44:58:06:02.  Events causing automatic suspension of registration. The registration of a person is automatically suspended if the person fails to maintain the person's professional license, fails to maintain DEA registration in South Dakota, discontinues professional practice within South Dakota, or changes name or address without notifying the secretary.

          Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 34-20B-41.

          Law Implemented:SDCL 34-20B-29, 34-20B-41.

          44:58:06:02.01.  Voluntary surrender and reinstatement of registration. A registrant may voluntarily surrender the registration to prescribe controlled substances. If the surrender is made because the registrant is incapacitated, retires, or moves out of South Dakota, the registrant may apply for a new registration at any time.

          If the surrender is due to alleged failure to comply with the provisions of SDCL 34-20B or 22-42 or both, the following requirements apply:

          (1)  The surrender shall be for a specific length of time;

          (2)  The surrender statement shall specify the schedule or schedules which are involved;

          (3)  The registrant may not reapply for Schedule IV prescribing privileges until at least one-half of the specified time has passed;

          (4)  The registrant may not reapply for Schedule III prescribing privileges until at least five-eighths of the specified time has passed;

          (5)  The registrant may not reapply for Schedule II prescribing privileges until at least three-fourths of the specified time has passed;

          (6)  All applicants for reinstatement must be approved by the secretary;

          (7)  The applicant for reinstatement must demonstrate, through written or oral examination, a knowledge of the pharmacology and law related to the controlled substances for which the applicant is requesting prescribing privileges. The examination shall be prepared and given by at least three and no more than five health care professionals knowledgeable in the areas to be tested; and

          (8)  The final decision for reinstatement rests with the secretary.

          Source: 6 SDR 93, effective July 1, 1980; 11 SDR 36, effective September 11, 1984; 21 SDR 14, effective August 4, 1994; 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 34-20B-41.

          Law Implemented:SDCL 34-20B-29, 34-20B-41.