S*195 Session 104 (1981-1982)
S*0195(Rat #0171, Act #0120 of 1981) General Bill, By Drummond, R.C. Lake,
Saleeby and T.D. Wise
Similar(H 2397)
A Bill to reauthorize the existence of the State Board of Pharmacy; to amend
Section 40-43-10, Code of Laws of South Carolina, 1976, relating to the State
Board of Pharmacy, so as to increase the number of members from seven to
eight, provide the method of appointment and for their removal; to provide
that the present members of the Board shall serve until the expiration of
their terms, to provide for the appointment of the lay member; to amend
Section 40-43-50, as amended, relating to qualifications of applicants for
examination as registered pharmacists, so as to delete requirements that they
be twenty-one years of age, of good moral character and temperate habits; to
amend Section 40-43-260, relating to revocation of pharmacy licenses for fraud
or misrepresentation, so as to provide a procedure for revocation, suspension
or restricting of licenses and disciplining pharmacists and establish grounds
for disciplinary action; and to repeal Section 40-43-270 relating to
cancellation of licenses for violation of laws relating to intoxicating
liquors, drugs, narcotics and similar substances.-at
02/12/81 Senate Introduced and read first time SJ-9
02/12/81 Senate Referred to Committee on Medical Affairs SJ-9
04/28/81 Senate Committee report: Favorable with amendment
Medical Affairs SJ-18
04/28/81 Senate Amended SJ-64
04/28/81 Senate Read second time SJ-64
04/29/81 Senate Read third time and sent to House
04/30/81 House Introduced and read first time HJ-2145
04/30/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2145
05/12/81 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-2314
06/11/81 House Amended HJ-3208
06/11/81 House Read second time HJ-3208
06/16/81 House Read third time HJ-3221
06/16/81 House Returned HJ-3221
06/16/81 Senate Concurred in House amendment and enrolled SJ-11
06/23/81 Senate Ratified R 171 SJ-6
06/25/81 Signed By Governor
06/25/81 Effective date 06/25/81
06/25/81 Act No. 120
07/09/81 Copies available
(A120, R171, S195)
AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF PHARMACY; TO AMEND
SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE
BOARD OF PHARMACY, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO EIGHT,
PROVIDE THE METHOD OF APPOINTMENT AND FOR THEIR REMOVAL; TO PROVIDE THAT THE
PRESENT MEMBERS OF THE BOARD SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO
PROVIDE FOR THE APPOINTMENT OF THE LAY MEMBER; TO AMEND SECTION 40-43-50, AS
AMENDED, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS REGISTERED
PHARMACISTS, SO AS TO DELETE REQUIREMENTS THAT THEY BE TWENTY-ONE YEARS OF AGE,
OF GOOD MORAL CHARACTER AND TEMPERATE HABITS; TO AMEND SECTION 40-43-260,
RELATING TO REVOCATION OF PHARMACY LICENSES FOR FRAUD OR MISREPRESENTATION, SO
AS TO PROVIDE A PROCEDURE FOR REVOCATION, SUSPENSION OR RESTRICTING OF LICENSES
AND DISCIPLINING PHARMACISTS AND ESTABLISH GROUNDS FOR DISCIPLINARY ACTION; AND
TO REPEAL SECTION 40-43-270 RELATING TO CANCELLATION OF LICENSES FOR VIOLATION
OF LAWS RELATING TO INTOXICATING LIQUORS, DRUGS, NARCOTICS AND SIMILAR
SUBSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
State Board of Pharmacy reauthorized
SECTION 1. In accordance with the provisions of Section 7 of Act 608 of 1978,
the existence of the State Board of Pharmacy is reauthorized for six years as
provided in such section.
State Board of Pharmacy created
SECTION 2. Section 40-43-10 of the 1976 Code is amended to read:
"Section 40-43-10. There is created the State Board of Pharmacy (board)
to be composed of eight members, one of whom shall be a lay member from the State
at large, one of whom shall be a pharmacist from the State at large and six of
whom shall be pharmacists representing each of six Congressional Districts. The
pharmacists shall be residents of this State and of the Congressional District
they represent and practicing and licensed by the State. The terms of the
members shall be for six years and until successors are appointed and qualify.
No member shall be allowed successive terms of office. The pharmacist at large
and lay member shall be appointed by the Governor. The South Carolina
Pharmaceutical Association shall conduct an election to select pharmacists to be
appointed by the Governor. Such election shall provide for participation by all
pharmacists currently licensed and residing in South Carolina. If the nominee
shall be judged unfit by the Governor, the Association shall be so informed and
other nominees shall be submitted in like manner. Vacancies shall be filled in
the manner of the original appointment for the unexpired portion of the term.
The Governor may remove any member of the board who has been guilty of continued
neglect of his duties or who is found to be incompetent, unprofessional or
dishonorable. No member shall be removed without first giving him an opportunity
to refute the charges filed against him."
Terms of members
SECTION 3. The present members of the State Board of Pharmacy shall continue
to serve until the expiration of their terms and until their successors are
appointed and qualify. The present board shall plan and implement the change in
the composition of the board in as practical a manner as they deem feasible so
as to accomplish the change by at least December 31, 1984 and to provide for
board membership to expire on a rotating basis so that not more than two seats
expire in any one year. The Governor shall appoint the lay member by December 31,
1982. Present members of the State Board of Pharmacy shall be eligible for
appointment to a new term if the board deems this to be feasible in implementing
the terms of this act.
Requirements for applicants
SECTION 4. The first paragraph of Section 40-43-50 of the 1976 Code, as last
amended by Act 492 of 1980, is further amended by striking on line two
"must" and inserting "shall" and by striking beginning on
line two "twenty-one years of age, of good moral character and temperate
habits,". The paragraph when amended shall read:
"An applicant for examination as a registered pharmacist shall be a
graduate from a school, college or department of pharmacy of a university which
is recognized by the board, such recognition to be established by the board on
the basis of uniform and reasonable standards of educational requirements to be
observed by schools, colleges or departments of pharmacy of universities."
Board may order revocation or suspension
SECTION 5. Section 40-43-260 of the 1976 Code is amended to read:
"Section 40-43-260. A. The board may, after a hearing and upon proof that
grounds exist, order the revocation or suspension of a license, publicly or
privately reprimand the holder of a license or take any other reasonable action
short of revocation or suspension, such as requiring the licensee to undertake
additional professional training subject to the direction and supervision of the
board. The board may also impose such restraint upon the practice of the licensee
as circumstances warrant until the licensee demonstrates to the board adequate
professional competence. Any action of the board relating to the revocation or
suspension of a license, or other action either restricting a license or limiting
or otherwise disciplining a licensee, shall be taken only after a written
complaint of misconduct has been filed with the board in accordance with the
Administrative Procedures Act (Act 176 of 1977) and regulations promulgated by
it. If a complaint is not dismissed, in accordance with subsection B, a hearing
shall be held.
B. Upon its review, the board may either dismiss the complaint or find that the
licensee is guilty of misconduct meriting sanction. In either event, the board
shall file a final certified report of the proceedings before it with the
secretary of the board and the secretary shall forthwith notify the complainant
and the licensee and their counsel of such action.
C. Any decision by the board to revoke, suspend or otherwise restrict a license
or limit or otherwise discipline a licensee shall be by majority vote of the
board members and shall be subject to review by the circuit court upon petition
filed by the licensee with the court and a copy served upon the secretary of the
board within thirty days from the date of delivery of its decision to the
licensee. Such review shall be limited to the record established by the board
hearing.
D. Any decision by the board to revoke, suspend or otherwise restrict a license
or limit or otherwise discipline a licensee shall become effective upon delivery
of a copy of such decision to the licensee and a petition for court review shall
not operate as a supersedeas.
E. Misconduct, which constitutes grounds for revocation, suspension or other
restriction of a license or a limitation on or other discipline of a licensee
shall be satisfactory showing to the board of any of the following:
(1) That any false, fraudulent or forged statement or document has been used
or any fraudulent, deceitful or dishonest act has been practiced by the holder
of a license in connection with any of the licensing requirements.
(2) That the holder of a license has been convicted of a felony or any other
crime involving fraud, drugs or any of the laws relating to controlled
substances, intoxicating liquors or the unlawful sales of dangerous drugs as
prohibited by the Federal Food, Drug and Cosmetic Act. (3) That the holder
of a license uses alcohol or drugs to such a degree as to render him unfit to
practice pharmacy.
(4) That the holder of a license has been convicted of the illegal or
unauthorized practice of pharmacy.
(5) That the holder of a license has knowingly performed any act which in any
way assists an unlicensed person to violate any provisions of the pharmacy laws.
(6) That the holder of a license has sustained any physical or mental
disability, as determined by a physician, which renders further practice by him
dangerous to the public.
(7) That the holder of a license is guilty of engaging in any dishonorable,
unethical or unprofessional conduct that is likely to deceive, defraud or harm
the public.
(8) That the holder of a license is guilty of the use of any intentionally
fraudulent statement in any document connected with the practice of pharmacy.
(9) That the holder of a license is guilty of obtaining fees or assisting in
obtaining such fees under intentionally fraudulent circumstances.
(10) That the holder of a license has intentionally violated or attempted to
violate, directly or indirectly, or is assisting in or abetting the violating or
conspiring to violate any provisions or terms of this chapter.
(11) That the holder of a license has been found by the board to lack the
ethical or professional competence to practice pharmacy.
(12) That .the holder of a license has practiced pharmacy while under the
influence of alcohol, drugs or other intoxicants.
F. In addition to all other remedies and actions incorporated in this section,
the license of any pharmacist adjudged mentally incompetent by any court of
competent jurisdiction shall be automatically suspended by the board until the
pharmacist is adjudged by a court of competent jurisdiction or in any other
manner provided by law as being restored to mental competency."
Repeal
SECTION 6. Section 40-43-270 of the 1976 Code is repealed.
Time effective
SECTION 7. This act shall take effect upon approval by the Governor. |