South Dakota Administrative Code

Rule 20:51:25:04 Standards for counseling. 20:51:25:04. Standards for counseling. The pharmacist is responsible for meeting standards for counseling as follows: (1) If a prescription drug is dispensed for the first time to a patient, the pharmacist shall orally counsel the patien…

20:51:25:05. Alternative forms of patient information. Alternative forms of patient information as referenced in § 20:51:25:04 are written information leaflets, pictogram labels, video programs, or information generated by electronic data processing equipment. Alternative forms o…

Rule 20:51:25:06 Record of counseling. 20:51:25:06. Record of counseling. The absence of a record signifies that counseling was accepted and provided or that an offer was made. Failure to complete counseling to a patient or caregiver shall be recorded for the following instances:…

Rule 20:51:27:01 Definitions. 20:51:27:01. Definitions. In addition to terms defined by SDCL 36-11-2, terms used in this chapter mean: (1) "Home state," the state in which the dispensing facilities of a nonresident pharmacy are located. Source: 24 SDR 40, effective October 5, 199…

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 act…

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. Source: 24 SDR 40, effective October 5, 1997; 24 SDR 160, effective May 26, 1998; 50 SDR 138, effective June 2, 2…

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; …

Rule 20:51:28:01 Authority to administer influenza immunizations. 20:51:28:01. Authority to administer influenza immunizations. A pharmacist may administer influenza immunizations to eligible patients 18 years of age and older if the pharmacist meets the qualifications set forth …

Rule 20:51:28:01.01 Authority to administer immunizations. 20:51:28:01.01. Authority to administer immunizations. A pharmacist may administer immunizations by prescription drug order signed by a practitioner or by protocol signed by a physician if the pharmacist meets the criteri…

Rule 20:51:28:02 Qualifications for authorization to administer immunizations. 20:51:28:02. Qualifications for authorization to administer immunizations. The board may authorize a pharmacist who: (1) Is licensed to practice pharmacy in this state; (2) Has completed an approved tr…

Rule 20:51:28:02.01 Qualifications for interns to administer immunizations. 20:51:28:02.01. Qualifications for interns to administer immunizations. A pharmacy intern may administer immunizations in a pharmacy if the intern: (1) Is registered as a pharmacy intern in this state; (2…

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; (2) Has successfully completed an…

Rule 20:51:28:03 Repealed. 20:51:28:03. Standards for approval of influenza immunization training programs. Repealed. Source: 29 SDR 37, effective September 26, 2002; 47 SDR 42, effective October 12, 2020.

Rule 20:51:28:04 Training program requirements. 20:51:28:04. Training program requirements. The training program for administration of immunizations must include the following course of study: (1) Basic immunology and the human immune response; (2) Mechanics of immunity, adverse …

Rule 20:51:28:05 Record keeping and reporting requirements. 20:51:28:05. Record keeping and reporting requirements. A pharmacist authorized under this chapter to administer immunizations shall maintain in the pharmacy, administered for a minimum of five years: (1) The name, addre…

Rule 20:51:28:06 Confidentiality of records maintained. 20:51:28:06. Confidentiality of records maintained. The records identified in § 20:51:28:05 that include specific patient information are confidential records. Nothing in this section affects the requirements of SDCL 36-11-6…

Rule 20:51:28:07 Renewal of authorization to administer immunizations. 20:51:28:07. Renewal of authorization to administer immunizations. The authorization to administer immunizations must be renewed on or before September 30. A pharmacist desiring to renew the authorization shal…

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 (…

20:51:29:01. Purpose of registration. A registration program for all pharmacy technicians is established for the primary purpose of assuring the competency of registered pharmacy technicians and for purposes of identifying, tracking, and bringing disciplinary actions against phar…

20:51:29:02. Registration required. Any individual employed in this state as a pharmacy technician shall obtain and maintain during the employment a current registration as a pharmacy technician pursuant to this chapter. Any person accepting employment as a pharmacy technician in…

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 in a pharmacy located in South Dakota as a pharmacy technician. The board may iss…

20:51:29:04. College- or vocational-based training program. A person who is enrolled in a college- or vocational-based pharmacy technician training program shall obtain a pharmacy technician registration from the board prior to beginning any on-site practical experience. Source: …

20:51:29:05. Exemptions from registration. A registered pharmacy intern whose South Dakota certificate is in good standing and who performs any function described in § 20:51:29:21 is not required to register as a pharmacy technician with the board. Source: 31 SDR 35, effective Se…

20:51:29:06. Certification of pharmacy technicians. A pharmacy technician may obtain national certification. To obtain registration as a certified technician, the person must be certified by a national organization and have passed a pharmacy technician certification examination t…

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…

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

20:51:29:09. Felony or misdemeanor crimes. The applicant shall declare any history of being charged with, convicted of, or entering a plea of guilty or no contest to, a felony or misdemeanor crime other than any traffic violation with a fine under one hundred dollars. Source: 31 …

20:51:29:10. Sworn signature. The applicant shall sign and attest to the accuracy of the application under penalty of perjury and shall submit it to the board. Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024; 52 SDR 27, effective September 15, …

20:51:29:11. Registration renewal. Repealed. Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

20:51:29:12. Initial and renewal registration fee. The fee for initial registration is twenty-five dollars. The renewal fee for registration is twenty-five dollars. The fee must be paid at the time the initial application or the renewal application is submitted. Source: 31 SDR 35…

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 …

20:51:29:14. Registration verification. The pharmacist-in-charge of each pharmacy utilizing a pharmacy technician is responsible for verifying that any technician working in the pharmacy is registered with the board and compliant with all rules of this chapter. Any violation by t…

20:51:29:15. Notification to the board. A registered pharmacy technician shall, within ten days of any change in the technician's name, address, or pharmacy employment status, report that change to the board. Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective …

20:51:29:16. Training and utilization of pharmacy technicians. The pharmacist-in-charge of a pharmacy shall ensure that a registered pharmacy technician receives adequate training in the tasks performed by technicians working at that pharmacy. A pharmacy employing a registered ph…

20:51:29:17. Identification of pharmacy technicians. A registered pharmacy technician shall, while on duty, wear a visible identification badge that clearly identifies the person as a pharmacy technician and includes the technician's first name. Source: 31 SDR 35, effective Septe…

20:51:29:18. Misrepresentation prohibited. A registered pharmacy technician may not represent themself as a pharmacist. 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…

20:51:29:19. Ratio. Except as provided in § 20:51:29:19.02, up to three registered pharmacy technicians may be on duty in a pharmacy for every pharmacist on duty. A pharmacy intern does not count in this ratio. Source: 31 SDR 35, effective September 19, 2004; 42 SDR 19, effective…

Rule 20:51:29:19.01 Repealed. 20:51:29:19.01. Exception to ratio for mail service pharmacy. Repealed. Source: 33 SDR 73, effective November 6, 2006; 36 SDR 21, effective August 17, 2009; repealed, 42 SDR 19, effective August 19, 2015.

20:51:29:19.02. Exception to ratio for hospital, mail order, and long-term care pharmacy. The maximum ratio of pharmacists to registered pharmacy technicians who may be on duty in a hospital, mail order, or long-term care pharmacy is determined by the pharmacist-in-charge. Regard…

20:51:29:20. Delegation and supervision of technical functions. A pharmacist may delegate any technical dispensing function to a registered pharmacy technician provided the function is performed under the immediate personal supervision of the pharmacist delegating the function. T…

20:51:29:21. Technical functions. At the discretion of the supervising pharmacist, technical functions that may be delegated to a registered pharmacy technician are: (1) Performing packaging, manipulative, or repetitive tasks relating to the processing of a prescription or medica…

20:51:29:22. Tasks a pharmacy technician may not perform. A registered pharmacy technician may not: (1) Provide the final verification for the accuracy, validity, completeness, or appropriateness of a filled prescription or medication order; (2) Conduct prospective drug use revie…

20:51:29:23. Misrepresentative deeds. A registered pharmacy technician may not make any statement tending to deceive, misrepresent, or mislead anyone, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in a pharmacy. Source: 31 SDR 35, effecti…

20:51:29:24. Confidentiality. In the absence of express written consent from the patient or a written order or direction of a court, except where the best interests of the patient require, a registered pharmacy technician may not divulge or reveal to any person other than as outl…

20:51:29:25. Illegal or unethical behavior. A registered pharmacy technician may not exhibit illegal or unethical behavior in connection with the technician's pharmacy employment. Illegal or unethical behavior are verbal or physical abuse, coercion, intimidation, harassment, sexu…

20:51:29:26. Denial of registration. The board may deny an initial or renewal application for registration as a pharmacy technician for any violation of: (1) The laws of this state, another state, or the United States, relating to prescription drugs, controlled substances, or non…

20:51:29:27. Disciplinary actions. For violations of this chapter, the board may: (1) Revoke a pharmacy technician registration; (2) Suspend a pharmacy technician registration until further order of the board or for a specified period; (3) Not renew a pharmacy technician registra…

20:51:30:01. Definitions. Terms defined in SDCL 36-11-71 have the same meaning when used in this chapter. Source: 35 SDR 183, effective February 2, 2009; 50 SDR 138, effective June 2, 2024. General Authority: SDCL 36-11-11(1), 36-11-72. Law Implemented: SDCL 36-11-71.

Rule 20:51:30:02 Application for remote pharmacy site. 20:51:30:02. Application for remote pharmacy site. No remote pharmacy may be established, operated, or maintained unless the board issues a license. An application for licensure to establish, operate, or maintain a remote pha…

20:51:30:03. Ownership or control by pharmacist required. The board 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 practice teleph…