Section 26-4-82 - Duties requiring professional judgment; responsibilities of licensed pharmacist(a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment.(b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.(c) In the dispensing of all prescription drug orders:(1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;(2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;(3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;(4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and(5) Pharmacy technicians in the dispensing area shall be easily identifiable.(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of four pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital or in a closed-door pharmacy. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state or a specific closed-door pharmacy. At any time during which the pharmacist directly supervises four or more pharmacy technicians, two of such technicians must be certified. At any time during which the pharmacist directly supervises three pharmacy technicians, one of such technicians must be certified. No certification is required for pharmacy technicians in pharmacies at any time during which the pharmacist directly supervises one or two pharmacy technicians. In order to be certified, pharmacy technicians must:(1) Have successfully passed a certification program approved by the board of pharmacy;(2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or(3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy. As used in this subsection, the term "closed-door pharmacy" means a pharmacy that provides specialized services and is not open to the general public.
(e) In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.Amended by 2024 Ga. Laws 473,§ 1-1, eff. 4/23/2024.Amended by 2021 Ga. Laws 19,§ 1, eff. 7/1/2021.Amended by 2007 Ga. Laws 130,§ 2, eff. 5/18/2007.Amended by 2002 Ga. Laws 1000, § 1, eff. 7/1/2002.