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34-23-74
Section 34-23-74 Hospitals and related institutions; automated dispensing systems. (a) Except
as otherwise provided in subsection (b), every pharmacy located in a hospital, skilled nursing
home, or other related institution in this state shall be under the supervision of a licensed
pharmacist. In general hospitals, skilled nursing homes, and extended care facilities not
operating a pharmacy, the drug or medicine room shall be under the direct supervision and
direction of a consulting pharmacist or a member of the medical staff who shall be a licensed
practitioner of medicine. In nursing homes which are not classified by the State Board of
Health as skilled nursing homes, maternity homes, homes for the aged, domiciliary institutions,
and all related institutions except those operated by and in conjunction with a licensed hospital,
medicines or drugs bearing the wording on the label "caution, federal law prohibits dispensing
without prescription" or similar wording that causes 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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34-23-1
Food and Drug Administration has made either a determination of licensure based on standards
for interchangeability pursuant to 42 U.S.C. ยง262(k)(4), or a determination of therapeutic
equivalence based on the latest edition of or supplement to the federal Food and Drug Administration's
publication Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book).
(10) INTERN. An individual who is currently licensed by this state to engage in the practice
of pharmacy while under the personal supervision of a pharmacist and is satisfactorily
progressing toward meeting the requirements for licensure as a pharmacist, a graduate of an
approved college of pharmacy who is currently licensed by the board for the purpose of obtaining
practical experience as a requirement for licensure as a pharmacist, or a qualified applicant
awaiting examination for licensure. (11) LEGEND DRUG. Any drug, medicine, chemical, or poison
bearing on the label the words, "Caution, federal law prohibits...
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22-8B-3
employee, researcher, medical or nursing school faculty member, student, or employee, counselor,
social worker, or any professional, paraprofessional, or any other person who furnishes or
assists in the furnishing of health care services. (5) LIFE-SUSTAINING TREATMENT. Any medical
treatment, procedure, or intervention that, in the judgment of the attending physician, when
applied to the patient, would serve only to prolong the dying process where the patient has
a terminal illness or injury, or would serve only to maintain the patient in a condition
of permanent unconsciousness. These procedures include, but are not limited to, assisted ventilation,
cardiopulmonary resuscitation, renal dialysis, surgical procedures, blood transfusions, and
the administration of drugs and antibiotics. Life-sustaining treatment does not include the
administration of medication or the performance of any medical treatment where, in the opinion
of the attending physician, the medication or treatment...
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34-23-70
Section 34-23-70 Management; display of permit and license; poisons; prescription requirements;
violations. (a) Every pharmacy when opened for business shall be under the personal
supervision of a duly licensed pharmacist who shall have personal supervision of not
more than one pharmacy at the same time. During temporary absences of the licensed pharmacist,
not to exceed three hours daily or more than one and one-half hours at any one time, nor more
than one week for temporary illness, the prescription department shall be closed, and no prescriptions
are to be filled. During the temporary absence of a pharmacist, a sign shall be placed on
the prescription counter in a prominent location easily seen by the public stating, "Prescription
Department Closed, No Pharmacist on Duty." (b) The permit issued to each pharmacist by
the board and the licensure certificates issued to the licensed pharmacist employed by each
pharmacy must be prominently and conspicuously displayed in the pharmacy....
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34-2A-11
shall become inactive, as described in subsection (e) of Section 34-2A-12 if the licensee no
longer has responsibility for an assisted living facility. After 12 months in inactive status,
the license shall expire and become void. (4) For the purpose of this subsection, the term
"acute care hospital" shall be defined as a health institution planned, organized,
and maintained for offering to the public generally facilities and beds for use in the diagnosis
and/or treatment of illness, disease, injury, deformity, abnormality, or pregnancy,
when the institution offers such care of service for not less than 24 consecutive hours in
any week to two or more individuals not related by blood or marriage to the owner and/or chief
executive officer/administrator and, in addition, the hospital may provide for the education
of patients, medical and health personnel, as well as conduct research programs to promote
progress and efficiency in clinical and administrative medicine. (Act 2001-1057, 4th...
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34-14C-5
Section 34-14C-5 Exemptions. The licensure requirements of this chapter do not apply to the
following entities or practitioners: (1) Home health agencies certified by the State of Alabama
to participate in the Medicare and Medicaid programs. (2) Hospital based home medical equipment
services, whether or not the services are provided through a separate corporation or other
business entity. (3) Health care practitioners legally eligible to order or prescribe home
medical equipment, or who use home medical equipment to treat patients in locations other
than the patient's residence, including, but not limited to, physicians, nurses, physical
therapists, respiratory therapists, speech therapists, occupational therapists, optometrists,
chiropractors, and podiatrists, except for those practitioners, other than a licensed physician
practicing medicine, who provide home medical equipment services in a patient's residence.
Nothing in this chapter shall be construed as prohibiting or restricting...
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20-3-3
shall be destroyed. (d) A licensed nursing home, hospital, specialty care assisted living facility,
assisted living facility, or hospice care program, or an owner, operator, employee, or agent
of a licensee, shall not be liable for civil damages or for any criminal liability as a result
of any acts or omissions in transferring any drugs pursuant to this section unless the act
or omission was the result of willful misconduct. (e) No pharmaceutical manufacturer shall
be liable for any claim or injury arising due to a transfer of any legend drug pursuant
to this chapter, including, but not limited to, liability for failure to transfer or communicate
product or consumer information or the expiration date regarding the transferred drug. (f)
The State Board of Health may make rules and regulations to carry out the provisions and purposes
of this section. (g) All legend drugs distributed under the authority of this chapter shall
be dispensed to a patient, resident, or other user only on the...
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22-21B-3
Section 22-21B-3 Definitions. The following words and terms shall have the meanings ascribed
to them in this section, unless otherwise required by their respective context: (1) CONSCIENCE.
The religious, moral, or ethical principles held by a health care provider. (2) DISCRIMINATION.
Discrimination includes, but is not limited to: Hiring, termination, refusal of staff privileges,
refusal of board certification, demotion, loss of career specialty, reduction of wages or
benefits, adverse treatment in the terms and conditions of employment, refusal to award any
grant, contract, or other program, or refusal to provide residency training opportunities.
(3) HEALTH CARE PROVIDER. Any individual who may be asked to participate in any way in a health
care service, including, but not limited to: A physician, physician's assistant, nurse, nurse's
aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist,
researcher, medical or nursing school faculty, student,...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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