Code of Alabama

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22-6-123
Section 22-6-123 Considerations for inclusions on preferred drug list; review; adoption of
list. (a) Drugs will be considered for the Medicaid preferred drug list based on clinical
efficacy, side effect profiles, appropriate usage, and cost effectiveness. (b) The Medicaid
Pharmacy and Therapeutics Committee shall perform a thorough review of relevant clinical and
medical considerations, including, but not limited to: Medicaid Drug Utilization Review (DUR)
data; Surveillance Utilization Review (SUR) data; potential abuse, misuse, or inappropriate
use in prescribing and/or dispensing patterns; inconsistency with FDA approved labeling, inconsistency
with uses recognized in the American Hospital Formulary Service Drug Information, and the
American Medical Association Drug Evaluations, or the U.S. Pharmacopoeia Dispensing Information.
(c) The Medicaid Pharmacy and Therapeutics Committee shall recommend and the Medicaid Agency
shall adopt an initial Medicaid preferred drug list not later...
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22-6-122
Section 22-6-122 Medicaid Pharmacy and Therapeutics Committee - Classification and recommendation
of drugs; assurance of quality patient care; review of pharmaceutical products. (a) The Medicaid
Pharmacy and Therapeutics Committee shall review and recommend classes of drugs to the Medicaid
Commissioner for inclusion in the Medicaid Preferred Drug Plan. Class means a therapeutic
group of pharmaceutical agents approved by the FDA as defined by the American Hospital Formulary
Service. The classes of anti-retroviral and anti-psychotic drugs shall not be included in
the Medicaid Preferred Drug Plan. (b) The Medicaid Pharmacy and Therapeutics Committee shall
develop its preferred drug list recommendations by considering the clinical efficacy, safety,
and cost effectiveness of a product. Within each covered class, the committee shall review
and recommend drugs to the Medicaid Commissioner for inclusion on a preferred drug list. Generics
and over the counter drugs covered by Medicaid may be...
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22-6-121
Section 22-6-121 Medicaid Pharmacy and Therapeutics Committee - Composition; meetings. (a)
The Alabama Medicaid Agency shall utilize a Medicaid Pharmacy and Therapeutics Committee within
the agency for the purpose of advising and assisting Medicaid in the development of a preferred
drug plan pursuant to 42 U.S.C. ยง1396r-8. (b) The Medicaid Pharmacy and Therapeutics Committee
shall be comprised and consist of three clinical pharmacists licensed to practice in the State
of Alabama and at least five physicians licensed to practice medicine in the State of Alabama.
Physician members will be appointed by the Medicaid Commissioner from a list of at least two
nominees for each position submitted by the Medical Association of the State of Alabama. Clinical
pharmacist members will be nominated by the Alabama Pharmacy Association and appointed by
the Medicaid Commissioner. Members of the Medicaid Pharmacy and Therapeutics Committee should
be enrolled Medicaid providers and have experience...
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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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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings: (1) DRUG.
Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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34-11-11.2
Section 34-11-11.2 Complaints; investigation; hearing; sanctions. (a) Any person or entity,
including the board or its staff, may file a complaint alleging a violation of this chapter
against any individual licensee, certified intern, or firm holding a certificate of authorization
or against an unlicensed individual or firm. The complaint shall be in writing, shall be signed
by the complainant, shall state specifically the facts on which the complaint is based, and
shall be filed with the executive director of the board. (b) The board may designate one or
more individuals to investigate and report to it on any matter related to its lawful duties
and may employ legal counsel as the board may deem necessary or desirable. An investigation
may be made upon receipt of a complaint. The board may resolve violations by agreement between
the board and the respondent with or without the filing of formal charges. (c) All complaints
shall be reviewed by an investigative committee designated by the...
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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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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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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination 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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