3.5 Disciplinary Procedures, Sanctions & Impaired Pharmacist Program (PharmAssist)

Disciplinary Procedures, Sanctions & Impaired Pharmacist Program (PharmAssist)

The primary mandate of the Georgia Board of Pharmacy is the protection of the public health, safety, and welfare. To fulfill this mandate, the Board is vested with significant authority to investigate complaints, conduct hearings, and impose disciplinary sanctions against any licensee—including pharmacists, pharmacy technicians, interns, and pharmacy facilities—found to be in violation of state laws or Board rules. This section explores the grounds for discipline, the range of available sanctions, and Georgia's approach to chemical impairment through the PharmAssist program.

Grounds for Discipline

The Board may refuse to issue or renew, or may suspend, revoke, or restrict the license of anyone who engages in conduct that compromises patient safety or the integrity of the profession. Common grounds for disciplinary action include, but are not limited to:

• Unprofessional Conduct: This is a broad category encompassing actions that fall below the accepted standard of care, deceptive practices, or exploiting the pharmacist-patient relationship.
• Incapacity or Impairment: Practicing pharmacy with a physical or mental illness, or while under the influence of alcohol, narcotics, or other drugs, to a degree that renders the licensee unfit to practice safely.
• Felony Convictions: Conviction of a felony, particularly those related to the practice of pharmacy or involving moral turpitude. Licensees must report felony convictions to the Board.
• Violation of Pharmacy Laws: Any violation of the Georgia Pharmacy Practice Act, the Georgia Controlled Substances Act, or federal laws regarding drug distribution.
• Discipline by Another Jurisdiction: Having a license to practice pharmacy revoked, suspended, or disciplined in another state or territory.
• Fraud or Misrepresentation: Using fraud or deceit in obtaining a license, or in the billing of insurance or Medicaid/Medicare.
• Dispensing Errors: Significant or repeated errors in dispensing medications that demonstrate a lack of competence.

Disciplinary Sanctions

When the Board determines that a violation has occurred, it has a variety of sanctions at its disposal. The severity of the sanction generally corresponds to the egregiousness of the violation and the risk to the public.

Range of Sanctions

1. Refusal to Grant or Renew a License: The most fundamental power, preventing an unqualified or dangerous individual from practicing.
2. Revocation: The permanent cancellation of a license. This is typically reserved for the most serious offenses, such as intentional diversion of controlled substances or egregious fraud.
3. Suspension: The temporary withdrawal of the right to practice. Suspensions may be for a definite period or indefinite until certain conditions are met.
4. Probation: Allowing the individual to continue practicing under strict supervision and specific conditions (e.g., restricted hours, prohibition on ordering controlled substances, mandatory continuing education).
5. Fines: The Board may impose monetary fines for violations.
6. Public or Private Reprimand: A formal expression of disapproval. A private reprimand is kept confidential, while a public reprimand becomes part of the public record.
7. Letter of Concern: Issued when there is insufficient evidence for formal discipline, but the Board wishes to draw the licensee's attention to a matter of concern.

The Impaired Pharmacist Program: PharmAssist

Chemical dependency and substance use disorders are occupational hazards in the pharmacy profession, given the constant access to highly addictive controlled substances. The Georgia Board of Pharmacy recognizes that addiction is a disease and supports a rehabilitative approach, prioritizing public safety while offering a pathway to recovery.

In Georgia, the impaired pharmacist program is known as PharmAssist. It is operated in conjunction with the Georgia Pharmacy Association (GPhA) and operates as a confidential resource for pharmacists, interns, and technicians struggling with alcohol or drug dependency.

How PharmAssist Works

• Voluntary Entry: A licensee may voluntarily contact PharmAssist to seek help. If they do so before the Board is aware of any violations, and if they enter a treatment program, their participation can remain completely confidential.
• Board Mandated: Alternatively, if the Board discovers impairment (e.g., through a failed drug screen or reports of diversion), it may mandate participation in PharmAssist as a condition of probation or license reinstatement.
• The Contract: Participants must sign a strict recovery contract. This typically involves mandatory inpatient or intensive outpatient treatment, regular attendance at support group meetings, and random, observed urine drug screens.
• Monitoring: The PharmAssist program closely monitors the individual's compliance with the contract, usually for a period of five years.

The Intersection of PharmAssist and Board Discipline

It is critical to understand that PharmAssist is not a "get out of jail free" card.

• Patient Harm: If a pharmacist's impairment led to patient harm, the Board will likely pursue disciplinary action, regardless of voluntary entry into PharmAssist.
• Non-Compliance: If a licensee fails to comply with their PharmAssist contract (e.g., by missing drug screens or testing positive), PharmAssist is obligated to report the non-compliance to the Board. This usually results in immediate license suspension.
• Diversion: If a pharmacist diverted drugs to support their addiction, the Board will address the diversion as a disciplinary matter, though successful participation in PharmAssist may mitigate the severity of the sanction.

By providing a structured, monitored pathway to recovery, PharmAssist helps to protect the public by removing impaired practitioners from the workplace while simultaneously offering them the support needed to eventually return to safe practice.