1 HB75
2 214744-5
3 By Representative Lee
4 RFD: Boards, Agencies and Commissions
5 First Read: 11-JAN-22
Page 0 1 214744-5:n:11/15/2021:FC/ma LSA2021-1748R4
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8 SYNOPSIS: Under existing law, the Board of Pharmacy
9 notifies a licensed pharmacist or a permitted
10 pharmacy of charges to revoke the license of the
11 pharmacist or the pharmacy permit by registered or
12 certified mail.
13 This bill would authorize the delivery of
14 the charges to a person or entity regulated by the
15 board, by a recognized delivery or courier service
16 selected by the board.
17 Under existing law, the Board of Pharmacy
18 mails ballots to licensed pharmacists relating to
19 the election of members of the board. Existing law
20 also provides for a canvassing committee to
21 tabulate the ballots.
22 This bill would provide for elections of
23 board members to be conducted by a third party. The
24 bill would delete provisions for the canvassing
25 committee and to further provide for the tabulation
26 of the ballots.
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Page 1 1 A BILL
2 TO BE ENTITLED
3 AN ACT
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5 Relating to the Board of Pharmacy; to amend Section
6 34-23-34 of the Code of Alabama 1975, to further authorize the
7 board to provide for the method of delivery of charges
8 relating to disciplinary action on a person or entity
9 regulated by the board; and to amend Section 34-23-90 of the
10 Code of Alabama 1975, relating to the election of members of
11 the board by licensed pharmacists; to provide for the election
12 of board members to be conducted by a third party; and to
13 delete provisions for a canvassing committee to tabulate the
14 ballots and further provide for the tabulation of the ballots.
15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16 Section 1. Section 1. Sections 34-23-34 and 34-23-90
17 of the Code of Alabama 1975, are amended to read as follows:
18 "§34-23-34.
19 "No action to revoke or suspend the license of any
20 pharmacist or the permit to operate any pharmacy in this state
21 shall be taken until the licensee or holder of such permit has
22 been furnished a statement in writing of the charges against
23 him or her together with a notice of the time and place of
24 hearing. The statement of charges and notice shall be served
25 upon such a person at least 30 days before the date fixed for
26 the hearing, either personally or by registered or certified
27 mail sent to his or her last known post-office address. No
Page 2 1 disciplinary action relating to the license, registration,
2 certificate, or permit of any person or entity regulated by
3 the board may be taken unless a statement of charges and
4 notice of hearing has been served on the person or entity at
5 least 30 days before the date fixed for the hearing. The
6 board, at its sole discretion, may serve the statement of
7 charges by personal service or by registered or certified mail
8 or delivery by any recognized delivery or courier service to
9 the address of the person or entity in the records of the
10 board. The burden of proof shall be on the board.
11 "§34-23-90.
12 "(a) The Alabama State Board of Pharmacy is vested
13 with the authority to carry out the purposes of and enforce
14 this chapter. The board shall consist of five members who are
15 citizens residents of this state. The members of the board
16 shall be licensed pharmacists who have been licensed in this
17 state for a minimum of five years and who are actively engaged
18 in the practice of pharmacy or pharmacy administration, or
19 both.
20 "(b) Three members shall be appointed by the
21 Governor. Of the three appointed members, one member shall be
22 engaged in the practice of pharmacy or pharmacy
23 administration, or both, in a hospital, one in an independent
24 pharmacy, and one in a chain pharmacy. On or before August 1,
25 1996, and each five years thereafter, or whenever a vacancy
26 occurs in the designated position for hospital pharmacists,
27 the Alabama Society of Health System Pharmacists, or its
Page 3 1 successor organization, shall submit a list of three nominees
2 to the Governor. On or before August 1, 1994, and each five
3 years thereafter, or whenever a vacancy occurs in the
4 designated position for a chain pharmacist, the Alabama
5 Pharmacy Association, or its successor organization, shall
6 submit a list of three nominees to the Governor. On or before
7 August 1, 1997, and each five years thereafter, or whenever a
8 vacancy occurs in the designated position for the independent
9 pharmacist, the independent pharmacist members of the Alabama
10 Pharmacy Association, or its successor organization, shall
11 submit a list of three nominees to the Governor. From the
12 names submitted to the Governor, the Governor shall appoint a
13 replacement on or before December 31 of the same year the
14 nominations are received, for the member or members whose term
15 or terms are expiring. Background information shall be
16 provided for each nominee for an appointed position.
17 "(c)(1) On or before December 1, 1995, and each five
18 years thereafter, and on or before December 1, 1998, and each
19 five years thereafter, or whenever a vacancy occurs in a
20 nondesignated position, the Board of Trustees of the Alabama
21 Pharmacy Association, or its successor organization, shall
22 select a committee of five pharmacists who are members of the
23 association to serve as a nominating committee. No one on
24 member of the nominating committee shall be a candidate. The
25 committee shall receive names of pharmacists actively engaged
26 in pharmacy practice or administration, or both, from
27 companies and individuals, and shall narrow the list of
Page 4 1 nominees to two names to be placed on a ballot to be voted on
2 by all Alabama pharmacists.
3 "(2) The election procedure for a nondesignated slot
4 shall be as follows: Each candidate shall provide a
5 biographical sketch of not more than 150 words, which shall
6 include his or her most recent practice experience. The board
7 shall select a third party to conduct the election and
8 tabulate the ballot results. The board shall mail election
9 ballots and a biographical sketch of the candidates shall be
10 delivered by the third party to Alabama licensed pharmacists
11 by September 1. Completed ballots returned to the board
12 postmarked by October 1 shall be tabulated. The ballot
13 delivery shall be conducted in a secure manner to safeguard
14 organizational data and to ensure the integrity of the voting
15 process. Completed election ballots must be received by the
16 third party no later than October 1 to be tabulated. A
17 pharmacist receiving a majority of the ballots received shall
18 be considered the winner. If a runoff election is necessary,
19 the runoff ballots shall be mailed delivered to licensed
20 pharmacists by November 1 and returned postmarked by December
21 1 by the same method of ballot delivery as provided above.
22 Completed runoff election ballots must be received by the
23 third party no later than December 1 to be tabulated.
24 "(3) A canvassing committee consisting of a
25 representative from the Alabama Pharmacy Association, or its
26 successor organization, Alabama Society of Health System
27 Pharmacists, or its successor organization, Auburn University
Page 5 1 School of Pharmacy, and Samford University School of Pharmacy
2 shall tabulate the ballots. The ballots for each election
3 shall be tabulated by the third party and the results shall be
4 certified and audited by the third party. The results of the
5 tabulation and audit shall be made available to any candidate
6 and to the nominating body upon request.
7 "(d) Any vacancies occurring on the board other than
8 by expiration of term shall be filled by election or
9 appointment only for the unexpired term and shall be filled by
10 the same procedure that the replaced member was elected or
11 appointed. Each member of the board shall serve a term of five
12 years beginning on January 1 following appointment and
13 terminating on December 31 of his or her fifth year as a
14 member of the board.
15 "(e) No pharmacist shall serve two full terms
16 consecutively.
17 "(f) The Governor, upon recommendation of the board,
18 may remove a member of the board upon proven charges of
19 inefficiency, incompetency, immorality, or professional
20 misconduct. The replacement member shall be elected or
21 appointed by the same procedure that the removed member was
22 elected or appointed. Appointees to the board shall within 30
23 days after their appointment or election take an oath or make
24 affirmation before a properly qualified officer that they he
25 or she will faithfully and impartially perform the duties of
26 their his or her office. This oath or affirmation shall be
27 filed with the Secretary of State. At its last regular meeting
Page 6 1 in each calendar year, the board shall organize by electing
2 elect for a term of one year, effective the following January
3 1, a president, a vice-president, and a treasurer who shall be
4 members of the board. No member shall serve more than two
5 years in the same office on the board during a five-year term.
6 The board shall also elect a secretary who shall not serve as
7 a member of the board and the board shall have the authority
8 to fix the amount of the secretary's remuneration. If a board
9 member is selected as secretary, the board member shall resign
10 from the board and a replacement on the board shall be
11 selected by the same procedure by which the resigned member
12 was originally elected or appointed. The secretary shall not
13 be employed during the service by any registrant of the board.
14 "(g) For the purpose of this section, a chain
15 pharmacy shall be is defined as any retail pharmacy employing
16 in Alabama a minimum of 40 full-time equivalent pharmacists. A
17 chain pharmacist is defined as a pharmacist employed on a
18 full-time basis by a chain pharmacy for a minimum of three
19 years.
20 "(h) It is the intent of the Legislature that the
21 composition of the board reflect the demographics of the
22 pharmacy profession. For vacancies occurring after March 18,
23 2005, the nominating organizations and the appointing
24 authorities shall select those persons whose appointments
25 ensure that the membership of the board is inclusive and
26 reflects the racial, gender, geographic, urban/rural, and
27 economic diversity of this state."
Page 7 1 Section 2. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
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