NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 807

HOUSE BILL 980

 

 

AN ACT TO REWRITE G.S. 90-65 RELATING TO THE POWER OF THE BOARD OF PHARMACY TO SUSPEND, REVOKE, OR REFUSE TO RENEW A PHARMACIST LICENSE OR A DRUG STORE PERMIT.

 

The General Assembly of North Carolina do enact:

 

Section 1.  That G.S. 90-65 be and the same is hereby rewritten to read as follows:

"G.S. 90-65.  Denial, Suspension, Revocation or Refusal to Renew Pharmacist's License or Drug Store Permit.

"(A)      The Board of Pharmacy may, after due notice and hearing, refuse to grant any license, or may suspend, revoke, or refuse to renew any license issued by it to any pharmacist or assistant pharmacist, or any permit to a physician to conduct a drug store in a village of not more than 800 inhabitants upon any of the following grounds:

"(1)      Fraud or false representations made in connection with securing such license or any renewal thereof;

"(2)      Being guilty of any felony or any offense involving moral turpitude if the felony or offense affects his fitness to practice pharmacy;

"(3)      Habitual indulgence in the use of narcotic or other drugs or intoxicating liquors to such a degree as renders him unfit to practice pharmacy;

"(4)      Fraud or false representation made in connection with the practice of pharmacy which endangers or is likely to endanger the health or safety of the public;

"(5)      Gross immorality;

"(6)      Physical or mental disability, when shown by affidavit or sworn testimony of three physicians that such conditions exist and the Board determines that it is in the interest of the public health and safety that the license should not remain in force, or be renewed, as the case might be;

"(7)      Willful failure to comply with the laws governing the practice of pharmacy and the distribution of drugs;

"(8)      Willful failure to comply with the rules and regulations of the Board of Pharmacy where such failure is found to endanger or is likely to endanger the health and safety of the public.

"(B)      The Board of Pharmacy may, after due notice and hearing, refuse to grant any permit to any person or party for the operation of a drug store or pharmacy, or may suspend, revoke or refuse to renew the permit of any holder for the operation of any drug store or pharmacy upon the same grounds as stated in subsection (A).

"(C)      Any license or permit or renewal thereof obtained through fraud or by any fraudulent or false representations shall be void and of no effect in law."

Sec. 2.  If any clause, sentence, paragraph or provision of this Act shall for any reason be adjudged by any court to be unconstitutional or invalid such judgment shall not affect or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or provision thereof so found unconstitutional or invalid.

Sec. 3.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1967.