A licensed pharmacy may distribute up to five percent of its controlled drugs and legend drugs to a prescriber licensed to prescribe, dispense, or distribute the drugs in the course of professional practice or to other licensed pharmacies, to meet temporary inventory shortages. The distribution must be completed using invoices containing the:

1. (1) Name, address, and Drug Enforcement Administration number, if required, of both locations involved in the transaction;
2. (2) Drug name, dosage form, and strength;
3. (3) Quantity of each drug sold; and

4. (4) Date of sale.

   The sale of Schedule II drugs must include a completed Drug Enforcement Administration form 222. Copies of the invoices must be retained by both locations involved in the transaction for a period of two years from the date of the transaction.

Source: 11 SDR 92, effective January 16, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986 ; 50 SDR 138, effective June 2, 2024; 52 SDR 27, effective September 15, 2025 .

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

Law Implemented: SDCL 36-11-1 4 , 36-11A-4 .

Prior versions effective: 2024-06-02, 1986-07-01.