S.D. Admin. R. 44:58:08:13

Current through Register Vol. 51, page 57, November 12, 2024

Section 44:58:08:13 - Requirements for oral authorization of Schedule II substances in emergencies

In an emergency situation, as defined in SDCL 22-42-2.2, a pharmacist may dispense a controlled substance listed in Schedule II upon receiving oral authorization of an individual practitioner, if:

(1) The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period;

(2) The prescription is immediately reduced to writing by the pharmacist and contains all information required in § 44:58:08:05 except for the signature of the prescribing individual practitioner;

(3) The practitioner is not known to the pharmacist, the pharmacist must make a reasonable effort to determine that the oral authorization came from a registered individual practitioner by returning the prescriber's call using the phone number listed in the telephone directory or through other good faith efforts to assure the practitioner's identity; and

(4) Within seven days after authorizing an emergency oral prescription the individual practitioner shall supply the pharmacy with a written prescription for the emergency quantity prescribed. In addition to conforming to the requirements of § 44:58:08:05, the prescription shall have written on its face "Authorization for Emergency Dispensing," and the date of the oral order. Upon receipt, the dispensing pharmacist shall attach this prescription to the oral emergency prescription which had earlier been reduced to writing. If the emergency prescription is sent by mail, the carrier envelope must be postmarked within the seven days. The pharmacist shall notify the department if the prescribing practitioner fails to deliver a written prescription within seven days. Failure to notify the department voids the authority to dispense the controlled substance without a written prescription.

S.D. Admin. R. 44:58:08:13

1 SDR 30, effective 10/6/1974; 6 SDR 93, effective 7/1/1980; 25 SDR 48, effective 10/1/1998.

General Authority: SDCL 34-20B-41.

Law Implemented: SDCL 22-42-2.1, 22-42-2.2.