South Dakota Codified Laws
Chapter 11 - Pharmacies And Pharmacists
Section 36-11-46.10 - Notice to practitioner of biological product dispensed.

36-11-46.10. Notice to practitioner of biological product dispensed.
Any entry into an electronic records system as described in §36-11-46.9 is presumed to provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological product dispensed to the practitioner using facsimile, telephone, electronic transmission, or other prevailing means, if communication is not required where:
(1)There is no interchangeable biological product approved by the U.S. Food and Drug Administration for the product prescribed; or
(2)A refill prescription is not changed from the product dispensed on the prior filling of the prescription.

Source: SL 2018, ch 231, §10.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 11 - Pharmacies And Pharmacists

Section 36-11-1 - Public interest in regulation of practice.

Section 36-11-2 - Definition of terms.

Section 36-11-2.1 - Drugs defined.

Section 36-11-2.2 - Practice of pharmacy defined.

Section 36-11-3 - South Dakota Pharmacists Association--Purpose--Annual meeting.

Section 36-11-4 - Composition of State Board of Pharmacy--Terms and appointment of members--Removal of member.

Section 36-11-4.1 - Lay member of board--Appointment and term of office.

Section 36-11-5 - Meetings of board--Quorum.

Section 36-11-5.1 - Board continued within Department of Health--Records and reports.

Section 36-11-6 - Use of funds by Pharmacists Association--Approval of expenditures--Filing statement.

Section 36-11-7 - Salary and expenses of secretary.

Section 36-11-8 - Compensation of personnel from fees received.

Section 36-11-9 - Annual report to Governor--Contents.

Section 36-11-10 - Residual and implied powers of board.

Section 36-11-11 - Promulgation of rules.

Section 36-11-13 - Unregistered practice of pharmacy as misdemeanor.

Section 36-11-14 - Physicians and veterinarians unaffected by chapter.

Section 36-11-15 - Unregistered dispensing of drugs or operation of pharmacy as misdemeanor.

Section 36-11-16 - Requirements for registration as pharmacist.

Section 36-11-16.1 - Criminal background investigation of applicants for licensure and licensees under disciplinary investigation--Fees.

Section 36-11-17 - Registration fee.

Section 36-11-18 - Examination of applicants for registration--Grant of certificates to qualified persons.

Section 36-11-19 - Registration of applicants registered in other states--Fee.

Section 36-11-19.1 - Authority of registered pharmacists.

Section 36-11-19.2 - Nonresident pharmacy defined.

Section 36-11-19.3 - Requirements for licensure of nonresident pharmacy.

Section 36-11-19.4 - Denial of nonresident pharmacy's application--Appeal.

Section 36-11-19.5 - Expiration and renewal of nonresident pharmacy license.

Section 36-11-19.6 - Conduct causing denial, revocation, or suspension of nonresident pharmacy license--Contested case.

Section 36-11-19.7 - Nonresident pharmacy dispensing equivalent drug product or interchangeable biological product.

Section 36-11-19.8 - Recording patient information--Toll-free telephone service--Written information on new or changed prescriptions.

Section 36-11-19.9 - Designation of resident agent for nonresident pharmacy.

Section 36-11-20 - Suspension, revocation, or refusal of license--Grounds--Fraudulent registration void.

Section 36-11-21 - Continuing validity of prior certificates.

Section 36-11-22 - Registration record maintained by board--Contents.

Section 36-11-23 - Annual registry fee and renewal--Suspension of certificate for failure to renew--Reinstatement after suspension.

Section 36-11-23.1 - Continuing education program established.

Section 36-11-23.2 - Rules relating to continuing education--Maximum annual requirement.

Section 36-11-23.3 - Continuing education required for relicensure.

Section 36-11-23.4 - Advisory council on continuing education.

Section 36-11-25 - Pharmacy intern certificates--Restrictions on practice.

Section 36-11-26 - Board power to discipline registrant.

Section 36-11-28 - Procedure for revocation or suspension of certificate.

Section 36-11-29 - Appeal from revocation or suspension of certificate.

Section 36-11-30 - Registration and permit required for operation of pharmacy--Violation as misdemeanor.

Section 36-11-31 - Business name or advertising implying pharmacy prohibited unless registered--Violation as misdemeanor.

Section 36-11-32 - Pharmacy permit issued by board--Fee.

Section 36-11-33 - Institutional pharmacy permits--Scope of services provided--Minimum standards.

Section 36-11-34 - Ownership or control by pharmacist required for pharmacy permit.

Section 36-11-35 - Pharmacy permit as legal registration--Expiration date.

Section 36-11-36 - Permit and certificate displayed in pharmacy.

Section 36-11-37 - Transfer of pharmacy permit to another pharmacist.

Section 36-11-38 - Permit void after death of pharmacist--Time allowed for transfer.

Section 36-11-39 - Report to board of changes in location or ownership of pharmacy.

Section 36-11-40 - Permit void on unreported transfer, change of location or change in management.

Section 36-11-41 - Equipment, supplies and publications required for pharmacy permit.

Section 36-11-42 - Sanitary conditions required in pharmacy.

Section 36-11-43 - Code of professional ethics--Association recommendations considered--Employment rights not regulated--No basis for criminal prosecution.

Section 36-11-44 - Permitting unauthorized practice or false representation to secure registration as misdemeanor.

Section 36-11-46 - Dispensing of substandard drugs prohibited--Violation as misdemeanor.

Section 36-11-46.1 - Dispensing equivalent drug products.

Section 36-11-46.2 - Prescription prohibiting substitution--Requirements.

Section 36-11-46.3 - Notification to person receiving equivalent drug product or interchangeable biological product--Right of refusal.

Section 36-11-46.4 - Standards for selecting prescription drug.

Section 36-11-46.5 - Liability for dispensing equivalent drug product or interchangeable biological product.

Section 36-11-46.6 - Label to contain drug name--Form when generic equivalent selected--Contents of prescription files--Label information.

Section 36-11-46.7 - Equivalent drug and biological product requirements not applicable to hospital patients.

Section 36-11-46.8 - Cause of action for selection of equivalent drug product or interchangeable biological product.

Section 36-11-46.9 - Dispensing interchangeable biological products.

Section 36-11-46.10 - Notice to practitioner of biological product dispensed.

Section 36-11-46.11 - Labeling of prescription container for biological product.

Section 36-11-47.1 - Posting of prescription drug prices authorized--Rules and regulations.

Section 36-11-47.2 - Refusal to quote prescription price as misdemeanor.

Section 36-11-48 - Grounds for suspension or revocation of pharmacy permit.

Section 36-11-49 - Procedure for revocation of pharmacy permit.

Section 36-11-50 - Appeal from cancellation of pharmacy permit.

Section 36-11-63 - Fees paid to secretary of board--Employment of personnel and payment of expenses from funds collected.

Section 36-11-64 - Employment of inspectors--Inspection of licensed establishments.

Section 36-11-65 - Injunction proceedings to prevent violations of chapter--Election of remedies.

Section 36-11-66 - Severability of provisions.

Section 36-11-67 - Participants in drug utilization review program immune from liability.

Section 36-11-68 - Counseling patients and caregivers--Maintenance of patient records.

Section 36-11-69 - Release of patient information--Good faith required.

Section 36-11-70 - Refusal to dispense medication.

Section 36-11-71 - Central pharmacy, remote pharmacy, and telepharmacy practice defined.

Section 36-11-72 - Telepharmacy--Promulgation of rules.