H*2536 Session 106 (1985-1986)
H*2536(Rat #0328, Act #0321 of 1986) General Bill, By R.A. Kohn, D.L. Aydlette,
P.T. Bradley, J.V. Gregory, D.O. Hawkins, J.W. McLeod, D.L. Ogburn and
D.E. Winstead
A Bill to amend Section 40-43-40, Code of Laws of South Carolina, 1976,
relating to the powers of the Board of Pharmaceutical Examiners, so as to
change the name to the Board of Pharmacy, to delete obsolete provisions, and
to authorize the Board to exercise powers with respect to drug outlets; to
amend Section 40-43-100, relating to dispensing of drugs only by licensed
pharmacists, so as to require emergency room physicians to dispense not more
than a seventy-two hour supply of legend drugs to meet immediate needs and to
require records of dispensed drugs; to amend Section 40-43-360, as amended,
relating to the definition of pharmacy, so as to define "drug outlet",
"pharmacy", and "practitioner" and to provide that this Section does not
supersede the Nursing Dispensing Act; to amend Section 40-43-370, relating to
the requirement that a permit must be obtained from the Board to operate a
pharmacy, so as to delete the obsolete reference to the effective date of the
Section, to change the reference to drug outlet and Board of Pharmacy, to
allow the Board to issue special permits for limited medical care institutions
and to provide conditions under which the permits may be issued, to require
each Regional Health Service District to have only one permit and to provide
the responsibilities of pharmacists in the Districts, and to provide for
dispensing in hospital pharmacies; to Amend Chapter 43 of Title 40, as
amended, relating to pharmacists, by adding Section 40-43-135, so as to
authorize the Board to enforce the provisions of this Chapter, to provide the
Board's duties in regulating the practice of pharmacy and the operation of
hospital inpatient pharmacies and drug outlets, to authorize the Board to
order persons to refrain from violating the provisions of this Chapter and to
apply for an injunction to restrain the persons, and to provide exemptions
from regulations of the Board; and to repeal Section 40-43-130, relating to
additional regulatory powers of the Board.-amended title
03/07/85 House Introduced and read first time HJ-1166
03/07/85 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1167
05/21/85 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-3294
05/22/85 House Amended HJ-3411
05/22/85 House Read second time HJ-3413
05/23/85 House Read third time and sent to Senate HJ-3457
05/23/85 Senate Introduced and read first time SJ-2241
05/23/85 Senate Referred to Committee on Medical Affairs SJ-2242
05/30/85 Senate Committee report: Favorable Medical Affairs SJ-2385
01/22/86 Senate Read second time SJ-200
01/23/86 Senate Read third time and enrolled SJ-240
02/18/86 Ratified R 328
02/20/86 Signed By Governor
02/20/86 Effective date 02/20/86
02/20/86 Act No. 321
03/06/86 Copies available
(A321, R328, H2536)
AN ACT TO AMEND SECTION 40-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE POWERS OF THE BOARD OF PHARMACEUTICAL EXAMINERS, SO AS TO CHANGE
THE NAME TO THE BOARD OF PHARMACY, TO DELETE OBSOLETE PROVISIONS, AND TO
AUTHORIZE THE BOARD TO EXERCISE POWERS WITH RESPECT TO DRUG OUTLETS; TO AMEND
SECTION 40-43-100, RELATING TO DISPENSING OF DRUGS ONLY BY LICENSED PHARMACISTS,
SO AS TO REQUIRE EMERGENCY ROOM PHYSICIANS TO DISPENSE NOT MORE THAN A
SEVENTY-TWO HOUR SUPPLY OF LEGEND DRUGS TO MEET IMMEDIATE NEEDS AND TO REQUIRE
RECORDS OF DISPENSED DRUGS; TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO
THE DEFINITION OF PHARMACY, SO AS TO DEFINE "DRUG OUTLET",
"PHARMACY", AND "PRACTITIONER" AND TO PROVIDE THAT THIS
SECTION DOES NOT SUPERSEDE THE NURSING DISPENSING ACT; TO AMEND SECTION
40-43-370, RELATING TO THE REQUIREMENT THAT A PERMIT MUST BE OBTAINED FROM THE
BOARD TO OPERATE A PHARMACY, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE
EFFECTIVE DATE OF THE SECTION, TO CHANGE THE REFERENCES TO DRUG OUTLET AND BOARD
OF PHARMACY, TO ALLOW THE BOARD TO ISSUE SPECIAL PERMITS FOR LIMITED MEDICAL CARE
INSTITUTIONS AND TO PROVIDE THE CONDITIONS UNDER WHICH THE PERMITS MAY BE ISSUED,
TO REQUIRE EACH REGIONAL HEALTH SERVICE DISTRICT TO HAVE ONLY ONE PERMIT AND TO
PROVIDE THE RESPONSIBILITIES OF PHARMACISTS IN THE DISTRICTS, AND TO PROVIDE FOR
DISPENSING IN HOSPITAL PHARMACIES; TO AMEND CHAPTER 43 OF TITLE 40, AS AMENDED,
RELATING TO PHARMACISTS, BY ADDING SECTION 40-43-135, SO AS TO AUTHORIZE THE
BOARD TO ENFORCE THE PROVISIONS OF THIS CHAPTER, TO PROVIDE THE BOARD'S DUTIES
IN REGULATING THE PRACTICE OF PHARMACY AND THE OPERATION OF HOSPITAL INPATIENT
PHARMACIES AND DRUG OUTLETS, TO AUTHORIZE THE BOARD TO ORDER PERSONS TO REFRAIN
FROM VIOLATING THE PROVISIONS OF THIS CHAPTER AND TO APPLY FOR AN INJUNCTION TO
RESTRAIN THE PERSONS, AND TO PROVIDE EXEMPTIONS FROM REGULATIONS OF THE BOARD;
AND TO REPEAL SECTION 40-43-130, RELATING TO ADDITIONAL REGULATORY POWERS OF THE
BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
Powers of board
SECTION 1. Section 40-43-40 of the 1976 Code is amended to read:
"Section 40-43-40. The Board of Pharmacy alone possesses and shall
exercise all the powers with respect to the licenses of pharmacists and permits
for drug outlets."
Definitions
SECTION 2. Section 40-43-360 of the 1976 Code, as last amended by Act 663 of
1976, is further amended to read:
"Section 40-43-360. For the purposes of Sections 40-43-360 to 40-43-460,
'drug outlet' means any outlet for the sale, distribution, or dispensing of
drugs bearing the legend 'Caution - federal law prohibits dispensing without a
prescription', including, but not limited to, pharmacies (institutional or
community, public or private), nursing homes, hospitals, convalescent homes,
extended care facilities, family planning clinics, public or private health
clinics, infirmaries, wholesalers, correctional institutions, industrial health
clinics which possess legend drugs, mail order vendors, and manufacturers within
this State.
For the purposes of this section, medical practitioners dispensing drugs in the
treatment of their patients and pharmacists are not considered drug outlets. The
distribution of complimentary drug samples by manufacturer's representatives to
pharmacists licensed to dispense and to practitioners in this State who are
legally authorized to prescribe does not require a permit for a drug outlet
within the meaning of this chapter.
'Pharmacy' means any outlet dispensing drugs on the order of a practitioner
licensed to prescribe drugs. 'Practitioner' means a physician, dentist,
osteopath, podiatrist, or veterinarian licensed by any state or territory (other
than pharmacists engaged in the practice of pharmacy) to prescribe with regard
to drugs or devices in the course of professional practice or research. Nothing
in this section shall supersede the Nursing Dispensing Act."
Permit may be issued
SECTION 3. Section 40-43-370 of the 1976 Code is amended to read:
"Section 40-43-370. It is unlawful for any person to operate any drug
outlet within this State without having obtained a permit so to do from the Board
of Pharmacy.
The board may issue a special permit for a limited medical care institution
which must be based on special conditions of use imposed by the board. A policy
and procedure manual detailing the type and method of operation, hours of
operation, and the method of documentation of continuing pharmacist control shall
accompany the application for this permit. The issuance and continuation of
these permits are subject to compliance with the conditions set forth by the
board.
The application for all permits must be made on a form to be prescribed by the
board and accompanied by the required fee.
If it is desired to operate more than one drug outlet, separate applications
must be made and separate permits issued for each.
Regional health services districts operated by the South Carolina Department
of Health and Environmental Control are required to have only one permit for each
district. A pharmacist may supervise no more than two adjacent districts and has
full responsibility for drug distribution and dispensing in those districts.
Hospital pharmacies must be directed by a pharmacist who is knowledgeable in
the specialized functions of institutional pharmacy. For the purposes of
dispensing to hospital inpatients, a licensed pharmacist may supervise a number
of ancillary pharmacy personnel to be determined by the pharmacist in charge and
the hospital administrator."
Enforcement
SECTION 4. Chapter 43 of Title 40 of the 1976 Code is amended by adding:
"Section 40-43-135. The responsibility for the enforcement of the
provisions of this chapter is vested in the Board of Pharmacy. The board has all
of the duties, powers, and authority granted by and necessary to the enforcement
of this chapter. The board shall regulate the practice of pharmacy. Its duties
include, but are not limited to, determining the ethical and professional
competence, on a continuing basis, of pharmacists and for disciplining them and
the compounding, dispensing, and sale of drugs and the required recordkeeping for
the sale of drugs. However, the Board of Pharmacy's inspection authority over
the inpatient pharmacy of a hospital will only apply to recordkeeping activities
of drugs dispensed by the pharmacy. Further, the responsibility for inspections
of the hospital inpatient pharmacy is delegated to the Department of Health and
Environmental Control as part of its licensing process; provided, that these DHEC
inspections must be conducted by a licensed pharmacist.
The board shall regulate the operation of drug outlets including, but not
limited to, the compounding, manufacturing, sale, and distribution of drugs
bearing the legend 'Caution - federal law prohibits dispensing without a
prescription'. In so doing, the board shall make, publish, supervise, and
enforce regulations for the operation of drug outlets, including the operation
of pharmacies, the inspection of weights and measures used in the prescription
departments of pharmacies, the compounding, dispensing and sale of drugs,
medicines, poisons, and prescriptions, and the necessary recordkeeping. It shall
prescribe minimum standards for technical equipment, sanitation, reference
materials, and the currently dated inventory of drugs in all drug outlets.
When the board has reason to believe that any person is violating or intends
to violate any provisions of this chapter it may, in addition to all other
remedies, order the person to immediately refrain from the conduct. The board
may apply to the court of common pleas for an injunction restraining the person
from the conduct. The court may issue a temporary injunction ex parte and upon
notice and full hearing may issue any other order in the matter it considers
proper. No bond is required from the board by the court as a condition to the
issuance of any injunction or other action contemplated by the provisions of this
section.
Nothing in this section authorizes the board to make regulations concerning the
prices of goods or drugs sold by outlets, the hours that the businesses may be
operated, or the hours of work of the employees of the businesses."
Dispensing of drugs
SECTION 5. Section 40-43-100 of the 1976 Code is amended by adding at the end
of the paragraph:
"Physicians who are in charge or who directly supervise the operation of
emergency rooms shall dispense legend drugs in order to meet the immediate needs
of the patient. The amount dispensed shall not exceed an amount equal to a
seventy-two hour supply. Records of drugs dispensed shall be maintained."
Repeal
SECTION 6. Section 40-43-130 of the 1976 Code is repealed.
Time effective
SECTION 7. This act shall take effect upon approval by the Governor. |