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20-2-54
Section 20-2-54 Registration of persons manufacturing, distributing or dispensing controlled
substances - Revocation or suspension of registration - Grounds and procedure generally. (a)
A registration under Section 20-2-52 to manufacture, distribute or dispense a controlled
substance may be suspended or revoked by the certifying boards upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any application filed under
this article; (2) Has been convicted of a crime under any state or federal law relating to
any controlled substance; (3) Has had his federal registration suspended or revoked to manufacture,
distribute or dispense controlled substances; (4) Has violated the provisions of Chapter 23
of Title 34; or (5) Has, in the opinion of the certifying board, excessively dispensed controlled
substances for any of his patients. a. A registrant may be considered to have excessively
dispensed controlled substances if his certifying board finds...
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20-2-2
Section 20-2-2 Definitions. When used in this chapter, the following words and phrases
shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or research subject by: a. A practitioner
or, in his or her presence, his or her authorized agent. b. The patient or research subject
at the direction and in the presence of the practitioner. (2) AGENT. An authorized person
who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The
term does not include a common or contract carrier, public warehouseman, or employee of the
carrier or warehouseman. (3) CERTIFYING BOARDS. The State Board of Medical Examiners, the
State Board of Health, the State Board of Pharmacy, the State Board of Dental Examiners, the
State Board of Podiatry, and the State Board of Veterinary Medical...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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20-2-52
Section 20-2-52 Registration of persons manufacturing, distributing or dispensing controlled
substances - Standards; requirements as to practitioners conducting research; effect of federal
registration. (a) The certifying boards shall register only an applicant certified by their
respective boards to manufacture, dispense, or distribute controlled substances enumerated
in Schedules I, II, III, IV and V; provided, that the State Board of Pharmacy shall register
all manufacturers and wholesalers unless they determine that the issuance of that registration
would be inconsistent with the public interest. In determining the public interest, the above-mentioned
boards shall consider the following factors: (1) Maintenance of effective controls against
diversion of controlled substances into other than legitimate medical, scientific, or industrial
channels; (2) Compliance with applicable state and local law; (3) Any convictions of the applicant
under any federal and state laws relating to any...
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20-2-53
Section 20-2-53 Registration of persons manufacturing, distributing or dispensing controlled
substances - Order to show cause; proceedings; review; issuance of stay. (a) Before denying,
suspending, or revoking a registration or refusing a renewal of registration, the certifying
boards shall serve upon the applicant or registrant an order to show cause why registration
should not be denied, revoked, or suspended or why the renewal should not be refused. The
order to show cause shall contain a statement of the basis therefor and shall call upon the
applicant or registrant to appear before the certifying board at a time and place not less
than 30 days after the date of service of the order, but in the case of a denial of renewal
of registration the show cause order shall be served not later than 30 days before the expiration
of the registration. These proceedings shall be conducted in accordance with the Alabama Administrative
Procedure Act and the procedures established by the respective...
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34-24-603
Section 34-24-603 Definitions. Unless otherwise indicated from the context, the terms
set out below, as used in this article shall have the following meanings: (1) APPLICANT. A
person who has submitted or that is in the process of submitting a registration under this
article. (2) BOARD. The Alabama Board of Medical Examiners. (3) CONTROLLED SUBSTANCE. A drug,
substance, or immediate precursor identified, defined, or listed in Sections 20-2-20 to 20-2-32,
inclusive. (4) HOSPITAL. A health care institution licensed by the Alabama Department of Public
Health and has the same definition as provided in Chapter 420-5-7 of the Alabama Administrative
Code. The term shall include any outpatient facility or clinic that is separated from the
hospital that is owned, operated, or controlled by the hospital. (5) PAIN MANAGEMENT SERVICES.
Those medical services that involve the prescription of controlled substances in order to
treat chronic nonmalignant pain by a physician who treats pain. (6)...
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34-24-61
Section 34-24-61 Controlled substance registration certificate; continuing medical education;
dismissal of revocation, etc. (a) The State Board of Medical Examiners, when acting in the
capacity of a certifying board under the Alabama Uniform Controlled Substances Act, Section
20-2-1, et seq., may, within its discretion and for cause, order, and direct that a physician
or osteopath holding a registration certificate successfully complete a course or courses
of continuing medical education on subjects related to the prescribing, dispensing, administering,
or furnishing of controlled substances. The course or courses of continuing medical education
ordered by the board under this section may not exceed 50 credit hours of instruction
within the calendar year in which the order is entered. Failure or refusal to comply with
an order or directive of the board entered pursuant to this section shall constitute
grounds, after notice and hearing, for the suspension of the controlled substance...
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20-2-51
Section 20-2-51 Registration of persons manufacturing, distributing, or dispensing controlled
substances - General requirements. (a) Every person who manufactures, distributes, or dispenses
any controlled substance within this state or who proposes to engage in the manufacture, distribution,
or dispensing of any controlled substance within this state must obtain annually a registration
issued by the certifying boards in accordance with its rules. (b) Persons registered by the
certifying boards under this chapter to manufacture, distribute, dispense, or conduct research
with controlled substances may possess, manufacture, distribute, dispense, or conduct research
with those substances to the extent authorized by their registration and in conformity with
the other provisions of this article. (c) The following persons need not register and may
lawfully possess controlled substances under this article: (1) An agent or employee of any
registered manufacturer, distributor, or dispenser of...
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20-2-65
Section 20-2-65 Disciplinary action - Hearing; restriction, suspension, or revocation
of certificate. (a) Any hearing for disciplinary action against an assistant to physician
holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations
of this article shall be before the board. (b) The board shall have the authority to restrict,
suspend, or revoke a Qualified Alabama Controlled Substances Registration Certificate, or
to assess an administrative fine against a Qualified Alabama Controlled Substances Registration
Certificate whenever an assistant to physician shall be found guilty on the basis of substantial
evidence of any of the acts or offenses enumerated in Section 20-2-64. The board shall
also have the authority to reinstate or to deny reinstatement of a Qualified Alabama Controlled
Substances Registration Certificate. (c) The board may limit revocation or suspension of a
Qualified Alabama Controlled Substances Registration Certificate to the...
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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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