S.D. Admin. R. 44:58:02:22

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

Section 44:58:02:22 - Waiver of registration

Registration is not required for the following persons in the circumstances described:

(1) An individual practitioner who is an agent of another practitioner registered to dispense controlled substances who, when acting in the usual course of employment, administers and dispenses but does not prescribe a controlled substance if permitted to do so by the jurisdiction in which the individual practices;

(2) An institutional practitioner who dispenses, administers, and prescribes controlled substances under the registration of the hospital or other institution by which the practitioner is employed, provided the following requirements are met:

(a) The dispensing, administering, or prescribing is done in the usual course of professional practice;

(b) The employing hospital or other institution authorizes the practitioner to dispense, administer, or prescribe under its registration and designates a specific method for identifying an individual so authorized; and

(c) A current list of the institutional practitioners is kept by the hospital or other institution and is made available to the public upon request for the purpose of verifying the authority of the prescribing institutional practitioner;

(3) An officer or employee of the United States Drug Enforcement Administration, United States Bureau of Customs, or the United States Food and Drug Administration or any other federal officer who is lawfully engaged in the enforcement of any federal law relating to controlled substances, drugs, or customs and is authorized to possess controlled substances while engaged in the course of official duties;

(4) An officer or employee of a state or a political subdivision or agency of a state, who is engaged in the enforcement of a state or local law relating to controlled substances and is authorized to possess controlled substances in the course of official duties, including the following:

(a) Possession of a controlled substance and distribution of the substance to another official who is also exempted by this section; and

(b) Procurement of a controlled substance in the course of an inspection pursuant to SDCL 34-20B-40 or in the course of a criminal investigation involving the person from whom the substance was procured;

(5) An official of the United States Army, Navy, Marine Corps, Air Force, Coast Guard, or Public Health Service who is authorized to prescribe, dispense, or administer, but not to procure or purchase, controlled substances in the course of official duties. Such officials shall follow the procedures set forth in chapter 44:58:08 regarding prescriptions, but shall state the branch of service or agency and use the official's service identification number in lieu of the required registration number;

(6) Law enforcement agency laboratory personnel when acting in the scope of their official duties under the registration of the laboratory by which they are employed. Laboratory activities do not include field or other preliminary chemical tests by officials exempted by this section; and

(7) An individual practitioner who holds a valid locum tenens certificate, as provided under SDCL 36-4-20.1 to 36-4-20.5, inclusive, who administers, dispenses, or prescribes controlled substances, provided the practitioner holds a valid DEA certificate and has filed an application for registration with the department.

S.D. Admin. R. 44:58:02:22

6 SDR 93, effective 7/1/1980; 11 SDR 36, effective 9/11/1984; 18 SDR 181, effective 5/4/1992; 21 SDR 219, effective 6/27/1995; 23 SDR 91, effective 12/9/1996.

General Authority: SDCL 34-20B-41.

Law Implemented: SDCL 34-20B-32.