South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-112 - Implementation of Emergency Health Powers Act › Section 61-112.7 - Response equipment and supplies

Current through Register Vol. 48, No. 6, June 28, 2024
A. Possession and distribution
i. Pursuant to Code Section
			 44-4-330,
			 DHEC may purchase antitoxins, serums, vaccines, immunizing agents, antibiotics,
			 and other pharmaceutical agents or medical supplies ("Medical Supplies"). After
			 declaration of a Public Health Emergency, and in accordance with Code Section
			 11-35-1570,
			 the Commissioner or his designee may authorize others to make emergency
			 procurements; provided, that such emergency procurements shall be made with as
			 much competition as is practicable under the circumstances. A written
			 determination of the basis for the emergency and for the selection of the
			 particular contractor shall be included in the contract file.
ii. Strategic National Stockpile
a. DHEC has been designated as the entity
			 responsible for distribution of SNS materials after transfer of SNS materials
			 from CDC. DHEC shall name a consultant pharmacist to be responsible for
			 establishing appropriate policies and procedures for the receipt, storage,
			 dispensing, and distribution of drugs from the SNS and for supervising a
			 record-keeping system for those drugs. DHEC shall submit these policies,
			 procedures, and record-keeping systems to the Board of Pharmacy for review and
			 approval.
b. Upon notification that
			 SNS materials are being sent to South Carolina and the declaration of a Public
			 Health Emergency, DHEC shall notify the SC Board of Pharmacy and the SC
			 Department of Labor, Licensing and Regulation of the impending arrival,
			 distribution, and dispensing of SNS materials.
c. Provided that the Board of Pharmacy has
			 approved the submitted policies, procedures and record-keeping systems, DHEC
			 may proceed to distribute and dispense SNS materials.
d. Records with respect to receipt, storage,
			 distribution and dispensing of SNS materials shall be retained for two years
			 and shall be readily available for audit by the Board of Pharmacy, the
			 Department of Labor, Licensing and Regulation, the DHEC Bureau of Drug Control,
			 or a responsible Federal agency.
iii. DHEC may distribute, administer or
			 dispense Medical Supplies either through its own employees, by instructions to
			 wholesalers, or by allocation to health care providers for redistribution in
			 accordance with directives issued by DHEC. In allocating Medical Supplies, DHEC
			 will consider the amount on hand, the amount reasonably anticipated from other
			 sources, and the population at risk. DHEC may allocate or deny Medical Supplies
			 based on age, proximity to an initiating event or route of transmission,
			 whether the individual is a First Responder, whether alternative personal
			 protective measures are readily available, or other criteria of epidemiological
			 significance.
iv. In allocating
			 Medical Supplies to First Responders, DHEC may consider proximity to an
			 initiating event or route of transmission in addition to other risk
			 factors.