SOUTH CAROLINA DEPARTMENT OF LABOR, LICENSING AND REGULATION
BEFORE THE BOARD OF PHARMACY
In the Matter of:
Nu Vision Phannacy,
FINAL ORDER
Applicant.
This matter came before the Board ofPhannacy("Board"), as a result of the Nonresident
Permit Subcommittee's Recommendation. Applicant was duly noticed to appear at this
subcommittee meeting for an application hearing by letter. The Applicant did not appear at the final
application hearing. .
Permit applications ofthis type are governed by S.C. Code Sections 40-43-86, 40-43-89, and
Reg. 99-43, as amended
----.
FINDINGS OF FACT
1. Applicant is located in Dallas, Texas. Applicant~s proposed phannacist-in-charge is Kristi
Kubosh. She appeared on behalf ofthe Applicant.
2. Applicant applied on January 3,2012 for a nonresident phannacy permit.
3. Applicant mostly makes nutrients and creams, and some controlled substances with
testosterone injectables. Applicant mostly does sterile compounding, with some non-sterile
compounding. Applicant testified that the facility began sterile compounding in August or
September of2012.
4. Applicant last Texas inspection was in Apri12011 (partial inspection). Applicant testified
that Texas does inspections approximately every 3 years. Applicant is not sure why the last
inspection was partial. In 2011, the facility ,was building a clean room and becoming
certified.
5. Applicant has a third-party that inspects the sterile facility.
6. Applicant has not shipped products or preparations into South Carolina previously.
7. Applicant markets at trade shows, and gets business through referrals. Most ofApplicant's
preparations are specialty compounds.
I 8. Applicant is licensed in multiple other states.
9. Applicant has a 3: 1 ratio oftechnicians and phannacists. The six technicians employed are
Texan certified.
CONCLUSIONS OF LAW
In an application hearingt
"(t)he applicant shall demonstrate to the satisfaction ofthe board
that the applicant meets all requirements for the issuance ofa license." S.C. Code Ann. §40.1-130
(1976, as amended). Thus
t
the burden ofproofin 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.
Pursuant to S.C. Code Ann. § 40-43-140, the Board may suspend, revoke, deny, or refuse to
renew the permit or impose disciplinary action authorized for violations ofthis chapter.
NOW, THEREFORE, BASED ON THE RECOMMENDATION OF THE
SUBCOMMITTEE",IT..IS.ORDERED, A1)JUDGED,AND DECREED that:
The Applicant meets the qualifications as set out by law, and is approved for a non-resident
pharmacy permit, pending a successful inspection by the Texas Board ofPhannacy on the sterile
portion ofthe facility.
AND IT IS SO ORDERED.
South Carolina Board of Pharmacy
Date: March 29. 2013
found here http://www.llr.state.sc.us/POL/FinalOrders/Pharmacy/pdf/NuVision%20Pharmacy%203-2013.pdf
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