reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-37 - REMOTE AUTOMATED MEDICATION SYSTEMS › Rule 480-37-.05 - Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) The Pharmacist
			 in Charge, personally or by licensed pharmacist designee, shall inspect all
			 RAMS within his/her jurisdiction and responsibility and make appropriate
			 written records of such inspections. Such inspections, at a minimum, shall
			 verify that:
(a) All drugs in a RAMS must
			 inventoried no less than once every 30 days. All controlled substances drugs in
			 a RAMS must inventoried no less than once every 7 days. A system of
			 accountability must exist for all drugs contained in a RAMS.
(b) Drugs requiring special storage
			 conditions are properly stored to insure their stability;
(c) No outdated drugs are stocked in a
			 RAMS;
(d) Distribution and
			 administration of controlled substances are properly and adequately documented
			 and reported by both pharmacy and other licensed medical personnel;
(e) Only medications may be stored in a RAMS
			 and all medications stored in the RAMS must be on the RAMS inventory
			 list.
(f) All necessary and
			 required security and storage standards are met;
(g) A licensed pharmacist will empty the
			 return bin at least every 30 days. Discontinued/out-dated return transactions
			 shall be documented by the RAMS.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.01 - Application of These Rules

Current through Rules and Regulations filed through June 27, 2024
The following Rules govern procedure in "contested cases" as
				that term is defined in the Georgia Administrative Procedure Act (O.C.G.A.
				 50-13-2(2))
				and which are conducted before the Board of Pharmacy. Additional Rules in
				subsequent chapters may also apply.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-60,  50-13-2, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.02 - Docket

Current through Rules and Regulations filed through June 27, 2024
(1) The Executive
			 Director shall keep a book known as a docket, which shall be arranged by a
			 sequential numbering system for each case or other matter and shall show for
			 each case of matter, as permitted by law, all proceedings, actions and
			 filings.
(2) The Executive Director
			 shall keep a docket index by both docket number and alphabetical list of the
			 names of the respondents in all proceedings.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.03 - Office Hours

Current through Rules and Regulations filed through June 27, 2024
The offices of the Board of Pharmacy shall be open from 8:00
				a.m. to 5:00 p.m. each weekday, except State legal holidays.
O.C.G.A. §§
									26-4-27 and 
				 26-4-28.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.04 - Communications

Current through Rules and Regulations filed through June 27, 2024
All communications, including correspondence, motions, and
				pleadings, shall be filed with the Executive Director, Board of Pharmacy, 2
				Peachtree Street, 6th Floor, Atlanta, GA 30303. Copies shall be furnished to
				all parties of record, including the attorney representing the State. An
				original of all correspondence, motions, and pleadings shall be filed with the
				Executive Director and shall comply in all respects with Rule
				 480-41-.04.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1,  50-13-3, and
				 50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.05 - Date of Filing

Current through Rules and Regulations filed through June 27, 2024
All communications, correspondence, motions and pleadings in
				any proceedings shall be deemed to be filed or received on the date on which
				they are actually received by the Executive Director.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1,  50-13-3, and
				 50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.06 - Computation of Time

Current through Rules and Regulations filed through June 27, 2024
Computation of any period of time referred to in these rules
				shall begin with the first day following that on which the act which initiates
				such period of time occurs. When the last day of the period so computed is a
				day on which the office of the Board of Pharmacy is closed, the period shall
				run until the end of the following business day. When such period of time, with
				the intervening Saturdays, Sundays and legal holidays counted, is seven (7)
				days or less, the said Saturdays, Sundays and legal holidays shall be excluded
				from the computation; or otherwise such days shall be included in the
				computation.
O.C.G.A. §§
									26-4-27,  26-4-28, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.07 - Extension of Times

Current through Rules and Regulations filed through June 27, 2024
It shall be within the discretion of the Board or its designee
				to extend, for good cause shown, any time limit prescribed or allowed by these
				rules. All requests for an extension should be made by a motion in accordance
				with
				 480-40-.01  and shall indicate therein
				whether all parties concur. The Board or its designee shall notify all parties
				of its action upon the motion. Extension shall be granted only when the Board
				or its designee is satisfied that good cause has been shown and not
				otherwise.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.08 - Signatures

Current through Rules and Regulations filed through June 27, 2024
Every notice, pleading, petition, motion or other document
				filed by a party, represented by an attorney, shall be signed by at least one
				attorney of record in his/her individual name. His/her address, e-mail address,
				telephone number, and representative capacity shall be stated. A party who is
				not represented by an attorney shall sign his pleading and state his address,
				e-mail address, and telephone number. Except when otherwise specifically
				provided by rule or statute, pleadings need not be verified or accompanied by
				affidavit. The signature of an attorney constitutes a certificate by him/her
				that s/he has read the pleading, and that it is not interposed for
				delay.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.09 - Ex-parte Communication

Current through Rules and Regulations filed through June 27, 2024
No person not employed by the Board of Pharmacy shall
				communicate
ex-parte
with any member of the Board of Pharmacy
				involved in the decisional process with respect to the merits of a contested
				case. If any
ex-parte
communication is directed to any person
				in violation of these rules, the Board or its designee and all other parties
				shall be immediately informed of the substance of the communication and the
				circumstances of its receipt; provided, that a request for information with
				respect to the status of a proceeding shall not be prohibited by this
				section.
O.C.G.A. §§
									26-4-27,  26-4-28, and
				 50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-38 - GENERAL INFORMATION › Rule 480-38-.10 - Petition for Promulgation, Amendment, or Repeal of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of
			 Petition. Each petition for promulgation, amendment or repeal of rules made
			 pursuant to the Georgia Administrative Procedure Act shall be filed with the
			 Board of Pharmacy. The petition shall be in writing and shall state:
(a) The name and address of the
			 petitioner;
(b) The full text of
			 the rule requested to be amended or repealed, or the full text of the rule
			 desired to be promulgated;
(c) A
			 statement of the reason such rule should be amended, repealed, or promulgated
			 including a statement of all pertinent existing facts which relate to
			 petitioner's interest in the matter;
(d) Citations of legal authority, if any,
			 which authorize, support, or require the action requested by petition. The
			 petition shall be verified under oath by or in proper behalf of the
			 petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-39 - PLEADINGS › Rule 480-39-.01 - Initial Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing in a contested case shall be
			 commenced by the Board's filing of a notice of hearing directed to the
			 respondent or respondents.
(2)
			 Every pleading or other paper submitted for filing in a contested case, to the
			 extent possible, shall contain the following:
(a) A title which indicates the nature of the
			 proceeding and the parties involved therein;
(b) The name of the Board;
(c) A short and plain statement of the nature
			 of the pleading (e.g. Answer, Motion for Continuance, etc.);
(d) In addition, the notice of hearing shall,
			 to the extent possible, contain the following:
1. A short and plain statement of the matters
			 asserted or the issues involved;
2.
			 A clear and concise statement of the laws involved;
3. A notice of the rights of the person to
			 whom the notice of hearing is directed;
4. A statement that an answer to the matters
			 asserted is required; and
5. Any
			 other information required by law or deemed appropriate by the Board.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-39 - PLEADINGS › Rule 480-39-.02 - Answer

Current through Rules and Regulations filed through June 27, 2024
The party to whom a notice of hearing is directed must file
				with the Board an answer within fourteen (14) days after service of the notice
				of hearing. All allegations contained in the notice of hearing which are not
				specifically admitted are deemed denied.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-39 - PLEADINGS › Rule 480-39-.03 - Replies

Current through Rules and Regulations filed through June 27, 2024
A reply to the answer shall not be permitted and any new
				matters asserted in the answer shall be deemed denied.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-39 - PLEADINGS › Rule 480-39-.04 - Amendments

Current through Rules and Regulations filed through June 27, 2024
Any party, including the Board, may amend any pleading or
				notice without leave until the eighth day prior to the date set for the hearing
				on the matter. Thereafter a party may amend his pleadings only by leave of the
				Board or its designee and leave shall be freely given when justice so requires.
				If an amendment is made to a notice of hearing, the answer to said amended
				notice shall be filed within seven (7) days after service of the amended
				notice, unless otherwise ordered by the Board or its
				designee.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-3,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-40 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 480-40-.01 - Motions: Written and Oral

Current through Rules and Regulations filed through June 27, 2024
(1) An application to the Board for an order
			 to take any action or to enter any order shall be made by motion which, unless
			 made during the hearing, shall be made in writing, shall state specifically the
			 grounds therefor, and shall set forth the action or order sought. A copy of all
			 written motions shall be served upon the parties in accordance with Chapter
			 480-42.
(2) A motion for a
			 continuance or an extension of time shall be ruled upon by the Board or its
			 designee forthwith. All other motions shall be ruled upon by the Board or its
			 designee at the outset of the hearing, after an opportunity for argument by the
			 parties; provided, however, that the Board or its designee may establish a
			 hearing schedule and dispose of motions. The Board or its designee may request
			 briefs in support of or in opposition to any motion.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-60,  50-13-3,  50-13-13,  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-40 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 480-40-.02 - More Definite Statement

Current through Rules and Regulations filed through June 27, 2024
A motion for more definite statement shall be filed and ruled
				upon pursuant to
				 480-40-.01.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-40 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 480-40-.03 - General Procedures

Current through Rules and Regulations filed through June 27, 2024
Proceedings before the Board shall be conducted as
				expeditiously as possible, with due regard to the rights of the parties. In
				contested cases before the Board of Pharmacy upon issuance of a notice of
				hearing, the procedures set forth in this chapter and Chapters 480-38 through
				Chapter 480-47 shall enable the parties to obtain relevant information needed
				for preparation of the case, to the extent that such disclosure is authorized
				by law.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-3,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-40 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 480-40-.05 - Pre-Hearing Discovery

Current through Rules and Regulations filed through June 27, 2024
Except as may be expressly authorized by these Rules or by
				statute, no other forms of prehearing discovery shall be authorized or
				permitted including, but not limited to, interrogatories and requests for
				production of documents and other materials
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-41 - SERVICE › Rule 480-41-.01 - By the Board

Current through Rules and Regulations filed through June 27, 2024
(1) Service of the notice of hearing, initial
			 decision and final order shall be served personally 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.
(2) All other notices,
			 pleadings, orders, motions and other documents shall be personally 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.
(3) If such materials
			 are served by certified mail or statutory overnight delivery and are returned
			 marked "unclaimed" or "refused" or is otherwise undeliverable, and if the
			 licensee or applicant cannot, after diligent effort, be located, the Executive
			 Director or his or her designee, shall be deemed the agent of service for such
			 licensee or applicant, and service upon the Executive Director or his or her
			 designee shall be deemed service upon the licensee or applicant.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1,  26-4-60,  50-13-3,  50-13-13,  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-41 - SERVICE › Rule 480-41-.02 - Service on All Parties

Current through Rules and Regulations filed through June 27, 2024
A copy of the answer and all other pleadings, notices, motions,
				briefs, memoranda and other documents filed by any party with the Executive
				Director shall be served upon all other parties to the proceeding, including
				counsel for the Board, by personal delivery or by certified mail, return
				receipt requested.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-41 - SERVICE › Rule 480-41-.03 - To Party's Attorney

Current through Rules and Regulations filed through June 27, 2024
Service upon a party's attorney shall be deemed service upon
				the party.
O.C.G.A. §§
									26-4-27,  26-4-28,  50-13-13,  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-41 - SERVICE › Rule 480-41-.04 - Filing of Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) A party filing a document or other
			 submission with the Board shall simultaneously serve a copy of the document or
			 submission on each party of record. Service shall be by personal delivery,
			 e-mail as an attachment, first-class mail, certified mail, or statutory
			 overnight delivery, return receipt requested.
(2) A pleading subsequent to the Notice of
			 Hearing shall not be entitled to filing unless accompanied by an
			 Acknowledgement of Service from the person served, by his or her authorized
			 agent for service, or by a certificate of service stating the date, place, and
			 manner or service, as well as the name and address of the person(s)
			 served.
O.C.G.A. §§
									26-4-27,  26-4-28,  26-4-28.1,  26-4-60,  50-13-3,  50-13-13,  50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-42 - INTERVENTION › Rule 480-42-.01 - Intervention

Current through Rules and Regulations filed through June 27, 2024
(1) Any person
			 desiring to intervene pursuant to O.C.G.A. §
								50-13-14 shall file a motion in accordance with Rule
			  480-40-.01  and
			  480-41-.04.
(a) Such a motion can be made where a statute
			 grants the movant an unconditional right to intervene or when representation of
			 the movant's interest is or may be inadequate to protect that
			 interest.
(b) Such a motion can
			 also be made where a statute grants the person a conditional right to intervene
			 or where the movant's claim or defense and the main action have a question of
			 law or fact in common.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-43 - EVIDENCE; SUBPOENAS › Rule 480-43-.01 - Evidence on Hearings

Current through Rules and Regulations filed through June 27, 2024
Unless otherwise provided by these rules, in all hearings, the
				testimony of witnesses shall be taken orally before the Board or its designee
				and presentation of all documentary and other evidence shall be done before the
				Board or its designee.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-43 - EVIDENCE; SUBPOENAS › Rule 480-43-.02 - Evidence on Motions

Current through Rules and Regulations filed through June 27, 2024
When a motion is based on facts not appearing of record, the
				Board or its designee may hear the matter on affidavits presented by the
				respective parties, but the Board or its designee may direct that the matter by
				heard wholly or partly on oral testimony.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-43 - EVIDENCE; SUBPOENAS › Rule 480-43-.03 - Objections and Exceptions

Current through Rules and Regulations filed through June 27, 2024
Any objections and exceptions must be made on the record, and
				at a minimum, must make clear to the Board or its designee the action which
				s/he desires taken and the grounds therefor.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-43 - EVIDENCE; SUBPOENAS › Rule 480-43-.04 - Subpoenas

Current through Rules and Regulations filed through June 27, 2024
(1) In contested
			 cases, subpoenas shall be issued without discrimination between public and
			 private parties. At any time after issuance of the Notice of Hearing, and prior
			 to the scheduled date for the hearing, the parties may request the issuance of
			 subpoenas by filing a written request with the Executive Director, in
			 accordance with Rule
			  480-38-.04, with appropriate service
			 on the opposing party or counsel. Subpoena requests shall state the name and
			 complete address of the person to whom it is directed.
(2) Subpoenas issued pursuant to a request in
			 accordance with Rule  480-43-.04(1)  shall not be issued in blank. Every subpoena
			 issued by the Executive Director shall state the name of the Board of Pharmacy
			 and the title of the action, and shall command each person to whom it is
			 directed to attend and give testimony at the hearing at a time and place
			 therein specified, or to produce documents for examination at the hearing, or
			 both.
(3) If such a subpoena is
			 directed to any member, investigator, employee, or other agent or
			 representative of the Board, including experts retained by the Board for
			 purposes of the particular case, production of documentary evidence from the
			 Board or investigative file of the applicant or licensee and the taking of
			 testimony at the hearing from such person or persons shall be governed by
			 applicable provisions in the Pharmacy Practice Act, and by O.C.G.A.
			 §§
								16-13-60,  26-4-28,  26-4-28.1, and
			  26-4-60.
(3) The party requesting the issuance of the
			 subpoena shall be responsible for serving the same and paying the cost of
			 securing the attendance of witnesses, in the same manner as prescribed by law
			 in civil cases in superior court.
O.C.G.A. §§
									16-13-60,  26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-44 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 480-44-.01 - Taking of Testimony by Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) At any time during the course of the
			 proceeding, the Board or its designee may, in his discretion, permit the
			 testimony of a witness to be taken by deposition. Application to take testimony
			 by deposition shall be made in writing and shall be filed with the Executive
			 Director of the Board and served upon all parties to the proceedings, including
			 counsel for the Board.
(2) The
			 application shall state the name and address of the witness, the subject matter
			 concerning which the witness is expected to testify, the date, time and place
			 of the proposed deposition, and the reason why the witness cannot appear and
			 testify before the Board. The Board or its designee may, in his, her or its
			 discretion, allow the application where the circumstances are such that the
			 witness to be deposed cannot appear before the Board without substantial
			 hardship to the deponent or to the parties to the case or that testimony by any
			 other method will unduly delay expeditious completion of the proceedings. An
			 application for the taking of testimony by deposition shall not be allowed if
			 the deposition would result in any undue burden to another party or any undue
			 delay of the proceedings. If the application is allowed, the Board or its
			 designee should give notice of the taking of the testimony by deposition to all
			 parties.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-44 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 480-44-.02 - Conduct of the Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) Examination and cross-examination of the
			 witness shall proceed as would be permitted at the hearing and under those
			 rules of evidence applicable to proceedings conducted pursuant to the Georgia
			 Administrative Procedure Act. The officer before whom the deposition is to be
			 taken shall put the witness on oath and shall personally record the testimony
			 of the witness. The testimony shall either be taken stenographically and shall
			 be transcribed or shall be taken by video deposition. All objections made at
			 the time of examination to the qualifications of the officer taking the
			 deposition, or to the manner of taking it, or to the evidence presented, or to
			 the conduct of any party, and any other objections to the proceedings, shall be
			 noted by the officer upon the deposition. Evidence objected to shall be taken
			 subject to the objection.
(2) All
			 errors and irregularities in the notice of taking testimony by deposition shall
			 be deemed waived unless written objection thereto is served upon the Board
			 prior to the deposition. Objections to taking testimony by depositions because
			 of disqualification of the officer before whom it is to be taken shall be
			 deemed waived unless made before the deposition begins or as soon thereafter as
			 the disqualification becomes known or could be discovered with reasonable
			 diligence.
(3) Objections to the
			 competency of a witness are not waived by failure to make them before or during
			 the deposition, unless the ground of the objection is one which might have been
			 obviated or removed if presented at that time. Errors and irregularities
			 occurring at the taking of the testimony in the manner of taking the
			 deposition, in the form that the questions are answered, in the oath of
			 affirmation, or in the conduct of the parties, and errors of any kind which
			 might be obviated, removed or cured if properly presented, shall be deemed
			 waived unless reasonable objection thereto is made at the deposition.
(4) Errors and irregularities in the manner
			 in which the testimony is transcribed or the deposition is prepared, certified,
			 sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer
			 taking the testimony are waived unless a motion to suppress the deposition or
			 some part thereof is made with reasonable promptness after such defect is, or
			 with due diligence might have been, ascertained.
(5) The transcript of the deposition or the
			 video deposition must be certified by a court reporter in order to be accepted
			 as evidence upon filing with the Board or its designee.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-44 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 480-44-.03 - Taking of Testimony by Interrogatory

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by interrogatory shall be made
				and allowed in the same manner as prescribed in Rule
				 480-44-.01.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-44 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 480-44-.04 - Taking of Testimony by Telephone

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by telephone shall be made and
				allowed in the same manner as prescribed in Rule
				 480-44-.01.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-45 - HEARINGS › Rule 480-45-.01 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
For a hearing held directly before the Board, the Board shall
				notify all parties of record of the date, time and place of the hearing in the
				manner as provided by law and these Rules.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-45 - HEARINGS › Rule 480-45-.02 - Conduct of the Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing shall be conducted by the
			 Board or an administrative law judge (ALJ) appointed by the Office of State
			 Administrative Hearings (OSAH).
(2)
			 Duties of the Board or its designee. The Board or its designee shall have the
			 authority to do the following: to administer oaths and affirmations; rule upon
			 offers of proofs; regulate the course of the hearing; set the time and place
			 for continued hearings; fix the time for filing briefs and memoranda; dispose
			 of motions; and reprimand or exclude from the hearing any person for any
			 indecorous or improper conduct committed in the presence of the Board or its
			 designee.
(3) Sworn Testimony. All
			 testimony given at the hearing shall be under oath administered by the Board or
			 any person designated by the Board.
(4) Order of Presentation. The State, or in a
			 proper case a moving or complaining party, shall present its evidence or
			 testimony first. Where there is more than one moving or complaining party, the
			 order of presentation shall be at the discretion of the Board. After all of the
			 evidence and testimony of the State, or the moving or complaining party, has
			 been received, all other parties shall be allowed to present their evidence or
			 testimony. All parties, other than the party introducing the testimony, shall
			 be allowed to cross-examine any witness immediately after his testimony has
			 been received. The State, or the moving or complaining party, shall be allowed
			 to present rebuttal testimony or evidence if it so desires.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13,  50-13-15,  50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-46 - CONSOLIDATION › Rule 480-46-.01 - Consolidation

Current through Rules and Regulations filed through June 27, 2024
The Board or its designee upon its own motion, or upon motion
				by a party or other person joined in the proceeding, may order proceedings
				involving a common question of law or fact to be consolidated for hearing on
				any or all of the matters at issue in such proceedings.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-28.1,  50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.01 - Briefs

Current through Rules and Regulations filed through June 27, 2024
Briefs may be filed by a party or any interested person either
				before or during the course of the hearing, or within such time thereafter as
				the Board or its designee shall designate. Failure to file a brief shall in no
				way prejudice the rights of any party.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-60,  50-13-3,  50-13-13,  50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.02 - Filing of Documents Subsequent to Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Upon request, the Board or its designee
			 may, for good cause shown, allow the parties to file evidentiary documents of
			 any kind, or exhibits, at a time subsequent to the completion of the hearing,
			 such time to be determined by the Board or its designee. If a request for such
			 subsequent filing is granted, the requesting party shall, on or before the date
			 set for filing, send copies of all documents or exhibits which are the subject
			 of the request to all other parties.
(2) Prior to the admission into evidence of
			 any documents or exhibits filed subsequent to the hearing, the opposing party
			 shall have ten (10) days from the date of service of copies of such proposed
			 documents or exhibits to file any objections to the admission of such
			 evidence.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-60,  50-13-3,  50-13-13,  50-13-15,  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.03 - Motion to Reopen Hearing

Current through Rules and Regulations filed through June 27, 2024
A party may, at any time prior to the rendering of a final
				decision by the Board, move that the hearing be reopened for the purpose of
				receiving new evidence. Such motions shall be filed in accordance with the
				provisions of Rule
				 480-40-.01  and shall be granted only
				for good cause shown. The Board shall notify all parties of its action upon the
				motion. Notwithstanding the above, the Board may at any time prior to the
				rendering of a decision, reopen the hearing on its own
				motion.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-60,  50-13-3,  50-13-13,  50-13-15,  50-13-17.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.04 - Review of Initial Decision

Current through Rules and Regulations filed through June 27, 2024
(1) Either the responding party or the Board
			 may seek review of the initial decision of the administrative law judge (ALJ)
			 pursuant to O.C.G.A. §§
								50-13-17(a),  50-13-41(d).
			 If the responding party files a timely motion for review of the initial
			 decision of the ALJ, the responding party may include therein a statement of
			 the reasons for seeking review and alleged errors made by the ALJ in the
			 initial decision. If the Board files a timely order for review of the initial
			 decision on its own motion, it may include in its order the issues to be
			 considered by the Board at the review hearing.
(2) Upon the filing of a timely motion by the
			 responding party seeking review of the initial decision of the ALJ, or upon the
			 filing of a timely order by the Board for review of an initial decision on its
			 own motion, notice of the date and time for the review shall be served on the
			 responding party or counsel for the responding party and counsel for the
			 Board.
(3) The Board may appoint a
			 hearing officer for review, who shall preside over the review proceedings and
			 control the conduct of the review hearing. In acting as the presiding officer,
			 the hearing officer for review shall rule on all procedural and evidentiary
			 questions that arise during the course of the review. At the direction of the
			 Board, the hearing officer for review shall draft the final decision for the
			 Board.
(4) On review, the Board
			 shall have all the powers it would have in making the initial decision, and in
			 its discretion, shall have the power to take additional testimony or remand the
			 case to the ALJ for such purpose, as provided in the Administrative Procedure
			 Act, O.C.G.A. §
								50-13-17 and  in accordance with this Rule. Motions, including motions to present
			 additional evidence, shall be filed in accordance with
			  480-40-.01  and
			  480-47-.03  and shall be ruled upon
			 within the time period set by the Board but not to exceed thirty (30) days.
(a) Motions to present additional evidence or
			 to remand the case to the ALJ for such purpose shall be granted only if the
			 additional evidence is material, and there was good cause for failing to
			 present such evidence before the ALJ. All motions, including motions for the
			 presentation of additional evidence, shall be ruled on by the Board, prior to
			 oral arguments during the review hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.05 - Rehearing

Current through Rules and Regulations filed through June 27, 2024
A responding party may file a motion for rehearing of a final
				decision of the Board within ten (10) days after the date of actual service of
				such final decision on the responding party or responding party's counsel. Such
				motion shall be in accordance with Rule
				 480-40-.01  and, in addition, shall
				include a statement of all matters alleged to have been erroneously decided
				and, if applicable, a statement as to any newly discovered matters or
				circumstances that have arisen subsequent to the final decision. The filing of
				said motion shall not operate as a stay of the final decision of the Board
				unless so ordered by the Board.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-60,  50-13-3,  50-13-13,  50-13-15,  50-13-17,  50-13-18,  50-13-19.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-47 - BRIEFS AND POST-HEARING PROCEDURE › Rule 480-47-.06 - Appeals of Final Decisions

Current through Rules and Regulations filed through June 27, 2024
All appeals shall be filed in accordance with the Georgia
				Administrative Procedure Act and must be filed in the Superior Court of Fulton
				County or superior court of the county of the residence of the
				petitioner.
O.C.G.A. §§
									26-4-26,  26-4-27,  26-4-28,  26-4-60,  26-4-61,  50-13-3,  50-13-17,  50-13-18,  50-13-19.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-48 - DELIVERY BY MAIL › Rule 480-48-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For purposes of this chapter of the Rules and Regulations, the
				following definitions apply:
(a)
			 "Board" shall mean the Georgia Board of Pharmacy.
(b) "Delivery by Mail" or "delivered by mail"
			 or "delivery by mail" shall mean delivery to a patient or the patient's
			 designee by the United States Postal Service or by a commercial common carrier
			 from the pharmacy which fills the prescription.
(c) "Delivery by Pharmacy" shall mean
			 delivery directly to a patient or patient's designee from the pharmacy by
			 contract or private carrier or by an employee of the pharmacy.
(d) "Mail order pharmacy" shall mean a
			 pharmacy that uses delivery by mail as a means of delivery of a prescription
			 drug to a patient or the patient's designee.
(e) "Pharmacy" means a pharmacy holding a
			 current Board issued license to operate a pharmacy in Georgia and nonresident
			 pharmacy permit holders.
O.C.G.A.
				§§
										26-4-5,  26-4-27,  26-4-28,  26-4-60,  26-4-80,  26-4-85,  26-4-110,  26-4-114.1.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-48 - DELIVERY BY MAIL › Rule 480-48-.02 - Conditions for Use of Delivery by Mail

Current through Rules and Regulations filed through June 27, 2024
(1) Any pharmacy can regularly employ the
			 U.S. Postal Service or a common commercial carrier to deliver a drug which
			 requires a prescription to a patient only after the patient has requested that
			 a pharmacy deliver by mail his/her filled prescription drugs. Any pharmacy
			 providing delivery by mail to its patients is required to follow applicable
			 Georgia laws and rules.
(2) A mail
			 order pharmacy located outside this state is required to follow all applicable
			 pharmacy and drug rules and laws of the state in which the pharmacy is
			 physically located.
(3) A mail
			 order pharmacy shall ensure that all prescription medications are delivered to
			 the patient in accordance with standards of the manufacturer, United States
			 Pharmacopeia, Federal Food and Drug Administration and other recognized
			 standards. A pharmacy shall ensure integrity of any drug requiring temperature
			 control other than "room temperature storage" that is delivered by mail order
			 and provide a notification to the patient of the timeliness in addressing the
			 proper storage of the medication.
(a) The
			 shipping method may include the use of temperature tags, time temperature
			 strips, insulated packaging, or a combination of these.
(b) The notification method may be by verbal,
			 written, electronic, or other technological means. If verbal, then the pharmacy
			 must document the notification and maintain such documentation.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-48 - DELIVERY BY MAIL › Rule 480-48-.03 - Delivery by Pharmacy

Current through Rules and Regulations filed through June 27, 2024
Any pharmacy may provide for delivery by pharmacy upon the
				request of the patient or the patient's designee. The Board will hold the
				pharmacy responsible for any problems in the service of delivery by pharmacy.
				In order for a delivery to be considered delivery by pharmacy, the delivery
				must be on a continuous route from the pharmacy to the patient or the patient's
				designee. All medications shall be maintained within the temperature ranges
				recommended by the manufacturer until the delivery has been completed. All
				deliveries of controlled substances must be signed for upon delivery by the
				patient or patient's designee.
O.C.G.A. §§
									26-4-5,  26-4-27,  26-4-28,  26-4-60,  26-4-80,  26-4-110.
Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-49 - DEFAULT ON OBLIGATIONS › Rule 480-49-.02 - Non-Compliance with an Order for Child Support

Current through Rules and Regulations filed through June 27, 2024
(1) A person holding a current license issued
			 by the Georgia Board of Pharmacy ("Board") may have his/her license
			 indefinitely suspended if s/he is a person for whom an order for child support
			 has been rendered and s/he is not in compliance with that order.
(2) After receiving notice of non-compliance
			 with a child support order from the Department of Human Services, the Board
			 shall suspend the license and shall provide written notice to the licensee via
			 certified or registered mail at the licensee's address of record. If the
			 license is suspended, the licensee shall not practice during the period of
			 suspension.
(3) A person whose
			 license was suspended for being non-compliant with an order for child support
			 may apply to have the suspension lifted. In order to have the suspension
			 lifted, the licensee must:
(a) Request in
			 writing to the Board that the suspension be lifted;
(b) Ensure that the Department of Human
			 Services provides a written notice of compliance and request for release
			 indicating:
1.That the licensee has made
			 satisfactory arrangements to pay the arrearage; or
2.That the licensee is now in compliance with
			 his/her obligation to pay child support.
(c) Demonstrate to the satisfaction of the
			 Board that the license has been timely renewed, where applicable, and other
			 than the suspension provided by this rule, is otherwise in good standing;
			 and
(d) Submit a notarized
			 declaration that all continuing education requirements, if any, for the entire
			 suspension period have been met.