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§ 16-13-72 - Sale, distribution, or possession of dangerous drugs

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O.C.G.A.16-13-72 (2010) 16-13-72.Sale, distribution, or possession of dangerous drugs Exceptas provided for in this article, it shall be unlawful for any person,firm, corporation, or association to sell, give away, barter, exchange,distribute, or possess in this state any dangerous drug, except underthe following conditions:(1)A drugmanufacturer, wholesaler, distributor, or supplier holding a license orregistration issued in accordance with the Federal Food, Drug, andCosmetic Act and authorizing the holder to possess dangerous drugs maypossess dangerous drugs within this state but may not distribute, sell,exchange, give away, or by any other means supply dangerous drugswithout a permit issued by the State Board of Pharmacy. Any drugmanufacturer, wholesaler, distributor, or supplier holding a permitissued by the State Board of Pharmacy may sell, give away, exchange, ordistribute dangerous drugs within this state, but only to a pharmacy,pharmacist, a practitioner of the healing arts, and educationalinstitutions licensed by the state, or to a drug wholesaler,distributor, or supplier, and only if such distribution is made in thenormal course of employment;(2)Apharmacy may possess dangerous drugs, but the same shall not be sold,given away, bartered, exchanged, or distributed except by a licensedpharmacist in accordance with this article;(3)Apharmacist may possess dangerous drugs but may sell, give away, barter,exchange, or distribute the same only when he compounds or dispensesthe same upon the prescription of a practitioner of the healing arts. Nosuch prescription shall be refilled except upon the authorization ofthe practitioner who prescribed it;(4)Apractitioner of the healing arts may possess dangerous drugs and maysell, give away, barter, exchange, or distribute the same in accordancewith Code Section 16-13-74;(4.1)Aphysician in conformity with Code Section 43-34-23 may delegate to anurse or a physician assistant the authority to possess vaccines andsuch other drugs as specified by the physician for adverse reactions tothose vaccines, and a nurse or physician assistant may possess suchdrugs pursuant to that delegation; provided, however, that nothing inthis paragraph shall be construed to restrict any authority of nurses orphysician assistants existing under other provisions of law;(4.2)Aregistered professional nurse licensed under Article 1 of Chapter 26 ofTitle 43 who is employed or engaged by a licensed home health agencymay possess sterile saline, sterile water, and diluted heparin for useas intravenous maintenance for use in a home health setting, and suchnurse may administer such items to patients of the home health agencyupon the order of a licensed physician. The State Board of Pharmacyshall be authorized to adopt regulations governing the storage,quantity, use, and administration of such items; provided, however,nothing in this paragraph or in such regulations shall be construed torestrict any authority of nurses existing under other provisions of law;(4.3)Possession,planting, cultivation, growing, or harvesting of Salvia divinorum orSalvia divinorum A strictly for aesthetic, landscaping, or decorativepurposes;(5)A manufacturer's salesrepresentative may distribute a dangerous drug as a complimentary sampleonly upon the written request of a practitioner. The request must bemade for each distribution and shall contain the names and addresses ofthe supplier and the requestor and the name and quantity of the specificdangerous drug requested. The written request shall be preserved by themanufacturer for a period of two years; and(6)Suchperson, firm, corporation, or association shall keep a complete andaccurate record of all dangerous drugs received, purchased,manufactured, sold, dispensed, or otherwise disposed of and shallmaintain such records for at least two years or in conformance with anyother state or federal law or rule issued by the Georgia State Board ofPharmacy.
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  • O.C.G.A. 16-13-72 (2010)
    16-13-72. Sale, distribution, or possession of dangerous drugs


    Except as provided for in this article, it shall be unlawful for any person, firm, corporation, or association to sell, give away, barter, exchange, distribute, or possess in this state any dangerous drug, except under the following conditions:

    (1) A drug manufacturer, wholesaler, distributor, or supplier holding a license or registration issued in accordance with the Federal Food, Drug, and Cosmetic Act and authorizing the holder to possess dangerous drugs may possess dangerous drugs within this state but may not distribute, sell, exchange, give away, or by any other means supply dangerous drugs without a permit issued by the State Board of Pharmacy. Any drug manufacturer, wholesaler, distributor, or supplier holding a permit issued by the State Board of Pharmacy may sell, give away, exchange, or distribute dangerous drugs within this state, but only to a pharmacy, pharmacist, a practitioner of the healing arts, and educational institutions licensed by the state, or to a drug wholesaler, distributor, or supplier, and only if such distribution is made in the normal course of employment;

    (2) A pharmacy may possess dangerous drugs, but the same shall not be sold, given away, bartered, exchanged, or distributed except by a licensed pharmacist in accordance with this article;

    (3) A pharmacist may possess dangerous drugs but may sell, give away, barter, exchange, or distribute the same only when he compounds or dispenses the same upon the prescription of a practitioner of the healing arts. No such prescription shall be refilled except upon the authorization of the practitioner who prescribed it;

    (4) A practitioner of the healing arts may possess dangerous drugs and may sell, give away, barter, exchange, or distribute the same in accordance with Code Section 16-13-74;

    (4.1) A physician in conformity with Code Section 43-34-23 may delegate to a nurse or a physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician assistants existing under other provisions of law;

    (4.2) A registered professional nurse licensed under Article 1 of Chapter 26 of Title 43 who is employed or engaged by a licensed home health agency may possess sterile saline, sterile water, and diluted heparin for use as intravenous maintenance for use in a home health setting, and such nurse may administer such items to patients of the home health agency upon the order of a licensed physician. The State Board of Pharmacy shall be authorized to adopt regulations governing the storage, quantity, use, and administration of such items; provided, however, nothing in this paragraph or in such regulations shall be construed to restrict any authority of nurses existing under other provisions of law;

    (4.3) Possession, planting, cultivation, growing, or harvesting of Salvia divinorum or Salvia divinorum A strictly for aesthetic, landscaping, or decorative purposes;

    (5) A manufacturer's sales representative may distribute a dangerous drug as a complimentary sample only upon the written request of a practitioner. The request must be made for each distribution and shall contain the names and addresses of the supplier and the requestor and the name and quantity of the specific dangerous drug requested. The written request shall be preserved by the manufacturer for a period of two years; and

    (6) Such person, firm, corporation, or association shall keep a complete and accurate record of all dangerous drugs received, purchased, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records for at least two years or in conformance with any other state or federal law or rule issued by the Georgia State Board of Pharmacy.

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