Tuesday, June 25, 2013

IN THE MATTER OF: BARNEY'S COMPOUNDING CENTER, ORDER from South Carolina Board of Pharmacy


SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING & .REGULATION

BEFORE THE STATE BOARD OF PHARMACY

IN THE MATTER OF:

BARNEY'S COMPOUNDING CENTER,
 ORDER
Applicant.
This matter is before the Board pursuant to the application, dated November 27,2012, of
Barney's Compounding  Center  (Applicant),  for  a  permit  as  a  non-resident  phaimacy  in  this
State.  At its meeting on January 16,2013, the Board considered this application with a quorum
present.  Applicant  appeared  and  offered  testimony  to  supplement its  application  for  a  non­
resident pharmacy license.  .
After delibe"ration,  the  Board  voted  to DENY Applicant's request for  licensure  for  the
reasons stated in this Order.  .
FINDINGS OF FACT
1. Applicant applied for a non-resident pharmacy permit on N ~vember 27, 2012.
2. Ashley Riggs is the Pharmacy Resident.  Ms. Riggs is a licensed Pharmacist.
3. Applicant  was  issued  an  Order to  Cease  and  Desist  because  the  Augusta,  Georgia
location  (LTC)  was  shipping  medicine  to  South  Carolina  without  the  appropriate
permit.
4. Applicant applied for licensure after Order to Cease and Desist was issued.
CONCLUSIONS OF LAW
In  an  application  hearing,  "(t)he  applicant shall  demonstrate  to  the satisfaction  of the
board that the applicant meets all requirements for the issuance of a license." S.C. Code Ann.  §
40-1-130  (1976,  as  amended).  Thus,  the  burden  of proof in an  application  for  licensure  or
certification is on the Applicant to proVide full, complete, and accurate responses to all questions
on the application and to demonstrate that he or she is qualified for the license sought.
In this  case,  Applicant  violated  South Carolina Law  by  shipping  drugs  into  this  state
without a non-resident permit. Ms. Riggs could not answer many of the Board's questions as to
why the drugs were shipped to South Carolina without a non-resident permit. THEREFORE; IT  IS  ORDERED  that  Applicant's  application' for  a  non-resident
phannacy permit in this State is DENIED.
AND IT IS SO ORDERED.
SOUTH CAROLINA DEPARTME

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