reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-25 - Expense and mileage allowances; reimbursement of certain costs and fees

Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section
45-7-21
and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier within this state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of this state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members shall be subject to approval of the president and executive director. Out-of-state travel by board members shall be approved by the board president and the executive director.
Amended by 2013 Ga. Laws 83,§ 1-7, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-26 - Meetings; notice; quorum; open meetings

(a)
To transact its business, the board shall hold regular meetings at least once each month unless, in the discretion of the president, it is deemed unnecessary for a particular month. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board.
(b)
Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings.
(c)
A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum.
(d)
Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board.
(e)
All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public.
(f)
Proceedings before the board wherein a licensee's or permit holder's right to practice pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Neither refusal of a license or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50; provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any relevant book, writing, paper, or document. If any licensee or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or permit holder and take action as if such licensee or permit holder had been present.
Amended by 2013 Ga. Laws 83,§ 1-8, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-27 - Authority to establish rules and regulations

The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-28.2 - Notification to board of convictions

Any licensee, registration holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license, registration, permit, or other authorization to engage in the practice of pharmacy or another profession regulated under this chapter.
Added by 2013 Ga. Laws 83,§ 1-10, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-30 - Construction of chapter

This chapter shall not be construed to prohibit the sale by general merchants or other nonpharmacy retailers of nonprescription drugs when sold only in their original and unbroken packages.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-40 - Unlawful to practice pharmacy without license; exception; penalty

(a)
Except as otherwise provided in this chapter, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed to practice under the provisions of this chapter.
(b)
Practitioners authorized under the laws of this state to compound drugs and to dispense drugs to their patients in the practice of their respective professions shall not be required to be licensed under the provisions of this chapter; however, practitioners shall meet the same standards, record-keeping requirements, and all other requirements for the dispensing of drugs applicable to pharmacists.
(c)
Any individual who, after hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy shall be subject to a fine to be imposed by the board for each offense. Each violation of this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a felony punishable upon conviction thereof by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-43 - Temporary licenses

(a)
A temporary license may be issued by the executive director upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. Except as provided in subsection (b) of this Code section, temporary licenses shall expire at the end of the month following the third board meeting conducted after the issuance of such license and may not be reissued or renewed.
(b)
A temporary license may be issued to a service member, as defined in Code Section
26-4-44.2
, for a period of six months. The board shall promulgate rules and regulations to effectuate this subsection.
(c)
Notwithstanding subsection (a) of this Code section, applicants who have been accepted for a pharmacy resident position in this state may be issued a temporary license if they meet the examination requirement for licensure as specified by the board.
Amended by 2016 Ga. Laws 620,§ 3, eff. 7/1/2016.
Amended by 2013 Ga. Laws 83,§ 1-12, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-44 - Renewal of licenses

(a)
Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the executive director within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy education in accordance with Code Section
26-4-45
and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant.
(b)
If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board.
Amended by 2013 Ga. Laws 83,§ 1-13, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-44.1 - Inactive license status

(a)
The board shall provide by rule for an inactive pharmacist license status for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceuticals education.
(b)
The board shall provide by rule for reactivation of a pharmacist license for those persons who wish to have an active license. Such individuals must first file a reactivation application with the board and comply with the requirements for reactivation as set forth by board rule.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-44.2 - Exceptions for active duty service members

(a)
As used in this Code section, the term "service member" means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer.
(b)
Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.
Added by 2005 Ga. Laws 48,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-45 - Continuing professional pharmaceutical education requirements

The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the executive director until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other approved educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year.
Amended by 2013 Ga. Laws 83,§ 1-14, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-46 - Pharmacy intern licenses; eligibility; requirements

(a)
To obtain a license as a pharmacy intern, an applicant shall:
(1)
Have submitted an application in the form prescribed by the board of pharmacy;
(2)
Have attained the age of majority;
(3)
Be of good moral character; and
(4)
Have paid the fees specified by the board for the issuance of the license.
(b)
The following individuals shall be eligible to be licensed as a pharmacy intern:
(1)
A student who is currently enrolled in an approved school or college of pharmacy;
(2)
An individual who is a graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or
(3)
An individual who does not meet the requirements of paragraphs (1) and (2) of this subsection and is a graduate of a pharmacy school or college located in another country but who has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations, the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language.
(c)
The board shall approve all internship programs for the purpose of providing the practical experience necessary for licensure as a pharmacist. A pharmacy intern is authorized to engage in the practice of pharmacy under the supervision of a pharmacist. The board shall adopt rules regarding the licensure of interns and the standards for internship programs.
Amended by 2010 Ga. Laws 417,§ 4, eff. 5/20/2010.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-47 - Validity of pharmacy intern licenses

(a)
Licenses issued under Code Section
26-4-46
shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire.
(b)
Any license issued pursuant to Code Section
26-4-46
shall expire at the time a pharmacy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title.
(c)
Any license issued pursuant to Code Section
26-4-46
shall expire upon notification that a person has taken and failed the board examination for the third time.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-48 - Renewal of pharmacy intern licenses

Licenses issued pursuant to Code Section
26-4-46
which shall expire by lapse of time may be renewed upon application, unless, at the time of expiration, there shall be pending action before the board to suspend or revoke such license.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 3 - PRACTICE OF PHARMACY (§§ 26-4-40 — 26-4-52) › Section 26-4-50 - Drug therapy modification certification

(a)
No pharmacist shall be authorized to modify drug therapy pursuant to Code Section
43-34-24
unless that pharmacist:
(1)
Is licensed to practice as a pharmacist in this state;
(2)
Has successfully completed a course of study regarding modification of drug therapy and approved by the board;
(3)
Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and
(4)
Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.
(b)
Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs.
Amended by 2009 Ga. Laws 243,§ 6, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 4 - DISCIPLINE (§§ 26-4-60 — 26-4-62) › Section 26-4-61 - Temporary suspension of license; notice; disciplinary hearings

(a)
The provisions of subsection (c) of Code Section
50-13-18
with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(b)
Whenever a notice of summary suspension, notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding is docketed, it shall be personally served upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked "unclaimed" or "refused" or is otherwise undeliverable and if the licensee or applicant cannot, after reasonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant.
(c)
If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 4 - DISCIPLINE (§§ 26-4-60 — 26-4-62) › Section 26-4-62 - Penalty for violation of chapter

Except as otherwise provided in this chapter or in Chapter 13 of Title 16, any violation of this chapter shall constitute a misdemeanor.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-80.1 - Use of security paper for hard copy prescription drug orders for Schedule II controlled substances

(a)
Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner shall be written on security paper.
(b)
A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements.
(c)
If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on security paper approved by the board that meets the requirements of subparagraph (A) of paragraph (38.5) of Code Section
26-4-5
or security paper that meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section
26-4-5
.
(d)
Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use.
(e)
The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by paragraph (38.5) of Code Section
26-4-5
. The seal shall be affixed to all security paper used in this state; provided, however, that security paper which meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section
26-4-5
shall not be required to have such affixed seal.
(f)
The board may adopt rules necessary for the administration of this Code section.
(g)
The security paper requirements in this Code section shall not apply to:
(1)
Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or
(2)
Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order.
Amended by 2013 Ga. Laws 31,§ 4, eff. 7/1/2013.
Added by 2011 Ga. Laws 229,§ 5, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-83 - Patient record systems

(a)
The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section and rules and regulations established by the board upon the failure to maintain an appropriate patient record system.
(b)
A patient record system shall be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The patient record system shall provide for the immediate retrieval of information necessary by the pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's designee shall make a reasonable effort to obtain, record, and maintain the following information:
(1)
The full name of the patient for whom the drug is intended;
(2)
The address and telephone number of the patient;
(3)
The date of birth of the patient; and
(4)
The gender of the patient.
(c)
The pharmacist shall make a reasonable effort to obtain from the patient or the patient's agent and shall record any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and identify any other drugs, including over-the-counter drugs or devices, currently being used by the patient which may relate to prospective drug use review unless the patient or the patient's agent refuses to provide such information. The pharmacist shall make a reasonable effort to obtain, record, and maintain the following information:
(1)
A list of all prescription drug orders obtained by the patient at the pharmacy where the prescription drug order is being filled for at least the preceding two years, showing the prescription number, the name and strength of the drug, the quantity and date dispensed, and the name of the prescribing practitioner; and
(2)
Comments from the pharmacist relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug.
(d)
A patient record shall be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy of a computerized form.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-84 - Restriction of license for failure to review patient records and prescription drug orders

(a)
The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to review patient records and prescription drug orders.
(b)
A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying:
(1)
Overutilization or underutilization;
(2)
Therapeutic duplications;
(3)
Drug-disease contraindications;
(4)
Drug-drug interactions;
(5)
Incorrect drug dosage, dosage form, or duration of drug therapy;
(6)
Drug-allergy interactions; and
(7)
Clinical abuse or misuse.
(c)
Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include consultation with the prescribing practitioner.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-86 - Compounding and distribution of drug products

(a)
The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.
(b)
(1)
All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title.
(2)
All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration.
(c)
In regards to pharmacists compounding nonpatient-specific sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such nonpatient-specific sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication.
(d)
(1)
Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section
26-4-130
shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding.
(2)
Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section
26-4-130
.
Amended by 2017 Ga. Laws 275,§ 26, eff. 5/9/2017.
Amended by 2016 Ga. Laws 620,§ 4, eff. 7/1/2016.
Amended by 2013 Ga. Laws 31,§ 5, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-87 - Storage and handling of controlled substances and dangerous drugs

The board shall promulgate rules and regulations governing the appropriate and proper storage and handling of controlled substances and dangerous drugs as defined in Chapter 13 of Title 16 which are consistent with those standards established by the United States Pharmacopeial Convention.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-88 - Restrictions on dispensing of medicines, drugs, or poisons; functions which require the professional judgment of a pharmacist

(a)
No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy intern dispensing such items in accordance with this chapter.
(b)
Except as otherwise required pursuant to Code Section
26-4-86
, this chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section
26-4-130
.
(c)
Nothing in this Code section shall prohibit any person from assisting any duly licensed pharmacist or practitioner, provided that such duly licensed pharmacist or practitioner shall be physically present in the prescription area and actually observing the actions of such person performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner.
(d)
With respect to pharmacy technicians, the following functions require the professional judgment of a pharmacist, or pharmacy intern under the supervision of a pharmacist, and may not be performed by a pharmacy technician:
(1)
Acceptance of initial oral prescriptions;
(2)
Certification of a filled or finished prescription or prescription drug order;
(3)
Weighing or measuring active ingredients without a mechanism of verification;
(4)
Reconstitution of prefabricated medication without a mechanism of verification;
(5)
Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization;
(6)
Entry of orders on patient medication profiles without verification by a pharmacist; and
(7)
Provision of drug information that has not been prepared or approved by the pharmacist.
Amended by 2013 Ga. Laws 31,§ 6, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-89 - Selling drugs in vending machines prohibited; remote automated medication system excluded

(a)
Any person who shall sell or dispense prescription drugs by the use of vending machines shall be guilty of a misdemeanor.
(b)
A remote automated medication system shall not be considered a vending machine for purposes of this Code section.
Amended by 2024 Ga. Laws 462,§ 3, eff. 7/1/2024.
Amended by 2011 Ga. Laws 75,§ 8, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 5 - PRESCRIPTION DRUGS (§§ 26-4-80 — 26-4-90) › Section 26-4-90 - Remuneration for professional pharmacy care services

Nothing in this chapter shall be interpreted to prohibit a pharmacist or pharmacy from being remunerated for professional pharmacy care services.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-110.1 - [Repealed]

Repealed by 2020 Ga. Laws 564,§ 1, eff. 1/1/2021.
Added by 2002 Ga. Laws 1000, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-111 - Licensure procedures for pharmacies; non-transferability; minimum standards

(a)
The board shall specify by rule the pharmacy licensure procedures to be followed, including but not limited to specification of forms for use in applying for such licensure and times, places, and applicable fees.
(b)
Applicants for licensure to distribute, manufacture, sell, purchase, or produce drugs or devices within this state shall file with the board a verified application containing such information as the board requires of the applicant relative to the qualifications for a license.
(c)
Pharmacy licenses issued by the board pursuant to this chapter shall not be transferable or assignable.
(d)
The board shall specify by rule minimum standards for responsibility of any person or pharmacy that has employees or personnel engaged in the practice of pharmacy, manufacture, distribution, production, sale, or use of drugs or devices in the conduct of their business. If the licensed person is a pharmacy located in this state, that portion of the facility to which such license applies shall be operated only under the direct supervision of a pharmacist licensed to practice in this state.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-112 - Occurrences requiring immediate notification to board

The board shall be notified immediately upon the occurrence of any of the following:
(1)
Permanent closing of a licensed pharmacy;
(2)
Change of ownership, management, or location of a licensed pharmacy;
(3)
Change of the pharmacist in charge of a licensed pharmacy. If upon the board being notified of such change a replacement pharmacist in charge is not named in said notification, the license of that pharmacy shall stand suspended pending further findings by the board;
(4)
Any theft or loss of drugs or devices of a licensed pharmacy;
(5)
Any known conviction of any employee of a licensed pharmacy of any state or federal drug laws;
(6)
Disasters, accidents, theft, destruction, or loss of records of a licensed pharmacy required to be maintained by state or federal law;
(7)
Occurrence at a licensed pharmacy of a significant adverse drug reaction as defined by rules of the board; or
(8)
Any and all other matters and occurrences at a licensed pharmacy as the board may require by rule.
Amended by 2013 Ga. Laws 31,§ 7, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-114 - Special pharmacy permits

(a)
A pharmacy located within and owned and operated by a school or college of pharmacy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit.
(b)
A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs.
(c)
The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-115.1 - Requirement that certain wholesale distributors of controlled substances and dangerous drugs provide price and quantity information

Every wholesale distributor registered as provided in Chapter 13 of Title 16 or subsection (a) of Code Section
26-4-115
, except those which are exclusively reverse drug distributors, shall provide to the Department of Community Health such information, with regard to the controlled substances and dangerous drugs which are distributed by that wholesale distributor, as is determined by that department to be necessary or useful in the department's efficient administration of the state plan for medical assistance, as defined in Code Section
49-4-141
, and in the department's determination of possible violations of Chapter 13 of Title 16, which information shall include but not be limited to price and quantity information.
Added by 2001 Ga. Laws 260, § 6.1, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-116 - Emergency service providers; contracts with issuing pharmacy; record keeping; inspections

(a)
Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from pharmacies licensed in this state only in accordance with the provisions of this Code section.
(b)
The medical director of an emergency service provider and an issuing pharmacy must have a signed contract or agreement designating such pharmacy as a provider of drugs and consultant services and a copy must be filed with the state board and the Department of Public Health prior to any drugs being issued.
(c)
A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of an issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.
(d)
A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs.
(e)
To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.
(f)
A pharmacist from a contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that:
(1)
Drugs are properly stored, especially those requiring special storage conditions;
(2)
Drugs are properly accounted for by personnel of such emergency service provider;
(3)
Proper security measures to prohibit unauthorized access to the drugs are implemented; and
(4)
All policies and procedures are followed and enforced.
(g)
All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board.
Amended by 2013 Ga. Laws 226,§ 2, eff. 5/6/2013.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-116.1 - Licensed health practitioners authorized to prescribe auto-injectable epinephrine for schools; pharmacists authorized to fill prescriptions

(a)
A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section
43-34-25
, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103
may prescribe auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section
20-2-776.2
and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant.
(b)
A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section
43-34-25
, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103
may prescribe auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section
31-1-14
.
(c)
A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) or (b) of this Code section.
Amended by 2016 Ga. Laws 625,§ 26, eff. 5/3/2016.
Amended by 2015 Ga. Laws 56,§ 1, eff. 7/1/2015.
Added by 2013 Ga. Laws 326,§ 2, eff. 5/7/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-116.3 - Licensed health practitioners authorized to prescribe levalbuterol sulfate or abuterol sulfate for schools; pharmacists authorized to fill prescriptions

(a)
A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section
43-34-25
, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103
may prescribe levalbuterol sulfate or albuterol sulfate in the name of a public or private school for use in accordance with Code Section
20-2-776.3
.
(b)
A pharmacist may dispense levalbuterol sulfate or albuterol sulfate pursuant to a prescription issued in accordance with subsection (a) of this Code section.
Added by 2015 Ga. Laws 56,§ 1A, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-116.4 - Undesignated ready-to-use glucagon for schools

(a)
A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section
43-34-25
, and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section
43-34-103
may prescribe undesignated ready-to-use glucagon in the name of a public or private school for use in accordance with Code Section
20-2-779
and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant.
(b)
A pharmacist may dispense undesignated ready-to-use glucagon pursuant to a prescription issued in accordance with subsection (a) of this Code section.
Added by 2023 Ga. Laws 10,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 6 - PHARMACIES (§§ 26-4-110 — 26-4-119) › Section 26-4-117 - Duty to prosecute violations

(a)
It shall be the duty of the prosecuting attorney of the court of competent jurisdiction to whom the board or some other person shall report a violation of this chapter to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided.
(b)
The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 7 - PRACTITIONERS OF THE HEALING ARTS (§§ 26-4-130 — 26-4-131) › Section 26-4-131 - Examination of food, drug, and cosmetic specimens; violations of federal law

The examination of specimens of foods, drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 8 - THIRD-PARTY PRESCRIPTION PROGRAMS (§§ 26-4-140 — 26-4-148) › Section 26-4-140 - Short title

This article shall be known and may be cited as the "Third-party Prescription Program Law of 1983."