25 LC 52 0836S
The House Committee on Health offers the following substitute to SB 140:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 26 and Chapter 30 of Title 43 of the Official Code of Georgia1
Annotated, relating to pharmacists and pharmacies and optometrists, respectively, so as to2
provide for doctors of optometry to dispense and sell pharmaceutical agents to patients under3
certain conditions; to provide for a definition; to provide for compliance with certain rules4
and regulations of the State Board of Pharmacy; to provide for related matters; to provide for5
an effective date; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and9
pharmacies, is amended by revising paragraph (2) of subsection (a) of Code10
Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging11
requirements, records available for inspection by board, and renewal of licenses, as follows:12
"(2) 'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code13
Section 26-4-5, a person licensed as a dentist, optometrist, physician, podiatrist, or14
veterinarian under Chapter 11, 30, 34, 35, or 50, respectively, of Title 43." 15
S. B. 140 (SUB)
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SECTION 2.16
Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists,17
is amended by revising subparagraph (H) of paragraph (2) of Code Section 43-30-1, relating18
to definitions, as follows:19
"(H)(i) Nothing in this chapter shall be construed to allow a A doctor of optometry20
to shall be authorized to dispense and sell pharmaceutical agents, other than21
controlled substances, that are related to the treatment of diseases and conditions of22
the eye and adnexa oculi and are for a legitimate medical purpose to patients,23
provided that a doctor of optometry shall:24
(I) Be on the premises when any pharmaceutical agent is dispensed to a patient and25
be actively involved in the dispensing process;26
(II) Inform the patient on the appropriate use of the pharmaceutical agent being27
dispensed;28
(III) Document in the patient's record the name, strength, quantity, and appropriate29
use of the pharmaceutical agent dispensed;30
(IV) Maintain a readily retrievable record system by manual or electronic means31
of all the pharmaceutical agents purchased for administration, dispensing, or selling32
in the course of the professional practice; and33
(V) Comply with the requirements under Code Section 26-4-130 and the rules and34
regulations established pursuant thereto by the State Board of Pharmacy.35
(ii) Nothing in this subparagraph shall expand the administrative or prescriptive36
authority of a doctor of optometry."37
SECTION 3.38
Said chapter is further amended by revising subsection (a) of Code Section 43-30-13, relating39
to construction of chapter, as follows:40
S. B. 140 (SUB)
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"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly41
licensed to practice medicine, nor; to prevent persons from selling spectacles or eyeglasses42
on prescription from any duly qualified optometrist or physician, nor; to prevent any person43
from selling glasses as articles of merchandise or from using test cards in connection with44
the sale of such glasses at a permanently located place when not trafficking or attempting45
to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed46
or to authorize any registered optometrist to use, dispense, sell, prescribe, or administer47
drugs except as permitted by law or, to practice medicine or surgery in any manner as48
defined by the laws of this state; nor shall this chapter be construed to authorize any such49
person , or to use the title of 'M.D.' or any other title mentioned in Code50
Section 43-34-21 or 43-34-22."51
SECTION 4.52
This Act shall become effective upon its approval by the Governor or upon its becoming law53
without such approval.54
SECTION 5.55
All laws and parts of laws in conflict with this Act are repealed.56
S. B. 140 (SUB)
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