South Carolina § 40-43-140 - Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter.

§ 40-43-140. Grounds for suspension, revocation, denial, or refusal of board to renew permit or imposition of disciplinary action; penalties for persons distributing or delivering drugs or devices not in accordance with this chapter.

(A)(1) The board may suspend, revoke, deny, or refuse to renew the permit of a permittee or impose disciplinary action authorized by this chapter for:

(a) violations of any of the provisions of this chapter or any regulations promulgated pursuant to this chapter;

(b) retaining as an employee a person who wilfully or habitually violates any of the state or federal laws applicable to a permitted facility or its operation.

(2) A person who distributes or delivers drugs or devices to a person not permitted in accordance with this chapter is subject to a fine to be imposed by the board not to exceed one thousand dollars for each offense in addition to such other disciplinary action the board may take under this chapter. Each violation constitutes a misdemeanor punishable by a fine not to exceed five thousand dollars or imprisonment not to exceed one year, or both.

(3) Facilities requiring permits may not operate unless a permit has been issued by the board.

(4) Except where otherwise allowed by law, it is unlawful for a manufacturer or a wholesale distributor to distribute or deliver drugs or devices to any person in this State not permitted under this chapter.

(a) conviction for a violation of any federal, state, or local law relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or illegal use of or distribution of controlled substances;

(b) the furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;

(c) suspension or revocation by federal, state, or local government of any permit or license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices, including controlled substances;

(d) obtaining remuneration by fraud, misrepresentation, or deception;

(e) dealing with drugs or devices that they know or should have known are stolen drugs or devices.

HISTORY: 1998 Act No. 366, SECTION 1.

Editor's Note

Prior Laws:1925 (34) 32; 1932 Code SECTION 5174; 1942 Code SECTION 5174; 1952 Code SECTION 56-1322; 1962 Code SECTION 56-1322; 1981 Act No. 120, SECTION 5; 1976 Code SECTION 40-43-260.