South Carolina General Assembly
116th Session, 2005-2006

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Bill 3848


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-70 SO AS TO EXEMPT FEDERALLY QUALIFIED HEALTH CENTERS FROM CERTAIN PHARMACY PERMIT AND REGULATORY REQUIREMENTS AND TO PROVIDE THAT FEDERALLY QUALIFIED HEALTH CENTERS MUST BE RECOGNIZED AS A COVERED ENTITY UNDER CERTAIN PROVISIONS OF THE PHARMACY PRACTICE ACT SO THAT A LICENSED PRACTITIONER MAY DISPENSE DRUGS OR DEVICES THAT ARE THE LAWFUL PROPERTY OF THE PRACTITIONER OR THE CORPORATION.

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

SECTION    1.    Chapter 43, Title 40 of the 1976 Code is amended by adding:

"Section 40-43-70.    (A)    Federally qualified health centers are exempt from Section 40-43-80, as it relates to the requirements that:

(1)    all facilities distributing or dispensing prescription drugs must be permitted by the Board of Pharmacy;

(2)    each pharmacy shall have a pharmacist-in-charge;

(3)    a pharmacist may not serve as pharmacist-in-charge unless the pharmacist is physically present in the pharmacy or health center delivery site;

(4)    a pharmacist may not serve as a pharmacist-in-charge for more than one pharmacy at a time.

(B)    A federally qualified health center must be recognized as a covered entity under Section 40-43-60(I) allowing licensed practitioners, as defined by Section 40-43-30(45), to dispense drugs or devices that are the lawful property of the practitioner or the corporation."

SECTION    2.    This act takes effect upon approval by the Governor.

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