Title 26, Chapter 4, Section 110
(a) All facilities engaged in the manufacture, production, sale, or
distribution of drugs or devices utilized in the practice of
pharmacy or pharmacies where drugs or devices are dispensed or
pharmacy care is provided shall be licensed by the board and shall
biennially renew their license with the board. Where operations are
conducted at more than one location, each such location shall be
licensed by the board.
(b) The board may by rule determine the licensure classifications of
all persons and facilities licensed as a pharmacy under this article
and establish minimum standards for such persons and facilities.
(c)(1) The board shall establish by rule, under the powers granted
to it under Article 2 of this chapter and as may be required from
time to time under federal law the criteria which each person must
meet to qualify for licensure as a pharmacy in each
classification. The board may issue licenses with varying
restrictions to such persons where the board deems it necessary.
(2) All applications for a new license shall be accompanied by a
fee. Upon the filing of an application for a license, the board
may cause a thorough investigation of the applicant to be made,
and, if satisfied that the applicant possesses the necessary
qualifications and that the pharmacy will be conducted in
accordance with law, shall issue a license.
(d) Each pharmacy shall have a pharmacist in charge. Whenever an
applicable rule requires or prohibits action by a pharmacy,
responsibility shall be that of the owner and the pharmacist in
charge of the pharmacy, whether the owner is a sole proprietor,
partnership, association, corporation, or otherwise.
(e) The board may enter into agreements with other states or with
third parties for the purpose of exchanging information concerning
licensure of any pharmacy.
(f) The board may deny or refuse to renew a pharmacy license if it
determines that the granting or renewing of such license would not
be in the public interest.
(g) It shall be unlawful for any person in connection with any place
of business or in any manner to take, use, or exhibit the title
"drug store," "pharmacy," "apothecary," or any combination of such
titles or any title or designation of like import or other term to
take the place of such title, unless such place of business is
licensed as a pharmacy under the provisions of this chapter, has
submitted a written request to the board and received a waiver from
this subsection, or meets the provisions of any rule or regulation
regarding use of such titles and promulgated by the board.
(h) Every pharmacy licensed under this chapter shall have a
prescription department which shall be kept clean and free of all
materials not currently in use in the practice of compounding or
preparing a medication for dispensing. The space behind the
prescription counter shall be kept free of obstruction at all times.
(i) During hours of operation, every pharmacy licensed pursuant to
this chapter shall have a prescription department under the personal
supervision of a duly licensed pharmacist who shall have personal
supervision of not more than one pharmacy at the same time, provided
that nothing in this chapter shall be construed to prohibit any
pharmacist from having personal supervision of a pharmacy located in
a hospital, nursing home, college of pharmacy, or a pharmacy owned
and operated directly by a health maintenance organization. Every
pharmacy licensed under this chapter, except those located within
and owned and operated by a duly licensed and accredited hospital,
nursing home, or college of pharmacy or a pharmacy complying with
subsection (j) of this Code section, shall have a prescription
department open for business at all times that the business
establishment is open to the public, except that during temporary
absences of any licensed pharmacist not to exceed three hours daily
or more than one and one-half hours at any one time the prescription
department shall be closed and no prescription shall be filled or
(j) If a pharmacy is located in a general merchandising
establishment, or if the owner of the pharmacy so chooses, a portion
of the space of the business establishment may be set aside and
permanently enclosed or otherwise secured. Only that permanently
enclosed or otherwise secured area shall be subject to the
provisions of this chapter and shall be registered as a pharmacy.
In such case, the area to be registered as a pharmacy shall be
permanently enclosed with a partition built from the floor to the
ceiling or otherwise secured in a manner as provided by the board
through rules and regulations.