Bill Text: GA SB378 | 2011-2012 | Regular Session | Engrossed

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Bill Title: Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed - Dead) 2012-02-27 - House Second Readers [SB378 Detail]

Download: Georgia-2011-SB378-Engrossed.html

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12 LC 37 1389S (SCS)

Senate Bill 378

By: Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th, Bethel of the 54th and Jackson of the 2nd

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to revise a definition; to provide for certain changes to the definition of written prescriptions for dangerous drugs; to add to provisions concerning unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain laws; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising paragraph (23) of Code Section 16-13-21, relating to definitions, as follows:

"(23) 'Practitioner' means:

(A) A physician, dentist, pharmacist, podiatrist, scientific investigator, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state or any other state or territory in the United States to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state;

(C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25. For purposes of this chapter and Code Section 43-34-25, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or

(D) A physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities."

SECTION 2.

Said chapter is further amended by revising Code Section 16-13-74, relating to written prescriptions for dangerous drugs, content, and signature, as follows:

"16-13-74.

(a) All written prescription drug orders for dangerous drugs and controlled substances shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug or controlled substance may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the practitioner or the practitioner's agent and the nature of the practitioner's signature must meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs or controlled substances shall comply with the provisions of Code Section 16-13-73. This subsection shall not apply to prescription drug orders written for and administered to hospital patients.

(b) Any practitioner of the healing arts who fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 3.

Said chapter is further amended by revising Code Section 16-13-78.2, relating to possession, manufacture, delivery, distribution, or sale of counterfeit substances, as follows:

"16-13-78.2.

(a) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, sell, offer or attempt to sell, or possess with intent to distribute a drug that is marked as a drug sample, adulterated, or misbranded; or a counterfeit substance as defined by Code Section 16-13-21 or under the provisions of the Federal Food, Drug, and Cosmetic Act. Any person who violates this Code section shall be guilty of a misdemeanor felony and upon conviction thereof shall be punished by not less than five years imprisonment or by a fine not to exceed $100,000.00 or both.

(b) This Code section shall not apply to drug samples lawfully possessed by any practitioner or facility for distribution or dispensing to patients at no cost."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.