Bill 346

                    Current Status

Bill Number:               346
Ratification Number:       211
Act Number                 151
Introducing Body:          Senate
Subject:                   Board of Pharmaceutical Examiners

(A151, R211, S346)

AN ACT TO REAUTHORIZE THE BOARD OF PHARMACEUTICAL EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-43-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR EXAMINATION AND LICENSING OF PHARMACISTS, SO AS TO DELETE THE FEE OF TEN DOLLARS REQUIRED FOR LICENSING OF PHARMACISTS AND AUTHORIZE THE BOARD TO SET BY REGULATION AN AMOUNT SUFFICIENT TO COVER THE COST AND ADMINISTRATION OF THE EXAMINATION; TO AMEND SECTION 40-43-230, AS AMENDED, RELATING TO THE RENEWAL OF LICENSES AND FEES FOR PHARMACISTS, SO AS TO DELETE THE FEE OF THIRTY-FIVE DOLLARS FOR A RENEWAL CERTIFICATE AND DELETE THE PROVISIONS WHICH PROVIDE FOR PENALTIES FOR PERSONS DEFAULTING FOR ONE OR MORE YEARS IN PAYING THE RENEWAL FEE, PROVIDE FOR THE MAILING OF LICENSE RENEWAL FORMS BY THE BOARD, PROVIDE FOR THE ASSESSMENT OF A LATE PENALTY FOR THE RENEWAL OF LICENSES, AND PROVIDE FOR THE REINSTATEMENT OF A LAPSED LICENSE; AND TO AMEND SECTION 40-43-390, RELATING TO APPLICATION FOR RENEWAL FOR A PERMIT FOR THE OPERATION OF A PHARMACY, SO AS TO MAKE CERTAIN GRAMMATICAL CORRECTIONS, CHANGING THE REFERENCES IN THE SECTION FROM "PHARMACY" TO "DRUG OUTLET".

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

Board reauthorized

SECTION 1. The Board of Pharmacy is reauthorized for six years.

Fee

SECTION 2. Section 40-43-70 of the 1976 Code is amended to read:

"Section 40-43-70. The fee for examining an applicant to be a licensed pharmacist must be set by regulation in an amount sufficient to cover the cost and administration of the examination."

License renewal

SECTION 3. Section 40-43-230 of the 1976 Code, as last amended by Section 13A, Part II of Act 540 of 1986, is further amended to read:

"Section 40-43-230. (A) License renewal forms must be mailed to the last known address of every person holding a current license as a pharmacist or an assistant pharmacist prior to December first of each year. The completed license renewal form, the license renewal fee, and any other documentation that may be required must be returned to the Board on or before January first of each year.

(B) Failure to renew a license by the required date, but before February first, shall result in the assessment of a fifty dollar penalty in addition to the renewal fee. After February first, a license which has not been renewed is considered a lapsed license. Any person who practices pharmacy with a license that has lapsed is considered as practicing without a license. Reinstatement of a lapsed license may be granted upon (1) evidence satisfactory to the Board of good and sufficient grounds for the failure to renew the license within the prescribed period, and (2) payment of the renewal fee and a penalty of fifty dollars."

Renewal permits

SECTION 4. Section 40-43-390 of the 1976 Code is amended to read:

"Section 40-43-390. Application blanks for renewal permits must be mailed by the Board to each permit holder on or before May first in each year, and if application for renewal is not made on or before the following first day of June, the existing permit shall lapse on the date of its expiration, and no renewal permit may be granted except: (a) upon evidence satisfactory to the Board of good and sufficient grounds for the failure to file the application within the prescribed period; and (b) upon payment of the renewal fee and a penalty of fifty dollars; however, before assessing any penalty, the Board shall determine that proper notice of the required time of permit renewal was given.

The Board is authorized, after notice and opportunity for hearing to revoke any permit when examination or inspection of the drug outlet shall disclose that the drug outlet is not being conducted according to law.

If any permit holder has obtained a permit to operate or maintain a drug outlet by misrepresentation or fraud, the Board shall cancel the permit to operate the drug outlet.

If the holder of a permit to operate a drug outlet is convicted in any state or federal court for violation of any of the laws relating to narcotic drugs, unlawful sale of intoxicating liquors, or the unlawful sale or disposition of drugs restricted to sale at retail on the prescription of a licensed physician, dentist, podiatrist, or veterinarian; or if any permit holder pleads guilty to or enters a plea of nolo contendere in any court of competent jurisdiction of a like violation, the Board may cancel the permit held by the permit holder.

The Board may revoke, suspend, or refuse to issue or renew the permit of any drug outlet for any of the following causes:

(1) failure to have or maintain the required qualifications, as prescribed by Public Health and Pharmacy Laws, for a permit to operate a drug outlet;

(2) failure to comply with state or federal laws relating to a drug outlet or the practice of pharmacy;

(3) permitting the license of a licensed pharmacist to be displayed in any drug outlet where the holder is not in actual and regular attendance;

(4) retaining as an employee any person who wilfully or habitually violates any of the state or federal laws applicable to a drug outlet or its operation."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.