S.D. Admin. R. 20:51:05:20

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:51:05:20 - Legend drug to be dispensed by prescription only - Refill restricted

A pharmacist may dispense a legend drug or medicine only pursuant to the written, oral, or electronic prescription of a licensed prescriber. A prescription may be delivered to a pharmacist by handwritten order, facsimile, or electronic equipment, if permitted by law. A pharmacist or intern shall reduce an oral prescription promptly to a written record filed or electronically recorded in the same manner as a written prescription. A noncontrolled legend drug prescription may not be refilled except as designated in the original prescription or as subsequently authorized by the prescriber and not after twelve months from the original issue date. Each refill must be entered on the back of the original prescription or captured electronically and must indicate the quantity dispensed, the date refilled, and the initials or name of the dispensing pharmacist. If the prescriber is unable to be contacted to authorize refills, the pharmacist may fill up to a thirty-day supply of a noncontrolled legend drug, if in the professional judgement of the pharmacist, the drug is necessary to maintain the patient's health.

If a prescription software program is used to maintain patient files, the program must provide on-line retrieval of all original prescription information for those prescription orders that are currently authorized for refilling. The identity of the pharmacist refilling the prescription must be included in the record. The original hard copy, facsimile, or electronic version must be filed and retained for two years from the last dispensing date. The prescription software program must contain daily back-up functionality to protect against record loss and have the capability to print the documentation of the record at the board's request.

A prescription renewed by the prescriber is a new and separate prescription, must be assigned a new serial number, and is subject to the same restrictions in this section.

S.D. Admin. R. 20:51:05:20

SL 1975, ch 16, § 1; transferred from §§ 20:51:05:06 and 20:51:05:07, 8 SDR 101, effective 2/28/1982; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 26 SDR 92, effective 1/6/2000; 40 SDR 40, effective 9/16/2013; 50 SDR 138, effective 6/2/2024

General Authority: SDCL 36-11-11(1), 36-11-68.

Law Implemented: SDCL 36-11-2.2, 36-11-20, 36-11-68.