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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 · 1,957 sections in this title.

All chapters in Title 401,957 Ch 47, Title 40, Chapter 47154 Ch 15, Title 40, Chapter 1560 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 3351 Ch 11, Title 40, Chapter 1150 Ch 63, Title 40, Chapter 6347 Ch 45, Title 40, Chapter 4546 Ch 67, Title 40, Chapter 6746 Ch 36, Title 40, Chapter 3645 Ch 7, Title 40, Chapter 743 Ch 57, Title 40, Chapter 5743

1,957 sections·Filtered byTitle 40✕

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 without a patient-specific written order. (B) The w…

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 Health and Environmental Control that dispenses and administers methadone or other narcotic treatment medications. (2) "NTP permit" means a permit issued by t…

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 …

S.C. Code Ann. § 40-45-10 Board of Physical Therapy Examiners; creation and purpose; membership

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(A) There is created the State Board of Physical Therapy Examiners to license physical therapists and physical therapist assistants under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to protect the public through regulation…

S.C. Code Ann. § 40-45-100 Restraining orders and other equitable relief

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In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin …

S.C. Code Ann. § 40-45-110 Refusal to grant licenses; suspensions, revocations, or other restrictions; grounds; mental and physical exams allowed; evidentiary use of records; opportunity to demonstrate ability to practice

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(A) In addition to other grounds provided for in Section 40-1-110, the board, after notice and hearing, may restrict or refuse to grant a license to an applicant and may refuse to renew the license of a licensed person, and may suspend, revoke, or otherwise restrict the license o…

S.C. Code Ann. § 40-45-115 Jurisdiction of the board

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The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.

S.C. Code Ann. § 40-45-120 Board authority to take disciplinary actions and impose civil penalties

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In addition to the sanctions the board may impose against a person pursuant to Section 40-45-110, the board may take disciplinary action against a person as provided in Section 40-1-120 and also may impose a civil penalty of not more than two thousand dollars for each violation o…

S.C. Code Ann. § 40-45-130 Grounds for denial or restrictions of license may be same as for disciplinary action

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As provided in Section 40-1-130, the board may restrict or deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.

S.C. Code Ann. § 40-45-140 Denial of license based on prior criminal record

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A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.

S.C. Code Ann. § 40-45-150 Voluntary surrender of license by licensee being investigated

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A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.

S.C. Code Ann. § 40-45-160 Appeal

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A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

S.C. Code Ann. § 40-45-170 Costs of investigation and prosecution; authority to require payment by violator

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A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

S.C. Code Ann. § 40-45-180 Collection and enforcement provisions for costs and fines

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All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

S.C. Code Ann. § 40-45-190 Confidentiality of proceedings and communications

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Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided in Section 40-1-190.

S.C. Code Ann. § 40-45-20 Definitions

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As used in this chapter: (1) "Board" means the State Board of Physical Therapy Examiners. (2) "On-site supervision" means supervision provided by a physical therapist or physical therapist assistant who must be: (a) continuously on site and present in the department or facility w…

S.C. Code Ann. § 40-45-200 Violations of chapter; submission of false information to the board; penalty

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A person who engages in the practice of or offers to engage in the practice of physical therapy in the State in violation of this chapter or who knowingly submits false information to the board for the purpose of obtaining a license or who violates any other provision of this cha…

S.C. Code Ann. § 40-45-210 Injunctive relief

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The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.

S.C. Code Ann. § 40-45-220 Qualifications of applicants for licensure; burden to demonstrate eligibility; background checks

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(A)(1) To be eligible for licensure as a physical therapist an applicant must: (a)(i) be a graduate of a physical therapy educational program approved by the board; (ii) pass an examination administered or approved by the board; and (iii) speak the English language as a native la…

S.C. Code Ann. § 40-45-230 Notarized application form; fee; mastery of English language; submission of transcripts; accommodations for disabled applicants; time period for completion of process; examination requirements

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(A) An applicant must submit with an application for licensure: (1) a completed notarized application form; (2) the applicable fee in the form of a check or money order; (3) legal documentation indicating a name change, if applicable; (4) proof that the applicant can speak, write…