Levy Pruett Cullen represents Georgia pharmacists, pharmacies, and pharmaceutical companies with regulatory and licensing issues in the State of Georgia. We also represent those seeking licensure in the State of Georgia.

Pharmacy law is very complicated because the laws and rules regulating pharmacy practice are set forth in federal and state laws and regulations. These laws and rules are spread through several code sections, and several agencies are involved in the regulation of pharmacy practices. Levy Pruett Cullen has worked extensively with the Georgia Board of Pharmacy, with Georgia Drugs and Narcotics, and with the Drug Enforcement Agency to resolve numerous cases involving pharmacists and pharmacies as well as pharmaceutical companies. These cases have been involved with misfiled prescriptions, compounding errors, pharmacies failing investigative audits, and we have also worked with license application issues, as well as other pharmacy violations. We have worked closely with these agencies over the course of many years and are well aware how best to defend and resolve your issues.

We can defend your pharmacy practice or assist you in applying for licensure here in the State of Georgia and we work for the best effective way possible to represent you.

There are three public policy goals the Georgia Pharmacy Association has identified for 2016, based on responses to a questionnaire given by member pharmacists. Those three areas include (1) changes to Georgia's prescription drug monitoring program, (2) clarifying the role of the pharmacist to patients taking legal cannabis oil in Georgia, and (3) defining the term "direct supervision" in reference to pharmacy technicians.

1. Georgia's Prescription Drug Monitoring Program

In 2011, Georgia became one of the last states in the nation to implement a prescription drug monitoring program (PDMP) as part of the Patient Safety Act. While the program has already helped tremendously in several areas, and addiction rates to lortab, oxycodone, and hydrocodone have dramatically decreased over the past five years, there are other areas in which the PDMP requires critical overhaul. It is particularly addled by funding concerns, limitations on access, and open communications.

a. Funding Issues

The PDMP was initially funded in 2013 through a $400,000 grant from the Bureau of Justice Assistance, so there was no cost to the state of Georgia. Through lean budgeting and a small staff, that money was made to last through September of 2015. The Georgia legislature did approve an additional $250,000 in funding in March of 2015 to keep the PDMP operational, but what happens when that funding runs out? The Georgia Pharmacy Association favors a permanent solution of state funding of $200,000 to $250,000 annually, rather than federal funding through the Bureau of Justice Assistance, which comes with federal reporting requirements.

b. Access Limitations

Currently, only pharmacists are required to enter Schedule II prescriptions into PDMP; accessing the system is voluntary for physicians. This means that patients are still falling through the cracks. The Georgia Pharmacy Association advocates allowing both doctors and pharmacists to delegate responsibility for entering prescriptions into the PDMP, not allowed under the current version of the law.

c. Communication Problems

Georgia law prevents pharmacists and doctors from communicating without court order; this works as a detriment to the goal of identifying those with drug seeking behavior. At the time the law was passed, lawmakers were very concerned with patient privacy issues. Neighboring states allow doctors and pharmacists to see patient records across state lines; the Georgia Pharmacy Association will urge Georgia to do the same by building interoperability into the PDMP.

2. The Role of Georgia Pharmacists with Cannabis Oil

While still illegal under federal law, it is now legal for some Georgia residents to possess cannabis oil. However, there is not currently any role for the pharmacist regarding patients taking cannabis oil. The Georgia Pharmacy Association advocates pharmacist involvement, not pharmacy employment. This means that instead of suggesting cannabis oil be sold through existing pharmacies, will advocate a position that all those who sell cannabis oil in Georgia must employ a pharmacist, to review the use of cannabis oil after reviewing the patient's medication profile, advising on side effects and contraindications, and ongoing monitoring for effectiveness.

3. Supervision of Pharmacy Technicians

The final area of legislative focus for the Georgia Pharmacy Association relates to the supervision of pharmacy technicians. Georgia law requires that pharmacists be present and personally supervise the activities of technicians at all times. A strict interpretation of these laws really makes the supervision laws impossible to comply with, so the Association will be looking to revise the language of the existing laws to allow pharmacists to perform the core functions of their jobs without breaking the law.

CONCLUSION

While those are the three legislative priorities outlined this year by the Georgia Pharmacy Association, they are also continuing to work towards longer term goals, the most important being the continued pursuit of full health care provider status for Georgia pharmacists; with a focus on medically underserved communities. Another long-term focus of the Association is the prior authorization requirements of some insurance companies before a new prescription can be filled; particularly with Medicaid patients. The Association will pursue the implementation of real-time prior authorization systems, so there are no lapses in patient medication. The Georgia Pharmacy Association identifies collaborative practice agreements as a third long term goal, and particularly some clarifications in the language of the rules related to immunization expansion.

With those short term and long term goals identified for 2016, it looks to be one with many positive changes for pharmacists on the horizon. If you are a licensed pharmacist in Georgia and would like more information on Georgia law governing pharmacists, contact the experienced healthcare attorneys at Levy Pruett Cullent today.

Prescription narcotic drug abuse is on the rise in Georgia. Sadly, three-quarters of the accidental drug-related deaths in Georgia were from prescription drug overdose, according to a report from The Georgia Bureau of Investigation's Medical Examiner Office. The narcotics are almost always obtained with a prescription.

Identifying patients that exhibit drug-seeking behavior has become a major issue for medical professionals. Likewise, prescription theft is also on the rise, and pharmacists should be vigilant for this method of drug acquisition.

Simply stated, a prescription does not mean a pharmacist is clear.

Federal law states that "The responsibility for the proper prescribing and dispensing of controlled substances is upon the practitioner, bit a corresponding responsibility rests with the pharmacist who fills the prescription." Title 21, Code of Federal Regulations, §1306.04(a)).

In short, you as a pharmacist are responsible. You could be charged with a felony count of "knowingly and intentionally distributing controlled substances" in an illegal manner.

To this end, it is important to know that you are not required to fill a prescription of "doubtful, questionable or suspicious origin." (DEA rule) The Texas pharmacy board has this brochure that explains your rights in more detail under federal regulation and law.

Also, here are a few tips to help you stay vigilant:

• Do you know the person getting the prescription? Do you know the person picking it up?
• Does the person request early refills?
• Is the person getting prescriptions from several medical care providers?
• Is the person getting the prescription local or from a long way off?
• Is the health care provider sending in an unusual number of narcotics prescriptions?
• Does the prescription come from a long distance from the pharmacy?

No doubt you can come up with some other telltale indicators of possible abuse.

As part of the education effort, the Georgia Pharmacy Foundation has joined forces with other groups to support the Medical Association of Georgia's Think About It Campaign at rxdrugabuse.org.

Advise your customers about approved disposal locations for expired medications. You can get a list of drop points at police and sheriff's departments across the state at http://www.stoprxabuseinga.org/.

The ramifications of prescription drug abuse are wide ranging and, as a pharmacist, you play an important role in preventing drug abuse. Also, as the state and federal government struggle to find ways to slow the flow of prescription drugs to abusers, it is important to stay abreast of current laws and regulation to ensure that you remain compliant.