Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-5 - BOARD ACTIONS AND CODE OF CONDUCT › Rule 480-5-.03 - Code of Professional Conduct

Current through Rules and Regulations filed through June 27, 2024
The Board is authorized to take disciplinary action for
				unprofessional conduct. Consistent with the authority to assure that licensees
				operate in a professional manner and the Board's responsibility to protect the
				public health with a safe, dependable and sufficient supply of medication, the
				Board establishes a Code of Professional Conduct which shall apply to and be
				observed by all persons engaged in the practice of pharmacy in the State of
				Georgia.
(a) Ethics. No pharmacist,
			 intern, extern, technician, or pharmacy owner shall engage in any conduct in
			 the practice of pharmacy or in the operation of a pharmacy which tends to
			 reduce the public confidence in the ability and integrity of the profession of
			 pharmacy, or endangers the public health, safety and welfare, or have been
			 guilty of any fraud, misrepresentation, culpable negligence, concealment,
			 dishonest dealings, fix, scheme or device, or breach of trust in the practice
			 of pharmacy or in the conduction of business related to prescriptions, drugs or
			 devices.
(b) Patient Self-Referral.
			 No pharmacist, employee or agent thereof acting on his/her behalf, shall offer,
			 agree to accept, or receive compensation in any form for the referral of
			 professional services to or from another health care provider or entity. This
			 prohibition includes any form of fee division or charging of fees for the
			 referral of patients.
(c) Error or
			 Uncertain Prescriptions. No pharmacist or pharmacy intern/extern shall compound
			 or dispense any prescription, which, in his/her professional opinion, contains
			 any error omission, irregularity or ambiguity. Upon receipt of such
			 prescription, the pharmacist, pharmacy intern/extern shall contact the
			 prescriber and confer with him/her before dispensing the prescription. No
			 pharmacist or intern/extern shall dispense any medication by virtue of a
			 prescription if said pharmacist or intern has any doubt existing in his mind
			 that such prescription is not legitimate.
(d) Betrayal of Confidence. A pharmacist
			 shall not discuss with the patient or representative such matters that should
			 be discussed only with the prescriber.
(e) Diagnosis or Treatment. No pharmacist or
			 employee of a pharmacy shall diagnose, treat, prescribe for, or attempt to do
			 so, any disease, illness, or organic disorder. This limitation shall not be
			 construed to prevent a licensed pharmacist from advising individuals on matters
			 concerning simple ailments, first aid measures, sanitary matters, or the merits
			 and qualities of medicines, nor shall it prevent the full practice of pharmacy
			 as provided in O.C.G.A. Section
			  26-4-4.
(f) Coded Prescriptions. No pharmacist,
			 pharmacy intern, or extern shall compound or dispense any prescription that is
			 coded. A "coded" prescription is one which bears letters, numbers, words or
			 symbols, or any other device used in lieu of the name, quantity, strength and
			 directors for its use, other than normal letters, numbers, words, symbols or
			 other media recognized by the profession of pharmacy as a means for conveying
			 information by prescription. No symbol, word or any other device shall be used
			 in lieu of the name of said preparation.
(g) False or Misleading Advertising. No
			 pharmacist or licensed pharmacy shall disseminate through any communication
			 media any false, misleading or fraudulent advertising.
(h) Changes in Prescriptions. No pharmacist,
			 pharmacy intern or extern shall supply medications or devices which contain an
			 ingredient or article different in any manner from the medication or device
			 that is prescribed upon a prescription unless prior approval has been obtained
			 from the prescriber thereof. Such difference shall immediately be recorded upon
			 said prescription after being approved by said prescriber, showing the date,
			 time and method of ascertaining the said approval.
(i) Prescription Sub-Stations. No pharmacist,
			 employer or employee of a licensed pharmacy shall maintain a location, other
			 than a pharmacy for which a permit has been issued by the Board, from which to
			 solicit, accept or dispense prescriptions.
(j) Physician Agreements. No pharmacist or
			 licensed pharmacy, or employee or agent thereof, shall enter into or engage in
			 any agreement or arrangement with an physician or other practitioner for the
			 payment or acceptance of compensation in any form or type for the recommending
			 of the professional services of either; or enter into a rebate or percentage
			 rental agreement if any kind, whereby in any way a patient's free choice of a
			 pharmacist or licensed pharmacy is or may be limited.
(k) Independent Judgment and Practices. No
			 pharmacist shall offer or engage in professional pharmaceutical services under
			 any terms and conditions that shall tend to interfere with or impair the free
			 and complete exercise of professional judgment and skill of a pharmacist or
			 enter into any agreement that denies the public the right of free choice of
			 pharmacists or pharmacies.
(l)
			 Return of Prescriptions. Except as authorized by Rule
			  480-10-.17, no pharmacist or employer
			 or employee of a pharmacy may knowingly place in the stock of any pharmacy any
			 part of any prescription dispensed to, or compounded for, any patient of any
			 pharmacy and returned by said patient.
(m) Evasion of Code of Professional Conduct.
			 No pharmacist, licensed pharmacy or employee or agent thereof, shall act in any
			 way to evade the rules and regulations of the Board and the laws applying to
			 licensed pharmacies and pharmacists, interns, externs and technicians, but may
			 apply methods of their own to enhance compliance with said laws, rules and
			 regulations. Said persons shall be responsible for being acquainted with said
			 laws, rules and regulations, and ignorance of said laws, rules, regulations
			 shall not be a valid defense of the same.
(n) Refusal to Fill Prescription. It shall
			 not be considered unprofessional conduct for any pharmacist to refuse to fill
			 any prescription based on his/her professional judgment or ethical or moral
			 beliefs.
(o) Valid Prescription
			 Drug Orders. Prescription drugs shall be dispensed only pursuant to a valid
			 prescription drug order. A pharmacist shall not dispense a prescription which
			 the pharmacist knows or should know is not a valid prescription. A pharmacist
			 shall have the same corresponding liability for prescriptions as an issuing
			 practitioner as set forth in 21 C.F.R. as such regulation exists on January 1,
			 2013. Valid prescription drug orders shall include those issued by a physician,
			 dentist, podiatrist, veterinarian, or other person licensed, registered, or
			 otherwise authorized under the laws of this state, or of any state or territory
			 of the United States, to prescribe dangerous drugs or controlled substances or
			 both.
(p) Violations of the Code of
			 Professional Conduct. The above set out Code of Professional Conduct is
			 expressly adopted by the Board and shall govern the conduct of all those
			 admitted to practice pharmacy in their capacities as pharmacists, all those
			 issued licenses as a pharmacy in their capacities as licensees and all pharmacy
			 interns/externs in their capacities as pharmacy interns/externs. A license to
			 practice pharmacy or a permit to operate a licensed pharmacy confers to vested
			 right to the holder thereof, but is a conditional privilege revocable for
			 cause. The primary purpose of this Code of Professional Conduct is the
			 protection of the profession of pharmacy and the public health, safety and
			 welfare. It is the responsibility of the Board to purge the profession of those
			 unworthy to practice pharmacy or operate pharmacies in this state. It is the
			 obligation of every licensed pharmacy holder and every licensed pharmacist to
			 give unlimited cooperation and assistance to the Board in the discharge of this
			 responsibility. Violation of this code may subject the violator to suspension
			 or revocation of any license issued to him/her by the Board and/or public
			 reprimand, fines, probation, letters of concern or other disciplinary actions
			 deemed appropriate by the Board.
O.C.G.A. §§
									43-1-19,  26-4-4,  26-4-28,  26-4-60,  26-4-80,  26-4-82,  26-4-110,  26-4-113, and
				 26-4-115.