Georgia Code
Article 5 - Prescription Drugs
§ 26-4-80. License Required for Practice of Pharmacy; Dispensing of Prescription Drugs; Prescription Drug Orders; Electronically Transmitted Drug Orders; Refills; Schedule Ii Controlled Substance Prescriptions

This paragraph shall apply to refills purchased through retail pharmacies and mail order sources.
(A) The prescription is not for a Schedule II controlled substance as set out in Code Section 16-13-26;
(B) In the pharmacist’s professional judgment, the prescription is essential to the maintenance of life or to the continuation of therapy for a chronic condition;
(C) In the pharmacist’s professional judgment, the interruption of such therapy might reasonably produce undesirable health consequences or cause physical or mental discomfort;
(D) The dispensing pharmacist creates and signs a written order containing all of the prescription information required by this article and by Chapter 13 of Title 16; and
History. Code 1981, § 26-4-80 , enacted by Ga. L. 1998, p. 686, § 1; Ga. L. 1999, p. 81, § 26; Ga. L. 2004, p. 738, §§ 4, 5; Ga. L. 2006, p. 444, § 2/HB 246; Ga. L. 2009, p. 859, § 3/HB 509; Ga. L. 2011, p. 99, § 39/HB 24; Ga. L. 2011, p. 308, § 7/HB 457; Ga. L. 2011, p. 659, § 4/SB 36; Ga. L. 2012, p. 1092, § 1B/SB 346; Ga. L. 2013, p. 127, § 3/HB 209; Ga. L. 2013, p. 141, § 26/HB 79; Ga. L. 2013, p. 736, § 1/SB 216; Ga. L. 2015, p. 585, § 3/SB 194; Ga. L. 2017, p. 764, § 3-1/SB 193; Ga. L. 2018, p. 132, § 2/HB 769; Ga. L. 2020, p. 802, § 4/SB 391; Ga. L. 2020, p. 805, § 4/HB 791.
The 2012 amendment, effective July 1, 2012, designated the existing provisions of paragraph (c)(7) as subparagraph (c)(7)(A); deleted “which may provide specific exceptions” following “rules and regulations” in subparagraph (c)(7)(A); and added subparagraphs (c)(7)(B) through (c)(7)(D).
The 2013 amendments.
The first 2013 amendment, effective July 1, 2013, added the third and fourth sentences in subsection (b); substituted “within 24 hours;” for “within 16 hours; or” in division (c)(7)(B)(i); in division (c)(7)(B)(ii), substituted “At least” for “When at least” at the beginning, and added “; or” at the end; and added division (c)(7)(B)(iii). The second 2013 amendment, effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, substituted “such transmission” for “the said transmission” in the first sentence of paragraph (c)(5), substituted “pharmacist who transmits” for “pharmacist that transmits” in paragraph (c)(6), and revised language in subparagraph (c)(7)(C). The third 2013 amendment, effective May 6, 2013, substituted “24 hours” for “16 hours; or” at the end of division (c)(7)(B)(i); in division (c)(7)(B)(ii), substituted “At least” for “When at least” at the beginning, and added “; or” at the end; and added division (c)(7)(B)(iii).
The 2015 amendment, effective July 1, 2015, designated the previously existing provisions of subsection (f) as paragraph (f)(1), and, in the second sentence of that paragraph, substituted “practitioner” for “prescriber”; and added paragraph (f)(2).
The 2017 amendment, effective July 1, 2017, added “, unless the prescription drug order is prescribed pursuant to expedited partner therapy in accordance with Code Section 31-17-7.1 for use by a sexual partner of a patient clinically diagnosed with chlamydia or gonorrhea, in which case, the name and address of such sexual partner of the patient” to subparagraph (c)(2)(D).
The 2018 amendment, effective July 1, 2018, added “or the next business day” at the end of division (c)(7)(B)(i); deleted “pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy” following “hospital” in division (c)(7)(B)(ii); and substituted “in another hospital” for “in a hospital” near the middle of division (c)(7)(B)(iii).
The 2020 amendments.
The first 2020 amendment, effective August 5, 2020, added the last sentence in paragraph (f)(1), and added subparagraphs (f)(1)(A) through (f)(1)(E). The second 2020 amendment, effective August 5, 2020, added the last sentence in paragraph (f)(1); added subparagraphs (f)(1)(A) through (f)(1)(E); and added subsection (q).
Cross references.
Insurer obligations for early prescription refills during emergencies, § 33-24-59.28 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “pharmacist or pharmacy intern” was substituted for “pharmacist, pharmacy intern,” and “or via an” was substituted for “or an” in the first sentence of subsection (c).
Pursuant to Code Section 28-9-5 , in 2013, the amendment of subdivision (c)(7)(B) of this Code section by Ga. L. 2013, p. 127, § 3/HB 209, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 736, § 1/SB 216, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974), and Ga. L. 2013, p. 141, § 54(d)/HB 79.
Editor’s notes.
Ga. L. 2004, p. 738, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Patient Safe Prescription Drug Act.’ ”
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Ga. L. 2017, p. 764, § 1-1/SB 193, not codified by the General Assembly, provides that: “The General Assembly finds that:
“(1) Untreated chlamydial infection has been linked to problems during pregnancy, including preterm labor, premature rupture of membranes, and low birth weight. The newborn may also become infected during delivery as the baby passes through the birth canal. Exposed newborns can develop eye and lung infections; and
“(2) Untreated gonococcal infection in pregnancy has been linked to miscarriages, premature birth and low birth weight, premature rupture of membranes, and chorioamnionitis. Gonorrhea can also infect an infant during delivery as the infant passes through the birth canal. If untreated, infants can develop eye infections.”
Ga. L. 2020, p. 802, § 1/SB 391 and Ga. L. 2020, p. 805, § 1/HB 791, not codified by the General Assembly, provide that: “This Act shall be known and may be cited as the ‘Early Prescription Refills During Emergencies Act.’ ”
Ga. L. 2020, p. 802, § 1/SB 391 and Ga. L. 2020, p. 805, § 1/HB 791, not codified by the General Assembly, provide that: “The General Assembly finds that:
“(1) Prescription drug medications may be essential to the maintenance of life or the continuation of therapy for a Georgian with a chronic health condition;
“(2) During times of natural disaster, many Georgians experience significant delays obtaining necessary prescription medication refills; and
“(3) Delays in obtaining such medication may result in serious, undesirable health consequences.”
Law reviews.
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 269 (2011).