Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-20H-1 Definitions
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Terms used in this chapter mean: (1) "Medical supply," any product necessary to administer a prescription drug; and (2) "Participating pharmacy," a pharmacy that: (a) Is licensed pursuant to chapter 36-11 ; and (b) Has provided written notice to the State Board of Pharmacy regard…
SDCL § 34-20H-2 Acceptance of donated drugs and supplies––Conditions--Prohibitions
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Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if: (1) The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose pack…
SDCL § 34-20H-3 Inspection requirement
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A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with § 36-11-32 , has inspected the drug or medical supply and repackaged it, as necessary, for dispensing. Source: SL 2022, ch 137 , § 3.
SDCL § 34-20H-4 Participating pharmacy––Requirements
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A participating pharmacy shall: (1) Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies; (2) Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State B…
SDCL § 34-20H-5 Reimbursement
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A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6 . Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated d…
SDCL § 34-20H-6 Fees authorized
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A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies. Source: SL 2022, ch 137 , § 6.
SDCL § 34-20H-7 Promulgation of rules
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The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26 , to: (1) Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria: (a) Prioritize persons who are indigent or without insurance coverage; an…
SDCL § 34-20H-8 Criminal prosecution--Civil liability--Exemptions--Immunity
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A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug…
SDCL § 34-20H-9 Electronic database of drugs and supplies
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The State Board of Pharmacy shall develop and maintain, for use by prescribers and pharmacists, an electronic database that provides a searchable inventory of prescription drugs and medical supplies donated under this chapter. The board shall post a current list of participating …