Bill 1267

                    Current Status

Bill Number:               1267
Ratification Number:       596
Act Number                 499
Introducing Body:          Senate
Subject:                   Relating to the renewal of licenses for
                           pharmacists

(A499, R596, S1267)

AN ACT TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.

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

Inactive status license; reactivation of license

SECTION 1. Section 40-43-230 of the 1976 Code, as last amended by Act 151 of 1987, 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 before 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) The board may, upon application and payment of the applicable renewal fee, issue an inactive status license to a licensed pharmacist who is not actively engaged in the practice of pharmacy in this State, pursuant to this chapter. The pharmacist's license renewal certificate must be prominently marked as an inactive license, and the holder may not practice pharmacy under any conditions in this State. If the pharmacist wishes to reactivate the license, he shall complete the required continuing education for license renewal, plus an additional fifteen hours which must have been obtained during the calendar year immediately preceding the reactivation.

(C) Failure to renew a license by the required date, but before February first, results 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."

License, refusal to grant; acts or omissions, disciplinary action, other states

SECTION 2. Chapter 43, Title 40 of the 1976 Code is amended by adding:

"Section 40-43-265. The board may refuse to grant a license to practice pharmacy to any person, otherwise qualified, upon any of the grounds for which a license can be revoked or suspended.

Section 40-43-270. Acts or omissions by a licensee causing the denial, revocation, suspension, or restriction of a license to practice pharmacy in another state support the issuance of a formal complaint and the commencement of disciplinary proceedings as set forth in Section 40-43-260. This provision applies only when the disciplinary action taken in another state is based on grounds that would constitute misconduct under Section 40-43-260.

Proof of the acts or omissions may be shown by a copy of the transcript of record of the disciplinary proceedings in the other state or a copy of the consent order or similar final order stating the basis for the action taken.

Upon the filing of an initial complaint alleging that the licensee has been disciplined in another state, the licensee shall produce for the board copies of all transcripts, documents, and orders used, relied upon, or issued by the licensing authority in the other state. Failure to produce these items within ninety days of the board's request for them must result in the suspension of the individual's license to practice pharmacy in this State until the items are supplied to the board.

The licensee may present mitigating evidence to the board regarding disciplinary action taken in another state or evidence that the acts or omissions committed in another state do not constitute misconduct under Section 40-43-260."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 29th day of May, 1990.