Chapter 480-5 BOARD ACTIONS AND CODE OF CONDUCT
Under the authority granted by the Georgia Pharmacy Practice
Act, O.C.G.A. T. 26, Ch. 4, and O.C.G.A. Section
43-1-19, the Georgia State Board
of Pharmacy ("Board") shall have the power to reprimand, cancel, suspend,
revoke, or otherwise restrict any license or permit issued by the Board. The
specific grounds for disciplinary action are found in O.C.G.A. Section
43-1-19 and O.C.G.A. T. 26, Ch. 4,
and O.C.G.A. T. 16, Ch. 13. The Board shall have such duty, power, and
authority as may be necessary to enforce O.C.G.A. T. 26, Ch. 4, O.C.G.A. T. 26,
Ch. 3 and O.C.G.A. T. 16, Ch. 13, and any rules promulgated by the Board
pursuant thereto.
When the Board finds that a pharmacy, manufacturer, wholesale
distributor, researcher or reverse drug distributor has violated the provisions
of O.C.G.A. T. 16, Ch. 13, O.C.G.A. T. 26, Ch. 3, O.C.G.A. T. 26, Ch. 4 and/or
the rules of the Board, the Board may issue any disciplinary order to any
corporate owner, officer, owner, partner, or pharmacist-in-charge of the
pharmacy, manufacturer, wholesale distributor, researcher or reverse drug
distributor.
The Board is authorized to take disciplinary action for
unprofessional conduct. Consistent with the authority to assure that licensees
operate in a professional manner and the Board's responsibility to protect the
public health with a safe, dependable and sufficient supply of medication, the
Board establishes a Code of Professional Conduct which shall apply to and be
observed by all persons engaged in the practice of pharmacy in the State of
Georgia.
| (a) |
Ethics. No pharmacist,
intern, extern, technician, or pharmacy owner shall engage in any conduct in
the practice of pharmacy or in the operation of a pharmacy which tends to
reduce the public confidence in the ability and integrity of the profession of
pharmacy, or endangers the public health, safety and welfare, or have been
guilty of any fraud, misrepresentation, culpable negligence, concealment,
dishonest dealings, fix, scheme or device, or breach of trust in the practice
of pharmacy or in the conduction of business related to prescriptions, drugs or
devices. |
| (b) |
Patient Self-Referral.
No pharmacist, employee or agent thereof acting on his/her behalf, shall offer,
agree to accept, or receive compensation in any form for the referral of
professional services to or from another health care provider or entity. This
prohibition includes any form of fee division or charging of fees for the
referral of patients. |
| (c) |
Error or
Uncertain Prescriptions. No pharmacist or pharmacy intern/extern shall compound
or dispense any prescription, which, in his/her professional opinion, contains
any error omission, irregularity or ambiguity. Upon receipt of such
prescription, the pharmacist, pharmacy intern/extern shall contact the
prescriber and confer with him/her before dispensing the prescription. No
pharmacist or intern/extern shall dispense any medication by virtue of a
prescription if said pharmacist or intern has any doubt existing in his mind
that such prescription is not legitimate. |
| (d) |
Betrayal of Confidence. A pharmacist
shall not discuss with the patient or representative such matters that should
be discussed only with the prescriber. |
| (e) |
Diagnosis or Treatment. No pharmacist or
employee of a pharmacy shall diagnose, treat, prescribe for, or attempt to do
so, any disease, illness, or organic disorder. This limitation shall not be
construed to prevent a licensed pharmacist from advising individuals on matters
concerning simple ailments, first aid measures, sanitary matters, or the merits
and qualities of medicines, nor shall it prevent the full practice of pharmacy
as provided in O.C.G.A. Section
26-4-4. |
| (f) |
Coded Prescriptions. No pharmacist,
pharmacy intern, or extern shall compound or dispense any prescription that is
coded. A "coded" prescription is one which bears letters, numbers, words or
symbols, or any other device used in lieu of the name, quantity, strength and
directors for its use, other than normal letters, numbers, words, symbols or
other media recognized by the profession of pharmacy as a means for conveying
information by prescription. No symbol, word or any other device shall be used
in lieu of the name of said preparation. |
| (g) |
False or Misleading Advertising. No
pharmacist or licensed pharmacy shall disseminate through any communication
media any false, misleading or fraudulent advertising. |
| (h) |
Changes in Prescriptions. No pharmacist,
pharmacy intern or extern shall supply medications or devices which contain an
ingredient or article different in any manner from the medication or device
that is prescribed upon a prescription unless prior approval has been obtained
from the prescriber thereof. Such difference shall immediately be recorded upon
said prescription after being approved by said prescriber, showing the date,
time and method of ascertaining the said approval. |
| (i) |
Prescription Sub-Stations. No pharmacist,
employer or employee of a licensed pharmacy shall maintain a location, other
than a pharmacy for which a permit has been issued by the Board, from which to
solicit, accept or dispense prescriptions. |
| (j) |
Physician Agreements. No pharmacist or
licensed pharmacy, or employee or agent thereof, shall enter into or engage in
any agreement or arrangement with an physician or other practitioner for the
payment or acceptance of compensation in any form or type for the recommending
of the professional services of either; or enter into a rebate or percentage
rental agreement if any kind, whereby in any way a patient's free choice of a
pharmacist or licensed pharmacy is or may be limited. |
| (k) |
Independent Judgment and Practices. No
pharmacist shall offer or engage in professional pharmaceutical services under
any terms and conditions that shall tend to interfere with or impair the free
and complete exercise of professional judgment and skill of a pharmacist or
enter into any agreement that denies the public the right of free choice of
pharmacists or pharmacies. |
| (l) |
Return of Prescriptions. Except as authorized by Rule
480-10-.17, no pharmacist or employer
or employee of a pharmacy may knowingly place in the stock of any pharmacy any
part of any prescription dispensed to, or compounded for, any patient of any
pharmacy and returned by said patient. |
| (m) |
Evasion of Code of Professional Conduct.
No pharmacist, licensed pharmacy or employee or agent thereof, shall act in any
way to evade the rules and regulations of the Board and the laws applying to
licensed pharmacies and pharmacists, interns, externs and technicians, but may
apply methods of their own to enhance compliance with said laws, rules and
regulations. Said persons shall be responsible for being acquainted with said
laws, rules and regulations, and ignorance of said laws, rules, regulations
shall not be a valid defense of the same. |
| (n) |
Refusal to Fill Prescription. It shall
not be considered unprofessional conduct for any pharmacist to refuse to fill
any prescription based on his/her professional judgment or ethical or moral
beliefs. |
| (o) |
Valid Prescription
Drug Orders. Prescription drugs shall be dispensed only pursuant to a valid
prescription drug order. A pharmacist shall not dispense a prescription which
the pharmacist knows or should know is not a valid prescription. A pharmacist
shall have the same corresponding liability for prescriptions as an issuing
practitioner as set forth in 21 C.F.R. as such regulation exists on January 1,
2013. Valid prescription drug orders shall include those issued by a physician,
dentist, podiatrist, veterinarian, or other person licensed, registered, or
otherwise authorized under the laws of this state, or of any state or territory
of the United States, to prescribe dangerous drugs or controlled substances or
both. |
| (p) |
Violations of the Code of
Professional Conduct. The above set out Code of Professional Conduct is
expressly adopted by the Board and shall govern the conduct of all those
admitted to practice pharmacy in their capacities as pharmacists, all those
issued licenses as a pharmacy in their capacities as licensees and all pharmacy
interns/externs in their capacities as pharmacy interns/externs. A license to
practice pharmacy or a permit to operate a licensed pharmacy confers to vested
right to the holder thereof, but is a conditional privilege revocable for
cause. The primary purpose of this Code of Professional Conduct is the
protection of the profession of pharmacy and the public health, safety and
welfare. It is the responsibility of the Board to purge the profession of those
unworthy to practice pharmacy or operate pharmacies in this state. It is the
obligation of every licensed pharmacy holder and every licensed pharmacist to
give unlimited cooperation and assistance to the Board in the discharge of this
responsibility. Violation of this code may subject the violator to suspension
or revocation of any license issued to him/her by the Board and/or public
reprimand, fines, probation, letters of concern or other disciplinary actions
deemed appropriate by the Board. |
Pursuant to O.C.G.A. T.26, Ch. 4 and O.C.G.A. Section
43-1-19, whenever a pharmacist,
intern or extern becomes unfit to practice pharmacy with reasonable skill and
safety by reason of a mental or physical condition including impairment due to
the use of alcohol, narcotics, stimulants, or other habit-forming drugs, the
Board has the duty and authority to place appropriate conditions or limitations
on that person's license, including conditions or limitations on that person's
license, including suspension or revocation. Whenever such pharmacist, intern
or extern is impaired or has otherwise endangered the public health and welfare
while engaged in the practice of pharmacy, and any other Board licensee is
aware of such impairment he/she has the obligation and duty to notify the Board
of such impaired persons and their actions.
For any order issued in resolution of a disciplinary proceeding
before the Board, the Board may direct any licensee found guilty of a charge
involving a violation of any drug laws or rules to pay to the Board a sum not
to exceed the reasonable cost of the investigation, and prosecution of the case
and, in any case, not to exceed $25,000.00. The costs to be assessed shall be
fixed by the Board and the costs so recovered shall be paid to the State of
Georgia.
