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20-2-210
Section 20-2-210 Legislative findings. The Alabama Legislature hereby finds that the
diversion, abuse, and misuse of prescription medications classified as controlled substances
under the Alabama Uniform Controlled Substances Act constitutes a serious threat to the health
and welfare of the citizens of the State of Alabama. The Legislature further finds that establishment
of a controlled substances prescription database to monitor the prescribing and dispensing
of controlled substances will materially assist state regulators and practitioners authorized
to prescribe and dispense controlled substances in the prevention of diversion, abuse, and
misuse of controlled substances prescription medication through the provision of education
and information, early intervention, and prevention of diversion, and investigation and enforcement
of existing laws governing the use of controlled substances. (Act 2004-443, p. 781, §1.)...
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34-24-601
Section 34-24-601 Legislative findings. The Legislature finds that the diversion, abuse,
and misuse of prescription medications classified as controlled substances under the Alabama
Uniform Controlled Substances Act constitute a serious threat to the health, safety, and welfare
of the citizens of the State of Alabama. The Legislature further finds that the registration
of all physicians providing pain management services, as defined in this article, will assist
the Alabama Board of Medical Examiners in preventing the diversion, abuse, and misuse of controlled
substances by regulating these registrants. The Legislature further finds that it is in the
best interests of the public safety to give the Board of Medical Examiners the authority it
needs to suspend the registration of these physicians providing pain management services when
the public health, safety, or welfare requires immediate action. (Act 2013-257, p. 673, §1.)...
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20-2-214
Section 20-2-214 Limited access to database permitted for certain persons or entities.
(a) The following persons or entities shall be permitted access to the information in the
controlled substances database, subject to the limitations indicated below: (1) Authorized
representatives of the certifying boards; provided, however, that access shall be limited
to information concerning the licensees of the certifying board, however, authorized representatives
from the Board of Medical Examiners may access the database to inquire about certified registered
nurse practitioners (CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama
Controlled Substances Registration Certificate (QACSC). (2) A licensed practitioner approved
by the department who has authority to prescribe, dispense, or administer controlled substances.
The licensed practitioner's access shall be limited to information concerning himself or herself,
registrants who possess a Qualified Alabama Controlled...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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20-2-212
Section 20-2-212 Controlled substances prescription database program; powers and duties
of department; trust fund; advisory committee; review committee. (a) The department may establish,
create, and maintain a controlled substances prescription database program. In order to carry
out its responsibilities under this article, the department is granted the following powers
and authority: (1) To adopt regulations, in accordance with the Alabama Administrative Procedure
Act, governing the establishment and operation of a controlled substances prescription database
program. (2) To receive and to expend for the purposes stated in this article funds in the
form of grants, donations, federal matching funds, interagency transfers, and appropriated
funds designated for the development, implementation, operation, and maintenance of the controlled
substances prescription database. The funds received pursuant to this subdivision shall be
deposited in a new fund that is established as a separate...
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20-2-253
Section 20-2-253 Prescription, administration, dispensing of controlled substances.
(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC)
and a valid registration number issued by the United States Drug Enforcement Administration,
a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) may prescribe,
administer, authorize for administration, or dispense only those controlled substances listed
in Schedules III, IV, and V of Article 2, Chapter 2, of this title in accordance with rules
adopted by the Board of Medical Examiners and any protocols, formularies, and medical regimens
established by the board for regulation of a QACSC. (b) A CRNP or a CNM shall not utilize
his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply
or inventory of any controlled substance in any form. (c) A CRNP or a CNM authorized to prescribe,
administer, or dispense controlled substances in accordance with...
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20-2-23
Section 20-2-23 Schedule I - Listing of controlled substances. (a) The Legislature finds
the following: (1) New synthetic substances are being created which are not controlled under
the provisions of existing state law but which have a potential for abuse similar to or greater
than that for substances controlled under existing state law. These new synthetic substances
are called "synthetic controlled substances or synthetic controlled substance analogues"
and can be designed to produce a desired pharmacological effect and to evade the controlling
statutory provisions. Synthetic controlled substances or synthetic controlled substance analogues
are being manufactured, distributed, possessed, and used as substitutes for controlled substances.
(2) The hazards attributable to the traffic in and use of a synthetic controlled substance
or synthetic controlled substance analogues are increased because their unregulated manufacture
produces variations in purity and concentration. (3) Many new...
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20-2-217
Section 20-2-217 Surcharge on controlled substance registration certificate. There is
hereby assessed a surcharge in the amount of ten dollars ($10) per year on the controlled
substance registration certificate of each licensed medical, dental, podiatric, optometric,
and veterinary medicine practitioner authorized to prescribe or dispense controlled substances
and on the Qualified Alabama Controlled Substances Registration Certificate (QACSC) of each
licensed assistant to physician, certified registered nurse practitioner, or certified nurse
midwife. This surcharge shall be effective for every practitioner certificate and every Qualified
Alabama Controlled Substances Registration Certificate (QACSC) issued or renewed, shall be
in addition to any other fees collected by the certifying boards, and shall be collected by
each of the certifying boards and remitted to the department at such times and in such manner
as designated in the regulations of the department. The proceeds of the...
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20-2-211
Section 20-2-211 Definitions. For the purposes of this article, the following terms
shall have the respective meanings ascribed by this section: (1) CERTIFYING BOARDS.
Those boards designated in subdivision (3) of Section 20-2-2. (2) CONTROLLED SUBSTANCE.
Any drug or medication defined as a controlled substance within the meaning of subdivision
(4) of Section 20-2-2. (3) DEPARTMENT. The Alabama Department of Public Health. (4)
LICENSING BOARD OR COMMISSION. The board, commission, or other entity that is authorized to
issue a professional license to a pharmacist or an authorized practitioner. (5) PHARMACIST.
Any person, as defined in subdivision (17) of Section 34-23-1, licensed by the Alabama
State Board of Pharmacy or otherwise permitted by Alabama or federal law to practice the profession
of pharmacy within this state. (6) PHARMACY. A retail establishment, as defined in subdivision
(18) of Section 34-23-1, licensed by the Alabama State Board of Pharmacy. (7) PRACTITIONER
or...
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36-18-50
Section 36-18-50 Legislative findings. The Legislature finds, determines, and declares
the following: (1) Driving a vehicle while under the influence of alcohol or a controlled
substance continues to be a major problem on the highways of our state and causes the death
or injury of thousands of our citizens each year. (2) The Legislature should use whatever
authority is available to it to discourage driving a vehicle while under the influence of
alcohol or a controlled substance, including the levying of fines therefor at a level which
will discourage such activity. (3) Administering and implementing a quality chemical testing
program for alcohol and controlled substances is costly for the taxpayers and thus the convicted
offender should bear a greater portion of the financial burden of the chemical testing program
at the state and local level. (4) The chemical breath testing program conducted by this state
has reduced the number of deaths and injuries, and the program continues to be...
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