(1) “Certified technician,” an individual described in SDCL subdivision 36-11-2(26) who has gained certification through training and examination pursuant to § 20:51:29:06;

(2) “Grandfathered technician,” an individual not requiring certification, who worked as a technician prior to July 1, 2014, and who has been continuously employed by a pharmacy since that time;

(3) "Pharmacist intern" has the definition set forth in § 20:51:02:01; and;

(4) "Technician-in-training," an individual who is registered with the board to receive on-the-job training in a licensed pharmacy in preparation for certification as a pharmacy technician. A technician-in-training must become a certified technician within two years of registration with the board.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:01. Purpose of registration. A registration program for all pharmacy technicians is established for the primary purpose of assuring the competency of registered pharmacy technicians and for purposes of identifying, tracking, and bringing disciplinary actions against pharmacy technicians.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:02. Registration required. Any person employed in South Dakota as a pharmacy technician or pharmacy technician-in-training shall obtain and maintain during the employment a current registration as a pharmacy technician or pharmacy technician-in-training pursuant to this chapter. Any person accepting employment as a pharmacy technician or pharmacy technician-in-training in South Dakota who fails to register as a pharmacy technician or pharmacy technician-in-training as required by rule may be subject to disciplinary action in accordance with § 20:51:29:27.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:03. Original application. Any person initially applying for a certificate of registration as a pharmacy technician or pharmacy technician-in-training shall submit an application to the board within thirty days of accepting employment in a South Dakota pharmacy as a pharmacy technician or pharmacy technician-in-training.

The board may issue an initial pharmacy technician registration or pharmacy technician-in-training registration to any individual who is sixteen years of age or older, and is employed by a pharmacy or is enrolled in a pharmacy technician job exploration program through the high school they are attending. An individual who was registered by the board prior to July 1, 2011, may renew the individual's registration provided all other requirements for renewal are met and the individual maintains a pharmacy technician registration or national certification on an uninterrupted basis. An individual whose registration or national certification lapses for a period of one year must meet the registration requirements in effect at the time the individual applies for reinstatement of registration.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:04. College or vocational based training program. A person who is enrolled in a college- or vocational-based technician training program shall obtain a pharmacy technician-in-training registration prior to beginning on-site practical experience. The technician-in-training program may not exceed two years' duration.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:05. Exemptions from registration. A registered pharmacy intern whose South Dakota registration is in good standing and who assists in the technician function of the practice of pharmacy is not required to register as a pharmacy technician.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13), 36-11-25.

Law Implemented: SDCL 36-11-2(26), 36-11-25.

20:51:29:06. Certification of pharmacy technicians. A pharmacy technician shall obtain national certification within two years of registration with the board. The board may not renew the registration of a pharmacy technician who was initially registered after July 1, 2011, unless the pharmacy technician is nationally certified and has passed a pharmacy technician certification examination that is accredited by the National Commission for Certifying Agencies or is in the two-year technician-in-training period.

Pharmacy technician national certification does not supplant the need for a licensed pharmacist to exercise control over the performance of a delegated function nor does national certification exempt the pharmacy technician from registration pursuant to this chapter.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:07. Registration application form--Fee. The application form for registration as a pharmacy technician must contain:

(1) The applicant's name, address, phone number, date of birth, gender, social security number, and email address;

(2) The applicant's work experience;

(3) Current and past places of employment; and

(4) A non-refundable fee.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-11(13).

20:51:29:08. Declaration of current impairment or limitations. The applicant shall declare any current use of drugs, alcohol, or other chemical substances that in any way impairs or limits the applicant's ability to perform the duties of a pharmacy technician with reasonable skill and safety.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:09. Felony or misdemeanor crimes. The applicant shall declare any history of being charged with, convicted of, or entering a plea of guilty or no contest to, a felony or misdemeanor crime other than any traffic violation with a fine under one hundred dollars.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:10. Sworn signature. The applicant shall sign and attest to the accuracy of the application under penalty of perjury and shall submit it to the board.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:11. Registration renewal. Repealed.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

20:51:29:12. Registration fee. The fee for initial registration is twenty-five dollars. The renewal fee for the registration is twenty-five dollars. Fees shall be paid at the time the new application or the renewal application is submitted.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:13. Timeliness of initial application or renewal application. An initial application may be denied if not received within the period specified in § 20:51:29:03. A renewal application may be denied if not received by the October thirty-first expiration date. Any registration not renewed before its expiration date is delinquent. An individual who continues employment as a pharmacy technician without a current registration may be subject to disciplinary actions as set forth in § 20:51:29:27.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:14. Registration certification. The pharmacy technician shall maintain a certificate of registration as a pharmacy technician. The pharmacist-in-charge of each pharmacy utilizing a pharmacy technician is responsible for verifying that any technician working in the pharmacy is registered and compliant with all rules of this chapter. Any violation by the technician may be grounds for disciplinary action against the pharmacist-in-charge.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-2.2, 36-11-34.

20:51:29:15. Notification to the board. A pharmacy technician shall, within ten days of any change in the technician's name, address, or pharmacy employment status, report that change to the board.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:16. Training and utilization of pharmacy technicians. The pharmacist-in-charge of a pharmacy shall ensure that a technician receives adequate training in the tasks performed by pharmacy technicians working at that pharmacy. A pharmacy utilizing a pharmacy technician shall develop, implement, and periodically review written policies and procedures for training and utilizing pharmacy technicians appropriate to the practice of pharmacy at that pharmacy. Each pharmacy shall specify the frequency of review in its policies. Each pharmacy shall document and maintain each technician's training for the duration of employment. The pharmacy shall make its policies and procedures and documentation of technician training available for inspection by the board.

Source: 31 SDR 35, effective September 19, 2004; 38 SDR 121, effective January 17, 2012; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:17. Identification of pharmacy technicians. A pharmacy technician shall, while on duty, wear a visible identification badge that clearly identifies the person as a pharmacy technician and includes the technician's first name.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:18. Misrepresentation prohibited. A pharmacy technician may not represent himself or herself as a pharmacist.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:19. Ratio. Up to three pharmacy technicians may be on duty in a pharmacy for every pharmacist on duty. A pharmacy intern does not count in this ratio.

Source: 31 SDR 35, effective September 19, 2004; 42 SDR 19, effective August 19, 2015; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

Cross-Reference: Number of interns, § 20:51:02:11.01.

Rule 20:51:29:19.01 Repealed.

20:51:29:19.01. Exception to ratio for mail service pharmacy. Repealed.

Source: 33 SDR 73, effective November 6, 2006; 36 SDR 21, effective August 17, 2009; repealed, 42 SDR 19, effective August 19, 2015.

20:51:29:19.02. Exception to ratio for hospital, mail order, and long-term care pharmacy. The maximum ratio of pharmacists to pharmacy technicians who may be on duty in a hospital, mail order, or long-term care pharmacy is determined by the pharmacist-in-charge. Regardless of the ratio, the following requirements must be met:

(1) Medication must be dispensed pursuant to a legal prescription;

(2) The technology must include tablet or product imaging or bar code scanning, to ensure accuracy in the prescription filling process;

(3) A role-based access software automation system that places stop points within the prescription filling process must be used, and the system must require a pharmacist's intervention before the prescription may move to the next step in the prescription dispensing process;

(4) Pharmacy software that screens and detects drug allergies, identifies drug interactions, and checks age-appropriate dosage ranges must be used;

(5) A pharmacist shall review clinically significant computer warnings of drug interactions, therapy duplications, and contraindications;

(6) Electronic surveillance technology must be used to control access or to provide continuous monitoring of all areas where drugs are stored or dispensed;

(7) All non-pharmacist personnel who input patient drug information into a computer or whose duties include receiving, packaging, or shipping of drugs; or who have access to any areas where drugs are dispensed must be registered as pharmacy technicians and meet the requirements of chapter 20:51:29;

(8) In hospital and long-term care pharmacies, nursing personnel in facilities served by the pharmacy shall have telephone access to a pharmacist twenty-four hours a day, seven days a week. In mail order pharmacies, a patient shall have access to a pharmacist twenty-four hours a day, seven days a week on a dedicated pharmacist staff line;

(9) Drug information must be readily available to pharmacists;

(10) A quality assurance program that identifies and evaluates dispensing errors, accompanied by a continuous quality improvement program that assures very high dispensing accuracy rates, must be in place;

(11) There must be written policies and procedures for all clerical, supportive, technical, and clinical pharmacy functions;

(12) There must be written policies and procedures for training personnel, including ongoing training programs for all personnel and documentation of that training for each employee; and

(13) There must be a monitoring program designed to prevent diversion of controlled substances. This includes perpetual inventory of all scheduled controlled drugs. Routine audits must be conducted to review purchases versus dispensing of controlled drugs to deter and detect diversion.

Source: 36 SDR 21, effective August 17, 2009; 42 SDR 19, effective August 19, 2015; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-19.2, 36-11-33.

20:51:29:20. Delegation and supervision of technical functions. A pharmacist may delegate technical dispensing functions to a pharmacy technician provided the pharmacist is on site supervising the performance of the delegated functions. The pharmacist shall provide and document the final verification for the accuracy, validity, completeness, and appropriateness of the patient's prescription or medication order prior to the delivery of the medication to the patient or the patient's representative.

The physical presence requirement of the pharmacist does not apply when utilizing an automated mechanical distribution device. The technician may place medications into the automated mechanical distribution device that have been checked by the pharmacist. The pharmacist is not required to accompany the technician when placing medications into the automated mechanical distribution device. The automated mechanical distribution device must be capable of printing out a record of medications filled by the technician. The record must be checked and verified by the pharmacist daily.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(5)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-44.

20:51:29:21. Technical functions. At the discretion of the supervising pharmacist, technical functions that may be delegated to a pharmacy technician include:

(1) Performing packaging, manipulative, or repetitive tasks relating to the processing of a prescription or medication order in a licensed pharmacy;

(2) Accepting prescription refill authorization communicated to a pharmacy by a prescriber, or by the prescriber's agent. Any changes other than the number of refills on the prescription may not be accepted by a technician and must be accepted by a pharmacist or pharmacy intern;

(3) Contacting prescribers to obtain prescription refill authorization;

(4) Collecting pertinent patient information;

(5) Inspecting drug supplies provided and controlled by a South Dakota licensed pharmacy, including drug supplies maintained in an automated mechanical distribution device, emergency medical room, ambulance, long-term care facility, hospital nursing unit, or hospice facility; and

(6) Assisting the pharmacist with the preparation of medications for administration to the patient topically, by injection, or by other approved methods.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:22. Tasks a pharmacy technician may not perform. A pharmacy technician may not:

(1) Provide the final verification for the accuracy, validity, completeness, or appropriateness of a filled prescription or medication order;

(2) Conduct prospective drug use review or evaluate a patient's medication record for purposes identified in § 20:51:25:02;

(3) Provide final verification of automated dispensing medication fill records for accuracy and completeness;

(4) Make decisions that require a pharmacist's professional judgment such as interpreting new orders, applying information, or making product selection for drugs that are substitutable;

(5) Accept new verbal prescription medication orders communicated to the pharmacy by a prescriber or the prescriber's agent; or

(6) Provide pharmaceutical services in a pharmacy without a pharmacist being present, except as authorized in chapter 20:51:30.

A violation of this section may be grounds for disciplinary action as provided in § 20:51:29:27.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-26.

20:51:29:23. Misrepresentative deeds. A pharmacy technician may not make any statement tending to deceive, misrepresent, or mislead anyone, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in a pharmacy.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26).

20:51:29:24. Confidentiality. In the absence of express written consent from the patient or a written order or direction of a court, except where the best interests of the patient require, a pharmacy technician may not divulge or reveal to any person other than as outlined in SDCL 36-11-69, any of the following information:

(1) The contents of any prescription drug order or medication, the therapeutic effect thereof, or the nature of professional pharmaceutical services rendered to the patient;

(2) The nature, extent, or degree of illness suffered by the patient; or

(3) Any medical information furnished by the prescriber.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-69.

20:51:29:25. Illegal or unethical behavior. A pharmacy technician may not exhibit illegal or unethical behavior in connection with the technician's pharmacy employment. Illegal or unethical behavior includes: verbal or physical abuse, coercion, intimidation, harassment, sexual advances, threats, degradation of character, profanity, indecent or obscene conduct, and theft. A violation of this section may be grounds for disciplinary action as provided for in § 20:51:29:27.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-26.

20:51:29:26. Denial of registration. The board may deny an application for registration as a pharmacy technician for any violation of:

(1) The laws of this state, another state, or the United States, relating to prescription drugs, controlled substances, or nonprescription drugs; or

(2) This chapter.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-11-2(26), 36-11-26.

20:51:29:27. Disciplinary actions. For violations of this chapter, the board may:

(1) Revoke a pharmacy technician registration;

(2) Suspend a pharmacy technician registration until further order of the board or for a specified period;

(3) Not renew a pharmacy technician registration;

(4) Prohibit permanently, until further order of the board, or for a specified period, the engaging in specified procedures, methods, or acts;

(5) Impose a probationary period;

(6) Refer the pharmacy technician to the Health Professionals' Assistance Program; or

(7) Issue a letter of concern or public reprimand.

Source: 31 SDR 35, effective September 19, 2004; 50 SDR 138, effective June 2, 2024.

General Authority: SDCL 36-11-11(1)(13).

Law Implemented: SDCL 36-2A-2, 36-2A-6, 36-11-2(26), 36-11-26.