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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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20-3-3
Section 20-3-3 Transfer of legend drugs to charitable clinic. (a)(1) Legend drugs, except
controlled substances, dispensed to a patient in a hospital, nursing facility, assisted living
facility, or specialty care assisted living facility may be donated and transferred pursuant
to this section to a charitable clinic to be used by charitable patients free of charge
when all of the following conditions are met: a. The drugs are no longer needed by the original
patient. b. The drugs have been maintained in accordance with United States Pharmacopoeia
and National Formulary storage requirements. c. The drugs were dispensed by unit dose or an
individually sealed dose. d. The drugs have not expired. (2) Legend drugs, except controlled
substances, dispensed to a patient cared for by a hospice care program may be donated and
transferred pursuant to this section to a charitable clinic to be used by charitable
patients free of charge when all of the following conditions are met: a. The drugs are...
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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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34-23-3
Section 34-23-3 State drug investigators. Each state drug investigator employed by the
board following the passage of this chapter must furnish satisfactory proof to the board that
he or she is a person of good moral character and that in the judgment of the members of the
board he or she has sufficient knowledge of the laws pertaining to the practice of pharmacy
and law enforcement to enable him or her to carry out his or her duties as an investigator
consistent with this chapter. Each state drug investigator employed by the board shall serve
an apprenticeship of a minimum of six months working with and under the supervision of the
Chief Drug Investigator or other investigator designated by the board. Each such investigator,
before entering upon his or her duties, shall post with the board a bond in the amount of
two thousand dollars ($2,000) conditioned upon the faithful performance of his or her duties.
Each state drug investigator shall have the power to inspect the medicines and...
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34-23-50
Section 34-23-50 Required. (a) It shall be unlawful for any person, firm, or corporation
to practice pharmacy in this state or to permit prescriptions to be compounded and/or dispensed
by persons other than those duly licensed by the board to practice pharmacy in this state;
provided, that any person who holds a professional degree in pharmacy from a school of pharmacy
recognized by the board who is serving his or her internship under the immediate direct supervision
of a pharmacist on the premises registered by the board and any person who is enrolled in
a school of pharmacy recognized by the board working under the immediate and direct supervision
of a pharmacist on the premises registered by the board pursuing his or her education as a
pharmacist shall be permitted to compound and/or dispense prescriptions. In order to be considered
enrolled in a school of pharmacy and pursuing his or her education as a pharmacist, a person
shall not be absent from the school of pharmacy for more...
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34-23-7
Section 34-23-7 Illegal possession of prescription drugs. Any person found in possession
of a drug or medicine limited by law to dispensation by a prescription, unless such drug or
medicine was lawfully dispensed, shall be guilty of a misdemeanor and, upon conviction, shall
be fined not more than $1,000 and, in addition thereto, may be imprisoned in the county jail
for hard labor for not more than one year. This section shall not apply to a licensed
pharmacy, licensed pharmacist, wholesaler, manufacturer, or his or her representative acting
within the line and scope of his or her employment, physician, veterinarian, dentist, or nurse
acting under the direction of a physician, nor to a common carrier or messenger when transporting
such drug or medicine in the same unbroken package in which the drug or medicine was delivered
to him or her for transportation. (Acts 1966, Ex. Sess., No. 205, p. 231, ยง31.)...
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34-22-4
Section 34-22-4 Limitation on application of chapter. (a) It is not the intent of this
chapter to prevent any school teacher, welfare worker, state, county, municipality, or other
public board, body, agency, institution, or official from determining in the course of their
official duties the probable need of visual services; provided, that the aforenamed person
or agency does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner
and complies with the provisions of Section 38-1-2. (b) A license to practice optometry
shall not be required for the sale, preparation, or dispensing of eyeglasses or spectacles
in a retail optical dispensary or from a store, shop, or other permanently established place
of business with an optical department on prescription of a duly licensed physician skilled
in diseases of the eyes or a duly licensed optometrist authorized to practice under the laws
of this state. Contact lenses may be sold or dispensed in a retail optical...
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20-2-188
Section 20-2-188 Exceptions to requirements for sale or transfer of chemicals, and to
licensing requirements. (a) The provisions of this article shall not apply to the sale or
transfer of products which include a listed precursor chemical if the product may be sold
lawfully with a prescription or over the counter without a prescription under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), or under a rule adopted
pursuant to that act. (b) Notwithstanding any other provision of this article, no person shall
be required to obtain a listed precursor license or permit for the sale, receipt, transfer,
manufacture, or possession of a listed precursor chemical when: (1) Such person is a duly
licensed physician, dentist, veterinarian, podiatrist, or pharmacist, when the sale, receipt,
transfer, manufacture, or possession of such listed precursor chemical is a transaction otherwise
lawfully authorized; (2) A domestic lawful distribution in the usual course of business...
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34-23-150
Section 34-23-150 Definitions. As used in this article, the following terms shall have
the following meanings: (1) BOARD. The Alabama State Board of Pharmacy. (2) COMPONENT. Any
ingredient used in the compounding of a drug product. (3) COMPOUNDING. The preparation, mixing,
assembling, packaging, and labeling of a drug or device as the result of a licensed practitioner's
prescription drug order or initiative based on the practitioner/patient/pharmacist relationship
in the course of professional practice. a. Compounding may also be for the purpose of, or
as incident to, research, teaching, or chemical analysis. b. Compounding includes the preparation
of drugs or devices in anticipation of prescription drug orders based on routine, regularly
observed prescribing patterns. c. Reconstitution of commercial products is not considered
compounding for purposes of this article. (4) COMPOUNDED OVER THE COUNTER (OTC) PRODUCTS.
A medical product that is prepared, packaged, and labeled in a pharmacy...
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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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