Section 34-23-30

Pharmacy permits generally.

Every pharmacy, hospital pharmacy, drugstore, pharmacy department, prescription department, prescription laboratory, dispensary, apothecary or any other establishment with a title implying the sale, offering for sale, compounding or dispensing of drugs in this state shall register annually and receive a permit from the Board of Pharmacy. Any person desiring to open, operate, maintain or establish a pharmacy in this state shall apply to the board for a permit at least 30 days prior to the opening of such business. No pharmacy shall open for the transaction of business until it has been registered, inspected and a permit issued by the board. The application for a permit shall be made on a form prescribed and furnished by the board which when properly executed shall indicate the ownership desiring such permit and the names and license numbers of all licensed pharmacists employed as well as the location of such pharmacy and such other information as the board may require. If more than one pharmacy is operated by the same owner, a separate application for registration must be made and a separate permit issued for each such establishment. All permits issued under this section shall expire on December 31 of each calendar year. Every application for a permit for a new pharmacy shall be accompanied by a fee to be determined by the board, but said fee shall not be less than $50.00 nor more than $100.00. Every application for a renewal permit shall be accompanied by a fee to be determined by the board, but said fee shall not be less than $25.00 nor more than $50.00. Every application for a permit due to transfer of ownership shall be accompanied by a fee to be determined by the board, but said fee shall not be less than $25.00 nor more than $50.00. Each application for the renewal of a permit must be made on or before the last day of February of each year, at which time the previous permit shall become null and void. A penalty of $25.00 for each overdue month shall be assessed in addition to the permit fee for renewal of delinquent permits. The secretary of the board shall issue a permit for each pharmacy whose application is found to be satisfactory by the board. Permits issued under this section shall not be transferable. Any change in the control of ownership or licensed pharmacists must be reported to the board in writing within 10 days of such occurrence. If the pharmacy is owned by a corporation, the permit shall be issued in the name of the corporation. It shall be the duty of the owners of such pharmacies who are not licensed pharmacists to immediately notify the board upon the termination of employment of licensed pharmacists and to cause the surrender of permits as indicated. The further operation of the pharmacy in the absence of licensed pharmacists is forbidden; provided, that such nonregistered owner shall have a period of 30 days within which to comply with this provision. The next of kin of any deceased licensed pharmacist owner shall have a period of 30 days within which to comply with the provisions of this chapter, during which time no prescriptions shall be filled unless a licensed pharmacist is on duty. No mail order pharmacy shall transact business in this state without a permit from the board.

Any person who violates this section shall be guilty of a misdemeanor.

(Acts 1966, Ex. Sess., No. 205, p. 231, §14; Acts 1985, No. 85-702, p. 1151, §1.)