South Dakota Administrative Code

Rule 44:58:02:18 Repealed. 44:58:02:18. Exemption of other federal individuals.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:02:19 Repealed. 44:58:02:19. Exemption of employees of the division.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:02:20 Activities requiring separate registration. 44:58:02:20. Activities requiring separate registration. Each of the following groups of activities is independent of the others and shall be conducted under separate registrations: (1) Manufacturing and distributing co…

Rule 44:58:02:21 Activities covered by single registration. 44:58:02:21. Activities covered by single registration. Each of the following groups of activities may be conducted under a single registration: (1) A person registered to manufacture controlled substances listed in Sche…

Rule 44:58:02:22 Waiver of registration. 44:58:02:22. Waiver of registration. Registration is not required for the following persons in the circumstances described: (1) An individual practitioner who is an agent of another practitioner registered to dispense controlled substances…

Rule 44:58:02:23 Compliancy requirements. 44:58:02:23. Compliancy requirements. Each registrant shall comply with Title 21 Code of Federal Regulations (CFR) part 1300 to end as of April 2005. Source: 31 SDR 62, effective November 7, 2004; 32 SDR 128, effective January 30, 2006. G…

Rule 44:58:03:01 Registration required -- Expiration date. 44:58:03:01. Registration required -- Expiration date. A person required to register may not engage in any activity which requires registration until the registration is granted and a certificate is issued by the secretar…

Rule 44:58:03:02 Application forms -- Contents. 44:58:03:02. Application forms -- Contents. An application shall contain the person's name; signature; full address; professional license number; type of professional practice; a statement related to conviction of a felony under sta…

Rule 44:58:03:02.01 Registration fee. 44:58:03:02.01. Registration fee. Each registrant shall pay a registration fee at the time of initial registration or at renewal of registration. Registration fees are non-refundable and may not be prorated. The registration fees are as follo…

Rule 44:58:03:03 Procedure for reregistration. 44:58:03:03. Procedure for reregistration. A person registered under § 44:58:02:20 shall apply for reregistration in writing to the secretary not more than 60 days before the expiration date of the person's current registration. Sour…

Rule 44:58:03:03.01 Repealed. 44:58:03:03.01. Waiver of reregistration.Repealed. Source: 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 219, effective June 27, 1995.

Rule 44:58:03:04 Repealed. 44:58:03:04. Federal registration must accompany applications for Schedules I and II.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:03:05 Repealed. 44:58:03:05. Required information for applications.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:03:06 Repealed. 44:58:03:06. Signatures on applications.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:03:07 Repealed. 44:58:03:07. Filing of applications with director -- Joint filings.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:03:08 Repealed. 44:58:03:08. Acceptance of filing -- Defective applications.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:03:09 Additional information -- Noncompliance with request. 44:58:03:09. Additional information -- Noncompliance with request. The secretary may require an applicant to submit documents relevant to the application to determine if registration should be granted. The fai…

Rule 44:58:03:10 Repealed. 44:58:03:10. Amendments to and withdrawal of applications.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:01 Review of applications. 44:58:04:01. Review of applications. The secretary shall review the application for registration and other information regarding an applicant to determine that applicable standards are met. Source: 1 SDR 30, effective October 7, 1974; 6 SD…

Rule 44:58:04:02 Issuance of certificate of registration -- Denial of registration. 44:58:04:02. Issuance of certificate of registration -- Denial of registration. The secretary shall issue a certificate of registration after reviewing the application and finding the information …

Rule 44:58:04:03 Information contained on certificate. 44:58:04:03. Information contained on certificate. The certificate of registration shall contain the name, address, registration number of the registrant, any applicable federal registration numbers, the activity authorized b…

Rule 44:58:04:04 Location of the certificate. 44:58:04:04. Location of the certificate. The registrant shall conspicuously place the certificate at the registered location and shall permit inspection of the certificate and registered premises by any official of the division or ot…

Rule 44:58:04:05 Suspension or revocation of registration. 44:58:04:05. Suspension or revocation of registration. The department may suspend or revoke any registration issued under the act as provided under SDCL 1-26. The reasons for suspension or revocation shall include a findi…

Rule 44:58:04:06 Repealed. 44:58:04:06. Procedure prior to revoking or suspending registration.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:07 Requirements of registrant upon service of notice of automatic suspension, revocation, or suspension. 44:58:04:07. Requirements of registrant upon service of notice of automatic suspension, revocation, or suspension. Upon service of the notice of automatic suspen…

Rule 44:58:04:08 Limited revocations or suspensions. 44:58:04:08. Limited revocations or suspensions. The secretary may limit revocation or suspension of a registration to a particular schedule of controlled substance as circumstances indicate. Action required under § 44:58:04:05…

Rule 44:58:04:09 New certificate when limitation applied. 44:58:04:09. New certificate when limitation applied. If revocation or suspension is limited to a particular schedule, the secretary shall issue the registrant a new certificate of registration for all substances not affec…

Rule 44:58:04:10 Repealed. 44:58:04:10. Suspension of registration authorized pending director's final order.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:11 Repealed. 44:58:04:11. Actions required of registrant upon immediate suspension.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:12 Repealed. 44:58:04:12. Effective time period of suspension.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:13 Repealed. 44:58:04:13. Order to show cause required to revoke or suspend registration.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:14 Repealed. 44:58:04:14. Request for hearing.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:04:15 Repealed. 44:58:04:15. Director's agent may serve order to show cause.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:01 Conduct of hearings generally -- Not in lieu of criminal prosecutions. 44:58:05:01. Conduct of hearings generally -- Not in lieu of criminal prosecutions. Administrative hearings in contested cases shall be governed by the act, this article, and SDCL chapter 1-26…

Rule 44:58:05:02 Repealed. 44:58:05:02. Purpose of hearing -- Arguments not to be offered as evidence.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:03 Repealed. 44:58:05:03. Waiver or modification of rules governing hearing procedure.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:04 Repealed. 44:58:05:04. Time to make request for hearing.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:05 Repealed. 44:58:05:05. Filing of written statement prior to hearing -- Inclusion in record.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:06 Repealed. 44:58:05:06. Failure to request hearing -- Failure to appear.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:07 Repealed. 44:58:05:07. Cancellation of hearing.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:08 Repealed. 44:58:05:08. Time and place of hearing after waiver.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:09 Repealed. 44:58:05:09. Final order -- Findings and conclusions -- Effective date -- Service.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:05:10 Repealed. 44:58:05:10. Hearing officers' decisions final.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:06:01 Applications for modification of registration -- Contents. 44:58:06:01. Applications for modification of registration -- Contents. A registrant may apply to modify a registration by submitting a revised application and a letter of request to the secretary. The le…

Rule 44:58:06:02 Events causing automatic suspension of registration. 44:58:06:02. Events causing automatic suspension of registration. The registration of a person is automatically suspended if the person fails to maintain the person's professional license, fails to maintain DEA…

Rule 44:58:06:02.01 Voluntary surrender and reinstatement of registration. 44:58:06:02.01. Voluntary surrender and reinstatement of registration. A registrant may voluntarily surrender the registration to prescribe controlled substances. If the surrender is made because the regis…

Rule 44:58:06:03 Secretary's consent required to transfer registration. 44:58:06:03. Secretary's consent required to transfer registration. A registration may not be transferred without written consent of the secretary. The method of transferring any existing stock of controlled …

Rule 44:58:07:01 Repealed. 44:58:07:01. Record, report, and inventory requirements generally.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:07:02 Repealed. 44:58:07:02. Record, report, and inventory requirements specifically.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:07:03 Inventory requirements. 44:58:07:03. Inventory requirements. Upon registration, a registrant shall make a written, typed, or printed inventory of all stocks of controlled substances. After the initial inventory is taken, the registrant shall take a new inventory …