Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1309: Practitioners; clarify that all who dispense drugs are engaged in the practice of pharmacy and shall comply with all record keeping and other requirements
Last action March 3, 2026 · House Committee Favorably Reported By Substitute
A House committee substitute for HB 1309 would clarify that any practitioner who dispenses drugs in Georgia is engaged in the practice of pharmacy and must follow pharmacy record-keeping rules, and would expand physicians' ability to let advanced practice nurses and physician assistants dispense dangerous drugs.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia law already regulates who can dispense drugs and how, but this bill tightens and expands those rules. It amends O.C.G.A. § 26-4-130 so that any practitioner who dispenses drugs is treated as engaged in the practice of pharmacy and must follow the same record-keeping, labeling, packaging, and storage rules as pharmacists and pharmacies. It also gives the Georgia State Board of Pharmacy explicit authority to enforce, not just create, rules on drug dispensing. The bill also rewrites O.C.G.A. § 43-34-23, the law on physicians delegating authority to nurses and physician assistants. It adds a new pathway letting physicians delegate the authority to dispense dangerous drugs to advanced practice registered nurses and physician assistants, under a signed dispensing procedure and consistent with pharmacy board rules, while specifically barring delegation to dispense Schedule II controlled substances. It also updates several definitions and cross-references, including tying the definition of 'practitioner' to the existing definition in Code Section 26-4-5 and renaming references to the 'Georgia Registered Professional Nurse Practice Act.'
What the bill does
- Clarifies that all practitioners who dispense drugs are engaged in the practice of pharmacy and must follow pharmacy record-keeping, labeling, packaging, and storage requirements (O.C.G.A. § 26-4-130).
- Gives the Georgia State Board of Pharmacy explicit authority to enforce, in addition to create, rules and regulations on drug dispensing.
- Changes the legal definition of 'practitioner' or 'practitioner of the healing arts' to match the definition already used elsewhere in Code Section 26-4-5.
- Creates a new delegation pathway letting physicians authorize advanced practice registered nurses and physician assistants to dispense dangerous drugs under a signed dispensing procedure.
- Explicitly bars physicians from delegating authority to dispense Schedule II controlled substances.
- Updates definitions and renames statutory references, including formally naming the 'Georgia Registered Professional Nurse Practice Act.'
Who it affects
Georgia physicians, physician assistants, advanced practice registered nurses, dentists, optometrists, podiatrists, and veterinarians who dispense drugs; pharmacies and pharmacists whose record-keeping standards now extend to other practitioners; and the Georgia State Board of Pharmacy, which gains enforcement authority.
Why it matters
Practitioners who dispense drugs directly, rather than writing prescriptions filled by a pharmacy, would face the same paperwork and storage rules pharmacies follow, potentially changing daily office procedures. Patients could also see more advanced practice nurses and physician assistants authorized to dispense dangerous drugs directly under physician delegation.
Key provisions
- Section 1 revises O.C.G.A. § 26-4-130 to state that all practitioners who dispense drugs are engaged in the practice of pharmacy and must meet pharmacy record-keeping, labeling, packaging, and storage rules.
- Section 1 also updates the definition of 'practitioner' to match Code Section 26-4-5 and gives the pharmacy board power to enforce, not just make, dispensing rules.
- Section 2 rewrites O.C.G.A. § 43-34-23 to add a new subparagraph (C) and (D) allowing physicians to delegate dispensing of dangerous drugs to advanced practice registered nurses and physician assistants under a dispensing procedure.
- Section 2 specifies this new dispensing delegation cannot be used to allow dispensing of Schedule II drugs.
- Section 2 renames the reference to nursing law as the 'Georgia Registered Professional Nurse Practice Act' and updates several cross-referenced definitions.
- Section 3 repeals any conflicting laws.
From the bill
“All practitioners who dispense drugs shall be considered to be engaged in the practice of pharmacy and shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies”
“The authority to dispense dangerous drugs, in accordance with a dispensing procedure and the authority of an order issued in conformity with a nurse protocol or job description, if such advance practice registered nurse or physician assistant dispenses such dangerous drugs in conformity with subsection (b) of Code Section 26-4-130.”
“Nothing in this paragraph shall be construed to allow a physician to dispense Schedule II drugs.”
Discussed in meetings (4)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Health Committee, March 2, 2026
From 0:38:42 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute for HB 1309 would clarify that advanced practice nurses and physician assistants could dispense medicines from medical offices when a physician delegates that authority through a protocol or supervisory agreement. The sponsor said physicians already had limited dispensing authority and described the change as helpful in rural areas without pharmacies and for practices trying to ensure patients obtain prescribed medicines. The chair proposed an amendment clarifying that physicians could not dispense Schedule II drugs, citing past problems with pill mills. The sponsor supported the amendment and said a physician who could not dispense those drugs also could not delegate that authority. The committee adopted the amendment and approved the substitute as amended by voice votes.
House Rules Committee, March 4, 2026
From 1:47:07 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1309 would allow physicians to delegate medication dispensing to nurse practitioners and physician assistants. The presenter said current dispensing authority in medical practices was limited to physicians and described the change as a way to improve patients' medication compliance. No questions or decision followed.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Mark Newton (R, HD-127)
- Ron Stephens (R, HD-164)
- Darlene Taylor (R, HD-173)
- Debbie Buckner (D, HD-137)
Topics
- pharmacy regulation
- medical licensing
- nurse practitioners
- physician assistants
- prescription drugs