Ga. Comp. R. & Regs. R. 480-10-.06 - Licensure, Applications, and Display of License and Renewal Certificate

(1) Licensure and Applications

(a) Every retail pharmacy must be licensed by the Board in accordance with the laws and regulations of this State. As used in these rules, a "retail pharmacy" shall mean all pharmacies, except hospital, clinic, prison, and specialty pharmacies, located in this state where pharmacy is practiced as defined in O.C.G.A. §§ 26-4-4 and 26-4-5, and shall mean every pharmacy benefit manager, as defined in O.C.G.A. § 26-4-110.1, providing services or benefits in this State that constitute the practice of pharmacy as defined in O.C.G.A. § 26-4-4.

(b) All retail pharmacies shall renew biennially by June 30th of the odd-numbered years with the Georgia State Board of Pharmacy; certificates of registration shall be issued only to those retail pharmacies who comply with this rule.

(c) Certificates of registration shall be issued only to those retail pharmacies who meet the following requirements:

1. Submission of an application with the following information:

i. The name, full business address, and telephone number of the licensee;

ii. All trade or business names used by the licensee;

iii. Address, telephone number, and the name of the Pharmacist in Charge;

iv. The type of ownership or operations (i.e., partnership, corporation, or sole proprietorship); and

v. The name(s) of the owner and/or operator of the licensee, including:

(I) If a person, the name of the person;

(II) If a partnership, the name of the partnership and the name of each partner;

(III) If a sole proprietorship, the full name of the sole proprietorship and the name of the business entity; or

(IV) If a corporation, the corporate name, the name and title of each corporate officer and director, the state of incorporation; and the name of the parent company, if any.

vi. Where operations are conducted at more than one location by a single retail pharmacy, each such location shall be licensed by the Board.

2. Payment of an application fee. Application fees shall not be refundable.

3. Filing a report from the Director of the Georgia Drugs and Narcotics Agency (GDNA) certifying the applicant possesses the necessary qualifications for a license.

(c) Licenses become null and void upon the sale, transfer or change of mode of operation or location of the business.

(d) Licenses are renewed for two year periods and expire on June 30th of each odd numbered year and may be renewed upon the payment of the required fee for each place of business and the filing of an application for renewal. If the application for renewal is not made and the fee paid before September 1st, of the odd numbered year, the license shall lapse and shall not be renewed except by application for a new license.

(e) Changes in any information in this rule shall be submitted to the Board prior to such change.

(f) The Board will consider the following factors in determining eligibility for licensure of applicants in charge of the facility who are applying for a retail pharmacy license:

1. Any convictions of the applicant under any Federal, State, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances;

2. Any felony convictions of the applicant under Federal, State, or local laws;

3. The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;

4. Suspension or revocation by Federal, State, or local government of any pharmacist, pharmacy or other health care license currently or previously held by the applicant;

5. Compliance with licensing requirements under previously granted licenses, if any;

6. Compliance with requirements to maintain and/or make available to the State Licensing Authority or to Federal, State, or local law enforcement officials, those records required to be maintained by retail pharmacies; and

7. Other factors or qualifications the Board considers relevant to and consistent with the public health and safety.

(g) The Board reserves the right to deny a license to an applicant if it determines that the granting of such a license would not be in the best interest of the public.

(2) The pharmacist's wall certificate issued by the Georgia State Board of Pharmacy (Board), along with the current renewal license of each full-time Pharmacist, employed at the pharmacy, shall be displayed in a conspicuous place, near the prescription department where such pharmacist is actively engaged in the practice of Pharmacy;

(a) While employed in a pharmacy on a full-time basis, if a pharmacist has not yet received their Board issued Pharmacist Wall Certificate, in its place such pharmacist shall post a copy of their current Board issued pocket license card;

(b) Any pharmacist employed on a part-time basis at a pharmacy shall post a copy of their current Board issued pocket license instead of posting their Pharmacist Wall Certificate; and

(c) Any pharmacist employed as a relief or "prn" pharmacist need not post any type of Board issued license, but such pharmacist must maintain and present upon request their current Board issued pocket license.

(3) Any letter(s) from the Board which have granted a licensee any exception(s) and/or exemption(s) from this, or any other rule, must be posted and/or displayed next to the current Board of Pharmacy renewal permit; and

(4) No pharmacist or intern/extern shall display his or her license in any pharmacy where he or she is not employed or engaged in the practice of pharmacy, and shall not knowingly permit any other person to use his or her license for the purpose of misleading anyone to believe that such person is the holder or recipient of said license or intern certificate.

(5) Every pharmacy benefit manager providing services or benefits in this state which constitutes the practice of pharmacy as defined in Code Section 26-4-4 shall be licensed as a retail pharmacy in this state and shall comply with the provisions of 26-4-110 as required under 26-4-110.1(b).

Notes

Ga. Comp. R. & Regs. R. 480-10-.06

O.C.G.A. Secs. 16-13-35, 16-13-37, 26-4-27, 26-4-28, 26-4-110, 26-4-111, 26-4-113.

Original Rule entitled "Display of License and Renewal Certificate" adopted. F. Oct. 6, 1970; eff. Oct. 26, 1970. Repealed: New Rule entitled "Licensure, Applications, and Display of License and Renewal Certificate" adopted. F. Mar. 5, 2003; eff. Mar. 25, 2003. Amended: F. May 1, 2003; eff. May 21, 2003.