Title 26

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 controll…

(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 d…

(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 aut…

(a) As used in this Code section, the term: (1) “First responder” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through …

(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 lev…

(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 und…

(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 s…

(a) This Code section shall be known and may be cited as “The Pharmacy Audit Bill of Rights.” (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, pharmacy benefits manager, any …

(a) This Code section shall be known and may be cited as the “Pharmacy Anti-Steering and Transparency Act.” (b) The General Assembly finds that: (1) The referral of a patient to a pharmacy by an affiliate for pharmacy care represents a potential conflict of interest; and (2) These …

(a) For purposes of this Code section, the term: (1) “Drugs” means drugs as defined in this chapter and controlled substances as defined in Article 2 of Chapter 13 of Title 16. (2) “Practitioner” or “practitioner of the healing arts” means, notwithstanding Code Section 26-4-5, a pe…

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 ti…

This article shall be known and may be cited as the “Third-party Prescription Program Law of 1983.” History. Code 1981, § 26-4-140, enacted by Ga. L. 1998, p. 686, § 1.

The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly f…

As used in this article, the term: (1) “Administrator” means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both. (2) “Commissioner” means the Commissioner of Insurance. …

(a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner, in a manner provided by th…

(a) A program offered in this state and not exempt under subsection (b) of Code Section 26-4-143 shall provide all of the following: (1) A statement of the method, frequency, and amount of claim reimbursement to participating pharmacies; (2) That any valid claim for pharmaceutica…

A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals. History. Code 1981, § 26-4-145, enacted by Ga. L. …

(a) On and after January 1, 1984, no person, corporation, or business entity shall serve as administrator of a program which has no administrator registered under this Code section unless that person, corporation, or business entity is registered as administrator of that program …

No enrollee may utilize a program identification card to obtain pharmaceuticals after the program has been canceled and after the enrollee has received notification of the cancellation, and if such card is so utilized, that enrollee shall be liable to the administrator of that prog…

(a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor. (b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount …

No person shall furnish by retail sale any poison enumerated in this Code section without distinctly labeling the bottle, box, vessel, or paper in which the poison is contained, and also the outside wrapper or cover thereof, with the name of the article, the word “Poison,” and th…

This article shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescriptions of practitioners of the healing arts. History. Code 1981, § 26-4-162, enacted by Ga. L. 1998, p. 686, § 1.

Any person violating this article shall be guilty of a misdemeanor. History. Code 1981, § 26-4-163, enacted by Ga. L. 1998, p. 686, § 1. ARTICLE 10 NUCLEAR PHARMACY LAW

This article shall be known and may be cited as the “Nuclear Pharmacy Law.” History. Code 1981, § 26-4-170, enacted by Ga. L. 1999, p. 277, § 10.

As used in this article, the term: (1) “Authentication of product history” means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical. (2) “Board” means the State Board of Pharmacy. (…

(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radi…

(a) An applicant for a license as a nuclear pharmacist shall: (1) Be a currently licensed pharmacist in the State of Georgia; (2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and (3) Have …

(a) A permit to operate a nuclear pharmacy shall only be issued in accordance with Article 6 of this chapter with the added designation that the pharmacist in charge be a nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceutical…

Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of …

The board may limit, suspend, or revoke licenses issued under the provisions of this article, or impose any other reasonable sanctions upon holders of such licenses upon proof of any of the violations specified in Code Sections 26-4-60 and 26-4-113. History. Code 1981, § 26-4-176,…

The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-60 and 26-4-113. In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in …

Nothing in this article shall be construed to repeal the authority of the Department of Natural Resources to regulate the use of radioactive materials. History. Code 1981, § 26-4-179, enacted by Ga. L. 1999, p. 277, § 10. ARTICLE 11 UTILIZATION OF UNUSED PRESCRIPTION DRUGS 26-4-1…

This article shall be known and may be cited as the “Safe Medications Practice Act.” History. Code 1981, § 26-4-210, enacted by Ga. L. 2010, p. 195, § 1/HB 361.

(a) The General Assembly finds and declares that: (1) Medications are essential for the effective treatment and prevention of illness and disease, and medications, particularly dangerous drugs, are recognized to be complex chemical compounds which may cause untoward side effects, …

As used in this article, the term: (1) “Collaborate” means to work jointly with others as approved by an order from a physician member of the institution’s medical staff for care and treatment of the ordering physician’s patients or pursuant to a protocol established in accordanc…

Hospital pharmacists shall be authorized to collaborate with members of the medical staff in an institution on drug therapy management. History. Code 1981, § 26-4-213, enacted by Ga. L. 2010, p. 195, § 1/HB 361.

(a) The State Board of Pharmacy shall establish rules and regulations governing a hospital pharmacist acting pursuant to Code Section 26-4-213 in the provision of drug therapy management in institutions in consultation or collaboration with physicians. Such rules may include the …

Definitions. License requirements generally. Nuclear pharmacist license; applicant requirements. Nuclear pharmacy operators permit; requirements. Equipment requirements. Limiting, suspending, or revoking license. Grounds for refusal to grant license. Authorized to promulgate rules…

Dispensing drugs; compliance with labeling and packaging requirements; records available for inspection by board; renewal of licenses. Examination of food, drug, and cosmetic specimens; violations of federal law. Utilization of Unused Prescription Drugs 26-4-190 through 26-4-195.…

Wholesaler. Eggs, §26-2-260. Willful violator. Fire departments. Nomenclature, §25-13-3. Written notification. Fires, state minimum fire safety standards, §25-2-14.2. DEMOLITION. Blasting. General provisions, §§25-8-1 to

Violations. Order to cease distribution of drug,

Prohibited acts, §26-4-204. COUNTIES. Amusement rides. Local regulation, §25-15-69. INDEX CRAYFISH. Seafood generally, §§26-2-310 to

26-4-163. [For effective date, see note.] Short title. [For effective date, see note.] Definitions. [For effective date, see note.] Pedigrees for prescription drugs. [For effective date, see note.] Immediate cease and desist orders for violations. [For effective date, see note.] P…

Standards, labeling and adulteration of drugs and cosmetics, §§26-3-1 to 26-3-24. Standards, labeling and adulteration of food. Adulteration and misbranding of food, §§26-2-20 to 26-2-41. Advertisement and sale of meat generally, §§26-2-150 to 26-2-161. Animals suspected of beari…

Use of security paper for hard copy prescription drug orders for Schedule II controlled substances. Substitution of generic drugs or interchangeable biological products for brand name drugs and prescribed biological products. Duties requiring professional judgment; responsibiliti…