TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 4. Pharmacists and Pharmacies, 26-4-1 through 26-4-214.

ARTICLE 6 PHARMACIES

26-4-113. Wholesale distributors; licensing requirements; suspension or revocation of license; reinstatement.

1. No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board.
2. Except where otherwise permitted by law, it shall be unlawful for any type of manufacturer, wholesale distributor, reverse drug distributor, outsourcing facility, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter; provided, however, that out-of-state firms that conduct intracompany transfers of drugs or devices to and have the same ownership as a licensed firm in this state shall not be required to be licensed in this state pursuant to this chapter; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to obtain a license pursuant to this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor.
3. The board may suspend, revoke, deny, or refuse to renew the pharmacy license of, reprimand, issue a letter of concern to, or fine any person licensed under this article on any of the following grounds:
   1. The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances;
   2. Any felony convictions under federal or state laws;
   3. The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;
   4. Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances;
   5. Obtaining any remuneration by fraud, misrepresentation, or deception;
   6. Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices;
   7. Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided;
   8. Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or
   9. Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter.
4. Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board.

(Code 1981, §26-4-113, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 2016, p. 855, § 5/HB 926.)

The 2016 amendment, effective July 1, 2016, substituted the present provisions of the first sentence of subsection (b) for the former provisions, which read: "Except where otherwise permitted by law, it shall be unlawful for a manufacturer, wholesale distributor, or a reverse drug distributor to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter."