Title 34 — PUBLIC HEALTH AND SAFETY

Types of damages recoverable under §

A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community: (1) For Level 4 participation, the county in which the defendant's place of participation is si…

Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other pla…

Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to…

Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may s…

Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. Source…

Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market dur…

Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture …

A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. For a plaintiff, the statute of lim…

On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: SL 1997, ch 20…

Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participa…

Any person may recover damages under this chapter for injury resulting from another person's use of an illegal drug. Source: SL 1997, ch 203 , § 4.

Any of the following persons may bring an action for damages caused by another person's use of an illegal drug: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) Any person who was exposed to an illegal drug in utero; (3) An employer of the …

Any person entitled to bring an action under § 34-20C-4 may seek damages from any of the following: (1) Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user; (2) Any person who knowingl…

Types of damages recoverable under §

No user may bring an action for damages caused by the use of an illegal drug except as otherwise provided in §§ 34-20C-8 to 34-20C-10 , inclusive. Source: SL 1997, ch 203 , § 8.

Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (1) The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to th…

Any user entitled to bring an action under § 34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user. Source: SL 1997, ch 203 , § 10.

No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescrip…

No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture…

The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by §

The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter. Source: SL 2014, ch 166 , § 4.

No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 wit…

Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting…

A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following: South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrin…

No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of §

No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter. Source: SL 2005, ch 178 , § 7.

If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, t…

The attorney general may grant a retailer a waiver pursuant to § 34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiv…

Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. So…

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) …

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…

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 …

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…

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…

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…

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 …

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…

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…

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.

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.

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…

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.…

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…

Source: SL 2017, ch 158 , § 2, eff. June 30, 2022.

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.

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…

Information submitted to the central repository is confidential and may not be disclosed except as provided in §

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 §

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…