South Dakota 2025 Regular Session

South Dakota House Bill HB1016 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.365.19 100th Legislative Session 1016
	1	+	25.365.18 100th Legislative Session 1016
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1016
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to revise provisions related to pharmacy and to increase fees.
12		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13		-	Section 1. That § 13-33A-4 be AMENDED:
14		-	13-33A-4. Any school may acquire and maintain a stock of epinephrine auto -
15		-	injectors pursuant to a prescription issued by an authorized health care provider for use
16		-	in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions
17		-	of this section are not subject to the prescription requirements in chapter 36-11.
18		-	Section 2. That § 36-11-2 be AMENDED:
19		-	36-11-2. Terms used in this chapter mean:
20		-	(1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018);
21		-	(2) "Board," the State Board of Pharmacy;
22		-	(3) "Brand name," the proprietary or registered trademark name given to a drug
23		-	product by its manufacturer, labeler, or distributor and placed on the drug or on
24		-	its container, label, or wrapping at the time of packaging;
25		-	(4) "Compounding," the preparation, mixing, assembling, packaging, or labeling of a
26		-	drug or drug device as the result of a practitioner's prescription drug order or an
27		-	initiative based on the pharmacist/patient/practitioner relationship in the course of
28		-	professional practice or for the purpose of or as an incident to research, teaching,
29		-	or chemical analysis and not for sale or dispensing. The term also includes the
30		-	preparation of drug or drug devices in anticipation of prescription drug orders based
31		-	on routine, regularly observed prescribing patterns;
32		-	(5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device
33		-	from one person to another, whether or not for a consideration;
34		-	(6) "Dispensing," the preparation and delivery of a drug to a patient or a patient's
35		-	agent pursuant to a prescription drug order in a suitable container with appropriate 25.365.19 2 1016
36		-	HB1016 ENROLLED
37		-	labeling for subsequent administration to or use by a patient. The term includes
38		-	preparation of labels for drug devices if the labeling is related to the dosage and
39		-	administration of drugs;
40		-	(7) "Distributing," the delivery of a drug or drug device other than by administration
41		-	or dispensing;
42		-	(8) "Drug administration," the direct application of a drug or drug device by injection,
43		-	inhalation, ingestion, or any other means to the body of a patient or research
44		-	subject;
45		-	(9) "Drug device," equipment, process, biotechnological entity, diagnostic agent, or
46		-	other product used in combination with a drug to provide effective management of
47		-	medication regimens;
48		-	(10) "Equivalent drug product," a drug product, other than a biological product, that is
49		-	considered to be therapeutically equivalent to other pharmaceutically equivalent
50		-	products as determined by the edition of Approved Drug Products with Therapeutic
51		-	Equivalence Evaluations adopted by the board through rules promulgated pursuant
52		-	to chapter 1-26;
53		-	(11) "Interchangeable biological product," a biological product that the United States
54		-	Food and Drug Administration either has licensed and determined meets the
55		-	standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), (January 1,
56		-	2018), or has determined is therapeutically equivalent, as set forth in the edition
57		-	of Approved Drug Products with Therapeutic Equivalence Evaluations as adopted
58		-	by the board through rules promulgated pursuant to chapter 1-26;
59		-	(12) "Labeling," the process of preparing and affixing a label to any drug or drug device
60		-	container exclusive of the labeling by the manufacturer, packer, or distributor of a
61		-	nonprescription drug or commercially packaged legend drug or drug device;
62		-	(13) "Medicines," drugs or chemicals, or their preparations, in suitable form for the
63		-	prevention, relief, or cure of diseases when used either internally or externally by
64		-	man or for animals;
65		-	(14) "Nonprescription drugs," drugs that are labeled for use by the general public in
66		-	accordance with 21 U.S.C. § 352 (January 1, 2025), and may be sold without a
67		-	prescription drug order in accordance with 21 U.S.C. § 353 (January 1, 2025). The
68		-	term does not include drugs that are required by federal law to bear the statement
69		-	"Caution: federal law prohibits dispensing without prescription," drugs intended for
70		-	human use by hypodermic injection, or animal remedies regulated by chapter 39-
71		-	18; 25.365.19 3 1016
72		-	HB1016 ENROLLED
73		-	(15) "Patient counseling," oral communication by the pharmacist of information to the
74		-	patient or caregiver to improve therapy by ensuring proper use of drugs and drug
75		-	devices;
76		-	(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient
77		-	care services intended to achieve outcomes related to curing or preventing a
78		-	disease, eliminating or reducing a patient's symptoms, or arresting or slowing a
79		-	disease process;
80		-	(17) "Pharmacist," a person licensed by the board to engage in the practice of
81		-	pharmacy;
82		-	(18) "Pharmacy," any place of business within or outside this state where drugs are
83		-	dispensed and pharmaceutical care is provided to residents of this state;
84		-	(19) "Practitioner," a person licensed, registered, or otherwise authorized by the
85		-	jurisdiction in which the person is practicing to prescribe drugs in the course of
86		-	professional practice;
87		-	(20) "Prescription drug order," a written or oral order of a practitioner for a drug or drug
88		-	device for a specific patient;
89		-	(21) "Proper name," the nonproprietary name for a biological product designated by the
90		-	United States Food and Drug Administration license for use upon each package of
91		-	the product; and
92		-	(22) "Registered pharmacy technician," a person registered by the board who is
93		-	employed by a pharmacy to assist pharmacists in the practice of pharmacy by
94		-	performing specific tasks delegated by and under the immediate personal
95		-	supervision and control of a pharmacist, as permitted by the board.
96		-	Section 3. That § 36-11-2.1 be AMENDED:
97		-	36-11-2.1. For the purpose of this chapter, "drugs" are:
98		-	(1) Articles recognized in the official United States Pharmacopoeia or the official
99		-	National Formulary, as adopted by the board through rules promulgated pursuant
100		-	to chapter 1-26, or recognized in the official Homeopathic Pharmacopoeia of the
101		-	United States as in effect on January 1, 1993;
102		-	(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention
103		-	of disease in humans or other animals;
104		-	(3) Articles, other than food, intended to affect the structure or any functions of the
105		-	human body; and
106		-	(4) Articles intended for use as a component of any articles specified in this section. 25.365.19 4 1016
107		-	HB1016 ENROLLED
108		-	The term "drugs" excludes medical devices.
109		-	For the purposes of this section, "medical device" means an instrument, apparatus,
110		-	implement, machine, contrivance, implant, in vitro reagent, or other similar or related
111		-	article, including any component, part, or accessory, that is intended for use in the
112		-	diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention
113		-	of disease in humans or animals, or is intended to affect the structure or any function of
114		-	the body of humans or animals, that does not achieve any of its princi pal intended
115		-	purposes through chemical action within or on the body of humans or animals and that is
116		-	not dependent upon being metabolized for achievement of any of its principal intended
117		-	purposes.
118		-	Section 4. That § 36-11-5 be AMENDED:
119		-	36-11-5. The board shall hold meetings for the examination of applicants for
120		-	licensure and registration, and the transaction of other business that pertains to its duties.
121		-	Special meetings of the board may be held whenever deemed necessary by a majority of
122		-	the board. Three members of the board constitutes a quorum.
123		-	Section 5. That § 36-11-13 be AMENDED:
124		-	36-11-13. It is a Class 2 misdemeanor for any person other than a pharmacist to
125		-	engage in the practice of pharmacy, except as provided by § 36-11-14.
126		-	Section 6. That § 36-11-15 be AMENDED:
127		-	36-11-15. Any person, other than a pharmacist, who compounds or dispenses
128		-	drugs, medicines, or poisons, or who keeps a pharmacy or store for retailing or
129		-	compounding medicines, or who takes, uses, or exhibits the title of a pharmacist, is guilty
130		-	of a Class 2 misdemeanor.
131		-	Section 7. That § 36-11-16 be AMENDED:
132		-	36-11-16. The board shall issue a license to practice pharmacy to an individual
133		-	who:
134		-	(1) Submits an application prescribed by the board;
135		-	(2) Submits an application fee set by the board through rules promulgated in
136		-	accordance with chapter 1-26, but not exceeding thirty-five dollars;
137		-	(3) Is of good moral character and temperate habits; 25.365.19 5 1016
138		-	HB1016 ENROLLED
139		-	(4) Is not less than eighteen years of age;
140		-	(5) Is a graduate of a college of pharmacy recognized and approved by the board;
141		-	(6) Has had the necessary experience as determined by the board in the practice of
142		-	pharmacy under a regularly licensed pharmacist in a pharmacy where physicians'
143		-	prescriptions are compounded; and
144		-	(7) Has passed an examination prescribed by the board.
145		-	The board may allow credit for suitable military and research activities in the field
146		-	of pharmacy as part of the experience requirement.
147		-	Section 8. That § 36-11-19 be AMENDED:
148		-	36-11-19. The board may issue a license to practice pharmacy to individual who
149		-	applies to the board and submits satisfactory proof that the individual has been licensed
150		-	by examination in another state, provided that the other state required a degree of
151		-	competency at the time the individual was licensed at least equal to that required in this
152		-	state at that same time.
153		-	The board may, in determining the degree of fitness required by other states'
154		-	boards of pharmacy for granting licensure, join with other states' boards of pharmacy.
155		-	Every individual applying for licensure pursuant to this section shall pay to the board an
156		-	application fee, not to exceed one hundred fifty dollars, set by the board by rule
157		-	promulgated pursuant to chapter 1-26.
158		-	Section 9. That § 36-11-19.1 be AMENDED:
159		-	36-11-19.1. A pharmacist may:
160		-	(1) Perform drug administration pursuant to a prescription drug order;
161		-	(2) Perform drug reviews;
162		-	(3) Perform or participate in scientific or clinical drug or drug-related research as an
163		-	investigator or in collaboration with other investigators;
164		-	(4) Interpret and apply pharmacokinetic data and other pertinent laboratory data to
165		-	design safe and effective drug dosage regimens;
166		-	(5) Participate in drug and drug device selection pursuant to a prescription drug order;
167		-	(6) Initiate or modify drug therapy by protocol or other legal authority established and
168		-	approved within a licensed health care facility or by a practitioner authorized to
169		-	prescribe drugs; and
170		-	(7) Provide information on prescription drugs, which may include advising, consulting,
171		-	and educating, as necessary or as required, patients, the public, and other health 25.365.19 6 1016
172		-	HB1016 ENROLLED
173		-	care providers on the rational, safe and cost-effective use of drugs, including
174		-	therapeutic values, content, hazards and appropriate use.
175		-	The board shall establish standards for drug administration, in rules promulgated
176		-	pursuant to chapter 1-26, with the approval of a committee composed of two persons
177		-	appointed by the board, two persons appointed by the South Dakota Board of Nursing,
178		-	and two persons appointed by the State Board of Medical and Osteopathic Examiners.
179		-	Section 10. That § 36-11-19.5 be AMENDED:
180		-	36-11-19.5. Each nonresident pharmacy license expires on June thirtieth following
181		-	the date of issuance. The board shall provide a renewal application to each licensee before
182		-	June first of each year. If the licensee does not submit a renewal application, accompanied
183		-	by the renewal fee, before the expiration date, the license lapses on the date of expiration.
184		-	The board shall promulgate rules, pursuant to chapter 1-26, to establish the renewal fee,
185		-	which may not exceed two hundred dollars. If the renewal application is submitted after
186		-	the expiration of the license, the board must assess a fifty-dollar late fee and may reinstate
187		-	the license.
188		-	If a majority of ownership of a licensed nonresident pharmacy changes, the new
189		-	owners must, within thirty days after the ownership change:
190		-	(1) Submit the renewal application, indicating the change of ownership; and
191		-	(2) Pay the renewal fee established by the board as provided in this section.
192		-	Section 11. That § 36-11-19.6 be AMENDED:
193		-	36-11-19.6. The board may deny, revoke, or suspend a nonresident pharmacy
194		-	license for conduct that causes serious bodily injury or serious psychological injury to a
195		-	resident of this state, if the board has referred the matter to the regulatory or licensing
196		-	agency in the state in which the nonresident pharmacy is located and the regulatory or
197		-	licensing agency fails to initiate an investigation within forty-five days after the referral.
198		-	Any action taken to deny, revoke, or suspend a nonresident pharmacy license is a
199		-	contested case proceeding pursuant to chapter 1-26.
200		-	Section 12. That § 36-11-20 be AMENDED:
201		-	36-11-20. The board may, in compliance with chapter 1-26, suspend, revoke, or
202		-	refuse to issue or renew a license to practice pharmacy to any person who:
203		-	(1) Is guilty of a felony or a misdemeanor involving moral turpitude; 25.365.19 7 1016
204		-	HB1016 ENROLLED
205		-	(2) Is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to
206		-	render the person unfit to practice pharmacy with reasonable skill and safety;
207		-	(3) Procured a license by fraud or by false representation;
208		-	(4) Is permitting or engaging in the unauthorized sale of legend or controlled drugs or
209		-	substances; or
210		-	(5) The board finds to be in violation of any law, rule, or regulation governing
211		-	pharmacists.
212		-	Section 13. That § 36-11-23 be AMENDED:
213		-	36-11-23. To renew a license to practice pharmacy, a pharmacist must, on or
214		-	before September thirtieth of each year, submit a renewal application and pay to the board
215		-	a renewal fee set by the board in rules promulgated in accordance with chapter 1-26, not
216		-	to exceed one hundred fifty dollars. Upon application and payment of the fee, the board
217		-	shall renew the license. If a pharmacist fails to apply and pay the renewal fee, the license
218		-	expires.
219		-	The board may reinstate an expired license if the individual:
220		-	(1) Applies for reinstatement; and
221		-	(2) Pays all delinquent fees, plus a fifty-dollar late fee.
222		-	Section 14. That § 36-11-25 be AMENDED:
223		-	36-11-25. The board may issue a pharmacy intern certificate to an individual who
224		-	is gaining experience as a qualification for licensure as a pharmacist. Any pharmacy intern
225		-	issued an intern certificate shall perform the internship pursuant to rules promulgated by
226		-	the board in accordance with chapter 1-26. Nothing in this section may be construed as
227		-	giving a pharmacy intern authority to fill any prescription, except under the supervision
228		-	and in the presence of the pharmacist.
229		-	Section 15. That § 36-11-26 be AMENDED:
230		-	36-11-26. If the board is satisfied that any pharmacist is incompetent or
231		-	disqualified to perform the duties of a pharmacist pursuant to § 36-11-20 or as
232		-	contemplated by the provisions of this chapter, it may, in compliance with chapter 1-26:
233		-	(1) Issue a reprimand to the pharmacist;
234		-	(2) Place the pharmacist on probation and supervision; 25.365.19 8 1016
235		-	HB1016 ENROLLED
236		-	(3) Suspend the pharmacist's license until the pharmacist completes a course of
237		-	therapy, treatment, training, or any combination thereof;
238		-	(4) Suspend the pharmacist's license for a fixed period; and
239		-	(5) Revoke the pharmacist's license.
240		-	An individual may appeal a decision of the board as provided in chapter 1-26.
241		-	Section 16. That § 36-11-30 be AMENDED:
242		-	36-11-30. A person may not open or operate a pharmacy unless the pharmacy is
243		-	licensed by the board.
244		-	A violation of this section is a Class 2 misdemeanor. Each day of violation is a
245		-	separate offense.
246		-	Section 17. That § 36-11-31 be AMENDED:
247		-	36-11-31. Only a person that has a pharmacy license issued by the board may:
248		-	(1) Carry on, conduct, or transact business under a name that contains the term or
249		-	words "drugstore," "pharmacy," or any term implying the operation of a pharmacy;
250		-	and
251		-	(2) Advertise, describe, or refer to a place of business, in any manner, by the terms
252		-	"drugstore" or "pharmacy," or any other term or words implying the operation of
253		-	a pharmacy.
254		-	A violation of this section is a Class 2 misdemeanor.
255		-	Section 18. That § 36-11-32 be AMENDED:
256		-	36-11-32. The board shall issue a pharmacy license to a pharmacist in good
257		-	standing, if the pharmacist:
258		-	(1) Submits a form prescribed by the board; and
259		-	(2) Pays a fee, not to exceed two hundred dollars, set by the board in rules
260		-	promulgated in accordance with chapter 1-26.
261		-	Section 19. That § 36-11-33 be AMENDED:
262		-	36-11-33. The board may issue to a pharmacist in good standing a license to
263		-	operate a part-time pharmacy in a hospital, nursing facility, or related facility, provided
264		-	that the pharmacy services are limited to inpatients or residents of the facility.
265		-	The board may issue a license under this section if: 25.365.19 9 1016
266		-	HB1016 ENROLLED
267		-	(1) The pharmacist submits a form prescribed by the board and pays a fee, not to
268		-	exceed two hundred dollars, set by the board in rules promulgated in accordance
269		-	with chapter 1-26; and
270		-	(2) The merchandise and fixtures of the pharmacy are owned by a person other than
271		-	the pharmacist applying for the license.
272		-	The pharmacist must comply with the provisions of this chapter and with minimum
273		-	standards as established by the board in rules promulgated pursuant to chapter 1-26.
274		-	Section 20. That § 36-11-34 be AMENDED:
275		-	36-11-34. The board may not issue a pharmacy license to any pharmacist
276		-	applicant unless:
277		-	(1) The applicant is the owner, or part owner, of the merchandise and fixtures of the
278		-	place of business for which the pharmacy license is applied for;
279		-	(2) The application is made jointly with a pharmacist owner; or
280		-	(3) The nonpharmacist owner of the merchandise and fixtures of the place of business
281		-	for which the pharmacy license is applied for, has submitted an affidavit on a form
282		-	prescribed by the board delegating complete responsibility for the pharmaceutical
283		-	services in said place of business to the pharmacist applicant.
284		-	Section 21. That § 36-11-35 be AMENDED:
285		-	36-11-35. Each pharmacy license expires on June thirtieth following the date of
286		-	issue. To renew a pharmacy license, the pharmacist must submit a renewal application on
287		-	or before June thirtieth on a form prescribed by the board, and pay the renewal fee set
288		-	by the board in rules promulgated in accordance with chapter 1-26, but not exceeding two
289		-	hundred dollars. If the renewal application and fee is submitted after the expiration of the
290		-	license, the board must assess a fifty-dollar late fee and may reinstate the license.
291		-	If a majority ownership of the pharmacy changes, the new owners must, within
292		-	thirty days after ownership change:
293		-	(1) Submit the renewal application, indicating the change of ownership; and
294		-	(2) Pay the renewal fee established by the board as provided in this section.
295		-	Section 22. That § 36-11-36 be AMENDED:
296		-	36-11-36. Each pharmacy license issued by the board must be posted in a place
297		-	in the pharmacy that is viewable by the public. 25.365.19 10 1016
298		-	HB1016 ENROLLED
299		-	Section 23. That § 36-11-37 be AMENDED:
300		-	36-11-37. A pharmacy license may be transferred to another pharmacist,
301		-	provided an application for the transfer of the license is made upon a form prescribed by
302		-	the board and upon payment of a fifty dollar fee. The application for transfer must be filed
303		-	with the board not more than ten days after the transfer of active management is made.
304		-	If the application for transfer is received by the board after ten days, the pharmacy license
305		-	is void, and the pharmacist must reapply for the license.
306		-	Section 24. That § 36-11-38 be AMENDED:
307		-	36-11-38. In the event of the death of the pharmacist in active management, the
308		-	pharmacy license issued to the deceased under this chapter shall, within one hundred
309		-	twenty days after the date of death or on June thirtieth, whichever is sooner, become null
310		-	and void, unless the license is transferred as provided in § 36-11-37,.
311		-	Section 25. That § 36-11-39 be AMENDED:
312		-	36-11-39. The change of location of any pharmacy for which a license has been
313		-	issued from one municipality to another within this state, or the cessation of business by
314		-	the pharmacy, must be reported to the board within ten days from the occurrence on
315		-	forms prescribed by the board.
316		-	Section 26. That § 36-11-41 be AMENDED:
317		-	36-11-41. A pharmacy licensed by the board must:
318		-	(1) Be equipped with the pharmaceutical instruments and utensils prescribed by the
319		-	board in rules promulgated in accordance with chapter 1-26;
320		-	(2) Possess a stock of pharmaceuticals adequate to serve the needs of the community
321		-	in which the pharmacy is located;
322		-	(3) Have on file at all times the publications and supplements of formularies and drug
323		-	information prescribed by the board, by rules promulgated pursuant to chapter 1-
324		-	26; and
325		-	(4) Be maintained and operated in a clean and sanitary condition, free from unhealth,
326		-	foreign, or injurious contamination.
327		-	Section 27. That § 36-11-43 be AMENDED: 25.365.19 11 1016
328		-	HB1016 ENROLLED
329		-	36-11-43. The board may, in rules promulgated in accordance with chapter 1-26,
330		-	adopt a code of professional ethics for pharmacists in this state. The board shall consider
331		-	the recommendations of the South Dakota Pharmacists Association in adopting the code
332		-	or changes made thereto. The code may not contain any provision that would in any way
333		-	restrain, prohibit, or attempt to regulate the rights of any pharmacist employed in a
334		-	licensed pharmacy. Violation of the code of professional ethics may not be the basis for
335		-	criminal prosecution unless otherwise declared unlawful.
336		-	Section 28. That § 36-11-44 be AMENDED:
337		-	36-11-44. Any pharmacist who permits the compounding or dispensing of
338		-	prescriptions or the vending of drugs in the pharmacist's place of business, except under
339		-	the personal supervision of a pharmacist, or any pharmacist who, while continuing in
340		-	business, makes any false representations to procure a license for the pharmacist or any
341		-	other person, is guilty of a Class 2 misdemeanor.
342		-	Section 29. That § 36-11-48 be AMENDED:
343		-	36-11-48. The board may suspend or revoke, in accordance with chapter 1-26,
344		-	any pharmacy license issued under this chapter on the following grounds:
345		-	(1) The license was obtained by false representations made in the application therefor;
346		-	(2) The pharmacy for which the license was issued was kept open for the transaction
347		-	of business without a pharmacist in charge thereof;
348		-	(3) Conviction of a violation of any law of this state or of the United States pertaining
349		-	to the drug business or for the aiding or abetting in the violation of the law;
350		-	(4) The active management of the pharmacy was changed without the transfer, as
351		-	provided in § 36-11-37, of the license;
352		-	(5) The location of the pharmacy was changed without the change being reported as
353		-	provided in § 36-11-39;
354		-	(6) The pharmacy was kept open for the transaction of business after the pharmacist
355		-	ceased to be in active management of the pharmacy; or
356		-	(7) The minimum requirements of this chapter and the board are no longer met.
357		-	A pharmacy license may not be suspended or revoked except by a vote of three or
358		-	more members of the board.
359		-	Section 30. That § 36-11-67 be AMENDED: 25.365.19 12 1016
360		-	HB1016 ENROLLED
361		-	36-11-67. A pharmacist or physician licensed under chapter 36-4 who participates
362		-	in a drug utilization review program is not individually or jointly subject to, and is immune
363		-	from, claim, suit, liability, damages, or any other recourse, civil or criminal, arising from
364		-	any act or proceeding, decision, or determination undertaken, performed, or reached in
365		-	good faith and without malice when acting individually or jointly in carrying out the
366		-	responsibilities, authority, duties, powers, and privileges of the program conferred upon
367		-	them under any provisions of law or rule, g ood faith being presumed until proven
368		-	otherwise, with malice required to be shown by the complainant.
369		-	For the purposes of this section, a "drug utilization review program" is a program
370		-	operated solely or partially as a professional standards review organization whose purpose
371		-	is to:
372		-	(1) Educate pharmacists and practitioners on:
373		-	(a) Severe adverse reactions to drugs;
374		-	(b) Therapeutic appropriateness;
375		-	(c) Overutilization;
376		-	(d) Underutilization;
377		-	(e) Appropriate use of generic products;
378		-	(f) Therapeutic duplication;
379		-	(g) Drug-disease contraindications;
380		-	(h) Drug-drug interactions;
381		-	(i) Incorrect drug dosage or duration of drug treatment;
382		-	(j) Drug-allergy interactions; and
383		-	(k) Clinical abuse or misuse; and
384		-	(2) Identify and reduce the frequency of patterns of potential and actual fraud, abuse,
385		-	gross overuse, inappropriate care, or medically unnecessary care associated with
386		-	specific drugs or groups of drugs among practitioners, pharmacists, and patients.
387		-	Section 31. That § 36-11-72 be AMENDED:
388		-	36-11-72. The board shall promulgate rules pursuant to chapter 1-26 to provide
389		-	for the regulation of telepharmacy in this state. The rules must provide for:
390		-	(1) License and renewal application requirements, including:
391		-	(a) Establishment of an initial license fee and a renewal fee, each not to exceed
392		-	two hundred fifty dollars;
393		-	(b) Procedures for the reinstatement of an expired license; and 25.365.19 13 1016
394		-	HB1016 ENROLLED
395		-	(c) Establishment of a late fee for reinstating an expired license, not to exceed
396		-	fifty dollars;
397		-	(2) Minimum structural, security, and equipment requirements for the remote
398		-	pharmacy;
399		-	(3) Minimum staffing requirements for the central pharmacy and remote pharmacy;
400		-	(4) Record keeping requirements for the central pharmacy and remote pharmacy;
401		-	(5) Policies and procedures for the daily operation of the remote pharmacy; and
402		-	(6) Use of automated dispensing machines.
403		-	Section 32. That a NEW SECTION be added to chapter 36-11:
404		-	If the majority of ownership of a remote pharmacy changes, the new owners must,
405		-	within thirty days after the ownership change:
406		-	(1) Submit the renewal application prescribed by the board, as provided in § 36-11-
407		-	72, indicating the change of ownership; and
408		-	(2) Pay the renewal fee established by the board, as provided in § 36-11-72.
409		-	Section 33. That § 36-11A-8 be AMENDED:
410		-	36-11A-8. To apply for a wholesale or other drug distributor license, a person
411		-	must submit an application on a form provided by the board and pay an annual license
412		-	fee set by the board, not to exceed five hundred dollars.
413		-	All financial statements or related information submitted by applicants must be
414		-	treated as confidential materials.
415		-	Section 34. That § 36-11A-13 be AMENDED:
416		-	36-11A-13. Each wholesale drug distributor license expires on December thirty-
417		-	first following the date of issuance. The board shall provide an application for license
418		-	renewal to each licensee before December first of each year. To renew a license, the
419		-	licensee shall submit the renewal application and pay the annual license fee set by the
420		-	board as provided in § 36-11A-8. If application for renewal of the license accompanied by
421		-	the annual license fee is not made before the expiration date, the existing license lapses
422		-	on the date of expiration. If the board receives a renewal application and fee for an expired
423		-	license, the board must assess a fifty-dollar late fee and may reinstate the license.
424		-	If the majority of ownership of a licensed facility changes, the new owners must,
425		-	within thirty days after the ownership change: 25.365.19 14 1016
426		-	HB1016 ENROLLED
427		-	(1) Submit a renewal application, indicating the change of ownership; and
428		-	(2) Pay a fee equal to the annual license fee.
429		-	Section 35. That § 36-11-3 be REPEALED.
430		-	Section 36. That § 36-11-6 be REPEALED.
431		-	Section 37. That § 36-11-17 be REPEALED.
432		-	Section 38. That § 36-11-18 be REPEALED.
433		-	Section 39. That § 36-11-22 be REPEALED.
434		-	Section 40. That § 36-11-28 be REPEALED.
435		-	Section 41. That § 36-11-29 be REPEALED.
436		-	Section 42. That § 36-11-40 be REPEALED.
437		-	Section 43. That § 36-11-42 be REPEALED.
438		-	Section 44. That § 36-11-49 be REPEALED.
439		-	Section 45. That § 36-11A-4.2 be REPEALED.
440		-	Section 46. No later than September 30, 2025, the Board of Pharmacy shall, pursuant to
441		-	chapter 1-26, provide for and file with the secretary of state, the amendment of ARSD
442		-	20:67:02:01, as set forth below:
443		-	20:67:02:01. Application and fee. A wholesale or other distributor must
444		-	apply each year to the board, electronically or on a form supplied by the board, for a
445		-	license to engage in the distribution of prescription drugs. Each application must be
446		-	accompanied by a license fee of five hundred dollars.
447		-	Source: 18 SDR 95, effective November 25, 1991; 24 SDR 160, effective May
448		-	26, 1998; 45 SDR 86, effective December 24, 2018.
449		-	General Authority: SDCL 36-11A-14.
450		-	Law Implemented: SDCL 36-11A-7, 36-11A-8. 25.365.19 15 1016
451		-	HB1016 ENROLLED
452		-	An Act to revise provisions related to pharmacy and to increase fees.
453		-
454		-
455		-
456		-
457		-	I certify that the attached Act originated in
458		-	the:
459		-
460		-	House as Bill No. 1016
461		-
462		-
463		-
464		-	Chief Clerk
465		-
466		-
467		-
468		-
469		-	Speaker of the House
470		-
471		-	Attest:
472		-
473		-
474		-
475		-
476		-	Chief Clerk
477		-
478		-
479		-
480		-
481		-	President of the Senate
482		-
483		-	Attest:
	6	+	SENATE ENGROSSED
484	7
485	8
486	9
487	10
488	11
489		-	Secretary of the Senate
	12	+	Introduced by: The Chair of the Committee on Health and Human Services at the request of the State Board of
	13	+	Pharmacy
490	14
491		-
492		-
493		-	House Bill No. 1016
494		-	File No. ____
495		-	Chapter No. ______
496		-
497		-
498		-
499		-	Received at this Executive Office
500		-	this _____ day of _____________,
501		-
502		-	2025 at ____________M.
503		-
504		-
505		-
506		-	By
507		-	for the Governor
508		-
509		-
510		-	The attached Act is hereby
511		-	approved this ________ day of
512		-	______________, A.D., 2025
513		-
514		-
515		-
516		-
517		-
518		-	Governor
519		-
520		-	STATE OF SOUTH DAKOTA ,
521		-	ss.
522		-	Office of the Secretary of State
523		-
524		-
525		-	Filed ____________, 2025
526		-	at _________ o'clock __M.
527		-
528		-
529		-
530		-
531		-
532		-	Secretary of State
533		-
534		-
535		-
536		-	By
537		-	Asst. Secretary of State
538		-
539		-
	15	+	Underscores indicate new language.
	16	+	Overstrikes indicate deleted language.
	17	+	An Act to revise provisions related to pharmacy and to increase fees. 1
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
	19	+	Section 1. That § 13-33A-4 be AMENDED: 3
	20	+	13-33A-4. Any school may acquire and maintain a stock of epinephrine auto -4
	21	+	injectors pursuant to a prescription issued by an authorized health care provider for use 5
	22	+	in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions 6
	23	+	of this section are not subject to the prescription requirements in subdivision 36-11-2(21) 7
	24	+	chapter 36-11. 8
	25	+	Section 2. That § 36-11-2 be AMENDED: 9
	26	+	36-11-2. Terms used in this chapter mean: 10
	27	+	(1) "Association," the South Dakota Pharmacists Association; 11
	28	+	(2) "Biological product," as defined in 42 U.S.C. § 262(i), as of (January 1, 2018); 12
	29	+	(3)(2) "Board," or "board of pharmacy," the State Board of Pharmacy in South Dakota; 13
	30	+	(4)(3) "Brand name," the proprietary or registered trademark name given to a drug 14
	31	+	product by its manufacturer, labeler, or distributor and placed on the drug or on 15
	32	+	its container, label, or wrapping at the time of packaging; 16
	33	+	(5) "Chemicals," the chemical materials or medicine; 17
	34	+	(6)(4) "Compounding," the preparation, mixing, assembling, packaging , or labeling of a 18
	35	+	drug or drug device as the result of a practitioner's prescription drug order or an 19
	36	+	initiative based on the pharmacist/patient/practitioner relationship in the course of 20
	37	+	professional practice or for the purpose of or as an incident to research, teaching, 21
	38	+	or chemical analysis and not for sale or dispensing. The term also includes the 22
	39	+	preparation of drug or drug devices in anticipation of prescription drug orders based 23
	40	+	on routine, regularly observed prescribing patterns; 24 25.365.18 2 1016
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	(7)(5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device 1
	44	+	from one person to another, whether or not for a consideration; 2
	45	+	(8)(6) "Dispense" or "Dispensing," the preparation and delivery of a drug to a patient or 3
	46	+	a patient's agent pursuant to a prescription drug order in a suitable container with 4
	47	+	appropriate labeling for subsequent administration to or use by a patient. The term 5
	48	+	includes preparation of labels for drug devices if the labeling is related to the 6
	49	+	dosage and administration of drugs; 7
	50	+	(9)(7) "Distributing," the delivery of a drug or drug device other than by administration 8
	51	+	or dispensing; 9
	52	+	(10)(8) "Drug administration," the direct application of a drug or drug device by 10
	53	+	injection, inhalation, ingestion, or any other means to the body of a patient or 11
	54	+	research subject; 12
	55	+	(11)(9) "Drug device," equipment, process, biotechnological entity, diagnostic agent, 13
	56	+	or other product used in combination with a drug to provide effective management 14
	57	+	of medication regimens; 15
	58	+	(12) "Drug utilization review program," any program operated solely or partially as a 16
	59	+	professional standards review organization whose purpose is to educate 17
	60	+	pharmacists and practitioners on severe adverse reactions to drugs, therapeutic 18
	61	+	appropriateness, overutilization and underutilization, appropriate use of generic 19
	62	+	products, therapeutic duplication, drug-disease contraindications, drug-drug 20
	63	+	interactions, incorrect drug dosage or duration of drug treatment, drug -allergy 21
	64	+	interactions and clinical abuse or misuse, as well as to identify and reduce the 22
	65	+	frequency of patterns of potential and actual fraud, abuse, gross overuse, 23
	66	+	inappropriate care or medically unnecessary care associated with specific drugs or 24
	67	+	groups of drugs among practitioners, pharmacists and patients; 25
	68	+	(13)(10) "Equivalent drug product," a drug product, other than a biological product, that 26
	69	+	is considered to be therapeutically equivalent to other pharmaceutically equivalent 27
	70	+	products as determined by the latest edition of Approved Drug Products with 28
	71	+	Therapeutic Equivalence Evaluations, as adopted by the board through rules 29
	72	+	promulgated pursuant to chapter 1-26; 30
	73	+	(14)(11) "Interchangeable biological product," a biological product that the U.S. United 31
	74	+	States Food and Drug Administration either has licensed and determined meets the 32
	75	+	standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), as of (January 33
	76	+	1, 2018), or has determined is therapeutically equivalent, as set forth in the latest 34
	77	+	edition of, or any supplement to, the Food and Drug Administration's Approved 35 25.365.18 3 1016
	78	+	Underscores indicate new language.
	79	+	Overstrikes indicate deleted language.
	80	+	Drug Products with Therapeutic Equivalence Evaluations publication as adopted by 1
	81	+	the board through rules promulgated pursuant to chapter 1-26; 2
	82	+	(15)(12) "Labeling," the process of preparing and affixing a label to any drug or drug 3
	83	+	device container exclusive of the labeling by the manufacturer, packer , or 4
	84	+	distributor of a nonprescription drug or commercially packaged legend drug or drug 5
	85	+	device; 6
	86	+	(16) "Medical device," an instrument, apparatus, implement, machine, contrivance, 7
	87	+	implant, in vitro reagent or other similar or related article, including any 8
	88	+	component, part or accessory, that is intended for use in the diagnosis of disease 9
	89	+	or other conditions or in the cure, mitigation, treatment or prevention of disease 10
	90	+	in man or other animals or is intended to affect the structure or any function of the 11
	91	+	body of man or other animals, that does not achieve any of its principal intended 12
	92	+	purposes through chemical action within or on the body of man or other animals 13
	93	+	and that is not dependent upon being metabolized for achievement of any of its 14
	94	+	principal intended purposes; 15
	95	+	(17)(13) "Medicines," drugs or chemicals, or their preparations, in suitable form for the 16
	96	+	prevention, relief, or cure of diseases when used either internally or externally by 17
	97	+	man or for animals; 18
	98	+	(18)(14) "Nonprescription drugs," drugs that are labeled for use by the general public in 19
	99	+	accordance with § 502 of the Federal Food, Drug and Cosmetic Act as amended 20
	100	+	through January 1, 1997, 21 U.S.C. § 352 (January 1, 2025), and may be sold 21
	101	+	without a prescription drug order in accordance with § 503 of the Federal Food, 22
	102	+	Drug and Cosmetic Act as amended through January 1, 1997 21 U.S.C. § 353 23
	103	+	(January 1, 2025). The term does not include drugs which that are required by 24
	104	+	federal law to bear the statement, "Caution: federal law prohibits dispensing 25
	105	+	without prescription," drugs intended for human use by hypodermic injection, or 26
	106	+	animal remedies regulated by chapter 39-18; 27
	107	+	(19)(15) "Patient counseling," oral communication by the pharmacist of information to 28
	108	+	the patient or caregiver, as defined in rules promulgated pursuant to chapter 1-26, 29
	109	+	to improve therapy by ensuring proper use of drugs and drug devices; 30
	110	+	(20)(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical 31
	111	+	patient care services intended to achieve outcomes related to cure curing or 32
	112	+	prevention of preventing a disease, elimination eliminating or reduction of reducing 33
	113	+	a patient's symptoms, or arresting or slowing of a disease process; 34 25.365.18 4 1016
	114	+	Underscores indicate new language.
	115	+	Overstrikes indicate deleted language.
	116	+	(21)(17) "Pharmacist," a person licensed by the board to engage in the practice of 1
	117	+	pharmacy; 2
	118	+	(22)(18) "Pharmacy," any place of business within or outside this state licensed by the 3
	119	+	board where drugs are dispensed and pharmaceutical care is provided to residents 4
	120	+	of this state; 5
	121	+	(23)(19) "Practitioner," a person licensed, registered, or otherwise authorized by the 6
	122	+	jurisdiction in which the person is practicing to prescribe drugs in the course of 7
	123	+	professional practice; 8
	124	+	(24)(20) "Prescription drug order," a written or oral order of a practitioner for a drug or 9
	125	+	drug device for a specific patient; 10
	126	+	(25)(21) "Proper name," the nonproprietary name for a biological product designated by 11
	127	+	the U.S. United States Food and Drug Administration license for use upon each 12
	128	+	package of the product; and 13
	129	+	(26)(22) "Registered pharmacy technician," a person registered by the board who is 14
	130	+	employed by a pharmacy to assist licensed pharmacists in the practice of pharmacy 15
	131	+	by performing specific tasks delegated by and under the immediate personal 16
	132	+	supervision and control of a licensed pharmacist, as permitted by the board; 17
	133	+	(27) "Retail place of business," any place where merchandise is sold at retail and from 18
	134	+	which original packages of nonprescription drugs are sold or taken to be sold at 19
	135	+	retail; 20
	136	+	(28) "Reverse distributor," any person or business registered with the Drug Enforcement 21
	137	+	Administration that accepts drug products from vendors and returns the drug 22
	138	+	products to manufacturers for credit or destruction. 23
	139	+	Section 3. That § 36-11-2.1 be AMENDED: 24
	140	+	36-11-2.1. Drugs For the purpose of this chapter, "drugs" are defined as follows: 25
	141	+	(1) Articles recognized in the official United States Pharmacopoeia or the official 26
	142	+	National Formulary, as adopted by the board of pharmacy through rules 27
	143	+	promulgated pursuant to chapter 1-26, or recognized in the official Homeopathic 28
	144	+	Pharmacopoeia of the United States as in effect on January 1, 1993; 29
	145	+	(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention 30
	146	+	of disease in humans or other animals; 31
	147	+	(3) Articles (, other than food), intended to affect the structure or any functions of the 32
	148	+	human body; and 33
	149	+	(4) Articles intended for use as a component of any articles specified in this section. 34 25.365.18 5 1016
	150	+	Underscores indicate new language.
	151	+	Overstrikes indicate deleted language.
	152	+	The term "drugs" excludes medical devices. 1
	153	+	For the purposes of this section, "medical device" means an instrument, apparatus, 2
	154	+	implement, machine, contrivance, implant, in vitro reagent, or other similar or related 3
	155	+	article, including any component, part, or accessory, that is intended for use in the 4
	156	+	diagnosis of disease or other conditions or in the cure, mitigation, treatment, or prevention 5
	157	+	of disease in humans or animals, or is intended to affect the structure or any function of 6
	158	+	the body of humans or animals, that does not achieve any of its principal intended 7
	159	+	purposes through chemical action within or on the body of humans or animals and that is 8
	160	+	not dependent upon being metabolized for achievement of any of its principal intended 9
	161	+	purposes. 10
	162	+	Section 4. That § 36-11-5 be AMENDED: 11
	163	+	36-11-5. The Board of Pharmacy board shall hold meetings for the examination of 12
	164	+	applicants for licensure and registration, and the transaction of such other business as 13
	165	+	shall pertain that pertains to its duties. Special meetings of the board may be held 14
	166	+	whenever it shall be deemed necessary by a majority of the members thereof board. Two 15
	167	+	Three members of such the board shall constitute constitutes a quorum. 16
	168	+	Section 5. That § 36-11-13 be AMENDED: 17
	169	+	36-11-13. It is a Class 2 misdemeanor for any person other than a pharmacist 18
	170	+	registered under the laws of South Dakota to engage in the practice of pharmacy, except 19
	171	+	as provided by § 36-11-14. 20
	172	+	Section 6. That § 36-11-15 be AMENDED: 21
	173	+	36-11-15. Any person, other than a registered pharmacist, who compounds or 22
	174	+	dispenses drugs, medicines, or poisons, or who keeps a pharmacy or store for retailing or 23
	175	+	compounding medicines, or who takes, uses , or exhibits the title of a registered 24
	176	+	pharmacist, is guilty of a Class 2 misdemeanor. 25
	177	+	Section 7. That § 36-11-16 be AMENDED: 26
	178	+	36-11-16. Any person of The board shall issue a license to practice pharmacy to 27
	179	+	an individual who: 28
	180	+	(1) Submits an application prescribed by the board; 29 25.365.18 6 1016
	181	+	Underscores indicate new language.
	182	+	Overstrikes indicate deleted language.
	183	+	(2) Submits an application fee set by the board through rules promulgated in 1
	184	+	accordance with chapter 1-26, but not exceeding thirty-five dollars; 2
	185	+	(3) Is of good moral character and temperate habits,; 3
	186	+	(4) Is not less than eighteen years of age, who is; 4
	187	+	(5) Is a graduate of a college of pharmacy recognized and approved by the board, and 5
	188	+	who has ; 6
	189	+	(6) Has had the necessary experience as determined by the board in the practice of 7
	190	+	pharmacy under a regularly licensed pharmacist in a pharmacy where physicians' 8
	191	+	prescriptions are compounded and who shall pass a satisfactory; and 9
	192	+	(7) Has passed an examination prescribed by the State Board of Pharmacy, shall be 10
	193	+	entitled to a certificate of registration as a licensed pharmacist board. 11
	194	+	The board shall have the authority to may allow credit for suitable military and 12
	195	+	research activities in the field of pharmacy as part of the experience requirement. 13
	196	+	Section 8. That § 36-11-19 be AMENDED: 14
	197	+	36-11-19. The Board of Pharmacy board may in its discretion grant certificates of 15
	198	+	registration to such persons as shall furnish with their applications issue a license to 16
	199	+	practice pharmacy to individual who applies to the board and submits satisfactory proof 17
	200	+	that they have the individual has been registered licensed by examination in some other 18
	201	+	another state;, provided that such the other state required a degree of competency at the 19
	202	+	time such person the individual was licensed at least equal to that required of licentiates 20
	203	+	in this state at that same time. 21
	204	+	The State Board of Pharmacy, in order to be informed, board may, in determining 22
	205	+	the degree of fitness required by the several other states' boards of pharmacy for granting 23
	206	+	license and reciprocal registration licensure, join with other states' boards of pharmacy. 24
	207	+	Every person individual applying for registration licensure pursuant to this section shall 25
	208	+	pay to the board upon an application a fee, not to exceed one hundred fifty dollars, set by 26
	209	+	the board by rule promulgated pursuant to chapter 1-26. 27
	210	+	Section 9. That § 36-11-19.1 be AMENDED: 28
	211	+	36-11-19.1. Registered pharmacists A pharmacist may: 29
	212	+	(1) Perform drug administration pursuant to a prescription drug order. The Board of 30
	213	+	Pharmacy shall establish standards for drug administration pursuant to chapter 1-31
	214	+	26 with the approval of a committee composed of two persons appointed by the 32 25.365.18 7 1016
	215	+	Underscores indicate new language.
	216	+	Overstrikes indicate deleted language.
	217	+	Board of Pharmacy, two persons appointed by the Board of Nursing and two 1
	218	+	persons appointed by the Board of Medical and Osteopathic Examiners ; 2
	219	+	(2) Perform drug reviews; 3
	220	+	(3) Perform or participate in scientific or clinical drug or drug-related research as an 4
	221	+	investigator or in collaboration with other investigators; 5
	222	+	(4) Interpret and apply pharmacokinetic data and other pertinent laboratory data to 6
	223	+	design safe and effective drug dosage regimens; 7
	224	+	(5) Participate in drug and drug device selection pursuant to a prescription drug order; 8
	225	+	(6) Initiate or modify drug therapy by protocol or other legal authority established and 9
	226	+	approved within a licensed health care facility or by a practitioner authorized to 10
	227	+	prescribe drugs; and 11
	228	+	(7) Provide information on prescription drugs, which may include advising, consulting, 12
	229	+	and educating, as necessary or as required, patients, the public, and other health 13
	230	+	care providers on the rational, safe and cost-effective use of drugs, including 14
	231	+	therapeutic values, content, hazards and appropriate use. 15
	232	+	The board shall establish standards for drug administration, in rules promulgated 16
	233	+	pursuant to chapter 1-26, with the approval of a committee composed of two persons 17
	234	+	appointed by the board, two persons appointed by the South Dakota Board of Nursing, 18
	235	+	and two persons appointed by the State Board of Medical and Osteopathic Examiners. 19
	236	+	Section 10. That § 36-11-19.5 be AMENDED: 20
	237	+	36-11-19.5. Each nonresident pharmacy license expires on June thirtieth following 21
	238	+	the date of issue issuance. The board shall mail an provide a renewal application for license 22
	239	+	renewal to each licensee before June first of each year. If the licensee does not submit a 23
	240	+	renewal application for renewal of the license, accompanied by the annual license the 24
	241	+	renewal fee is not made, before the expiration date, the existing license lapses on the 25
	242	+	date of expiration. The board shall promulgate rules, pursuant to chapter 1-26, to establish 26
	243	+	the renewal fee, which may not exceed two hundred dollars. If the renewal application is 27
	244	+	submitted after the expiration of the license, the board must assess a fifty-dollar late fee 28
	245	+	and may reinstate the license. 29
	246	+	If a majority of ownership of a licensed nonresident pharmacy changes, the new 30
	247	+	owners must, within thirty days after the ownership change: 31
	248	+	(1) Submit the renewal application, indicating the change of ownership; and 32
	249	+	(2) Pay the renewal fee established by the board as provided in this section. 33 25.365.18 8 1016
	250	+	Underscores indicate new language.
	251	+	Overstrikes indicate deleted language.
	252	+	Section 11. That § 36-11-19.6 be AMENDED: 1
	253	+	36-11-19.6. The board may deny, revoke, or suspend a nonresident pharmacy 2
	254	+	registration license for conduct which that causes serious bodily injury or serious 3
	255	+	psychological injury to a resident of this state, if the board has referred the matter to the 4
	256	+	regulatory or licensing agency in the state in which the nonresident pharmacy is located 5
	257	+	and the regulatory or licensing agency fails to initiate an investigation within forty-five 6
	258	+	days after the referral. 7
	259	+	Any action taken to deny, revoke, or suspend a nonresident pharmacy registration 8
	260	+	license is a contested case proceeding pursuant to chapter 1-26. 9
	261	+	Section 12. That § 36-11-20 be AMENDED: 10
	262	+	36-11-20. The Board of Pharmacy board may, in compliance with chapter 1-26, 11
	263	+	suspend, revoke, or refuse to grant issue or renew a license or certificate of registration 12
	264	+	to practice pharmacy to any person who: 13
	265	+	(1) Is guilty of a felony or a misdemeanor involving moral turpitude, or who is; 14
	266	+	(2) Is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to 15
	267	+	render him the person unfit to practice pharmacy with reasonable skill and safety; 16
	268	+	and the board may, in compliance with chapter 1-26, revoke a license for like 17
	269	+	cause, or any license which has been procured 18
	270	+	(3) Procured a license by fraud or by false representation. Any license or registration, 19
	271	+	or renewal thereof, obtained through fraud or by any fraudulent or false 20
	272	+	representations shall be void. The board may suspend, revoke or refuse to grant a 21
	273	+	license or certificate of registration to any person; 22
	274	+	(4) Is permitting or engaging in the unauthorized sale of legend or controlled drugs or 23
	275	+	substances or who the; or 24
	276	+	(5) The board finds to be in violation of any law, rule, or regulation governing 25
	277	+	pharmacists. 26
	278	+	Section 13. That § 36-11-23 be AMENDED: 27
	279	+	36-11-23. Each To renew a license to practice pharmacy, a pharmacist shall must 28
	280	+	annually by October first, on or before September thirtieth of each year, submit a renewal 29
	281	+	application and pay to the board a registry renewal fee to be fixed set by the board in 30
	282	+	compliance rules promulgated in accordance with chapter 1-26, not to exceed one hundred 31
	283	+	fifty dollars. Upon application and payment of the fee by a pharmacist, the Board of 32 25.365.18 9 1016
	284	+	Underscores indicate new language.
	285	+	Overstrikes indicate deleted language.
	286	+	Pharmacy, the board shall renew the pharmacist's certificate of registration. Any license. 1
	287	+	If a pharmacist who fails to apply and pay the renewal fee by the due date is subject to 2
	288	+	suspension of certificate by the board in compliance with chapter 1-26. Any suspended 3
	289	+	certificate may be reinstated, the license expires. 4
	290	+	The board may reinstate an expired license if the individual: 5
	291	+	(1) Applies for reinstatement; and 6
	292	+	(2) Pays all delinquent fees have been paid, plus a penalty of twenty- five dollars, and 7
	293	+	the Board of Pharmacy has approved the application for reinstatement, plus a fifty-8
	294	+	dollar late fee. 9
	295	+	Section 14. That § 36-11-25 be AMENDED: 10
	296	+	36-11-25. Pharmacy The board may issue a pharmacy intern certificates may be 11
	297	+	issued by the Board of Pharmacy certificate to persons an individual who are is gaining 12
	298	+	experience as a qualification for licensure as a registered pharmacist. Any pharmacy intern 13
	299	+	granted issued an intern certificate shall perform his the internship pursuant to regulations 14
	300	+	which shall be rules promulgated by the Board of Pharmacy board in accordance with 15
	301	+	chapter 1-26. Nothing in this section shall may be construed as giving such a pharmacy 16
	302	+	intern authority to fill any prescription, except under the supervision and in the presence 17
	303	+	of the registered pharmacist. 18
	304	+	Section 15. That § 36-11-26 be AMENDED: 19
	305	+	36-11-26. If the Board of Pharmacy board is satisfied that any person holding a 20
	306	+	certificate of registration pharmacist is for any reason incompetent or disqualified to 21
	307	+	perform the duties of a registered pharmacist pursuant to § 36-11-20 or as contemplated 22
	308	+	by the provisions of this chapter, it may, in compliance with § 36-11-28 chapter 1-26: 23
	309	+	(1) Issue a reprimand to the registrant pharmacist; 24
	310	+	(2) Place the registrant pharmacist on probation and supervision; 25
	311	+	(3) Suspend the registrant's certificate pharmacist's license until he the pharmacist 26
	312	+	completes a course of therapy, treatment, training, or any combination thereof; 27
	313	+	(4) Suspend the registrant's certificate pharmacist's license for a fixed period; and 28
	314	+	(5) Revoke the registrant's certificate pharmacist's license. 29
	315	+	An individual may appeal a decision of the board as provided in chapter 1-26. 30
	316	+	Section 16. That § 36-11-30 be AMENDED: 31 25.365.18 10 1016
	317	+	Underscores indicate new language.
	318	+	Overstrikes indicate deleted language.
	319	+	36-11-30. No A person may not open or operate a pharmacy shall open or be kept 1
	320	+	open for transaction of business until it has been registered and a permit issued unless 2
	321	+	the pharmacy is licensed by the State Board of Pharmacy board. 3
	322	+	A violation of this section is a Class 2 misdemeanor. Each day of violation is a 4
	323	+	separate offense. 5
	324	+	Section 17. That § 36-11-31 be AMENDED: 6
	325	+	36-11-31. No Only a person, copartnership or corporation that has a pharmacy 7
	326	+	license issued by the board may carry: 8
	327	+	(1) Carry on, conduct, or transact business under a name which that contains as a part 9
	328	+	thereof the term or words "drug department," "drugstore," or "pharmacy," or any 10
	329	+	term implying the operation of a pharmacy or drugstore, or in any manner by 11
	330	+	advertisement, circular, poster, sign or otherwise describe; and 12
	331	+	(2) Advertise, describe, or refer to a place of business, in any manner, by the terms 13
	332	+	"drugstore" or "pharmacy," or any other term or words which may be applied to 14
	333	+	establishments where drugs, medicines, and poisons are usually dispensed or 15
	334	+	distributed, unless the place of business so conducted is a pharmacy duly 16
	335	+	authorized and registered by the State Board of Pharmacy implying the operation 17
	336	+	of a pharmacy. 18
	337	+	A violation of this section is a Class 2 misdemeanor. 19
	338	+	Section 18. That § 36-11-32 be AMENDED: 20
	339	+	36-11-32. Upon The board shall issue a pharmacy license to a pharmacist in good 21
	340	+	standing, if the pharmacist: 22
	341	+	(1) Submits a form prescribed by the State Board of Pharmacy board; and the payment 23
	342	+	of 24
	343	+	(2) Pays a fee, not to exceed two hundred dollars, set by the Board of Pharmacy board 25
	344	+	in rules promulgated in accordance with chapter 1-26, the State Board of Pharmacy 26
	345	+	shall issue to pharmacists in good standing, registered under the laws of this state, 27
	346	+	a permit to conduct a pharmacy. 28
	347	+	Section 19. That § 36-11-33 be AMENDED: 29
	348	+	36-11-33. The Board of Pharmacy board may issue to pharmacists a pharmacist 30
	349	+	in good standing a permit license to conduct operate a part-time, limited, or conditional 31 25.365.18 11 1016
	350	+	Underscores indicate new language.
	351	+	Overstrikes indicate deleted language.
	352	+	pharmacy in hospitals a hospital, nursing homes facility, or related facilities facility, 1
	353	+	provided that the pharmacy services are limited to patients inpatients or residents of the 2
	354	+	facility. 3
	355	+	A permit to conduct a pharmacy, the The board may issue a license under this 4
	356	+	section if: 5
	357	+	(1) The pharmacist submits a form prescribed by the board and pays a fee, not to 6
	358	+	exceed two hundred dollars, set by the board in rules promulgated in accordance 7
	359	+	with chapter 1-26; and 8
	360	+	(2) The merchandise and fixtures of which the pharmacy are owned by a person, firm, 9
	361	+	or corporation other than a registered the pharmacist, upon said registered 10
	362	+	pharmacist making application for a permit hereunder, may be issued and granted 11
	363	+	to the said registered pharmacist, on compliance applying for the license. 12
	364	+	The pharmacist must comply with the provisions of this chapter, and with minimum 13
	365	+	standards as established by the board in rules promulgated pursuant to chapter 1-26. 14
	366	+	Section 20. That § 36-11-34 be AMENDED: 15
	367	+	36-11-34. No permit to conduct The board may not issue a pharmacy shall be 16
	368	+	issued license to any pharmacist applicant unless such pharmacist: 17
	369	+	(1) The applicant is the owner, or part owner, of the merchandise and fixtures of the 18
	370	+	place of business for which such the pharmacy registration license is applied for, 19
	371	+	or unless; 20
	372	+	(2) The application is made jointly with a registered pharmacist owner,; or unless the 21
	373	+	(3) The nonpharmacist owner of the merchandise and fixtures of the place of business 22
	374	+	for which the pharmacy registration license is applied for, has made submitted an 23
	375	+	affidavit on a form prescribed by the state board of pharmacy delegating complete 24
	376	+	responsibility for the pharmaceutical services in said place of business to the 25
	377	+	pharmacist applicant. 26
	378	+	Section 21. That § 36-11-35 be AMENDED: 27
	379	+	36-11-35. Each permit for a pharmacy shall constitute and signify a legal 28
	380	+	registration for the pharmacy to which it applies, and shall expire pharmacy license expires 29
	381	+	on the last day of June thirtieth following the date of issue. To renew a pharmacy license, 30
	382	+	the pharmacist must submit a renewal application on or before June thirtieth on a form 31
	383	+	prescribed by the board, and pay the renewal fee set by the board in rules promulgated 32
	384	+	in accordance with chapter 1-26, but not exceeding two hundred dollars. If the renewal 33 25.365.18 12 1016
	385	+	Underscores indicate new language.
	386	+	Overstrikes indicate deleted language.
	387	+	application and fee is submitted after the expiration of the license, the board must assess 1
	388	+	a fifty-dollar late fee and may reinstate the license. 2
	389	+	If a majority ownership of the pharmacy changes, the new owners must, within 3
	390	+	thirty days after ownership change: 4
	391	+	(1) Submit the renewal application, indicating the change of ownership; and 5
	392	+	(2) Pay the renewal fee established by the board as provided in this section. 6
	393	+	Section 22. That § 36-11-36 be AMENDED: 7
	394	+	36-11-36. Each permit for a pharmacy, together with a certificate naming the 8
	395	+	pharmacist actively conducting said pharmacy, license issued by the State Board of 9
	396	+	Pharmacy, which shall be a part of said permit, shall board must be exposed posted in a 10
	397	+	conspicuous place in the pharmacy to which it applies that is viewable by the public. 11
	398	+	Section 23. That § 36-11-37 be AMENDED: 12
	399	+	36-11-37. Each permit for a A pharmacy license may be transferred to another 13
	400	+	pharmacist in good standing and registered under the laws of this state without the 14
	401	+	payment of an additional fee;, provided an application for the transfer of said permit the 15
	402	+	license is made upon a form prescribed by the State Board of Pharmacy board and upon 16
	403	+	payment of a fifty dollar fee. The application for transfer must be filed with the secretary 17
	404	+	thereof board not less more than ten days before after the transfer of such active 18
	405	+	management is made. If the application for transfer is received by the board after ten 19
	406	+	days, the pharmacy license is void, and the pharmacist must reapply for the license. 20
	407	+	Section 24. That § 36-11-38 be AMENDED: 21
	408	+	36-11-38. In the event of the death of the pharmacist permittee in active 22
	409	+	management, the pharmacy permit license issued to the deceased under this chapter 23
	410	+	shall, within one hundred twenty days after the date of death of such permittee or on June 24
	411	+	thirtieth, whichever is sooner, become null and void, unless transfer thereof, the license 25
	412	+	is transferred as provided in § 36-11-37, shall have been made within the said one 26
	413	+	hundred twenty day period. 27
	414	+	Section 25. That § 36-11-39 be AMENDED: 28
	415	+	36-11-39. The change of location of any pharmacy for which a permit license has 29
	416	+	been issued from one municipality to another within this state , any change in the 30 25.365.18 13 1016
	417	+	Underscores indicate new language.
	418	+	Overstrikes indicate deleted language.
	419	+	ownership of such pharmacy, or the cessation of business by such the pharmacy shall, 1
	420	+	must be reported to the State Board of Pharmacy board within ten days from such the 2
	421	+	occurrence on forms prescribed by the State Board of Pharmacy board. 3
	422	+	Section 26. That § 36-11-41 be AMENDED: 4
	423	+	36-11-41. No permit may be issued under 36-11-32 unlessA pharmacy licensed 5
	424	+	by the board must: 6
	425	+	(1) The pharmacy is Be equipped with the pharmaceutical instruments and utensils 7
	426	+	prescribed by the State Board of Pharmacy, and shall possess board in rules 8
	427	+	promulgated in accordance with chapter 1-26; 9
	428	+	(2) Possess a stock of pharmaceuticals adequate to serve the needs of the community 10
	429	+	in which the pharmacy is located; and 11
	430	+	(2)(3) The pharmacy has Have on file at all times the publications and supplements of 12
	431	+	formularies and drug information prescribed by the board, by rules promulgated 13
	432	+	pursuant to chapter 1-26; and 14
	433	+	(4) Be maintained and operated in a clean and sanitary condition, free from unhealth, 15
	434	+	foreign, or injurious contamination. 16
	435	+	Section 27. That § 36-11-43 be AMENDED: 17
	436	+	36-11-43. The Board of Pharmacy board may, in the manner provided by rules 18
	437	+	promulgated in accordance with chapter 1-26, adopt a code of professional ethics for 19
	438	+	pharmacists in this state in the practice of their profession. In adopting such code, or any 20
	439	+	amendments thereafter, the. The board will shall consider the recommendations of the 21
	440	+	South Dakota Pharmacists Association and the vote of its members, provided however, 22
	441	+	that any such in adopting the code or changes made thereto. The code so adopted shall 23
	442	+	at no time may not contain any provision that would in any way restrain, prohibit, or 24
	443	+	attempt to regulate the rights of any pharmacist to be employed in any a licensed 25
	444	+	pharmacy holding a valid pharmacy permit. Violation of the code of professional ethics 26
	445	+	shall may not be the basis for criminal prosecution unless otherwise declared unlawful. 27
	446	+	Section 28. That § 36-11-44 be AMENDED: 28
	447	+	36-11-44. Any registered pharmacist who permits the compounding or dispensing 29
	448	+	of prescriptions or the vending of drugs or poisons in his store or in the pharmacist's place 30
	449	+	of business, except under the personal supervision of a registered pharmacist, or any 31 25.365.18 14 1016
	450	+	Underscores indicate new language.
	451	+	Overstrikes indicate deleted language.
	452	+	pharmacist who, while continuing in business, makes any false representations to procure 1
	453	+	registration for himself a license for the pharmacist or any other person, is guilty of a 2
	454	+	Class 2 misdemeanor. 3
	455	+	Section 29. That § 36-11-48 be AMENDED: 4
	456	+	36-11-48. The State Board of Pharmacy board may suspend or revoke , in 5
	457	+	accordance with chapter 1-26, any permit obtained pharmacy license issued under this 6
	458	+	chapter on the following grounds: 7
	459	+	(1) The license was obtained by false representations made in the application therefor, 8
	460	+	or when the; 9
	461	+	(2) The pharmacy for which the permit shall be license was issued is was kept open 10
	462	+	for the transaction of business without a registered pharmacist in charge thereof, 11
	463	+	or upon conviction; 12
	464	+	(3) Conviction of a violation of any law of this state or of the United States pertaining 13
	465	+	to the drug business or for the aiding or abetting in the violation of any such the 14
	466	+	law; 15
	467	+	(4) The active management of the pharmacy was changed without the transfer, as 16
	468	+	provided in § 36-11-37, of the license; 17
	469	+	(5) The location of the pharmacy was changed without the change being reported as 18
	470	+	provided in § 36-11-39; 19
	471	+	(6) The pharmacy was kept open for the transaction of business after the pharmacist 20
	472	+	ceased to be in active management of the pharmacy; or 21
	473	+	(7) The minimum requirements of this chapter and the board are no longer met . 22
	474	+	A pharmacy license may not be suspended or revoked except by a vote of three or 23
	475	+	more members of the board. 24
	476	+	Section 30. That § 36-11-67 be AMENDED: 25
	477	+	36-11-67. Pharmacists licensed under this chapter A pharmacist or physicians 26
	478	+	physician licensed under chapter 36-4 who participate on participates in a drug utilization 27
	479	+	review program as defined in § 36-11-2 are is not individually or jointly not subject to, 28
	480	+	and are is immune from, claim, suit, liability, damages, or any other recourse, civil or 29
	481	+	criminal, arising from any act or proceeding, decision, or determination undertaken, 30
	482	+	performed, or reached in good faith and without malice when acting individually or jointly 31
	483	+	in carrying out the responsibilities, authority, duties, powers, and privileges of the 32 25.365.18 15 1016
	484	+	Underscores indicate new language.
	485	+	Overstrikes indicate deleted language.
	486	+	program conferred upon them under any provisions of law or rule, good faith being 1
	487	+	presumed until proven otherwise, with malice required to be shown by the complainant. 2
	488	+	For the purposes of this section, a "drug utilization review program" is a program 3
	489	+	operated solely or partially as a professional standards review organization whose purpose 4
	490	+	is to: 5
	491	+	(1) Educate pharmacists and practitioners on: 6
	492	+	(a) Severe adverse reactions to drugs; 7
	493	+	(b) Therapeutic appropriateness; 8
	494	+	(c) Overutilization; 9
	495	+	(d) Underutilization; 10
	496	+	(e) Appropriate use of generic products; 11
	497	+	(f) Therapeutic duplication; 12
	498	+	(g) Drug-disease contraindications; 13
	499	+	(h) Drug-drug interactions; 14
	500	+	(i) Incorrect drug dosage or duration of drug treatment; 15
	501	+	(j) Drug-allergy interactions; and 16
	502	+	(k) Clinical abuse or misuse; and 17
	503	+	(2) Identify and reduce the frequency of patterns of potential and actual fraud, abuse, 18
	504	+	gross overuse, inappropriate care, or medically unnecessary care associated with 19
	505	+	specific drugs or groups of drugs among practitioners, pharmacists, and patients. 20
	506	+	Section 31. That § 36-11-72 be AMENDED: 21
	507	+	36-11-72. The board shall promulgate rules pursuant to chapter 1-26 to provide 22
	508	+	for the regulation of telepharmacy in the this state. The rules shall include must provide 23
	509	+	for: 24
	510	+	(1) License and renewal application requirements, including establishment: 25
	511	+	(a) Establishment of an annual initial license fee and a renewal fee, each not to 26
	512	+	exceed two hundred fifty dollars; 27
	513	+	(b) Procedures for the reinstatement of an expired license; and 28
	514	+	(c) Establishment of a late fee for reinstating an expired license, not to exceed 29
	515	+	fifty dollars; 30
	516	+	(2) Minimum structural, security, and equipment requirements for the remote 31
	517	+	pharmacy; 32
	518	+	(3) Minimum staffing requirements for the central pharmacy and remote pharmacy; 33
	519	+	(4) Record keeping requirements for the central pharmacy and remote pharmacy; 34 25.365.18 16 1016
	520	+	Underscores indicate new language.
	521	+	Overstrikes indicate deleted language.
	522	+	(5) Establishment of policies Policies and procedures for the daily operation of the 1
	523	+	remote pharmacy; and 2
	524	+	(6) Use of automated dispensing machines. 3
	525	+	Section 32. That a NEW SECTION be added to chapter 36-11: 4
	526	+	If the majority of ownership of a remote pharmacy changes, the new owners must, 5
	527	+	within thirty days after the ownership change: 6
	528	+	(1) Submit the renewal application prescribed by the board, as provided in § 36-11-7
	529	+	72, indicating the change of ownership; and 8
	530	+	(2) Pay the renewal fee established by the board, as provided in § 36-11-72. 9
	531	+	Section 33. That § 36-11A-8 be AMENDED: 10
	532	+	36-11A-8. An applicant for licensure as a To apply for a wholesale or other drug 11
	533	+	distributor shall apply annually to the board license, a person must submit an application 12
	534	+	on a form provided by the board. The application shall be accompanied by a and pay an 13
	535	+	annual license fee set by the board. The fee may not exceed two , not to exceed five 14
	536	+	hundred fifty dollars. 15
	537	+	All financial statements or related information submitted by applicants shall must 16
	538	+	be treated as confidential materials. 17
	539	+	Section 34. That § 36-11A-13 be AMENDED: 18
	540	+	36-11A-13. Each wholesale drug distributor license expires on December thirty-19
	541	+	first following the date of issue issuance. The board shall provide an application for license 20
	542	+	renewal to each licensee before December first of each year. To renew a license, the 21
	543	+	licensee shall submit the renewal application and pay the annual license fee set by the 22
	544	+	board as provided in § 36-11A-8. If application for renewal of the license accompanied by 23
	545	+	the annual license fee is not made before the expiration date, the existing license lapses 24
	546	+	on the date of expiration. If the board receives a renewal application and fee for an expired 25
	547	+	license, the board must assess a fifty-dollar late fee and may reinstate the license. 26
	548	+	If the majority of ownership of a licensed facility changes, the new owners must, 27
	549	+	within thirty days after the ownership change: 28
	550	+	(1) Submit a renewal application, indicating the change of ownership; and 29
	551	+	(2) Pay a fee equal to the annual license fee. 30
	552	+	Section 35. That § 36-11-3 be REPEALED. 31 25.365.18 17 1016
	553	+	Underscores indicate new language.
	554	+	Overstrikes indicate deleted language.
	555	+	Those registered pharmacists of this state electing to participate shall constitute 1
	556	+	an association under the name and title of the South Dakota Pharmacists Association. The 2
	557	+	purpose of the association is to serve as the state professional society of pharmacists 3
	558	+	which represents the profession of pharmacy, enhances the public's awareness of 4
	559	+	pharmacy, and serves the best interest of public health and pharmacy. The South Dakota 5
	560	+	Pharmacists Association shall be conducted as a nonprofit corporation pursuant to the 6
	561	+	terms of its articles of incorporation. The members of the association who have secured a 7
	562	+	current annual certificate of registration to practice pharmacy in this state and who have 8
	563	+	elected to participate in the association are entitled to all of the rights and privileges of 9
	564	+	the association and may vote, serve as an officer or director of the association, and 10
	565	+	participate in all of the meetings of the association. The association shall hold an annual 11
	566	+	meeting at such time and place as it determines. 12
	567	+	Section 36. That § 36-11-6 be REPEALED. 13
	568	+	The board may, upon receipt, pay to the South Dakota Pharmacists Association 14
	569	+	eighty percent of all fees the board receives for renewals of certificates of registration as 15
	570	+	a pharmacist. The association shall use the funds for the following association activities to 16
	571	+	benefit the public and the profession: continuing education, matters related to registration 17
	572	+	standards for pharmacists, professional service standards, and general operating 18
	573	+	expenses related to the activities enumerated in this section. The association shall also 19
	574	+	use funds received to pay any legislated assessment to support a diversion program for 20
	575	+	chemically impaired pharmacists. Expenditures of funds shall be approved by the 21
	576	+	president and treasurer of the association. The association shall annually file in the office 22
	577	+	of the board an itemized statement of the receipts of the association and disbursements 23
	578	+	from the receipts. 24
	579	+	Section 37. That § 36-11-17 be REPEALED. 25
	580	+	Every person initially applying for a certificate of registration with the Board of 26
	581	+	Pharmacy as a registered pharmacist shall pay to the board with the application a fee, not 27
	582	+	to exceed thirty-five dollars, set by the board by rule promulgated pursuant to chapter 1-28
	583	+	26. 29
	584	+	Section 38. That § 36-11-18 be REPEALED. 30 25.365.18 18 1016
	585	+	Underscores indicate new language.
	586	+	Overstrikes indicate deleted language.
	587	+	It shall be the duty of the Board of Pharmacy to examine all applications for 1
	588	+	registration submitted in due form as provided in the rules and regulations of the board 2
	589	+	and to grant certificates of registration to such persons as may be entitled to the same 3
	590	+	under the provisions of this chapter. 4
	591	+	Section 39. That § 36-11-22 be REPEALED. 5
	592	+	The Board of Pharmacy shall keep a record of registration in which shall be entered 6
	593	+	the names and places of business of all persons registered under this chapter which 7
	594	+	records shall also specify such facts as such persons shall claim to justify their registration. 8
	595	+	Section 40. That § 36-11-28 be REPEALED. 9
	596	+	A certificate of registration as a pharmacist shall not be revoked or suspended 10
	597	+	except after hearing before the Board of Pharmacy at which a majority of its members are 11
	598	+	present and in compliance with chapter 1-26. 12
	599	+	Section 41. That § 36-11-29 be REPEALED. 13
	600	+	An appeal from the decision of the Board of Pharmacy may be taken as provided 14
	601	+	by chapter 1-26. 15
	602	+	Section 42. That § 36-11-40 be REPEALED. 16
	603	+	Any permit issued under the provisions of § 36-11-32 shall be void if the active 17
	604	+	management of any pharmacy is changed without the transfer, as provided in § 36-11-18
	605	+	37, of the permit therefor, or if the location of said pharmacy is changed without the same 19
	606	+	being reported as provided in § 36-11-39, or if the pharmacy is kept open for business 20
	607	+	after the permittee has ceased to be in active management of said pharmacy, and 21
	608	+	whenever the minimum requirements of this chapter and the Board of Pharmacy are no 22
	609	+	longer met. 23
	610	+	Section 43. That § 36-11-42 be REPEALED. 24
	611	+	Any permit issued under the provisions of § 36-11-32 shall be void and subject to 25
	612	+	cancellation by the State Board of Pharmacy, unless such pharmacy is maintained and 26
	613	+	operated in a clean and sanitary condition, free from unhealthful, foreign, or injurious 27
	614	+	contamination. 28 25.365.18 19 1016
	615	+	Underscores indicate new language.
	616	+	Overstrikes indicate deleted language.
	617	+	Section 44. That § 36-11-49 be REPEALED. 1
	618	+	Before any permit for a pharmacy shall be revoked chapter 1-26 shall be complied 2
	619	+	with. Two members of the board shall constitute a quorum and no permit shall be revoked 3
	620	+	except by a vote of two or more members of the State Board of Pharmacy. 4
	621	+	Section 45. That § 36-11A-4.2 be REPEALED. 5
	622	+	No outsourcing facility engaged in compounding of nonpatient specific sterile and 6
	623	+	nonsterile drugs may become licensed by the board without first obtaining a registration 7
	624	+	and inspection by the United States Food and Drug Administration, and paying the license 8
	625	+	fee set by the board in rules promulgated pursuant to chapter 1-26. The fee may not 9
	626	+	exceed two hundred dollars. 10
	627	+	Section 46. No later than September 30, 2025, the Board of Pharmacy shall, pursuant to 11
	628	+	chapter 1-26, provide for and file with the secretary of state, the amendment of ARSD 12
	629	+	20:67:02:01, as set forth below: 13
	630	+	20:67:02:01. Application and fee. A wholesale or other distributor must 14
	631	+	apply each year to the board, electronically or on a form supplied by the secretary of the 15
	632	+	board, for a license to engage in the distribution of prescription drugs. Each application 16
	633	+	shall must be accompanied by a license fee of $200 five hundred dollars. 17
	634	+	Source: 18 SDR 95, effective November 25, 1991; 24 SDR 160, effective May 18
	635	+	26, 1998; 45 SDR 86, effective December 24, 2018. 19
	636	+	General Authority: SDCL 36-11A-14(1),(6). 20
	637	+	Law Implemented: SDCL 36-11A-7, 36-11A-8. 21