Chapter 480-16 MISCELLANEOUS GUIDELINES FOR PHARMACISTS
|(1)|| Report of
unlicensed dispensing. No licensed pharmacist of this state shall knowingly
allow any unlicensed person to fill prescriptions (except as provided under the
direct and personal supervision of a Georgia licensed pharmacist) or practice
pharmacy while impaired in any place of business.
Any pharmacist having knowledge that a pharmacist or drug store owner allows or encourages any unlicensed person to illegally fill prescriptions or practice pharmacy while impaired shall report such action within ten (10) days to the Director of the Georgia Drugs and Narcotics Agency (GDNA) and upon his failure to report such acts to the director, which shall be grounds for sanctions on such licensed person's license.
|(1)||No person or entity other than an establishment licensed under O.C.G.A. 26-4 shall engage in the practice of accepting and receiving prescriptions and forwarding same to a drug store or pharmacy to be filled and returned to the forwarding agency, which, in turn, delivers the filled prescriptions to the patient or agent of the patient and collects the charge there|
|(2)|| It shall be illegal for any person or
entity to attempt to or to eliminate the patient/pharmacist contact, and for
any such person or entity to prevent a pharmacist from properly supervising and
controlling the dispensing of prescription drugs. Such pharmacist-patient
contact is essential to the proper practice of pharmacy care.
|(3)||In order for a patient to authorize a licensed medical practitioner to hold, administer, or deliver the patient's prescription drug at his or her office location, and the drug was previously dispensed and delivered to the practitioner's office by a pharmacy, the patient must first provide the pharmacy with written authority to conduct such a delivery.|
|(1)|| It shall be unlawful, and a violation of
these rules, for any licensed pharmacist or pharmacy licensed under O.C.G.A.
26-4 to accept for refund purposes, or otherwise, any unused portion of a drug
which has been previously dispensed via a prescription drug order and delivered
to the patient or patient's caregiver, except where permitted under state
and/or federal law or regulation.
|(2)||Nothing in this Rule shall be meant to be in conflict with Board Rule 480-10-. 17, which allow a pharmacy to receive unused, manufacturer's unit-dose packaged drugs from a Medicaid patient residing in a long term care facility.|
|(3)||Nothing in this Rule shall prohibit an authorized collector from collecting controlled substances for the purposes of destruction as authorized in the Secure and Responsible Drug Disposal Act of 2010 ("Disposal Act"), any regulations promulgated thereunder, and Ga. Comp. R. & Regs. c. 480-50.|
|(1)|| Any drugs, poisons, narcotics, family
remedies, grocers' drugs, flavoring extracts, essences, toilet articles, stock
powders, veterinary supplies, proprietary preparations and any and all other
and similar items intended for internal or external use of humans or animals
which have been subjected to heat and/or water resulting from fire and/or water
damage to a building or storage area in which said items were stored or
retained is prohibited from being introduced into the stream of retail commerce
without first causing an inspection of said items to determine their
suitability for use as intended.
|(2)||Within three (3) days following any damage by fire and/or water to a building or storage area in which any of the above said items are stored or retained, written notice shall be forwarded to the Director of the Georgia Drugs and Narcotics Agency (GDNA) at his office, by the person or his agent with custody or control of the said items informing the Director of the GDNA of the circumstances and requesting an immediate inspection of said items.|
|(3)||Within three (3) days from his receipt of such written notice the Director of the GDNA shall cause an inspection to be made of said items for the purpose of determining their suitability for use as intended and within a reasonable time after the completion of said inspection, the Director of the GDNA shall forward to the person from whom he received such notice a report of the result of said inspection and an authorization to release said items for retail sale if the facts so indicate.|
|(4)||The office of the Director of the GDNA is charged with the enforcement of the provisions of this regulation.|
|(1)||No person or entity licensed under O.C.G.A. 26-4 shall engage in fraudulent or deceptive advertising or promotional procedures with respect to drugs, devices, cosmetics, poisons, or other substances subject to the provisions of O.C.G.A. Sections 16-13 or 26-3.|
|(1)||The theft, loss, or the discovery of unaccounted for controlled substances, within three (3) days of its discovery, must be reported to the GDNA.|
|(2)||A written report must be made regarding any theft or significant loss, as defined under 21 C.F.R. 1301.76, of controlled substances by completing a DEA Form 106 and submitted to the Drug Enforcement Administration, with a copy to the GDNA.|
report shall include the following information:
Confidential prescription drug order information means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient, to the patient's designee, or to those practitioners and other pharmacists where, in the pharmacist's professional judgement, such release is necessary to protect the patient's health and well being; and to such other persons or government agencies authorized by law to receive such confidential information.
|(a)||An electronically transmitted prescription drug order from a prescriber to a pharmacist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever;|
|(b)||Any pharmacist that transmits, receives, or maintains any prescription drug order or prescription drug order refill authorization either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein;|
|(c)||Information contained in the patient medication record or profile shall be considered confidential as defined by this Rule.|
|(d)|| Confidential information may be released
to the following:
|(e)|| In accordance with O.C.G.A. 24-9-40(b),
and these rules, a pharmacist may release confidential information to such
persons not mentioned in 480-16-. 08(d) only upon the receipt of the following:
|(f)||A letter from an attorney requesting confidential information without being accompanied by an official subpoena or court order is not considered a valid mechanism to cause a pharmacist to release such requested confidential information.|
|(g)||Any pharmacist releasing information under written authorization or waiver of the patient, his or her parents or duly appointed guardian, such as in the case of a minor, or appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding.|
All pharmacies are required to purchase or receive dangerous drugs and/or controlled substances from a firm licensed by this state as a drug wholesaler, distributor or manufacturer.