CHAPTER 44:58:02

REQUIREMENTS OF REGISTRATION

Section

44:58:02:01 to 44:58:02:19    Repealed.

44:58:02:20                           Activities requiring separate registration.

44:58:02:21                           Activities covered by single registration.

44:58:02:22                           Waiver of registration.

44:58:02:23                           Compliancy requirements.

          44:58:02:01.  Persons required to register.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:02.  Activities deemed to be independent.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:03.  Separate registration required for each independent activity.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:04.  Manufacturers of basic class authorized to distribute.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:05.  Manufacturers of substances in Schedules II through IV authorized to analyze and research.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, repealed July 1, 1980.

          44:58:02:06.  Researchers of substances in Schedule I -- Limited manufacturing and research authorized.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:07.  Persons making chemical analysis -- Limited activities authorized.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:08.  Researchers of substances in Schedules II through IV -- Other activities authorized.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:09.  Persons dispensing or conducting research with substances in Schedules II through IV -- Authorized to conduct instructional activities.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:10.  Single registration for activity with more than one substance.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:11.  Separate registration required for separate locations.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:12.  Locations exempt from registration.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:13.  Agents and employees exempt from registration.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:14.  Affiliated practitioners exempt from registration.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:15.  Intern, resident, or foreign physician covered by employer's registration.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:16.  Law enforcement officials exempt from registration.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:17.  Law enforcement agency laboratories required to register -- Employees exempt.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:18.  Exemption of other federal individuals.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:19.  Exemption of employees of the division.Repealed.

          Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.

          44:58:02:20.  Activities requiring separate registration. Each of the following groups of activities is independent of the others and shall be conducted under separate registrations:

          (1)  Manufacturing and distributing controlled substances;

          (2)  Dispensing controlled substances listed in Schedule II through IV;

          (3)  Conducting research and instructional activities with controlled substances listed in Schedule II through IV;

          (4)  Conducting research and instructional activities with controlled substances listed in Schedule I; and

          (5)  Conducting chemical analysis of controlled substances listed in any schedule.

          Source: 6 SDR 93, effective July 1, 1980.

          General Authority:SDCL 34-20B-41.

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

          44:58:02:21.  Activities covered by single registration. Each of the following groups of activities may be conducted under a single registration:

          (1)  A person registered to manufacture controlled substances listed in Schedules II through IV is also authorized to conduct chemical analysis and research with controlled substances listed in the schedules which the person is authorized to manufacture;

          (2)  A practitioner registered to prescribe or dispense controlled substances listed in Schedules II through IV is also authorized to conduct instructional activities with those substances. The person is authorized to distribute up to five percent of those controlled substances to other persons registered to prescribe, dispense, or distribute controlled substances;

          (3)  A person registered or authorized to conduct research with controlled substances listed in Schedules II through IV is also authorized to conduct chemical analysis with substances listed in the schedules with which the person is authorized to conduct research; to manufacture the substances set forth in the statement filed with the person's application for registration; to distribute the substances to other persons registered or authorized to conduct chemical analysis, research or instructional activities with the substances; and to conduct instructional activities with controlled substances;

          (4)  A person registered to conduct research with controlled substances listed in Schedule I is also authorized to manufacture the substances set forth in the research protocol filed with the person's application for registration. The person is also authorized to distribute the substances to other persons registered to conduct research with Schedule I substances; and

          (5)  A person registered to conduct chemical analysis with controlled substances is also authorized to manufacture and import such substances for analytical or instructional purposes; to distribute such substances to other persons registered to conduct chemical analysis, research or instructional activities with the substances; and to conduct instructional activities with controlled substances.

          Source: 6 SDR 93, effective July 1, 1980.

          General Authority:SDCL 34-20B-41.

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

          44:58:02:22.  Waiver of registration. Registration is not required for the following persons in the circumstances described:

          (1)  An individual practitioner who is an agent of another practitioner registered to dispense controlled substances who, when acting in the usual course of employment, administers and dispenses but does not prescribe a controlled substance if permitted to do so by the jurisdiction in which the individual practices;

          (2)  An institutional practitioner who dispenses, administers, and prescribes controlled substances under the registration of the hospital or other institution by which the practitioner is employed, provided the following requirements are met:

               (a)  The dispensing, administering, or prescribing is done in the usual course of professional practice;

               (b)  The employing hospital or other institution authorizes the practitioner to dispense, administer, or prescribe under its registration and designates a specific method for identifying an individual so authorized; and

               (c)  A current list of the institutional practitioners is kept by the hospital or other institution and is made available to the public upon request for the purpose of verifying the authority of the prescribing institutional practitioner;

          (3)  An officer or employee of the United States Drug Enforcement Administration, United States Bureau of Customs, or the United States Food and Drug Administration or any other federal officer who is lawfully engaged in the enforcement of any federal law relating to controlled substances, drugs, or customs and is authorized to possess controlled substances while engaged in the course of official duties;

          (4)  An officer or employee of a state or a political subdivision or agency of a state, who is engaged in the enforcement of a state or local law relating to controlled substances and is authorized to possess controlled substances in the course of official duties, including the following:

               (a)  Possession of a controlled substance and distribution of the substance to another official who is also exempted by this section; and

               (b)  Procurement of a controlled substance in the course of an inspection pursuant to SDCL 34-20B-40 or in the course of a criminal investigation involving the person from whom the substance was procured;

          (5)  An official of the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service who is authorized to prescribe, dispense, or administer, but not to procure or purchase, controlled substances in the course of official duties. Such officials shall follow the procedures set forth in chapter 44:58:08 regarding prescriptions, but shall state the branch of service or agency and use the official's service identification number in lieu of the required registration number;

          (6)  Law enforcement agency laboratory personnel when acting in the scope of their official duties under the registration of the laboratory by which they are employed. Laboratory activities do not include field or other preliminary chemical tests by officials exempted by this section; and

          (7)  An individual practitioner who holds a valid locum tenens certificate, as provided under SDCL 36-4-20.1 to 36-4-20.5, inclusive, who administers, dispenses, or prescribes controlled substances, provided the practitioner holds a valid DEA certificate and has filed an application for registration with the department.

          Source: 6 SDR 93, effective July 1, 1980; 11 SDR 36, effective September 11, 1984; 18 SDR 181, effective May 4, 1992; 21 SDR 219, effective June 27, 1995; 23 SDR 91, effective December 9, 1996.

          General Authority:SDCL 34-20B-41.

          Law Implemented:SDCL 34-20B-32.