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40-23-4.1
Section 40-23-4.1 Certain drugs exempt. (a) The term "drugs" shall include any medicine
prescribed by physicians when the prescription is filled by a licensed pharmacist, or sold
to the patient by the physician, for human consumption or intake. (b) In addition to any and
all items exempt from gross sales tax, certain drugs, as defined in subsection (a) of this
section, shall be exempt from state gross sales taxes as defined in Section 40-23-2. (Acts
1981, No. 81-663, p. 1084.)...
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34-23-150
Section 34-23-150 Definitions. As used in this article, the following terms shall have the
following meanings: (1) BOARD. The Alabama State Board of Pharmacy. (2) COMPONENT. Any ingredient
used in the compounding of a drug product. (3) COMPOUNDING. The preparation, mixing, assembling,
packaging, and labeling of a drug or device as the result of a licensed practitioner's prescription
drug order or initiative based on the practitioner/patient/pharmacist relationship in the
course of professional practice. a. Compounding may also be for the purpose of, or as incident
to, research, teaching, or chemical analysis. b. Compounding includes the preparation of drugs
or devices in anticipation of prescription drug orders based on routine, regularly observed
prescribing patterns. c. Reconstitution of commercial products is not considered compounding
for purposes of this article. (4) COMPOUNDED OVER THE COUNTER (OTC) PRODUCTS. A medical product
that is prepared, packaged, and labeled in a pharmacy...
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36-29-18
Section 36-29-18 Generic equivalent medications. As a condition of participation in an insurance
policy of the State Employees Insurance Board (SEIB) a pharmacist shall dispense a generic
equivalent medication to fill a prescription for a patient covered by SEIB when one is available
unless the physician indicates in longhand writing on the prescription "medically Necessary"
or "dispense as written" or "do not substitute". The generic equivalent
drug product dispensed shall be pharmaceutically and therapeutically equivalent and contain
the same active ingredient, or ingredients, and shall be of the same dosage, form, and strength.
(Act 2002-266, p. 549, ยง1.)...
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27-45-2
Section 27-45-2 Definitions. As used in this article, the following terms shall have the respective
meanings herein set forth, unless the context shall otherwise require: (1) ALABAMA INSURANCE
CODE. Title 27 of the Code of Alabama 1975. (2) INSURER. Such term shall have the meaning
ascribed in Section 27-1-2. (3) PERSON. Such term shall have the meaning ascribed in Section
27-1-2. (4) COMMISSIONER and DEPARTMENT. Such terms, respectively, shall have the meanings
ascribed in Section 27-1-2. (5) CONTRACTUAL OBLIGATION. Any obligation under covered policies
or employee benefit plans. (6) COVERED POLICY OR PLAN. Any policy, employee benefit plan,
or contract within the scope of this article. (7) HEALTH INSURANCE POLICY. Any individual,
group, blanket, or franchise insurance policy, insurance agreement, or group hospital service
contract providing for pharmaceutical services, including without limitation, prescription
drugs, incurred as a result of accident or sickness, or to prevent same....
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34-22-4
Section 34-22-4 Limitation on application of chapter. (a) It is not the intent of this chapter
to prevent any school teacher, welfare worker, state, county, municipality, or other public
board, body, agency, institution, or official from determining in the course of their official
duties the probable need of visual services; provided, that the aforenamed person or agency
does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner
and complies with the provisions of Section 38-1-2. (b) A license to practice optometry shall
not be required for the sale, preparation, or dispensing of eyeglasses or spectacles in a
retail optical dispensary or from a store, shop, or other permanently established place of
business with an optical department on prescription of a duly licensed physician skilled in
diseases of the eyes or a duly licensed optometrist authorized to practice under the laws
of this state. Contact lenses may be sold or dispensed in a retail optical...
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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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20-2-60
Section 20-2-60 Definitions. As used in this article the following words shall have the following
meanings: (1) ADMINISTER. The direct application of a controlled substance, whether by injection,
inhalation, ingestion, or any other means, to the body of a patient by any of the following:
a. A supervising physician, or, in his or her presence, his or her authorized agent. b. An
assistant to physician. c. The patient at the direction and in the presence of the supervising
physician or assistant to physician. (2) ASSISTANT TO PHYSICIAN. Any person who is a graduate
of an approved program, is licensed by the board, and is registered by the board to perform
medical services under the supervision of a physician approved by the board to supervise an
assistant to physician. (3) BOARD. The Board of Medical Examiners of the State of Alabama.
(4) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to physician
and a supervising physician under whom the assistant to physician...
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40-26B-1
Section 40-26B-1 Definitions. The following words, terms and phrases, when used in this article
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) DEPARTMENT. The Department of Revenue of the State of Alabama.
(2) FISCAL YEAR. An accounting period of 12 months beginning on the first day of the first
month of the state fiscal year. (3) MEDICAID PROGRAM. The medical assistance program as established
in Title XIX of the Social Security Act and as administered in the State of Alabama by the
Alabama Medicaid Agency pursuant to executive order and Title 560 of the Alabama Administrative
Code. (4) PHARMACEUTICAL PROVIDER. A provider of drugs, medicines, chemicals and poisons which,
pursuant to a valid prescription, are offered for sale, compounded or dispensed to citizens
of Alabama. This term shall include all places whose title may imply the sale, offering for
sale, compounding or dispensing, of drugs, medicines,...
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34-23-33
Section 34-23-33 Revocation, suspension, etc., of license or certificate; non-disciplinary
administrative penalty. (a) The board may revoke, suspend, place on probation, or require
remediation for any licensed pharmacist or a holder of a pharmacy intern or extern certificate
for a specified time as determined by the board and take the same or similar action against
the permit to operate any pharmacy in this state, whenever the board finds by a preponderance
of the evidence, or pursuant to a consent decree, that the pharmacist has been guilty of any
of the following acts or offenses: (1) Obtaining a license, permit, or registration from the
board by fraudulent means. (2) Violation of the laws regulating the sale or dispensing of
narcotics, exempt narcotics, or drugs bearing the label "caution, federal law prohibits
dispensing without prescription," or similar wording which causes the drugs to be classified
as prescription legend drugs. (3) Conviction of a felony. A copy of the record of...
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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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