05 LC
33 0637
Senate
Bill 199
By:
Senators Balfour of the 9th, Seabaugh of the 28th, Hudgens of the 47th, Adelman
of the 42nd and Henson of the 41st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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 delete 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 subsection (a) in its entirety and inserting in
lieu thereof the following:
"(a)
The board of pharmacy may refuse to issue or renew, or may suspend, revoke, or
restrict the licenses of, or fine any person pursuant to the procedures set
forth in this Code section, upon one or more of the following
grounds:
(1)
Unprofessional conduct as that term is defined by the rules of the
board;
(2)
Incapacity that prevents a licensee from engaging in the practice of pharmacy
with reasonable skill, competence, and safety to the public;
(3)
Being guilty of one or more of the following:
(A)
A felony;
(B)
Any act involving moral turpitude; or
(C)
Violations of the pharmacy or drug laws of this state, or rules and regulations
pertaining thereto, or of laws, rules, and regulations of any other state, or of
the federal government;
(4)
Misrepresentation of a material fact by a licensee in securing the issuance or
renewal of a license;
(5)
Engaging or aiding and abetting an individual to engage in the practice of
pharmacy without a license falsely using the title of 'pharmacist' or 'pharmacy
intern,' or falsely using the term 'pharmacy' in any manner;
(6)
Failing to pay the costs assessed in a disciplinary hearing pursuant to
subsection (c) of Code Section 26-4-28;
(7)
Becoming unfit or incompetent to practice pharmacy by reason of:
(A)
Intemperance in the use of alcoholic beverages, narcotics, or habit-forming
drugs or stimulants; or
(B)
Any abnormal physical or mental condition which threatens the safety of persons
to whom such person may compound or dispense prescriptions, drugs, or devices or
for whom he or she might manufacture, prepare, or package or supervise the
manufacturing, preparation, or packaging of prescriptions, drugs, or
devices;
(8)
Being adjudicated to be mentally ill or insane;
(9)
Violating any rules and regulations promulgated by the board;
(10)
Promoting to the public in any manner a drug which may be dispensed only
pursuant to prescription;
(11)
Regularly employing the mails or other common carriers to sell, distribute, and
deliver a drug which requires a prescription directly to a patient; however,
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;
(12)(11)
Unless otherwise authorized by law, dispensing or causing to be dispensed a
different drug or brand of drug in place of the drug or brand of drug ordered or
prescribed without the prior authorization of the practitioner ordering or
prescribing the same;
(13)(12)
Violating or attempting to violate a statute, law, any lawfully promulgated rule
or regulation of this state, any other state, the board, the United States, or
any other lawful authority without regard to whether the violation is criminally
punishable, which statute, law, rule, or regulation relates to or in part
regulates the practice of pharmacy, when the licensee or applicant knows or
should know that such action is violative of such statute, law, or rule; or
violating either a public or confidential lawful order of the board previously
entered by the board in a disciplinary hearing, consent decree, or license
reinstatement; or
(14)(13)
Having his or her license to practice pharmacy revoked, suspended, or annulled
by any lawful licensing authority of this or any other state, having
disciplinary action taken against him or her by any lawful licensing authority
of this or any other state, or being denied a license by any lawful licensing
authority of this or any other
state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.