Title 36 — PROFESSIONS AND OCCUPATIONS

The membership of the Board of Pharmacy shall include one lay member who is a user of the services regulated by the board. The term lay member who is a user refers to a person who is not licensed by the board but where practical uses the service licensed, and the meaning shall be…

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105 ; SL 1953, ch 122 ; SL 1967, ch 102 , § 15; SL 2025, ch 154 , § 42.

A pharmacy licensed by the board must: (1) Be equipped with the pharmaceutical instruments and utensils prescribed by the board in rules promulgated in accordance with chapter 1-26 ; (2) Possess a stock of pharmaceuticals adequate to serve the needs of the community in which the …

Source: SDC 1939, § 27.1015 as added by SL 1943, ch 105 ; SL 1953, ch 122 ; SL 1967, ch 102 , § 15; SL 2025, ch 154 , § 43.

The board may, in rules promulgated in accordance with chapter 1-26 , adopt a code of professional ethics for pharmacists in this state. The board shall consider the recommendations of the South Dakota Pharmacists Association in adopting the code or changes made thereto. The code…

Any pharmacist who permits the compounding or dispensing of prescriptions or the vending of drugs in the pharmacist's place of business, except under the personal supervision of a pharmacist, or any pharmacist who, while continuing in business, makes any false representations to …

36-11-46 Dispensing of substandard drugs prohibited--Violation as misdemeanor. 36-11-46.1 Dispensing equivalent drug products. 36-11-46.2 Prescription prohibiting substitution--Requirements. 36-11-46.3 Notification to person receiving equivalent drug product or interchangeable bi…

No person may compound, dispense, sell, or offer for sale, or cause to be compounded, dispensed, sold or offered for sale any medicine or preparation under or by a name recognized in the United States Pharmacopoeia or National Formulary, for internal or external use, which differ…

A pharmacist dispensing a prescription drug order for a drug product prescribed by its brand name may select any equivalent drug product, if the manufacturer or distributor of the equivalent drug product holds, if applicable, either an approved new drug application or an approved…

Any entry into an electronic records system as described in § 36-11-46.9 is presumed to provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological product dispensed to the practitioner using facsimile, telephone, electronic transmission, or oth…

The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed biological product. If the dispensed biological product does not have a brand name, the prescription label shall indicate the proper name of the bi…

The pharmacist or the pharmacist's agent shall inform the person receiving the drug or biological product pursuant to the prescription drug order of the selection of an equivalent drug product or interchangeable biological product and of the person's right to refuse the product s…

A pharmacist may not select a product unless it has been manufactured, labeled, or distributed by a manufacturer, labeler, or distributor who: (1) Marks capsules and tablets with an identification code or monogram; (2) Labels products with their expiration date; (3) Provides reas…

A pharmacist who selects an equivalent drug product or interchangeable biological product pursuant to this chapter assumes no greater liability for selecting the dispensed drug or biological product than would be incurred in filling a prescription for a drug or biological product…

The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription container with the name of the dispensed drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name or the United States Pharmacopoeia p…

The requirements of §§ 36-11-46.1 to 36-11-46.3 , inclusive, 36-11-46.6 , and 36-11-46.9 to 36-11-46.11 , inclusive, do not apply to an order to dispense a drug or biological product to a hospital patient. Source: SL 1990, ch 306 , § 6; SL 1993, ch 277 , § 6; SL 2018, ch 231 , § …

The selection of an equivalent drug product or interchangeable biological product does not, in itself, in the absence of willful misconduct or negligence, constitute a cause of action against the practitioner. Source: SL 1993, ch 277 , § 7; SL 2018, ch 231 , § 8.

A pharmacist dispensing a prescription drug order for a biological product prescribed by its brand or proper name may select an interchangeable biological product of the prescribed product. Within five business days following the dispensing of a biological product, the dispensing…

36-11-47.1 Posting of prescription drug prices authorized--Rules and regulations. 36-11-47.2 Refusal to quote prescription price as misdemeanor. 36-11-48 Pharmacy licenses--Suspension or revocation--Grounds--Board vote. 36-11-49 Repealed. 36-11-50 Appeal from cancellation of phar…

The posting of prescription drug prices upon the premises of a duly licensed pharmacy department is hereby specifically authorized and shall not constitute "advertising of prescription prices" within the meaning of this chapter when performed in accordance with such rules and reg…

It is a Class 2 misdemeanor for any pharmacist to refuse to quote the price of any prescription legend drug when said quote is requested by a person. Source: SL 1975, ch 235 ; SL 1977, ch 190 , § 171.

The board may suspend or revoke, in accordance with chapter 1-26 , any pharmacy license issued under this chapter on the following grounds: (1) The license was obtained by false representations made in the application therefor; (2) The pharmacy for which the license was issued wa…

Source: SDC 1939, § 27.1016; SL 1967, ch 102 , § 16; revised pursuant to SL 1972, ch 15 , § 4; SL 2025, ch 154 , § 44.

The board shall hold meetings for the examination of applicants for licensure and registration, and the transaction of other business that pertains to its duties. Special meetings of the board may be held whenever deemed necessary by a majority of the board. Three members of the …

The Board of Pharmacy shall continue within the Department of Health, and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of hea…

An appeal from the decision of the Board of Pharmacy may be taken as provided by chapter 1-26 . Source: SDC 1939, § 27.1016; SL 1967, ch 102 , § 16; revised pursuant to SL 1972, ch 15 , § 4. 36-11-51 , 36-11-52. Repealed by SL 2012, ch 194 , §§ 11, 12. 36-11-53 to 36-11-59. Repea…

Source: SDC 1939, § 27.1004; SL 1967, ch 102 , § 5; SL 1996, ch 230 , § 2; SL 2005, ch 199 , § 33; SL 2025, ch 154 , § 36.

36-11-63 Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected. 36-11-64 Employment of inspectors--Inspection of licensed establishments. 36-11-65 Injunction proceedings to prevent violations of chapter--Election of remedies. 36-11-…

All fees shall be paid to the secretary of the State Board of Pharmacy. Out of the funds collected the board may, pursuant to chapter 3-6D , employ agents, inspectors, and clerical assistance and pay expenses as may be necessary for the enforcement of the provisions of this chapt…

The Board of Pharmacy may employ inspectors of pharmacy. The members of the board and inspectors of pharmacy may inspect during business hours, all establishments required to be licensed under the authority of the board. Source: SL 1967, ch 102 , § 8.

Whenever the Board of Pharmacy believes, from evidence satisfactory to it, that any person is violating or about to violate any provisions of this chapter or any order or requirement of the board issued or promulgated pursuant to authority expressly granted the board by law, the …

If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and applicability thereof to other persons and circumstances shall not be affected there…

A pharmacist or physician licensed under chapter 36-4 who participates in a drug utilization review program is not individually or jointly subject to, and is immune from, claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding…

After receipt of a prescription drug order, the pharmacist shall offer to counsel each patient or caregiver who receives a prescribed drug or device from him on matters which in the exercise of the pharmacist's professional judgment the pharmacist deems significant. To this purpo…

Patient information may be released only in the following circumstances: (1) If it is authorized by the patient; (2) If it is requested by the board as part of an inspection or investigation of a pharmacy or pharmacist; (3) If, in the pharmacist's professional judgment, release t…

The secretary of the Board of Pharmacy shall receive a salary which shall be fixed by the board. He shall also receive his traveling and other expenses incurred in the performance of his official duties pursuant to §

No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to: (1) Cause an abortion; or (2) Destroy an unborn child as defined in subdivision 22-1-2(50A); or (3) Cause the death of any person by means of an assisted suici…

Terms as used in this section and § 36-11-72 mean: (1) "Central pharmacy," a pharmacy with one or more remote pharmacies in which all sites are connected via computer link, video link, and audio link. The central pharmacy may be retail or hospital-based; (2) "Remote pharmacy," a …

The board shall promulgate rules pursuant to chapter 1-26 to provide for the regulation of telepharmacy in this state. The rules must provide for: (1) License and renewal application requirements, including: (a) Establishment of an initial license fee and a renewal fee, each not …

If the majority of ownership of a remote pharmacy changes, the new owners must, within thirty days after the ownership change: (1) Submit the renewal application prescribed by the board, as provided in § 36-11-72 , indicating the change of ownership; and (2) Pay the renewal fee e…

Expenses and compensation for services of the board, its inspectors, employees, and legal counsel shall be paid from the fees received by the board from license, registration, and other fees, and no part thereof shall be paid out of the general fund. Source: SDC 1939, § 27.1005; …

The Board of Pharmacy shall report annually to the Governor as provided by law for state officers and boards. Source: SL 1967, ch 102 , § 5; revised pursuant to SL 1971, ch 10 ; SL 2005, ch 199 , § 34.