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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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26-23A-4
Section 26-23A-4 Voluntary and informed consent required for abortion. Except in the
case of a medical emergency, no abortion shall be performed or induced without the
voluntary and informed consent of the woman upon whom the abortion is to be performed
or induced. Except in the case of a medical emergency, consent to an abortion is voluntary
and informed if and only if: (a) At least 48 hours before the abortion, the physician
who is to perform the abortion, the referring physician, or a qualified person has
informed and provided the woman in person, or by return receipt certified mail restricted
delivery, and if by mail, again in person prior to the abortion, a copy of the printed
materials in Section 26-23A-5 which list agencies that offer assistance, adoption agencies,
development of the unborn child, methods and risks of abortion and childbirth, father's
obligations, and alternatives to abortion. Mailing of the materials in Section 26-23A-5
may be arranged by telephone. (b) Prior...
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34-5A-1
Section 34-5A-1 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) APPLIED BEHAVIOR ANALYSIS DIRECT CONTACT TECHNICIAN. An individual
who directly implements applied behavior analysis services. (2) BOARD. The Alabama Behavior
Analyst Licensing Board charged with overseeing the regulation of behavior analyst professionals.
(3) CERTIFYING ENTITY. The nationally accredited Behavior Analyst Certification Board, Incorporated.
(4) LICENSED ASSISTANT BEHAVIOR ANALYST. An individual who is certified by the certifying
entity as a board certified assistant behavior analyst and who satisfies the criteria identified
in Section 34-5A-4. (5) LICENSED BEHAVIOR ANALYST. An individual who is certified by the certifying
entity as a board certified behavior analyst and who satisfies the criteria identified in
Section 34-5A-4. (6) PRACTICE OF BEHAVIOR ANALYSIS. The design, implementation, and evaluation
of instructional and environmental modifications...
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20-1-20
Section 20-1-20 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ARTICLE. When referring to food or drugs, such term is used in the broad and comprehensive
sense and has reference to the food product or the drug product in question. (2) BABY FOOD.
A food which purports to be or is represented for special dietary use as a food for babies
by reason of its special formulation or its particular suitability for children under two
years of age. (3) BOARD. The State Board of Agriculture and Industries. (4) CLASS A FOODS.
Baby food, infant formula, and potentially hazardous food. (5) COMMISSIONER. The Commissioner
of Agriculture and Industries. (6) DEALER. A manufacturer, wholesaler, retailer, jobber, and
similar establishments, mobile or permanent, engaged in the sale of food for consumption on
premises. (7) DEPARTMENT. The Department of Agriculture and Industries. (8)...
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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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22-18-41
Section 22-18-41 Advanced life support techniques; procurement, carriage, and use of drugs
and fluids; performance of services. (a) The board may by rule designate certain procedures
as advanced life support techniques, which may be performed by EMSP during emergencies, such
as situations where the life, health, or safety of a prehospital patient is in immediate jeopardy.
The board may prescribe by rule the qualifications and certification necessary for personnel
performing advanced life support techniques, and the specific conditions under which the techniques
may be performed by EMSP. Notwithstanding any statutory provision to the contrary, EMSP who
possess the necessary qualifications and certification prescribed by the board shall not be
deemed to have engaged in the unlawful practice of medicine when performing advanced life
support techniques in accordance with the constraints established by the board. (b) Fluids
and drugs may be carried only by a properly licensed provider...
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27-1-10.1
Section 27-1-10.1 Insurance coverage for drugs to treat life-threatening illnesses. (a) The
Legislature finds and declares the following: (1) The citizens of this state rely upon health
insurance to cover the cost of obtaining health care and it is essential that the citizens'
expectation that their health care costs will be paid by their insurance policies is not disappointed
and that they obtain the coverage necessary and appropriate for their care within the terms
of their insurance policies. (2) Some insurers deny payment for drugs that have been approved
by the Federal Food and Drug Administration, hereafter referred to as FDA, when the drugs
are used for indications other than those stated in the labelling approved by the FDA, off-label
use, while other insurers with similar coverage terms do pay for off-label use. (3) Denial
of payment for off-label use can interrupt or effectively deny access to necessary and appropriate
treatment for a person being treated for a...
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20-2-250
Section 20-2-250 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 collaborating physician or, in his or her presence, his or her authorized agent. b. A
certified registered nurse practitioner or certified nurse midwife. c. The patient at the
direction and in the presence of the collaborating physician, certified registered nurse practitioner,
or certified nurse midwife. (2) BOARD. The Board of Medical Examiners of the State of Alabama.
(3) CERTIFIED NURSE MIDWIFE or CNM. An advanced practice nurse who is subject to a collaborative
practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article
5, and who has advanced knowledge and skills relative to the management of women's health
care focusing on pregnancy, childbirth, the...
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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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22-11A-21
Section 22-11A-21 Penalties for treating or preparing medicine without a license; penalty for
person afflicted with sexually transmitted disease to transmit such disease to another person.
(a) Any person who shall treat or prescribe for any person having a sexually transmitted disease
except a physician licensed to practice medicine in Alabama by the Medical Licensure Commission
shall be guilty of a Class C misdemeanor. (b) Any druggist or other person who shall sell
any drug, medicine or preparation or preparations advertised, called for, labeled or intended
to be used as a cure or treatment for a sexually transmitted disease, except on the written
prescription of a licensed physician, shall be guilty of a Class C misdemeanor. (c) Any person
afflicted with a sexually transmitted disease who shall knowingly transmit, or assume the
risk of transmitting, or do any act which will probably or likely transmit such disease to
another person shall be guilty of a Class C misdemeanor. (Acts...
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