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Georgia Statutes, Title 26

Georgia/Statutes

← All Georgia coverage

Title 26

5 chapters · 378 sections in this title.

All chapters in Title 26378 Ch 2, STANDARDS, LABELING, AND ADULTERATIO…208 Ch 4, PHARMACISTS AND PHARMACIES99 Ch 5, DRUG ABUSE TREATMENT AND EDUCATION P…46 Ch 3, STANDARDS, LABELING, AND ADULTERATIO…24 Ch 1, GENERAL PROVISIONS1

378 sections·Filtered byTitle 26✕

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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Showing 301–350 of 378

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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. § 26-4-162 Prescriptions by practitioners of the healing arts

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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.

O.C.G.A. § 26-4-163 Penalty

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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

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.

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 safe handling and storage of radioactive materials, as established by rules of …

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. § 26-4-179 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. ARTICLE 11 UTILIZATION OF UNUSED PRESCRIPTION DRUGS 26-4-1…

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.

O.C.G.A. § 26-4-214 Role of State Board of Pharmacy and Georgia Composite Medical Board in establishing rules and regulations

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(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 …

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. § 26-4-178 Practitioners of the Healing Arts 26-4-130

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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.…

O.C.G.A. § 26-4-201 Wholesale ﬁsh dealer, §26-2-310

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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

O.C.G.A. § 26-4-202 Short title, §26-4-200

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Violations. Order to cease distribution of drug,

O.C.G.A. § 26-4-203 Penalties, §26-4-205

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

O.C.G.A. § 26-4-205 Article 9 26-4-162

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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…

O.C.G.A. § 26-4-30 Third-party prescription programs, §§26-4-140 to 26-4-148

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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…

O.C.G.A. § 26-4-88 License required for practice of pharmacy; dispensing of prescription drugs; prescription drug orders; electronically transmitted drug orders; reﬁlls; Schedule II controlled substance prescriptions

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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…

O.C.G.A. § 26-5-1 Short title

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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.

O.C.G.A. § 26-5-10 Issuance of license; revocation or suspension

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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…

O.C.G.A. § 26-5-11 Conditions for issuance of license; nontransferability

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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…

O.C.G.A. § 26-5-12 Records of drug dependent persons treated or advised

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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…

O.C.G.A. § 26-5-13 Inspection of programs

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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…

O.C.G.A. § 26-5-14 Denial, suspension, or revocation of licenses

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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…

O.C.G.A. § 26-5-15 Notice of proposed denial, suspension, or revocation; hearing

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Notice of a proposed denial, suspension, or revocation of a license shall be provided in writing by the department to any licensee so affected within 90 days after the application is ﬁled or the grounds are discovered. Within ten days from receipt of such notice, the licensee so …

O.C.G.A. § 26-5-16 Applicability of “Georgia Administrative Procedure Act

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The promulgation of rules and regulations, the conduct of administrative hearings, and judicial review of the department’s actions shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” History. Ga. L. 1972, p. 714, § 13; Ga. L. 1985, p. 476, § 15…

O.C.G.A. § 26-5-17 Conﬁdentiality of records, names, and communications

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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 revealed e…

O.C.G.A. § 26-5-18 Injunctions; nuisances per se

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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…

O.C.G.A. § 26-5-19 Penalty

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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.

O.C.G.A. § 26-5-2 Legislative intent

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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…

O.C.G.A. § 26-5-20 Priority admissions policy for drug dependent pregnant females

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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 …

O.C.G.A. § 26-5-22 Annual on-site inspections of narcotic treatment programs

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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 …

O.C.G.A. § 26-5-3 Deﬁnitions

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As used in this article, the term: (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 dependent persons…

O.C.G.A. § 26-5-4 Classiﬁcation of programs

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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.

O.C.G.A. § 26-5-5 Promulgation of minimum standards of quality and services for each class of programs

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The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations: (1) Adequate and safe buildings or housing facilities where programs are offered…

O.C.G.A. § 26-5-6 Promulgation of rules and regulations

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The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article. History. Ga. L. 1972, p. 714, § 12; Ga. L. 1985, p. 476, § 5; Ga. L. 2017, p. 307, § 2/SB 88.