State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|400T0329||HOUSE BILL NO. 1009|
Introduced by: The Committee on Health and Human Services at the request of the Board of Pharmacy
chapter to sell certain poisons, to wit:
|Date of Sale||Name of Poison or Preparation||Quantity||Purpose||Signature of Buyer or Person to Whom Delivered||Address||By Whom Introduced||By Whom Sold|
through chemical action within or on the body of man or other animals and which is
not dependent upon being metabolized for achievement of any of its principal
Pharmacy where drugs are dispensed and pharmaceutical care is provided to residents
of this state;
any retailer in this state for the purpose of resale, unless the retailer is licensed as provided in
this chapter to keep for sale and to resell such drug or medicine at retail. A violation of this
section is a Class 2 misdemeanor.
Section 15. That ARSD 20:51:05:08 be repealed.
20:51:05:08. Limitation on sale of self-medications. A pharmacist may not sell or deliver
for use in self-medication any drug or medicine which could be fatal to human life in doses of
60 grains or less until the pharmacist is satisfied that the person to whom the drug or medicine
is sold or delivered is a proper person to be entrusted with the poisonous drug or medicine and
that the person intends to use it only as directed and for purposes only for which it is indicated.
Section 16. That ARSD 20:51:05:09 be repealed.
20:51:05:09. Sale of certain self-medications require buyers to sign poison register. A
pharmacist may not sell or deliver for use in self-medications any drug or medicine which could
be fatal to human life in doses of 15 grains or less until the person to whom the drug or
medicine is sold or delivered has signed the pharmacy's poison register.
Section 17. That ARSD 20:51:05:10 be repealed.
20:51:05:10. Limitation on sale of drugs to persons under 16 years of age. No pharmacist
shall sell or deliver for use in self-medication, any poisonous drug or medicine to any person
under 16 years of age, except upon the written or telephone order of an adult person known to
Section 18. That ARSD 20:51:05:11 be repealed.
20:51:05:11. Verbal warning required on sale of potent drugs. No pharmacist shall sell or
deliver for use in self-medication, any potent drug or potent medicine, which if applied
externally or taken internally may impair the normal functions of any tissues or organ of the
body, unless the person to whom sold or delivered is a responsible adult person who has been
warned verbally before delivery is made against any danger in its use or against improper or
unsafe storage in the home.
Section 19. That ARSD 20:51:06:13 be repealed.
20:51:06:13. Display of nonprescription drugs in pharmacy. The owner of a pharmacy may
maintain outside of the prescription department and within the general merchandise area of the
pharmacy a segregated sales display of nonprescription drugs that nonpharmacist sales personnel
are permitted to sell under SDCL 36-11-51 and 36-11-52 and chapters 20:51:08 and 20:51:09.
The owner shall post signs furnished by the Board of Pharmacy for public display in connection
with the segregated sales display of selected nonprescription drugs. The pharmacist owner or
pharmacist manager shall prohibit retail sales to be made from the segregated sales display of
selected nonprescription drugs by any person who is not 17 years of age or older in accordance
with chapter 20:51:08. Retail places of business that may have a pharmacy on the premises but
sell nonprescription drugs from a segregated area outside the pharmacy at times when the
pharmacy is closed shall obtain a nonprescription drug license.
Section 20. That ARSD 20:51:08:01 be repealed.
20:51:08:01. Segregated sales display required. Every pharmacist conducting a retail
pharmacy in this state shall segregate the sales display of packaged drugs, medicines and
poisons from any sales display of general merchandise.
Section 21. That ARSD 20:51:08:03 be repealed.
20:51:08:03. No drug or poison can be displayed where buyer can pick up unless in
restricted drug area. No packaged drug, medicine or poison shall be openly displayed for sale,
within any pharmacy in this state, in a manner where the buyer may pick up and examine the
package, unless such packaged drug, medicine or poison is displayed within a restricted drug
area adjoining the prescription department of such pharmacy and within which restricted area
no articles of general merchandise are similarly displayed.
Section 22. That ARSD 20:51:08:04 be repealed.
20:51:08:04. Only pharmacists and persons over 16 can make sales from restricted drug
area. All sales from such restricted drug area must be completed by a registered pharmacist, or
by trained personnel over 16 years of age, who are acting under the direction and supervision
of such registered pharmacist.
Section 23. That ARSD 20:51:08:05 be repealed.
20:51:08:05. Requirements of sale from restricted drug area. Every person selling or making
delivery of any item from the restricted drug area shall be instructed by the pharmacist
supervisor not to sell or deliver:
(1) Any item from the restricted drug areas to any child under 12 years of age or to permit such children within the restricted drug area unless they are under constant supervision of an adult person;
(2) Any item which if applied externally or taken internally may impair the normal functions of any tissues or organ of the body, unless the buyer is a reasonable adult person who has been warned to keep the item out of the reach of small children;
(3) Any item, the labeling of which bears any warning or caution against use or duration of administration or application in such manner and form as are necessary for the protection of users, unless the buyer has been warned to use only as directed on the label;
(4) Any item, the labeling of which bears any warning or caution against use in pathological conditions or by children where its use may be dangerous to health, unless the seller is satisfied, after inquiry, that the buyer is not trying the item for self-medication for the first time and that the buyer understands the proper use of the item and is a proper person to be entrusted with the item. If the buyer has not used the item before, the buyer shall be referred to the pharmacist
supervisor for sale and delivery; and
(5) Any item, the labeling of which bears the statement, "Warning may be habit forming," unless the seller has been authorized by the pharmacist supervisor to complete the sale.
Section 24. That ARSD 20:51:08:06 be repealed.
20:51:08:06. Requirements for the sale of items from the restricted drug area. Every person
selling or delivering any item from the restricted drug area shall be instructed by the pharmacist
supervisor not to sell or deliver any of the following:
(1) Without prescription, a drug whose label bears the statement "Caution: Federal law prohibits dispensing without prescription";
(2) Poison to any person under 16 years of age or to any person known to be of unsound mind, except upon the written or telephoned order of a responsible adult known to the seller; and
(3) Poison, until the seller is satisfied, after inquiry, that the buyer understands the poisonous nature of the item and that the poison is to be used for legitimate purposes. If the poison is a schedule A poison, the buyer shall sign the pharmacy's poison register before the poison is sold or delivered.
Section 25. That ARSD 20:51:08:07 be repealed.
20:51:08:07. Restricted drug areas must be under supervision of pharmacist. Such restricted
drug area, shall, at all times when the pharmacy is open to the public, be under the vision and
supervision of a registered pharmacist.
Section 26. That ARSD 20:51:08:09 be repealed.
20:51:08:09. Self-service signs prohibited. No person, firm, or corporation shall hereafter
carry on, conduct, or transact business under a name which contains as a part thereof the words
"self-service drugs," "self-service drug," "self-service drug store," or "self-service pharmacy,"
or in any manner by advertisement, circular, poster, or sign, indicate to the public that drugs and
medicines are being displayed and offered for sale by the methods of self-service.
Section 27. That ARSD 20:51:09:01 be repealed.
20:51:09:01. Application. Application for registration as a dealer of nonprescription drugs
must be made upon a form prescribed by the Board of Pharmacy showing the contact person and
the name and address of business conducted. The application must be accompanied by the
license fee of $20.
Section 28. That ARSD 20:51:09:03 be repealed.
20:51:09:03. Original package sales only. Nonprescription drugs may be sold at retail only
in the original package in which they are purchased.
Section 29. That ARSD 20:51:09:04 be repealed.
20:51:09:04. Labeling requirements. The immediate container of any nonprescription drug,
as well as the outside container or wrapper, if any, of the retail package of the article, unless the
outside container or wrapper is such that the wording on the immediate container is easily
legible through the outside container or wrapper, must bear a prominent label, with such
conspicuousness and such terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use, showing the following:
(1) The common or usual name of the nonprescription drug and if it is fabricated from two or more ingredients, the common or usual name of each active ingredient;
(2) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count;
(3) Adequate directions for use; such directions may not prescribe, recommend, or suggest dosage, frequency, or duration of use that is dangerous to health;
(4) Adequate warning against use in pathological conditions or by children if its use may
be dangerous to health, or against unsafe dosage, methods, or duration of administration or
application, in such manner and form as are necessary for the protection of users;
(5) The name and place of business of the manufacturer, packager, or distributor; and
(6) If the nonprescription drug is likely to deteriorate, it must be packaged in such form and manner, and its label bear a statement of the necessary precautions, for the protection of the public health.
Section 30. That ARSD 20:51:09:05 be repealed.
20:51:09:05. Segregated sales display of nonprescription drugs required. Any licensed
dealer in nonprescription drugs shall segregate the sales display of nonprescription drugs from
any sales display of general merchandise.
Section 31. That ARSD 20:51:09:06 be repealed.
20:51:09:06. Restricted sales for the protection of public health. A dealer in nonprescription
drugs or the dealer's agent may not sell or deliver any nonprescription drug:
(1) Which if applied externally or taken internally may impair the normal functions of any tissues or organ of the body, unless the person to whom sold and delivered is a responsible adult person who has been warned at the time of sale and delivery to keep the nonprescription drug out of the reach of small children;
(2) Which could be fatal to human life in doses of 60 grains, or less, to any minor person under 16 years of age, or to any person known to be of unsound mind, except under the written or telephone order of a responsible adult person known to the registered dealer in nonprescription drugs; or
(3) Intended for human use, the labeling of which bears any warning or caution against use in pathological conditions or by children if its use may be dangerous to health, unless the seller is satisfied, after inquiry, that the buyer is not trying the nonprescription drug for self-medication
for the first time and that the buyer understands all of the warning and caution statements and
the proper use of the nonprescription drug and is a proper person to be entrusted with the
Section 32. That ARSD 20:51:09:07 be repealed.
20:51:09:07. Course of study kept on file. Any licensed dealer in nonprescription drugs
shall keep on file in the dealer's retail place of business a reference book or a limited course of
study on the retailing and medicinal uses of nonprescription drugs.
Section 33. That ARSD 20:51:09:09 be repealed.
20:51:09:09. Nonprescription drugs defined. The term nonprescription drugs as it relates
to the practice of pharmacy is defined in SDCL subdivision 36-11-2(15A).
Section 34. That ARSD 20:51:10:01 be repealed.
20:51:10:01. Poison definitions. The word poison wherever it appears in South Dakota
Board of Pharmacy regulations means:
(1) Any article of commerce offered for retail in the manufacturer's original package and whether labeled with the word "poison" for shipment in interstate commerce or not, which article of commerce is intended for medicinal use and is being bought and sold for medicinal purposes as evidenced by its labeling which bears:
(a) Any reference to its standard of purity that such article is suitable for use as medicine by using the abbreviation for the United States Pharmacopeia "U.S.P.", or the abbreviation for the National Formulary "N.F.";
(b) Any recommendation for use in the prevention, relief or cure of diseases in man or for animal; or
(c) Any directions for treatment of diseases in man or animal, which article of commerce would be fatal to any human life in repeated doses of 60 grains as defined in SDCL
34-20-1 to 34-20-5, inclusive, and
(2) Any other article of commerce specifically named, defined, or referred to in SDCL 34-20, and none other.
Section 35. That ARSD 20:51:10:09 be repealed.
20:51:10:09. Designated poisons. The following are designated as poisons:
(1) Insecticides containing not more than 40 percent of nicotine sulphate;
(2) Sodium flouride when labeled for use as a medicine or insecticide;
(3) Toilet bowl cleaners containing more than 10 percent hydrochloric acid;
(4) Poisonous veterinary remedies whether labeled "poison" for shipment in interstate commerce or not, but which would be fatal to human life in repeated doses of 60 grains, or less, as defined in SDCL 34-20-2 and 34-20-3; provided, each such veterinary remedy is fabricated from two or more ingredients and it is marketed under a trade name; and provided, further, that the label or labeling of the original package of any such veterinary remedy does not bear:
(a) Any recommendations or directions for use by man;
(b) Any directions for use in the treatment of animals other than for external application or for oral administration;
(c) Any statement regarding its storage other than at normal room temperatures; or
(d) Any expiration date beyond which such poisonous veterinary remedy should not be used;
(5) The above and foregoing products shall be a part of the list of poisons designated by law for sale by individuals licensed pursuant to SDCL 34-20-8.