26-4-130. Dispensing drugs; compliance with labeling and packaging requirements; records available for inspection by board; renewal of licenses.

For purposes of this Code section, the term:#

1. (1)

   “Drugs” means drugs as defined in this chapter and controlled substances as defined in Article 2 of Chapter 13 of Title 16.#

2. (2)

   “Practitioner” or “practitioner of the healing arts” means, notwithstanding Code Section 26-4-5, a person licensed as a dentist, optometrist, physician, podiatrist, or veterinarian under Chapter 11, 30, 34, 35, or 50, respectively, of Title 43.#

Except as otherwise required pursuant to Code Section 26-4-86, the other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-23 shall have the meaning provided for such term in Code Section 43-34-23. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-23 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 43-34-23. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-23, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section.#

All practitioners who dispense drugs shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of Title 16.#

All practitioners who dispense drugs shall make all records required to be kept under subsection (c) of this Code section available for inspection by the board.#

Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner’s license to practice, that practitioner’s respective licensing board of that practitioner’s intention to dispense drugs. That licensing board shall notify the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The licensing board’s notification shall include the following information:#

1. (1)

   The name and address of the practitioner;#

2. (2)

   The state professional license number of the practitioner;#

3. (3)

   The practitioner’s Drug Enforcement Administration license number; and#

4. (4)

   The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained.#

The board shall have the authority to promulgate rules and regulations governing the dispensing of drugs pursuant to this Code section.#

This Code section shall not apply to practitioners who provide to their patients at no cost manufacturer’s samples of drugs.#