South Dakota Codified Laws
Chapter 11A - Wholesale Drug Distributors
Section 36-11A-2 - Distribution defined.

36-11A-2. Distribution defined.
As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product. The term does not include:
(1)Intracompany sales between any division, subsidiary, parent or otherwise affiliated or related company under the common ownership and control of a corporate entity;
(2)The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;
(3)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in §501(c)(3) of the Internal Revenue Code of 1954, as amended through December 18, 2015, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
(4)The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control;
(5)The sale, purchase or trade of a drug, or an offer to sell, purchase or trade a drug, for emergency medical reasons;
(6)The sale, purchase or trade of a drug, an offer to sell, purchase or trade a drug, or the dispensing of a drug pursuant to a prescription;
(7)The transfer of drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;
(8)The distribution of drug samples by manufacturers' representatives or distributors' representatives;
(9)The sale, purchase, or trade of blood and blood components intended for transfusion;
(10)The sale, purchase, or trade of a drug to an individual under any form of insurance or an employee medical benefit program pursuant to a prescription; or
(11)The logistics and warehouse services provided by a third-party logistics provider.

Source: SL 1991, ch 307, §2; SL 2017, ch 174, §7.

Structure South Dakota Codified Laws