H 3223 Session 110 (1993-1994)
H 3223 General Bill, By Kirsh, Bailey, J. Brown and D.C. Waldrop
Similar(S 254, S 1120, H 4630)
A Bill to amend Section 40-43-10, Code of Laws of South Carolina, 1976,
relating to the State Board of Pharmacy, so as to provide that congressional
nominees for appointment to the Board by the Governor must be elected by
pharmacists residing in that district; to amend Section 40-43-420, relating to
pharmacy fees, so as to provide that these fees must be set in regulation; to
provide that certain fees are in effect until they are set in regulation; to
repeal Section 40-43-480, relating to funding in the 1986 Appropriations Act;
and to reauthorize the State Board of Pharmacy for six years.
01/20/93 House Introduced and read first time HJ-17
01/20/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-17
05/25/93 House Tabled in committee
A BILL
TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE STATE BOARD OF
PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL
DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY
THE GOVERNOR MUST BE ELECTED BY PHARMACISTS
RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420
RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT
THESE FEES MUST BE SET IN REGULATION; TO PROVIDE
THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN
REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO
FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO
REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX
YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-43-10 of the 1976 Code is amended to read:
"Section 40-43-10. (A) There is created the
State Board of Pharmacy (board) to be composed of eight
members, one of whom must be a lay member from the State at large,
one of whom must be a pharmacist from the State at large, and six of
whom must be pharmacists representing each of the six congressional
districts.
(B) The pharmacist at large and the lay member
must be appointed by the Governor with the advice and consent of the
General Assembly, and serve conterminously with the
appointing Governor and until their successors are
appointed and qualify. The board shall conduct an election to
select nominate for appointment by the Governor one
pharmacist to represent each congressional district to be appointed
by the Governor. The election shall provide for participation by all
pharmacists currently licensed and residing in South Carolina
the congressional district for which the nomination is being
made. The pharmacists elected must be residents of this State
and of the congressional district they represent, licensed,
and in good standing to practice pharmacy in this State, and
actively engaged in the practice of pharmacy in this State. The
elected members of the board representing the six
congressional districts shall serve for terms of six years and until
their successors are appointed and qualify. No member may
serve more than two successive terms of office except that a member
serving an unexpired term may be reelected and reappointed for two
successive terms.
(C) On or before the fifteenth of Before
January sixteenth in a the year that a
vacancy in the elected members of the board occurs, any in
which the term expires for a member representing a congressional
district, a qualified pharmacist desiring to be a candidate for the
board must submit a biography, a photograph, and a petition bearing the
signatures of a minimum of fifteen pharmacists practicing in his
that pharmacist's congressional district to the secretary of the
board. The secretary shall prepare ballots for mailing to all pharmacists
licensed and residing in this State the congressional district
for which the nomination is being made. The ballots must be in a
form so as to make tabulation quick and easy. It and
shall contain the names of the nominees in alphabetical order.
Enclosures to accompany the ballots shall include the envelope in which
the ballot is to be sealed and an envelope addressed to the secretary of
the board. The addressed envelope shall contain a statement headed
`information required' on which must be typed or printed the name of the
voter, and a space for his the voter's
signature certifying to a statement that the voter:
(1) He is in fact the person whose name appears on
the statement;
(2) He is eligible to vote in this election;
(3) He has personally cast the ballot.
(D) All ballots must be mailed out by the secretary
before April second to the last known mailing address
of all pharmacists residing in this State not later than the first of
April to their last known mailing address the congressional
district for which the nomination is being made and must be
returned to the secretary postmarked not later than the first of
before May second and received by the office not
later than the tenth of before May eleventh. The
secretary of the board shall certify these ballots to be true and valid.
(E) No later than Before June first
second, the board shall certify in writing to the Governor the
name of the person winning the election and the name of the person the
nominee replaces on the board, and the. The member,
when appointed by the Governor, shall take takes office
the first of July of that year.
(F) If the nominee is judged unfit by the Governor, the board
must be so informed and other nominees must be submitted in
like manner.
(G) Vacancies must be filled in the manner of the original
appointment for the unexpired portion of the term.
(H) The Governor may remove any a
member of the board who has been is guilty of
continued neglect of his board duties or who is found
to be incompetent, unprofessional, or dishonorable. No member may be
removed without first giving him the member an
opportunity to refute the charges filed against him that
member."
SECTION 2. Section 40-43-420 of the 1976 Code is amended to read:
"Section 40-43-420. The fee fees for a permit
to open a new pharmacy is one hundred dollars and for the
annual renewal of a permit to operate a pharmacy the fee is fifty
dollars must be set by the board in regulation in accordance with
the Administrative Procedures Act."
SECTION 3. The following fees are in effect until these fees are set in
regulation promulgated by the State Board of Pharmacy pursuant to the
Administrative Procedures Act:
(1) one hundred dollars for a permit to open a new pharmacy;
(2) fifty dollars for the annual renewal of a permit to operate a
pharmacy.
SECTION 4. Section 40-43-480 of the 1976 Code is repealed.
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code the
existence of the State Board of Pharmacy is reauthorized for six years.
SECTION 6. This act takes effect upon approval by the Governor.
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