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New South Dakota Laws Signed: Two Pharmacy Permit Types Repealed and Background Checks Required
South Dakota Governor Dennis Daugaard signed into law HB 1009, on February 22, 2012, that repeals the Poison Permit and the Non-Prescription Drug Permit from the South Dakota laws and rules.
The adoption of the law followed a review by South Dakota agencies of laws and rules that may be outdated under the state’s Red Tape Repeal Initiative. As part of its review, the South Dakota State Board of Pharmacy, in conjunction with many of its pharmacy constituents, decided that the Poison Permit is no longer relevant and the Non-Prescription Drug Permit is difficult to enforce.
Regarding the Poison Permit, the Board states that most, if not all, of the chemicals listed in South Dakota poison laws are no longer issued commercially and the pesticides and insecticides are regulated by the Department of Agriculture.
In addition, the Non-Prescription Drug Permit is difficult to enforce because convenience stores are popping up all over the state, many of which are out of compliance with the regulation and are not required to obtain this permit for wholesalers to ship the store over-the-counter medications.
Senate Bill 24 was signed into law by the governor on February 14, 2012, and requires mandatory background checks for initial pharmacist registration. It can also be required for those licensees under disciplinary investigation.
