20:51:05:20.  Legend drug to be dispensed by prescription only -- Refill restricted. A pharmacist may only dispense a legend drug or medicine pursuant to the written or oral prescription of a practitioner licensed to prescribe drugs and medicines. A written prescription may be transmitted by a prescriber to a pharmacist by facsimile equipment. An oral prescription shall be reduced promptly to writing by the pharmacist and the written record filed or electronically recorded in the same manner as though it were a written prescription. No legend drug prescription may be refilled except as designated in the original prescription or as subsequently authorized by the prescriber. Each refill shall be entered on the back of the original prescription and shall indicate the quantity dispensed, date refilled, and the initials or name of the dispensing pharmacist.

          Electronic data processing equipment, when used to maintain patient files, must provide on-line retrieval of all original prescription information for those prescription orders which are currently authorized for refilling. The identity of the pharmacist refilling the prescription must be included in the record. The original hard copy shall be filed and retained two years to assure access to the information contained on the prescription in the event of computer breakdown or for inspection purposes.

          A prescription renewed by the prescriber shall be considered a new and separate prescription, assigned a new serial number, and subject to the same restrictions in this section. A pharmacist may not fill any expired noncontrolled drug prescription prior to authorization from the prescriber.

          Source: SL 1975, ch 16, § 1; transferred from §§ 20:51:05:06 and 20:51:05:07, 8 SDR 101, effective February 28, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 92, effective January 6, 2000.

          General Authority:SDCL 36-11-11(1).

          Law Implemented:SDCL 36-11-11(1).