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South Carolina Pharmacy Practice Act

South Carolina · Professions and Occupations · §§ 40-43-10 to 40-43-91 · 37 sections

Overview

The act regulates the practice of pharmacy and the distribution of drugs, establishing licensing and permit requirements for pharmacies, wholesale drug distributors, out-of-state and specialty pharmacies, and nuclear pharmacy operations, together with minimum operating standards and duties covering dispensing, labeling, recordkeeping, and notification of significant events. It vests a regulatory board with rulemaking authority and with power to inspect records, investigate applicants and licensees, and refuse, limit, suspend, or revoke licenses, and it prescribes penalties for violations along with a duty to prosecute them. It also authorizes prescribers and pharmacists to supply certain emergency medications for use in schools and extends liability protection for doing so, governs the sale of listed poisons, sets out audit rights and an appeals process for pharmacies subject to review, and requires registration and oversight of prescription discount program administrators.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 10 court decisions.

Most-cited authority: 535 U.S. 357 - Thompson Secretary of Health and Human Services v. Western States Medical Center et al.

Sections covered

  • S.C. Code Ann. § 40-43-10Short title; purpose of chapter; severability3 cites
  • S.C. Code Ann. § 40-43-110License expiration; license renewals; lapsed licenses
  • S.C. Code Ann. § 40-43-130Continuing education; topics; hours; carry over of hours; exemption period following examination; certificate of completion; authority to grant exemption for postgraduate degree work
  • S.C. Code Ann. § 40-43-140Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter1 cite
  • S.C. Code Ann. § 40-43-150Procedures for investigations, hearings, injunctive actions, and disciplinary actions; voluntary surrender of license; appeal
  • S.C. Code Ann. § 40-43-160Unlawful practice of pharmacy following hearing; fine; penalty
  • S.C. Code Ann. § 40-43-170State of Emergency; prerequisites to emergency refills; dispensing of medications by pharmacists not licensed in this State
  • S.C. Code Ann. § 40-43-180Construction of chapter; third party payors not required to provide service or pay for services provided for in this chapter
  • S.C. Code Ann. § 40-43-190Protocol for pharmacists to administer vaccines without order of practitioner; informed consent; records
  • S.C. Code Ann. § 40-43-195Central fill pharmacies
  • S.C. Code Ann. § 40-43-197Authorized dispensation of drugs; outsourcing facilities
  • S.C. Code Ann. § 40-43-20License required
  • S.C. Code Ann. § 40-43-200Joint Pharmacist Administered Vaccines Committee; meetings, quorum, and chairperson; duties of committee
  • S.C. Code Ann. § 40-43-210Definitions
  • S.C. Code Ann. § 40-43-230Pharmacists permitted to dispense self-administered hormonal contraceptives in certain circumstances
  • S.C. Code Ann. § 40-43-240Written joint protocol to authorize pharmacists to dispense self-administered hormonal contraceptives
  • S.C. Code Ann. § 40-43-250Initial education requirement; continuing education
  • S.C. Code Ann. § 40-43-260Information to be provided to patients; patient counseling
  • S.C. Code Ann. § 40-43-270Limitations from liability and professional discipline
  • S.C. Code Ann. § 40-43-30Definitions4 cites
  • S.C. Code Ann. § 40-43-40State Board of Pharmacy; creation; membership; terms; qualifications; vacancies; removal
  • S.C. Code Ann. § 40-43-50Board meetings; quorum; chair and vice chair
  • S.C. Code Ann. § 40-43-60Chief drug inspector; staff inspectors; duties; violation corrections or prosecution; duties of board; adulterated or misbranded drugs; destruction at owner's expense; seal of drugs and devices under control of licensee when license suspended or revoked; complimentary drug samples; optometric supplies
  • S.C. Code Ann. § 40-43-70Federally qualified health centers
  • S.C. Code Ann. § 40-43-72Narcotic treatment programs
  • S.C. Code Ann. § 40-43-75Renal dialysis facilities; authority to deliver a legend drug or device to a patient
  • S.C. Code Ann. § 40-43-80Qualifications of applicants for pharmacy license examination
  • S.C. Code Ann. § 40-43-81Transfer of pharmacist licenses from other jurisdictions; reciprocity required
  • S.C. Code Ann. § 40-43-82Pharmacy technicians; registration; approval of training programs; minimum requirements; pharmacists previously disciplined not eligible to be technicians; volunteers at free medical clinics
  • S.C. Code Ann. § 40-43-83In-state facilities dealing with prescription drugs; out-of-state facilities in mail order pharmacy service; permits; registered agents; required pharmacist-in-charge; display of permit; penalty; refusal of permit if not in public interest2 cites
  • S.C. Code Ann. § 40-43-84Internship and externship certificates; program requirements; intern and extern restrictions; requirements for supervisory site and pharmacist
  • S.C. Code Ann. § 40-43-85Notification form regarding internship; practical experience; experience gained outside State; credit for externship programs; requirements for site and supervising pharmacists
  • S.C. Code Ann. § 40-43-87Nuclear/radiologic pharmacy practice; regulations set by Nuclear Regulatory Commission; revocation of materials license; inspections; hearings regarding violations of state or federal law
  • S.C. Code Ann. § 40-43-88Sterile preparations
  • S.C. Code Ann. § 40-43-89Wholesale distributor permits and renewals; required information; changes; forms; personnel and facility requirements; recordkeeping; disposal of outdated, damaged, impure, or unsealed drugs; adherence to policies and procedures; inspections and audits; application of federal, state, and local laws; mail order prescription services; grounds for denial or suspension of permit
  • S.C. Code Ann. § 40-43-90Permit requirements for applicants; permits not transferrable or assignable
  • S.C. Code Ann. § 40-43-91Reports to Board of Pharmacy regarding thefts, convictions, changes in ownership or pharmacy employment, disasters, and accidents; return of permit; penalty for failure to comply

Enacted in other states

Connecticut, Georgia, Illinois, Louisiana, Mississippi, Nebraska, New Jersey, Tennessee

All South Carolina named statutes →

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