S*854 Session 107 (1987-1988)
S*0854(Rat #0626, Act #0548 of 1988) General Bill, By J.V. Smith
A Bill to amend Sections 40-43-50, 40-43-60, 40-43-80, 40-43-90, 40-43-100,
40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160,
40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380,
40-43-410, and 40-43-460, Code of Laws of South Carolina, 1976, relating to
pharmacists, so as to change the name of the Board of Pharmaceutical Examiners
to the Board of Pharmacy, provide for fifteen hundred hours of practical
experience, provide for supervising pharmacists, authorize pharmacy intern
certificates, prohibit temporary licenses, revise the requirements for
reciprocal licenses, change the references to drugstore to drug outlet,
provide for qualified persons to dispense prescriptions, provide for
pharmacists to be licensed instead of registered, provide for the continuing
education of pharmacists, provide for prescriptions for "dangerous drugs",
provide for the selling of poisons, delete the provision providing for the
Chapter not to apply to external or internal use preparations containing not
more than five percent or three percent of sulfonamides, provide for
notification of employment changes within ten days of the change, provide for
registering of drug outlets and pharmacists, provide for appointment and
duties of the Chief Drug Inspector, and provide for the issuance of permits;
to amend the 1976 Code by adding Section 40-43-235 so as to require a
pharmacist or assistant pharmacist to notify the Board of any change of
address; and to repeal Section 40-43-170 relating to labels for poisons,
Section 40-43-220 relating to the kinds of drugs and poisons sold by
merchants, Section 40-43-290 relating to the payment of drug inspectors,
Section 40-43-310 relating to the disposition of fees collected by the Board,
Section 40-43-340 relating to the annual report of the Pharmaceutical
Association, Section 40-43-350 relating to terms in the Chapter, Section
40-43-450 relating to permits to open a new pharmacy, and Section 40-43-470
relating to fees and employees' salaries.-amended title
06/03/87 Senate Introduced and read first time SJ-2593
06/03/87 Senate Referred to Committee on Medical Affairs SJ-2594
03/23/88 Senate Committee report: Favorable with amendment
Medical Affairs SJ-17
03/24/88 Senate Amended SJ-39
03/24/88 Senate Read second time SJ-50
03/24/88 Senate Ordered to third reading with notice of
amendments SJ-50
04/07/88 Senate Read third time and sent to House SJ-7
04/12/88 House Introduced and read first time HJ-2615
04/12/88 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2616
05/04/88 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-3520
05/11/88 House Debate adjourned until Thursday, May 12, 1988 HJ-3694
05/12/88 House Read second time HJ-3716
05/17/88 House Read third time and enrolled HJ-3813
05/24/88 Ratified R 626
05/29/88 Signed By Governor
05/29/88 Effective date 05/29/88
05/29/88 Act No. 548
06/14/88 Copies available
(A548, R626, S854)
AN ACT TO AMEND SECTIONS 40-43-50, 40-43-60, 40-43-80, 40-43-90, 40-43-100,
40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160,
40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380,
40-43-410, AND 40-43-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS
TO THE BOARD OF PHARMACY, PROVIDE FOR FIFTEEN HUNDRED HOURS OF PRACTICAL
EXPERIENCE, PROVIDE FOR SUPERVISING PHARMACISTS, AUTHORIZE PHARMACY INTERN
CERTIFICATES, PROHIBIT TEMPORARY LICENSES, REVISE THE REQUIREMENTS FOR RECIPROCAL
LICENSES, CHANGE THE REFERENCES TO DRUGSTORE TO DRUG OUTLET, PROVIDE FOR
QUALIFIED PERSONS TO DISPENSE PRESCRIPTIONS, PROVIDE FOR PHARMACISTS TO BE
LICENSED INSTEAD OF REGISTERED, PROVIDE FOR THE CONTINUING EDUCATION OF
PHARMACISTS, PROVIDE FOR PRESCRIPTIONS FOR "DANGEROUS DRUGS", PROVIDE
FOR THE SELLING OF POISONS, DELETE THE PROVISION PROVIDING FOR THE CHAPTER NOT
TO APPLY TO EXTERNAL OR INTERNAL USE PREPARATIONS CONTAINING NOT MORE THAN FIVE
PERCENT OR THREE PERCENT OF SULFONAMIDES, PROVIDE FOR NOTIFICATION OF EMPLOYMENT
CHANGES WITHIN TEN DAYS OF THE CHANGE, PROVIDE FOR REGISTERING OF DRUG OUTLETS
AND PHARMACISTS, PROVIDE FOR APPOINTMENT AND DUTIES OF THE CHIEF DRUG INSPECTOR,
AND PROVIDE FOR THE ISSUANCE OF PERMITS; TO AMEND THE 1976 CODE BY ADDING SECTION
40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE
BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTION 40-43-170 RELATING TO
LABELS FOR POISONS, SECTION 40-43-220 RELATING TO THE KINDS OF DRUGS AND POISONS
SOLD BY MERCHANTS, SECTION 40-43-290 RELATING TO THE PAYMENT OF DRUG INSPECTORS,
SECTION 40-43-310 RELATING TO THE DISPOSITION OF FEES COLLECTED BY THE BOARD,
SECTION 40-43-340 RELATING TO THE ANNUAL REPORT OF THE PHARMACEUTICAL
ASSOCIATION, SECTION 40-43-350 RELATING TO TERMS IN THE CHAPTER, SECTION
40-43-450 RELATING TO PERMITS TO OPEN A NEW PHARMACY, AND SECTION 40-43-470
RELATING TO FEES AND EMPLOYEES' SALARIES.
Be it enacted by the General Assembly of the State of South Carolina:
Hours of practical experience; certificates; fees
SECTION 1. The second paragraph of Section 40-43-50 of the 1976 Code is amended
to read:
"Applicants shall furnish proof of attendance at the school, college, or
department of pharmacy from which the applicant is a graduate. All applicants
for licensure by examination also shall obtain a total of one thousand, five
hundred hours of practical experience in the practice of pharmacy under terms and
conditions as the board determines. The board shall establish standards for
internship or any other program necessary to qualify an applicant for the
licensure examination and also shall determine the necessary qualifications of
any supervising pharmacist or preceptor used in any internship or other program.
The board may issue pharmacy intern certificates to qualified candidates and set
a fee for the certificate by regulation."
Board of Pharmacy
SECTION 2. Section 40-43-60 of the 1976 Code is amended to read:
"Section 40-43-60. After June 30, 1956, the Board of Pharmacy may not
examine or license any person within this State as an assistant pharmacist.
Nothing in this section may be construed as preventing any person holding a
license as an assistant pharmacist on July 1, 1956, from continuing to practice
within this State."
Temporary license
SECTION 3. Section 40-43-80 of the 1976 Code is amended to read:
"Section 40-43-80. The Board of Pharmacy may not issue a temporary
license."
Reciprocity; fees
SECTION 4. Section 40-43-90 of the 1976 Code is amended to read:
"Section 40-43-90. The Board of Pharmacy may issue a license as a
pharmacist to any person who furnishes with his application satisfactory proof
that he has been licensed by examination in some other state requiring at the
time of the licensure a degree of competency equal to that required of an
applicant in this State at that time. The fee for reciprocity must be set by the
board by regulation."
Drug outlets; dispense of prescriptions
SECTION 5. The first paragraph of Section 40-43-100 of the 1976 Code is amended
to read:
"It is unlawful for the permit holder of any drug outlet to allow any
person not qualified in accordance with the provisions of this chapter to
dispense prescriptions of licensed practitioners authorized to prescribe, except
under the personal supervision of a licensed pharmacist. Nothing in this chapter
may be construed as intending to hinder or prohibit any physician, dentist,
podiatrist, or veterinarian lawfully engaged in the practice of his profession
anywhere within this State from dispensing his own medicines."
Licensed pharmacists; drugstore deleted
SECTION 6. Section 40-43-110 of the 1976 Code is amended to read:
"Section 40-43-110. No licensed pharmacist may have personal supervision
of more than one pharmacy at the same time."
Licensed pharmacists; drugstore deleted
SECTION 7. Section 40-43-120 of the 1976 Code is amended to read:
"Section 40-43-120. An assistant pharmacist may take charge of a pharmacy
during the temporary absence of the licensed pharmacist but may not own, conduct,
or operate a pharmacy unless he employs a licensed pharmacist and places him in
active charge of all professional duties connected with the proper and lawful
conduct of the business. The board shall promulgate regulations clearly defining
temporary absence."
Continuing education
SECTION 8. The first paragraph of Section 40-43-135 of the 1976 Code is amended
to read:
"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
through continuing education, 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's inspection authority over the inpatient
pharmacy of a hospital applies only 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. These inspections must
be conducted by a licensed pharmacist."
Licensed pharmacists; board; drugstore deleted; permit holder
SECTION 9. Section 40-43-140 of the 1976 Code is amended to read:
"Section 40-43-140. It is unlawful for anyone, except a licensed
pharmacist under this chapter who conforms to the regulations of the Board of
Pharmacy:
(a) to take, use, or exhibit the title 'Pharmacist', 'Druggist', 'Pharmacy',
'Drugstore', 'Drugs', 'Prescriptions', or any other title, sign, display, or
declaration that would tend to lead the public to believe that the person was
engaged in the business of selling, compounding, or dispensing any medicinal
drugs, medicinal chemicals, pharmaceutical preparations, or biologicals; or
(b) to have charge of, engage in, or carry on, for himself or another, the
dispensing, compounding, or sale of any medicinal drugs, medicinal chemicals,
pharmaceutical preparations, or biologicals anywhere within this State.
Except as prescribed by the provisions of this chapter, it is unlawful for any
person to practice as a licensed pharmacist or to advertise or represent himself
by any title, sign, display, declaration, or otherwise to be such or to engage
in, conduct, carry on, or be employed in the dispensing, compounding, or
retailing of any medicinal drugs, medicinal chemicals, pharmaceutical
preparations, or biologicals within this State.
This section must not be construed as precluding any person from owning or
being a permit holder for a pharmacy, if all of the dispensing, compounding, and
retailing of medicinal drugs, medicinal chemicals, pharmaceutical preparations,
and biologicals in it are under the supervision and direction of a licensed
pharmacist.
Any person violating this section is guilty of a misdemeanor and, upon
conviction, must be punished as provided by this chapter."
Dangerous drugs; licensed pharmacists; drug outlets
SECTION 10. Section 40-43-150 of the 1976 Code is amended to read:
"Section 40-43-150. It is unlawful for any person to sell, give away,
barter, exchange, distribute, or possess in the State, except on a prescription
of a licensed physician, medical or osteopathic, podiatrist, dentist, or
veterinarian any drug bearing on its manufacturer's or distributor's original
commercial container the legend, 'CAUTION: Federal law prohibits dispensing
without a prescription' and those which, in the discretion of the Board of
Pharmacy, are classified as 'dangerous drugs' within the meaning of this section.
The prescription must be compounded only by a licensed pharmacist, licensed
assistant pharmacist, or under the direct personal supervision of a licensed
pharmacist. No prescription may be refilled except upon the authorization of a
licensed physician, medical or osteopathic, podiatrist, dentist, or veterinarian
who prescribed it.
The provisions of this section do not apply to the sale at wholesale by
recognized drug jobbers or wholesalers or drug manufacturers to pharmacists or
drug outlets or licensed physicians, medical or osteopathic, podiatrists,
dentists, or veterinarians qualified to practice their professions according to
the laws of this State, nor to the sale by pharmacists in drug outlets to one
another. The provisions of this section apply to the sale by any manufacturer,
wholesaler, or retailer to any person other than those legally qualified and
authorized to purchase and hold them for resale in this State."
Licensed pharmacists
SECTION 11. Section 40-43-155 of the 1976 Code is amended to read:
"Section 40-43-155. Licensed pharmacists may sell pharmaceutical agents,
other than controlled substances as defined in Section 44-53-110, to optometrists
who are certified by the South Carolina Board of Examiners in Optometry to
purchase, possess, and administer these agents for the purpose of topically
applying the agents to the eye for diagnostic purposes. In this section,
'pharmaceutical agent' means anesthetics, mydriatics, cycloplegics, miotics,
dyes, and over-the-counter drugs."
Nonlegend poisons; quantity of poison; Board of Pharmacy
SECTION 12. Section 40-43-160 of the 1976 Code is amended to read:
"Section 40-43-160. Every pharmacist or other person selling any
nonlegend poison must be satisfied that the purchase is made for legitimate
purposes and keep a book on file in which must be recorded every sale of the
following articles: arsenic and its preparations, all metallic cyanides and
cyanides of potassium, tartar emetic, corrosive sublimate, aconite and its
preparations, strychnine and all other poisonous alkaloids, and their salts, and
hydrocyanic acid. The record must exhibit the name of the person to whom the
poison was sold, his place of residence, quantity of poison sold, and the purpose
of purchase as stated. The book or file must be kept at all times subject to
inspection of the coroner of the county and the solicitor or inspector of the
Board of Pharmacy or any other person as either of them may designate.
These above-named poisons, and oxalic acid, chloroform, or any other poisonous
articles that may be added to the list by the board, must be securely labeled
'POISON' when sold in the drug outlet.
Nothing in this section may be construed to apply to the filling of
prescriptions made by physicians."
Nonapplication
SECTION 13. Section 40-43-210 of the 1976 Code is amended to read:
"Section 40-43-210. Nothing in this chapter applies to the manufacture
or sale, at wholesale or retail, of packaged, bottled, or nonbulk chemicals,
drugs, medicines, medical and dental supplies, cosmetics, and dietary foods when
identified by and sold under a trademark, trade name, or other trade symbol
privately owned or registered in the United States Patent Office, sold, or
offered for sale to the general public, if the articles meet the requirements of
the Federal Food, Drug and Cosmetic Act.
This chapter does not apply to the manufacture or sale, at wholesale or retail,
of insecticides, fungicides, rodenticides, weed killers, detergents, or commonly
used household chemicals of a nonmedical nature."
Licensed pharmacists; drug outlets; notification
SECTION 14. Section 40-43-240 of the 1976 Code is amended to read:
"Section 40-43-240. Whenever any licensed pharmacist in the employ of or
in charge of the pharmaceutical duties of a drug outlet within this State leaves
the employ of or ceases to have charge of the pharmaceutical duties of the drug
outlet, he shall notify the secretary of the board in writing within ten days of
the change, giving the name and address of the drug outlet in which his services
have terminated. Whenever any licensed pharmacist within this State makes any
change in his employment from one drug outlet to another, he shall notify the
secretary of the board of the change within ten days, listing the name and
address of the drug outlet in which he was last employed, and to which he expects
to move."
Register of drug outlets and pharmacists
SECTION 15. Section 40-43-250 of the 1976 Code is amended to read:
"Section 40-43-250. The board shall establish and maintain a register of
all drug outlets including, but not limited to, the name, address, both mailing
and actual location, telephone number, the individual named as permit holder, the
pharmacists-in-charge or consultant pharmacist and all pharmacists and assistant
pharmacists employed at the location, and any other pertinent information.
The board shall maintain a register of all pharmacists and assistant
pharmacists licensed in this State including, but not limited to, the name of the
person licensed, license number, current place of employment, current mailing and
home addresses, and any other pertinent information."
Board; chief drug inspector
SECTION 16. Section 40-43-280 of the 1976 Code is amended to read:
"Section 40-43-280. On July first in every presidential election year the
Governor, upon the recommendation of a majority of the Board of Pharmacy, shall
appoint and commission a chief drug inspector, who must be a licensed pharmacist
and continues in office at the discretion of the board. The chief drug inspector
is the executive director of the board and qualifies by taking the usual oath of
office."
Inspector's duties
SECTION 17. Section 40-43-300 of the 1976 Code is amended to read:
"Section 40-43-300. The chief drug inspector or his designee, who must
be an employee of the Board of Pharmacy, shall visit annually all of the drug
outlets in this State and inspect them to see that the laws relating to the
licensing of pharmacists and assistant pharmacists are obeyed and to see that all
of the provisions of this chapter are obeyed and carried out by the drug outlets,
pharmacists, and assistant pharmacists of this State. If any violation of this
chapter is discovered, the inspector either shall require the pharmacist,
assistant pharmacist, or permit holder of the drug outlet in default immediately
to correct the violation or shall prosecute the offender under the law, using his
discretion after consulting with the board if considered necessary. The inspector
or his designee may swear out warrants for offenders who violate the provisions
of this chapter."
Board; violations
SECTION 18. Section 40-43-330 of the 1976 Code is amended to read:
"Section 40-43-330. The Board of Pharmacy, through its solicitor or chief
drug inspector, or otherwise, as may be most expedient, may prosecute all persons
violating the provisions of this chapter."
Drug outlets; inspections; permits
SECTION 19. Section 40-43-380 of the 1976 Code is amended to read:
"Section 40-43-380. On evidence satisfactory to the board (a) that the
drug outlet for which the permit is sought will be conducted in full compliance
with the statutory laws pertaining to pharmacy; and (b) if the drug outlet is a
pharmacy, that the pharmacy constantly will be under the personal and immediate
supervision of a licensed pharmacist, or assistant pharmacist, as prescribed by
Section 40-43-120, a permit must be issued to persons the board considers
qualified to conduct the drug outlet, after an inspection of the premises of the
proposed drug outlet by a board inspector.
If an application is refused, the board shall notify the applicant in writing
of its decision and the reasons for its decision.
Permits issued under the provisions of Sections 40-43-360 to 40-43-460 must be
displayed in a conspicuous place in the drug outlet for which it was issued. The
permits are not transferable, expire on the last day of June following the date
of issue, and must be renewed annually."
Board; drug outlets; appeals
SECTION 20. Section 40-43-410 of the 1976 Code is amended to read:
"Section 40-43-410. Any person to whom the Board of Pharmacy has refused
to issue a permit, or whose permit has been revoked, suspended, or canceled, may
appeal from the decision and order of the board to the circuit court of the
county in which the drug outlet is or is intended to be located, at any time
within thirty days after the date of the receipt of the action taken by the
board.
The circuit court has the power to reverse, modify in any particular, or to
affirm any decision and order and to make both findings of fact and law in
reference to the decision and order.
No order of revocation, suspension, or cancellation of a permit is effective
until the decision and order become final."
Drug outlets; number of pharmacists
SECTION 21. Section 40-43-460 of the 1976 Code is amended to read:
"Section 40-43-460. The number of pharmacists in any given area must not
be considered nor may competition among drug outlets be considered by the board
in determining whether or not to grant a permit or to revoke, suspend, or cancel
a permit."
Address changes
SECTION 22. The 1976 Code is amended by adding:
"Section 40-43-235. Whenever any currently licensed pharmacist or
assistant pharmacist changes his mailing address, the board must be notified in
writing within ten days, listing his name, license number, and new mailing
address."
Repeals
SECTION 23. Sections 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340,
40-43-350, 40-43-450, and 40-43-470 of the 1976 Code are repealed.
Time effective
SECTION 24. This act takes effect upon approval by the Governor. |