Current Status Introducing Body:
SenateBill Number: 254Ratification Number: 191Primary Sponsor: DrummondType of Legislation: GBSubject: Pharmacy BoardCompanion Bill Number: 3223Date Bill Passed both Bodies: 19930602Computer Document Number: 436/12777AC.93Governor's Action: VDate of Governor's Action: 19930616Introduced Date: 19930120Last History Body: SenateLast History Date: 19930625Last History Type: Veto sustainedAction on Governor's Veto: SScope of Legislation: StatewideAll Sponsors: DrummondType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 254 Senate 19930625 Veto sustained 254 ------ 19930616 Vetoed by Governor 254 ------ 19930610 Ratified R 191 254 House 19930602 Read third time, enrolled for ratification 254 House 19930601 Read second time 254 House 19930526 Committee Report: Favorable 27 254 House 19930323 Introduced, read first time, 27 referred to Committee 254 Senate 19930318 Read third time, sent to House 254 Senate 19930316 Read second time, notice of general amendments 254 Senate 19930311 Committee Report: Favorable 13 254 Senate 19930120 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
AN ACT 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:
Board of Pharmacy
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 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 nominate for appointment by the Governor one pharmacist to represent each congressional district. The election shall provide for participation by all pharmacists currently licensed and residing in the congressional district for which the nomination is being made. The pharmacists elected must be residents 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 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) Before January sixteenth in the year 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 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 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 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 the voter's signature certifying that the voter:
(1) is the person whose name appears on the statement;
(2) is eligible to vote in this election;
(3) has personally cast the ballot.
(D) All ballots must be mailed by the secretary before April second to the last known mailing address of all pharmacists residing in the congressional district for which the nomination is being made and must be returned to the secretary postmarked before May second and received by the office before May eleventh. The secretary of the board shall certify these ballots to be true and valid.
(E) Before June 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. The member, when appointed by the Governor, takes office the first of July of that year.
(F) If the nominee is judged unfit by the Governor, the board must be 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 a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member."
Pharmacy permit fees to be set in regulation
SECTION 2. Section 40-43-420 of the 1976 Code is amended to read:
"Section 40-43-420. The fees for a permit to open a new pharmacy and for the annual renewal of a permit to operate a pharmacy must be set by the board in regulation in accordance with the Administrative Procedures Act."
Temporary pharmacy permit fees
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.
In the Senate House _________________________________.
President of the Senate
Speaker of the House of Representatives
Approved the _______ day of __________________, 1993.
Printer's Date -- June 8, 1993 -- S.