Title 26 — Food, Drugs, and Cosmetics

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. History. Code 1981, § 26-4-27, enacted by Ga. L. 1998, p. 686, § 1. 26-4-28. Powers, duties, and authority.

(a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the State of Georgia, including, but not limited to, the following: (1) The licensing by examination or by license transfer of applicants who are qualified to enga…

(a) The executive director: (1) Shall be a full-time employee of the board and shall serve as the chief executive officer and secretary of the board. Any person, in order to qualify for appointment as the executive director, shall be of good moral character and shall possess such…

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 no…

(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-71; p…

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons…

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. History. Code 1981, § 26-4-30, enacted by Ga. L. 1998, p. 686, § 1. ARTICLE 3 PRACTICE OF …

(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 …

(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 em…

(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 con…

(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 provi…

(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 d…

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 …

(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 iss…

(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 pharmac…

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. History. Code 1981, § 26-4-48, enacted by Ga.…

Nomenclature, §25-13-10. Fireworks. Violations of chapter, §25-10-8. Food processing plants. Introduction of adulterated food into commerce, §26-2-27.1. Pharmacists and pharmacies. Unlawful practice, §26-4-40. Wholesale drug distributors, §26-4-115. Substance abuse.

As used in this chapter, the term: (1) “Administer” or “administration” means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts. (1.05) “Authorized” means, in the case of a wholesale dist…

(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…

Eligibility, §26-4-21. Enforcement of chapter, §26-4-20. Executive director. Compensation, §26-4-20. Duties, §26-4-28.1. Investigations to enforce license requirements, §26-4-60. Investigative interviews, §26-4-28. PHARMACISTS AND PHARMACIES —Cont’d State board of pharmacy —Cont’…

Qualifications for license; examination; internship and other training programs. License transfers for pharmacists licensed in another jurisdiction. Temporary licenses. Renewal of licenses. Inactive license status. Exceptions for active duty service members. Continuing professiona…

Narcotic treatment programs enforcement act. Background checks, §26-5-61. IMPERSONATION. Fire authorities, §§25-12-17, 25-12-19. IMPORTS. Milk and milk products. Standards and conditions, §26-2-244. IMPOUNDMENT. Milk and milk products. Raw dairy act. Impoundment of raw milk conta…

Limitation, suspension or revocation of license, §26-4-176. PHARMACISTS AND PHARMACIES —Cont’d Licenses —Cont’d Nuclear pharmacy law —Cont’d Qualifications of applicant, §26-4-173. Refusal to grant license, §26-4-177.

Except as otherwise provided in this chapter or in Chapter 13 of Title 16, any violation of this chapter shall constitute a misdemeanor. History. Code 1981, § 26-4-62, enacted by Ga. L. 1998, p. 686, § 1. ARTICLE 5 PRESCRIPTION DRUGS

Storage and handling, §26-4-87. Dangerous drugs. Storage and handling, §26-4-87. Date of dispensing. Recorded by pharmacist filling prescription, §26-4-80. Dialysis devices or dialysate drugs. Inapplicability of provisions, §26-4-6. Dispensing, §26-4-80. Drug and cosmetic act. Gen…

Dangerous drugs. Storage and handling by pharmacist, §26-4-87. Drug abuse treatment and education programs. General provisions, §§26-5-1 to 26-5-23. Drug and cosmetic act.

Fire departments. Insurance coverage for members diagnosed with cancer, §25-3-23. BLASTING, §§25-8-1 to 25-8-12. Airports. Proximity, §25-8-3. Blasting standards act. Short title, §25-8-1. Blast-to-structure distance. Formula, §25-8-4. Certificate of registration. Suspension or re…

(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…

(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 offer to counsel patients. (b) Upon receipt of a prescription drug order a…

(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 …

Minors. Making available to minors, §25-1-1. Eggs. Violations of provisions, §26-2-274. Fire departments. Mutual aid resource pacts. Violations of chapter, §25-6-11. Fire extinguishers and suppression systems. Violations of chapter, §25-12-19. License or permit revocation or susp…

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. Biological products, substitution of interchangeable products, §26-4-81. “Brand necessary” designation by practiti…

This article shall be known and may be cited as the “Drug Abuse Treatment and Education Act.” History. Ga. L. 1972, p. 714, § 1; Ga. L. 2017, p. 307, § 2/SB 88. 26-5-2. Legislative intent.

The department may, upon submission of an application, with proof of accreditation by a voluntary accreditation agency approved by the department, issue a license based upon the findings of the accreditation agency. The license may be issued without an on-site visit by the departm…

The department shall issue a license to a governing body for any program which meets all the rules and regulations for the class of license applied for. The license shall be nontransferable for a change of location or governing body. History. Ga. L. 1972, p. 714, § 11; Ga. L. 198…

Subject to the limitations of Code Section 26-5-17, the department may require at reasonable intervals, and each licensee shall furnish copies of complete records of each drug dependent person treated or advised pursuant to a program. History. Ga. L. 1972, p. 714, § 14; Ga. L. 19…

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be…

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of suc…

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this article shall be confidential and shall not be 610 26-5-1…

The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to all…

Any person who violates this article shall be guilty of a misdemeanor. History. Ga. L. 1972, p. 714, § 20; Ga. L. 2017, p. 307, § 2/SB 88. 611 26-5-20 FOOD, DRUGS, AND COSMETICS 26-5-23 26-5-20. Priority admissions policy for drug dependent pregnant females.

The purpose of this article is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to ensure that every governing body which operates a drug abuse treatment and educati…

Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be …

The authorized department shall conduct an annual on-site inspection of each narcotic treatment program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of …

Applicability of administrative procedure act, §26-5-16. Administrative procedure act. Applicability, §26-5-16. Appeals. Applicability of administrative procedure act, §26-5-16. Character of services provided. Classification of programs, §26-5-4. Citation of provisions, §26-5-1. C…

As used in this article, the term: 604 26-5-3 (1) “Department” means the Department of Community Health or its successor. (2) “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug depend…

The department is authorized to classify all programs within the state according to the character and range of services provided. History. Ga. L. 1972, p. 714, § 4; Ga. L. 1985, p. 476, § 3. 26-5-5. Promulgation of minimum standards of quality and services for each class of progr…

This article shall be known and may be cited as the “Narcotic Treatment Programs Enforcement Act.” History. Code 1981, § 26-5-40, enacted by Ga. L. 2017, p. 307, § 1/SB 88. 26-5-41. Definitions.

As used in this article, the term: (1) “Department” means the Department of Community Health or its successor. (2) “Governing body” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a …

The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where p…