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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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20-2-213
Section 20-2-213 Reporting requirements. (a) Each of the entities designated in subsection
(b) shall report to the department, or to an entity designated by the department, controlled
substances prescription information as designated by regulation pertaining to all Class II,
Class III, Class IV, and Class V controlled substances in such manner as may be prescribed
by the department by regulation. (b) The following entities or practitioners are subject to
the reporting requirements of subsection (a): (1) Licensed pharmacies, not including pharmacies
of general and specialized hospitals, nursing homes, and any other health care facilities
which provide inpatient care, so long as the controlled substance is administered and used
by a patient on the premises of the facility. (2) Mail order pharmacies or pharmacy benefit
programs filling prescriptions for or dispensing controlled substances to residents of this
state. (3) Licensed physicians, dentists, podiatrists, or optometrists who...
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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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10A-2-16.04
Section 10A-2-16.04 Court-ordered inspection. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a domestic corporation
or a foreign corporation with its principal office within this state does not allow a shareholder
who complies with Section 10A-2-16.02(a) to inspect and copy any records required by that
subsection to be available for inspection, the circuit court of the county where the corporation's
principal office, or, if none in this state, its registered office, is located may summarily
order inspection and copying of the records demanded at the corporation's expense upon application
of the shareholder. (b) If a domestic corporation or a foreign corporation with its principal
office within this state does not within a reasonable time allow a shareholder to inspect
and copy any other record, the shareholder who complies with Section 10A-2-16.02(b) and (c)
may apply to the circuit court in the county...
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34-24-290
Section 34-24-290 Definitions. For the purposes of this article, the following words and phrases
shall have the following meanings: (1) APPROVED PROGRAM. A program for the education and training
of assistants to physicians which has been formally approved in writing by the board. (2)
ASSISTANT TO PHYSICIAN. A person who is a graduate of an approved program, is licensed by
the board, and is registered by the board to perform medical services under the supervision
of a physician approved by the board to supervise the assistant. (3) BOARD. The Board of Medical
Examiners of the State of Alabama. (4) LEGEND DRUG. Any drug, medicine, chemical, or poison,
bearing on the label the words, "Caution, Federal Law prohibits dispensing without prescription"
or similar words indicating that the drug, medicine, chemical, or poison may be sold or dispensed
only upon the prescription of a licensed medical practitioner, except that the term legend
drug shall not include any drug, substance, or compound...
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20-2-71
Section 20-2-71 Prohibited acts B. (a) It is unlawful for any person: (1) To knowingly or intentionally
distribute or dispense a controlled substance in violation of Section 20-2-58; (2) Who is
a registrant to manufacture a controlled substance not authorized by his or her registration
or to distribute or dispense a controlled substance not authorized by his or her registration
to another registrant or other authorized person; (3) To refuse or fail to make, keep, or
furnish any record, notification, order form, statement, invoice, or information required
under this chapter; provided, however, that upon the first conviction of a violator under
this provision the violator shall be guilty of a Class A misdemeanor. Subsequent convictions
shall subject the violator to the felony penalty provision set forth in subsection (b); (4)
To refuse an entry into any premises for any inspection authorized by this chapter; or (5)
To knowingly keep or maintain any store, shop, warehouse, dwelling,...
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10A-2-16.02
Section 10A-2-16.02 Inspection of records by shareholders. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
A shareholder of a domestic corporation or of a foreign corporation with its principal office
within this state is entitled to inspect and copy, during regular business hours at the corporation's
principal office, or if its principal office is outside this state, at a reasonable location
within this state, specified by the corporation, any of the records of the corporation described
in Section 10A-2-16.01(e) if he or she gives the corporation written notice of his or her
demand at least five business days before the date on which he or she wishes to inspect and
copy. (b) A shareholder of a domestic corporation or of a foreign corporation with its principal
office within this state who shall have been a holder of record of shares for 180 days immediately
preceding his or her demand or who is the holder...
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34-24-302
Section 34-24-302 Denial, suspension, revocation, etc., of license; investigation; mental,
physical, or laboratory examination; authorization for release of information. (a) The board
may, within its discretion, deny the issuance of a license to any person or, after notice
and hearing in accordance with board regulations, shall, within its discretion, suspend, revoke,
restrict, or otherwise discipline the license of a person who shall be found guilty on the
basis of substantial evidence of any of the following acts or offenses: (1) Conviction of
a felony. (2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting
on the ability of the individual to render patient care in a safe manner. (3) Conviction of
any violation of state or federal laws relating to controlled substances. (4) Termination,
restriction, suspension, revocation, or curtailment of licensure, registration, or certification
as an assistant to physician by another state or other licensing jurisdiction...
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20-2-60
Section 20-2-60 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 supervising physician, or, in his or her presence, his or her authorized agent. b. An
assistant to physician. c. The patient at the direction and in the presence of the supervising
physician or assistant to physician. (2) ASSISTANT TO PHYSICIAN. Any person who is a graduate
of an approved program, is licensed by the board, and is registered by the board to perform
medical services under the supervision of a physician approved by the board to supervise an
assistant to physician. (3) BOARD. The Board of Medical Examiners of the State of Alabama.
(4) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to physician
and a supervising physician under whom the assistant to physician...
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34-38-2
Section 34-38-2 Promotion of early treatment, etc., of individuals impaired by illness, inebriation,
etc.; Alabama Impaired Professionals' Committee; expenses; competitive bidding not required.
It shall be the duty and obligation of the State Board of Dental Examiners and the State Board
of Pharmacy to promote the early identification, intervention, treatment, and rehabilitation
of individuals within the respective jurisdiction, licensed to practice in the State of Alabama,
who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics,
controlled substances, alcohol, chemicals, or other dependent forming substances, or as a
result of any physical or mental condition rendering such person unable to meet the standards
of his or her profession. For the purposes of this chapter, the term "impaired"
shall mean the inability of a dentist, hygienist, or pharmacist to practice with reasonable
skill and safety to patients by reason of illness, inebriation, excessive...
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