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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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34-23-8.1
Section 34-23-8.1 Substitution of certain biological products; notice. (a) No person shall
dispense or cause to be dispensed a different biological or brand of biological product in
lieu of that ordered or prescribed without the express permission in each case of the person
ordering or prescribing the drug, except as provided in this section. (b) A licensed pharmacist
in this state shall be permitted to select for the brand name biological product prescribed
by a licensed physician or other practitioner who is located in this state and authorized
by law to write prescriptions, hereinafter referred to as "practitioner," a less
expensive interchangeable biological product in all cases where the practitioner expressly
authorizes the selection in accordance with subsection (d). (c) A licensed pharmacist located
in this state may select for the brand name biological product prescribed by a practitioner
who is located in another state or licensing jurisdiction and who is authorized by the...
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20-2-253
Section 20-2-253 Prescription, administration, dispensing of controlled substances. (a) Upon
receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and
a valid registration number issued by the United States Drug Enforcement Administration, a
certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) may prescribe,
administer, authorize for administration, or dispense only those controlled substances listed
in Schedules III, IV, and V of Article 2, Chapter 2, of this title in accordance with rules
adopted by the Board of Medical Examiners and any protocols, formularies, and medical regimens
established by the board for regulation of a QACSC. (b) A CRNP or a CNM shall not utilize
his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply
or inventory of any controlled substance in any form. (c) A CRNP or a CNM authorized to prescribe,
administer, or dispense controlled substances in accordance with...
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27-45-2
Section 27-45-2 Definitions. As used in this article, the following terms shall have the respective
meanings herein set forth, unless the context shall otherwise require: (1) ALABAMA INSURANCE
CODE. Title 27 of the Code of Alabama 1975. (2) INSURER. Such term shall have the meaning
ascribed in Section 27-1-2. (3) PERSON. Such term shall have the meaning ascribed in Section
27-1-2. (4) COMMISSIONER and DEPARTMENT. Such terms, respectively, shall have the meanings
ascribed in Section 27-1-2. (5) CONTRACTUAL OBLIGATION. Any obligation under covered policies
or employee benefit plans. (6) COVERED POLICY OR PLAN. Any policy, employee benefit plan,
or contract within the scope of this article. (7) HEALTH INSURANCE POLICY. Any individual,
group, blanket, or franchise insurance policy, insurance agreement, or group hospital service
contract providing for pharmaceutical services, including without limitation, prescription
drugs, incurred as a result of accident or sickness, or to prevent same....
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34-23-184
Section 34-23-184 Audit procedures; report. (a) The entity conducting an audit shall follow
these procedures: (1) The pharmacy contract shall identify and describe in detail the audit
procedures. (2) The entity conducting the on-site audit shall give the pharmacy written notice
at least two weeks before conducting the initial on-site audit for each audit cycle. If the
pharmacy benefit manager does not include their auditing guidelines within their provider
manual, then the notice must include a documented checklist of all items being audited and
the manual, including the name, date, and edition or volume, applicable to the audit and auditing
guidelines. For on-site audits a pharmacy benefit manager shall also provide a list of material
that is copied or removed during the course of an audit to the pharmacy. The pharmacy benefit
manager may document this material on either a checklist or on an audit acknowledgement form.
The pharmacy shall produce any items during the course of the...
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34-23-8
Section 34-23-8 Substitution of drugs or brands of drugs. No person shall dispense or cause
to be dispensed a different drug or brand of drug in lieu of that ordered or prescribed without
the express permission in each case of the person ordering or prescribing such drug, except
as provided below: (1) A licensed pharmacist in this state shall be permitted to select for
the brand name drug product prescribed by a licensed physician or other practitioner who is
located in this state and authorized by law to write prescriptions, hereinafter referred to
as "practitioner," a less expensive pharmaceutically and therapeutically equivalent
drug product containing the same active ingredient or ingredients, and of the same dosage
form strength, in all cases where the practitioner expressly authorizes such selection in
accordance with subdivision (4). (2) A licensed pharmacist located in this state shall be
permitted to select for the brand name drug product prescribed by a practitioner who is...
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40-26B-1
Section 40-26B-1 Definitions. The following words, terms and phrases, when used in this article
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) DEPARTMENT. The Department of Revenue of the State of Alabama.
(2) FISCAL YEAR. An accounting period of 12 months beginning on the first day of the first
month of the state fiscal year. (3) MEDICAID PROGRAM. The medical assistance program as established
in Title XIX of the Social Security Act and as administered in the State of Alabama by the
Alabama Medicaid Agency pursuant to executive order and Title 560 of the Alabama Administrative
Code. (4) PHARMACEUTICAL PROVIDER. A provider of drugs, medicines, chemicals and poisons which,
pursuant to a valid prescription, are offered for sale, compounded or dispensed to citizens
of Alabama. This term shall include all places whose title may imply the sale, offering for
sale, compounding or dispensing, of drugs, medicines,...
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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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34-27B-2
Section 34-27B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) BOARD. The Alabama State Board of Respiratory Therapy. (2) DIRECT CLINICAL SUPERVISION.
A situation where a licensed respiratory therapist or physician is available for the purpose
of communication, consultation, and assistance. (3) HEALTHCARE FACILITY. The definition shall
be the same as in Section 22-21-260. (4) MEDICALLY APPROVED PROTOCOL. A detailed plan for
taking specific diagnostic or treatment actions, or both, authorized by the treating physician
of the patient, all of which actions shall be: a. In a hospital or other inpatient health
care facility, approved by the supervising physician of the respiratory therapist or in an
outpatient treatment setting approved by the supervising physician of the respiratory therapist.
b. Except in cases of medical emergency, instituted following an evaluation of the patient
by a physician or otherwise directed by the supervising...
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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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