HB1309: HB1309 Practitioners; clarify that all who dispense drugs are engaged in the practice of pharmacy and shall comply with all record keeping and other requirements

Georgia law already regulates pharmacists' recordkeeping, labeling, packaging, and drug storage. This bill clarifies that any practitioner of the healing arts (dentists, optometrists, physicians, podiatrists, and veterinarians) who dispenses drugs directly to patients is legally considered to be practicing pharmacy, and must follow those same recordkeeping, labeling, packaging, and storage rules under Georgia's pharmacy law (O.C.G.A. Title 26, Chapter 4) and the Georgia Controlled Substances Act (O.C.G.A. Title 16, Chapter 13). It also gives the Georgia State Board of Pharmacy explicit authority to write and enforce rules covering how these practitioners dispense drugs. Separately, the bill amends the medical practice laws (O.C.G.A. § 43-34-23) governing when physicians can delegate authority to nurses and physician assistants. It updates and clarifies definitions used in that section and confirms that physicians can delegate the authority to dispense dangerous drugs specifically to advanced practice registered nurses recognized by the Georgia Board of Nursing, in addition to physician assistants, as long as a written dispensing procedure is followed. The bill repeals any conflicting laws and does not state a delayed effective date beyond the standard process.

• Declares that any practitioner of the healing arts who dispenses drugs, including dentists, optometrists, physicians, podiatrists, and veterinarians, is engaged in the practice of pharmacy for regulatory purposes.
• Requires those practitioners to follow the same recordkeeping, labeling, packaging, and drug storage rules that apply to pharmacists and pharmacies.
• Gives the Georgia State Board of Pharmacy explicit authority to write and enforce rules governing how practitioners dispense drugs.
• Updates definitions in the physician delegation law, including clarifying that physicians can delegate dispensing of dangerous drugs to advanced practice registered nurses, not just physician assistants.
• Confirms that a physician cannot delegate authority to dispense Schedule II controlled substances.

The bill affects licensed dentists, optometrists, physicians, podiatrists, and veterinarians who dispense drugs directly to patients, as well as physician assistants and advanced practice registered nurses who receive delegated authority to dispense drugs, and the Georgia State Board of Pharmacy, which gains enforcement power.

Practitioners outside pharmacy who hand out medications directly, rather than writing a prescription filled elsewhere, would face pharmacy-style recordkeeping and storage obligations, and could be inspected or disciplined by the Board of Pharmacy. Advanced practice nurses would gain clearer legal footing to dispense dangerous drugs under physician delegation.

• Section 1 revises O.C.G.A. § 26-4-130 so that all practitioners who dispense drugs, as defined by reference to O.C.G.A. § 26-4-5, are treated as engaged in the practice of pharmacy.
• Section 1 requires those practitioners to comply with recordkeeping, labeling, packaging, and storage rules under Title 26, Chapter 4 and Title 16, Chapter 13 (the Georgia Controlled Substances Act).
• Section 1 gives the Georgia State Board of Pharmacy authority to promulgate and enforce rules governing drug dispensing by these practitioners.
• Section 2 revises O.C.G.A. § 43-34-23 to update definitions such as 'dispense,' 'nurse,' and 'nurse protocol,' and clarifies delegation authority for physician assistants and advanced practice registered nurses.
• Section 2 confirms physicians may delegate authority to dispense dangerous drugs to advanced practice registered nurses recognized by the Georgia Board of Nursing, following a written dispensing procedure, but not Schedule II drugs.
• Section 3 repeals any laws that conflict with the Act.

1. 2026-03-03House Committee Favorably Reported By Substitute (House)
2. 2026-02-18House Second Readers (House)
3. 2026-02-17House First Readers (House)
4. 2026-02-12House Hopper (House)

• Mark Newton (R, HD-127)Primary sponsor
• Ron Stephens (R, HD-164)
• Darlene Taylor (R, HD-173)
• Debbie Buckner (D, HD-137)

• pharmacy regulation
• medical licensing
• prescription drug dispensing
• nurse practitioners
• physician assistants