36-11-46.4. Standards for selecting prescription drug.
A pharmacist may not select a product unless it has been manufactured, labeled, or distributed by a manufacturer, labeler, or distributor who:
(1)Marks capsules and tablets with an identification code or monogram;
(2)Labels products with their expiration date;
(3)Provides reasonable services to accept return goods that have reached their expiration date;
(4)Maintains reasonable resources for product information;
(5)Maintains recall capabilities for unsafe or defective drugs; and
(6)Makes available therapeutic equivalency ratings.
Source: SL 1978, ch 271, §6; SL 1990, ch 306, §4; SL 1993, ch 277, §5.
Structure 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 36-11-4.1 - 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 36-11-7 - 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 36-11-17 - Registration fee.
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 36-11-19.9 - Designation of resident agent for nonresident pharmacy.
Section 36-11-21 - Continuing validity of prior certificates.
Section 36-11-22 - Registration record maintained by board--Contents.
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 36-11-32 - 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 36-11-46 - 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 36-11-46.4 - Standards for selecting prescription drug.
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 36-11-64 - 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.