Title 26 — Food, Drugs, and Cosmetics
0 chapters · 324 sections in this title.
O.C.G.A. § 26-4-1 Short title
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This chapter shall be known and may be cited as the “Georgia Pharmacy Practice Act.” History. Code 1981, § 26-4-1, enacted by Ga. L. 1998, p. 686, § 1.
O.C.G.A. § 26-4-110 Poisons
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Dispensing by practitioners of healing arts upon prescriptions, §26-4-162. Prescription drug. Defined, §26-4-5. Prescription drug order. Defined, §26-4-5. Prescription medication integrity act, §§26-4-200 to 26-4-205. Definitions, §26-4-201. Pedigrees for prescription drugs, §26-4-2…
O.C.G.A. § 26-4-111 Licensure procedures for pharmacies; non-transferability; minimum standards
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(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, p…
O.C.G.A. § 26-4-112 Third-party prescription programs
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Maximum claims for payments, §26-4-145. Wholesale drug distributors, §§26-4-113, 26-4-115. Price and quantity information. Requirement that certain wholesale distributors provide, §26-4-115.1. Pharmacy anti-steering and transparency act. Prohibited referrals and conflicts of inter…
O.C.G.A. § 26-4-113 Licenses
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Rules and regulations of state board, §26-4-28. 713 INDEX PHARMACISTS AND PHARMACIES —Cont’d Third-party prescription programs, §§26-4-140 to 26-4-148. Administrators. Bond, §26-4-146. Registered administrators, §26-4-146. Suspension, revocation or refusal to register, §26-4-146.…
O.C.G.A. § 26-4-114 Special pharmacy permits
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(a) A pharmacy located within and owned and operated by a school or 559 26-4-114 FOOD, DRUGS, AND COSMETICS 26-4-114.1 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 d…
O.C.G.A. § 26-4-114.1 Nonresident pharmacy permits; application; requirements
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(a) Any person, pharmacy, or facility located outside this state may apply to the board for a nonresident pharmacy permit which shall entitle the holder thereof to ship, mail, or deliver dispensed drugs, including but not limited to dangerous drugs and controlled substances, into…
O.C.G.A. § 26-4-115 Prescription drugs
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Prescription medications integrity act, violations, §26-4-205. Seafood. Violation of provisions, §26-2-320. Substance abuse. Drug abuse treatment and education programs. Patient brokering, §26-5-80. FINGERPRINTS. Firefighters. Applicants, §25-4-8. Narcotic treatment programs enfor…
O.C.G.A. § 26-4-115.1 Defined, §26-4-5
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W WAIVER. Food. Adulteration and misbranding. Waiver or variance to rule causing substantial hardship, §26-2-34. WEIGHT GAIN. Commonsense consumption act. Nonliability of food manufacturers, distributors, sellers, packers, etc., §§26-2-430 to 26-2-436. WELDING. Gases. Hazardous m…
O.C.G.A. § 26-4-116 EMS AND FIRE DEPARTMENTS
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Emergencies. Mutual aid. Resource pacts, §§25-6-1 to 25-6-11. EVIDENCE. Meat inspection. Access of commissioner to documentary evidence, §26-2-81. EXCAVATIONS. Blasting. General provisions, §§25-8-1 to 25-8-12. Utility facility protection, §§25-9-1 to 25-9-14. Utility facility pr…
O.C.G.A. § 26-4-116.2 HEALTH CARE FACILITIES
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Durable medical equipment. Supplier license requirements. Exemptions, §26-4-51. Fireworks. Restrictions on use of consumer fireworks, §25-10-2. Prescription drugs. Safe medications practice act, §§26-4-210 to 26-4-214. Safe medications practice act, §§26-4-210 to 26-4-214. Collabo…
O.C.G.A. § 26-4-116.3 ALCOHOLIC BEVERAGES
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Fireworks. Restrictions on use of consumer fireworks, §§25-10-2, 25-10-2.1. ALLERGIES. Epinephrine. Health practitioners authorized to prescribe for schools and other authorized entities, §26-4-116.1. Places of public accommodation, authority to stock, §26-4-116.1. AMBULATORY SURG…
O.C.G.A. § 26-4-116.4 Undesignated ready-to-use glucagon for schools
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(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…
O.C.G.A. § 26-4-117 Duty to prosecute violations
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(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…
O.C.G.A. § 26-4-118 ATTICS
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Smoke detectors. Exception as to uninhabited attics, §25-2-40. ATTORNEY GENERAL.
O.C.G.A. § 26-4-119 APARTMENTS
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Fire hazards regulation, §25-2-19. Smoke detectors, §25-2-40. 636 INDEX APPEALS. Boilers and pressure vessels. Persons aggrieved by orders or acts under chapter, §25-15-28. Suspension and revocation of inspectors’ certificates of competency, §25-15-21. Fires. Fire extinguishers an…
O.C.G.A. § 26-4-130 Poisons
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Druggists’ or pharmacists’ records, §26-4-161. 720 INDEX REGISTRATION —Cont’d Prescriptions. Third-party prescription program administrators, §26-4-146. Third-party prescription program administrators, §26-4-146. RECORDS —Cont’d Prescriptions. Patient record systems, §26-4-83. Ph…
O.C.G.A. § 26-4-131 Controlled substances
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Immunity. Prescribing or administering opioid antagonist, §26-4-116.2. Overdose. Opioid antagonist, prescribing or administering. Immunity, §26-4-116.2. Prescriptions. Hard copy prescription drug orders. Defined, §26-4-5. Use of security paper for, §26-4-80.1. Security paper define…
O.C.G.A. § 26-4-140 Short title
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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. 26-4-141. Legislative findings.
O.C.G.A. § 26-4-141 Legislative findings
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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…
O.C.G.A. § 26-4-142 Definitions
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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. …
O.C.G.A. § 26-4-143 Approval of program by Commissioner; exemptions
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(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…
O.C.G.A. § 26-4-144 Claim reimbursements to participating pharmacies
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(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…
O.C.G.A. § 26-4-145 Excessive charges to enrollees prohibited
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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. …
O.C.G.A. § 26-4-146 Administrator registration
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(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 …
O.C.G.A. § 26-4-147 Liability of enrollees
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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…
O.C.G.A. § 26-4-148 Penalties
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(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 …
O.C.G.A. § 26-4-160 Sales and labeling
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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…
O.C.G.A. § 26-4-161 Short title
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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…
O.C.G.A. § 26-4-162 POISONS, §§26-4-160 to 26-4-163
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Enumeration, §26-4-160. Food. Adulteration or misbranding. Addition of poisonous or deleterious substances in food, §26-2-27. Labeling requirements, §26-4-160. Lists, §26-4-160. Meat. Contamination. Animals suspected of bearing residue causing, §§26-2-180 to 26-2-186. Prescriptio…
O.C.G.A. § 26-4-163 Seafood
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Net weight, §26-2-2. SALMONELLA. Raw dairy act. Chemical, bacteriological, and temperature standards, §26-2-458. SAMPLING. Meat contamination, §26-2-183. Raw dairy act. Sampling and testing of raw milk for public health purposes, §26-2-457. SANITATION. Soft drinks. Inspections, §…
O.C.G.A. § 26-4-170 Short title
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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. 586 26-4-171 26-4-171. Definitions.
O.C.G.A. § 26-4-171 Definitions
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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. (…
O.C.G.A. § 26-4-172 License requirements generally
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(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…
O.C.G.A. § 26-4-173 Nuclear pharmacist license; applicant requirements
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(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 …
O.C.G.A. § 26-4-174 Nuclear pharmacy operators permit; requirements
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(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…
O.C.G.A. § 26-4-175 Equipment requirements
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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 590 26-4-179 safe handling and storage of radioactive materials, as established…
O.C.G.A. § 26-4-176 Limiting, suspending, or revoking license
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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,…
O.C.G.A. § 26-4-177 Grounds for refusal to grant license
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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 …
O.C.G.A. § 26-4-178 Authorized to promulgate rules
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The board is authorized to promulgate rules and regulations to implement the provisions of this article. History. Code 1981, § 26-4-178, enacted by Ga. L. 1999, p. 277, § 10. 26-4-179. Authority of department.
O.C.G.A. § 26-4-179 Authority of department
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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. 591 T.26, C.4, A.11 FOOD, DRUGS, AND COSMETICS 26-4-201 AR…
O.C.G.A. § 26-4-2 Liberal construction of chapter
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The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and …
O.C.G.A. § 26-4-20 Georgia State Board of Pharmacy; powers and duties
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(a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 2013, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed a…
O.C.G.A. § 26-4-201 Drug
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Drug abuse treatment and education act, §26-5-3. Drug and cosmetic act, §26-3-2. Pharmacists and pharmacies, §§26-4-4, 26-4-5, 26-4-130. Drug abuse treatment and education programs, §26-5-3. Drug dependent person. Drug abuse treatment and education act, §26-5-3. Drug regimen revi…
O.C.G.A. § 26-4-202 Short title, §26-4-200
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Violations. Order to cease distribution of drug, §26-4-203. Penalties, §26-4-205. Prohibited acts, §26-4-204. Third-party prescription programs, §§26-4-140 to 26-4-148. Administrators. Bond, §26-4-146. Registered administrators, §26-4-146. Suspension, revocation or refusal, §26-4…
O.C.G.A. § 26-4-203 Penalties, §26-4-205
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Prohibited acts, §26-4-204. Professional judgment. Pharmacist to exercise when filling or refilling prescriptions, §26-4-80. Refills, §26-4-80. Remote automated medication system. Licensure and regulation, §26-4-28. Skilled nursing facility or hospice. Defined, §26-4-5. Not considere…
O.C.G.A. § 26-4-210 Short title
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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.
O.C.G.A. § 26-4-211 Legislative findings and intent
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(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, …
O.C.G.A. § 26-4-212 Definitions
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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…
O.C.G.A. § 26-4-213 Collaboration
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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.