ENTITLED, An Act to repeal certain provisions relating to licenses issued by the Board of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20-7 be repealed.
Section 2. That § 34-20-8 be repealed.
Section 3. That § 34-20-9 be repealed.
Section 4. That § 34-20-10 be repealed.
Section 5. That § 34-20-11 be repealed.
Section 6. That § 34-20-12 be repealed.
Section 7. That § 34-20-13 be repealed.
Section 8. That § 34-20-22 be repealed.
Section 9. That § 36-11-2 be amended to read as follows:
36-11-2. Terms used in this chapter mean:
(1) "Association," the South Dakota Pharmacists Association;
(2) "Board" or "board of pharmacy," the State Board of Pharmacy in South Dakota;
(3) "Brand name," the proprietary or registered trademark name given to a drug product by
its manufacturer, labeler or distributor and placed on the drug or on its container, label or
wrapping at the time of packaging;
(4) "Chemicals," the chemical materials or medicine;
(5) "Compounding," the preparation, mixing, assembling, packaging or labeling of a drug or
drug device as the result of a practitioner's prescription drug order or an initiative based
on the pharmacist/patient/practitioner relationship in the course of professional practice
or for the purpose of or as an incident to research, teaching or chemical analysis and not
for sale or dispensing. Compounding also includes the preparation of drug or drug devices
in anticipation of prescription drug orders based on routine, regularly observed prescribing
(6) "Delivery," the actual, constructive or attempted transfer of a drug or drug device from
one person to another, whether or not for a consideration;
(7) "Dispense" or "Dispensing," the preparation and delivery of a drug to a patient or a
patient's agent pursuant to a prescription drug order in a suitable container with
appropriate labeling for subsequent administration to or use by a patient. Dispensing
includes preparation of labels for drug devices if the labeling is related to the dosage and
administration of drugs;
(8) "Distributing," the delivery of a drug or drug device other than by administration or
(9) "Drug administration," the direct application of a drug or drug device by injection,
inhalation, ingestion or any other means to the body of a patient or research subject;
(10) "Drug device," equipment, process, biotechnological entity, diagnostic agent or other
product used in combination with a drug to provide effective management of medication
(11) "Drug utilization review program," any program operated solely or partially as a
professional standards review organization whose purpose is to educate pharmacists and
practitioners on severe adverse reactions to drugs, therapeutic appropriateness,
overutilization and underutilization, appropriate use of generic products, therapeutic
duplication, drug-disease contraindications, drug-drug interactions, incorrect drug dosage
or duration of drug treatment, drug-allergy interactions and clinical abuse or misuse, as
well as to identify and reduce the frequency of patterns of potential and actual fraud,
abuse, gross overuse, inappropriate care or medically unnecessary care associated with
specific drugs or groups of drugs among practitioners, pharmacists and patients;
(12) "Equivalent drug product," a drug product that is considered to be therapeutically
equivalent to other pharmaceutically equivalent products as determined by the latest
edition of Approved Drug Products with Therapeutic Equivalence Evaluations, as adopted
by the South Dakota Board of Pharmacy pursuant to chapter 1-26;
(13) "Labeling," the process of preparing and affixing a label to any drug or drug device
container exclusive of the labeling by the manufacturer, packer or distributor of a
nonprescription drug or commercially packaged legend drug or drug device;
(14) "Medical device," an instrument, apparatus, implement, machine, contrivance, implant,
in vitro reagent or other similar or related article, including any component, part or
accessory, which is intended for use in the diagnosis of disease or other conditions or in
the cure, mitigation, treatment or prevention of disease in man or other animals or is
intended to affect the structure or any function of the body of man or other animals, which
does not achieve any of its principal intended purposes 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 intended purposes;
(15) "Medicines," drugs or chemicals or their preparations in suitable form for the prevention,
relief or cure of diseases when used either internally or externally by man or for animals;
(15A) "Nonprescription drugs," drugs which are labeled for use by the general public in
accordance with § 502 of the Federal Food, Drug and Cosmetic Act as amended through
January 1, 1997, and may be sold without a prescription drug order in accordance with
§ 503 of the Federal Food, Drug and Cosmetic Act as amended through January 1, 1997.
The term does not include drugs which are required by federal law to bear the statement,
"Caution: federal law prohibits dispensing without prescription," drugs intended for
human use by hypodermic injection, or animal remedies regulated by chapter 39-18;
(16) "Patient counseling," oral communication by the pharmacist of information to the patient
or caregiver, as defined in rules promulgated pursuant to chapter 1-26, to improve therapy
by ensuring proper use of drugs and drug devices;
(17) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient care
services intended to achieve outcomes related to cure or prevention of a disease,
elimination or reduction of a patient's symptoms or arresting or slowing of a disease
(18) "Pharmacist," an individual licensed by the State Board of Pharmacy to engage in the
practice of pharmacy;
(19) "Pharmacy," any place within or outside this state licensed by the State Board of
Pharmacy where drugs are dispensed and pharmaceutical care is provided to residents of
(20) "Practitioner," an individual licensed, registered or otherwise authorized by the
jurisdiction in which he is practicing to prescribe drugs in the course of professional
(21) "Prescription drug order," a written or oral order of a practitioner for a drug or drug device
for a specific patient;
(22) "Registered pharmacy technician," a person registered by the board who is employed by
a pharmacy to assist licensed pharmacists in the practice of pharmacy by performing
specific tasks delegated by and under the immediate personal supervision and control of
a licensed pharmacist, as permitted by the board;
(23) "Retail place of business," any place where merchandise is sold at retail and from which
original packages of nonprescription drugs are sold or taken to be sold at retail;
(24) "Reverse distributor," any person or business registered with the Drug Enforcement
Administration that accepts drug products from vendors and returns the drug products to
manufacturers for credit or destruction.
Section 10. That § 36-11-11 be amended to read as follows:
36-11-11. The Board of Pharmacy may promulgate rules pursuant to chapter 1-26 as follows:
(1) Pertaining to the practice of pharmacy;
(2) Relating to the sanitation of persons and establishments licensed under the provisions of
(3) Pertaining to establishments licensed under the provisions of this chapter wherein any
drug is compounded, prepared, dispensed or sold;
(4) Providing for minimum equipment and standards of establishments licensed under the
provisions of this chapter;
(5) Pertaining to the sale of drugs by or through any mechanical device;
(6) In cooperation with other governmental agencies where there exists a joint responsibility
for protecting the public health and welfare;
(7) Pertaining to the sale of nonprescription drugs;
(8) To adopt such publications or supplements thereto as shall from time to time be deemed
necessary to describe the drugs, medicines, prescription drugs, dispensing physician or
other terms used in § 36-11-2;
(9) Pertaining to the posting of prescription prices on the premises of a pharmacy department
to provide consumers with comparative pricing information;
(10) Pertaining to registration of drug wholesalers and manufacturers;
(11) Pertaining to home health care and service;
(12) Pertaining to computerized pharmacy;
(13) Pertaining to the registration of registered pharmacy technicians and the suspension or
revocation of registration; an annual registration fee not to exceed thirty dollars; and tasks
that may not be delegated by a licensed pharmacist to a registered technician;
(14) Redispensing of pharmaceuticals.
Section 11. That § 36-11-51 be repealed.
Section 12. That § 36-11-52 be repealed.
Section 13. That § 36-11-60 be repealed.
Section 14. That § 36-11-61 be repealed.
Section 15. That ARSD 20:51:05:08 be repealed.
Section 16. That ARSD 20:51:05:09 be repealed.
Section 17. That ARSD 20:51:05:10 be repealed.
Section 18. That ARSD 20:51:05:11 be repealed.
Section 19. That ARSD 20:51:06:13 be repealed.
Section 20. That ARSD 20:51:08:01 be repealed.
Section 21. That ARSD 20:51:08:03 be repealed.
Section 22. That ARSD 20:51:08:04 be repealed.
Section 23. That ARSD 20:51:08:05 be repealed.
Section 24. That ARSD 20:51:08:06 be repealed.
Section 25. That ARSD 20:51:08:07 be repealed.
Section 26. That ARSD 20:51:08:09 be repealed.
Section 27. That ARSD 20:51:09:01 be repealed.
Section 28. That ARSD 20:51:09:03 be repealed.
Section 29. That ARSD 20:51:09:04 be repealed.
Section 30. That ARSD 20:51:09:05 be repealed.
Section 31. That ARSD 20:51:09:06 be repealed.
Section 32. That ARSD 20:51:09:07 be repealed.
Section 33. That ARSD 20:51:09:09 be repealed.
Section 34. That ARSD 20:51:10:01 be repealed.
Section 35. That ARSD 20:51:10:09 be repealed.
An Act to repeal certain provisions relating to licenses issued by the Board of Pharmacy.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1009
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1009
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State