S*0828(Rat #0346, Act #0251 of 2004)  General Bill, By Leatherman and Cromer
 AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG
 OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR
 PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY
 NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30,
 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER
 JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE
 OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED. - ratified title

   01/14/04  Senate Introduced and read first time SJ-6
   01/14/04  Senate Referred to Committee on Medical Affairs SJ-6
   03/11/04  Senate Committee report: Favorable Medical Affairs SJ-13
   03/15/04         Scrivener's error corrected
   03/16/04  Senate Read second time SJ-20
   03/17/04  Senate Read third time and sent to House SJ-35
   03/18/04  House  Introduced and read first time HJ-6
   03/18/04  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-6
   05/12/04  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-7
   05/19/04  House  Read second time HJ-40
   05/20/04  House  Read third time and enrolled HJ-47
   06/02/04         Ratified R 346
   06/17/04         Signed By Governor
   06/24/04         Copies available
   06/24/04         Effective date 06/17/04
   06/24/04         Act No. 251

(A251, R346, S828)

AN ACT TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.

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

Supervision of pharmacy technicians

SECTION    1.    Section 40-43-86(B)(4) of the 1976 Code, as amended by Act 314 of 2002, is further amended to read:

"(4)    The pharmacist-in-charge must be assisted by a sufficient number of licensed pharmacists and registered pharmacy technicians as may be required to competently and safely provide pharmacy services.

(a)    The pharmacist-in-charge shall maintain and file with the board of pharmacy, on a form provided by the board, a current list of all pharmacy technicians assisting in the provision of pharmacy services.

(b)    The pharmacist-in-charge shall develop and implement written policies and procedures to specify the duties to be performed by pharmacy technicians. The duties and responsibilities of these personnel shall be consistent with their training and experience. These policies and procedures shall, at a minimum, specify that pharmacy technicians are to be personally supervised by a licensed pharmacist who has the ability to control and who is responsible for the activities of pharmacy technicians and that pharmacy technicians are not assigned duties that may be performed only by a licensed pharmacist. One pharmacist may not supervise more than three pharmacy technicians at a time; through June 30, 2006, at least one of these three technicians must be state-certified, and after June 30, 2006, at least two of these three technicians must be state-certified. If a pharmacist supervises only one or two pharmacy technicians, these technicians are not required to be state-certified. Pharmacy technicians do not include personnel in the prescription area performing only clerical functions, including data entry up to the point of dispensing, as defined in Section 40-43-30(14).

(c)    For the purpose of dispensing by institutional pharmacies to institutional facility in-patients the pharmacist to technician ratio may not exceed a one to three employment ratio. The allowable employment ratio for a site is determined by comparing the number of pharmacists employed at the site to the number of pharmacy technicians employed at the site. The day to day operational pharmacist to technician personal supervision ratio is to be determined by the pharmacist-in-charge."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2004.

Approved the 17th day of June, 2004.