South Dakota Administrative Code

20:51:31:36. Disposal of pharmaceutical hazardous waste. The pharmacist-in-charge is responsible for ensuring that there is a designated process for proper disposal of pharmaceutical hazardous waste in accordance with applicable state and federal requirements. Source: 50 SDR 138,…

20:51:31:37. Quality assurance. Any pharmacy that compounds prescriptions must have a quality assurance program with the following elements: (1) A documented, ongoing program for the monitoring of personnel, components, equipment, and facilities used for preparation of compounded…

Rule 20:51:32:01 Definitions. 20:51:32:01. Definitions. Terms defined in SDCL 34-20E-1 have the same meaning in this article. Source: 37 SDR 214, effective May 30, 2011; 45 SDR 86, effective December 24, 2018. General Authority: SDCL 34-20E-20. Law Implemented: SDCL 34-20E-1, 34-…

Rule 20:51:32:02 Data submission. 20:51:32:02. Data submission. Each dispenser may submit the data to the central repository using any electronic device compatible with the board's receiving device or the receiving device of the board's contracted vendor every 24 hours or by midn…

Rule 20:51:32:03 Data elements. 20:51:32:03. Data elements. The information submitted for each prescription shall include the following items: (1) Dispenser name and identification number; (2) Date prescription filled; (3) Prescription number; (4) Prescription is new or is a refi…

Rule 20:51:32:04 Access to data. 20:51:32:04. Access to data. Healthcare practitioners authorized to prescribe or dispense controlled substances may request on-line access to the data for the purpose of providing patient health care. A healthcare practitioner authorized to prescr…

Rule 20:51:32:05 Disclosure of data. 20:51:32:05. Disclosure of data. Each request for information from the central repository must be submitted on a form or electronic platform provided by the board and may be mailed, faxed, or submitted electronically to the board office. The i…

Rule 20:51:32:06 Disclosure of data -- Individual. 20:51:32:06. Disclosure of data -- Individual. An individual or the individual's agent, authorized in writing, may request prescription information of the individual or the individual's minor child. The individual requesting the …

Rule 20:51:32:07 Disclosure of data -- Regulatory board. 20:51:32:07. Disclosure of data -- Regulatory board. A state board or regulatory agency with appropriate authority may request information electronically or in writing. The request shall include a statement of its purpose a…

Rule 20:51:32:08 Disclosure of data -- Law enforcement. 20:51:32:08. Disclosure of data -- Law enforcement. A local, state, and federal law enforcement or prosecutorial official engaged in the enforcement of laws related to controlled substances may request information for the pu…

Rule 20:51:32:09 Disclosure of data -- Court orders. 20:51:32:09. Disclosure of data -- Court orders. The board shall provide program information in response to court orders and warrants. The board shall provide program information in response to court issued subpoenas. Source: 3…

Rule 20:51:32:10 Disclosure of data -- Other entities. 20:51:32:10. Disclosure of data -- Other entities. Other designated entities may request profiles or information as identified in SDCL 34-20E-7. The request shall include the date range requested, the specific reasons for the…

Rule 20:51:32:11 Data retention. 20:51:32:11. Data retention. All dispenser records of prescriptions reported to the program shall be retained by the board for a period of three years following the date of the record. All records of access to or query of program information shall…

20:51:33:01. Applicability. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

20:51:33:02. Complaints. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

20:51:33:03. Investigations. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

20:51:33:04. Completion of complaint investigation. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

20:51:33:05. Status of complainant. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

20:51:33:06. Effect of failure to renew during investigation. Repealed. Source: 45 SDR 86, effective December 24, 2018; 52 SDR 27, effective September 15, 2025.

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. Source: 45 SDR 86, effective December 24, 2018. General Authority: SDCL 3…

Rule 20:51:34:02 Petitions for hearing. 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 petitio…

Rule 20:51:34:03 Filing of petitions for hearing. 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. Source: 45 SDR 86, effective De…

Rule 20:51:34:04 Scheduling of hearing. 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 app…

Rule 20:51:34:05 Hearing procedure. 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…

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 proceedin…

Rule 20:51:34:07 Notice of decision. 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. Source: 45 SDR…

Rule 20:51:34:08 Assessment of costs of disciplinary hearings. 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 t…

Rule 20:51:34:09 Board member conflict of interest. 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 pr…

Rule 20:51:34:10 Board member potential conflict of interest. 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 proce…

20:51:35:01. Definitions. Terms defined in SDCL 34-20H-1 have the same meaning when used in this chapter. Terms used in this chapter mean: (1) "Board," South Dakota Board of Pharmacy as defined in SDCL 36-11-2(3); (2) "Controlled substance," the substances described, defined, or …

20:51:35:02. Eligibility criteria for participating pharmacies. Participation in the program is voluntary. In order to participate, a pharmacy must: (1) Comply with all applicable federal and state laws and hold an active, nonrestricted, board-issued license in good standing; and…

20:51:35:03. Criteria for donating and accepting donated prescription drugs and supplies. A participating pharmacy may only accept the following donations from natural persons eighteen years or older or entities, who are in lawful possession of the donation: (1) A prescription dr…

20:51:35:04. Prescription drugs which may not be donated or accepted. In addition to the grounds for donation rejection in SDCL 34-20H-2, no prescription drug that requires storage temperatures other than normal room temperature, as specified by the manufacturer, may be donated o…

20:51:35:05. Inspecting and documenting donated prescription drugs and supplies. A pharmacist-in-charge designated pharmacist at the participating pharmacy shall inspect a donated prescription drug or medical supply to determine, to the extent reasonably possible, that the drug o…

20:51:35:06. Acceptance, storage, and destruction of donated prescription drugs and supplies. A participating pharmacy shall store a donated drug or medical supply in a storage area under environmental conditions appropriate for the drug or supply being stored. Donated prescripti…

20:51:35:07. Return or destruction of donated controlled substances. A controlled substance may not be accepted for donation. A controlled substance submitted for donation must be returned immediately to the donor or the donor’s representative who provided the controlled substanc…

20:51:35:08. Recalls. If a participating pharmacy receives a recall notification, the pharmacy shall perform a uniform destruction of the recalled, donated prescription drug or medical supply and complete the destruction information form for the drug or medical supply destroyed. …

20:51:35:09. Criteria for dispensing donated prescription drugs and supplies. A donated drug or medical supply may be dispensed only if: (1) The drug or supply is prescribed by a health care professional for use by an eligible patient and is dispensed by a licensed pharmacist in …

20:51:35:10. Acceptance form for individuals to receive donated prescription drugs and supplies. An individual who requests and receives a prescription drug or medical supply from the program shall, prior to receipt of the drug or medical supply, sign an acceptance form attesting…

20:51:35:11. Handling fee. A participating pharmacy may charge the recipient of a donated drug or medical supply a handling fee, not to exceed twenty-five dollars, to cover mailing, handling, or dispensing costs. A prescription drug or medical supply dispensed through the program…

20:51:36:01. Definitions. Terms used in this chapter mean: (1) "Central fill pharmacy," a pharmacy under the same ownership as the originating pharmacy or contracted to provide prescription filling or processing on behalf of the originating pharmacy; and (2) "Originating pharmacy…

20:51:36:02. License required. Any pharmacy acting as a central fill pharmacy in this state must be licensed pursuant to SDCL 36-11-32 and not licensed as a pharmacy under SDCL 36-11-33. Any central fill pharmacy located outside the state must be licensed as a non-resident pharma…

20:51:36:03. Requirements for central fill. The originating pharmacy and central fill pharmacy must: (1) Be under the same ownership or have a signed legal contract to provide central fill services; (2) Share a common prescription software platform, as described in § 20:51:20:04;…

20:51:36:04. Label requirements. The label for prescriptions filled by a central fill pharmacy must meet the requirements in §§ 20:51:05:21 and 44:58:08:20 and must indicate that the prescription was filled at a central fill pharmacy. The label must contain the name, address, and…

20:51:36:05. Patient notification. The originating pharmacy must post a sign to provide notice to patients that the pharmacy utilizes a central fill pharmacy service. Source: 50 SDR 138, effective June 2, 2024. General Authority: SDCL 36-11-11(1)(3). Law Implemented: SDCL 36-11-3…

20:51:36:06. Patient requests. A patient may request not to utilize central fill pharmacy service. The pharmacy must comply with the request. Source: 50 SDR 138, effective June 2, 2024. General Authority: SDCL 36-11-11(1)(3). Law Implemented: SDCL 34-12B-1.

Rule 20:52:01:01 Application for physician assistant license. 20:52:01:01. Application for physician assistant license. An applicant for a license as a physician assistant shall file an application on forms approved by the board. The board may require a personal interview at the …

Rule 20:52:01:02 Repealed. 20:52:01:02. Application for reciprocity by physician's assistant. Repealed. Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 34 SDR 93, effective October 17, 2007.

20:52:01:03. Physician assistant collaborative agreement. A physician assistant who is not exempt from the requirement to pratice under a collaborative agreement pursuant to SDCL chapter 36-4A-1.2, shall use a form approved by the State Board of Medical and Osteopathic Examiners …

20:52:01:03.01. Supervision of a licensed physician assistant. Repealed. Source: 34 SDR 93, effective October 17, 2007; 43 SDR 57, effective October 20, 2016; 52 SDR 44, effective November 3, 2025.