Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-20E-1 Definition of terms
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Terms used in this chapter mean: (1) "Administer," the direct application of a controlled substance to the body of a patient. The term does not include the prescribing of a controlled substance for administration by the patient or someone other than the health care provider; (2) …
SDCL § 34-20E-10 Contracts to facilitate operation of prescription drug monitoring program
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The board may contract with another agency of this state, with an agency of another state, or with a private vendor to facilitate the effective operation of the prescription drug monitoring program. Any contractor is bound to comply with the provisions regarding confidentiality o…
SDCL § 34-20E-11 Immunity from civil liability
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Nothing in this chapter requires a prescriber or dispenser to obtain information about a patient from the central repository prior to prescribing or dispensing a controlled substance. A prescriber, dispenser, or other health care provider may not be held liable in damages to any …
SDCL § 34-20E-12 Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities
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The board shall review the information received by the central repository to determine if there is reason to believe: (1) A prescriber or dispenser may have engaged in an activity that may be a basis for disciplinary action by the board or regulatory agency responsible for the li…
SDCL § 34-20E-13 Correction of erroneous information
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Any patient, dispenser, or prescriber may request that erroneous information contained in the central repository be corrected or deleted. The board shall review the request to determine if the information is erroneous with respect to the patient, prescriber, or dispenser. The boa…
SDCL § 34-20E-14 Cooperation with other states
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The board shall adopt a procedure to allow information contained in the central repository to be shared with officials in other states acting for the purpose of controlled substance monitoring and for requesting and receiving similar controlled substance monitoring information fr…
SDCL § 34-20E-15 Advisory council established
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An advisory council is established to advise and make recommendations to the board regarding how to best use the program to improve patient care and foster the goal of reducing misuse, abuse, and diversion of controlled substances; to encourage cooperation and coordination among …
SDCL § 34-20E-16 Membership of advisory council
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The advisory council shall consist of: (1) One dispenser selected by the board; (2) One prescriber selected by the Board of Medical and Osteopathic Examiners; (3) One prescriber selected by the Board of Nursing; (4) One prescriber selected by the Board of Dentistry; (5) One presc…
SDCL § 34-20E-17 Recommendations of advisory council
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The advisory council shall make recommendations to the board regarding: (1) Safeguards for the release of information to persons who have access to the information contained in the central repository; (2) The confidentiality of program information and the integrity of the patient…
SDCL § 34-20E-18 Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board
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Any dispenser who knowingly fails to submit prescription monitoring information to the board as required by this chapter or knowingly submits incorrect prescription information may be reported by the board to the dispenser's licensing board. Source: SL 2010, ch 175 , § 18.
SDCL § 34-20E-19 Knowing disclosure of information in violation of chapter as felony
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Any person authorized to have prescription monitoring information pursuant to this chapter who knowingly discloses such information in violation of this chapter is subject to a Class 6 felony. Source: SL 2010, ch 175 , § 19.
SDCL § 34-20E-2 Prescription drug monitoring program to be established--Medical cannabis qualifying patients
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The board shall establish and maintain a prescription drug monitoring program to monitor the prescribing and dispensing of all controlled substances. The program shall utilize a central repository, to which each dispenser shall submit, by electronic means, information regarding e…
SDCL § 34-20E-2.1 Prescriber and dispenser registration with program required--Exception
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Any person who has a controlled drug or substance registration pursuant to § 34-20B-29 to prescribe or dispense any controlled drug or substance within this state must register with the program. Veterinarians licensed pursuant to chapter 36-12 are not subject to this requirement.…
SDCL § 34-20E-20 Promulgation of rules
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The board shall promulgate rules, pursuant to chapter 1-26 , for the operation of the program. Any rule promulgated shall be designed to assure the fair, equitable, and efficient operation of the program. The rules may address the following: (1) Criteria, procedures, and forms fo…
SDCL § 34-20E-21 Repealed
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Source: SL 2017, ch 158 , § 2, eff. June 30, 2022.
SDCL § 34-20E-3 Submission of information to central repository
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Each dispenser shall submit the information required by this chapter to the central repository at least every twenty-four hours unless the board waives this requirement for good cause shown by the dispenser. Source: SL 2010, ch 175 , § 3; SL 2017, ch 157 , § 3.
SDCL § 34-20E-4 Grounds for extension of time to submit information
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The board may grant an extension of the time in which a dispenser must report the information required by § 34-20E-2 to any dispenser that is unable to submit prescription information by electronic means because of one of the following occurrences: (1) The dispenser suffers a mec…
SDCL § 34-20E-5 Confidentiality of information
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Information submitted to the central repository is confidential and may not be disclosed except as provided in §
SDCL § 34-20E-6 Procedures for security of patent information
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The board shall establish and maintain procedures to ensure that the privacy, confidentiality, and security of patient information collected, recorded, transmitted, and maintained is not disclosed except as provided in §
SDCL § 34-20E-7 Disclosure of data in central repository to certain persons and entities
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Unless disclosure is prohibited by law, the board may provide data in the central repository to: (1) Any prescriber for the purpose of providing medical care to a patient, a dispenser for the purpose of filling a prescription or providing pharmaceutical care for a patient, a pres…
SDCL § 34-20E-8 Fees
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The board may charge a fee of ten dollars to any individual who requests information from the central repository pursuant to subdivision 34-20E-7(2). The board may charge a fee of one hundred dollars to any person who requests information from the central repository pursuant to s…
SDCL § 34-20E-9 Records of information requests
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The board shall maintain a record of each request for information from the central repository. The board may use the records to document and report statistics and outcomes. The board may provide records of the requests for information to: (1) Any board or regulatory agency respon…