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22-42-2.2Oral prescription permitted for Schedule II substance under specified conditions.

Notwithstanding § 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that:

(1)    Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;

(2)    No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and

(3)    It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with § 34-20B-39.

Source: SL 1970, ch 229, § 9 (k); SDCL Supp, § 39-17-83; SL 1977, ch 189, § 81.

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