S.D. Admin. R. 20:51:35:01

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

Section 20:51:35:01 - Definitions

Terms used in this chapter:

(1) "Controlled substance" means a drug as defined in SDCL §§34-20B-11 to 34-20B-26;

(2) "Donor" means any person, including an individual member of the public, or any entity legally authorized to possess drugs with a license or permit in good standing in the state in which it is located, including but not limited to a wholesaler or distributor, third party logistic providers, pharmacy, dispenser, clinic, surgical or health center, laboratory, medical or pharmacy school, prescriber or other health care professional, or healthcare facility. Donor shall also mean government agencies and entities that are federally authorized to possess drugs including but not limited to drug manufacturers, repackagers, relabelers, outsourcing facilities, and federal healthcare facilities;

(3) " Drugs" means prescription drugs as defined in SDCL chapter 36-11-2.1;

(4) "Eligible patient" means an indigent, uninsured, or underinsured person; provided, however, that if the participating pharmacy's supply of donated drugs exceed the need for donated drugs by indigent patients, then any other person in need of a particular drug can be an eligible patient;

(5) "Healthcare facility" means:

(a) A facility licensed pursuant to SDCL chapter 34-12; or

(b) A similar licensed facility located in another state;

(6) "Health care professional" means a:

(a) Physician licensed pursuant to SDCL chapter 36-4;

(b) Certified nurse practitioner or nurse midwife licensed pursuant to SDCL chapter 36-9 A;

(c) Physician assistant licensed pursuant to SDCL chapter 36-4 A;

(d) Dentist licensed pursuant to SDCL chapter 36-6 A;

(e) Optometrist licensed pursuant to SDCL chapter 36-7;

(f) Podiatrist licensed pursuant to SDCL chapter 36-8; or

(g) Pharmacist licensed pursuant to SDCL chapter 36-11.

(7) "Indigent individual" means: For the purposes of this chapter, an indigent individual is any person who does not have sufficient money, credit, or insurance to pay for prescribed medication.

(8) "Program" means the donated prescription drug repository program established by the board pursuant to SDCL § 34-20 H.

S.D. Admin. R. 20:51:35:01

49 SDR 051, effective 11/27/2022

General Authority: SDCL 34-20H-7.

Law Implemented: SDCL 34-20H-7.

Drugs and Substances Control SDCL 34-20B.