CHAPTER 44:58:08
PRESCRIPTIONS
Section
44:58:08:01 and 44:58:08:02 Repealed.
44:58:08:03 Prescription prohibited for general dispensing supply.
44:58:08:04 Prescription prohibited for continuing dependence on drug.
44:58:08:05 Manner of issuance of prescriptions.
44:58:08:06 to 44:58:08:09 Repealed.
44:58:08:09.01 Dispensing controlled substances for maintenance purposes.
44:58:08:10 and 44:58:08:11 Repealed.
44:58:08:11.01 Direct administering or dispensing of controlled substances.
44:58:08:12 Repealed.
44:58:08:13 Requirements for oral authorization of Schedule II substances in emergencies.
44:58:08:14 to 44:58:08:16 Repealed.
44:58:08:17 Refilling of Schedule III and IV prescriptions -- Computerized information system authorized.
44:58:08:17.01 Refilling of Schedule II prescriptions prohibited.
44:58:08:18 Partial filling of prescriptions for Schedule II substances.
44:58:08:18.01 Partial filling of prescriptions for Schedule II substances for nursing facility or terminally ill patients.
44:58:08:18.02 Computerized system authorized for Schedule II prescription information for nursing facility or terminally ill patients.
44:58:08:18.03 Facsimile transmission of Schedule II prescriptions.
44:58:08:19 Repealed.
44:58:08:20 Labeling of prescriptions for controlled substances.
44:58:08:21 and 44:58:08:22 Repealed.
44:58:08:23 Dispensing placebo drugs.
44:58:08:01. Persons entitled to issue prescriptions.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:02. Purpose of issuance of prescription.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:03. Prescription prohibited for general dispensing supply. A prescription may not be issued by an individual practitioner to obtain controlled substances for general dispensing to patients.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 25 SDR 48, effective October 1, 1998.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
44:58:08:04. Prescription prohibited for continuing dependence on drug. A prescription may not be issued for a controlled substance nor may a controlled substance be dispensed or administered to a drug dependent person for the purpose of continuing the person's dependency.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
44:58:08:05. Manner of issuance of prescriptions. No practitioner may issue a prescription for a controlled substance for the practitioner's use. Prescriptions for controlled substances must be dated and signed on the day when issued and must bear the full name and address of the patient; the drug name, strength, dosage form, quantity prescribed, and directions for use; and the name, address, and registration number of the practitioner. A practitioner shall sign a prescription in the same manner as the practitioner would sign a legal document. If an oral order is not permitted, prescriptions must be written with ink, indelible pencil, or typewriter and must be manually signed by the practitioner. The prescriptions may be prepared by a secretary or agent for the signature of a practitioner, but the prescribing practitioner is responsible if the prescription does not conform in all essential respects to the law and this article. A liability rests upon the pharmacist who fills a prescription not prepared in the form prescribed in this article. Prescriptions for Schedule III and IV controlled substances may be transmitted directly from the individual practitioner to the pharmacy by facsimile equipment.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 18 SDR 181, effective May 4, 1992; 21 SDR 219, effective June 27, 1995; 25 SDR 48, effective October 1, 1998.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
44:58:08:06. When hospital code number required in lieu of registration number.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:07. When service identification number required in lieu of registration number.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:08. Persons entitled to fill prescriptions.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:09. Dispensing of narcotic drugs for narcotic rehabilitation program authorized.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:09.01. Dispensing controlled substances for maintenance purposes. The administering or dispensing directly of a controlled substance listed in any schedule to a drug dependent person for the purpose of controlled withdrawal while in treatment in a drug treatment or rehabilitation program must be within the meaning of the term, "in the course of professional practice or research".
Source: 6 SDR 93, effective July 1, 1980.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
44:58:08:10. Dispensing of Schedule II substances by pharmacists.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:11. Direct administering or dispensing of Schedule II substances by practitioner.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:11.01. Direct administering or dispensing of controlled substances. An individual practitioner, in the course of professional practice only, may directly administer or dispense a controlled substance without a prescription to other persons. An individual practitioner or institutional practitioner may not order a controlled substance for direct administration or dispense a controlled substance, including any controlled substance sample, for the practitioner's use.
Source: 6 SDR 93, effective July 1, 1980; 25 SDR 48, effective October 1, 1998.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-30, 34-20B-41.
44:58:08:12. Direct administering or dispensing of Schedule II substances by institutional practitioner.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:13. Requirements for oral authorization of Schedule II substances in emergencies. In an emergency situation, as defined in SDCL 22-42-2.2, a pharmacist may dispense a controlled substance listed in Schedule II upon receiving oral authorization of an individual practitioner, if:
(1) The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period;
(2) The prescription is immediately reduced to writing by the pharmacist and contains all information required in § 44:58:08:05 except for the signature of the prescribing individual practitioner;
(3) The practitioner is not known to the pharmacist, the pharmacist must make a reasonable effort to determine that the oral authorization came from a registered individual practitioner by returning the prescriber's call using the phone number listed in the telephone directory or through other good faith efforts to assure the practitioner's identity; and
(4) Within seven days after authorizing an emergency oral prescription the individual practitioner shall supply the pharmacy with a written prescription for the emergency quantity prescribed. In addition to conforming to the requirements of § 44:58:08:05, the prescription shall have written on its face "Authorization for Emergency Dispensing," and the date of the oral order. Upon receipt, the dispensing pharmacist shall attach this prescription to the oral emergency prescription which had earlier been reduced to writing. If the emergency prescription is sent by mail, the carrier envelope must be postmarked within the seven days. The pharmacist shall notify the department if the prescribing practitioner fails to deliver a written prescription within seven days. Failure to notify the department voids the authority to dispense the controlled substance without a written prescription.
Source: 1 SDR 30, effective October 6, 1974; 6 SDR 93, effective July 1, 1980; 25 SDR 48, effective October 1, 1998.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-2.1, 22-42-2.2.
44:58:08:14. Dispensing of Schedule III and IV substances by pharmacists.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:15. Direct administering or dispensing of Schedule III or IV substances by practitioner.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:16. Direct administering or dispensing of Schedule III and IV substances by institutional practitioner.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:17. Refilling of Schedule III and IV prescriptions -- Computerized information system authorized. A prescription for a Schedule III or IV drug or substance may be refilled up to five times within a six-month period if the refills are authorized by the practitioner on the original prescription. Each refill dispensed shall be entered on the prescription or on a patient medication record which indicates the date, quantity dispensed, and initials or name of the dispensing pharmacist. If the pharmacist merely initials and dates the prescription, the pharmacist is assumed to have dispensed a refill for the full face amount of the prescription. Additional quantities of controlled substances listed in Schedule III or IV may only be authorized by a practitioner through issuance of a new prescription.
As an alternative to the record procedures required by this section, an automated data processing system that complies with chapter 20:51:20 may be used for the storage and retrieval of refill information for prescription orders for controlled substances in Schedules III and IV.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980; 11 SDR 36, effective September 11, 1984; 18 SDR 181, effective May 4, 1992.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-4.1, 22-42-4.2, 34-20B-41.
Cross-Reference: Computer pharmacy, ch 20:51:20.
44:58:08:17.01. Refilling of Schedule II prescriptions prohibited. No prescription for a Schedule II drug or substance may be refilled.
Source: 11 SDR 36, effective September 11, 1984.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-2.1, 22-42-2.2, 34-20B-41.
44:58:08:18. Partial filling of prescriptions for Schedule II substances. A pharmacist may partially fill a prescription for a controlled substance listed in Schedule II, if unable to supply the full quantity called for in a written or emergency oral prescription, and a notation of the quantity supplied is made on the face of the prescription. The remaining portion of the prescription may be filled within 72 hours of the partial filling; however, if the remaining portion is not filled within the 72-hour period, the pharmacist shall notify the practitioner. No further quantity may be supplied beyond 72 hours without a new prescription.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-2.1, 22-42-2.2, 34-20B-41.
44:58:08:18.01. Partial filling of prescriptions for Schedule II substances for nursing facility or terminally ill patients. Notwithstanding the provisions of § 44:58:08:18, a pharmacist may partially fill a prescription for a substance listed in Schedule II written for a patient in a nursing facility or for a patient with a medical diagnosis documenting a terminal illness. The pharmacist shall record on the prescription whether the patient is "terminally ill" or a "nursing facility patient." For each partial filling, the pharmacist shall record on the back of the prescription the date of the partial filling, the quantity dispensed, the remaining quantity authorized to be dispensed, and the identification of the dispensing pharmacist. Before any subsequent partial filling the pharmacist shall determine that the additional partial filling is necessary. The total quantity of the Schedule II controlled substance dispensed in all partial fillings may not exceed the total quantity prescribed. The prescription is valid for not more than 60 days from the date of issue unless it is terminated sooner by the discontinuance of medication.
Source: 18 SDR 181, effective May 4, 1992; 21 SDR 219, effective June 27, 1995.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-2.1, 22-42-2.2, 34-20B-41.
44:58:08:18.02. Computerized system authorized for Schedule II prescription information for nursing facility or terminally ill patients. Information pertaining to current Schedule II prescriptions for patients in a nursing facility or for patients with a medical diagnosis documenting a terminal illness may be maintained in an automated data processing system if the system has the capability to permit the following:
(1) Output, either display or printout, of the original prescription, number, date of issue, identification of the prescribing individual practitioner, identification of the patient, address of the nursing facility or hospital or the residence of the patient, identification of medication authorized (including dosage, form, strength, and quantity), a list of the partial fillings that have been dispensed under each prescription, and the information required in §44:58:08:18.01;
(2) Immediate updating of the prescription record each time a partial filling of the prescription is made; and
(3) Retrieval of partially filled Schedule II prescription information as required by chapter 20:51:20.
Source: 18 SDR 181, effective May 4, 1992; 21 SDR 219, effective June 27, 1995.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
Cross-Reference: Computer pharmacy, ch 20:51:20.
44:58:08:18.03. Facsimile transmission of Schedule II prescriptions. A written prescription for a Schedule II controlled substance may be transmitted from the individual prescribing practitioner to a pharmacy by facsimile equipment, if the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance. The original prescription must be maintained as required in § 44:58:07:04.
Schedule II controlled substance prescriptions intended for direct administration to a patient by parenteral, intravenous, subcutaneous, or intraspinal infusion may be transmitted by facsimile. The facsimile prescription serves as the original prescription and shall be maintained as required in § 44:58:07:04. Schedule II controlled substance prescriptions for residents of long-term care facilities or patients residing in a Medicare certified hospice may be transmitted directly from the prescribing practitioner to the pharmacy by facsimile equipment. The facsimile prescription serves as the original prescription and must be maintained as required in § 44:58:07:04. The facsimile prescription must be marked on the face with the notation "long term care resident" or "hospice patient."
Source: 21 SDR 219, effective June 27, 1995; 25 SDR 48, effective October 1, 1998.
General Authority: SDCL 34-20B-41.
Law Implemented: SDCL 34-20B-41.
44:58:08:19. Partial filling of prescriptions for Schedule III and IV substances.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:20. Labeling of prescriptions for controlled substances. The pharmacist filling any prescription for a controlled substance listed in Schedules II, III or IV shall attach to the container a label showing the date, the pharmacy name and address, the serial number of the prescription, the name of the patient, the name of the prescribing practitioner, directions for use and cautionary statements contained in the prescription or required by law. Controlled substances dispensed by an individual practitioner must be labeled with the name of the patient, the name of the practitioner, directions for use, the date, and any required cautionary statements.
Source: 1 SDR 30, effective October 7, 1974; 6 SDR 93, effective July 1, 1980.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 34-20B-41.
44:58:08:21. Filing of prescriptions required.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:22. Dispensing of Schedule III and IV substances without prescription prohibited.Repealed.
Source: 1 SDR 30, effective October 7, 1974; repealed, 6 SDR 93, effective July 1, 1980.
44:58:08:23. Dispensing placebo drugs. The dispensing or prescribing of placebo or look-alike drugs by an individual practitioner is within the meaning of the term "in the course of professional practice or research".
Source: 11 SDR 36, effective September 11, 1984.
General Authority:SDCL 34-20B-41.
Law Implemented:SDCL 22-42-16, 34-20B-41.
