Code of Alabama

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20-2-216
Section 20-2-216 Unauthorized disclosure of information; unauthorized access, alteration, or
destruction of information. Any person who intentionally makes an unauthorized disclosure
of information contained in the controlled substances prescription database shall be guilty
of a Class A misdemeanor. Any person or entity who intentionally obtains unauthorized access
to or who alters or destroys information contained in the controlled substances prescription
database shall be guilty of a Class C felony. (Act 2004-443, p. 781, ยง7.)...
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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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12-19-180
Section 12-19-180 Criminal history processing fee; allocation of monies; access to court data
from within and without Unified Judicial System; user fees to be deposited in Court Automation
Fund; section not bar to public access to court records. (a) In addition to all other costs,
fees, or fines prescribed by law, each person convicted of a crime in a municipal, district,
or circuit court, except traffic cases which do not involve driving under the influence of
alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and
juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30).
The assessment shall be automatically assessed by the clerk of the court upon conviction.
(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated
Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund,
and a fund to be designated as the Criminal Justice Information...
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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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20-2-214
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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20-2-215
Section 20-2-215 Confidentiality of database. (a) The controlled substances database and all
information contained therein and any records maintained by the department or by any entity
contracting with the department which is submitted to, maintained, or stored as a part of
the controlled substances prescription database, and any reproduction or copy of that information
is declared privileged and confidential, is not a public record, and is not subject to subpoena
or discovery in civil proceedings. This information is considered clinical in nature, subject
to medical interpretation, and may only be used for any of the following: (1) Investigatory
or evidentiary purposes related to violations of state or federal law. (2) Regulatory activities
of licensing or regulatory boards of practitioners authorized to prescribe or dispense controlled
substances. (3) Informing pharmacists and practitioners in prescribing or dispensing controlled
substances. (4) Bona fide statistical, research, or...
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27-62-4
Section 27-62-4 Information security program. (a) Commensurate with the size and complexity
of the licensee, the nature and scope of the activities of the licensee, including its use
of third-party service providers, and the sensitivity of the nonpublic information used by
the licensee or in the possession, custody, or control of the licensee, each licensee shall
develop, implement, and maintain a comprehensive written information security program based
on the risk assessment of the licensee that contains administrative, technical, and physical
safeguards for the protection of nonpublic information and the information system of the licensee.
(b) The information security program of a licensee shall be designed to do all of the following:
(1) Protect the security and confidentiality of nonpublic information and the security of
the information system. (2) Protect against any threats or hazards to the security or integrity
of nonpublic information and the information system. (3) Protect...
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20-2-91
Section 20-2-91 Inspection of stocks of controlled substances and prescriptions, orders, etc.,
required by chapter; disclosure of information as to prescriptions, orders, etc., by enforcement
personnel. (a) Prescriptions, orders, and records required by this chapter and stocks of controlled
substances enumerated in Schedules I, II, III, IV, and V shall be open for inspection only
to federal, state, county, and municipal officers, the investigators of the Board of Dental
Examiners, and the agents and officers of the Alabama State Law Enforcement Agency whose duty
it is to enforce the laws of this state or of the United States relating to controlled substances.
(b) No officer having knowledge by virtue of his office of any such prescription, order, or
record shall divulge such knowledge, except in connection with a prosecution or proceeding
in court or before a licensing board or officer, to which prosecution or proceeding the person
to whom such prescriptions, orders, or records relate...
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20-2-58
Section 20-2-58 Dispensing of controlled substances in Schedule II; maintenance of records
and inventories by registered pharmacies. (a) Except as otherwise provided in this section
or as otherwise provided by law, a pharmacist may dispense directly a controlled substance
in Schedule II only pursuant to a written prescription signed by the practitioner. Except
as provided in subsections (b) and (c), a prescription for a Schedule II controlled substance
may be transmitted by the practitioner or the agent of the practitioner to a pharmacy via
facsimile equipment; provided, the original written, signed prescription is presented to the
pharmacist for review prior to the actual dispensing of the controlled substance. (b) A prescription
written for a Schedule II narcotic substance to be compounded for the direct administration
to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion
may be transmitted by the practitioner or the agent of the practitioner...
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34-24-604
Section 34-24-604 Annual registration. (a) Beginning January 1, 2014, and continuing each year
thereafter: (1) All physicians providing pain management services shall obtain a pain management
registration from the board. (2) All physicians who otherwise meet the criteria established
by the board shall obtain a pain management registration from the board. (b) To register,
a physician applicant shall submit the following to the board: (1) A completed application
on a form prescribed by the board. (2) Proof of a current drug enforcement administration
registration. (3) Proof of an Alabama controlled substances certificate. (4) Proof of a current
registration with the Alabama Prescription Drug Monitoring Program. (5) A list of all registrants
who own, co-own, operate, or provide pain management services in the practice location. (6)
The disclosure of any controlled substances certificate or registration denial, restriction,
or discipline imposed on the registrant, or any disciplinary act...
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