South Dakota 2025 2025 Regular Session

South Dakota House Bill HB1016 Enrolled / Bill

Filed 03/10/2025

                    25.365.19 	100th Legislative Session 	1016 
 
 
2025 South Dakota Legislature 
House Bill 1016 
ENROLLED 
 
AN ACT 
 
 
ENTITLED An Act to revise provisions related to pharmacy and to increase fees. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 
Section 1. That § 13-33A-4 be AMENDED: 
13-33A-4. Any school may acquire and maintain a stock of epinephrine auto -
injectors pursuant to a prescription issued by an authorized health care provider for use 
in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions 
of this section are not subject to the prescription requirements in chapter 36-11. 
Section 2. That § 36-11-2 be AMENDED: 
36-11-2. Terms used in this chapter mean: 
(1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018); 
(2) "Board," the State Board of Pharmacy; 
(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) "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. The term also includes the 
preparation of drug or drug devices in anticipation of prescription drug orders based 
on routine, regularly observed prescribing patterns; 
(5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device 
from one person to another, whether or not for a consideration; 
(6) "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  25.365.19 	2 	1016 
HB1016 ENROLLED 
labeling for subsequent administration to or use by a patient. The term includes 
preparation of labels for drug devices if the labeling is related to the dosage and 
administration of drugs; 
(7) "Distributing," the delivery of a drug or drug device other than by administration 
or dispensing; 
(8) "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; 
(9) "Drug device," equipment, process, biotechnological entity, diagnostic agent, or 
other product used in combination with a drug to provide effective management of 
medication regimens; 
(10) "Equivalent drug product," a drug product, other than a biological product, that is 
considered to be therapeutically equivalent to other pharmaceutically equivalent 
products as determined by the edition of Approved Drug Products with Therapeutic 
Equivalence Evaluations adopted by the board through rules promulgated pursuant 
to chapter 1-26; 
(11) "Interchangeable biological product," a biological product that the United States 
Food and Drug Administration either has licensed and determined meets the 
standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), (January 1, 
2018), or has determined is therapeutically equivalent, as set forth in the edition 
of Approved Drug Products with Therapeutic Equivalence Evaluations as adopted 
by the board through rules promulgated pursuant to chapter 1-26; 
(12) "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; 
(13) "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; 
(14) "Nonprescription drugs," drugs that are labeled for use by the general public in 
accordance with 21 U.S.C. § 352 (January 1, 2025), and may be sold without a 
prescription drug order in accordance with 21 U.S.C. § 353 (January 1, 2025). The 
term does not include drugs that 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;  25.365.19 	3 	1016 
HB1016 ENROLLED 
(15) "Patient counseling," oral communication by the pharmacist of information to the 
patient or caregiver to improve therapy by ensuring proper use of drugs and drug 
devices; 
(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient 
care services intended to achieve outcomes related to curing or preventing a 
disease, eliminating or reducing a patient's symptoms, or arresting or slowing a 
disease process; 
(17) "Pharmacist," a person licensed by the board to engage in the practice of 
pharmacy; 
(18) "Pharmacy," any place of business within or outside this state where drugs are 
dispensed and pharmaceutical care is provided to residents of this state; 
(19) "Practitioner," a person licensed, registered, or otherwise authorized by the 
jurisdiction in which the person is practicing to prescribe drugs in the course of 
professional practice; 
(20) "Prescription drug order," a written or oral order of a practitioner for a drug or drug 
device for a specific patient; 
(21) "Proper name," the nonproprietary name for a biological product designated by the 
United States Food and Drug Administration license for use upon each package of 
the product; and 
(22) "Registered pharmacy technician," a person registered by the board who is 
employed by a pharmacy to assist pharmacists in the practice of pharmacy by 
performing specific tasks delegated by and under the immediate personal 
supervision and control of a pharmacist, as permitted by the board. 
Section 3. That § 36-11-2.1 be AMENDED: 
36-11-2.1. For the purpose of this chapter, "drugs" are: 
(1) Articles recognized in the official United States Pharmacopoeia or the official 
National Formulary, as adopted by the board through rules promulgated pursuant 
to chapter 1-26, or recognized in the official Homeopathic Pharmacopoeia of the 
United States as in effect on January 1, 1993; 
(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention 
of disease in humans or other animals; 
(3) Articles, other than food, intended to affect the structure or any functions of the 
human body; and 
(4) Articles intended for use as a component of any articles specified in this section.  25.365.19 	4 	1016 
HB1016 ENROLLED 
The term "drugs" excludes medical devices. 
For the purposes of this section, "medical device" means an instrument, apparatus, 
implement, machine, contrivance, implant, in vitro reagent, or other similar or related 
article, including any component, part, or accessory, that is intended for use in the 
diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention 
of disease in humans or animals, or is intended to affect the structure or any function of 
the body of humans or animals, that does not achieve any of its princi pal intended 
purposes through chemical action within or on the body of humans or animals and that is 
not dependent upon being metabolized for achievement of any of its principal intended 
purposes. 
Section 4. That § 36-11-5 be AMENDED: 
36-11-5. The board shall hold meetings for the examination of applicants for 
licensure and registration, and the transaction of other business that pertains to its duties. 
Special meetings of the board may be held whenever deemed necessary by a majority of 
the board. Three members of the board constitutes a quorum. 
Section 5. That § 36-11-13 be AMENDED: 
36-11-13. It is a Class 2 misdemeanor for any person other than a pharmacist to 
engage in the practice of pharmacy, except as provided by § 36-11-14. 
Section 6. That § 36-11-15 be AMENDED: 
36-11-15. Any person, other than a 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 pharmacist, is guilty 
of a Class 2 misdemeanor. 
Section 7. That § 36-11-16 be AMENDED: 
36-11-16. The board shall issue a license to practice pharmacy to an individual 
who: 
(1) Submits an application prescribed by the board; 
(2) Submits an application fee set by the board through rules promulgated in 
accordance with chapter 1-26, but not exceeding thirty-five dollars; 
(3) Is of good moral character and temperate habits;  25.365.19 	5 	1016 
HB1016 ENROLLED 
(4) Is not less than eighteen years of age; 
(5) Is a graduate of a college of pharmacy recognized and approved by the board; 
(6) Has had the necessary experience as determined by the board in the practice of 
pharmacy under a regularly licensed pharmacist in a pharmacy where physicians' 
prescriptions are compounded; and 
(7) Has passed an examination prescribed by the board. 
The board may allow credit for suitable military and research activities in the field 
of pharmacy as part of the experience requirement. 
Section 8. That § 36-11-19 be AMENDED: 
36-11-19. The board may issue a license to practice pharmacy to individual who 
applies to the board and submits satisfactory proof that the individual has been licensed 
by examination in another state, provided that the other state required a degree of 
competency at the time the individual was licensed at least equal to that required in this 
state at that same time. 
The board may, in determining the degree of fitness required by other states' 
boards of pharmacy for granting licensure, join with other states' boards of pharmacy. 
Every individual applying for licensure pursuant to this section shall pay to the board an 
application fee, not to exceed one hundred fifty dollars, set by the board by rule 
promulgated pursuant to chapter 1-26. 
Section 9. That § 36-11-19.1 be AMENDED: 
36-11-19.1. A pharmacist may: 
(1) Perform drug administration pursuant to a prescription drug order; 
(2) Perform drug reviews; 
(3) Perform or participate in scientific or clinical drug or drug-related research as an 
investigator or in collaboration with other investigators; 
(4) Interpret and apply pharmacokinetic data and other pertinent laboratory data to 
design safe and effective drug dosage regimens; 
(5) Participate in drug and drug device selection pursuant to a prescription drug order; 
(6) Initiate or modify drug therapy by protocol or other legal authority established and 
approved within a licensed health care facility or by a practitioner authorized to 
prescribe drugs; and 
(7) Provide information on prescription drugs, which may include advising, consulting, 
and educating, as necessary or as required, patients, the public, and other health  25.365.19 	6 	1016 
HB1016 ENROLLED 
care providers on the rational, safe and cost-effective use of drugs, including 
therapeutic values, content, hazards and appropriate use. 
The board shall establish standards for drug administration, in rules promulgated 
pursuant to chapter 1-26, with the approval of a committee composed of two persons 
appointed by the board, two persons appointed by the South Dakota Board of Nursing, 
and two persons appointed by the State Board of Medical and Osteopathic Examiners. 
Section 10. That § 36-11-19.5 be AMENDED: 
36-11-19.5. Each nonresident pharmacy license expires on June thirtieth following 
the date of issuance. The board shall provide a renewal application to each licensee before 
June first of each year. If the licensee does not submit a renewal application, accompanied 
by the renewal fee, before the expiration date, the license lapses on the date of expiration. 
The board shall promulgate rules, pursuant to chapter 1-26, to establish the renewal fee, 
which may not exceed two hundred dollars. If the renewal application is submitted after 
the expiration of the license, the board must assess a fifty-dollar late fee and may reinstate 
the license. 
If a majority of ownership of a licensed nonresident pharmacy changes, the new 
owners must, within thirty days after the ownership change: 
(1) Submit the renewal application, indicating the change of ownership; and 
(2) Pay the renewal fee established by the board as provided in this section. 
Section 11. That § 36-11-19.6 be AMENDED: 
36-11-19.6. The board may deny, revoke, or suspend a nonresident pharmacy 
license for conduct that 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 state in which the nonresident pharmacy is located and the regulatory or 
licensing agency fails to initiate an investigation within forty-five days after the referral. 
Any action taken to deny, revoke, or suspend a nonresident pharmacy license is a 
contested case proceeding pursuant to chapter 1-26. 
Section 12. That § 36-11-20 be AMENDED: 
36-11-20. The board may, in compliance with chapter 1-26, suspend, revoke, or 
refuse to issue or renew a license to practice pharmacy to any person who: 
(1) Is guilty of a felony or a misdemeanor involving moral turpitude;  25.365.19 	7 	1016 
HB1016 ENROLLED 
(2) Is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to 
render the person unfit to practice pharmacy with reasonable skill and safety; 
(3) Procured a license by fraud or by false representation; 
(4) Is permitting or engaging in the unauthorized sale of legend or controlled drugs or 
substances; or 
(5) The board finds to be in violation of any law, rule, or regulation governing 
pharmacists. 
Section 13. That § 36-11-23 be AMENDED: 
36-11-23. To renew a license to practice pharmacy, a pharmacist must, on or 
before September thirtieth of each year, submit a renewal application and pay to the board 
a renewal fee set by the board in rules promulgated in accordance with chapter 1-26, not 
to exceed one hundred fifty dollars. Upon application and payment of the fee, the board 
shall renew the license. If a pharmacist fails to apply and pay the renewal fee, the license 
expires. 
The board may reinstate an expired license if the individual: 
(1) Applies for reinstatement; and 
(2) Pays all delinquent fees, plus a fifty-dollar late fee. 
Section 14. That § 36-11-25 be AMENDED: 
36-11-25. The board may issue a pharmacy intern certificate to an individual who 
is gaining experience as a qualification for licensure as a pharmacist. Any pharmacy intern 
issued an intern certificate shall perform the internship pursuant to rules promulgated by 
the board in accordance with chapter 1-26. Nothing in this section may be construed as 
giving a pharmacy intern authority to fill any prescription, except under the supervision 
and in the presence of the pharmacist. 
Section 15. That § 36-11-26 be AMENDED: 
36-11-26. If the board is satisfied that any pharmacist is incompetent or 
disqualified to perform the duties of a pharmacist pursuant to § 36-11-20 or as 
contemplated by the provisions of this chapter, it may, in compliance with chapter 1-26: 
(1) Issue a reprimand to the pharmacist; 
(2) Place the pharmacist on probation and supervision;  25.365.19 	8 	1016 
HB1016 ENROLLED 
(3) Suspend the pharmacist's license until the pharmacist completes a course of 
therapy, treatment, training, or any combination thereof; 
(4) Suspend the pharmacist's license for a fixed period; and 
(5) Revoke the pharmacist's license. 
An individual may appeal a decision of the board as provided in chapter 1-26. 
Section 16. That § 36-11-30 be AMENDED: 
36-11-30. A person may not open or operate a pharmacy unless the pharmacy is 
licensed by the board. 
A violation of this section is a Class 2 misdemeanor. Each day of violation is a 
separate offense. 
Section 17. That § 36-11-31 be AMENDED: 
36-11-31. Only a person that has a pharmacy license issued by the board may: 
(1) Carry on, conduct, or transact business under a name that contains the term or 
words "drugstore," "pharmacy," or any term implying the operation of a pharmacy; 
and 
(2) Advertise, describe, or refer to a place of business, in any manner, by the terms 
"drugstore" or "pharmacy," or any other term or words implying the operation of 
a pharmacy. 
A violation of this section is a Class 2 misdemeanor. 
Section 18. That § 36-11-32 be AMENDED: 
36-11-32. The board shall issue a pharmacy license to a pharmacist in good 
standing, if the pharmacist: 
(1) Submits a form prescribed by the board; and 
(2) Pays a fee, not to exceed two hundred dollars, set by the board in rules 
promulgated in accordance with chapter 1-26. 
Section 19. That § 36-11-33 be AMENDED: 
36-11-33. The board may issue to a pharmacist in good standing a license to 
operate a part-time pharmacy in a hospital, nursing facility, or related facility, provided 
that the pharmacy services are limited to inpatients or residents of the facility. 
The board may issue a license under this section if:  25.365.19 	9 	1016 
HB1016 ENROLLED 
(1) The pharmacist submits a form prescribed by the board and pays a fee, not to 
exceed two hundred dollars, set by the board in rules promulgated in accordance 
with chapter 1-26; and 
(2) The merchandise and fixtures of the pharmacy are owned by a person other than 
the pharmacist applying for the license. 
The pharmacist must comply with the provisions of this chapter and with minimum 
standards as established by the board in rules promulgated pursuant to chapter 1-26. 
Section 20. That § 36-11-34 be AMENDED: 
36-11-34. The board may not issue a pharmacy license to any pharmacist 
applicant unless: 
(1) The applicant is the owner, or part owner, of the merchandise and fixtures of the 
place of business for which the pharmacy license is applied for; 
(2) The application is made jointly with a pharmacist owner; or 
(3) The nonpharmacist owner of the merchandise and fixtures of the place of business 
for which the pharmacy license is applied for, has submitted an affidavit on a form 
prescribed by the board delegating complete responsibility for the pharmaceutical 
services in said place of business to the pharmacist applicant. 
Section 21. That § 36-11-35 be AMENDED: 
36-11-35. Each pharmacy license expires on June thirtieth following the date of 
issue. To renew a pharmacy license, the pharmacist must submit a renewal application on 
or before June thirtieth on a form prescribed by the board, and pay the renewal fee set 
by the board in rules promulgated in accordance with chapter 1-26, but not exceeding two 
hundred dollars. If the renewal application and fee is submitted after the expiration of the 
license, the board must assess a fifty-dollar late fee and may reinstate the license. 
If a majority ownership of the pharmacy changes, the new owners must, within 
thirty days after ownership change: 
(1) Submit the renewal application, indicating the change of ownership; and 
(2) Pay the renewal fee established by the board as provided in this section. 
Section 22. That § 36-11-36 be AMENDED: 
36-11-36. Each pharmacy license issued by the board must be posted in a place 
in the pharmacy that is viewable by the public.  25.365.19 	10 	1016 
HB1016 ENROLLED 
Section 23. That § 36-11-37 be AMENDED: 
36-11-37. A pharmacy license may be transferred to another pharmacist, 
provided an application for the transfer of the license is made upon a form prescribed by 
the board and upon payment of a fifty dollar fee. The application for transfer must be filed 
with the board not more than ten days after the transfer of active management is made. 
If the application for transfer is received by the board after ten days, the pharmacy license 
is void, and the pharmacist must reapply for the license. 
Section 24. That § 36-11-38 be AMENDED: 
36-11-38. In the event of the death of the pharmacist in active management, the 
pharmacy license issued to the deceased under this chapter shall, within one hundred 
twenty days after the date of death or on June thirtieth, whichever is sooner, become null 
and void, unless the license is transferred as provided in § 36-11-37,. 
Section 25. That § 36-11-39 be AMENDED: 
36-11-39. The change of location of any pharmacy for which a license has been 
issued from one municipality to another within this state, or the cessation of business by 
the pharmacy, must be reported to the board within ten days from the occurrence on 
forms prescribed by the board. 
Section 26. That § 36-11-41 be AMENDED: 
36-11-41. A pharmacy licensed by the board must: 
(1) Be equipped with the pharmaceutical instruments and utensils prescribed by the 
board in rules promulgated in accordance with chapter 1-26; 
(2) Possess a stock of pharmaceuticals adequate to serve the needs of the community 
in which the pharmacy is located; 
(3) Have on file at all times the publications and supplements of formularies and drug 
information prescribed by the board, by rules promulgated pursuant to chapter 1-
26; and 
(4) Be maintained and operated in a clean and sanitary condition, free from unhealth, 
foreign, or injurious contamination. 
Section 27. That § 36-11-43 be AMENDED:  25.365.19 	11 	1016 
HB1016 ENROLLED 
36-11-43. The board may, in rules promulgated in accordance with chapter 1-26, 
adopt a code of professional ethics for pharmacists in this state. The board shall consider 
the recommendations of the South Dakota Pharmacists Association in adopting the code 
or changes made thereto. The code may not contain any provision that would in any way 
restrain, prohibit, or attempt to regulate the rights of any pharmacist employed in a 
licensed pharmacy. Violation of the code of professional ethics may not be the basis for 
criminal prosecution unless otherwise declared unlawful. 
Section 28. That § 36-11-44 be AMENDED: 
36-11-44. Any pharmacist who permits the compounding or dispensing of 
prescriptions or the vending of drugs in the pharmacist's place of business, except under 
the personal supervision of a pharmacist, or any pharmacist who, while continuing in 
business, makes any false representations to procure a license for the pharmacist or any 
other person, is guilty of a Class 2 misdemeanor. 
Section 29. That § 36-11-48 be AMENDED: 
36-11-48. The board may suspend or revoke, in accordance with chapter 1-26, 
any pharmacy license issued under this chapter on the following grounds: 
(1) The license was obtained by false representations made in the application therefor; 
(2) The pharmacy for which the license was issued was kept open for the transaction 
of business without a pharmacist in charge thereof; 
(3) Conviction of a violation of any law of this state or of the United States pertaining 
to the drug business or for the aiding or abetting in the violation of the law; 
(4) The active management of the pharmacy was changed without the transfer, as 
provided in § 36-11-37, of the license; 
(5) The location of the pharmacy was changed without the change being reported as 
provided in § 36-11-39; 
(6) The pharmacy was kept open for the transaction of business after the pharmacist 
ceased to be in active management of the pharmacy; or 
(7) The minimum requirements of this chapter and the board are no longer met. 
A pharmacy license may not be suspended or revoked except by a vote of three or 
more members of the board. 
Section 30. That § 36-11-67 be AMENDED:  25.365.19 	12 	1016 
HB1016 ENROLLED 
36-11-67. A pharmacist or physician licensed under chapter 36-4 who participates 
in a drug utilization review program is not individually or jointly subject to, and is immune 
from, claim, suit, liability, damages, or any other recourse, civil or criminal, arising from 
any act or proceeding, decision, or determination undertaken, performed, or reached in 
good faith and without malice when acting individually or jointly in carrying out the 
responsibilities, authority, duties, powers, and privileges of the program conferred upon 
them under any provisions of law or rule, g ood faith being presumed until proven 
otherwise, with malice required to be shown by the complainant. 
For the purposes of this section, a "drug utilization review program" is a program 
operated solely or partially as a professional standards review organization whose purpose 
is to: 
(1) Educate pharmacists and practitioners on: 
(a) Severe adverse reactions to drugs; 
(b) Therapeutic appropriateness; 
(c) Overutilization; 
(d) Underutilization; 
(e) Appropriate use of generic products; 
(f) Therapeutic duplication; 
(g) Drug-disease contraindications; 
(h) Drug-drug interactions; 
(i) Incorrect drug dosage or duration of drug treatment; 
(j) Drug-allergy interactions; and 
(k) Clinical abuse or misuse; and 
(2) 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. 
Section 31. That § 36-11-72 be AMENDED: 
36-11-72. The board shall promulgate rules pursuant to chapter 1-26 to provide 
for the regulation of telepharmacy in this state. The rules must provide for: 
(1) License and renewal application requirements, including: 
(a) Establishment of an initial license fee and a renewal fee, each not to exceed 
two hundred fifty dollars; 
(b) Procedures for the reinstatement of an expired license; and  25.365.19 	13 	1016 
HB1016 ENROLLED 
(c) Establishment of a late fee for reinstating an expired license, not to exceed 
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) Policies and procedures for the daily operation of the remote pharmacy; and 
(6) Use of automated dispensing machines. 
Section 32. That a NEW SECTION be added to chapter 36-11: 
If the majority of ownership of a remote pharmacy changes, the new owners must, 
within thirty days after the ownership change: 
(1) Submit the renewal application prescribed by the board, as provided in § 36-11-
72, indicating the change of ownership; and 
(2) Pay the renewal fee established by the board, as provided in § 36-11-72. 
Section 33. That § 36-11A-8 be AMENDED: 
36-11A-8. To apply for a wholesale or other drug distributor license, a person 
must submit an application on a form provided by the board and pay an annual license 
fee set by the board, not to exceed five hundred dollars. 
All financial statements or related information submitted by applicants must be 
treated as confidential materials. 
Section 34. That § 36-11A-13 be AMENDED: 
36-11A-13. Each wholesale drug distributor license expires on December thirty-
first following the date of issuance. The board shall provide an application for license 
renewal to each licensee before December first of each year. To renew a license, the 
licensee shall submit the renewal application and pay the annual license fee set by the 
board as provided in § 36-11A-8. If application for renewal of the license accompanied by 
the annual license fee is not made before the expiration date, the existing license lapses 
on the date of expiration. If the board receives a renewal application and fee for an expired 
license, the board must assess a fifty-dollar late fee and may reinstate the license. 
If the majority of ownership of a licensed facility changes, the new owners must, 
within thirty days after the ownership change:  25.365.19 	14 	1016 
HB1016 ENROLLED 
(1) Submit a renewal application, indicating the change of ownership; and 
(2) Pay a fee equal to the annual license fee. 
Section 35. That § 36-11-3 be REPEALED. 
Section 36. That § 36-11-6 be REPEALED. 
Section 37. That § 36-11-17 be REPEALED. 
Section 38. That § 36-11-18 be REPEALED. 
Section 39. That § 36-11-22 be REPEALED. 
Section 40. That § 36-11-28 be REPEALED. 
Section 41. That § 36-11-29 be REPEALED. 
Section 42. That § 36-11-40 be REPEALED. 
Section 43. That § 36-11-42 be REPEALED. 
Section 44. That § 36-11-49 be REPEALED. 
Section 45. That § 36-11A-4.2 be REPEALED. 
Section 46. No later than September 30, 2025, the Board of Pharmacy shall, pursuant to 
chapter 1-26, provide for and file with the secretary of state, the amendment of ARSD 
20:67:02:01, as set forth below: 
 20:67:02:01. Application and fee. A wholesale or other distributor must 
apply each year to the board, electronically or on a form supplied by the board, for a 
license to engage in the distribution of prescription drugs. Each application must be 
accompanied by a license fee of five hundred dollars. 
 Source: 18 SDR 95, effective November 25, 1991; 24 SDR 160, effective May 
26, 1998; 45 SDR 86, effective December 24, 2018. 
 General Authority: SDCL 36-11A-14. 
 Law Implemented: SDCL 36-11A-7, 36-11A-8.  25.365.19 	15 	1016 
HB1016 ENROLLED 
An Act to revise provisions related to pharmacy and to increase fees. 
 
 
 
 
I certify that the attached Act originated in 
the: 
 
House as Bill No. 1016 
 
 
 
Chief Clerk 
 
 
 
 
Speaker of the House 
 
Attest: 
 
 
 
 
Chief Clerk 
 
 
 
 
President of the Senate 
 
Attest: 
 
 
 
 
 
Secretary of the Senate 
 
 
 
House Bill No. 1016 
File No. ____ 
Chapter No. ______ 
 
 
 
Received at this Executive Office 
this _____ day of _____________, 
 
2025 at ____________M. 
 
 
 
By  
for the Governor 
 
 
The attached Act is hereby 
approved this ________ day of 
______________, A.D., 2025 
 
 
 
 
 
Governor 
 
STATE OF SOUTH DAKOTA , 
ss. 
Office of the Secretary of State 
 
 
Filed ____________, 2025 
 at _________ o'clock __M. 
 
 
 
 
 
Secretary of State 
 
 
 
By  
Asst. Secretary of State