Title 36, PROFESSIONS AND OCCUPATIONS

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…

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…

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…

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.

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 § 3-9-2 . Source: SDC 1939, § 27.1005; SL 1967, ch 102 , § 6; SL …

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…

A licensed pharmacy may utilize a remote drop site to deliver prescription drugs to patients if: (1) The remote drop site is under the supervision of the pharmacist-in-charge; and (2) The prescription drugs are prepared by, and remain under the control of, the pharmacy. A remote …

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.

Terms used in this chapter mean: (1) Repealed by SL 2017, ch 174 , § 1; (2) "Board," the Board of Pharmacy; (3) "Chain pharmacy warehouse," a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a …

As used in this chapter, the term, trading partner, means: (1) A manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wh…