Code of Alabama

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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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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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34-24-61
Section 34-24-61 Controlled substance registration certificate; continuing medical education;
dismissal of revocation, etc. (a) The State Board of Medical Examiners, when acting in the
capacity of a certifying board under the Alabama Uniform Controlled Substances Act, Section
20-2-1, et seq., may, within its discretion and for cause, order, and direct that a physician
or osteopath holding a registration certificate successfully complete a course or courses
of continuing medical education on subjects related to the prescribing, dispensing, administering,
or furnishing of controlled substances. The course or courses of continuing medical education
ordered by the board under this section may not exceed 50 credit hours of instruction
within the calendar year in which the order is entered. Failure or refusal to comply with
an order or directive of the board entered pursuant to this section shall constitute
grounds, after notice and hearing, for the suspension of the controlled substance...
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20-2-112
Section 20-2-112 Definitions. As used in this article the following words, unless the
context clearly indicates the contrary, shall have the following meanings: (1) CONTROLLED
SUBSTANCE. The same as is defined in subdivision (5) of Section 20-2-2, as amended;
(2) CANNABIS. The same as those substances defined in subdivision (15) of Section 20-2-2,
as amended, and particularly those substances defined as tetrahydrocannabinols, or a chemical
derivative thereof; (3) PRACTITIONER A physician licensed to practice medicine in this state
and particularly as herein enumerated. (Acts 1979, No. 79-472, p. 870, ยง3.)...
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20-2-61
Section 20-2-61 Certification; access to records; establishment of protocols, formularies,
or medical regimens. (a) The board is designated as the certifying board for the registration
and approval of an assistant to physician in obtaining or renewing a Qualified Alabama Controlled
Substances Registration Certificate. The board is authorized to adopt regulations concerning
the application procedures, fees, fines, punishments, and conduct of any disciplinary hearings
for such applicants. The board shall establish a unique Qualified Alabama Controlled Substances
Registration Certificate number that identifies the particular applicant as an assistant to
physician with a valid Qualified Alabama Controlled Substances Registration Certificate. (b)
The board, and its agents, attorneys, or investigators shall be permitted access to the records
of any assistant to physician, including patient records, which would relate to a request
for a QACSC, a renewal of a QACSC or the possible violations...
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20-2-252
Section 20-2-252 Certificate requirements. The Board of Medical Examiners may grant
a Qualified Alabama Controlled Substances Registration Certificate (QACSC) to a certified
registered nurse practitioner (CRNP) or certified nurse midwife (CNM) who: (1) Is practicing
in accordance with this article, Title 34, Chapter 21, Article 5, and all rules and regulations
pertaining to collaboration between a qualified physician and a qualified CRNP or a CNM. (2)
Submits proof of successful completion of a course or courses approved by the board which
includes advanced pharmacology and prescribing trends relating to controlled substances and
which is consistent with the same requirements for other mid-level providers. (3) Provides
accurate and complete documentation of 12 or more months of active, clinical practice with
one or more collaborative practices agreement which is governed by Title 34, Chapter 21, Article
5 and which has received final approval from the Board of Medical Examiners and the...
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20-2-67
Section 20-2-67 Fees; costs; administrative fines. (a) The board is authorized to charge
and collect fees to defray expenses incurred in the registration and issuance of Qualified
Alabama Controlled Substances Registration Certificates and the administration of the provisions
of this article. The types and amounts of fees shall be established in rules adopted by the
board. The fees shall be retained by the board and may be expended for the general operation
of the board. (b) The board may require an assistant to physician who has been found to be
in violation of Section 20-2-64 or whose application for a Qualified Alabama Controlled
Substances Registration Certificate or its renewal or reinstatement has been denied, to pay
the administrative costs, fees, and expenses of the board incurred in connection with any
proceedings before the board referred to in Section 20-2-65 or in connection with any
investigation of the board to determine eligibility of an applicant for a Qualified Alabama...

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36-27-1
Section 36-27-1 Definitions. When used in this article, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
RETIREMENT SYSTEM. The Employees' Retirement System of Alabama as defined in Section
36-27-2. (2) EMPLOYEE. Any regular employee of the State of Alabama whose salary is paid by
state warrant by the state, except a member of the Legislature of the state, a person who
is covered or eligible to be covered under the Teachers' Retirement System of Alabama or any
other retirement system to which contributions are made by the state, an elective official
of the state government, and a temporary employee or person engaged under retainer or special
agreement. In all cases of doubt the Board of Control shall determine who is an employee within
the meaning of this article. The term shall include any regular employee of the Alabama state
hospitals and Partlow State School and Hospital and the Alabama State Port Authority,...
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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER.
A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital,
or other health care provider as those terms are defined in Section 6-5-481. (2) STANDARD
OF CARE. The standard of care is that level of such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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34-23-132
Section 34-23-132 Revocation or suspension of registration; probation. The board shall
revoke or suspend the registration of a pharmacy technician or place on probation a pharmacy
technician for any of, but not limited to, the following reasons: (1) Willful violation of
any provision of this article or the Alabama Uniform Controlled Substances Act. (2) Willful
violation of any rule or regulation promulgated in accordance with this article or the Alabama
Uniform Controlled Substances Act. (3) Action which threatens the public health, safety, or
welfare. (4) Conviction of a felony or misdemeanor involving moral turpitude. (5) Conviction
of a felony or misdemeanor involving a drug related offense of a legend drug or controlled
substance. (6) Obtaining the pharmacy technician registration by fraudulent means. (7) Violation
of the laws regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing
the label "caution, federal law prohibits dispensing without...
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