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20-2-181
Section 20-2-181 Board to designate by rule listed precursor chemicals; interim list established.
(a) The Board of Pharmacy shall, within one year of July 29, 1991, designate by rule listed
precursor chemicals. (b) The Board of Pharmacy may subsequently by rule add chemicals as listed
precursor chemicals following the criteria set forth in subdivision (2) of Section 20-2-180,
and may also by rule delete any substance previously named as a listed precursor chemical.
In no event shall a chemical also be designated as a listed precursor chemical if it has been
determined to be a controlled substance or an immediate precursor chemical pursuant to the
Alabama Uniform Controlled Substances Act, Section 20-2-1 et seq. (c) If any chemical is designated
or deleted as a listed precursor chemical under federal law and notice thereof is given to
the Board of Pharmacy, the board shall similarly list or delete the substance under this article
after the expiration of 30 days from publication in the...
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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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20-2-182
Section 20-2-182 License required for furnishing listed precursor chemical; licensing procedure;
record of transactions. (a) A manufacturer, wholesaler, retailer, or other person who sells,
transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor
chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued
by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary
of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire
on December 31 of even-numbered years. Every holder of such a license in order to continue
to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The
renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered
years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or
her license at the discretion of the board. If any holder of...
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20-2-180
Section 20-2-180 Definitions. As used in this article and unless otherwise specified, the following
terms are defined as follows: (1) BOARD or BOARD OF PHARMACY. The Alabama State Board of Pharmacy.
(2) LISTED PRECURSOR CHEMICAL. A chemical substance specifically designated as such by the
Alabama State Board of Pharmacy, that, in addition to legitimate uses, is used in the unlawful
manufacture of a controlled substance or controlled substances. (3) PERSON. Any individual,
corporation, partnership, association, or other entity which manufactures, sells, transfers,
or possesses a listed precursor chemical. (Acts 1991, No. 91-589, p. 1085, §1; Act 2001-971,
3rd Sp. Sess., p. 873, §2.)...
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20-2-185
Section 20-2-185 Reporting transactions - Board to supply form. (a) Any person who sells, transfers,
purchases for resale, or otherwise furnishes to a person in this state a listed precursor
chemical shall submit a report of the transaction on a form obtained from the Board of Pharmacy
that includes the information required by Section 20-2-183. (b) The Board of Pharmacy shall
supply, upon the request of any manufacturer, wholesaler, retailer, or other person who sells,
transfers, purchases for resale, or otherwise furnishes a listed precursor chemical a form
for the submission of: (1) The report required by subsection (a); (2) The name and measured
amount of the listed precursor chemical delivered; (3) Such other information as the board
may require pursuant to agency rule of the Board of Pharmacy. (Acts 1991, No. 91-589, p. 1085,
§6.)...
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20-2-186
Section 20-2-186 Procedure upon discovery of loss or theft of chemicals - Records - Audits
and inspections of records. (a) Any person, licensed or permitted, who discovers a loss or
theft of, or disposes of a chemical listed in Section 20-2-181 shall: (1) Submit a report
of the loss, theft, or disposal to the Board of Pharmacy no later than the third business
day after the date the manufacturer, wholesaler, retailer, or other person discovers the loss
or theft, or after the actual disposal; and (2) Include the amount of loss, theft, or disposal
in the report. Any disposal of listed precursor chemicals must be done in accordance with
the rules and regulations of the United States Environmental Protection Administration and
shall be performed at the expense of the permit or license holder. (b) A manufacturer, wholesaler,
retailer, or other person who sells, transfers, possesses, uses, or otherwise furnishes any
listed precursor chemical shall: (1) Maintain records as specified in Section...
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20-2-2
Section 20-2-2 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner
or, in his or her presence, his or her authorized agent. b. The patient or research subject
at the direction and in the presence of the practitioner. (2) AGENT. An authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The
term does not include a common or contract carrier, public warehouseman, or employee of the
carrier or warehouseman. (3) CERTIFYING BOARDS. The State Board of Medical Examiners, the
State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the
State Board of Podiatry, and the State Board of Veterinary Medical...
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20-2-183
Section 20-2-183 Permit for possession; requirements to receive permit; copies. (a) Any person
having a legitimate need for using a listed precursor chemical defined in Section 20-2-181,
shall apply in person to the Board of Pharmacy for a permit to possess such chemical each
time said chemical is obtained. (b) The following must be submitted in person to the Board
of Pharmacy to receive a permit for possession of listed precursor chemicals: (1) A driver's
license number or other personal identification certificate number, date of birth, residential
or mailing address, other than a post office box number, and a driver's license or personal
identification card issued by the Alabama State Law Enforcement Agency which contains a photograph
of the recipient; (2) In the event the applicant is a corporation, the information in this
section shall be required of the person making application for the permit. In addition, the
person making application for the permit on behalf of a corporation...
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34-23-1
Section 34-23-1 Definitions. For the purpose of this chapter, the following words and phrases
shall have the following meanings: (1) ASSOCIATION. The Alabama Pharmacy Association. (2)
BIOLOGICAL PRODUCT. Has the same meaning as the term as defined in 42 U.S.C. §262. (3) BOARD
or STATE BOARD. The Alabama State Board of Pharmacy. (4) CHEMICAL. Any substance of a medicinal
nature, whether simple or compound, obtained through the process of the science and art of
chemistry, whether of organic or inorganic origin. (5) DISPENSE. To sell, distribute, administer,
leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user
or his or her agent. (6) DRUGS. All medicinal substances, preparations, and devices 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 disease in man or animal...
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20-2-20
Section 20-2-20 Administration of chapter. (a) The State Board of Health, unless otherwise
specified, shall administer this chapter and may add substances to or delete or reschedule
all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29,
or 20-2-31 pursuant to the procedures of the State Board of Health. In making a determination
regarding a substance, the State Board of Health shall consider all of the following: (1)
The actual or relative potential for abuse. (2) The scientific evidence of its pharmacological
effect, if known. (3) The state of current scientific knowledge regarding the substance. (4)
The history and current pattern of abuse. (5) The scope, duration, and significance of abuse.
(6) The risk to the public health. (7) The potential of the substance to produce psychic or
physiological dependence liability. (8) Whether the substance is an immediate precursor of
a substance already controlled under this chapter. (b) After considering the...
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