Section 34-23-32

Drug manufacturers; wholesale drug distributors.

Every manufacturer, bottler, packer, repackager, or wholesale drug distributor, of drugs, medicines, chemicals or poisons for medicinal purposes in this state shall register annually with the board by application for a permit on a form furnished by the board and accompanied by a fee to be determined by the board, but said fee shall not be less than $250.00 nor more than $1,000.00 for a new establishment or a fee to be determined by the board, but said fee shall not be less than $125.00 nor more than $500.00 annually for a renewal permit, or a fee to be determined by the board, but said fee shall not be less than $125.00 nor more than $500.00 for a permit due to transfer of ownership, and shall employ a full-time licensed pharmacist whose principal duty shall be confined to on-premise pharmaceutical operations. Wholesalers drug distributors, who strictly limit their operation to distribution of drugs, medicines, chemicals or poisons for medicinal purposes are exempt from the requirement to employ a full-time licensed pharmacist. The professional practice of any physician licensed to practice medicine is exempt from the requirements of this section. All permits issued under this section shall expire December 31 of each calendar year. Each application for the renewal of the 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. For each application for a permit made and found to be satisfactory by the board, the secretary of the board shall issue to the applicant a permit for such manufacturing or wholesale establishment, which permit shall be displayed in a conspicuous place. All such companies in this state must, before shipping any drug bearing the legend, "caution, federal law prohibits dispensing without prescription" or similar wording causing these drugs to be known as legend drugs to new customers, assure themselves that the recipient is either a duly licensed doctor of medicine, dentistry, veterinary medicine or holds a registered pharmacy permit from the board by contacting the office of the board. No such company shall ship any legend drug to any person or firm after receiving written notice from the board that such person or firm no longer holds a registered pharmacy permit. Any person violating the provision of this section shall be guilty of a misdemeanor.

(Acts 1966, Ex. Sess., No. 205, p. 231, §24; Acts 1985, No. 85-702, p. 1151, §1; Acts 1991, No. 91-475, p. 860, §1.)