Title 26, Chapter 4, Section 5
As used in this chapter the term:
(1) "Administer" or "administration" means the provision of a unit
dose of medication to an individual patient as a result of the
order of an authorized practitioner of the healing arts.
(2) "Board of pharmacy" or "board" means the Georgia State Board
(3) "Brand name drug" means the proprietary, specialty, or trade
name used by a drug manufacturer for a generic drug and placed
upon the drug, its container, label, or wrapping at the time of
(4) "Compounding" means the preparation, mixing, assembling,
packaging, or labeling of a drug or device as the result of a
practitioner's prescription drug order or initiative based on the
relationship between the practitioner, patient, and pharmacist in
the course of professional practice or for the purpose of, or as
an incident to, research, teaching, or chemical analysis and not
for sale or dispensing. Compounding also includes the preparation
of drugs or devices in anticipation of prescription drug orders
based on routine and regularly observed prescribing patterns.
(5) "Confidential information" means information maintained by the
pharmacist in the patient's records or which is communicated to
the patient as part of patient counseling which is privileged and
may be released only to the patient or, as the patient directs, to
those practitioners and other pharmacists where, in the
pharmacist's professional judgment, such release is necessary to
protect the patient's health and well-being; and to such other
persons or governmental agencies authorized by law to receive such
(6) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29, Schedules I through V of 21 C.F.R. Part 1308, or both.
(7) "Dangerous drug" means any drug, substance, medicine, or medication as defined in Code Section 16-13-71.
(8) "Deliver" or "delivery" means the actual, constructive, or
attempted transfer of a drug or device from one person to another,
whether or not for a consideration.
(9) "Device" means an instrument, apparatus, contrivance, or other
similar or related article, including any component part or
accessory, which is required under federal law to bear the label,
"Caution: federal or state law requires dispensing by or on the
order of a physician."
(10) "Dispense" or "dispensing" means the preparation and delivery
of a drug or device to a patient, patient's caregiver, or
patient's agent pursuant to a lawful order of a practitioner in a
suitable container appropriately labeled for subsequent
administration to, or use by, a patient.
(11) "Distribute" means the delivery of a drug or device other
than by administering or dispensing.
(11.1) "Division director" means the division director of the
professional licensing boards division, as provided in Chapter 1
of Title 43.
(12) "Drug" means:
(A) Articles recognized as drugs in any official compendium, or
supplement thereto, designated from time to time by the board
for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals;
(B) Articles intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or
(C) Articles, other than food, intended to affect the structure
or any function of the body of humans or animals; and
(D) Articles intended for use as a component of any articles
specified in subparagraph (A), (B), or (C) of this paragraph but
does not include devices.
(13) "Drug regimen review" includes but is not limited to the
(A) Evaluation of any prescription drug order and patient record
(i) Known allergies;
(ii) Rational therapy-contraindications;
(iii) Reasonable dose and route of administration; and
(iv) Reasonable directions for use;
(B) Evaluation of any prescription drug order and patient record
for duplication of therapy;
(C) Evaluation of any prescription drug order and patient record
for the following interactions:
(iii) Drug-disease; and
(iv) Adverse drug reactions; and
(D) Evaluation of any prescription drug order and patient record
for proper utilization, including overutilization or
underutilization, and optimum therapeutic outcomes.
(14) "Drug researcher" means a person, firm, corporation, agency,
department, or other entity which handles, possesses, or utilizes
controlled substances or dangerous drugs, as defined in Chapter 13
of Title 16, for purposes of conducting research, drug analysis,
animal training, or drug education, as such purposes may be
further defined by the board, and is not otherwise registered as a
pharmacist, pharmacy, drug wholesaler, distributor, supplier, or
(15) "Emergency service provider" means licensed ambulance
services, first responder services or neonatal services, or any
(16) "Extern" or "pharmacy extern" means an individual who is a
student currently enrolled in an approved school or college of
pharmacy and who has been assigned by the school or college of
pharmacy to a licensed pharmacy for the purposes of obtaining
practical experience and completing a degree in pharmacy. For the
purposes of this chapter, a pharmacy extern may engage in any
activity or perform any function which a pharmacy intern may
perform under the direct supervision of a licensed pharmacist.
(17) "Federal act" or "Federal Food, Drug, and Cosmetic Act" means
the Federal Food, Drug, and Cosmetic Act of the United States of
America, approved June 25, 1938, officially cited as Public
Document 717, 75th Congress (Chapter 675-3rd Sess.) and all
amendments thereto, and all regulations promulgated thereunder by
the commissioner of the Federal Food and Drug Administration.
(18) "Generic name" means a chemical name, a common or public
name, or an official name used in an official compendium
recognized by the Federal Food, Drug, and Cosmetic Act, as
(18.1) "Institution" means any licensed hospital, nursing home,
personal care home, hospice, health clinic, or prison clinic.
(19) "Intern" or "pharmacy intern" means an individual who is:
(A) A student who is currently enrolled in an approved school or
college of pharmacy, has registered with the board, and has been
licensed as a pharmacy intern;
(B) A graduate of an approved school or college of pharmacy who
is currently licensed by the board for the purpose of obtaining
practical experience as a requirement for licensure as a
(C) An individual who does not otherwise meet the requirements
of subparagraph (A) or (B) of this paragraph and who has
established educational equivalency by obtaining a Foreign
Pharmacy Graduate Examination Committee (FPGEC) certificate and
is currently licensed by the board for the purpose of obtaining
practical experience as a requirement for licensure as a
(21) "Labeling" means the process of preparing and affixing a
label to any drug container exclusive, however, of the labeling by
a manufacturer, packer, or distributor of a nonprescription drug
or commercially packaged legend drug or device. Any such label
shall include all information required by federal, state, or
federal and state law or rule.
(22) "Manufacturer" means a person engaged in the manufacturing of
drugs or devices.
(23) "Manufacturing" means the production, preparation,
propagation, conversion, or processing of a drug or device, either
directly or indirectly, by extraction from substances of natural
origin or independently by means of chemical or biological
synthesis and includes any packaging or repackaging of any
substance or labeling or relabeling of its container and the
promotion and marketing of such drugs or devices. Manufacturing
also includes the preparation and promotion of commercially
available products from bulk compounds for resale by pharmacies,
practitioners, or other persons.
(23.5) "Narcotic treatment program clinic pharmacy" means a
pharmacy which is attached to, located in, or otherwise a part of
and operated by a narcotic treatment program which provides an
opiate replacement treatment program, as designated or defined by
the Department of Human Resources or such other state agency as
may be designated as the state authority for the purposes of
implementing the narcotic treatment program authorized by federal
and state laws and regulations.
(24) "Nonprescription drug" means a drug which may be sold without
a prescription and which is labeled for use by the consumer in
accordance with the requirements of the laws and rules of this
state and the federal government.
(25) "Patient counseling" means the oral communication by the
pharmacist of information, as defined in the rules of the board,
to the patient, patient's caregiver, or patient's agent, in order
to improve therapy by ensuring proper use of drugs and devices.
(26) "Person" means an individual, corporation, partnership, or
(27) "Pharmaceutically equivalent" means drug products that
contain identical amounts of the identical active ingredient, in
identical dosage forms, but not necessarily containing the same
(28) "Pharmacist" means an individual currently licensed by this
state to engage in the practice of pharmacy. This recognizes a
pharmacist as a learned professional who is authorized to provide
patient services and pharmacy care.
(29) "Pharmacist in charge" means a pharmacist currently licensed
in this state who accepts responsibility for the operation of a
pharmacy in conformance with all laws and rules pertinent to the
practice of pharmacy and the distribution of drugs and who is
personally in full and actual charge of such pharmacy and
(30) "Pharmacy" means:
(A) The profession, art, and science that deals with pharmacy
care, drugs, or both, medicines, and medications, their nature,
preparation, administration, dispensing, or effect; or
(B) Any place licensed in accordance with this chapter wherein
the possessing, displaying, compounding, dispensing, or selling
of drugs may be conducted, including any and all portions of the
building or structure leased, used, or controlled by the
licensee in the conduct of the business or profession licensed
by the board at the address for which the license was issued.
(31) "Pharmacy care" means those services related to the
interpretation, evaluation, or dispensing of prescription drug
orders, the participation in drug and device selection, drug
administration, and drug regimen reviews, and the provision of
patient counseling related thereto.
(32) "Pharmacy technician" means those support persons utilized in
pharmacies whose responsibilities are to provide nonjudgmental
technical services concerned with the preparation for dispensing
of drugs under the direct supervision and responsibility of a
(33) "Practitioner" or "practitioner of the healing arts" means a
physician, dentist, podiatrist, or veterinarian and shall include
any other person licensed under the laws of this state to use,
mix, prepare, dispense, prescribe, and administer drugs in
connection with medical treatment to the extent provided by the
laws of this state.
(34) "Preceptor" means an individual who is currently licensed as
a pharmacist by the board, meets the qualifications as a preceptor
under the rules of the board, and participates in the
instructional training of pharmacy interns.
(35) "Prescription drug" or "legend drug" means a drug which,
under federal law, is required, prior to being dispensed or
delivered, to be labeled with either of the following statements:
"Caution: federal law prohibits dispensing without prescription"
or "Caution: federal law restricts this drug to use by, or on the
order of, a licensed veterinarian"; or a drug which is required by
any applicable federal or state law or rule to be dispensed
pursuant only to a prescription drug order or is restricted to use
by practitioners only; or a controlled substance, as defined in
paragraph (6) of this Code section or a dangerous drug as defined
in paragraph (7) of this Code section.
(36) "Prescription drug order" means a lawful order of a
practitioner for a drug or device for a specific patient.
(37) "Prospective drug use review" means a review of the patient's
drug therapy and prescription drug order, as defined in the rules
of the board, prior to dispensing the drug as part of a drug
(38) "Reverse drug distributor" means a person, firm, or
corporation which receives and handles drugs from within this
state which are expired, discontinued, adulterated, or misbranded,
under the provisions of Chapter 3 of this title, the "Georgia Drug
and Cosmetic Act," from a pharmacy, drug distributor, or
manufacturer for the purposes of destruction or other final
disposition or for return to the original manufacturer of a drug.
(39) "Significant adverse drug reaction" means a drug related
incident that may result in serious harm, injury, or death to the
(40) "Substitution" means to dispense pharmaceutically equivalent
and therapeutically equivalent drug products as regulated by the
board in place of the drug prescribed.
(41) "Wholesale distributor" means any person engaged in wholesale
distribution of drugs, including but not limited to manufacturers;
repackagers; own label distributors; private label distributors;
jobbers; brokers; warehouses, including manufacturers' and
distributors' warehouses, chain drug warehouses, and wholesale
drug warehouses; independent wholesale drug traders; and retail
and hospital pharmacies that conduct wholesale distributions.