Georgia 2025-2026 Regular Session

Georgia Senate Bill SB140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 52 0836S
2		-	Senate Bill 140
3		-	By: Senators Dolezal of the 27th, Brass of the 6th, Harbison of the 15th, Still of the 48th,
4		-	Hickman of the 4th and others
5		-	AS PASSED
	2	+	The House Committee on Health offers the following substitute to SB 140:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Chapter 4 of Title 26 and Chapter 30 of Title 43 of the Official Code of Georgia
9		-	1
	5	+	To amend Chapter 4 of Title 26 and Chapter 30 of Title 43 of the Official Code of Georgia1
10	6		Annotated, relating to pharmacists and pharmacies and optometrists, respectively, so as to2
11	7		provide for doctors of optometry to dispense and sell pharmaceutical agents to patients under3
12	8		certain conditions; to provide for a definition; to provide for compliance with certain rules4
13	9		and regulations of the State Board of Pharmacy; to provide for related matters; to provide for5
14	10		an effective date; to repeal conflicting laws; and for other purposes.6
15	11		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
16	12		SECTION 1.8
17	13		Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and9
18	14		pharmacies, is amended by revising paragraph (2) of subsection (a) of Code10
19	15		Section 26-4-130, relating to dispensing drugs, compliance with labeling and packaging11
20	16		requirements, records available for inspection by board, and renewal of licenses, as follows:12
21	17		"(2) 'Practitioner' or 'practitioner of the healing arts' means, notwithstanding Code13
22		-	Section 26-4-5, a person licensed as a dentist, optometrist,
23		-	physician, podiatrist, or14
	18	+	Section 26-4-5, a person licensed as a dentist, optometrist, physician, podiatrist, or14
24	19		veterinarian under Chapter 11, 30, 34, 35, or 50, respectively, of Title 43." 15
25		-	S. B. 140
	20	+	S. B. 140 (SUB)
26	21		- 1 - 25 LC 52 0836S
27		-	SECTION 2.
28		-	16
	22	+	SECTION 2.16
29	23		Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists,17
30	24		is amended by revising subparagraph (H) of paragraph (2) of Code Section 43-30-1, relating18
31	25		to definitions, as follows:19
32		-	"(H)(i)
33		-	Nothing in this chapter shall be construed to allow a A doctor of optometry20
	26	+	"(H)(i) Nothing in this chapter shall be construed to allow a A doctor of optometry20
34	27		to shall be authorized to dispense and sell pharmaceutical agents, other than21
35	28		controlled substances, that are related to the treatment of diseases and conditions of22
36	29		the eye and adnexa oculi and are for a legitimate medical purpose to patients,23
37	30		provided that a doctor of optometry shall:24
38	31		(I) Be on the premises when any pharmaceutical agent is dispensed to a patient and25
39	32		be actively involved in the dispensing process;26
40	33		(II) Inform the patient on the appropriate use of the pharmaceutical agent being27
41	34		dispensed;28
42	35		(III) Document in the patient's record the name, strength, quantity, and appropriate29
43	36		use of the pharmaceutical agent dispensed;30
44	37		(IV) Maintain a readily retrievable record system by manual or electronic means31
45	38		of all the pharmaceutical agents purchased for administration, dispensing, or selling32
46	39		in the course of the professional practice; and33
47	40		(V) Comply with the requirements under Code Section 26-4-130 and the rules and34
48	41		regulations established pursuant thereto by the State Board of Pharmacy.35
49	42		(ii) Nothing in this subparagraph shall expand the administrative or prescriptive36
50	43		authority of a doctor of optometry."37
51	44		SECTION 3.38
52	45		Said chapter is further amended by revising subsection (a) of Code Section 43-30-13, relating39
53	46		to construction of chapter, as follows:40
54		-	S. B. 140
	47	+	S. B. 140 (SUB)
55	48		- 2 - 25 LC 52 0836S
56		-	"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly
57		-	41
58		-	licensed to practice medicine, nor
59		-	; to prevent persons from selling spectacles or eyeglasses42
	49	+	"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly41
	50	+	licensed to practice medicine, nor; to prevent persons from selling spectacles or eyeglasses42
60	51		on prescription from any duly qualified optometrist or physician, nor; to prevent any person43
61	52		from selling glasses as articles of merchandise or from using test cards in connection with44
62	53		the sale of such glasses at a permanently located place when not trafficking or attempting45
63	54		to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed46
64	55		or to authorize any registered optometrist to use, dispense, sell, prescribe, or administer47
65	56		drugs except as permitted by law or, to practice medicine or surgery in any manner as48
66	57		defined by the laws of this state; nor shall this chapter be construed to authorize any such49
67	58		person , or to use the title of 'M.D.' or any other title mentioned in Code50
68	59		Section 43-34-21 or 43-34-22."51
69	60		SECTION 4.52
70	61		This Act shall become effective upon its approval by the Governor or upon its becoming law53
71	62		without such approval.54
72	63		SECTION 5.55
73	64		All laws and parts of laws in conflict with this Act are repealed.56
74		-	S. B. 140
	65	+	S. B. 140 (SUB)
75	66		- 3 -