South Dakota Administrative Code

Rule 20:67:02:04 Supplemental application information. 20:67:02:04. Supplemental application information. In order to more fully consider qualifications of an applicant, the board may request supplemental information on records that are not a part of the application form. Source:…

Rule 20:67:02:05 Controlled substance registration required. 20:67:02:05. Controlled substance registration required. Wholesale or other drug distributors that deal in controlled substances shall register with the South Dakota department of health and with the DEA and shall compl…

20:67:02:06. Personnel requirements. As a condition for receiving and retaining a license, wholesale or other drug distributors shall employ sufficient numbers of personnel with education, training, and experience, or any combination thereof, so that all assigned functions are pe…

Rule 20:67:02:07 Denial of licensure when not in public interest. 20:67:02:07. Denial of licensure when not in public interest. The board may deny a license to an applicant if it determines that the granting of such a license would not be in the public interest based on health, s…

Rule 20:67:02:08 Information on changes to be reported. 20:67:02:08. Information on changes to be reported. Changes in any information required in this chapter shall be submitted to the secretary of the board within 60 days with the exception of routine changes in the names and t…

Rule 20:67:02:09 Temporary license valid for 90 days -- No refund. 20:67:02:09. Temporary license valid for 90 days -- No refund. Upon the request of the applicant and receipt of a completed application and the license fee as provided in § 20:67:02:01, the secretary of the board …

20:67:02:10. Out-of-state wholesale or other drug distributor application -- Other state license required. Any out-of-state wholesale or other drug distributor must meet the application and fee requirements of this chapter and must also submit a copy of their wholesale or other d…

Rule 20:67:02:11 Reciprocal cooperation extended. 20:67:02:11. Reciprocal cooperation extended. The board shall cooperate with other states that license and regulate wholesale or other drug or pharmacy distributors to verify information contained on license applications and for t…

Rule 20:67:02:12 Exemption allowed. 20:67:02:12. Exemption allowed. An exemption to licensure is allowed when an out-of-state wholesale or other drug distributor supplies a drug to another drug distributor licensed in this state in an emergency. The amount of the distribution all…

Rule 20:67:03:01 Facilities. 20:67:03:01. Facilities. All facilities at which prescription drugs are stored, warehoused, handled, held, offered, marketed, or displayed shall meet the following conditions: (1) Be of suitable size and construction to facilitate cleaning, maintenanc…

Rule 20:67:03:02 Storage conditions. 20:67:03:02. Storage conditions. All prescription drugs shall be stored as required by the labeling of the drugs. If no storage requirements are established for a prescription drug, the drug may be held at controlled room temperature to help e…

Rule 20:67:03:03 Examination upon receipt required. 20:67:03:03. Examination upon receipt required. Upon receipt, each outside shipping container shall be visually examined for identity and to prevent the acceptance of contaminated prescription drugs or prescription drugs that ar…

Rule 20:67:03:04 Outgoing shipments to be inspected. 20:67:03:04. Outgoing shipments to be inspected. Each outgoing shipment shall be carefully inspected for identity of the prescription drug products and to ensure that there is no delivery of prescription drugs that have been da…

Rule 20:67:03:05 Quarantine required. 20:67:03:05. Quarantine required. Prescription drugs that are outdated, damaged, deteriorated, recalled, misbranded, or adulterated shall be quarantined and physically separated from other prescription drugs until they are destroyed or return…

Rule 20:67:03:06 Opened containers to be identified. 20:67:03:06. Opened containers to be identified. Any prescription drugs whose immediate or sealed outer or sealed secondary containers have been opened or used shall be identified as such and shall be quarantined and physically…

Rule 20:67:03:07 Standards for returned drugs to be met. 20:67:03:07. Standards for returned drugs to be met. If the conditions under which a prescription drug has been returned cast doubt on the drug's safety, identity, strength, quality, or purity, the drug shall be destroyed o…

Rule 20:67:04:01 Record keeping. 20:67:04.01. Record keeping. Wholesale drug distributors shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of prescription drugs, including outdated drugs. These re…

Rule 20:67:04:02 Retention and inspection of records. 20:67:04.02. Retention and inspection of records. Inventories and records required by this chapter may be maintained by manual or electronic means in a form that allows inspection and photocopying of requested records during i…

Rule 20:67:04:03 Retrieval of records. 20:67:04.03. Retrieval of records. Records described in this chapter that are kept at the inspection site at a central location apart from the inspection site or that can be immediately retrieved by computer or other electronic means shall b…

Rule 20:67:04:04 Financial records treated as confidential materials. 20:67:04.04. Financial records treated as confidential materials. Any financial records inspected or photocopied by the board shall be treated as confidential materials and not open to public inspection. Source…

Rule 20:67:05:01 Policies and procedures to be established. 20:67:05:01. Policies and procedures to be established. Wholesale and other drug distributors shall establish, maintain, and adhere to written policies and procedures for the receipt, security, storage, inventory, and di…

Rule 20:67:06:01 Regular inspections required. 20:67:06:01. Regular inspections required. All drug distributors, including third party logistics providers, located within the state shall be inspected by the board every two years with follow-ups if problems are found. The followin…

Rule 20:67:06:02 Exemption from inspection. 20:67:06:02. Exemption from inspection. Wholesale and other drug distributors that have received a satisfactory rating as the result of a full inspection of all operations and procedures by the food and drug administration are exempt fr…

Rule 20:67:06:03 Out-of-state wholesale and other drug distributor exemption. 20:67:06:03. Out-of-state wholesale and other drug distributor exemption. The board may exempt from inspection any out-of-state wholesale drug distributor pursuant to § 20:67:06:02 on demonstration of a…

Rule 20:67:07:01 Designation of registered agent. 20:67:07:01. Designation of registered agent. Out-of-state drug distributors shall designate a resident agent in this state for service of process. If an agent is not designated, the secretary of state of this state shall be consi…

Rule 20:67:08:01 Repealed. 20:67:08:01. Terms to begin on July 1. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:67:08:02 Repealed. 20:67:08:02. Applicants to be solicited for recommendations. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:67:08:03 Repealed. 20:67:08:03. Recommendations to remain on file. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:67:08:04 Repealed. 20:67:08:04. Board to review recommendations on file. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:67:08:05 Repealed. 20:67:08:05. Unexpired terms to be filled within three months of vacancy. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:67:08:06 Repealed. 20:67:08:06. Appointees to indicate willingness to serve. Repealed. Source: 18 SDR 95, effective November 25, 1991; 45 SDR 86, effective December 24, 2018.

Rule 20:68:01:01 Repealed. 20:68:01:01. Definitions. Repealed. Source: 18 SDR 67, effective October 16, 1991; 25 SDR 85, effective December 22, 1998; 28 SDR 51, effective October 14, 2001; 42 SDR 97, effective January 4, 2016; 47 SDR 42, effective October 14, 2020.

Rule 20:68:01:02 Repealed. 20:68:01:02. Application for licensed professional counselor. Repealed. Source: 18 SDR 67, effective October 16, 1991; 22 SDR 97, effective January 24, 1996; 25 SDR 85, effective December 22, 1998; 32 SDR 32, effective August 29, 2005; 42 SDR 97, effect…

Rule 20:68:01:02.01 Repealed. 20:68:01:02.01. Application for licensed professional counselor -- Certain requirements waived. Repealed. Source: 34 SDR 73, effective September 17, 2007; 42 SDR 97, effective January 4, 2016.

Rule 20:68:01:03 Repealed. 20:68:01:03. Application for counselor associate.Repealed. Source: 18 SDR 67, effective October 16, 1991; repealed, 25 SDR 85, effective December 22, 1998.

Rule 20:68:01:04 Repealed. 20:68:01:04. Licensure by reciprocity. Repealed. Source: 18 SDR 67, effective October 16, 1991; 25 SDR 85, effective December 22, 1998; 42 SDR 97, effective January 4, 2016; SL 2018, ch 238, § 4, effective February 5, 2018. Declaratory Ruling: South Dak…

Rule 20:68:01:05 Repealed. 20:68:01:05. Licensure denial. Repealed. Source: 18 SDR 67, effective October 16, 1991; 47 SDR 42, effective October 14, 2020. 1

Rule 20:68:01:06 Definitions. 20:68:01:06. Definitions. Terms defined in SDCL chapter 36-32 have the same meaning when used in this article. Source: 47 SDR 42, effective October 14, 2020. General Authority: SDCL 36-32-47. Law Implemented: SDCL 36-32-47.

Rule 20:68:01:07 Application requirements. 20:68:01:07. Application requirements. An application for a license, temporary license, renewal of license, inactive license, or reactivated license must be made in writing on a form prescribed by the board. The applicable application fe…

Rule 20:68:01:08 Application denial. 20:68:01:08. Application denial. An application may be denied for failure to meet the applicable licensure requirements or for any reasons set forth in SDCL 36-32-83. The board shall inform the applicant, in writing, of its reasons for denial.…

Rule 20:68:01:09 Application for post graduate plan of supervision -- Professional counselor. 20:68:01:09. Application for post graduate plan of supervision -- Professional counselor. An applicant for a post graduate plan of supervision shall submit to the board: (1) A completed …

Rule 20:68:01:10 Application for licensed professional counselor. 20:68:01:10. Application for licensed professional counselor. An applicant for a license to practice as a professional counselor shall submit to the board: (1) A completed application; (2) The applicable license fe…

Rule 20:68:01:11 Application for professional counselor by endorsement -- Applicant licensed in another state. 20:68:01:11. Application for professional counselor by endorsement -- Applicant licensed in another state. An applicant licensed in another state for a minimum of three …

Rule 20:68:01:12 Application for temporary license -- Applicant licensed in another state. 20:68:01:12. Application for temporary license -- Applicant licensed in another state. An applicant licensed in another state for a minimum of three continuous years may apply for a tempora…

Rule 20:68:01:13 Application to reinstate an expired license. 20:68:01:13. Application to reinstate an expired license. An expired license may be reactivated, as prescribed by SDCL 36-32-75, by submitting to the board: (1) A completed application and the applicable license fees; …

Rule 20:68:02:01 Remittance of fees. 20:68:02:01. Remittance of fees. Application fees must be remitted to the board in the form prescribed by the board and payable to the state of South Dakota. The board may take no action on any application until the fee is received. Source: 18…

Rule 20:68:02:02 Repealed. 20:68:02:02. Renewal fees. Repealed. Source: 18 SDR 67, effective October 16, 1991; 22 SDR 97, effective January 24, 1996; 47 SDR 42, effective October 14, 2020.