Chapter 480-49 DEFAULT ON OBLIGATIONS

Rule 480-49-.01 Federal Student Loan Default

A person holding a current license issued by the Georgia Board of Pharmacy ("Board") may have his/her license indefinitely suspended if s/he is found to be in nonpayment status or default or breach of a repayment or service obligation under any federal educational loan, service conditional loan repayment program, or service conditional scholarship program in accordance with the procedures set forth herein.

(2)

After receiving a certification from a federal agency that the licensee is in nonpayment status or default or breach of a repayment or service obligation under any federal educational loan, service conditional loan repayment program, or service conditional scholarship program, the Board shall provide written notice to the licensee via certified or registered mail at the licensee's address of record. The notice shall contain the following:

(a)	The Board's intended action to suspend the license;

(b)	The licensee's right to request an appearance before the Board;

(c)	Notification that the request for an appearance must be in writing and must be received by the board within thirty (30) days of service of notice; and

(d)	The address and telephone number of the Board.

(3)	If the licensee does not request an appearance before the Board within thirty (30) days, the licensee waives the right for an appearance before the Board, and the license shall be suspended.

(4)	If a request to appear is timely received by the Board, the suspension of the license shall be stayed pending the licensee's appearance before the Board.

(5)

Upon receipt of the request for an appearance before the Board, the Board shall notify the licensee in writing of the date and time of the appearance via certified or registered mail sent to the licensee's address of record. At this appearance, the licensee may present evidence only on the following issues:

(a)	Whether the licensee is a party named in a federal educational loan agreement, service conditional loan repayment agreement, or service conditional scholarship agreement;

(b)	Whether the licensee is in default of the loan obligation, service conditional loan repayment or scholarship obligation;

(c)	Whether the licensee is repaying the loan obligation, service conditional loan repayment or scholarship obligation, in a manner satisfactory to the federal agency involved.

(6)	Within fourteen (14) working days after the licensee's appearance before the Board, the Board will issue its decision. The Board will mail a copy of its decision to the licensee by certified mail or registered mail to the licensee's address of record.

(7)	If the license is suspended, the licensee shall not practice during the period of suspension.

(8)

A person whose license was suspended for being in nonpayment status or default or breach of a repayment or service obligation under any federal educational loan, service conditional loan repayment program, or service conditional scholarship program may apply to have the suspension lifted. In order to have the suspension lifted, the licensee must:

(a)	Request in writing to the Board that the suspension be lifted;

(b)

Provide the Board a written release from the federal agency originally certifying that the licensee is in nonpayment status or default or breach of a repayment or service obligation under any federal educational loan, service conditional loan repayment program, or service conditional scholarship program;

1.	The release must indicate that the licensee is making payments on the loan or satisfying the payment or service requirements in accordance with an agreement approved by the federal agency.

(c)	Demonstrate to the satisfaction of the Board that the license has been timely renewed, where applicable, and, other than the suspension provided by this rule, is otherwise in good standing; and

(d)	Submit a notarized declaration that all continuing education requirements, if any, for the entire suspension period have been met.

(9)	Upon compliance with paragraph (8), the Board shall lift the suspension on the license. However, the Board may impose any conditions on the lifting of the suspension that it deems necessary to protect the public.

(10)

If the licensee fails to timely renew his/her license during the period of suspension, the license shall be considered to be revoked by operation of law and subject to reinstatement in the sole discretion of the Board. The person who held the lapsed suspended license must comply with the Board's rules for reinstatement, pay any reinstatement fee, and provide the Board with a written release from the federal agency originally certifying that the licensee is in nonpayment status or default or breach of a repayment or service obligation under any federal educational loan service conditional loan repayment program or service conditional scholarship program. The release must indicate that the licensee is making payments on the loan or satisfying the payment or service requirements in accordance with an agreement approved by the federal agency. It will be within the discretion of the Board whether to reinstate the license.

Rule 480-49-.02 Non-Compliance with an Order for Child Support

(1)	A person holding a current license issued by the Georgia Board of Pharmacy ("Board") may have his/her license indefinitely suspended if s/he is a person for whom an order for child support has been rendered and s/he is not in compliance with that order.

(2)

After receiving notice of non-compliance with a child support order from the Department of Human Services, the Board shall suspend the license and shall provide written notice to the licensee via certified or registered mail at the licensee's address of record. If the license is suspended, the licensee shall not practice during the period of suspension.

(3)

A person whose license was suspended for being non-compliant with an order for child support may apply to have the suspension lifted. In order to have the suspension lifted, the licensee must:

(a)	Request in writing to the Board that the suspension be lifted;

(b)

Ensure that the Department of Human Services provides a written notice of compliance and request for release indicating:

1.	That the licensee has made satisfactory arrangements to pay the arrearage; or

2.	That the licensee is now in compliance with his/her obligation to pay child support.

(c)	Demonstrate to the satisfaction of the Board that the license has been timely renewed, where applicable, and other than the suspension provided by this rule, is otherwise in good standing; and

(d)	Submit a notarized declaration that all continuing education requirements, if any, for the entire suspension period have been met.

(4)	Upon compliance with paragraph (3), the Board shall lift the suspension on the license. However, the Board may impose any conditions on the lifting of the suspension that it deems necessary to protect the public.

(5)

If the licensee fails to timely renew his/her license during the period of suspension, the license shall be considered to be revoked by operation of law and subject to reinstatement in the sole discretion of the Board. The person who held the lapsed suspended license must comply with the Board's rules for reinstatement, pay any reinstatement fee, and provide the Board with a written notice of compliance and request for release from the Department of Human Services. The release must indicate that the licensee has made satisfactory arrangements to pay the arrearage or that the licensee is now in compliance with his/her obligation to pay child support. It will be within the discretion of the Board whether to reinstate the license.

Rule 480-49-.03 Bad Checks and Reversals

(1)

It is the policy of the Board of Pharmacy to pursue its legal remedies under O.C.G.A. § 16-9-20 when a bad check is issued in payment of examination, license or renewal fees, application fees, or similar fees, and to take such other action as outlined herein. Any person issuing a bad check will be subject to the service charge as provided in O.C.G.A. § 16-9-20(a)(2).

(2)

Bad Checks.

(a)

If an applicant for licensure by examination or reciprocity issues a bad check to cover required licensure or examination fees, such applicant shall not be issued a license until the applicant has paid the appropriate fees and the service charge. If a license is issued prior to determining that the applicant issued a bad check, such license will be deemed to have been issued in error and deemed not current unless the applicant pays the licensure or examination fees and service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The applicant must pay the licensure fees and the service charge by cashier's check or money order.

(b)

If an applicant for registration or permit issues a bad check to cover required application fees, such applicant shall not be issued a registration or permit until the applicant has paid the appropriate fees and the service charge. If a registration or permit is issued prior to determining that the applicant issued a bad check, such registration or permit will be deemed to have been issued in error and deemed not current unless the applicant pays the appropriate fees and service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The applicant must pay the application fees and the service charge by cashier's check or money order.

(c)

If a licensee, permit-holder, or registrant attempts to renew a license, permit, or registration by the issuance of a bad check, the license, permit, or registration will not be renewed until the licensee, permit-holder, or registrant pays all fees due including any applicable late renewal fees plus the service charge. If the license, permit, or registration is renewed and reissued to the licensee, permit-holder, or registrant prior to determination that the licensee, permit-holder, or registrant issued a bad check, the licensee, permit-holder, or registrant will be notified by certified or registered mail that the renewed license, permit, or registration will be deemed not current unless the licensee, permit-holder, or registrant remits all fees due for renewal plus the service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The licensee, permit-holder, or registrant must pay the fees and service charge by cashier's check or money order.

(3)

Reversals or chargebacks.

(a)

If a license by examination or reciprocity is issued and the licensee initiates a chargeback, such license will be deemed to have been issued in error and deemed not current unless the applicant pays the licensure or examination fees and service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The applicant must pay the licensure fees and the service charge by cashier's check or money order.

(b)

If a registration or permit is issued and the applicant initiates a chargeback, such registration or permit will be deemed to have been issued in error and deemed not current unless the applicant pays the licensure or examination fees and service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The applicant must pay the application fees and the service charge by cashier's check or money order.

(c)

If the license, permit, or registration is renewed and reissued to the licensee, permit-holder, or registrant and the licensee, permit-holder, or registrant initiates a chargeback, the licensee, permit-holder, or registrant will be notified by certified or registered mail that the renewed license, permit, or registration will be deemed not current unless the licensee, permit-holder, or registrant remits all fees due for renewal plus the service charge within ten (10) days of the Board mailing the notice by certified or registered mail. The licensee, permit-holder, or registrant must pay the fees and service charge by cashier's check or money order.

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