Section 34-23-30 Pharmacy Permits.

(a) Every pharmacy, hospital pharmacy, drugstore, pharmacy department, prescription department, prescription laboratory, apothecary, and any other entity with a title implying the sale, offering for sale, compounding, or dispensing of drugs, and any entity providing pharmacy services for patients residing in this state, shall register biennially and receive a permit from the board in accordance with this chapter. Any person desiring to operate a pharmacy or to establish an entity to provide pharmacy services shall apply to the board for a permit at least 30 days prior to the opening of the business. No pharmacy or entity performing pharmacy services shall be authorized to transact business until the pharmacy or entity has been registered, inspected, and issued a permit by the board. (b)(1) 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 the permit and the names and license numbers of all licensed pharmacists employed as well as the location of the pharmacy or entity where pharmacy services are performed and other information as the board may require. If more than one pharmacy or entity where pharmacy services are performed is operated by the same owner, a separate application for registration shall be made and a separate permit issued for each entity. (2) Every application for a permit for a new pharmacy or entity where pharmacy services are performed shall be accompanied by a fee to beset by the board, by rule. (3) The secretary of the board shall issue a permit for each pharmacy or entity where pharmacy services are performed 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 shall be reported to the board in writing within 10 days of the occurrence. If the pharmacy or entity where pharmacy services are performed is owned by a corporation, the permit shall be issued in the name of the corporation. Owners of pharmacies or the owners of entities where pharmacy services are performed who are not licensed pharmacists shall immediately notify the board upon the termination of employment of licensed pharmacists and shall cause the surrender of permits as indicated. The further operation of the pharmacy or entity where pharmacy services are performed in the absence of licensed pharmacists is prohibited; provided, that the nonregistered owner shall have a period of 30 days within which to comply with this subsection. The next of kin of any deceased licensed pharmacist owner shall have a period of 30 days within which to comply with this chapter, during which time no prescriptions may be filled unless a licensed pharmacist is on duty. (4) All permits issued under this section shall expire on December 31 of even-numbered years unless the permit holder renews the permit by paying the applicable renewal fee. The renewal fee is due on December 31, and if not received by that date, the permit shall be considered delinquent and the board may impose a late fee of twenty-five dollars ($25) for each month the renewal fee is late, provided a delinquency fee may not exceed one thousand dollars ($1,000). The board may also suspend a permit that is not renewed within a prescribed period of time, as determined by rule of the board. (c) The board, by rule, shall set the following fees on the holders of permits issued under this section: (1) For a permit for a resident pharmacy or resident entity that performs pharmacy services, a fee of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (2) For a resident pharmacy permit renewal, a fee of not less than one hundred dollars ($100) nor more than three hundred dollars ($300). (3) For a transfer of ownership, a fee of not less than one hundred fifty dollars ($150) nor more than four hundred dollars ($400). (4) For a permit for a nonresident pharmacy or nonresident entity that performs pharmacy services, a fee of not less than seven hundred fifty dollars ($750) nor more than two thousand dollars ($2,000). (5) For a renewal permit for a nonresident pharmacy or nonresident entity that performs pharmacy services, a fee of not less than four hundred dollars ($400) nor more than seven hundred fifty dollars ($750). (d) No mail order pharmacy shall transact business in this state without a permit from the board. (e) The board, by rule, shall establish qualifications for any person providing pharmacy services in the state. (f) Nothing contained in this section related to pharmacy services permits shall be interpreted to delegate to the board the authority to adopt rules governing pharmacy benefits managers.