(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.
(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);
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.
(d) Licenses
become null and void upon the sale, transfer or change of mode of
operation.
(e) 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.
(f) Changes in any
information in this rule shall be submitted to the Board prior to such change.
Change of ownership and change of location notification must be made via the
formal application process. If application is for change of location only, then
a new license number will not be required.
(g) 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.
(h) 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.