Ga. Comp. R. & Regs. R. 480-16-.03 - Return of Previously Dispensed Drugs or Devices

(1) It shall be unlawful, and a violation of these rules, for any licensed pharmacist or pharmacy licensed under O.C.G.A. 26-4 to accept for refund purposes, or otherwise, any unused portion of a drug which has been previously dispensed via a prescription drug order and delivered to the patient or patient's caregiver, except where permitted under state and/or federal law or regulation.

(a) Such receipt is deemed detrimental to the public health due to the likelihood that such drugs, once out of the control of the pharmacy, could have been tampered with, been adulterated, or become contaminated with communicable diseases and/or contagious diseases under the holder thereof;

(b) In addition, such receipt would tend to create a health problem if placed in stock and could be reused by any licensed pharmacist or pharmacy.

(2) Nothing in this Rule shall be meant to be in conflict with Board Rule 480-10-. 17, which allow a pharmacy to receive unused, manufacturer's unit-dose packaged drugs from a Medicaid patient residing in a long term care facility.

(3) Nothing in this Rule shall prohibit an authorized collector from collecting controlled substances for the purposes of destruction as authorized in the Secure and Responsible Drug Disposal Act of 2010 ("Disposal Act"), any regulations promulgated thereunder, and Ga. Comp. R. & Regs. c. 480-50.

Notes

Ga. Comp. R. & Regs. R. 480-16-.03

O.C.G.A. §§ 26-3-3, 26-4-27, 26-4-28, 26-4-60, 26-4-80, Pub. L. 111-273.

Original Rule entitled "Return of Previously Dispensed Drugs or Devices" adopted. F. Feb. 20, 2002; eff. Mar. 12, 2002. Amended: F. Jan. 20, 2016; eff. Feb. 9, 2016.