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20-2-215
Section 20-2-215 Confidentiality of database. (a) The controlled substances database
and all information contained therein and any records maintained by the department or by any
entity contracting with the department which is submitted to, maintained, or stored as a part
of the controlled substances prescription database, and any reproduction or copy of that information
is declared privileged and confidential, is not a public record, and is not subject to subpoena
or discovery in civil proceedings. This information is considered clinical in nature, subject
to medical interpretation, and may only be used for any of the following: (1) Investigatory
or evidentiary purposes related to violations of state or federal law. (2) Regulatory activities
of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled
substances. (3) Informing pharmacists and practitioners in prescribing or dispensing controlled
substances. (4) Bona fide statistical, research, 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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20-2-190
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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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary
action as outlined in subsection (b) whenever it shall be established to the satisfaction
of the board, after a hearing as hereinafter provided, that any dentist or dental hygienist
has been guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any
license, license certificate, annual registration certificate, money, or other thing of value.
(2) Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
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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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20-2-216
Section 20-2-216 Unauthorized disclosure of information; unauthorized access, alteration,
or destruction of information. Any person who intentionally makes an unauthorized disclosure
of information contained in the controlled substances prescription database shall be guilty
of a Class A misdemeanor. Any person or entity who intentionally obtains unauthorized access
to or who alters or destroys information contained in the controlled substances prescription
database shall be guilty of a Class C felony. (Act 2004-443, p. 781, ยง7.)...
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20-2-58
Section 20-2-58 Dispensing of controlled substances in Schedule II; maintenance of records
and inventories by registered pharmacies. (a) Except as otherwise provided in this section
or as otherwise provided by law, a pharmacist may dispense directly a controlled substance
in Schedule II only pursuant to a written prescription signed by the practitioner. Except
as provided in subsections (b) and (c), a prescription for a Schedule II controlled substance
may be transmitted by the practitioner or the agent of the practitioner to a pharmacy via
facsimile equipment; provided, the original written, signed prescription is presented to the
pharmacist for review prior to the actual dispensing of the controlled substance. (b) A prescription
written for a Schedule II narcotic substance to be compounded for the direct administration
to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion
may be transmitted by the practitioner or the agent of the practitioner...
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20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of
this section, the following words shall have the following meanings: (1) DRUG RELATED
CONVICTION. Any conviction or plea of nolo contendere for the offense of possession, distribution,
trafficking, or any degree of manufacture of controlled substances, or drug paraphernalia.
A drug related conviction shall also include the inchoate crimes of attempt, solicitation,
or conspiracy of any of the drug related crimes. (2) DRUG OFFENDER. Any person who has any
conviction listed in subdivision (1). (b) Effective January 1, 2013, the State Bureau of Investigations
shall implement a real-time electronic drug offender tracking system to catalogue all criminal
convictions in this state of persons convicted of felonies or misdemeanors involving the possession,
distribution, manufacture, or trafficking of controlled substances. This catalogue shall include,
but not be limited to, paraphernalia convictions,...
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34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee;
administrative fines; impaired practitioner program. (a) It shall be the duty of the board
to pass upon the qualifications of applicants for licensing as physical therapists and licensing
as physical therapist assistants, to conduct examinations, to issue licenses and renewals
to physical therapists and physical therapist assistants qualifying under this article and
in a proper case to suspend or revoke the license of such persons. The board may adopt rules
and regulations not inconsistent with law as it may deem necessary for the performance of
its duties; however, the board shall not issue any rules or regulations that require a physical
therapist assistant to be within sight of a consulting physical therapist or a physical therapist
supervisor while working under the direction of that physical therapist or issue any rules,
regulations, or orders inconsistent with Section 34-24-217(b). The board shall...
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