Little Health Law Blog
Our healthcare and business law firm advises many medical practices on compliance matters. One question our clients often ask us is how a medical practice can properly dispense medications to its patients. Dispensing is distinct from administering medication. To administer, the practitioner gives the dose of the drug to the patient. To dispense, the practice issues the drug to the patient for the patient to administer at a later time. There are state and federal considerations before dispensing drugs to patients, which may differ if the practice dispenses controlled substances. This post discusses some considerations before dispensing dangerous drugs (non-controlled substances) in Georgia. If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.
Consideration 1: How Can a Physician Properly Dispense Drugs to Patients in Georgia?
Businesses that store and dispense drugs need to comply with the Pharmacy board’s storage, record keeping, and dispensing rules. The Board of Pharmacy permits practitioners to dispense drugs to their patients under Ga. R. & Regs. § 480-28. Each practitioner who intends to dispense drugs must notify his/her licensing boards of his/her desire to dispense, and the licensing board will inform the pharmacy board. The licensing board’s notice to the pharmacy board will include:
(a) The name and address of the practitioner;
(b) The state professional license number of the practitioner;
(c) The practitioner’s Drug Enforcement Administration license number; and
(d) The complete name and address of the office or facility from which drugs shall be dispensed and the complete address where all records pertaining to such drugs shall be maintained.
The practitioner and facility must comply with the storage, record-keeping, labeling, packaging, and loss reporting contained with the Georgia Pharmacy Board rules. “A practitioner shall write a prescription drug order for each drug dispense” and the specifications for each prescription are contained within Ga. R. & Regs. § 480-28-0.4.
Note, there are additional rules that apply to dispensing controlled substances, which this post does not specifically cover.
Consideration 2: Can a Mid-Level Provider Dispense to Patients in Georgia?
Under Georgia R. & Regs. § 480-28, “practitioner” is defined as “a person licensed as a dentist, physician, podiatrist or veterinarian . . . .” That leads to the question of whether mid-level providers, specifically nurse practitioners or physician assistants, may dispense to their patients in Georgia.
Under O.C.G.A. § 43-34-23, physicians can delegate to mid-level providers the ability to dispense drugs, but only in very specific work settings (such as a mid-level provider who works for the department of health or a non-profit organization (see O.C.G.A. 43-34-23(b)(2), (3)). If those situations are not relevant, only a physician may dispense from the practice.
According to a statement from the Georgia Medical Board in December of 2024, “It is the physician’s responsibility to ensure they have reported to the Georgia Composite Medical Board that they intend to dispense from their office and that they and their PA/APRN are in full compliance with O.C.G.A. § 26-4-130, Board of Pharmacy Rule Chapter 480-28 Practitioner Dispensing of Drugs, and O.C.G.A. § 43-34-23.”
If you would like to discuss compliance considerations for your medical practice, you may contact our healthcare and business law firm at (404) 685-1662 (Atlanta) or (706) 722-7886 (Augusta), or by email, info@littlehealthlaw.com. You may also learn more about our law firm by visiting www.littlehealthlaw.com.