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2018 Georgia Code 26-4-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-4-20 Case Law from Google Scholar Amendments to OCGA 26-4-20

TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 2 STATE BOARD OF PHARMACY

26-4-20. State Board of Pharmacy continued; enforcement of provisions of chapter vested in board; board to be autonomous division of Department of Community Health; compensation; venue for actions involving board members.

  1. The Georgia State Board of Pharmacy existing immediately preceding July 1, 2013, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified.
  2. The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law.
  3. On and after July 1, 2013, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Community Health; provided, however, that except as otherwise specifically provided, the board shall be autonomous from the Board of Community Health and the commissioner of community health and shall exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department and prepare its budget and submit its budgetary requests, if any, through the department. Such transfer shall in no way affect any existing obligations, liabilities, or rights of the board, as such existed on June 30, 2013. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of Title 43.
  4. The board shall appoint and fix the compensation, which shall be approved by the Board of Community Health, of an executive director of such board who shall serve at the pleasure of the board.
  5. The venue of any action involving members of the board shall be the county in which is found the primary office of the board. The executive director of the board shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

(Code 1981, §26-4-20, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 2013, p. 192, § 1-2/HB 132.)

The 2013 amendment, effective July 1, 2013, substituted "July 1, 2013" for "July 1, 1998" in subsection (a); and added subsections (c) through (e).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 79A-301 are included in the annotations for this Code section.

Board and board members immune from damage actions.

- Because of the control the state exercises over the State Board of Pharmacy, and because the board appears to be an entity of the state as defined by Georgia law, the board, and the board members in their official capacities, is immune from the damage action by virtue of its Eleventh Amendment immunity. Shepard v. Byrd, 581 F. Supp. 1374 (N.D. Ga. 1984) (decided under former Code 1933, § 79A-301).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, Ch. 79A-3 are included in the annotations for this Code section.

State Board of Pharmacy and State Drug Inspector control dangerous drugs.

- Control of rabies generally is delegated to county boards of health, and the control of dangerous drugs is vested with the State Board of Pharmacy and the State Drug Inspector. 1975 Op. Att'y Gen. No. 75-23 (decided under former Code 1933, Ch. 79A-3).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 81, 82.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 69, 70.

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