sb199.html
05 LC 33 0933S

The House Committee on Governmental Affairs offers the following substitute
to SB 199:

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by striking paragraph (11) of subsection (a) and inserting in lieu thereof the following:
"(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution or to an enrollee in a health benefits plan of a closed panel health maintenance organization or its affiliates by a pharmacy which is operated by a health maintenance organization and licensed under Code Section 26-4-10. For purposes of this paragraph, the term 'closed panel health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefit plans of the health maintenance organization;"

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.