Code of Alabama

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34-23-74
Section 34-23-74 Hospitals and related institutions; automated dispensing systems. (a) Except
as otherwise provided in subsection (b), every pharmacy located in a hospital, skilled nursing
home, or other related institution in this state shall be under the supervision of a licensed
pharmacist. In general hospitals, skilled nursing homes, and extended care facilities not
operating a pharmacy, the drug or medicine room shall be under the direct supervision and
direction of a consulting pharmacist or a member of the medical staff who shall be a licensed
practitioner of medicine. In nursing homes which are not classified by the State Board of
Health as skilled nursing homes, maternity homes, homes for the aged, domiciliary institutions,
and all related institutions except those operated by and in conjunction with a licensed hospital,
medicines or drugs bearing the wording on the label "caution, federal law prohibits dispensing
without prescription" or similar wording that causes the...
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20-3-2
Section 20-3-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ASSISTED LIVING FACILITY. An institution or facility licensed as an assisted
living facility under regulations of the State Board of Health. (2) CHARITABLE CLINIC. The
term includes an established free medical clinic as defined in subdivision (1) of Section
6-5-662 and any community health center provided for under the federal Public Health Service
Law. (3) CHARITABLE PATIENT. For purposes of this chapter, the term shall not include patients
who are eligible to receive drugs under the Alabama Medicaid Program or under any other prescription
drug program funded in whole or in part by the state. (4) DRUGS. All medicinal substances
and preparations 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...
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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. ยง262. (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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22-8B-3
Section 22-8B-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AID IN DYING. The act of a person providing the means or manner for another
person to be able to commit suicide, with actual knowledge that the person deliberately intends
on committing suicide by that means or manner. (2) ARTIFICIALLY PROVIDED NUTRITIONAL HYDRATION.
A medical treatment consisting of the administration of food and water through a tube or intravenous
line, where the recipient is not required to chew or swallow voluntarily. Artificially provided
nutrition and hydration does not include assisted feeding, such as spoon or bottle feeding.
(3) DELIBERATELY. More than knowing the consequences of an act or action; meaning to consider
carefully; done on purpose; intentional; requiring premeditation; with intent to cause the
death of a person. (4) HEALTH CARE PROVIDER. Any individual who may be asked to participate
in any way in a health care service, including, but...
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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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34-2A-11
Section 34-2A-11 Administrators licensed in other state; licensed nursing home administrators;
acute care hospital administrators, etc. (a) The board may, subject to this chapter and the
rules and regulations of the board prescribing the qualifications for an assisted living administrator
license, issue a license to an assisted living administrator who has been issued a license
by the proper authorities of any other state or issued a certificate of qualification by any
national organization, upon complying with the provisions of licensure, payment of a fee established
by the board pursuant to its rule-making authority, and upon submission of evidence satisfactory
to the board of all of the following: (1) That the other state or national organization maintained
a system and standards of qualification and examinations for an assisted living administrator
license or certificate which were substantially equivalent to those required in this state
at the time the other license or certificate...
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34-14C-5
Section 34-14C-5 Exemptions. The licensure requirements of this chapter do not apply to the
following entities or practitioners: (1) Home health agencies certified by the State of Alabama
to participate in the Medicare and Medicaid programs. (2) Hospital based home medical equipment
services, whether or not the services are provided through a separate corporation or other
business entity. (3) Health care practitioners legally eligible to order or prescribe home
medical equipment, or who use home medical equipment to treat patients in locations other
than the patient's residence, including, but not limited to, physicians, nurses, physical
therapists, respiratory therapists, speech therapists, occupational therapists, optometrists,
chiropractors, and podiatrists, except for those practitioners, other than a licensed physician
practicing medicine, who provide home medical equipment services in a patient's residence.
Nothing in this chapter shall be construed as prohibiting or restricting...
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20-3-3
Section 20-3-3 Transfer of legend drugs to charitable clinic. (a)(1) Legend drugs, except controlled
substances, dispensed to a patient in a hospital, nursing facility, assisted living facility,
or specialty care assisted living facility may be donated and transferred pursuant to this
section to a charitable clinic to be used by charitable patients free of charge when all of
the following conditions are met: a. The drugs are no longer needed by the original patient.
b. The drugs have been maintained in accordance with United States Pharmacopoeia and National
Formulary storage requirements. c. The drugs were dispensed by unit dose or an individually
sealed dose. d. The drugs have not expired. (2) Legend drugs, except controlled substances,
dispensed to a patient cared for by a hospice care program may be donated and transferred
pursuant to this section to a charitable clinic to be used by charitable patients free of
charge when all of the following conditions are met: a. The drugs are...
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22-21B-3
Section 22-21B-3 Definitions. The following words and terms shall have the meanings ascribed
to them in this section, unless otherwise required by their respective context: (1) CONSCIENCE.
The religious, moral, or ethical principles held by a health care provider. (2) DISCRIMINATION.
Discrimination includes, but is not limited to: Hiring, termination, refusal of staff privileges,
refusal of board certification, demotion, loss of career specialty, reduction of wages or
benefits, adverse treatment in the terms and conditions of employment, refusal to award any
grant, contract, or other program, or refusal to provide residency training opportunities.
(3) HEALTH CARE PROVIDER. Any individual who may be asked to participate in any way in a health
care service, including, but not limited to: A physician, physician's assistant, nurse, nurse's
aide, medical assistant, hospital employee, clinic employee, nursing home employee, pharmacist,
researcher, medical or nursing school faculty, student,...
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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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