Telephone: (803) 896-4700 Lee Ann Bundrick, R.Ph. Marilyn Crouch Beverly Gould Sally Green Michael Rowland Tanya Styles Adam Russell (Discipline) Darra Coleman (Policy)
Pharmacy Facility Permits
Pharmacy Technician and
State Certified Pharmacy
Advice Counsel to the Board
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Telephone: (803) 896-4700
Lee Ann Bundrick, R.Ph.
Adam Russell (Discipline)
Darra Coleman (Policy)
Can a registered pharmacist be a consultant pharmacist at more than one location?
Yes, a registered pharmacist can be a consultant pharmacist at more than one location. According to §40-43-86(C)(1) of the South Carolina Pharmacy Practice Act, "The consultant pharmacist must be consistent with the accepted standards of professional conduct and practice, and be responsible for compliance with all applicable laws and regulations including:" those specified under §40-43-86(C) and (D).
What are the requirements in the event of loss or theft of legend drugs or legend devices at a permitted facility?
According to § 40-43-91 (A) of the South Carolina Pharmacy Practice Act, " All permit holders 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
(2) conviction of any employee of any state or federal drug laws."
§ 40-43-86 (B)(3) states that "The pharmacist in-charge shall have the following responsibilities:
(d) making or filing any reports required by state or federal laws and regulations.
Any time your pharmacy or drug outlet experiences a loss or theft of legend drugs or legend devices, the Board of Pharmacy requires a written notification.
Section 147 of Regulation 61-4 (South Carolina Controlled Substances Regulations) requires that a loss or theft of controlled substances must be reported to the DHEC Division of Drug Control, on a DEA Form 106, not later than 30 days after the discovery of the loss or theft.
How much time must the pharmacist-in-charge actually work in the pharmacy?
According to §40-43-86(B) of the South Carolina Pharmacy Practice Act, "A pharmacist may not serve as pharmacist-in-charge unless he is physically present in the pharmacy a sufficient amount of time to provide supervision and control." Therefore, the pharmacist-in-charge must be in the pharmacy enough time to allow him/her to fulfill all of the requirements pertaining to the pharmacist-in-charge's duties as defined in §40-43-86 and be responsible for all professional duties connected with the proper and lawful conduct of the pharmacy. §40-43-30(40) defines a pharmacist-in-charge as "a pharmacist currently licensed in this State who accepts responsibility for the operation of a pharmacy in conformance with all laws pertinent to the practice of pharmacy and the distribution of drugs and who is in full and actual charge of the pharmacy and personnel."
What are the requirements on labels for prescriptions for brand name medications when substitution has been authorized and has occurred?
The prescription label shall contain the generic name of the drug and its manufacturer listed first, followed by the words 'substituted for' and the brand name prescribed drug. This information must be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear on the prescription label. §40-43-86(H)(5)
What are the requirements to close a pharmacy or drug outlet permanently?
According to § 40-43-91(B) of the South Carolina Pharmacy Practice Act, "All
permit holders shall report to the Board of Pharmacy within ten working days of
the discovery of the occurrence of any of the following: (1) permanent closing .
. . ."
(C) Upon permanent closing a permittee shall return the permit to the Board within thirty days.
§ 40-43-86 (B)(3) The pharmacist-in-charge shall have the following responsibilities: (c) notifying the Board of Pharmacy immediately of any of the following changes: (iv) permanent closing of the pharmacy.
All pharmacy signs and symbols must be removed; all drugs must be transferred, returned to vendors or disposed of properly prior to returning your permit. If you intend to close a pharmacy, please allow sufficient time to meet these requirements.
The South Carolina Controlled Substances Registration Certificate must be returned to the DHEC Division of Drug Control, along with a letter of explanation as to the transfer or disposal of the controlled substance inventory. The DEA Registration Certificate, along with any unused DEA 222 forms, must be returned to the Drug Enforcement Administration.
Whose responsibility is it to assure that all pharmacy interns and technicians wear proper identification?
According to § 40-43-86 (B)(3) of the South Carolina Pharmacy Practice Act, "the pharmacist-in-charge shall have the following responsibilities:
(b) assuring that all pharmacists, technicians, and interns employed at the pharmacy are currently licensed, certified, or registered and that interns and technicians wear proper identification while on duty;"
Board inspectors will be monitoring these requirements while conducting site inspections.
What are the requirements for patient counseling?
Upon receipt of a prescription for a new medication and following review of the patients' pharmacy record, the pharmacist shall personally offer counseling to the patient or the patient's agent. If accepted, this discussion must be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling. §40-43-86(L). As provided in §40-43-86(T), under the direct supervision of a licensed pharmacist, pharmacy interns and extern may provide patient counseling.
Who is allowed to call in prescriptions to a pharmacy from a doctor's office?
Drug order may be directly transmitted orally or electronically from the practitioner or his "designated agent" to the pharmacy. The "designated agent" is a ". . . person employed by an authorized practitioner to transmit, either orally or electronically, a prescription drug order on behalf of the authorized practitioner to the pharmacist. The authorized practitioner accepts responsibility for the correct transmission of the prescription drug order." [Emphasis Added] §40-43-30(11)