S 1156 General Bill, By Cromer
 A BILL TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO
 AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST
 MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS,
 TWO OF THE FOUR MUST BE STATE CERTIFIED.

   02/27/08  Senate Introduced and read first time SJ-3
   02/27/08  Senate Referred to Committee on Medical Affairs SJ-3
   04/16/08  Senate Committee report: Favorable Medical Affairs SJ-10
   04/17/08         Scrivener's error corrected
   04/22/08  Senate Read second time SJ-15
   04/30/08  Senate Read third time and sent to House SJ-24
   05/01/08  House  Introduced and read first time HJ-120
   05/01/08  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-120
   05/21/08  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-205
   05/28/08  House  Debate adjourned until Thursday, May 29, 2008 HJ-29
   05/29/08  House  Debate adjourned until Tuesday, June 10, 2008 HJ-18

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 21, 2008

S. 1156

S. Printed 5/21/08--H.

Read the first time May 1, 2008.

To whom was referred a Bill (S. 1156) to amend Section 40-43-86, Code of Laws of South Carolina, 1976, relating to, among other things, the staffing requirements for pharmacies, so as, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by deleting Section 40-43-86(B)(4)(b) and inserting:

/(b)    The pharmacist-in-charge shall develop and implement written policies and procedures to specify the duties to be performed by pharmacy technicians. The duties and responsibilities of these personnel shall be consistent with their training and experience. These policies and procedures shall, at a minimum, specify that pharmacy technicians are to be personally supervised by a licensed pharmacist who has the ability to control and who is responsible for the activities of pharmacy technicians and that pharmacy technicians are not assigned duties that may be performed only by a licensed pharmacist. One pharmacist may not supervise more than three pharmacy technicians at a time; through June 30, 2006,. If a pharmacist supervises three technicians at least one of these three technicians must be state-certified, and after June 30, 2006, at least two of these three technicians must be state-certified. If a pharmacist supervises only one or two pharmacy technicians, these technicians are not required to be state-certified. Pharmacy technicians do not include personnel in the prescription area performing only clerical functions, including data entry up to the point of dispensing, as defined in Section 40-43-30(14)./

Renumber sections to conform.

Amend title to conform.

LEON HOWARD for Committee.

TO AMEND SECTION 40-43-86, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE STAFFING REQUIREMENTS FOR PHARMACIES, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TECHNICIANS THAT A PHARMACIST MAY SUPERVISE AND TO REQUIRE THAT IF A PHARMACIST SUPERVISES FOUR TECHNICIANS, TWO OF THE FOUR MUST BE STATE CERTIFIED.

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

SECTION    1.    Section 40-43-86(B)(4) of the 1976 Code, as last amended by Act 251 of 2004, is further amended to read:

"(4)    The pharmacist-in-charge must be assisted by a sufficient number of licensed pharmacists and registered pharmacy technicians as may be required to competently and safely provide pharmacy services.

(a)    The pharmacist-in-charge shall maintain and file with the board of pharmacy, on a form provided by the board, a current list of all pharmacy technicians assisting in the provision of pharmacy services.

(b)    The pharmacist-in-charge shall develop and implement written policies and procedures to specify the duties to be performed by pharmacy technicians. The duties and responsibilities of these personnel shall be consistent with their training and experience. These policies and procedures shall, at a minimum, specify that pharmacy technicians are to be personally supervised by a licensed pharmacist who has the ability to control and who is responsible for the activities of pharmacy technicians and that pharmacy technicians are not assigned duties that may be performed only by a licensed pharmacist. One pharmacist may not supervise more than three four pharmacy technicians at a time; through June 30, 2006,. If a pharmacist supervises four technicians, at least two of these four technicians must be state- certified. If a pharmacist supervises three technicians at least one of these three technicians must be state-certified, and after June 30, 2006, at least two of these three technicians must be state-certified. If a pharmacist supervises only one or two pharmacy technicians, these technicians are not required to be state-certified. Pharmacy technicians do not include personnel in the prescription area performing only clerical functions, including data entry up to the point of dispensing, as defined in Section 40-43-30(14).

(c)    For the purpose of dispensing by institutional pharmacies to institutional facility in-patients the pharmacist to technician ratio may not exceed a one to three employment ratio. The allowable employment ratio for a site is determined by comparing the number of pharmacists employed at the site to the number of pharmacy technicians employed at the site. The day to day operational pharmacist to technician personal supervision ratio is to be determined by the pharmacist-in-charge."

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