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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20-2-256
Section 20-2-256 Judicial review. (a) A certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC) or the renewal of a QACSC may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20. (b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying reinstatement of a QACSC, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20. (c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the board...
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34-23-9
Section 34-23-9 Purity of drugs dispensed. No person shall compound or sell or offer for sale or cause to be compounded, sold, or offered for sale any medicine, drug, poison, chemical, or pharmaceutical preparation that is adulterated. Any one of the above-named substances shall be deemed to be adulterated if it is sold by a name recognized in the United States Pharmacopoeia or National Formulary and it differs from the standard of strength, quality, or purity as determined by the test laid down therein. A product may be of a lesser strength only if the product is clearly labeled with the actual strength. The board may use product analysis data from any laboratory that satisfies all of the following qualifications: (1) Is registered by the Food and Drug Administration. (2) If the product is a legend controlled drug, is licensed by the Bureau of Narcotics and Dangerous Drugs. (3) Is ISO 17025 certified. (Acts 1966, Ex. Sess., No. 205, p. 231, §17; Act 2017-422, §1.)...
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45-45-82.03
Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund. (a) In all criminal and juvenile delinquency cases in the circuit and district courts of Madison County wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform Controlled Substances Act the clerk of the respective court shall charge and collect a fee of ten dollars ($10) in addition to all other costs and charges now or hereafter provided. (b) The monies derived from the charges herein prescribed shall be remitted to the Madison County Commission and be deposited to a fund which shall be designated as the Madison County Juvenile Court Drug Abuse Prevention Fund. All funds so deposited shall be disbursed for the following purposes: (1) Conducting drug and alcohol abuse education programs. (2) Conducting drug and alcohol abuse counseling programs. (3) Reimbursing any nonprofit organization approved by the juvenile court of the county for services performed for the juvenile...
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20-2-184
Section 20-2-184 Denial, suspension or revocation of license. A license or permit, obtained pursuant to Section 20-2-182 or 20-2-183, shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the license or permit holder has: (1) Furnished false or fraudulent material information in any application filed under this article; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; (4) Violated the provisions of Chapter 23 of Title 34; or (5) Failed to maintain effective controls against the diversion of said precursors to unauthorized persons or entities. (Acts 1991, No. 91-589, p. 1085, §5.)...
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20-2-254
Section 20-2-254 Grounds for denial of application or request for renewal, etc. The Board of Medical Examiners may deny an application of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) requesting a Qualified Alabama Controlled Substances Registration Certificate (QACSC), deny a request for a renewal of a QACSC, or initiate action against the QACSC of a CRNP or a CNM possessing a QACSC based on the following grounds: (1) Fraud or deceit in applying for, procuring, or attempting to procure a QACSC in the State of Alabama. (2) Conviction of a crime under any state or federal law relating to any controlled substance. (3) Conviction of a crime or offense which affects the ability of the CRNP or CNM to practice with due regard for the health or safety of his or her patients. (4) Prescribing a drug or utilizing a QACSC in such a manner as to endanger the health of any person or patient of the CRNP, CNM, or collaborating physician. (5) Suspension or...
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20-2-141
Section 20-2-141 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2. (2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend controlled drug, that is not a controlled substance, which by dosage unit appearance (including color, size, shape, and markings), and by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In the cases where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example as in the case of a powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an "imitation controlled substance":...
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12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense including juveniles charged with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The use of alcohol to the extent that the health, safety or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is...
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20-2-250
Section 20-2-250 Definitions. As used in this article, the following words shall have the following meanings: (1) ADMINISTER. The direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following: a. A collaborating physician or, in his or her presence, his or her authorized agent. b. A certified registered nurse practitioner or certified nurse midwife. c. The patient at the direction and in the presence of the collaborating physician, certified registered nurse practitioner, or certified nurse midwife. (2) BOARD. The Board of Medical Examiners of the State of Alabama. (3) CERTIFIED NURSE MIDWIFE or CNM. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills relative to the management of women's health care focusing on pregnancy, childbirth, the...
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20-3-2
Section 20-3-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) ASSISTED LIVING FACILITY. An institution or facility licensed as an assisted living facility under regulations of the State Board of Health. (2) CHARITABLE CLINIC. The term includes an established free medical clinic as defined in subdivision (1) of Section 6-5-662 and any community health center provided for under the federal Public Health Service Law. (3) CHARITABLE PATIENT. For purposes of this chapter, the term shall not include patients who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription drug program funded in whole or in part by the state. (4) DRUGS. All medicinal substances and preparations recognized by the United States Pharmacopoeia and National Formulary, or any revision thereof, and all substances and preparations intended for external and internal use in the cure, diagnosis, mitigation, treatment, or prevention of...
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