Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:16 - Covered medical services
Chapter 67:16:14 - Prescription drugs
Section 67:16:14:06.11 - Required use of tamper-resistant prescriptions

S.D. Admin. R. 67:16:14:06.11

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Current through Register Vol. 51, page 67, December 16, 2024
Section 67:16:14:06.11 - Required use of tamper-resistant prescriptions

For written prescriptions, the cost of the prescribed drug or over-the-counter item is not covered unless the prescription was written on a tamper-resistant prescription drug pad. To be considered tamper resistant, a prescription pad must contain the following three characteristics:

(1) One or more industry-recognized features designed to prevent unauthorized copying of a completed or blank prescription form, such as a high security watermark;
(2) One or more industry-recognized features designed to prevent the erasure or modification of information written on the prescription by the prescriber, such as tamper-resistant background ink that shows erasures or attempts to change written information; or
(3) One or more industry-recognized features designed to prevent the use of counterfeit prescription forms, such as sequentially numbered blanks and duplicate or triplicate blanks.

If the prescription fails to meet the requirements of this section and an emergency exists, the pharmacy may fill the prescription and receive reimbursement if the pharmacist obtains a written prescription that complies with this section or obtains the prescription by telephone, fax, or electronically within 72 hours after the fill date.

Prescriptions transmitted electronically to the pharmacy, prescriptions transmitted to the pharmacy by facsimile, prescriptions communicated to the pharmacy by telephone, and refills of a prescription that was originally filled before April 1, 2008, are exempt from the previous section.

S.D. Admin. R. 67:16:14:06.11

34 SDR 242, filed March 20, 2008, effective 10/1/2008.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, § 7002(b). Requirement for use of tamper-resistant prescription pads under the Medicaid program, 42 U.S.C. § 1396 b(i)(23).