South Dakota Codified Laws
Chapter 11A - Wholesale Drug Distributors
Section 36-11A-29 - Inspection of facility--Qualifications of designated representative.

36-11A-29. Inspection of facility--Qualifications of designated representative.
The board may not issue a wholesale distributor license to an applicant, unless the board or a nationally recognized accreditation program approved by the board:
(1)Conducts a physical inspection of the facility at the address provided by the applicant as required in subdivision 36-11A-28(1); and
(2)Determines that the designated representative meets the following qualifications:
(a)Is at least twenty-one years of age;
(b)Has been employed full time for at least three years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and recordkeeping relating to, prescription drugs;
(c)Is employed by the applicant full time in a managerial level position;
(d)Is actively involved in and aware of the actual daily operation of the wholesale distributor;
(e)Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including sick leave and vacation leave;
(f)Is serving in the capacity of a designated representative for only one applicant at a time, except where more than one licensed wholesale distributor is co-located in the same facility and such wholesale distributors are members of an affiliated group, as defined in Section 1504 of the Internal Revenue Code;
(g)Does not have any convictions under any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and
(h)Does not have any felony convictions under federal or state laws.

Source: SL 2007, ch 215, §11.

Structure South Dakota Codified Laws