Current Status Introducing Body:
HouseBill Number: 4630Ratification Number: 459Act Number: 402Primary Sponsor: KirshType of Legislation: GBSubject: Pharmacy BoardCompanion Bill Number: 1120Date Bill Passed both Bodies: 19940428Computer Document Number: CYY/15605AC.94Governor's Action: SDate of Governor's Action: 19940518Introduced Date: 19940127Date of Last Amendment: 19940426Last History Body: ------Last History Date: 19940518Last History Type: Act No. 402Scope of Legislation: StatewideAll Sponsors: Kirsh G. Bailey Boan J. Brown Harwell WaldropType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4630 ------ 19940518 Act No. 402 4630 ------ 19940518 Signed by Governor 4630 ------ 19940512 Ratified R 459 4630 House 19940428 Concurred in Senate amendment, enrolled for ratification 4630 Senate 19940427 Read third time, returned to House with amendment 4630 Senate 19940426 Amended, read second time, unanimous consent for third reading on Wednesday, April 27, 1994 4630 Senate 19940421 Committee Report: Favorable 12 with amendment 4630 Senate 19940329 Introduced, read first time, 12 referred to Committee 4630 House 19940325 Read third time, sent to Senate 4630 House 19940324 Amended, read second time, unanimous consent for third reading on next Legislative day 4630 House 19940216 Committee Report: Favorable 27 with amendment 4630 House 19940127 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
(A402, R459, H4630)
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 THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE; 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:
Appointments to the board
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, appointed by the Governor with advice and consent of the Senate, 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 shall serve coterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to nominate three pharmacists from each congressional district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one pharmacist to represent each congressional district from among the nominees submitted for that 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 to the secretary of the board a biography, a photograph, and a petition bearing the signatures of a minimum of fifteen pharmacists practicing in that pharmacist's congressional district. 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 names of the three persons winning the election and the name of the person on the board the nominees are being considered to replace. The member, when appointed by the Governor, takes office the first of July of that year.
(F) Notwithstanding subsection (B), if a 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."
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."
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 repealed regarding fees collected to be remitted to board for its use
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.
Approved the 18th day of May, 1994.