Title 16, Chapter 13, Section 72
( 16-13-72)
Except as provided for in this article, it shall be unlawful for any
person, firm, corporation, or association to sell, give away,
barter, exchange, distribute, or possess in this state any dangerous
drug, except under the following conditions: (1) A drug manufacturer, wholesaler, distributor, or supplier
holding a license or registration issued in accordance with the
Federal Food, Drug, and Cosmetic Act and authorizing the holder to
possess dangerous drugs may possess dangerous drugs within this
state but may not distribute, sell, exchange, give away, or by any
other means supply dangerous drugs without a permit issued by the
State Board of Pharmacy. Any drug manufacturer, wholesaler,
distributor, or supplier holding a permit issued by the State
Board of Pharmacy may sell, give away, exchange, or distribute
dangerous drugs within this state, but only to a pharmacy,
pharmacist, a practitioner of the healing arts, and educational
institutions licensed by the state, or to a drug wholesaler,
distributor, or supplier, and only if such distribution is made in
the normal course of employment; (2) A pharmacy may possess dangerous drugs, but the same shall not
be sold, given away, bartered, exchanged, or distributed except by
a licensed pharmacist in accordance with this article; (3) A pharmacist may possess dangerous drugs but may sell, give
away, barter, exchange, or distribute the same only when he
compounds or dispenses the same upon the prescription of a
practitioner of the healing arts. No such prescription shall be
refilled except upon the authorization of the practitioner who
prescribed it; (4) A practitioner of the healing arts may possess dangerous drugs and may sell, give away, barter, exchange, or distribute the same in accordance with Code Section 16-13-74; (4.1) A physician in conformity with Code Section 43-34-26.1 may delegate to a nurse or a physician's assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician's assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician's assistants existing under other provisions of law; (4.2) A registered professional nurse licensed under Article 1 of
Chapter 26 of Title 43 who is employed or engaged by a licensed
home health agency may possess sterile saline, sterile water and
diluted heparin for use as intravenous maintenance for use in a
home health setting, and such nurse may administer such items to
patients of the home health agency upon the order of a licensed
physician. The State Board of Pharmacy shall be authorized to
adopt regulations governing the storage, quantity, use and
administration of such items; provided, however, nothing in this
paragraph or in such regulations shall be construed to restrict
any authority of nurses existing under other provisions of law; (5) A manufacturer's sales representative may distribute a
dangerous drug as a complimentary sample only upon the written
request of a practitioner. The request must be made for each
distribution and shall contain the names and addresses of the
supplier and the requestor and the name and quantity of the
specific dangerous drug requested. The written request shall be
preserved by the manufacturer for a period of two years; and (6) Such person, firm, corporation, or association shall keep a
complete and accurate record of all dangerous drugs received,
purchased, manufactured, sold, dispensed, or otherwise disposed of
and shall maintain such records for at least two years or in
conformance with any other state or federal law or rule issued by
the Georgia State Board of Pharmacy. |