify that the attached Act originated in the: Senate as Bill No. 14 Secretary of the merchandise and fixtures Senate President of the 23 place of business for which the pharmacy license is applied for; 24 (2) The application is made jointly with a pharmacist owner; or 25 (3) The nonpharmacist owner Senate Attest: Secretary of the merchandise and fixtures Senate Speaker of the place House Attest: Chief Clerk of business 26 for which the pharmacy license is applied for, has submitted an affidavit on a form 27 prescribed by the board delegating complete responsibility House Senate Bill No. 14 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the pharmaceutical 28 services in said place Governor The attached Act is hereby approved this ________ day of business to ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the pharmacist applicant. 29 Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State