20:51:32:01.  Definitions. Terms defined in SDCL 34-20E-1 have the same meaning in this article.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-20.

          20:51:32:02.  Data submission. Each dispenser may submit the data to the central repository using any electronic device compatible with the board's receiving device or the receiving device of the board's contracted vendor. The data submitted to the central repository may be on electronic media approved by the board accompanied by a transmittal form identifying the dispenser submitting the electronic media, the number of prescription records included on the media, and the individual submitting the media.

          If the dispenser does not have an automated recordkeeping system capable of producing an electronic report of the required data in the format established by the American Society for Automation in Pharmacy (ASAP), the dispenser may request a waiver from the electronic reporting requirement from the board.

          If the board grants a waiver from the electronic reporting requirement, then the dispenser shall comply with an alternative method of reporting the data as determined by the board, such as submitting the required data on a form approved by the board.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-2, 34-20E-20(1).

          20:51:32:03.  Data elements. The information submitted for each prescription shall include the following items:

          (1)  Dispenser identification number;

          (2)  Date prescription filled;

          (3)  Prescription number;

          (4)  Prescription is new or is a refill;

          (5)  Identification code for drug dispensed;

          (6)  Quantity dispensed;

          (7)  Day's supply dispensed;

          (8)  Number of refills ordered;

          (9)  Patient name;

          (10)  Patient address;

          (11)  Patient date of birth;

          (12)  Patient gender;

          (13)  Prescriber identification number;

          (14)  Date prescription issued by the prescriber.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20(2).

          Law Implemented: SDCL 34-20E-2, 34-20E-20(2).

          20:51:32:04.  Access to data. Healthcare practitioners authorized to prescribe or dispense controlled substances may request on-line access to the data for the purpose of providing patient health care. Prior to being granted access to program information, a practitioner shall submit a request for registration and program access. The board will verify the licensure status of the practitioner with the appropriate licensing authority. The program safeguards to protect the privacy of the data include a secure login and password for the practitioners authorized to access the data.

          The board shall conduct regular reviews of data access by practitioners to identify possible violations of law or breach of professional standards that may have occurred. Whenever such information is identified, the board will notify the appropriate professional licensing, certification or regulatory agency or entity, and provide information necessary for an investigation.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20(4).

          Law Implemented: SDCL 34-20E-12, 34-20E-20(4).

          20:51:32:05.  Disclosure of data. Each request for information from the central repository must be submitted on a form provided by the board and must be mailed, faxed, or submitted electronically to the board office. The information may be mailed, faxed or submitted electronically to the individual requesting the profile, and marked "confidential".

          A prescriber or dispenser may request patient information if the request:

          (1)  Is signed by the prescriber or dispenser requesting the information and includes the business name and address;

          (2)  Includes the patient's name, date of birth, purpose of the request, and the date range for the profile; and

          (3)  Includes a statement indicating a prescriber or a dispenser and patient relationship exists.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20(4).

          Law Implemented: SDCL 34-20E-12, 34-20E-20(4).

          20:51:32:06.  Disclosure of data -- Individual. An individual or the individual's agent, authorized in writing, may request prescription information of the individual or the individual's minor child.

          The individual requesting the prescription information or an authorized agent of the individual shall submit a signed, written request on a form provided by the board for records of the individual's prescriptions reported to the program.

          The individual or agent will be required to present a current government-issued photo identification at the time of delivery of the request.

          An individual who is unable to personally deliver the request to the board office may submit a request by mail or a commercial delivery service. The request shall comply with the provisions above, a copy of the current government issued photo identification shall be enclosed, and the signature of the requesting individual shall be notarized.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-7(2), 34-20E-20(4).

          20:51:32:07.  Disclosure of data -- Regulatory board. A state board or regulatory agency with appropriate authority may request information.

          The request shall include a statement of its purpose and authority, the name and license number of the individual, the date range requested, and the specific reasons for the request.

          The request shall include the signature of the authorized agent and mailing address for the board or agency.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-7(3), 34-20E-20(4).

          20:51:32:08.  Disclosure of data -- Law enforcement. A local, state, and federal law enforcement or prosecutorial official engaged in the enforcement of laws related to controlled substances may request information for the purpose of an investigation or prosecution of the drug-related activity or probation compliance of an individual. The board shall verify the status of the law enforcement or prosecutorial official with the appropriate authority.

          The request shall include the purpose of the request, the individual's name and date of birth, the date range requested, and the specific reasons for the request.

          The request shall be signed by the authorized official and include that person's mailing address.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20(4).

          Law Implemented: SDCL 34-20E-7(4), 34-20E-20(4).

          20:51:32:09.  Disclosure of data -- Court orders. The board shall provide program information in response to court orders and warrants. The board shall provide program information in response to court issued subpoenas.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20(4).

          Law Implemented: SDCL 34-20E-7(7), 34-20E-20(4).

          20:51:32:10.  Disclosure of data -- Other entities. Other designated entities may request profiles or information as identified in SDCL 34-20E-7.

          The request shall include the purpose of the request, the date range requested, the specific reasons for the request, and the individual's name and birth date if applicable.

          The request shall be signed by the authorized individual and include that person's mailing address.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-7(5)(6)(8) and (9).

          20:51:32:11.  Data retention. All dispenser records of prescriptions reported to the program shall be retained by the board for a period of three years following the date of the record. All records of access to or query of program information shall be retained by the board for a period of three years following the date of the record. At least semiannually, all program information identified as exceeding that three-year period shall be deleted from the program and discarded in a manner to maintain the confidentiality of the program information and data. Statistical data and reports from which all personally identifiable information has been removed or which do not contain personally identifiable information may be retained by the board for historical purposes.

          Source: 37 SDR 214, effective May 30, 2011.

          General Authority: SDCL 34-20E-20.

          Law Implemented: SDCL 34-20E-20(2)(4) and (5).