South Dakota § 34-20E-1 - Definition of terms.

§ 34-20E-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Administer," the direct application of a controlled substance to the body of a patient. The term does not include the prescribing of a controlled substance for administration by the patient or someone other than the health care provider;

(2)    "Board," the Board of Pharmacy;

(3)    "Central repository," a place where electronic data related to the prescribing and dispensing of controlled substances is collected;

(4)    "Controlled substance," any drug, substance, or immediate precursor as provided in schedules II through IV pursuant to §§ 34-20B-11 to 34-20B-26, inclusive;

(5)    "De-identified information," health information that is not individually identifiable information because an expert has made that determination pursuant to 45 C.F.R. 164.514, or direct identifiers and specified demographic information have been removed in accordance with the requirements of that section;

(6)    "Dispense," to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a health care provider, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery;

(7)    "Dispenser," any person who delivers a controlled substance to the ultimate user, but does not include:

(a)    A licensed hospital pharmacy that provides a controlled substance for the purpose of inpatient hospital care;

(b)    A licensed health care provider or other authorized individual in those instances when the practitioner administers a controlled substance to a patient; or

(c)    A licensed veterinarian;

(8)    "Individually identifiable health information," the meaning set forth in 45 C.F.R. 160.103;

(9)    "Integration," the linking of the central repository into the electronic health records to allow health systems, pharmacies, or health information exchanges to seamlessly access data;

(10)    "Patient," any individual or owner of an animal who is the ultimate user of a controlled substance for whom a prescription is issued and for whom a controlled substance is dispensed;

(11)    "Prescriber," an individual licensed, registered, or otherwise authorized by the jurisdiction in which the individual is practicing to prescribe drugs in the course of professional practice. The term does not include a veterinarian;

(12)    "Program," the prescription drug monitoring program established by this chapter.

Source: SL 2010, ch 175, § 1; SL 2017, ch 157, § 1.