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WEBSITE OF THE STATE OF SOUTH DAKOTA DEPARTMENT OF HEALTH
Kim Malsam-Rysdon, Secretary of Health

South Dakota Board of Pharmacy

CHANGE OF OWNERSHIP PROCEDURES FOR A PHARMACY or WHOLESALE DISTRIBUTOR

The following information applies to any entity (in-state and out-of-state) that holds a current South Dakota license and undergoes a change in ownership by any method (stock purchase, stock transfer, monetary buyout, etc.).

Change of Ownership Guidance (CHOW)

  • If entity ownership changes at the entity or parent level by 50% or more, a change of ownership application and fee must be submitted.
  • If entity ownership change is at the grandparent level or above, the board does not need to be notified
  • If entity moves to another state, a completely new application must be initiated in this circumstance.

To complete a CHOW application, go to the board website

  • access the renewal application for the specific license type (i.e. part-time, full-time, nonresident pharmacy, wholesaler, etc.).
  • log-in to the renewal application using the current licensee’s username and password,
  • select “renew” and
  • select “change of ownership” for type of application.

For South Dakota entities, a change of ownership application should be submitted at least 30 days before transfer of ownership occurs.

For non-resident entities, the application should be submitted within 30 days of transaction in order to provide the new state of domicile license, inspection, and DEA certificate, if applicable. All documentation submitted with application must reflect the go forward name for the entity and inspection must be for the correct location for the entity.

If you have questions/need clarification, please contact the board before starting the CHOW application process.

South Dakota Department of Health Requirements: The new pharmacy must obtain a South Dakota Controlled Substances Certificate of Registration issued by the Health Department. The license from the SD State Board of Pharmacy must be obtained before submitting a controlled substance application. Contact the South Dakota Department of Health, Division of Controlled Substances at 605-773-4520 or apply online at (https://apps.sd.gov/PH04ControlledSubstance/).

Drug Enforcement Administration Requirements:  The new pharmacy must apply for a DEA registration.  If the application is submitted before the Pharmacy Permit is obtained, the applicant may enter “pending” in the appropriate area.  

The registrant transferring the pharmacy business to another registrant shall notify the nearest DEA Registration Field office at least 14 days before the proposed date of transfer and provide the following information:

  • The name, address and registration number of the registrant discontinuing business;
  • The name, address and registration number of the registrant acquiring the pharmacy;
  • Whether the business activities will be continued at the location registered by the current business owner or moved to another location. It the latter, give the address of the new location.
  • The date on which the controlled substances will be transferred to the person acquiring the pharmacy.

Drug Enforcement Administration; Des Moines Resident Office; Federal Building, Room 509; 210 Walnut St., Des Moines, Iowa 50309. Phone: 515-284-4700. Website: www.deadiversion.usdoj.gov/.

Sale (Transfer) of Controlled Substances: On the date of transfer of the controlled substances, a complete inventory of all controlled substances being transferred shall be taken. This inventory shall serve as the final inventory of the registrant-transferor and the initial inventory of the registrant-transferee, and a copy of the inventory shall be included in the records of each person. Transfer of any substances listed in Schedule II shall require the use of DEA 222 order forms.

Destruction of Unusable Controlled Substances: Contact the Board of Pharmacy office, or the Department of Health to destroy any unusable controlled substance products.

Revised 12/01/20