South Dakota Administrative Code

Rule 44:58:07:04 Acquisition, dispensing, and distribution records. 44:58:07:04. Acquisition, dispensing, and distribution records. A dispenser shall maintain the records required to acquire, distribute, or dispense controlled substances in a readily retrievable manner. The follo…

Rule 44:58:07:05 Theft reports. 44:58:07:05. Theft reports. A registrant shall notify the division of the theft or loss of a controlled substance within 48 hours. The report shall include the names and quantities of drugs and the circumstances involved in the theft or loss. Sourc…

Rule 44:58:07:06 Repealed. 44:58:07:06. Emergency supplies.Repealed. Source: 25 SDR 48, effective October 1, 1998; repealed, 27 SDR 59, effective December 17, 2000.

Rule 44:58:07:07 Repealed. 44:58:07:07. Limits on Schedule II controlled substances.Repealed. Source: 25 SDR 48, effective October 1, 1998; repealed, 27 SDR 59, effective December 17, 2000.

Rule 44:58:07:08 Repealed. 44:58:07:08. Limits on Schedule III and IV controlled substances.Repealed. Source: 25 SDR 48, effective October 1, 1998; repealed, 27 SDR 59, effective December 17, 2000.

44:58:07:09. Emergency supplies of controlled substances in long term care facilities. Repealed. Source: 25 SDR 48, effective October 1, 1998; 52 SDR 41, effective October 27, 2025.

Rule 44:58:08:01 Repealed. 44:58:08:01. Persons entitled to issue prescriptions.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:02 Repealed. 44:58:08:02. Purpose of issuance of prescription.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:03 Prescription prohibited for general dispensing supply. 44:58:08:03. Prescription prohibited for general dispensing supply. A prescription may not be issued by an individual practitioner to obtain controlled substances for general dispensing to patients. Source: 1…

Rule 44:58:08:04 Prescription prohibited for continuing dependence on drug. 44:58:08:04. Prescription prohibited for continuing dependence on drug. A prescription may not be issued for a controlled substance nor may a controlled substance be dispensed or administered to a drug de…

Rule 44:58:08:05 Manner of issuance of prescriptions. 44:58:08:05. Manner of issuance of prescriptions. No practitioner may issue a prescription for a controlled substance for the practitioner's use. Prescriptions for controlled substances must be dated and signed on the day when…

Rule 44:58:08:06 Repealed. 44:58:08:06. When hospital code number required in lieu of registration number.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:07 Repealed. 44:58:08:07. When service identification number required in lieu of registration number.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:08 Repealed. 44:58:08:08. Persons entitled to fill prescriptions.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:09 Repealed. 44:58:08:09. Dispensing of narcotic drugs for narcotic rehabilitation program authorized.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980. Rule 44:58:08:09.01 Dispensing controlled substances for maintena…

Rule 44:58:08:09.01 Dispensing controlled substances for maintenance purposes. 44:58:08:09.01. Dispensing controlled substances for maintenance purposes. The administering or dispensing directly of a controlled substance listed in any schedule to a drug dependent person for the p…

Rule 44:58:08:10 Repealed. 44:58:08:10. Dispensing of Schedule II substances by pharmacists.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:11 Repealed. 44:58:08:11. Direct administering or dispensing of Schedule II substances by practitioner.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980. Rule 44:58:08:11.01 Direct administering or dispensing of contro…

Rule 44:58:08:11.01 Direct administering or dispensing of controlled substances. 44:58:08:11.01. Direct administering or dispensing of controlled substances. An individual practitioner, in the course of professional practice only, may directly administer or dispense a controlled …

Rule 44:58:08:12 Repealed. 44:58:08:12. Direct administering or dispensing of Schedule II substances by institutional practitioner.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:13 Requirements for oral authorization of Schedule II substances in emergencies. 44:58:08:13. Requirements for oral authorization of Schedule II substances in emergencies. In an emergency situation, as defined in SDCL 22-42-2.2, a pharmacist may dispense a controlle…

Rule 44:58:08:14 Repealed. 44:58:08:14. Dispensing of Schedule III and IV substances by pharmacists.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:15 Repealed. 44:58:08:15. Direct administering or dispensing of Schedule III or IV substances by practitioner.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:16 Repealed. 44:58:08:16. Direct administering or dispensing of Schedule III and IV substances by institutional practitioner.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:17 Refilling of Schedule III and IV prescriptions -- Computerized information system authorized. 44:58:08:17. Refilling of Schedule III and IV prescriptions -- Computerized information system authorized. A prescription for a Schedule III or IV drug or substance may …

Rule 44:58:08:17.01 Refilling of Schedule II prescriptions prohibited. 44:58:08:17.01. Refilling of Schedule II prescriptions prohibited. No prescription for a Schedule II drug or substance may be refilled. Source: 11 SDR 36, effective September 11, 1984. General Authority:SDCL 3…

Rule 44:58:08:18 Partial filling of prescriptions for Schedule II substances. 44:58:08:18. Partial filling of prescriptions for Schedule II substances. A pharmacist may partially fill a prescription for a controlled substance listed in Schedule II, if unable to supply the full qu…

Rule 44:58:08:18.01 Partial filling of prescriptions for Schedule II substances for nursing facility or terminally ill patients. 44:58:08:18.01. Partial filling of prescriptions for Schedule II substances for nursing facility or terminally ill patients. Notwithstanding the provis…

Rule 44:58:08:18.02 Computerized system authorized for Schedule II prescription information for nursing facility or terminally ill patients. 44:58:08:18.02. Computerized system authorized for Schedule II prescription information for nursing facility or terminally ill patients. In…

Rule 44:58:08:18.03 Facsimile transmission of Schedule II prescriptions. 44:58:08:18.03. Facsimile transmission of Schedule II prescriptions. A written prescription for a Schedule II controlled substance may be transmitted from the individual prescribing practitioner to a pharmac…

Rule 44:58:08:19 Repealed. 44:58:08:19. Partial filling of prescriptions for Schedule III and IV substances.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:20 Labeling of prescriptions for controlled substances. 44:58:08:20. Labeling of prescriptions for controlled substances. The pharmacist filling any prescription for a controlled substance listed in Schedules II, III or IV shall attach to the container a label showi…

Rule 44:58:08:21 Repealed. 44:58:08:21. Filing of prescriptions required.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:22 Repealed. 44:58:08:22. Dispensing of Schedule III and IV substances without prescription prohibited.Repealed. Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:58:08:23 Dispensing placebo drugs. 44:58:08:23. Dispensing placebo drugs. The dispensing or prescribing of placebo or look-alike drugs by an individual practitioner is within the meaning of the term "in the course of professional practice or research". Source: 11 SDR 36, …

Rule 44:58:09:01 Permission to make inspections required of licensees. 44:58:09:01. Permission to make inspections required of licensees. As a privilege of receiving a registration under the act, each applicant must permit the secretary to enter controlled premises during regular…

Rule 44:58:09:02 Financial data excluded from inspection. 44:58:09:02. Financial data excluded from inspection. Unless the owner, operator, or agent in charge of the controlled premises consents in writing, an inspection authorized by § 44:58:09:01 may not extend to financial, sa…

Rule 44:58:09:03 Inspection requirements. 44:58:09:03. Inspection requirements. A representative of the secretary, upon stating the purpose of the inspection and presenting credentials and written notice of inspection, may enter the premises and conduct inspections. Violation of …

Rule 44:58:09:04 Required contents of notice of inspection. 44:58:09:04. Required contents of notice of inspection. The notice of inspection shall contain: (1) The name and title of the owner, operator, or agent in charge of the controlled premises; (2) The name of the controlled…

Rule 44:58:10:01 Security requirements of registrants. 44:58:10:01. Security requirements of registrants. Controlled substances shall be stored in a securely locked, substantially constructed cabinet. However, substances listed in Schedules II through IV may be dispersed through …

Rule 44:58:13:01 Exempted Schedule III substances. 44:58:13:01. Exempted Schedule III substances. The following combinations of medicinal ingredients and Schedule III substances are exempt from control under the act or this article: (1) Analgesic agents which are not controlled s…

Rule 44:59:01:01 Repealed. 44:59:01:01. List of laboratory tests. Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 18 SDR 89, effective November 24, 1991; 19 SDR 172, effective July 1, 1993; 21 SDR 97, effective November 27, 1994; 21 SDR…

Rule 44:59:01:02 Repealed. 44:59:01:02. Fee review by secretary of health required.Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

Rule 44:59:01:03 Repealed. 44:59:01:03. Notice of fee changes.Repealed. Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

Rule 44:59:01:04 Method for determining test fees. 44:59:01:04. Method for determining test fees. The department shall calculate the fees for tests conducted in the state health laboratory based on the cost of performing the tests. Cost is determined by applying the formula (Oe +…

Rule 44:59:01:05 Expert witness fee. 44:59:01:05. Expert witness fee. The Department of Health shall assess a uniform expert witness fee of $350 for each court appearance by laboratory personnel or for failing to give 24 hours prior notice of any court cancellation. Source: 21 SD…

Rule 44:59:01:06 On-site laboratory certification fee. 44:59:01:06. On-site laboratory certification fee. For laboratory certifications that require on-site inspection, the department shall assess the laboratory inspected a fee based on the actual cost of travel time, per diem ex…

Rule 44:59:01:07 Off-site laboratory certification fee. 44:59:01:07. Off-site laboratory certification fee. The Department of Health shall charge a fee for laboratory certifications that do not require on-site inspection based on the time spent reviewing pertinent documents and a…

Rule 44:59:01:08 Training fee. 44:59:01:08. Training fee. The Department of Health shall charge a fee for training conducted by health laboratory personnel. Training fees are based on the cost of time spent by laboratory personnel to conduct the training, the cost of supplies, an…

Rule 44:62:01:01 Form of petition for declaratory ruling. 44:62:01:01. Form of petition for declaratory ruling. A person may request a ruling as to the applicability of a statute or rule issued by the Department of Health by filing a written petition in substantially the followin…