TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 5 PRESCRIPTION DRUGS

26-4-80.1. Use of security paper for hard copy prescription drug orders.

1. Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner shall be written on security paper.
2. A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements.
3. If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on security paper approved by the board that meets the requirements of subparagraph (A) of paragraph (38.5) of Code Section 26-4-5 or security paper that meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5.
4. Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use.
5. The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by paragraph (38.5) of Code Section 26-4-5. The seal shall be affixed to all security paper used in this state; provided, however, that security paper which meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5 shall not be required to have such affixed seal.
6. The board may adopt rules necessary for the administration of this Code section.
7. The security paper requirements in this Code section shall not apply to:
   1. Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or
   2. Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order.

(Code 1981, §26-4-80.1, enacted by Ga. L. 2011, p. 659, § 5/SB 36; Ga. L. 2013, p. 127, § 4/HB 209.)

The 2013 amendment, effective July 1, 2013, substituted "shall be written" for "must be written" in subsection (a); in subsection (c), substituted "security paper approved by the board that meets the requirements of subparagraph (A) of paragraph (38.5) of Code Section 26-4-5 or security paper that meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5" for "approved security paper that meets the requirements of paragraph (38.5) of Code Section 26-4-5"; deleted former subsection (e), which read: "All vendors shall have their security paper approved by the board prior to marketing or sale in this state."; redesignated former subsections (f) through (h) as present subsections (e) through (g), respectively; and, in subsection (e), added the proviso.