Title 26, Chapter 4, Section 115
( 26-4-115)
(a) All persons, firms, or corporations, whether located in this
state or in any other state, engaged in the business of selling or
distributing drugs at wholesale in this state, in the business of
supplying drugs to manufacturers, compounders, and processors in
this state, or in the business of a reverse drug distributor shall
biennially register with the board as a drug wholesaler,
distributor, reverse drug distributor, or supplier. The application
for registration shall be made on a form to be prescribed and
furnished by said board and shall show each place of business of the
applicant for registration, together with such other information as
may be required by the board. The application shall be accompanied
by a fee in an amount established by the board for each place of
business registered by the applicant. Such registration shall not
be transferable and shall expire on the expiration date established
by the division director. Registration shall be renewed pursuant to
the rules and regulations of the board and a renewal fee prescribed
by the board shall be required. If not renewed, the registration
shall lapse and become null and void. Registrants shall be subject
to such rules and regulations with respect to sanitation or
equipment as the board may, from time to time, adopt for the
protection of the public health and safety. Such registration may
be suspended or revoked or the registrant may be reprimanded, fined,
or placed on probation by the board if the registrant fails to
comply with any law of this state, the United States, or any other
state having to do with the control of pharmacists, pharmacies,
wholesale distribution, or reverse drug distribution of controlled
substances or dangerous drugs as defined in Chapter 13 of Title 16;
if the registrant fails to comply with any rule or regulation
promulgated by the board; or if any registration or license issued
to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, or supplier registered as
provided in Chapter 13 of Title 16 or in subsection (a) of this Code
section, except reverse drug distributors, shall: (1) Submit reports, upon request from the Georgia Drugs and
Narcotics Agency, to account for all transactions with licensed
persons or firms located within this state; such reportable
transactions shall include all dangerous drugs and controlled
substances as defined in Chapter 13 of Title 16. Such reports
shall be submitted to the Georgia Drugs and Narcotics Agency; and (2) Automatically submit reports of any excessive purchases of
controlled substances by licensed persons or firms located within
this state using the federal Drug Enforcement Administration
guidelines to define "excessive purchases" as set forth under the
provisions of 21 C.F.R. Sec. 1301. Such reports shall be
submitted to the Georgia Drugs and Narcotics Agency. (c) The board shall be authorized to promulgate rules and
regulations to facilitate compliance with this Code section. (d) The provisions of subsection (b) of this Code section shall not
apply to any wholesaler, manufacturer, distributor, or supplier who
only ships controlled substances directly to a licensed wholesaler
within this state. (e) Any person, firm, or corporation which violates any provision of
this Code section shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one
year nor more than five years or by a fine not to exceed $25,000.00,
or both. (f) Any practitioner who knowingly transfers any controlled
substance or dangerous drug as such terms are defined in Chapter 13
of Title 16 by purchasing from or returning to a person, firm, or
corporation which is not registered as required in subsection (a) of
this Code section or as required in Chapter 13 of Title 16 shall be
guilty of a felony and, upon conviction thereof, shall be punished
by imprisonment for not less than one year nor more than three years
or by a fine not to exceed $10,000.00, or both. |