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20-2-213
Section 20-2-213 Reporting requirements. (a) Each of the entities designated in subsection
(b) shall report to the department, or to an entity designated by the department, controlled
substances prescription information as designated by regulation pertaining to all Class II,
Class III, Class IV, and Class V controlled substances in such manner as may be prescribed
by the department by regulation. (b) The following entities or practitioners are subject to
the reporting requirements of subsection (a): (1) Licensed pharmacies, not including pharmacies
of general and specialized hospitals, nursing homes, and any other health care facilities
which provide inpatient care, so long as the controlled substance is administered and used
by a patient on the premises of the facility. (2) Mail order pharmacies or pharmacy benefit
programs filling prescriptions for or dispensing controlled substances to residents of this
state. (3) Licensed physicians, dentists, podiatrists, or optometrists who...
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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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20-2-212
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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20-2-214
Section 20-2-214 Limited access to database permitted for certain persons or entities. (a)
The following persons or entities shall be permitted access to the information in the controlled
substances database, subject to the limitations indicated below: (1) Authorized representatives
of the certifying boards; provided, however, that access shall be limited to information concerning
the licensees of the certifying board, however, authorized representatives from the Board
of Medical Examiners may access the database to inquire about certified registered nurse practitioners
(CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama Controlled Substances
Registration Certificate (QACSC). (2) A licensed practitioner approved by the department who
has authority to prescribe, dispense, or administer controlled substances. The licensed practitioner's
access shall be limited to information concerning himself or herself, registrants who possess
a Qualified Alabama Controlled...
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20-2-217
Section 20-2-217 Surcharge on controlled substance registration certificate. There is hereby
assessed a surcharge in the amount of ten dollars ($10) per year on the controlled substance
registration certificate of each licensed medical, dental, podiatric, optometric, and veterinary
medicine practitioner authorized to prescribe or dispense controlled substances and on the
Qualified Alabama Controlled Substances Registration Certificate (QACSC) of each licensed
assistant to physician, certified registered nurse practitioner, or certified nurse midwife.
This surcharge shall be effective for every practitioner certificate and every Qualified Alabama
Controlled Substances Registration Certificate (QACSC) issued or renewed, shall be in addition
to any other fees collected by the certifying boards, and shall be collected by each of the
certifying boards and remitted to the department at such times and in such manner as designated
in the regulations of the department. The proceeds of the...
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20-2-211
Section 20-2-211 Definitions. For the purposes of this article, the following terms shall have
the respective meanings ascribed by this section: (1) CERTIFYING BOARDS. Those boards designated
in subdivision (3) of Section 20-2-2. (2) CONTROLLED SUBSTANCE. Any drug or medication defined
as a controlled substance within the meaning of subdivision (4) of Section 20-2-2. (3) DEPARTMENT.
The Alabama Department of Public Health. (4) LICENSING BOARD OR COMMISSION. The board, commission,
or other entity that is authorized to issue a professional license to a pharmacist or an authorized
practitioner. (5) PHARMACIST. Any person, as defined in subdivision (17) of Section 34-23-1,
licensed by the Alabama State Board of Pharmacy or otherwise permitted by Alabama or federal
law to practice the profession of pharmacy within this state. (6) PHARMACY. A retail establishment,
as defined in subdivision (18) of Section 34-23-1, licensed by the Alabama State Board of
Pharmacy. (7) PRACTITIONER or...
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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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34-23-11
Section 34-23-11 Physicians, dentists, registered nurses, etc., exempt from chapter. (a) Nothing
contained in this chapter shall prevent any licensed practitioner of the healing arts from
personally compounding, dispensing, administering, or supplying to his or her patient drugs
and medicines for their use. This chapter shall not apply to the manufacture or sale at wholesale
or retail of patent or proprietary medicines as purchased from a manufacturer or wholesaler,
or to the manufacture or sale at wholesale or retail of packaged, bottled, or nonbulk chemicals,
medicines, medical and dental supplies, cosmetics, and dietary foods when identified by and
sold under a trademark, trade name, or other trade symbol, privately owned or registered in
the United States Patent Office, sold or offered to be sold to the general public, if the
article meets the requirements of the Federal Food, Drug, and Cosmetic Act other than prescription
legend drugs. (b) A registered nurse in the employment of...
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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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34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary action
as outlined in subsection (b) whenever it shall be established to the satisfaction of the
board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been
guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any license,
license certificate, annual registration certificate, money, or other thing of value. (2)
Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
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