South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 34-20E-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(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.