GA Code § 26-4-80 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 4 - Pharmacists and Pharmacies|Article 5 - Prescription Drugs|§ 26-4-80. License Required for Practice of Pharmacy; Dispensing of Prescription Drugs; Prescription Drug Orders; Electronically Transmitted Drug Orders; Refills; Schedule Ii Controlled Substance Prescriptions

  All persons engaging in the practice of pharmacy in this state must be licensed by the board.   Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. A pharmacist shall have the same corresponding liability for prescriptions as an issuing practitioner as set forth in 21 C.F.R. Part 1304 as such regulation exists on January 1, 2013. Valid prescription drug orders shall include those issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state, or of any state or territory of the United States, to prescribe dangerous drugs or controlled substances or both.   A prescription drug order may be accepted by a pharmacist or pharmacy intern or extern in written form, orally, via an electronic visual image prescription drug order, or via an electronic data prescription drug order as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a Schedule II controlled substance are set forth in subsection (l) of this Code section, the board's regulations, or the regulations of the United States Drug Enforcement Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall either be an electronic visual image of a prescription drug order or an electronic data prescription drug order and shall meet the requirements set forth in regulations promulgated by the board. A hard copy prescription prepared by a practitioner or a practitioner's agent, which bears an electronic visual image of the practitioner's signature and is not sent by facsimile, must be printed on security paper. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:   Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioner's agent under supervision of the practitioner, to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order. For purposes of this paragraph, "intervening person or intermediary" shall not include a person who electronically formats or reconfigures data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;   Prescription drug orders transmitted by facsimile or computer shall include:   In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner;   In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner;   The telephone number of the practitioner for verbal confirmation;   The name and address of the patient, unless the prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with chlamydia or gonorrhea, in which case, the name and address of such sexual partner of the patient;   The time and date of the transmission;   The full name of the person transmitting the order; and   The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22;     An electronically transmitted, issued, or produced prescription drug order which meets the requirements of this Code section shall be deemed the original order;   The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of any electronically transmitted, issued, or produced prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same;   An electronically encrypted, issued, or produced prescription drug order transmitted from a practitioner to a pharmacist shall be considered a highly confidential transaction and such transmission, issuance, or production shall not be compromised by unauthorized interventions, control, change, altering, manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy of the patient's choice. For purposes of this paragraph, "unauthorized interventions, control, change, altering, manipulation, or accessing patient record information" shall not include electronic formatting or reconfiguring of data or information for purposes of integrating into and between computer or facsimile systems of practitioners and pharmacists;   Any pharmacist who transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and     The board shall promulgate rules and regulations under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations.   The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when:   The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 24 hours or the next business day;   At least one licensed pharmacist is physically present in the hospital; or   At least one licensed pharmacist is physically present in another hospital within this state which remotely serves only on weekends not more than four other hospitals under the same ownership or management which have an average daily census of less than 12 acute patients.     Before a hospital may engage in remote order entry as provided in this paragraph, the director of pharmacy of the hospital shall submit to the board written policies and procedures for the use of remote order entry. The required policies and procedures to be submitted to the board shall be in accordance with the American Society of Health-System Pharmacists and shall contain provisions addressing quality assurance and safety, mechanisms to clarify medication orders, processes for reporting medication errors, documentation and record keeping, secure electronic access to the hospital pharmacy's patient information system and to other electronic systems that the on-site pharmacist has access to, access to hospital policies and procedures, confidentiality and security, and mechanisms for real-time communication with prescribers, nurses, and other caregivers responsible for the patient's health care.   If the board concludes that the hospital's actual use of remote order entry does not comply with this paragraph or the rules adopted pursuant to this chapter, it may issue a cease and desist order after notice and hearing.       Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be released to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharmacist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-12-1, confidential information may be released to others only on the written release of the patient, court order, or subpoena.   Except as authorized under subsection (j) of this Code section, a prescription may not be refilled without authorization. When refills are dispensed pursuant to authorization contained on the original prescription or when no refills are authorized on the original prescription but refills are subsequently authorized by the practitioner, the refill authorization shall be recorded on the original prescription document and the record of any refill made shall be maintained on the back of the original prescription document or on some other uniformly maintained record and the dispensing pharmacist shall record the date of the refill, the quantity of the drug dispensed, and the dispensing pharmacist's initials; provided, however, that an original prescription for a Schedule III, IV, or V controlled substance which contains no refill information may not be authorized to be refilled more than five times or after six months from the date of issuance, whichever occurs first. Authorization for any additional refill of a Schedule III, IV, or V controlled substance prescription in excess of five refills or after six months from the date of issuance of the prescription shall be treated as a new prescription.     When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. Such circumstances may include but are not limited to instances in which, with regard to a particular county or area of this state, the Governor has issued an executive order or proclamation declaring a state of emergency or the National Weather Service has issued a hurricane warning, the pharmacist may dispense up to a 30 day supply in the counties or areas affected by such order, proclamation, or warning, provided that:   The prescription is not for a Schedule II controlled substance as set out in Code Section 16-13-26;   In the pharmacist's professional judgment, the prescription is essential to the maintenance of life or to the continuation of therapy for a chronic condition;   In the pharmacist's professional judgment, the interruption of such therapy might reasonably produce undesirable health consequences or cause physical or mental discomfort;   The dispensing pharmacist creates and signs a written order containing all of the prescription information required by this article and by Chapter 13 of Title 16; and   The dispensing pharmacist notifies the prescriber of the emergency dispensing within 48 hours after such dispensing and each such dispensing thereafter.     Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products:   A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and   At the patient's request, a practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use.  This paragraph shall apply to refills purchased through retail pharmacies and mail order sources.        The pharmacist who fills or refills a prescription shall record the date of dispensing and indicate the identity of the dispensing pharmacist on the prescription document or some other appropriate and uniformly maintained record. If this record is maintained on the original prescription document, the original dispensing and any refills must be recorded on the back of the prescription.   When the patient no longer seeks personal consultation or treatment from the practitioner, the practitioner and patient relationship is terminated. A prescription becomes invalid after the practitioner and patient relationship is terminated which is defined as a reasonable period of time not to exceed six months in which the patient could have established a new practitioner and patient relationship as established by the board through the promulgation of rules and regulations.   All prescription drug orders must bear the signature of the prescribing practitioner as defined in Code Section 16-13-21. Physician assistants must comply with all applicable laws regarding signatures. Further, the nature of such signature must meet the requirements set forth in regulations promulgated by the board. A physically applied signature stamp is not acceptable in lieu of an original signature. Except as otherwise provided for in this subsection, when an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which has been transmitted by someone other than the practitioner, the name of the individual making the transmission and the date, time, and location of the origin of the transmission must be recorded on the original prescription drug order or other record by the pharmacist receiving the transmission. No one other than the practitioner or an agent authorized by the practitioner shall transmit such prescriptions in any manner. In institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations, the name of the individual making the transmission is not required to be placed on the order.   A pharmacist licensed by the board may dispense up to a 72 hour supply of a prescribed medication in the event the pharmacist is unable to contact the practitioner to obtain refill authorization, provided that:   The prescription is not for a controlled substance;   In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;   The dispensing pharmacist notifies the practitioner or his or her agent of the dispensing within seven working days after the prescription is refilled pursuant to this subsection;   The pharmacist properly records the dispensing as a separate nonrefillable prescription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition it shall contain the number of the prescription from which it was refilled;   The pharmacist shall record on the patient's record and on the new document the circumstances which warrant such dispensing; and   The pharmacist does not employ this provision regularly for the same patient on the same medication.     All out-patient prescription drug orders which are dispensed shall be appropriately labeled in accordance with the rules and regulations promulgated by the board as follows:   Before an out-patient prescription drug is released from the dispensing area, the prescription drug shall bear a label containing the name and address of the pharmacy, a prescription number, the name of the prescriber, the name of the patient, directions for taking the medication, the date of the filling or refilling of the prescription, the initials or identifying code of the dispensing pharmacist, and any other information which is necessary, required, or, in the pharmacist's professional judgment, appropriate; and   The pharmacist who fills an out-patient prescription drug order shall indicate the identity of the dispensing pharmacist on the label of the prescription drug. Identification may be made by placing initials on the label of the dispensed drug. The label shall be affixed to the outside of the container of the dispensed drug by means of adhesive or tape or any other means which will assure that the label remains attached to the container.     A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306. A pharmacist shall require a person picking up a Schedule II controlled substance prescription to present a government issued photo identification document or such other form of identification which documents legibly the full name of the person taking possession of the Schedule II controlled substance subject to the rules adopted by the board.   No licensee nor any other entity shall be permitted to provide facsimile machines or equipment, computer software, technology, hardware, or supplies related to the electronic transmission of prescription drug orders to any practitioner which restricts such practitioner from issuing prescription drug orders for certain prescription drugs or restricts a patient from choosing the retail pharmacy to which an electronic prescription drug order may be transmitted.   Institutions including, but not limited to, hospitals, long-term care facilities, and inpatient hospice facilities which utilize electronic medical record systems that meet the information requirements for prescription drug orders for patients pursuant to this Code section shall be considered to be in compliance with this Code section.   Nothing in this Code section shall be construed to prohibit any insurance company, hospital or medical service plan, health care provider network, health maintenance organization, health care plan, employer, or other similar entity providing health insurance from offering incentives to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders.   Pharmacists dispensing prescriptions pursuant to a remote automated medication system in accordance with the rules and regulations adopted by the State Board of Pharmacy pursuant to paragraph (12.1) of subsection (a) of Code Section 26-4-28 shall be considered in compliance with this Code section.     A pharmacist may, in the exercise of his or her professional judgment and in consultation with the patient, dispense up to a 90 day supply of maintenance medication for treatment of chronic illnesses up to the total number of dosage units as authorized by the prescriber on the prescription, including any refills, unless:   The prescriber has specified on the prescription that concurrently dispensing initial amounts and refills of such maintenance medication is not allowed; or   It is the initial filling of a prescription for a new maintenance medication or dosage for the patient.     Paragraph (1) of this subsection shall not apply to Schedule II, III, IV, or V controlled substances.       (Code 1981, §26-4-80, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 1999, p. 81, § 26; Ga. L. 2004, p. 738, §§ 4, 5; Ga. L. 2006, p. 444, § 2/HB 246; Ga. L. 2009, p. 859, § 3/HB 509; Ga. L. 2011, p. 99, § 39/HB 24; Ga. L. 2011, p. 308, § 7/HB 457; Ga. L. 2011, p. 659, § 4/SB 36; Ga. L. 2012, p. 1092, § 1B/SB 346; Ga. L. 2013, p. 127, § 3/HB 209; Ga. L. 2013, p. 141, § 26/HB 79; Ga. L. 2013, p. 736, § 1/SB 216; Ga. L. 2015, p. 585, § 3/SB 194; Ga. L. 2017, p. 764, § 3-1/SB 193; Ga. L. 2018, p. 132, § 2/HB 769; Ga. L. 2020, p. 802, § 4/SB 391; Ga. L. 2020, p. 805, § 4/HB 791.)    The 2012 amendment,  effective July 1, 2012, designated the existing provisions of paragraph (c)(7) as subparagraph (c)(7)(A); deleted "which may provide specific exceptions" following "rules and regulations" in subparagraph (c)(7)(A); and added subparagraphs (c)(7)(B) through (c)(7)(D).    The 2013 amendments.  The first 2013 amendment, effective July 1, 2013, added the third and fourth sentences in subsection (b); substituted "within 24 hours;" for "within 16 hours; or" in division (c)(7)(B)(i); in division (c)(7)(B)(ii), substituted "At least" for "When at least" at the beginning, and added "; or" at the end; and added division (c)(7)(B)(iii). The second 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted "such transmission" for "the said transmission" in the first sentence of paragraph (c)(5), substituted "pharmacist who transmits" for "pharmacist that transmits" in paragraph (c)(6), and revised language in subparagraph (c)(7)(C). The third 2013 amendment, effective May 6, 2013, substituted "24 hours" for "16 hours; or" at the end of division (c)(7)(B)(i); in division (c)(7)(B)(ii), substituted "At least" for "When at least" at the beginning, and added "; or" at the end; and added division (c)(7)(B)(iii).    The 2015 amendment,  effective July 1, 2015, designated the previously existing provisions of subsection (f) as paragraph (f)(1), and, in the second sentence of that paragraph, substituted "practitioner" for "prescriber"; and added paragraph (f)(2).    The 2017 amendment,  effective July 1, 2017, added ", unless the prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with chlamydia or gonorrhea, in which case, the name and address of such sexual partner of the patient" to subparagraph (c)(2)(D).    The 2018 amendment,  effective July 1, 2018, added "or the next business day" at the end of division (c)(7)(B)(i); deleted "pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy" following "hospital" in division (c)(7)(B)(ii); and substituted "in another hospital" for "in a hospital" near the middle of division (c)(7)(B)(iii).    The 2020 amendments.  The first 2020 amendment, effective August 5, 2020, added the last sentence in paragraph (f)(1), and added subparagraphs (f)(1)(A) through (f)(1)(E). The second 2020 amendment, effective August 5, 2020, added the last sentence in paragraph (f)(1); added subparagraphs (f)(1)(A) through (f)(1)(E); and added subsection (q).   Cross references.   - Insurer obligations for early prescription refills during emergencies, § 33-24-59.28.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, "pharmacist or pharmacy intern" was substituted for "pharmacist, pharmacy intern," and "or via an" was substituted for "or an" in the first sentence of subsection (c).    Pursuant to Code Section28-9-5, in 2013, the amendment of subdivision (c)(7)(B) of this Code section by Ga. L. 2013, p. 127, § 3/HB 209, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 736, § 1/SB 216, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974), and Ga. L. 2013, p. 141, § 54(d)/HB 79.   Editor's notes.   - Ga. L. 2004, p. 738, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Patient Safe Prescription Drug Act.'"   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Ga. L. 2017, p. 764, § 1-1/SB 193, not codified by the General Assembly, provides that: "The General Assembly finds that:   "(1) Untreated chlamydial infection has been linked to problems during pregnancy, including preterm labor, premature rupture of membranes, and low birth weight. The newborn may also become infected during delivery as the baby passes through the birth canal. Exposed newborns can develop eye and lung infections; and   "(2) Untreated gonococcal infection in pregnancy has been linked to miscarriages, premature birth and low birth weight, premature rupture of membranes, and chorioamnionitis. Gonorrhea can also infect an infant during delivery as the infant passes through the birth canal. If untreated, infants can develop eye infections."   Ga. L. 2020, p. 802, § 1/SB 391 and Ga. L. 2020, p. 805, § 1/HB 791, not codified by the General Assembly, provide that: "This Act shall be known and may be cited as the 'Early Prescription Refills During Emergencies Act.'"   Ga. L. 2020, p. 802, § 1/SB 391 and Ga. L. 2020, p. 805, § 1/HB 791, not codified by the General Assembly, provide that: "The General Assembly finds that:   "(1) Prescription drug medications may be essential to the maintenance of life or the continuation of therapy for a Georgian with a chronic health condition;   "(2) During times of natural disaster, many Georgians experience significant delays obtaining necessary prescription medication refills; and   "(3) Delays in obtaining such medication may result in serious, undesirable health consequences."   Law reviews.   - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 269 (2011).   JUDICIAL DECISIONS   Class action.    - Trial court erred in finding that a customer and the proposed class shared common questions of law and fact and that the customer was a sufficiently typical representative of that class under O.C.G.A. § 9-11-23(a)(2) and (a)(3) because the customer did not suffer any actual financial or physical injury as a result of a pharmacy's sale of the customer's medication information to another pharmacy; there was no evidence of any "public" disclosure of the customer's data, and such cases were bound to turn on individual rather than common questions. Rite Aid of Ga., Inc. v. Peacock, 315 Ga. App. 573, 726 S.E.2d 577 (2012).   RESEARCH REFERENCES   ALR.   - Civil liability of pharmacist or druggists for failure to warn of potential drug interactions in use of prescription drug, 79 A.L.R.5th 409.