April 2006
South Dakota State Board of Pharmacy
4305 S Louise Ave, Suite 104, Sioux Falls, SD 57106
NEW REGISTERED PHARMACISTS
The following candidates recently met licensure requirements and were registered as pharmacists in South Dakota: Brandon Maddox and Amy Fisher.
PHARMACY LICENSES
Pharmacy licenses were recently issued to: Tara Butler, Medicap Valley Mart #274, Rapid City, SD; Ken Fosheim, Walgreens #10007, Watertown, SD; and Shane Clarambeau, Shane’s Pharmacy, Fort Pierre, SD.
ATTENTION PHARMACIST EMPLOYERS
The Board office was notified recently by NABP that a pharmacy technician has been presenting herself as a pharmacist. It is very important that pharmacist employers use the verification process. Allowing someone you have not known to work in your pharmacy could bring serious consequences. Please contact the Board office to verify the status of a license before hiring a pharmacist or technician.
NEW PSEUDOEPHEDRINE BILL PASSED IN LEGISLATURE
Following is the revised pseudoephedrine bill which will go into effect July 1, 2006.
ENTITLED, An Act to revise certain provisions pertaining to the sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20D-1 be amended to read as follows:
34-20D-1. No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.
Section 2. That § 34-20D-2 be amended to read as follows:
34-20D-2. No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.
Section 3. That § 34-20D-3 be amended to read as follows:
34-20D-3. Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product.
Section 4. That § 34-20D-4 be repealed.
Section 5. That § 34-20D-5 be amended to read as follows:
34-20D-5. A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:
South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.
Section 6. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:
If offering for sale a product containing pseudoephedrine or ephedrine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product containing pseudoephedrine or ephedrine. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver's license, passport, or military identification card. The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2006, and no later than the fifth day of every month thereafter, the retailer shall send any such records to the Office of the Attorney General. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.
Section 7. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:
Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Section 8. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:
No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.
Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:
(1) A retail distributor of drug products;
(2) A wholesale drug distributor, or its agents:
(3) A manufacturer of drug products, or its agents:(4) A pharmacist licensed by the Board of Pharmacy; or
(5) A licensed health care professional possessing the drug products in the course of carrying out the profession.
Any violation of this section is a Class 1 misdemeanor.
MID-LEVEL PRACTITIONER LEGISLATION
Legislation containing revisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives was signed by Governor Rounds February 15, 2006, and will go into effect July 1, 2006.
The amendments will allow these mid-level practitioners to do the following:
(1) Make a tentative medical diagnosis and institute therapy or referral; prescribe medications and provide drug samples or a limited supply of labeled medications, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than 30 days, for symptoms and temporary pain relief, treat common childhood diseases; to assist in the follow-up treatment of geriatric and psychiatric disorders referred by the physicians;
(2) The prescription of medications and provision of drugs samples or a limited supply of labeled medications, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than 30 days, for treatment of causative factors and symptoms;
(3) Prescription of appropriate medications and provision of drug samples or a limited supply of appropriate labeled medications for individuals under the nurse midwife’s care pursuant to the scope of practice defined in this section, including controlled drugs or substances listed on Schedule II in chapter 34-20B for one period of not more than 30 days.
Medications or sample drugs provided to patients shall be accompanied with written administration instructions and appropriate documentation shall be entered in the patient’s medical record.
COURT DECISION
On May 27, 2005, the State of South Dakota’s Attorney Generals Office by and through the State Board of Pharmacy filed a Summons and Complaint against defendant Canada Services, formerly known as Canada Drug of South Dakota.
The Board argued that Canada Services had violated the following statutes: SDCL 36-11-15 by keeping a store for retailing medicines by a person other than a registered pharmacist and in that the defendant alone or as an agent for MediMart of Winnipeg, Manitoba, and persons who are not registered pharmacists and who were dispensing drugs and medicines in violation of SDCL 36-11-19.2, 19.3 and 19.8. The Board sought injunctive relief in accordance with SDCL 36-11-65. On January 18, 2006, Judge William J. Srstka Jr. granted the Board of Pharmacy’s request for injunctive relief pursuant to SDCL 36-11-65.
Since then Canada Services has moved to Minnesota.
