(1) All prescription drug orders lawfully
authorized to be received via facsimile or other electronic means are allowed
to serve as the original prescription drug order for the receiving
(2) No person or firm
licensed under O.C.G.A. Title 26, Chapter 4 (the Georgia Pharmacy Practice Act)
nor any other entity shall be permitted to provide facsimile machines or
equipment, computer software, technology hardware, digital or electronic
prescription drug order systems or supplies related to the transmission of
prescription drug orders by electronic means to any practitioner which
restricts such practitioner from issuing prescription drug orders for certain
prescription drugs or restricts a patient from choosing the retail pharmacy to
which an electronic prescription drug order maybe transmitted.
(3) A pharmacist or a pharmacy owner and/or
manager that participates in any process which restricts the patient's freedom
of choice is considered to have engaged in unprofessional conduct as defined by
the Board's Rules.
compliance with O.C.G.A. Title 26, Chapter 4, no pharmacy or pharmacist may
surrender copies of any patient's prescription drug order information or
patient profile except under the following conditions:
(a) Written authority from the patient, the
patient's caretaker, or a person with power of attorney for the
(b) A subpoena or court
order signed and issued by a government official or court;
(c) Any other person as authorized by
to have access to the prescription; or
(d) A forged prescription drug order. Such
forged prescription is considered evidence of a crime and should be surrendered
to the proper law enforcement authority investigating such forgery. When
turning over a forged prescription drug order to law enforcement officers, the
officer should provide the pharmacy with a signed photocopy of the forged
prescription drug order along with the name of the officer, his/her agency and
The receipt of, maintenance of, and dispensing pursuant to digital and
electronic prescription drug orders in any manner other than as set forth in
this chapter shall be considered a violation of the Board rules and
(6) Nothing in this
rule is meant to supercede any U.S. Drug Enforcement Administration (DEA) laws
or rules concerning the legality of transmission of or dispensing of controlled
substance prescription drug orders bearing electronic or digital
(7) Nothing in this
rule is meant to restrict compliance with e-prescribing as permitted under the
Medicare Prescription Drug Improvement and Modernization Act of 2003.
Ga. Comp. R. & Regs.
42 C.F.R. Part 423.
Original Rule entitled
"Other Considerations" adopted. F. July 24,
2002; eff. August 13, 2002.
New Rule of same title adopted. F. Aug. 18,
2006; eff. Sept. 7, 2006.