S.D. Codified Laws § 36-11A-45

Current through the 2024 Legislative Session

Section 36-11A-45 - Cease and desist order for violation-Hearing

The board shall issue an order requiring the appropriate person including any distributor or retailer of the drug to immediately cease distribution of the drug within this state if the board finds that there is a reasonable probability that:

(1) A wholesale distributor, other than a manufacturer, has:

(a) Violated a provision of §§ 36-11A-20 to 36-11A-46, inclusive; or

(b) Falsified a transaction document, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;

(2) The prescription drug at issue as a result of a violation in subdivision (1) could cause serious, adverse health consequences or death; and

(3) Other procedures would result in unreasonable delay.

An order under this section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten days after the date of the issuance of the order, on the actions required by the order. If, after providing an opportunity for such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.

SDCL 36-11A-45

SL 2007, ch 215, §27; SL 2017, ch 174, §27.

Amended by S.L. 2017, ch. 174,s. 27, eff. 7/1/2017.