S.D. Admin. R. 20:51:05:19

Current through Register Vol. 50, page 162, June 24, 2024
Section 20:51:05:19 - Prescription required to dispense Schedule III or IV controlled drug - Refill restricted

A pharmacist may not dispense a Schedule III or IV controlled drug without a written, oral, or electronic prescription from a prescriber. The prescription may be delivered to a pharmacist orally or by handwritten order, facsimile, or electronic equipment, if permitted by law. A pharmacist or intern shall promptly reduce an oral prescription to a written record filed or electronically recorded in the same manner as though it was a written prescription. The pharmacist may refill the prescription, if authorized on the prescription, up to five times within six months after the date of issue. The partial dispensing of refills may not exceed the total amount authorized on the prescription. Each refill must be entered on the back of the prescription or captured electronically and must indicate the quantity dispensed, the date refilled, and the initials or name of the dispensing pharmacist. After six months or the dispensing of all authorized refills, whichever comes first, a new controlled drug prescription is required, either orally, in writing, or electronically, if permitted by law, from the prescriber. Any prescription renewed by the prescriber is considered a new and separate prescription, must be assigned a new serial number, and is subject to the restrictions in this section.

If a prescription software platform is used to maintain patient files, the program must provide retrieval of original prescription information for those prescription orders that are currently authorized for refilling. The original hard copy, facsimile, or electronic prescription must be stored at the pharmacy and maintained for two years from the last dispensing date. The identity of the pharmacist dispensing a refill must be included in the record.

A pharmacist may not fill an expired prescription for a controlled drug prior to authorization from the prescriber.

S.D. Admin. R. 20:51:05:19

8 SDR 101, effective 2/28/1982; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 26 SDR 92, effective 1/6/2000; 40 SDR 40, effective 9/16/2013; 50 SDR 138, effective 6/2/2024

General Authority: SDCL 36-11-11(1), 36-11-68.

Law Implemented: SDCL 36-11-2.2, 36-11-20, 36-11-68.