TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 5 PRESCRIPTION DRUGS

26-4-82. Duties requiring professional judgment; responsibilities of licensed pharmacist.

1. In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment.
2. For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.
3. In the dispensing of all prescription drug orders:
   1. The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;
   2. The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;
   3. When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;
   4. When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and
   5. Pharmacy technicians in the dispensing area shall be easily identifiable.
4. The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of three pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. One of the three technicians must:
   1. Have successfully passed a certification program approved by the board of pharmacy;
   2. Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or
   3. Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy.
5. In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.

(Code 1981, §26-4-82, enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 2002, p. 1492, § 1; Ga. L. 2007, p. 229, § 2/HB 330.)