The board may issue a pharmacy license only to:

1. (1) A pharmacist who is the owner, or part owner, of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided:

   1. (a) The pharmacist will serve as the pharmacist-in-charge; or
   2. (b) The pharmacist has submitted an affidavit, on a form prescribed by the board, delegating complete responsibility for the pharmaceutical services in the place of business to another pharmacist-in-charge; or
2. (2) A non-pharmacist owner of the merchandise and fixtures of the place of business for which the pharmacy license is applied for, provided the owner has submitted an affidavit on a form prescribed by the board delegating complete responsibility for the pharmaceutical services in the place of business to a pharmacist-in-charge. The applicant for the pharmacy license shall submit a form prescribed by the board and pay a fee, not to exceed two hundred dollars, set by the board in rules promulgated in accordance with chapter 1-26.

Source: SDC 1939, § 27.1015; SL 1943, ch 105 ; SL 1953, ch 122 ; SL 1967, ch 102 , § 15; SL 1975, ch 236 ; SL 1984, ch 251 ; SL 2008, ch 191 , § 27; SL 2025, ch 154 , § 18; SL 2026, ch 158 , § 3.