South Dakota News: Sale or Transfer of Drugs

January 1, 2006 10:24 AM Topics: Prescription transfer

Published in the January 2006 South Dakota State Board of Pharmacy Newsletter

The sale of drugs from one licensed pharmacy to another pharmacy or a prescriber’s office is allowed by law. Some physicians believe they can write on a prescription “for office use” and the pharmacist can sell them legend medications. This is not so.

When the pharmacist makes a sale or transfer of legend drugs, including Schedules III-V of controlled substances (CS), to another Drug Enforcement Administration (DEA) registered site, the pharmacist shall document the drug name, strength, quantity, and date-of-sale or transfer. The invoice must include the names, addresses, and DEA registration numbers of the parties involved in the sale/transfer of all CS III-V. To transfer Schedule II substances, the receiving registrant must issue an official order form (DEA Form 222) to the registrant transferring/selling the drugs.

Any pharmacy engaged in the sale or transfer of drugs in this state equivalent to 5% of the total gross sales is required to be licensed as a pharmacy distributor (SDCL 36-11A-4).