Bill 195

                    Current Status

Bill Number:               195
Ratification Number:       171
Act Number                 120
Introducing Body:          Senate
Subject:                   State Board of Pharmacy
                           reauthorized

(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.