S.D. Admin. R. 44:58:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:58:01:01 - Definitions

Words defined in SDCL 34-20B-1 have the same meaning when used in this article. In addition, terms used in this article mean:

(1) "Act," the State Drugs and Substances Control Act, SDCL chapter 34-20 B;

(2) "Controlled premises," places where records required under the act are kept or places where persons registered under the act or exempted from registration under the act may lawfully hold, manufacture, distribute, dispense, administer, or otherwise dispose of controlled substances;

(3) "Department," the state Department of Health;

(4) "Division," the Division of Health Systems Development and Regulation of the Department of Health;

(5) "Drug Enforcement Administration" or "DEA," the United States Department of Justice, Drug Enforcement Administration, or its successor agency;

(6) "Hearing," a hearing held pursuant to this article for the granting, denial, revocation, or suspension of a registration pursuant to §§ 44:58:04:02, 44:58:04:05, and 44:58:04:07 to 44:58:04:09, inclusive;

(7) "Individual practitioner," a physician, dentist, veterinarian, optometrist, nurse practitioner, nurse midwife, physician's assistant, or podiatrist licensed by the state of South Dakota or the United States to practice, who is registered or exempt from registration with the division to dispense, administer, or prescribe controlled substances in the course of practice;

(8) "Institutional practitioner," a hospital or other institutional employee who is licensed, registered, or otherwise permitted by the state of South Dakota or the United States, to dispense, distribute, or administer a controlled substance in the course of practice;

(9) "Long-term care facility (LTCF)," a nursing facility, retirement care, mental care, or other facility or institution which provides extended health care to residents;

(10) "Pharmacist," a pharmacist licensed by the state of South Dakota to dispense controlled substances or a pharmacist intern, authorized by the state, who is under the immediate and personal supervision of a pharmacist;

(11) "Prescription," an order for medication which is dispensed to or for an ultimate user;

(12) "Register" and "registration," the registration required and permitted by SDCL 34-20B-29 to 34-20B-37, inclusive;

(13) "Registrant," a person who is registered pursuant to SDCL 34-20B-29 to 34-20B-37, inclusive;

(14) "Research protocol," a detailed description of each research project being initiated; and

(15) "Secretary," the secretary of health or a person appointed by the secretary to act on the secretary's behalf.

S.D. Admin. R. 44:58:01:01

1 SDR 30, effective 10/7/1974; 6 SDR 93, effective 7/1/1980; 11 SDR 36, effective 9/11/1984; 21 SDR 14, effective 8/4/1994; 21 SDR 219, effective 6/27/1995; 25 SDR 48, effective 10/1/1998.

General Authority: SDCL 34-20B-41.

Law Implemented: SDCL 34-20B-10 to 34-20B-26, 34-20B-28 to 34-20B-37, 34-20B-41.