| 14 | | - | 8 Relating to the Board of Pharmacy; to amend Section |
|---|
| 15 | | - | 9 34-23-34 of the Code of Alabama 1975, to further authorize the |
|---|
| 16 | | - | 10 board to provide for the method of delivery of charges |
|---|
| 17 | | - | 11 relating to disciplinary action on a person or entity |
|---|
| 18 | | - | 12 regulated by the board; and to amend Section 34-23-90 of the |
|---|
| 19 | | - | 13 Code of Alabama 1975, relating to the election of members of |
|---|
| 20 | | - | 14 the board by licensed pharmacists; to provide for the election |
|---|
| 21 | | - | 15 of board members to be conducted by a third party; and to |
|---|
| 22 | | - | 16 delete provisions for a canvassing committee to tabulate the |
|---|
| 23 | | - | 17 ballots and further provide for the tabulation of the ballots. |
|---|
| 24 | | - | 18 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 25 | | - | 19 Section 1. Section 1. Sections 34-23-34 and 34-23-90 |
|---|
| 26 | | - | 20 of the Code of Alabama 1975, are amended to read as follows: |
|---|
| 27 | | - | 21 "§34-23-34. |
|---|
| 28 | | - | 22 "No action to revoke or suspend the license of any |
|---|
| 29 | | - | 23 pharmacist or the permit to operate any pharmacy in this state |
|---|
| 30 | | - | 24 shall be taken until the licensee or holder of such permit has |
|---|
| 31 | | - | 25 been furnished a statement in writing of the charges against |
|---|
| 32 | | - | 26 him or her together with a notice of the time and place of |
|---|
| 33 | | - | 27 hearing. The statement of charges and notice shall be served |
|---|
| 34 | | - | Page 1 1 upon such a person at least 30 days before the date fixed for |
|---|
| 35 | | - | 2 the hearing, either personally or by registered or certified |
|---|
| 36 | | - | 3 mail sent to his or her last known post-office address. No |
|---|
| 37 | | - | 4 disciplinary action relating to the license, registration, |
|---|
| 38 | | - | 5 certificate, or permit of any person or entity regulated by |
|---|
| 39 | | - | 6 the board may be taken unless a statement of charges and |
|---|
| 40 | | - | 7 notice of hearing has been served on the person or entity at |
|---|
| 41 | | - | 8 least 30 days before the date fixed for the hearing. The |
|---|
| 42 | | - | 9 board, at its sole discretion, may serve the statement of |
|---|
| 43 | | - | 10 charges by personal service or by registered or certified mail |
|---|
| 44 | | - | 11 or delivery by any recognized delivery or courier service to |
|---|
| 45 | | - | 12 the address of the person or entity in the records of the |
|---|
| 46 | | - | 13 board. The burden of proof shall be on the board. |
|---|
| 47 | | - | 14 "§34-23-90. |
|---|
| 48 | | - | 15 "(a) The Alabama State Board of Pharmacy is vested |
|---|
| 49 | | - | 16 with the authority to carry out the purposes of and enforce |
|---|
| 50 | | - | 17 this chapter. The board shall consist of five members who are |
|---|
| 51 | | - | 18 citizens residents of this state. The members of the board |
|---|
| 52 | | - | 19 shall be licensed pharmacists who have been licensed in this |
|---|
| 53 | | - | 20 state for a minimum of five years and who are actively engaged |
|---|
| 54 | | - | 21 in the practice of pharmacy or pharmacy administration, or |
|---|
| 55 | | - | 22 both. |
|---|
| 56 | | - | 23 "(b) Three members shall be appointed by the |
|---|
| 57 | | - | 24 Governor. Of the three appointed members, one member shall be |
|---|
| 58 | | - | 25 engaged in the practice of pharmacy or pharmacy |
|---|
| 59 | | - | 26 administration, or both, in a hospital, one in an independent |
|---|
| 60 | | - | 27 pharmacy, and one in a chain pharmacy. Of the three members |
|---|
| 61 | | - | Page 2 1 appointed by the Governor, one of the members shall be of the |
|---|
| 62 | | - | 2 predominant minority race in the state. For purposes of this |
|---|
| 63 | | - | 3 subsection, the predominant minority race shall be determined |
|---|
| 64 | | - | 4 by the most recent decennial United States census. On or |
|---|
| 65 | | - | 5 before August 1, 1996, and each five years thereafter, or |
|---|
| 66 | | - | 6 whenever a vacancy occurs in the designated position for |
|---|
| 67 | | - | 7 hospital pharmacists, the Alabama Society of Health System |
|---|
| 68 | | - | 8 Pharmacists, or its successor organization, shall submit a |
|---|
| 69 | | - | 9 list of three nominees to the Governor. On or before August 1, |
|---|
| 70 | | - | 10 1994, and each five years thereafter, or whenever a vacancy |
|---|
| 71 | | - | 11 occurs in the designated position for a chain pharmacist, the |
|---|
| 72 | | - | 12 Alabama Pharmacy Association, or its successor organization, |
|---|
| 73 | | - | 13 shall submit a list of three nominees to the Governor. On or |
|---|
| 74 | | - | 14 before August 1, 1997, and each five years thereafter, or |
|---|
| 75 | | - | 15 whenever a vacancy occurs in the designated position for the |
|---|
| 76 | | - | 16 independent pharmacist, the independent pharmacist members of |
|---|
| 77 | | - | 17 the Alabama Pharmacy Association, or its successor |
|---|
| 78 | | - | 18 organization, shall submit a list of three nominees to the |
|---|
| 79 | | - | 19 Governor. From the names submitted to the Governor, the |
|---|
| 80 | | - | 20 Governor shall appoint a replacement on or before December 31 |
|---|
| 81 | | - | 21 of the same year the nominations are received, for the member |
|---|
| 82 | | - | 22 or members whose term or terms are expiring. Background |
|---|
| 83 | | - | 23 information shall be provided for each nominee for an |
|---|
| 84 | | - | 24 appointed position. |
|---|
| 85 | | - | 25 "(c)(1) On or before December 1, 1995, and each five |
|---|
| 86 | | - | 26 years thereafter, and on or before December 1, 1998, and each |
|---|
| 87 | | - | 27 five years thereafter, or whenever a vacancy occurs in a |
|---|
| 88 | | - | Page 3 1 nondesignated position, the Board of Trustees of the Alabama |
|---|
| 89 | | - | 2 Pharmacy Association, or its successor organization, shall |
|---|
| 90 | | - | 3 select a committee of five pharmacists who are members of the |
|---|
| 91 | | - | 4 association to serve as a nominating committee. No one on |
|---|
| 92 | | - | 5 member of the nominating committee shall be a candidate. The |
|---|
| 93 | | - | 6 committee shall receive names of pharmacists actively engaged |
|---|
| 94 | | - | 7 in pharmacy practice or administration, or both, from |
|---|
| 95 | | - | 8 companies and individuals, and shall narrow the list of |
|---|
| 96 | | - | 9 nominees to two names to be placed on a ballot to be voted on |
|---|
| 97 | | - | 10 by all Alabama pharmacists. |
|---|
| 98 | | - | 11 "(2) The election procedure for a nondesignated slot |
|---|
| 99 | | - | 12 shall be as follows: Each candidate shall provide a |
|---|
| 100 | | - | 13 biographical sketch of not more than 150 words, which shall |
|---|
| 101 | | - | 14 include his or her most recent practice experience. The board |
|---|
| 102 | | - | 15 shall select a third party to conduct the election and |
|---|
| 103 | | - | 16 tabulate the ballot results. The board shall mail election |
|---|
| 104 | | - | 17 ballots and a biographical sketch of the candidates shall be |
|---|
| 105 | | - | 18 delivered by the third party to Alabama licensed pharmacists |
|---|
| 106 | | - | 19 by September 1. Completed ballots returned to the board |
|---|
| 107 | | - | 20 postmarked by October 1 shall be tabulated. The ballot |
|---|
| 108 | | - | 21 delivery shall be conducted in a secure manner to safeguard |
|---|
| 109 | | - | 22 organizational data and to ensure the integrity of the voting |
|---|
| 110 | | - | 23 process. Completed election ballots must be received by the |
|---|
| 111 | | - | 24 third party no later than October 1 to be tabulated. A |
|---|
| 112 | | - | 25 pharmacist receiving a majority of the ballots received shall |
|---|
| 113 | | - | 26 be considered the winner. If a runoff election is necessary, |
|---|
| 114 | | - | 27 the runoff ballots shall be mailed delivered to licensed |
|---|
| 115 | | - | Page 4 1 pharmacists by November 1 and returned postmarked by December |
|---|
| 116 | | - | 2 1 by the same method of ballot delivery as provided above. |
|---|
| 117 | | - | 3 Completed runoff election ballots must be received by the |
|---|
| 118 | | - | 4 third party no later than December 1 to be tabulated. |
|---|
| 119 | | - | 5 "(3) A canvassing committee consisting of a |
|---|
| 120 | | - | 6 representative from the Alabama Pharmacy Association, or its |
|---|
| 121 | | - | 7 successor organization, Alabama Society of Health System |
|---|
| 122 | | - | 8 Pharmacists, or its successor organization, Auburn University |
|---|
| 123 | | - | 9 School of Pharmacy, and Samford University School of Pharmacy |
|---|
| 124 | | - | 10 shall tabulate the ballots. The ballots for each election |
|---|
| 125 | | - | 11 shall be tabulated by the third party and the results shall be |
|---|
| 126 | | - | 12 certified and audited by the third party. The results of the |
|---|
| 127 | | - | 13 tabulation and audit shall be made available to any candidate |
|---|
| 128 | | - | 14 and to the nominating body upon request. |
|---|
| 129 | | - | 15 "(d) Any vacancies occurring on the board other than |
|---|
| 130 | | - | 16 by expiration of term shall be filled by election or |
|---|
| 131 | | - | 17 appointment only for the unexpired term and shall be filled by |
|---|
| 132 | | - | 18 the same procedure that the replaced member was elected or |
|---|
| 133 | | - | 19 appointed. Each member of the board shall serve a term of five |
|---|
| 134 | | - | 20 years beginning on January 1 following appointment and |
|---|
| 135 | | - | 21 terminating on December 31 of his or her fifth year as a |
|---|
| 136 | | - | 22 member of the board. |
|---|
| 137 | | - | 23 "(e) No pharmacist shall serve two full terms |
|---|
| 138 | | - | 24 consecutively. |
|---|
| 139 | | - | 25 "(f) The Governor, upon recommendation of the board, |
|---|
| 140 | | - | 26 may remove a member of the board upon proven charges of |
|---|
| 141 | | - | 27 inefficiency, incompetency, immorality, or professional |
|---|
| 142 | | - | Page 5 1 misconduct. The replacement member shall be elected or |
|---|
| 143 | | - | 2 appointed by the same procedure that the removed member was |
|---|
| 144 | | - | 3 elected or appointed. Appointees to the board shall within 30 |
|---|
| 145 | | - | 4 days after their appointment or election take an oath or make |
|---|
| 146 | | - | 5 affirmation before a properly qualified officer that they he |
|---|
| 147 | | - | 6 or she will faithfully and impartially perform the duties of |
|---|
| 148 | | - | 7 their his or her office. This oath or affirmation shall be |
|---|
| 149 | | - | 8 filed with the Secretary of State. At its last regular meeting |
|---|
| 150 | | - | 9 in each calendar year, the board shall organize by electing |
|---|
| 151 | | - | 10 elect for a term of one year, effective the following January |
|---|
| 152 | | - | 11 1, a president, a vice-president, and a treasurer who shall be |
|---|
| 153 | | - | 12 members of the board. No member shall serve more than two |
|---|
| 154 | | - | 13 years in the same office on the board during a five-year term. |
|---|
| 155 | | - | 14 The board shall also elect a secretary who shall not serve as |
|---|
| 156 | | - | 15 a member of the board and the board shall have the authority |
|---|
| 157 | | - | 16 to fix the amount of the secretary's remuneration. If a board |
|---|
| 158 | | - | 17 member is selected as secretary, the board member shall resign |
|---|
| 159 | | - | 18 from the board and a replacement on the board shall be |
|---|
| 160 | | - | 19 selected by the same procedure by which the resigned member |
|---|
| 161 | | - | 20 was originally elected or appointed. The secretary shall not |
|---|
| 162 | | - | 21 be employed during the service by any registrant of the board. |
|---|
| 163 | | - | 22 "(g) For the purpose of this section, a chain |
|---|
| 164 | | - | 23 pharmacy shall be is defined as any retail pharmacy employing |
|---|
| 165 | | - | 24 in Alabama a minimum of 40 full-time equivalent pharmacists. A |
|---|
| 166 | | - | 25 chain pharmacist is defined as a pharmacist employed on a |
|---|
| 167 | | - | 26 full-time basis by a chain pharmacy for a minimum of three |
|---|
| 168 | | - | 27 years. |
|---|
| 169 | | - | Page 6 1 "(h) It is the intent of the Legislature that the |
|---|
| 170 | | - | 2 composition of the board reflect the demographics of the |
|---|
| 171 | | - | 3 pharmacy profession. For vacancies occurring after March 18, |
|---|
| 172 | | - | 4 2005, the nominating organizations and the appointing |
|---|
| 173 | | - | 5 authorities shall select those persons whose appointments |
|---|
| 174 | | - | 6 ensure that the membership of the board is inclusive and |
|---|
| 175 | | - | 7 reflects the racial, gender, geographic, urban/rural, and |
|---|
| 176 | | - | 8 economic diversity of this state." |
|---|
| 177 | | - | 9 Section 2. This act shall become effective on the |
|---|
| 178 | | - | 10 first day of the third month following its passage and |
|---|
| 179 | | - | 11 approval by the Governor, or its otherwise becoming law. |
|---|
| 180 | | - | Page 7 1 |
|---|
| 181 | | - | 2 |
|---|
| 182 | | - | House of Representatives3 |
|---|
| 183 | | - | Read for the first time and re-4 |
|---|
| 184 | | - | 5 ferred to the House of Representa- |
|---|
| 185 | | - | 6 tives committee on Boards, Agencies |
|---|
| 186 | | - | and Commissions....................7 .......11-JAN-22 |
|---|
| 187 | | - | 8 |
|---|
| 188 | | - | Read for the second time and placed9 |
|---|
| 189 | | - | on the calendar....................10 .......02-FEB-22 |
|---|
| 190 | | - | 11 |
|---|
| 191 | | - | Read for the third time and passed12 |
|---|
| 192 | | - | as amended.........................13 .......08-FEB-22 |
|---|
| 193 | | - | 14 Yeas 101, Nays 0, Abstains 1 |
|---|
| 194 | | - | |
|---|
| 195 | | - | 15 |
|---|
| 196 | | - | 16 Jeff Woodard |
|---|
| 197 | | - | 17 Clerk |
|---|
| 198 | | - | 18 |
|---|
| 14 | + | 8 SYNOPSIS: Under existing law, the Board of Pharmacy |
|---|
| 15 | + | 9 notifies a licensed pharmacist or a permitted |
|---|
| 16 | + | 10 pharmacy of charges to revoke the license of the |
|---|
| 17 | + | 11 pharmacist or the pharmacy permit by registered or |
|---|
| 18 | + | 12 certified mail. |
|---|
| 19 | + | 13 This bill would authorize the delivery of |
|---|
| 20 | + | 14 the charges to a person or entity regulated by the |
|---|
| 21 | + | 15 board, by a recognized delivery or courier service |
|---|
| 22 | + | 16 selected by the board. |
|---|
| 23 | + | 17 Under existing law, the Board of Pharmacy |
|---|
| 24 | + | 18 mails ballots to licensed pharmacists relating to |
|---|
| 25 | + | 19 the election of members of the board. Existing law |
|---|
| 26 | + | 20 also provides for a canvassing committee to |
|---|
| 27 | + | 21 tabulate the ballots. |
|---|
| 28 | + | 22 This bill would provide for elections of |
|---|
| 29 | + | 23 board members to be conducted by a third party. The |
|---|
| 30 | + | 24 bill would delete provisions for the canvassing |
|---|
| 31 | + | 25 committee and to further provide for the tabulation |
|---|
| 32 | + | 26 of the ballots. |
|---|
| 33 | + | 27 |
|---|
| 34 | + | Page 1 1 A BILL |
|---|
| 35 | + | 2 TO BE ENTITLED |
|---|
| 36 | + | 3 AN ACT |
|---|
| 37 | + | 4 |
|---|
| 38 | + | 5 Relating to the Board of Pharmacy; to amend Section |
|---|
| 39 | + | 6 34-23-34 of the Code of Alabama 1975, to further authorize the |
|---|
| 40 | + | 7 board to provide for the method of delivery of charges |
|---|
| 41 | + | 8 relating to disciplinary action on a person or entity |
|---|
| 42 | + | 9 regulated by the board; and to amend Section 34-23-90 of the |
|---|
| 43 | + | 10 Code of Alabama 1975, relating to the election of members of |
|---|
| 44 | + | 11 the board by licensed pharmacists; to provide for the election |
|---|
| 45 | + | 12 of board members to be conducted by a third party; and to |
|---|
| 46 | + | 13 delete provisions for a canvassing committee to tabulate the |
|---|
| 47 | + | 14 ballots and further provide for the tabulation of the ballots. |
|---|
| 48 | + | 15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 49 | + | 16 Section 1. Section 1. Sections 34-23-34 and 34-23-90 |
|---|
| 50 | + | 17 of the Code of Alabama 1975, are amended to read as follows: |
|---|
| 51 | + | 18 "§34-23-34. |
|---|
| 52 | + | 19 "No action to revoke or suspend the license of any |
|---|
| 53 | + | 20 pharmacist or the permit to operate any pharmacy in this state |
|---|
| 54 | + | 21 shall be taken until the licensee or holder of such permit has |
|---|
| 55 | + | 22 been furnished a statement in writing of the charges against |
|---|
| 56 | + | 23 him or her together with a notice of the time and place of |
|---|
| 57 | + | 24 hearing. The statement of charges and notice shall be served |
|---|
| 58 | + | 25 upon such a person at least 30 days before the date fixed for |
|---|
| 59 | + | 26 the hearing, either personally or by registered or certified |
|---|
| 60 | + | 27 mail sent to his or her last known post-office address. No |
|---|
| 61 | + | Page 2 1 disciplinary action relating to the license, registration, |
|---|
| 62 | + | 2 certificate, or permit of any person or entity regulated by |
|---|
| 63 | + | 3 the board may be taken unless a statement of charges and |
|---|
| 64 | + | 4 notice of hearing has been served on the person or entity at |
|---|
| 65 | + | 5 least 30 days before the date fixed for the hearing. The |
|---|
| 66 | + | 6 board, at its sole discretion, may serve the statement of |
|---|
| 67 | + | 7 charges by personal service or by registered or certified mail |
|---|
| 68 | + | 8 or delivery by any recognized delivery or courier service to |
|---|
| 69 | + | 9 the address of the person or entity in the records of the |
|---|
| 70 | + | 10 board. The burden of proof shall be on the board. |
|---|
| 71 | + | 11 "§34-23-90. |
|---|
| 72 | + | 12 "(a) The Alabama State Board of Pharmacy is vested |
|---|
| 73 | + | 13 with the authority to carry out the purposes of and enforce |
|---|
| 74 | + | 14 this chapter. The board shall consist of five members who are |
|---|
| 75 | + | 15 citizens residents of this state. The members of the board |
|---|
| 76 | + | 16 shall be licensed pharmacists who have been licensed in this |
|---|
| 77 | + | 17 state for a minimum of five years and who are actively engaged |
|---|
| 78 | + | 18 in the practice of pharmacy or pharmacy administration, or |
|---|
| 79 | + | 19 both. |
|---|
| 80 | + | 20 "(b) Three members shall be appointed by the |
|---|
| 81 | + | 21 Governor. Of the three appointed members, one member shall be |
|---|
| 82 | + | 22 engaged in the practice of pharmacy or pharmacy |
|---|
| 83 | + | 23 administration, or both, in a hospital, one in an independent |
|---|
| 84 | + | 24 pharmacy, and one in a chain pharmacy. On or before August 1, |
|---|
| 85 | + | 25 1996, and each five years thereafter, or whenever a vacancy |
|---|
| 86 | + | 26 occurs in the designated position for hospital pharmacists, |
|---|
| 87 | + | 27 the Alabama Society of Health System Pharmacists, or its |
|---|
| 88 | + | Page 3 1 successor organization, shall submit a list of three nominees |
|---|
| 89 | + | 2 to the Governor. On or before August 1, 1994, and each five |
|---|
| 90 | + | 3 years thereafter, or whenever a vacancy occurs in the |
|---|
| 91 | + | 4 designated position for a chain pharmacist, the Alabama |
|---|
| 92 | + | 5 Pharmacy Association, or its successor organization, shall |
|---|
| 93 | + | 6 submit a list of three nominees to the Governor. On or before |
|---|
| 94 | + | 7 August 1, 1997, and each five years thereafter, or whenever a |
|---|
| 95 | + | 8 vacancy occurs in the designated position for the independent |
|---|
| 96 | + | 9 pharmacist, the independent pharmacist members of the Alabama |
|---|
| 97 | + | 10 Pharmacy Association, or its successor organization, shall |
|---|
| 98 | + | 11 submit a list of three nominees to the Governor. From the |
|---|
| 99 | + | 12 names submitted to the Governor, the Governor shall appoint a |
|---|
| 100 | + | 13 replacement on or before December 31 of the same year the |
|---|
| 101 | + | 14 nominations are received, for the member or members whose term |
|---|
| 102 | + | 15 or terms are expiring. Background information shall be |
|---|
| 103 | + | 16 provided for each nominee for an appointed position. |
|---|
| 104 | + | 17 "(c)(1) On or before December 1, 1995, and each five |
|---|
| 105 | + | 18 years thereafter, and on or before December 1, 1998, and each |
|---|
| 106 | + | 19 five years thereafter, or whenever a vacancy occurs in a |
|---|
| 107 | + | 20 nondesignated position, the Board of Trustees of the Alabama |
|---|
| 108 | + | 21 Pharmacy Association, or its successor organization, shall |
|---|
| 109 | + | 22 select a committee of five pharmacists who are members of the |
|---|
| 110 | + | 23 association to serve as a nominating committee. No one on |
|---|
| 111 | + | 24 member of the nominating committee shall be a candidate. The |
|---|
| 112 | + | 25 committee shall receive names of pharmacists actively engaged |
|---|
| 113 | + | 26 in pharmacy practice or administration, or both, from |
|---|
| 114 | + | 27 companies and individuals, and shall narrow the list of |
|---|
| 115 | + | Page 4 1 nominees to two names to be placed on a ballot to be voted on |
|---|
| 116 | + | 2 by all Alabama pharmacists. |
|---|
| 117 | + | 3 "(2) The election procedure for a nondesignated slot |
|---|
| 118 | + | 4 shall be as follows: Each candidate shall provide a |
|---|
| 119 | + | 5 biographical sketch of not more than 150 words, which shall |
|---|
| 120 | + | 6 include his or her most recent practice experience. The board |
|---|
| 121 | + | 7 shall select a third party to conduct the election and |
|---|
| 122 | + | 8 tabulate the ballot results. The board shall mail election |
|---|
| 123 | + | 9 ballots and a biographical sketch of the candidates shall be |
|---|
| 124 | + | 10 delivered by the third party to Alabama licensed pharmacists |
|---|
| 125 | + | 11 by September 1. Completed ballots returned to the board |
|---|
| 126 | + | 12 postmarked by October 1 shall be tabulated. The ballot |
|---|
| 127 | + | 13 delivery shall be conducted in a secure manner to safeguard |
|---|
| 128 | + | 14 organizational data and to ensure the integrity of the voting |
|---|
| 129 | + | 15 process. Completed election ballots must be received by the |
|---|
| 130 | + | 16 third party no later than October 1 to be tabulated. A |
|---|
| 131 | + | 17 pharmacist receiving a majority of the ballots received shall |
|---|
| 132 | + | 18 be considered the winner. If a runoff election is necessary, |
|---|
| 133 | + | 19 the runoff ballots shall be mailed delivered to licensed |
|---|
| 134 | + | 20 pharmacists by November 1 and returned postmarked by December |
|---|
| 135 | + | 21 1 by the same method of ballot delivery as provided above. |
|---|
| 136 | + | 22 Completed runoff election ballots must be received by the |
|---|
| 137 | + | 23 third party no later than December 1 to be tabulated. |
|---|
| 138 | + | 24 "(3) A canvassing committee consisting of a |
|---|
| 139 | + | 25 representative from the Alabama Pharmacy Association, or its |
|---|
| 140 | + | 26 successor organization, Alabama Society of Health System |
|---|
| 141 | + | 27 Pharmacists, or its successor organization, Auburn University |
|---|
| 142 | + | Page 5 1 School of Pharmacy, and Samford University School of Pharmacy |
|---|
| 143 | + | 2 shall tabulate the ballots. The ballots for each election |
|---|
| 144 | + | 3 shall be tabulated by the third party and the results shall be |
|---|
| 145 | + | 4 certified and audited by the third party. The results of the |
|---|
| 146 | + | 5 tabulation and audit shall be made available to any candidate |
|---|
| 147 | + | 6 and to the nominating body upon request. |
|---|
| 148 | + | 7 "(d) Any vacancies occurring on the board other than |
|---|
| 149 | + | 8 by expiration of term shall be filled by election or |
|---|
| 150 | + | 9 appointment only for the unexpired term and shall be filled by |
|---|
| 151 | + | 10 the same procedure that the replaced member was elected or |
|---|
| 152 | + | 11 appointed. Each member of the board shall serve a term of five |
|---|
| 153 | + | 12 years beginning on January 1 following appointment and |
|---|
| 154 | + | 13 terminating on December 31 of his or her fifth year as a |
|---|
| 155 | + | 14 member of the board. |
|---|
| 156 | + | 15 "(e) No pharmacist shall serve two full terms |
|---|
| 157 | + | 16 consecutively. |
|---|
| 158 | + | 17 "(f) The Governor, upon recommendation of the board, |
|---|
| 159 | + | 18 may remove a member of the board upon proven charges of |
|---|
| 160 | + | 19 inefficiency, incompetency, immorality, or professional |
|---|
| 161 | + | 20 misconduct. The replacement member shall be elected or |
|---|
| 162 | + | 21 appointed by the same procedure that the removed member was |
|---|
| 163 | + | 22 elected or appointed. Appointees to the board shall within 30 |
|---|
| 164 | + | 23 days after their appointment or election take an oath or make |
|---|
| 165 | + | 24 affirmation before a properly qualified officer that they he |
|---|
| 166 | + | 25 or she will faithfully and impartially perform the duties of |
|---|
| 167 | + | 26 their his or her office. This oath or affirmation shall be |
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| 168 | + | 27 filed with the Secretary of State. At its last regular meeting |
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| 169 | + | Page 6 1 in each calendar year, the board shall organize by electing |
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| 170 | + | 2 elect for a term of one year, effective the following January |
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| 171 | + | 3 1, a president, a vice-president, and a treasurer who shall be |
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| 172 | + | 4 members of the board. No member shall serve more than two |
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| 173 | + | 5 years in the same office on the board during a five-year term. |
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| 174 | + | 6 The board shall also elect a secretary who shall not serve as |
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| 175 | + | 7 a member of the board and the board shall have the authority |
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| 176 | + | 8 to fix the amount of the secretary's remuneration. If a board |
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| 177 | + | 9 member is selected as secretary, the board member shall resign |
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| 178 | + | 10 from the board and a replacement on the board shall be |
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| 179 | + | 11 selected by the same procedure by which the resigned member |
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| 180 | + | 12 was originally elected or appointed. The secretary shall not |
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| 181 | + | 13 be employed during the service by any registrant of the board. |
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| 182 | + | 14 "(g) For the purpose of this section, a chain |
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| 183 | + | 15 pharmacy shall be is defined as any retail pharmacy employing |
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| 184 | + | 16 in Alabama a minimum of 40 full-time equivalent pharmacists. A |
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| 185 | + | 17 chain pharmacist is defined as a pharmacist employed on a |
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| 186 | + | 18 full-time basis by a chain pharmacy for a minimum of three |
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| 187 | + | 19 years. |
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| 188 | + | 20 "(h) It is the intent of the Legislature that the |
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| 189 | + | 21 composition of the board reflect the demographics of the |
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| 190 | + | 22 pharmacy profession. For vacancies occurring after March 18, |
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| 191 | + | 23 2005, the nominating organizations and the appointing |
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| 192 | + | 24 authorities shall select those persons whose appointments |
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| 193 | + | 25 ensure that the membership of the board is inclusive and |
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| 194 | + | 26 reflects the racial, gender, geographic, urban/rural, and |
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| 195 | + | 27 economic diversity of this state." |
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| 196 | + | Page 7 1 Section 2. This act shall become effective on the |
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| 197 | + | 2 first day of the third month following its passage and |
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| 198 | + | 3 approval by the Governor, or its otherwise becoming law. |
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