South Dakota Codified Laws
Chapter 11A - Wholesale Drug Distributors
Section 36-11A-31 - Bond or other security required--Purpose--Exemption--License required for each facility.

36-11A-31. Bond or other security required--Purpose--Exemption--License required for each facility.
The board shall require every wholesale distributor applying for a license to submit a bond of at least one hundred thousand dollars, or other equivalent means of security acceptable to the board, such as an irrevocable letter of credit or a deposit in a trust account or financial institution, payable to a fund established by the board. The board shall establish a fund, separate from its other accounts, in which to deposit the wholesale distributor bonds. Any chain pharmacy warehouse that is not engaged in wholesale distribution is exempt from the bond requirement. The purpose of the bond is to secure payment of any fines or penalties imposed by the board and any fees and costs incurred by the board regarding that license, which are authorized pursuant to statute and which the licensee fails to pay thirty days after the fines, penalties, or costs become final. The board may make a claim against such bond or security until one year after the licensee's license ceases to be valid. A single bond may suffice to cover all facilities operated by the applicant in the state.
If a wholesale distributor distributes prescription drugs from more than one facility, the wholesale distributor shall obtain a license for each facility.

Source: SL 2007, ch 215, ยง13.

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.