South Carolina Code of Regulations Chapter 99 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- BOARD OF PHARMAC
South Carolina Code of Regulations Chapter 99 — Board of Pharmacy
I. Overview
Chapter 99 governs the South Carolina Board of Pharmacy, the state regulatory agency responsible for licensing, regulating, and disciplining pharmacists, pharmacies, and related professionals within South Carolina.
The Board’s mission is to protect public health and safety by ensuring that pharmaceutical services meet professional, ethical, and legal standards. The Board enforces rules related to licensing, practice standards, pharmacy operations, and disciplinary proceedings.
II. Regulatory Authority & Functions
The Board operates under delegated authority to regulate the pharmacy profession and related entities through:
Licensing and Registration
Issuing licenses to pharmacists, pharmacy technicians, and pharmacies.
Establishing qualifications and renewal procedures.
Practice Standards
Setting standards for professional conduct, dispensing of medication, record-keeping, and patient safety.
Inspection and Compliance
Conducting inspections of pharmacies to ensure compliance with laws and regulations.
Investigating complaints against licensees or facilities.
Disciplinary Actions
Holding hearings and imposing sanctions such as suspension, revocation, fines, or probation for violations.
Rulemaking Authority
Adopting regulations to govern pharmacy practice, controlled substances, and operational protocols.
Public Protection
Ensuring safe and ethical distribution of pharmaceutical products to prevent harm to patients.
III. Legal Principles and Administrative Framework
The Board’s authority is exercised under several core legal and administrative principles:
Delegated Administrative Power:
The Board acts within the scope of authority delegated by the state to license and regulate pharmacy professionals.
Due Process:
Licensees subject to disciplinary actions must receive proper notice, an opportunity to be heard, and a fair hearing.
Standard of Proof and Reasoned Decision:
Disciplinary decisions must be supported by clear evidence and provide a reasoned explanation.
Public Safety and Professional Integrity:
Regulatory actions are justified by the need to protect public health and maintain trust in pharmaceutical services.
Uniform Application:
Rules and disciplinary actions must be applied consistently to all licensees.
IV. Conceptual Case Law Examples
🔹 Case 1: License Suspension for Professional Misconduct
Facts:
A pharmacist was found to have dispensed medication without a valid prescription and failed to maintain accurate records.
Issue:
Was the suspension of the pharmacist’s license justified?
Holding:
The Board’s suspension was upheld, as the violations threatened patient safety and violated professional standards.
Principle:
Licenses may be suspended when professional misconduct jeopardizes public health and regulatory standards.
🔹 Case 2: Denial of Pharmacy License Renewal
Facts:
A pharmacy applied for license renewal but was denied due to repeated compliance failures identified during inspections.
Issue:
Was denial lawful?
Holding:
Yes. The Board’s denial was supported by documented non-compliance with pharmacy regulations.
Principle:
Licensing authorities may deny renewal based on failure to meet established operational standards.
🔹 Case 3: Due Process in Disciplinary Hearing
Facts:
A pharmacist was disciplined without receiving prior notice or an opportunity to present evidence.
Issue:
Did this violate procedural fairness?
Holding:
Yes. The disciplinary action was invalidated due to lack of due process, requiring a new hearing.
Principle:
Due process requires notice and a fair hearing before disciplinary penalties can be imposed.
🔹 Case 4: Revocation for Controlled Substance Violations
Facts:
A licensee was found to have diverted controlled substances for personal use.
Issue:
Was revocation appropriate?
Holding:
The Board’s revocation was upheld to protect public safety and uphold professional ethics.
Principle:
Controlled substance violations are grounds for severe disciplinary action, including license revocation.
V. Summary Table
| Area | Description |
|---|---|
| Licensing and Registration | Issuance and renewal of licenses for pharmacists and pharmacies |
| Practice Standards | Setting conduct and operational standards |
| Inspections and Compliance | Monitoring and enforcing regulatory compliance |
| Disciplinary Authority | Imposing sanctions for violations of regulations |
| Due Process | Ensuring fair procedures in disciplinary matters |
| Public Safety Focus | Protecting consumers and maintaining professional integrity |
VI. Conclusion
The South Carolina Board of Pharmacy, under Chapter 99, exercises critical regulatory authority to ensure that pharmacy professionals and facilities comply with high standards of practice, ethics, and safety. The Board’s powers to license, inspect, discipline, and adopt rules help safeguard the public while ensuring fair and transparent administrative processes. Courts generally uphold the Board’s decisions when they are supported by evidence and adhere to due process.
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