South Dakota Codified Laws
Chapter 11A - Wholesale Drug Distributors
Section 36-11A-38 - Accounts for purchase of prescription drugs.

36-11A-38. Accounts for purchase of prescription drugs.
A manufacturer or wholesale distributor may not accept payment for, or allow the use of, a person or entity's credit to establish an account for the purchase of prescription drugs from any person other than the owner of record, the chief executive officer, or the chief financial officer listed on the license of a person or entity legally authorized to receive prescription drugs. Any account established for the purchase of prescription drugs must bear the name of the licensee.

Source: SL 2007, ch 215, ยง20.

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.