Rule 360-34-.10 - Penalties(1) The Board may impose a fine of up to $2,500 against any pharmacist or nurse who knowingly: (a) Fails to maintain individual liability insurance or fails to be individually covered by his/her employer in an amount not less than $250,000 to cover claims arising from the administration of vaccines;(b) Fails to provide proof of such coverage to the physician entering into the vaccine protocol agreement; or(c) Fails to maintain a copy of the proof of insurance onsite at the primary location.(d) Administers a vaccine without a vaccine protocol agreement.(2) The Board may impose the following sanctions against a pharmacist or nurse who fails to provide a legible immunization card to a vaccine recipient as provided by law:(a) Upon the first violation, the issuance of a warning;(b) Upon the second violation, a fine up to $500; and(c) Upon a third or subsequent violation, the Board may prohibit the pharmacist or nurse from administering vaccines for a period up to one year.(3) The Board may impose the following sanctions against a pharmacist or nurse who knowingly fails to post the vaccine protocol agreement as provided by law:(a) Upon the first or second violation, the issuance of a warning; and(b) Upon the third or subsequent violation, the Board may prohibit the pharmacist or nurse from administering vaccines for a period up to six months.(4) The Board may impose a fine of up to $2,500 and may prohibit a pharmacist or nurse from administering vaccines for up to one year if the pharmacist or nurse knowingly administers a vaccine without a vaccine protocol agreement as required by O.C.G.A. Section 43-34-26.1 and filed with the Board.(5) Sanctions imposed pursuant to this Chapter shall not be contested cases. The Board shall issue a citation with the identified offense and the sanction, including when any fine is due, which citation shall be mailed to the pharmacist's or nurse's address of record with the appropriate licensing board. A pharmacist or nurse may request an appearance before the Board to contest the finding or sanction within thirty (30) days after the issuance of the sanction. Failure to request an appearance or pay any fine imposes shall be considered a violation of a lawful order of the Board. If an appearance is requested, the Board shall schedule the appearance, and thereafter issue a decision on the imposition of sanctions.(6) Nothing in this rule prevents the Board from forwarding any investigation to the professional licensing board of the licensed pharmacist or nurse for further disciplinary action.(7) Nothing in this chapter shall be construed to limit the authority of the Board to take disciplinary action against any physician who is a party to a vaccine protocol agreement for a violation of the law and rules.Ga. Comp. R. & Regs. R. 360-34-.10
O.C.G.A. §§ 43-34-5, 43-34-26.1.
Original Rule entitled "Penalties" adopted. F. Sep. 14, 2015; eff. Oct. 4, 2015.Repealed: New Rule of same title adopted. F. Dec. 20, 2015; eff. Jan. 9, 2016.