Title 36, PROFESSIONS AND OCCUPATIONS

The practice of pharmacy in South Dakota is hereby declared to be a professional practice affecting the public health, safety, and welfare and is subject to regulation in the public interest. Source: SL 1967, ch 102 , § 1.

The Board of Pharmacy shall have all other powers and authority expressly conferred upon it or reasonably implied from the provisions of this chapter. Source: SL 1967, ch 102 , § 5.

The Board of Pharmacy shall promulgate rules pursuant to chapter 1-26 : (1) Pertaining to the practice of pharmacy; (2) Relating to the sanitation of persons and establishments licensed under the provisions of this chapter; (3) Pertaining to establishments licensed under the prov…

It is a Class 2 misdemeanor for any person other than a pharmacist to engage in the practice of pharmacy, except as provided by § 36-11-14 . Source: SDC 1939, § 27.1013; SL 1964, ch 86 ; SL 1967, ch 102 , § 14; SL 1977, ch 190 , § 166; SL 1993, ch 278 , § 5; SL 2025, ch 154 , § 5…

Nothing in this chapter applies to or in any manner interferes with the business of any physician, as a physician, or any licensed veterinarian, as a licensed veterinarian, or an optometrist, as a licensed optometrist, or prevent him from supplying, under his supervision, to his …

Any person, other than a pharmacist, who compounds or dispenses drugs, medicines, or poisons, or who keeps a pharmacy or store for retailing or compounding medicines, or who takes, uses, or exhibits the title of a pharmacist, is guilty of a Class 2 misdemeanor. Source: SDC 1939, …

The board shall issue a license to practice pharmacy to an individual who: (1) Submits an application prescribed by the board; (2) Submits an application fee set by the board through rules promulgated in accordance with chapter 1-26 , but not exceeding thirty-five dollars; (3) Is…

Each applicant for licensure as a pharmacist in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall sub…

The board may issue a license to practice pharmacy to an individual who applies to the board and submits satisfactory proof that the individual has been licensed by examination in another state, provided that the other state required a degree of competency at the time the individ…

A pharmacist may: (1) Perform drug administration pursuant to a prescription drug order; (2) Perform drug reviews; (3) Perform or participate in scientific or clinical drug or drug - related research as an investigator or in collaboration with other investigators; (4) Interpret a…

For purposes of §§ 36-11-19.2 to 36-11-19.9 , inclusive, a nonresident pharmacy is any pharmacy located outside this state that: (1) Ships, mails, or delivers any dispensed drug to a resident in this state pursuant to a legally issued prescription; and (2) Provides to a resident …

Any nonresident pharmacy shall be licensed before conducting business in this state. The Board of Pharmacy shall issue a license to any nonresident pharmacy which meets the requirements of §§ 36-11-19.2 to 36-11-19.9 , inclusive. In order to be licensed by the board to do busines…

The board may approve, approve with conditions, or deny the application for licensure or renewal of licensure as a nonresident pharmacy based on information concerning the qualifications of the applicant provided in the application. An applicant may appeal the decision of the boa…

Each nonresident pharmacy license expires on June thirtieth following the date of issuance. The board shall provide a renewal application to each licensee before June first of each year. If the licensee does not submit a renewal application, accompanied by the renewal fee, before…

The board may deny, revoke, or suspend a nonresident pharmacy license for conduct that causes serious bodily injury or serious psychological injury to a resident of this state, if the board has referred the matter to the regulatory or licensing agency in the state in which the no…

No nonresident pharmacy may dispense an equivalent drug product or an interchangeable biological product if a brand name has been prescribed, unless the dispensing is done in compliance with the laws of this state nor may dispense an equivalent drug product or an interchangeable …

A nonresident pharmacy shall obtain, record, and maintain pertinent patient information. The pharmacy shall provide patients a written offer to consult and access to a toll - free telephone service to facilitate communications between the patient and the pharmacist at the pharmac…

A nonresident pharmacy 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 considered to be its agent, upon whom may be served all legal process in any action or proceeding against the…

Terms used in this chapter mean: (1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018); (2) "Board," the State Board of Pharmacy; (3) "Brand name," the proprietary or registered trademark name given to a drug product by its manufacturer, labeler, or distri…

For the purpose of this chapter, "drugs" are: (1) Articles recognized in the official United States Pharmacopoeia or the official National Formulary, as adopted by the board through rules promulgated pursuant to chapter 1-26 , or recognized in the official Homeopathic Pharmacopoe…

The practice of pharmacy means: (1) Interpretation and evaluation of prescription drug orders and dispensing in the patient's best interest; (2) Provision of patient counseling and pharmaceutical care; and (3) The responsibility for compounding, distributing, labeling, and storag…

The board may, in compliance with chapter 1-26 , suspend, revoke, or refuse to issue or renew a license to practice pharmacy to any person who: (1) Is guilty of a felony or a misdemeanor involving moral turpitude; (2) Is addicted to the use of alcoholic liquors or narcotic drugs …

Nothing in this chapter shall be construed to invalidate any certificate of registration in force on July 1, 1967. Source: SDC 1939, § 27.1007; SL 1967, ch 102 , § 9.

To renew a license to practice pharmacy, a pharmacist must, on or before September thirtieth of each year, submit a renewal application and pay to the board a renewal fee set by the board in rules promulgated in accordance with chapter 1-26 , not to exceed one hundred fifty dolla…

There is hereby established a program of continuing education for licensed pharmacists within this state. Source: SL 1977, ch 296 , § 1.

The State Board of Pharmacy shall promulgate rules pertaining to continuing education of pharmacists. Such continuing education program shall not exceed twelve hours in length in any one year. Source: SL 1977, ch 296 , § 3; SL 1986, ch 302 , § 113.

As of October 1, 1980, no active pharmacist shall be eligible for relicensure in this state unless the pharmacist has met the continuing education requirements established by the State Board of Pharmacy. Source: SL 1977, ch 296 , § 2.

There is hereby established an advisory council to the State Board of Pharmacy consisting of two pharmacists appointed by the State Board of Pharmacy, two pharmacists appointed by the state college of pharmacy and four pharmacists appointed by the South Dakota Pharmacists Associa…

The board may issue a pharmacy intern certificate to an individual who is gaining experience as a qualification for licensure as a pharmacist. Any pharmacy intern issued an intern certificate shall perform the internship pursuant to rules promulgated by the board in accordance wi…

If the board is satisfied that any pharmacist is incompetent or disqualified to perform the duties of a pharmacist pursuant to § 36-11-20 or as contemplated by the provisions of this chapter, it may, in compliance with chapter 1-26 : (1) Issue a reprimand to the pharmacist; (2) P…

A person may not open or operate a pharmacy unless the pharmacy is licensed by the board. A violation of this section is a Class 2 misdemeanor. Each day of violation is a separate offense. Source: SDC 1939, § 27.1012; SL 1967, ch 102 , § 13; SL 1992, ch 158 , § 82; SL 2025, ch 15…

Only a person that has a pharmacy license issued by the board may: (1) Carry on, conduct, or transact business under a name that contains the term or words "drugstore," "pharmacy," or any term implying the operation of a pharmacy; and (2) Advertise, describe, or refer to a place …

The board may issue a pharmacy license only to: (1) A pharmacist who is the owner, or part owner, of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided: (a) The pharmacist will serve as the pharmacist-in-charge; or (b) Th…

The board may issue a license to operate a part - time pharmacy in a hospital, nursing facility, or related facility, provided that the pharmacy services are limited to inpatients or residents of the facility. The board may issue a license under this section if: (1) The owner of …

Each pharmacy license expires on June thirtieth following the date of issuance. To renew a pharmacy license, the owner must submit a renewal application on or before June thirtieth on a form prescribed by the board, and pay the renewal fee set by the board in rules promulgated in…

Each pharmacy license issued by the board must be posted in a place in the pharmacy that is viewable by the public. Source: SDC 1939, § 27.1015; SL 1943, ch 105 ; SL 1953, ch 122 ; SL 1967, ch 102 , § 15; SL 2025, ch 154 , § 22.

A pharmacy owner may change the designation of the pharmacist-in-charge, provided an application for the change is made upon a form prescribed by the board and upon payment of a fifty dollar fee. The application must be filed with the board not more than ten days after the change…

In the event of the death of the pharmacist-in-charge, the pharmacy license issued under this chapter shall, within one hundred twenty days after the date of death or on June thirtieth, whichever is sooner, become null and void, unless the designation of the pharmacist-in-charge …

The change of location of any pharmacy for which a license has been issued from one municipality to another within this state, or the cessation of business by the pharmacy, must be reported to the board within ten days from the occurrence on forms prescribed by the board. Source:…

The State Board of Pharmacy shall include four professional members who shall hold their offices for terms of three years or until their successors are appointed and qualified. No member may serve more than three consecutive full terms. The appointment of a person to an unexpired…

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…

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 …

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 …

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…

A practitioner may prohibit a pharmacist from selecting an equivalent drug product or interchangeable biological product by handwriting on the prescription drug order the words, brand necessary, or words of similar meaning. The prohibition may not be preprinted or stamped on the …

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…