S.C. Code Regs. 99-45 - Administrative Citations and Penalties

Current through Register Vol. 45, No. 12, December 24, 2021

A. The board may issue administrative citations and cease and desist orders in person, or by certified mail, and may assess administrative penalties against an entity or individual for the violations listed below. If the licensee is working at his or her primary place of employment listed with the Board, the licensee must have his or her license or registration displayed. If the licensee is not working at his or her primary place of employment, the licensee must have a wallet card available for inspection. The citation must be signed by the Chief Drug Inspector.

1. Failure to Display Permit (Pharmacist-in-Charge)

$50

2. Failure to Display License or Possess Wallet Card

$100

3. Failure to Display Intern Certificate or Possess Wallet Card (PIC and Intern)

$25

4. Failure to Display Pharmacy Technician Registration or Possess Wallet Card

$25

5. Pharmacy Technician Working Without Registration (Permit Holder)

$500

6. Pharmacy Technician Working Without Registration (PIC)

$500

7. Pharmacy Technician Working With Lapsed Registration (Permit Holder)

$500

8. Pharmacy Technician Working With Lapsed Registration (PIC)

$500

9. Pharmacy Technician Working With Lapsed Registration (Technician)

$50

10. Pharmacy Operating with greater than 4:1 Technician to Pharmacist Ratio (PIC)

$250

11. Pharmacy Operating with greater than 4:1 Technician to Pharmacist Ratio

$500

(Permit Holder)

12. Failure to Notify Board of Facility Relocation

$100

13. Failure to Notify Board of PIC Change

$100

14. Immunization Protocol-Technical Violation

$500

15. Failure to Notify Board of Change in Ownership

$100

B. Separate citations and administrative penalties may be assessed for each violation.
C. Administrative citations authorized under this section are separate from, and in addition to, all other remedies, either civil or criminal.
D. A licensee assessed an administrative citation may appeal the citation to the board within thirty (30) calendar days of the receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board or its designee for a final determination on the matter. If no appeal is filed, the citation is deemed a final administrative order, and penalties are due within ninety calendar days of receipt of the citation, or other written demand.
E. Extension to pay citations must be submitted in writing, and will be at the discretion of the Chairman.
F. Failure to pay a citation is considered a violation of this regulation, and may subject the entity to discipline under S.C. Code Ann. § 40-43-140(A)(1)(a).
G. Should a licensee or permittee receive one or more administrative violations of the same type in a five year period, any subsequent violation(s) must be referred to the board for disciplinary action.

Notes

S.C. Code Regs. 99-45
Added by State Register Volume 39, Issue No. 06, eff. June 26, 2015; State Register Volume 43, Issue No. 05, eff. May 24, 2019.

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