Rule 480-27-.10 - Other Considerations(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 pharmacy.(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.(4) In 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 patient;(b) A subpoena or court order signed and issued by a government official or court;(c) Any other person as authorized by O.C.G.A. § 26-4-80(d) 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 telephone number.(5) 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 regulations.(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 signatures.(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. R. 480-27-.10
O.C.G.A. Secs. 16-13-34, 16-13-39, 26-4-5, 26-4-27, 26-4-28, 26-4-60, 26-4-80, 43-1-19, 42 C.F.R. Part 423 .
Original Rule entitled "Other Considerations" adopted. F. July 24, 2002; eff. August 13, 2002.Repealed: New Rule of same title adopted. F. Aug. 18, 2006; eff. Sept. 7, 2006.