CHAPTER 214

(HB 1031)

Telepharmacy regulated.


         ENTITLED, An Act to  provide for the regulation of telepharmacy and to establish a fee therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 36-11 be amended by adding thereto a NEW SECTION to read as follows:

     Terms as used in this Act 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 pharmacy staffed by a registered pharmacy technician with access to a central pharmacy with a registered pharmacist by computer link, video link, and audio link while open;

             (3)    "Telepharmacy practice," the practice whereby a licensed pharmacist uses telecommunications technology to provide personalized, electronically documented, real-time pharmaceutical care to patients at a remote pharmacy, including prescription dispensing and counseling, and to oversee and supervise remote pharmacy operations.

     Section  2.  That chapter 36-11 be amended by adding thereto a NEW SECTION to read as follows:

     The board shall promulgate rules pursuant to chapter 1-26 to provide for the regulation of telepharmacy in the state. The rules shall include:

             (1)    License requirements, including establishment of an annual license fee not to exceed two hundred fifty dollars;

             (2)    Minimum structural, security, and equipment requirements for the remote pharmacy;

             (3)    Minimum staffing requirements for the central pharmacy and remote pharmacy;

             (4)    Record keeping requirements for the central pharmacy and remote pharmacy;

             (5)    Establishment of policies and procedures for the daily operation of the remote pharmacy; and

             (6)    Use of automated dispensing machines.

     Signed February 28, 2007
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