GA Code § 26-4-82 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 4 - Pharmacists and Pharmacies|Article 5 - Prescription Drugs|§ 26-4-82. (See Editor's notes.) Duties Requiring Professional Judgment; Responsibilities of Licensed Pharmacist

  In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment.   For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.   In the dispensing of all prescription drug orders:   The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;   The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;   When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;   When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and   Pharmacy technicians in the dispensing area shall be easily identifiable.     The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of four pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. At any time during which the pharmacist directly supervises four pharmacy technicians, two of such technicians must be certified. At any time during which the pharmacist directly supervises three pharmacy technicians, one of such technicians must be certified. No certification is required for pharmacy technicians in pharmacies at any time during which the pharmacist directly supervises one or two pharmacy technicians. In order to be certified, pharmacy technicians must:   Have successfully passed a certification program approved by the board of pharmacy;   Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or   Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy.     In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.     (Code 1981, §26-4-82, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 2002, p. 1492, § 1; Ga. L. 2007, p. 229, § 2/HB 330; Ga. L. 2021, p. 83, § 1/HB 316.)    The 2021 amendment,  effective July 1, 2021, in subsection (d), substituted "four" for "three" near the end of the proviso of the first sentence, substituted "At any time during which the pharmacist directly supervises four pharmacy technicians, two of such technicians must be certified." for "One of the three" in the fourth sentence, added the fifth and sixth sentences, and added "In order to be certified, pharmacy" at the beginning of the last sentence.   Editor's notes.   - Ga. L. 2007, p. 229, § 5/HB 330, not codified by the General Assembly, provides that the 2007 amendment becomes effective only if funds are specifically appropriated for purposes of the Act and shall become effective when funds so appropriated become available for expenditure. Funds were appropriated at the 2010 session of the General Assembly and thus, the 2007 amendment became effective July 1, 2010.   For application of this statute in 2020 and 2021, see Executive Order 03.31.20.04, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.