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South Carolina Statutes, Title 40

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South Carolina/Statutes

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Title 40, Professions and Occupations

62 chapters · 1,983 sections in this title.

All chapters in Title 401,983 Ch 47, Title 40, Chapter 47157 Ch 15, Title 40, Chapter 1573 Ch 75, Title 40, Chapter 7560 Ch 60, Title 40, Chapter 6059 Ch 81, Title 40, Chapter 8156 Ch 59, Title 40, Chapter 5955 Ch 33, Title 40, Chapter 3352 Ch 11, Title 40, Chapter 1150 Ch 45, Title 40, Chapter 4547 Ch 63, Title 40, Chapter 6347 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 69, Title 40, Chapter 6944 Ch 7, Title 40, Chapter 743

39 sections·Filtered byTitle 40✕Ch 43✕

S.C. Code Ann. § 40-43-10 Short title; purpose of chapter; severability
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This chapter may be cited as the "South Carolina Pharmacy Practice Act". The purpose of this chapter is to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharm…
S.C. Code Ann. § 40-43-110 License expiration; license renewals; lapsed licenses
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(A) A license issued by the board pursuant to this chapter expires annually on April thirtieth. (B) A pharmacist who wishes to renew his license in an active status must submit a renewal application to the board. If mailed, the board must receive the application before April firs…
S.C. Code Ann. § 40-43-130 Continuing education; topics; hours; carry over of hours; exemption period following examination; certificate of completion; authority to grant exemption for postgraduate degree work
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(A) Topics and formats of study for continuing education shall include subject matter designed to maintain the professional competence of pharmacists licensed to practice and to improve their professional skills in order to protect the public health and safety. (B) Each licensed …

S.C. Code Ann. § 40-43-140 Grounds 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 chapter

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(A)(1) The board may suspend, revoke, deny, or refuse to renew the permit of a permittee or impose disciplinary action authorized by this chapter for: (a) violations of any of the provisions of this chapter or any regulations promulgated pursuant to this chapter; (b) retaining as…

S.C. Code Ann. § 40-43-150 Procedures for investigations, hearings, injunctive actions, and disciplinary actions; voluntary surrender of license; appeal

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(A) Investigations and hearings must be conducted in accordance with the provisions of Section 40-1-80. (B) Restraining orders and cease and desist orders shall be issued in accordance with the provisions of Section 40-1-100. (C) Upon determination by the board that one or more o…

S.C. Code Ann. § 40-43-160 Unlawful practice of pharmacy following hearing; fine; penalty

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(A) An individual who, after a hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy is subject to a fine to be imposed by the board not to exceed an amount set by the board in regulation for each offense. (B) Each violation of this chapter o…

S.C. Code Ann. § 40-43-170 State of Emergency; prerequisites to emergency refills; dispensing of medications by pharmacists not licensed in this State

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(A) When the Governor issues a "State of Emergency": (1) A pharmacist may work in the affected county and may dispense a one-time emergency refill of up to a thirty-day supply of a prescribed medication if: (a) the pharmacist has all prescription information necessary in order to…

S.C. Code Ann. § 40-43-180 Construction of chapter; third party payors not required to provide service or pay for services provided for in this chapter

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Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.

S.C. Code Ann. § 40-43-190 Protocol for pharmacists to administer vaccines without order of practitioner; informed consent; records

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(A)(1) Upon recommendation of the Joint Pharmacist Administered Vaccines Committee, the Board of Medical Examiners shall determine whether a specific vaccine is appropriate for administration by a pharmacist without a written order or prescription of a practitioner pursuant to th…

S.C. Code Ann. § 40-43-195 Central fill pharmacies

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(A) For purposes of this section: (1) "Central fill" means the filling of a prescription drug order by one central fill pharmacy permitted by this State at the request of an originating pharmacy permitted by this State. (2) "Central fill pharmacy" means a permitted pharmacy facil…

S.C. Code Ann. § 40-43-197 Authorized dispensation of drugs; outsourcing facilities

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Any person or entity authorized to dispense drugs including, but not limited to, a pharmacy, institutional pharmacy, or practitioner, may: (1) purchase or otherwise acquire drugs compounded or repackaged by an outsourcing facility directly from the outsourcing facility without an…

S.C. Code Ann. § 40-43-20 License required

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Except as otherwise provided in this chapter, it is unlawful for an individual to engage in the practice of pharmacy unless currently licensed pursuant to this chapter.

S.C. Code Ann. § 40-43-200 Joint Pharmacist Administered Vaccines Committee; meetings, quorum, and chairperson; duties of committee

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(A) There is created a Joint Pharmacist Administered Vaccines Committee as a committee to the Board of Medical Examiners which consists of seven members. The committee is comprised of two physicians selected by the Board of Medical Examiners, two pharmacists selected by the Board…

S.C. Code Ann. § 40-43-210 Definitions

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As used in this chapter: (1) "Administer" has the same meaning as in Section 40-43-30. (2) "Department" means the Department of Labor, Licensing and Regulation. (3) "Dispense" has the same meaning as in Section 40-43-30. (4) "Injectable hormonal contraceptive" means a drug compos…

S.C. Code Ann. § 40-43-230 Pharmacists permitted to dispense self-administered hormonal contraceptives in certain circumstances

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(A) A person licensed under the South Carolina Pharmacy Practice Act who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is permitted by this State may dispense a self-administered hormonal contraceptive …

S.C. Code Ann. § 40-43-240 Written joint protocol to authorize pharmacists to dispense self-administered hormonal contraceptives

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(A) The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive under a standing order or without a standing order …

S.C. Code Ann. § 40-43-245 Collaborative practice agreements

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Pharmacists are authorized to enter into collaborative practice agreements with physicians.

S.C. Code Ann. § 40-43-250 Initial education requirement; continuing education

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(A) Prior to dispensing self-administered hormonal contraceptives or administering injectable hormonal contraceptives pursuant to Section 40-43-240, a pharmacist must have completed a certificate program that has been accredited by the American Council for Pharmacy Education or a…

S.C. Code Ann. § 40-43-260 Information to be provided to patients; patient counseling

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(A) A pharmacist who dispenses a self-administered hormonal contraceptive or administers an injectable hormonal contraceptive pursuant to this chapter shall: (1) obtain a completed self-screening risk assessment questionnaire that has been approved by the department, in collabora…

S.C. Code Ann. § 40-43-270 Limitations from liability and professional discipline

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(A) A prescriber who issues a standing prescription drug order in accordance with Section 40-43-260 is not liable for any civil damages for acts or omissions resulting from the dispensing of a self-administered hormonal contraceptive or the administering of an injectable hormonal…

S.C. Code Ann. § 40-43-30 Definitions

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For purposes of this chapter: (1) "Administer" means the direct application of a drug or device pursuant to a lawful order of a practitioner to the body of a patient by injection, inhalation, ingestion, topical application, or any other means. (2) "Aseptic preparation" means the …

S.C. Code Ann. § 40-43-40 State Board of Pharmacy; creation; membership; terms; qualifications; vacancies; removal

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(A) There is created the State Board of Pharmacy to be composed of ten 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 state-certified pharmacy technician from the State at l…

S.C. Code Ann. § 40-43-50 Board meetings; quorum; chair and vice chair

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(A) The board is styled the "Board of Pharmacy" and shall meet in the City of Columbia or any other place in the State designated by the board at least three times a year. The board may meet additionally for administrative purposes at the call of the chairman or of two-thirds of …

S.C. Code Ann. § 40-43-60 Chief 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

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(A) There must be an administrator of the Board of Pharmacy who must be a pharmacist licensed in the State of South Carolina and who must be the chief drug inspector. When a vacancy occurs, the position of administrator of the Board of Pharmacy shall be filled in accordance with …

S.C. Code Ann. § 40-43-70 Federally qualified health centers

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(A) For purposes of this section: (1) "Board" means the South Carolina Board of Pharmacy. (2) "Federally qualified health center" or "FQHC" means an entity funded by the Bureau of Primary Health Care (BPHC) under Section 330 of the Public Health Service Act as amended by the Heal…

S.C. Code Ann. § 40-43-72 Narcotic treatment programs

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(A) For purposes of this section: (1) "Narcotic treatment program" or "NTP" means a program licensed by the Department of Public Health that dispenses and administers methadone or other narcotic treatment medications. (2) "NTP permit" means a permit issued by the South Carolina B…

S.C. Code Ann. § 40-43-75 Renal dialysis facilities; authority to deliver a legend drug or device to a patient

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(A) For purposes of this section: (1) "Renal dialysis facility" or "RDF" means an outpatient facility that treats and offers staff-assisted dialysis or training and support services for self-dialysis patients to end-stage renal disease patients, as defined by Centers for Medicare…

S.C. Code Ann. § 40-43-80 Qualifications of applicants for pharmacy license examination

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To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) have submitted a written application in the form prescribed by the Board of Pharmacy; (2) have received a Bachelor of Science in pharmacy or Doctor of Pharmacy degree f…

S.C. Code Ann. § 40-43-81 Transfer of pharmacist licenses from other jurisdictions; reciprocity required

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(A) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall: (1) have submitted a written application in the form prescribed by the Board of Pharmacy; (2) have possessed at the …

S.C. Code Ann. § 40-43-82 Pharmacy technicians; registration; approval of training programs; minimum requirements; pharmacists previously disciplined not eligible to be technicians; volunteers at free medical clinics

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(A)(1) The Board of Pharmacy shall register pharmacy technicians who are performing pharmacy functions under the supervision of a pharmacist. (2) A registration is valid from July one through June thirtieth and is renewable on dates as prescribed by the department with the consen…

S.C. Code Ann. § 40-43-83 In-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 interest

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(A) All facilities located within this State engaging in the manufacture, production, sale, distribution, possession, or dispensing of prescription drugs or devices and all facilities located outside of this State whose primary business is mail order pharmacy service engaging in …

S.C. Code Ann. § 40-43-84 Internship and externship certificates; program requirements; intern and extern restrictions; requirements for supervisory site and pharmacist

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(A) All applicants for licensure by examination shall obtain one thousand five hundred hours of practical experience in the practice of pharmacy. The board shall establish certificate requirements for interns/externs and standards for internship, or any other experiential program…

S.C. Code Ann. § 40-43-85 Notification form regarding internship; practical experience; experience gained outside State; credit for externship programs; requirements for site and supervising pharmacists

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(A) An intern shall notify the Board of Pharmacy within ten days after the beginning and again within ten days after the ending of each and every calendar year, if the intern is employed, and within ten days after the beginning of each new employment and within ten days after the…

S.C. Code Ann. § 40-43-86 Facility requirements for pharmacies; presence of pharmacist-in-charge; consultant pharmacists; prescription drug orders; transferring of prescriptions; substitution of equivalent drug or interchangeable biological product; label requirements; patient records and counseling; policies and requirements for automated systems; unlawful practices; sales to optometrists and home medical equipment providers; code of ethics; sale of poisons and returned medications; permit fees; compounding regulations and restrictions

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(A) A pharmacy, at a minimum, shall: (1) be of sufficient size to allow for the safe and proper storage of prescription drugs and for the safe and proper compounding and preparation of prescription drug orders; (2) maintain an area designated for the provision of patient counseli…

S.C. Code Ann. § 40-43-87 Nuclear/radiologic pharmacy practice; regulations set by Nuclear Regulatory Commission; revocation of materials license; inspections; hearings regarding violations of state or federal law

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(A) Nuclear/radiologic pharmacy practice refers to a patient-oriented service that embodies the scientific knowledge and professional judgment required to improve and promote health through the assurance of the safe and efficacious use of radiopharmaceuticals and other drugs. Nuc…

S.C. Code Ann. § 40-43-88 Sterile preparations

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(A) All sterile pharmaceuticals prepared for dispensing must be labeled in accordance with Section 40-43-86 and include: (1) name, address, and telephone number of the pharmacy for outpatients and name of the facility for inpatients; (2) dating of a nonadditive solution if the ma…

S.C. Code Ann. § 40-43-89 Wholesale 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

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(A)(1) The following information must be provided to the board with an application for a wholesale distributor permit, and for any subsequent permit renewals: (a) name, full business address, and telephone number of the applicant; (b) all trade or business names used by the appli…

S.C. Code Ann. § 40-43-90 Permit requirements for applicants; permits not transferrable or assignable

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(A) To obtain a permit, an applicant shall: (1) submit an application in the form prescribed by the Board of Pharmacy at least forty-five days before the opening date of the facility; (2) pass an inspection conducted by inspectors of the Board of Pharmacy or a pharmacist designee…

S.C. Code Ann. § 40-43-91 Reports to Board of Pharmacy regarding thefts, convictions, changes in ownership or pharmacy employment, disasters, and accidents; return of permit; penalty for failure to comply

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(A) A permit holder shall report to the Board of Pharmacy within thirty working days of the discovery of the occurrence of: (1) theft or loss of drugs or devices; or (2) conviction of any employee of any state or federal drug law. (B) All permit holders shall report to the Board …