Where the premises includes a licensed pharmacy and a general merchandise area, it is not a violation of SDCL chapter 36-11 or § 20:51:06:04 if public entrances to the general merchandise area are kept open for business without a pharmacist on duty in the pharmacy, provided all entrances to the prescription department are closed for the transaction of business and a sign bearing the words "pharmacy services closed" has been posted by the pharmacist before leaving the premises. The prescription department must include sufficient security measures to protect the department from theft or access by unauthorized personnel. The prescription department must be secured by a continuous partition or wall, extending from the floor to the permanent ceiling, with doors capable of being securely locked to isolate the prescription department.

If the prescription department lacks the barrier and is closed, the entire business must be closed, locked, and secured to protect the area from theft or access by unauthorized personnel.

Source: SL 1975, ch 16, § 1; 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 (3) .

Law Implemented: SDCL 36-11- 44 , 36-11-48 (2)(6) .

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