South Dakota Codified Laws
Chapter 11A - Wholesale Drug Distributors
Section 36-11A-28 - Information to be provided by applicants.

36-11A-28. Information to be provided by applicants.
The board shall require the following minimum information from each wholesale distributor applying to obtain a license under §36-11A-27:
(1)The name, full business address, and telephone number of the licensee;
(2)Any trade or business name used by the licensee;
(3)The address, telephone number, and the name of any contact person for any facilities used by the licensee for the storage, handling, and distribution of prescription drugs;
(4)The type of ownership or operation;
(5)The name of the owner and the operator of the licensee, including:
(a)If a person, the name of the person;
(b)If a partnership, the name of each partner, and the name of the partnership;
(c)If a corporation, the name and title of each corporate officer and director, the corporate names, and the name of the state of incorporation; and
(d)If a sole proprietorship, the full name of the sole proprietor and the name of the business entity;
(6)A list of all licenses and permits issued to the applicant by any other state that authorizes the applicant to purchase or possess prescription drugs;
(7)The name of the applicant's designated representative for the facility, together with the personal information statement and fingerprints, required pursuant to subdivision (8) for such person;
(8)Each person required by subdivision (7) to provide a personal information statement and fingerprints, if required, shall provide the following information to the board:
(a)The person's places of residence for the past seven years;
(b)The person's date and place of birth;
(c)The person's occupations, positions of employment, and offices held during the past seven years;
(d)The principal business and address of any business, corporation, or other organization in which each such office of the person was held or in which each such occupation or position of employment was carried on;
(e)Whether the person has been, during the past seven years, the subject of any proceeding for the revocation of any license or any criminal violation and, if so, the nature of the proceeding and the disposition of the proceeding;
(f)Whether, during the past seven years, the person has been enjoined, either temporarily or permanently, by a court of competent jurisdiction from violating any federal or state law regulating the possession, control, or distribution of prescription drugs or had any criminal violations of such laws, together with details concerning any such event;
(g)A description of any involvement by the person with any business, including any investments, other than the ownership of stock in a publicly traded company or mutual fund, during the past seven years, which manufactured, administered, prescribed, distributed, or stored pharmaceutical products and any lawsuits in which such businesses were named as a party;
(h)A description of any misdemeanor or felony criminal offense of which the person, as an adult, was found guilty, regardless of whether adjudication of guilt was withheld or whether the person pled guilty or nolo contendere. If the person indicates that a criminal conviction is under appeal and submits a copy of the notice of appeal of that criminal offense, the applicant shall, within fifteen days after the disposition of the appeal, submit to the board a copy of the final written order of disposition; and
(i)A photograph of the person taken in the previous one hundred eighty days.

The information required pursuant to this section shall be provided under oath.

Source: SL 2007, ch 215, §10.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 11A - Wholesale Drug Distributors

Section 36-11A-1 - Definitions.

Section 36-11A-1.1 - Trading partner defined.

Section 36-11A-1.2 - Transaction defined.

Section 36-11A-1.3 - Transaction information defined.

Section 36-11A-1.4 - Transaction statement defined.

Section 36-11A-2 - Distribution defined.

Section 36-11A-4 - Pharmacy distributor defined.

Section 36-11A-4.1 - License required for wholesale distributors, outsourcing facilities, and third-party logistics providers.

Section 36-11A-4.2 - Prior registration and inspection by FDA required for certain outsourcing facilities.

Section 36-11A-5 - Purchase of drug from other source restricted--Penalty.

Section 36-11A-6 - Drug sample or drug coupon--Sale, purchase, trade or counterfeit prohibited--Distribution restricted--Penalty.

Section 36-11A-7 - Wholesale distribution without license prohibited--License unnecessary for agent or employee of licensed distributor--Violation as felony.

Section 36-11A-8 - Application for license.

Section 36-11A-9 - Separate license required for each facility owned or operated by same business entity.

Section 36-11A-10 - Temporary licenses.

Section 36-11A-11 - Out-of-state distributor--License--Application--Violation as felony.

Section 36-11A-12 - Approval or denial of application or renewal--Appeal.

Section 36-11A-13 - Expiration and renewal of license.

Section 36-11A-14 - Promulgation of rules.

Section 36-11A-16 - Inspection--Exemption--Penalty.

Section 36-11A-17 - Records--Availability.

Section 36-11A-18 - Limitations on state board of pharmacy.

Section 36-11A-19 - Complaints--Procedure.

Section 36-11A-20 - Authorized distributor of record defined.

Section 36-11A-21 - Drop shipment defined.

Section 36-11A-22 - Manufacturer's exclusive distributor defined.

Section 36-11A-23 - Normal distribution channel defined.

Section 36-11A-24 - Third party logistics provider defined.

Section 36-11A-25 - Wholesale distributor defined.

Section 36-11A-27 - Wholesale distributor license required--Exemptions.

Section 36-11A-28 - Information to be provided by applicants.

Section 36-11A-29 - Inspection of facility--Qualifications of designated representative.

Section 36-11A-30 - Criminal record check.

Section 36-11A-31 - Bond or other security required--Purpose--Exemption--License required for each facility.

Section 36-11A-32 - Changes or corrections to required information--Suspension or revocation of license.

Section 36-11A-33 - Continuing training of designated representative--Confidentiality of information.

Section 36-11A-34 - Returns or exchanges of prescription drugs.

Section 36-11A-35 - Verification that entity to which prescription drugs are to be furnished is licensed.

Section 36-11A-36 - Delivery of prescription drugs only to licensed premises--Exception.

Section 36-11A-37 - Receipt to be signed by authorized hospital pharmacy receiving personnel--Reporting of discrepancies.

Section 36-11A-38 - Accounts for purchase of prescription drugs.

Section 36-11A-41 - Confirmation of receipt of transaction information, transaction history, and transaction statement.

Section 36-11A-44 - Retention of transaction files--Inspection.

Section 36-11A-45 - Cease and desist order for violation--Hearing.

Section 36-11A-46 - Prohibited acts--Misdemeanor or felony.