TITLE 26
FOOD, DRUGS, AND COSMETICS
ARTICLE 3
PRACTICE OF PHARMACY
26-4-41. Qualifications for license; examination; internship and other training programs.
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Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
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Have submitted an application in the form prescribed by the board;
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Have attained the age of majority;
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Be of good moral character;
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Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language;
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Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;
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Have successfully passed an examination or examinations approved by the board; and
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Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license.
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Examinations.
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The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination.
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The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination.
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Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person shall not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time shall not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid.
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Internship and other training programs.
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All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine.
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The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.
(Code 1981, §26-4-41, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 1999, p. 277, § 4; Ga. L. 2000, p. 136, § 26; Ga. L. 2010, p. 266, § 2/SB 195; Ga. L. 2011, p. 752, § 26/HB 142.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 1998, "Internship and other training programs" was substituted for "Internship and Other Training Programs" in subsection (c).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former Code 1933,
§
84-1313 are included in the annotations for this Code section.
Licensed pharmacist presumed to know effects of habit-forming drugs.
- Pharmacist in this state must be a graduate of a recognized college of pharmacy and must have had 12 months of practical experience before being licensed; it is thus not necessary to allege that a licensed pharmacist would know the effects of habit-forming drugs. Morris v. Owen, 102 Ga. App. 71, 115 S.E.2d 604 (1960) (decided under former Code 1933,
§
84-1313).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, Ch. 84-13, and former Code Section 26-4-72 are included in the annotations for this Code section.
Applicants not graduates of recognized schools of pharmacy may not take examination.
- State Board of Pharmacy may not grant an examination to an applicant who is not a graduate of a recognized school or college of pharmacy. 1945-47 Op. Att'y Gen. p. 509 (decided under former Code 1933,
§
84-1313).
Person who fails to pass the first pharmacist examination may take another one.
1950-51 Op. Att'y Gen. p. 143 (decided under former Code 1933,
§
84-1314).
Alien may take examination for a license as a pharmacist but may not be licensed until the alien has become a citizen.
1948-49 Op. Att'y Gen. p. 330 (decided under former Code 1933,
§
84-1311).
RESEARCH REFERENCES
Am. Jur. 2d.
- 25 Am. Jur. 2d, Drugs and Controlled Substances,
§
89.
C.J.S.
- 28 C.J.S., Drugs and Narcotics,
§§
65 et seq., 79 et seq.
ALR.
- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.