S.D. Admin. R. 20:51:15:15.01

Current through Register Vol. 50, page 162, June 24, 2024

Section 20:51:15:15.01 - Pharmacist controls emergency kit in nursing facility

A registered pharmacist may provide to a nursing facility a limited quantity of controlled legend drugs pursuant to §§ 44:58:07:09 and 44:73:08:11, a limited amount of noncontrolled legend drugs, and nonprescription drugs, for emergency and supportive treatment, if requested in writing by the medical director. The pharmacist shall retain control of all medications provided in emergency kits.

The provider pharmacist shall comply with the following requirements:

(1) The medical director, director of nursing, and provider pharmacist shall jointly determine and prepare a limited list of emergency drugs by identity and quantity;

(2) The provider pharmacy must be notified of any drug taken from the emergency kit;

(3) The provider pharmacy staff shall inventory and restock the contents of the emergency kit after reported use or at least monthly;

(4) The emergency kit must be stored in a suitable, controlled location in the nursing facility to prevent the unauthorized access of the drugs within it. The emergency kit exterior must be labeled clearly, that it is an emergency kit and is for emergency use only. The emergency kit must contain the name, strength, quantity, and expiration date of drugs contained therein;

(5) The provider pharmacy may utilize an automated medication distribution device to store, distribute, and record transactions as an emergency kit or for first dose medications. If the pharmacy uses an automated medication distribution device, the pharmacy must apply for a separate pharmacy permit to do so unless there is a permitted pharmacy within that physical location; and

(6) The provider pharmacy must provide each facility where an emergency kit is placed with a contact number to a pharmacist twenty-four hours a day.

All other controlled and noncontrolled legend medications must be obtained from a pharmacy licensed to distribute to patients pursuant to SDCL 34-12B-1 and 34-12B-2.

S.D. Admin. R. 20:51:15:15.01

26 SDR 92, effective 1/6/2000; 50 SDR 138, effective 6/2/2024

General Authority: SDCL 36-11-11(1)(4).

Law Implemented: SDCL 36-11-2.2, 36-11-33, 36-11-34.