S*0958(Rat #0371, Act #0340 of 2000)  General Bill, By Giese and Hayes
 A BILL TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY,
 SO AS TO FURTHER CLARIFY THE BOARD'S AUTHORITY TO ISSUE PERMITS; TO AMEND
 SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A
 PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM
 EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION
 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER
 STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED
 EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION
 40-43-86 RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS,
 FEES, AND DISPENSING DRUGS UNDER CERTAIN CIRCUMSTANCES, SO AS, RESPECTIVELY,
 TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING
 PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED
 PRACTITIONER, TO ESTABLISH FEES IN STATUTE RATHER THAN IN REGULATION, AND TO
 AUTHORIZE PHYSICIANS IN CHARGE OF ATHLETIC DEPARTMENT TRAINING ROOMS TO
 DISPENSE CERTAIN DRUGS OWNED BY THE FACILITY; TO AMEND SECTION 40-43-130
 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT
 CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL,
 TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION
 REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND
 SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND
 DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; TO AMEND
 SECTION 40-43-83 RELATING TO REQUIRING A PERMIT FOR THE SALE, DISTRIBUTION,
 POSSESSION, OR DISPERSING OF PRESCRIPTION

   12/07/99  Senate Prefiled
   12/07/99  Senate Referred to Committee on Medical Affairs
   01/11/00  Senate Introduced and read first time SJ-38
   01/11/00  Senate Referred to Committee on Medical Affairs SJ-38
   04/12/00  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-7
   04/13/00  Senate Amended SJ-32
   04/13/00  Senate Read second time SJ-32
   04/19/00  Senate Read third time and sent to House SJ-19
   04/25/00  House  Introduced and read first time HJ-7
   04/25/00  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-8
   05/17/00  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-6
   05/23/00  House  Amended HJ-26
   05/23/00  House  Read second time HJ-27
   05/24/00  House  Read third time and returned to Senate with
                     amendments HJ-9
   05/30/00  Senate Concurred in House amendment and enrolled SJ-61
   05/31/00         Ratified R 371
   06/06/00         Signed By Governor
   06/06/00         Effective date 06/06/00
   06/21/00         Copies available
   06/21/00         Act No. 340

AN ACT TO AMEND SECTION 40-43-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DUTIES OF THE STATE BOARD OF PHARMACY, SO AS TO FURTHER CLARIFY THE BOARD'S AUTHORITY TO ISSUE PERMITS; TO AMEND SECTION 40-43-80, AS AMENDED, RELATING TO REQUIREMENTS FOR LICENSURE AS A PHARMACIST, SO AS TO CONFORM TO NATIONAL STANDARDS BY ELIMINATING A MINIMUM EXAMINATION SCORE AND CHANGING THE REQUIRED EXAMINATIONS; TO AMEND SECTION 40-43-81 RELATING TO REQUIREMENTS FOR PHARMACIST LICENSE TRANSFER FROM ANOTHER STATE, SO AS TO CONFORM TO NATIONAL STANDARDS BY CHANGING THE REQUIRED EXAMINATION AND REQUIRING AN INTERVIEW WITH THE BOARD; TO AMEND SECTION 40-43-86 RELATING TO, AMONG OTHER THINGS, UNLAWFUL CONDUCT FOR PHARMACISTS, FEES, AND DISPENSING DRUGS UNDER CERTAIN CIRCUMSTANCES, SO AS, RESPECTIVELY, TO ESTABLISH A CRIMINAL PENALTY FOR POSSESSING, DISPENSING, OR DISTRIBUTING PRESCRIPTION DRUGS OR DEVICES EXCEPT ON A PRESCRIPTION OF A LICENSED PRACTITIONER, TO ESTABLISH FEES IN STATUTE RATHER THAN IN REGULATION, AND TO AUTHORIZE PHYSICIANS IN CHARGE OF ATHLETIC DEPARTMENT TRAINING ROOMS TO DISPENSE CERTAIN DRUGS OWNED BY THE FACILITY; TO AMEND SECTION 40-43-130 RELATING TO CONTINUING EDUCATION FOR PHARMACISTS, SO AS TO REQUIRE A STATEMENT CERTIFYING COMPLETION OF CONTINUING EDUCATION AT THE TIME OF LICENSE RENEWAL, TO REQUIRE THE BOARD TO RANDOMLY AUDIT LICENSEES, AND TO REVISE DOCUMENTATION REQUIRED FOR A POST GRADUATE STUDY WAIVER FROM CONTINUING EDUCATION; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO INVESTIGATIONS, HEARINGS, AND DISCIPLINARY ACTIONS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE; TO AMEND SECTION 40-43-83 RELATING TO REQUIRING A PERMIT FOR THE SALE, DISTRIBUTION, POSSESSION, OR DISPERSING OF PRESCRIPTION DRUGS, SO AS TO EXTEND THIS PERMIT REQUIREMENT TO ENTITIES OUTSIDE OF THIS STATE; AND TO REPEAL SECTION 40-43-100 RELATING TO THE FREQUENCY FOR GIVING THE PHARMACIST LICENSURE EXAMINATION.

Be it enacted by the General Assembly of the State of South Carolina:

Board responsibilities

SECTION 1. Section 40-43-60(D)(9) of the 1976 Code, as last amended by Act 366 of 1998, is further amended to read:

"(9) license in accordance with this chapter pharmacists who shall practice in this State and permit all facilities which possess or dispense drugs in this State, except as provided in subsections (H) and (I) of this section, and as otherwise provided for in this chapter and except as to those entities and persons authorized to obtain and possess drugs pursuant to Section 47-3-420(A)(1)(i) and to suspend, revoke, or cancel a license or permit in accordance with law;"

Requirements for licensure

SECTION 2. Section 40-43-80 of the 1976 Code, as last amended by Act 366 of 1998, is further amended to read:

"Section 40-43-80. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

(1) have submitted a written application in the form prescribed by the Board of Pharmacy;

(2) have received a Bachelor of Science in pharmacy or Doctor of Pharmacy degree from an accredited college or school of pharmacy or department of pharmacy of a university which is recognized by the board, the recognition to be established by the board on the basis of uniform and reasonable standards of educational requirements to be observed by a school or college of pharmacy or department of pharmacy of a university or have received the Foreign Pharmacy Graduate Equivalency Certification. The accrediting agency may include, but is not limited to, the American Council on Pharmaceutical Education. The school or college of pharmacy or department of pharmacy of universities referred to in this item must be examined and inspected by the Board of Pharmacy of South Carolina or its accrediting agency and approved by the board periodically to see that the school or college of pharmacy of the universities comply with the standards of the board and its accrediting agency as to the purpose of the college, the faculty, teaching load, size of classes, curriculum, and degrees, admission requirements, attendance, promotion and graduation, student load, instruction, library, administration, finance, physical plant, extra curricular activities, miscellaneous factors, and annual progress report.

(3) have completed an internship or other program that has been approved by the Board of Pharmacy or demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;

(4) have successfully passed the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE);

(5) have paid all the appropriate fees."

License transfer requirements

SECTION 3. Section 40-43-81 of the 1976 Code, as added by Act 366 of 1998, is amended to read:

"Section 40-43-81. (A) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall:

(1) have submitted a written application in the form prescribed by the Board of Pharmacy;

(2) have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this State;

(3) have presented to the board proof of initial licensure by examination and proof that such license is in good standing;

(4) have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy;

(5) have paid the fees specified by the board;

(6) have passed the Multistate Pharmacy Jurisprudence Examination; and

(7) be interviewed by members of the board.

(B) No applicant is eligible for license transfer unless the state in which the applicant was initially licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this State, under like circumstances and conditions."

Criminal penalty

SECTION 4. Section 40-43-86(EE) of the 1976 Code, as added by Act 76 of 1999, is amended by adding at the end:

"A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both."

Continuing education

SECTION 5. Section 40-43-130(E) and (F) of the 1976 Code, as added by Act 366 of 1998, are amended to read:

"(E) A statement certifying completion of the required continuing education must be submitted as a part of the annual license renewal application, and no renewal of an active license may be issued without the certification. The board shall conduct an audit of continuing education credits of ten percent of the licensees, randomly selected, of the total number of active pharmacists.

(F) An exemption may be granted by the board for pharmacists enrolled in an approved pharmacy postgraduate degree program. Application must be made to the board and a current official transcript must be submitted to the board."

Surrender of license required

SECTION 6. Section 40-43-150(D) of the 1976 Code, as last amended by Act 366 of 1998, is further amended to read:

"(D) A licensee or permittee who is under investigation for any of the grounds provided for in Section 40-1-110 for which the board may take disciplinary action must voluntarily surrender his license or permit to the board in accordance with Section 40-1-150."

Dispensing and distribution of certain drugs

SECTION 7. Section 40-43-60(I) and (J) of the 1976 Code, as last amended by Act 366 of 1998, is further amended to read:

"(I) This chapter does not require a permit of or prevent a licensed practitioner as defined under Section 40-43-30(45) from dispensing drugs or devices that are the lawful property of the practitioner or a partnership or corporate entity which is fully owned by licensed practitioners. Drugs or medicine dispensed must comply with the labeling requirements of state and federal laws and regulations.

(J) The possession of complimentary drug samples intended for distribution, and stock bottles and legend devices intended for remuneration or demonstration by manufacturer's representatives as allowed by the federal Food and Drug Administration and the actual distribution of them to pharmacists licensed to dispense and to practitioners in this State who are legally authorized to prescribe does not require a permit within the meaning of this chapter."

Permit required

SECTION 8. Section 40-43-83(I) of the 1976 Code, as added by Act 366 of 1998, is amended to read:

"(I) A permit is required for the sale, distribution, possession, 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, mail order vendors, and manufacturers within or outside this State."

Fees

SECTION 9. Section 40-43-86(BB) of the 1976 Code, as added by Act 366 of 1998, is amended to read:

"(BB) Applicants and licensees must pay fees for new and renewed permits, licenses, registrations, and certifications. Fees shall be established and adjusted, as provided by Section 40-1-50. Among other things provided in this chapter, fees may be established by regulation and assessed for a:

(1) new pharmacy permit for renewal;

(2) new nondispensing drug outlet permit or permit renewal;

(3) new medical gases or legend devices drug outlet permit or permit renewal;

(4) new nonresident pharmacy permit or permit renewal;

(5) new out-of-state wholesale distributor permit or permit renewal;

(6) relocation permit within the same city;

(7) six-year intern certificate;

(8) application for complete licensure examination;

(9) application for licensure by score transfer;

(10) application for licensure by licensure transfer;

(11) pharmacist's license or license renewal; and

(12) pharmacy technician registration or registration renewal."

Physicians authorized to dispense drugs in certain settings

SECTION 10. Section 40-43-86(X) of the 1976 Code, as added by Act 366 of 1998, is amended to read:

"(X)(1) Physicians who are in charge or who directly supervise the operation of emergency rooms may dispense legend drugs in order to meet the immediate needs of the patient. The amount dispensed may not exceed an amount equal to a seventy-two hour supply. Records of drugs dispensed must be maintained. A valid physician-patient relationship shall exist between the emergency room physician and the patient before dispensing legend drugs in the emergency room.

(2) Physicians who are in charge of or who directly supervise the operation of college and university athletics department training rooms may dispense in the training room prescription drugs owned by the facility in order to meet the needs of the student-athletes participating in athletic department activities or programs. College and university athletic departments are exempt from Section 40-43-83, as it relates to the Board of Pharmacy and the requirement that each pharmacy must have a pharmacist-in-charge. Records of drugs dispensed must be maintained and properly accounted for by the athletic department physician. A valid physician-patient relationship must exist between the athletics department physician and the student-athlete before dispensing prescription drugs in the athletics department training room. Drugs dispensed by the athletic department physician must be properly labeled in accordance with federal and state law."

Repeal

SECTION 11. Section 40-43-100 of the 1976 Code is repealed.

Time effective

SECTION 12. This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2000.

Approved the 6th day of June, 2000.