Current Status Introducing Body:
HouseBill Number: 3223Primary Sponsor: KirshCommittee Number: 27Type of Legislation: GBSubject: Pharmacy BoardResiding Body: HouseCurrent Committee: Medical, Military, Public and Municipal AffairsCompanion Bill Number: 254Date Tabled: 19930525Computer Document Number: 436/12776AC.93Introduced Date: 19930120Last History Body: HouseLast History Date: 19930525Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: Kirsh J. Brown Waldrop G. BaileyType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3223 House 19930525 Tabled in Committee 27 3223 House 19930120 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
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:
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 (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.
(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 select nominate for appointment by the Governor 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 congressional district for which the nomination is being made. The pharmacists elected must be residents of this State and 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 elected 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) On or before the fifteenth of Before January sixteenth in a the year that a vacancy in the elected members of the board occurs, any 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 his 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 this State 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. It 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 his the voter's signature certifying to a statement that the voter:
(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.
(D) All ballots must be mailed out by the secretary before April second to the last known mailing address of all pharmacists residing in this State not later than the first of April to their last known mailing address the congressional district for which the nomination is being made and must be returned to the secretary postmarked not later than the first of before May second and received by the office not later than the tenth of before May eleventh. The secretary of the board shall certify these ballots to be true and valid.
(E) No later than Before June first 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, and the. The member, when appointed by the Governor, shall take takes office the first of July of that year.
(F) If the nominee is judged unfit by the Governor, the board must be so 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 any a member of the board who has been is guilty of continued neglect of his board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving him the member an opportunity to refute the charges filed against him that member."
SECTION 2. Section 40-43-420 of the 1976 Code is amended to read:
"Section 40-43-420. The fee fees for a permit to open a new pharmacy is one hundred dollars and for the annual renewal of a permit to operate a pharmacy the fee is fifty dollars must be set by the board in regulation in accordance with the Administrative Procedures Act."
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.