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26.361.20 101st Legislative Session 14
2026 South Dakota Legislature
Senate Bill 14
ENROLLED
AN ACT
ENTITLED An Act to modify provisions related to the practice of pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-11-2 be AMENDED:
36-11-2. Terms used in this chapter mean:
(1) "Biological product," as defined in 42 U.S.C. § 262(i), (January 1, 2018);
(2) "Board," the State Board of Pharmacy;
(3) "Brand name," the proprietary or registered trademark name given to a drug
product by its manufacturer, labeler, or distributor and placed on the drug or on
its container, label, or wrapping at the time of packaging;
(4) "Compounding," the preparation, mixing, assembling, packaging, or labeling of a
drug or drug device, as the result of a practitioner's prescription drug order or an
initiative based on the pharmacist, patient, and practitioner relationship in the
course of professional practice, or for the purpose of or as an incident to research,
teaching, or chemical analysis, and not for sale or dispensing. The term also
includes the preparation of drug or drug devices in anticipation of prescription drug
orders based on routine, regularly observed prescribing patterns;
(5) "Delivery," the actual, constructive, or attempted transfer of a drug or drug device
from one person to another, whether or not for a consideration;
(6) "Dispensing," the preparation and delivery of a drug to a patient or a patient's
agent pursuant to a prescription drug order in a suitable container with appropriate
labeling for subsequent administration to or use by a patient. The term includes
preparation of labels for drug devices if the labeling is related to the dosage and
administration of drugs;
(7) "Distributing," the delivery of a drug or drug device other than by administration
or dispensing;
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(8) "Drug administration," the direct application of a drug or drug device by injection,
inhalation, ingestion, or any other means to the body of a patient or research
subject;
(9) "Drug device," equipment, a process, a biotechnological entity, a diagnostic agent,
or other product used in combination with a drug to provide effective management
of medication regimens;
(10) "Equivalent drug product," a drug product, other than a biological product, that is
considered to be therapeutically equivalent to other pharmaceutically equivalent
products as determined by the edition of Approved Drug Products with Therapeutic
Equivalence Evaluations adopted by the board through rules promulgated pursuant
to chapter 1-26;
(11) "Interchangeable biological product," a biological product that the United States
Food and Drug Administration either has licensed and determined meets the
standards for interchangeability pursuant to 42 U.S.C. § 262(k)(4), (January 1,
2018), or has determined is therapeutically equivalent, as set forth in the edition
of Approved Drug Products with Therapeutic Equivalence Evaluations as adopted
by the board through rules promulgated pursuant to chapter 1-26;
(12) "Labeling," the process of preparing and affixing a label to any drug or drug device
container exclusive of the labeling by the manufacturer, packer, or distributor of a
nonprescription drug or commercially packaged legend drug or drug device;
(13) "Medicines," drugs or chemicals, or their preparations, in suitable form for the
prevention, relief, or cure of diseases when used either internally or externally by
man or for animals;
(14) "Nonprescription drugs," drugs that are labeled for use by the general public in
accordance with 21 U.S.C. § 352 (January 1, 2025), and may be sold without a
prescription drug order in accordance with 21 U.S.C. § 353 (January 1, 2025). The
term does not include drugs that are required by federal law to bear the statement
"Caution: federal law prohibits dispensing without prescription," drugs intended for
human use by hypodermic injection, or animal remedies regulated by chapter 39-
18;
(15) "Patient counseling," oral communication by the pharmacist of information to the
patient or caregiver to improve therapy by ensuring proper use of drugs and drug
devices;
(16) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient
care services intended to achieve outcomes related to curing or preventing a
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disease, eliminating or reducing a patient's symptoms, or arresting or slowing a
disease process;
(17) "Pharmacist," a person licensed by the board to engage in the practice of
pharmacy;
(18) "Pharmacist-in-charge," a pharmacist designated by a pharmacy owner to assume
full legal responsibility for all professional and facility operations;
(19) "Pharmacy," any place of business within or outside this state where drugs are
dispensed and pharmaceutical care is provided to residents of this state;
(20) "Practitioner," a person licensed, registered, or otherwise authorized by the
jurisdiction in which the person is practicing to prescribe drugs in the course of
professional practice;
(21) "Prescription drug order," a written or oral order of a practitioner for a drug or drug
device for a specific patient;
(22) "Proper name," the nonproprietary name for a biological product designated by the
United States Food and Drug Administration license for use upon each package of
the product; and
(23) "Registered pharmacy technician," a person registered by the board who is
employed by a pharmacy to assist pharmacists in the practice of pharmacy by
performing specific tasks delegated by and under the immediate personal
supervision and control of a pharmacist, as permitted by the board.
Section 2. That § 36-11-11 be AMENDED:
36-11-11. The Board of Pharmacy shall promulgate rules pursuant to chapter 1-
26:
(1) Pertaining to the practice of pharmacy;
(2) Relating to the sanitation of persons and establishments licensed under the
provisions of this chapter;
(3) Pertaining to establishments licensed under the provisions of this chapter wherein
any drug is compounded, prepared, dispensed, or sold;
(4) Providing for minimum equipment and standards of establishments licensed under
the provisions of this chapter;
(5) Pertaining to the sale of drugs by or through any mechanical device;
(6) In cooperation with other governmental agencies where there exists a joint
responsibility for protecting the public health and welfare;
(7) Pertaining to the sale of nonprescription drugs;
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(8) To adopt publications or supplements thereto, as deemed necessary to describe
the drugs, medicines, prescription drugs, or dispensing physician;
(9) Pertaining to the posting of prescription prices on the premises of a pharmacy
department to provide consumers with comparative pricing information;
(10) Pertaining to the registration of drug wholesalers and manufacturers;
(11) Pertaining to home health care and service;
(12) Pertaining to computerized pharmacy;
(13) Pertaining to the registration of registered pharmacy technicians; an annual
registration fee not to exceed thirty dollars; and tasks that may not be delegated
by a licensed pharmacist to a registered technician;
(14) Pertaining to the redispensing of pharmaceuticals;
(15) Pertaining to the dispensing of biological products; and
(16) Pertaining to remote drop sites, as authorized in section 10 of this Act.
Section 3. That § 36-11-32 be AMENDED:
36-11-32. The board may issue a pharmacy license only to:
(1) A pharmacist who is the owner, or part owner, of the merchandise and fixtures of
the place of business for which the pharmacy license is applied for, provided:
(a) The pharmacist will serve as the pharmacist-in-charge; or
(b) The pharmacist has submitted an affidavit, on a form prescribed by the
board, delegating complete responsibility for the pharmaceutical services in
the place of business to another pharmacist-in-charge; or
(2) A non-pharmacist owner of the merchandise and fixtures of the place of business
for which the pharmacy license is applied for, provided the owner has submitted
an affidavit on a form prescribed by the board delegating complete responsibility
for the pharmaceutical services in the place of business to a pharmacist-in-charge.
The applicant for the pharmacy license shall submit a form prescribed by the board
and pay a fee, not to exceed two hundred dollars, set by the board in rules promulgated
in accordance with chapter 1-26.
Section 4. That § 36-11-33 be AMENDED:
36-11-33. The board may issue a license to operate a part -time pharmacy in a
hospital, nursing facility, or related facility, provided that the pharmacy services are
limited to inpatients or residents of the facility.
The board may issue a license under this section if:
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(1) The owner of the proposed pharmacy submits a form prescribed by the board and
pays a fee, not to exceed two hundred dollars, set by the board in rules
promulgated in accordance with chapter 1-26; and
(2) The owner:
(a) Is a pharmacist and will serve as the pharmacist-in-charge; or
(b) Submits an affidavit, on a form prescribed by the board, delegating
complete responsibility for the pharmaceutical services in the proposed
pharmacy to a pharmacist-in-charge.
The pharmacist-in-charge must ensure all staff comply with the provisions of this
chapter and with minimum standards, as established by the board in rules promulgated
pursuant to chapter 1-26.
Section 5. That § 36-11-35 be AMENDED:
36-11-35. Each pharmacy license expires on June thirtieth following the date of
issuance. To renew a pharmacy license, the owner must submit a renewal application on
or before June thirtieth on a form prescribed by the board, and pay the renewal fee set
by the board in rules promulgated in accordance with chapter 1-26, but not exceeding two
hundred dollars. If the renewal application and fee is submitted after the expiration of the
license, the board must assess a fifty-dollar late fee and may reinstate the license.
If a majority ownership of the pharmacy changes, the new owners must, within
thirty days after ownership change:
(1) Submit the renewal application, indicating the change of ownership; and
(2) Pay the renewal fee established by the board as provided in this section.
Section 6. That § 36-11-37 be AMENDED:
36-11-37. A pharmacy owner may change the designation of the pharmacist -in-
charge, provided an application for the change is made upon a form prescribed by the
board and upon payment of a fifty dollar fee. The application must be filed with the board
not more than ten days after the change of active management is made. If the application
is received by the board after ten days, the pharmacy license is void, and the owner must
reapply for the license.
When a change in the designation of a pharmacist -in-charge occurs, an on -hand
inventory of controlled substances, as listed in chapter 34-20B, must be completed. The
inventory must be taken on the date the new pharmacist -in-charge assumes active
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management of the pharmacy. The inventory list must be retained in the pharmacy for
two years from the date of the inventory.
Section 7. That § 36-11-38 be AMENDED:
36-11-38. In the event of the death of the pharmacist -in-charge, the pharmacy
license issued under this chapter shall, within one hundred twenty days after the date of
death or on June thirtieth, whichever is sooner, become null and void, unless the
designation of the pharmacist-in-charge is changed as provided in § 36-11-37.
Section 8. That § 36-11-44 be AMENDED:
36-11-44. Any pharmacist who permits the compounding or dispensing of
prescriptions or the vending of drugs in the pharmacist's place of business, except under
the personal supervision of a pharmacist, or any pharmacist who, while continuing in
business, makes any false representations to procure a license for the pharmacist or any
other person, is guilty of a Class 2 misdemeanor.
The delivery of a drug or drug device to a patient outside of a pharmacy by courier,
mail, or remote drop site is not considered a violation of this chapter, if done so under the
supervision of a pharmacist in a licensed pharmacy.
Section 9. That § 36-11-48 be AMENDED:
36-11-48. The board may suspend or revoke, in accordance with chapter 1-26,
any pharmacy license issued under this chapter on the following grounds:
(1) The license was obtained by false representations made in the application therefor;
(2) The pharmacy for which the license was issued was kept open for the transaction
of business without a pharmacist-in-charge;
(3) Conviction of a violation of any law of this state or of the United States pertaining
to the drug business or for the aiding or abetting in the violation of the law;
(4) The active management of the pharmacy was changed without the change in
designation of the pharmacist-in-charge, as provided in § 36-11-37;
(5) The location of the pharmacy was changed without the change being reported as
provided in § 36-11-39;
(6) The pharmacy was kept open for the transaction of business after the pharmacist
owner ceased to be in active management of the pharmacy, without a change in
designation of the pharmacist-in-charge, as provided in § 36-11-37;
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(7) The minimum requirements of this chapter and the board are no longer met; or
(8) The majority ownership of the pharmacy changed without the change being
reported as provided in § 36-11-35.
A pharmacy license may not be suspended or revoked except by a vote of three or
more members of the board.
Section 10. That a NEW SECTION be added to chapter 36-11:
A licensed pharmacy may utilize a remote drop site to deliver prescription drugs to
patients if:
(1) The remote drop site is under the supervision of the pharmacist-in-charge; and
(2) The prescription drugs are prepared by, and remain under the control of, the
pharmacy.
A remote drop site is not required to be separately licensed as a pharmacy.
Section 11. That § 36-11-34 be REPEALED.
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An Act to modify provisions related to the practice of pharmacy.
I certify that the attached Act originated in
the:
Senate as Bill No. 14
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 14
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State