36-11-1. Public interest in regulation of practice. 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.
36-11-10. Residual and implied powers of board. 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.
36-11-11. Promulgation of rules. The Board of Pharmacy may 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 provisions of this chapter wherein any drug is compounded, prepared, dispensed or sold; […]
36-11-13. Unregistered practice of pharmacy as misdemeanor. It is a Class 2 misdemeanor for any person other than a pharmacist registered under the laws of South Dakota 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 […]
36-11-14. Physicians and veterinarians unaffected by chapter. 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 patients such drugs […]
36-11-15. Unregistered dispensing of drugs or operation of pharmacy as misdemeanor. Any person other than a registered 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 registered pharmacist is guilty of a Class […]
36-11-16. Requirements for registration as pharmacist. Any person of good moral character and temperate habits, not less than eighteen years of age, who is a graduate of a college of pharmacy recognized and approved by the board, and who has had the necessary experience as determined by the board in the practice of pharmacy under […]
36-11-16.1. Criminal background investigation of applicants for licensure and licensees under disciplinary investigation–Fees. 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 […]
36-11-17. Registration fee. Every person initially applying for a certificate of registration with the Board of Pharmacy as a registered pharmacist shall pay to the board with the application a fee, not to exceed thirty-five dollars, set by the board by rule promulgated pursuant to chapter 1-26. Source: SDC 1939, §27.1010; SL 1967, ch 102, […]
36-11-18. Examination of applicants for registration–Grant of certificates to qualified persons. It shall be the duty of the Board of Pharmacy to examine all applications for registration submitted in due form as provided in the rules and regulations of the board and to grant certificates of registration to such persons as may be entitled to […]
36-11-19. Registration of applicants registered in other states–Fee. The Board of Pharmacy may in its discretion grant certificates of registration to such persons as shall furnish with their applications satisfactory proof that they have been registered by examination in some other state; provided that such other state required a degree of competency at the time […]
36-11-19.1. Authority of registered pharmacists. Registered pharmacists may: (1)Perform drug administration pursuant to a prescription drug order. The Board of Pharmacy shall establish standards for drug administration pursuant to chapter 1-26 with the approval of a committee composed of two persons appointed by the Board of Pharmacy, two persons appointed by the Board of Nursing […]
36-11-19.2. Nonresident pharmacy defined. 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 of this state information on drugs or devices including […]
36-11-19.3. Requirements for licensure of nonresident pharmacy. 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 business in this state, a […]
36-11-19.4. Denial of nonresident pharmacy’s application–Appeal. 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 board regarding licensure or renewal of licensure […]
36-11-19.5. Expiration and renewal of nonresident pharmacy license. Each nonresident pharmacy license expires on June thirtieth following the date of issue. The board shall mail an application for license renewal to each licensee before June first of each year. If application for renewal of the license accompanied by the annual license fee is not made […]
36-11-19.6. Conduct causing denial, revocation, or suspension of nonresident pharmacy license–Contested case. The board may deny, revoke, or suspend a nonresident pharmacy registration for conduct which 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 […]
36-11-19.7. Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product. 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 […]
36-11-19.8. Recording patient information–Toll-free telephone service–Written information on new or changed prescriptions. 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 pharmacy. The number of […]
36-11-19.9. Designation of resident agent for nonresident pharmacy. 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 […]
