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3432Ratification Number: 485Act Number: 416Introducing Body: HouseSubject: Relating to the creation, composition, and terms of office for members of the State Board of Pharmacy
(A416, R485, H3432)
AN ACT TO AMEND SECTION 40-43-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, COMPOSITION, AND TERMS OF OFFICE FOR MEMBERS OF THE STATE BOARD OF PHARMACY, SO AS TO AUTHORIZE MEMBERS TO SERVE NO MORE THAN TWO SUCCESSIVE TERMS OF OFFICE, THAT THE PHARMACISTS SERVING AT LARGE ON THE BOARD MUST BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, TO PROVIDE FOR THE SELECTION OF ONE PHARMACIST TO REPRESENT EACH CONGRESSIONAL DISTRICT, AND TO PROVIDE A PROCEDURE BY WHICH VACANCIES ON THE BOARD MUST BE FILLED FOR EXPIRED TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
Composition, etc. of State Board of Pharmacy
SECTION 1. Section 40-43-10 of the 1976 Code, as last amended by Act 120 of 1981, is further amended to read:
"Section 40-43-10. There is created the State Board of Pharmacy (board) 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.
The pharmacist at large and lay member must be appointed by the Governor with the advice and consent of the General Assembly, and serve coterminously with the Governor. The board shall conduct an election to select one pharmacist to represent each congressional district to be appointed by the Governor. The election shall provide for participation by all pharmacists currently licensed and residing in South Carolina. The pharmacists elected must be residents of this State and of the congressional district they represent, licensed, in good standing to practice pharmacy in this State, and actively engaged in the practice of pharmacy in this State. The elected members of the board shall serve for terms of six years and until 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.
On or before the fifteenth of January in a year that a vacancy in the elected members of the board occurs, any 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 his congressional district to the secretary of the board. The secretary shall prepare ballots for mailing to all pharmacists licensed and residing in this State.
The ballots must be in a form so as to make tabulation quick and easy. It 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, a space for his signature certifying to a statement that:
(1) He is in fact the person whose name appears on the statement;
(2) He is eligible to vote in this election;
(3) He has personally cast the ballot.
All ballots must be mailed out by the secretary to all pharmacists residing in this State not later than the first of April to their last known mailing address and must be returned to the secretary postmarked not later than the first of May and received by the office not later than the tenth of May. The secretary of the board shall certify these ballots to be true and valid.
No later than June first, 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, and the member, when appointed by the Governor, shall take office the first of July of that year.
If the nominee is judged unfit by the Governor, the board must be so informed and other nominees must be submitted in like manner.
Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving him an opportunity to refute the charges filed against him."
SECTION 2. This act shall take effect upon approval by the Governor.