Alabama 2022 Regular Session

Alabama Senate Bill SB91 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB91
2		-	2 214744-8
	2	+	2 214744-5
3	3		3 By Senator Beasley
4	4		4 RFD: Governmental Affairs
5	5		5 First Read: 13-JAN-22
6	6
7		-	Page 0 SB91
8		-	1 SB91
	7	+	Page 0 1 214744-5:n:11/15/2021:FC/ma LSA2021-1748R4
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
	10	+	4
	11	+	5
	12	+	6
	13	+	7
	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
12	38		5 Relating to the Board of Pharmacy; to amend Section
13	39		6 34-23-34 of the Code of Alabama 1975, to further authorize the
14	40		7 board to provide for the method of delivery of charges
15	41		8 relating to disciplinary action on a person or entity
16	42		9 regulated by the board; and to amend Section 34-23-90 of the
17	43		10 Code of Alabama 1975, relating to the election of members of
18	44		11 the board by licensed pharmacists; to provide for the election
19	45		12 of board members to be conducted by a third party; and to
20	46		13 delete provisions for a canvassing committee to tabulate the
21	47		14 ballots and further provide for the tabulation of the ballots.
22	48		15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	49		16 Section 1. Section 1. Sections 34-23-34 and 34-23-90
24	50		17 of the Code of Alabama 1975, are amended to read as follows:
25	51		18 "§34-23-34.
26	52		19 "No action to revoke or suspend the license of any
27	53		20 pharmacist or the permit to operate any pharmacy in this state
28	54		21 shall be taken until the licensee or holder of such permit has
29	55		22 been furnished a statement in writing of the charges against
30	56		23 him or her together with a notice of the time and place of
31	57		24 hearing. The statement of charges and notice shall be served
32	58		25 upon such a person at least 30 days before the date fixed for
33		-	Page 1 SB91
34		-	1 the hearing, either personally or by registered or certified
35		-	2 mail sent to his or her last known post-office address. No
36		-	3 disciplinary action relating to the license, registration,
37		-	4 certificate, or permit of any person or entity regulated by
38		-	5 the board may be taken unless a statement of charges and
39		-	6 notice of hearing has been served on the person or entity at
40		-	7 least 30 days before the date fixed for the hearing. The
41		-	8 board, at its sole discretion, may serve the statement of
42		-	9 charges by personal service or by registered or certified mail
43		-	10 or delivery by any recognized delivery or courier service to
44		-	11 the address of the person or entity in the records of the
45		-	12 board. The burden of proof shall be on the board.
46		-	13 "§34-23-90.
47		-	14 "(a) The Alabama State Board of Pharmacy is vested
48		-	15 with the authority to carry out the purposes of and enforce
49		-	16 this chapter. The board shall consist of five members who are
50		-	17 citizens residents of this state. The members of the board
51		-	18 shall be licensed pharmacists who have been licensed in this
52		-	19 state for a minimum of five years and who are actively engaged
53		-	20 in the practice of pharmacy or pharmacy administration, or
54		-	21 both.
55		-	22 "(b) Three members shall be appointed by the
56		-	23 Governor. Of the three appointed members, one member shall be
57		-	24 engaged in the practice of pharmacy or pharmacy
58		-	25 administration, or both, in a hospital, one in an independent
59		-	Page 2 SB91
60		-	1 pharmacy, and one in a chain pharmacy. On or before August 1,
61		-	2 1996, and each five years thereafter, or whenever a vacancy
62		-	3 occurs in the designated position for hospital pharmacists,
63		-	4 the Alabama Society of Health System Pharmacists, or its
64		-	5 successor organization, shall submit a list of three nominees
65		-	6 to the Governor. On or before August 1, 1994, and each five
66		-	7 years thereafter, or whenever a vacancy occurs in the
67		-	8 designated position for a chain pharmacist, the Alabama
68		-	9 Pharmacy Association, or its successor organization, shall
69		-	10 submit a list of three nominees to the Governor. On or before
70		-	11 August 1, 1997, and each five years thereafter, or whenever a
71		-	12 vacancy occurs in the designated position for the independent
72		-	13 pharmacist, the independent pharmacist members of the Alabama
73		-	14 Pharmacy Association, or its successor organization, shall
74		-	15 submit a list of three nominees to the Governor. From the
75		-	16 names submitted to the Governor, the Governor shall appoint a
76		-	17 replacement on or before December 31 of the same year the
77		-	18 nominations are received, for the member or members whose term
78		-	19 or terms are expiring. Background information shall be
79		-	20 provided for each nominee for an appointed position.
80		-	21 "(c)(1) On or before December 1, 1995, and each five
81		-	22 years thereafter, and on or before December 1, 1998, and each
82		-	23 five years thereafter, or whenever a vacancy occurs in a
83		-	24 nondesignated position, the Board of Trustees of the Alabama
84		-	25 Pharmacy Association, or its successor organization, shall
85		-	Page 3 SB91
86		-	1 select a committee of five pharmacists who are members of the
87		-	2 association to serve as a nominating committee. No one on
88		-	3 member of the nominating committee shall be a candidate. The
89		-	4 committee shall receive names of pharmacists actively engaged
90		-	5 in pharmacy practice or administration, or both, from
91		-	6 companies and individuals, and shall narrow the list of
92		-	7 nominees to two names to be placed on a ballot to be voted on
93		-	8 by all Alabama pharmacists.
94		-	9 "(2) The election procedure for a nondesignated slot
95		-	10 shall be as follows: Each candidate shall provide a
96		-	11 biographical sketch of not more than 150 words, which shall
97		-	12 include his or her most recent practice experience. The board
98		-	13 shall select a third party to conduct the election and
99		-	14 tabulate the ballot results. The board shall mail election
100		-	15 ballots and a biographical sketch of the candidates shall be
101		-	16 delivered by the third party to Alabama licensed pharmacists
102		-	17 by September 1. Completed ballots returned to the board
103		-	18 postmarked by October 1 shall be tabulated. The ballot
104		-	19 delivery shall be conducted in a secure manner to safeguard
105		-	20 organizational data and to ensure the integrity of the voting
106		-	21 process. Completed election ballots must be received by the
107		-	22 third party no later than October 1 to be tabulated. A
108		-	23 pharmacist receiving a majority of the ballots received shall
109		-	24 be considered the winner. If a runoff election is necessary,
110		-	25 the runoff ballots shall be mailed delivered to licensed
111		-	Page 4 SB91
112		-	1 pharmacists by November 1 and returned postmarked by December
113		-	2 1 by the same method of ballot delivery as provided above.
114		-	3 Completed runoff election ballots must be received by the
115		-	4 third party no later than December 1 to be tabulated.
116		-	5 "(3) A canvassing committee consisting of a
117		-	6 representative from the Alabama Pharmacy Association, or its
118		-	7 successor organization, Alabama Society of Health System
119		-	8 Pharmacists, or its successor organization, Auburn University
120		-	9 School of Pharmacy, and Samford University School of Pharmacy
121		-	10 shall tabulate the ballots. The ballots for each election
122		-	11 shall be tabulated by the third party and the results shall be
123		-	12 certified and audited by the third party. The results of the
124		-	13 tabulation and audit shall be made available to any candidate
125		-	14 and to the nominating body upon request.
126		-	15 "(d) Any vacancies occurring on the board other than
127		-	16 by expiration of term shall be filled by election or
128		-	17 appointment only for the unexpired term and shall be filled by
129		-	18 the same procedure that the replaced member was elected or
130		-	19 appointed. Each member of the board shall serve a term of five
131		-	20 years beginning on January 1 following appointment and
132		-	21 terminating on December 31 of his or her fifth year as a
133		-	22 member of the board.
134		-	23 "(e) No pharmacist shall serve two full terms
135		-	24 consecutively.
136		-	Page 5 SB91
137		-	1 "(f) The Governor, upon recommendation of the board,
138		-	2 may remove a member of the board upon proven charges of
139		-	3 inefficiency, incompetency, immorality, or professional
140		-	4 misconduct. The replacement member shall be elected or
141		-	5 appointed by the same procedure that the removed member was
142		-	6 elected or appointed. Appointees to the board shall within 30
143		-	7 days after their appointment or election take an oath or make
144		-	8 affirmation before a properly qualified officer that they he
145		-	9 or she will faithfully and impartially perform the duties of
146		-	10 their his or her office. This oath or affirmation shall be
147		-	11 filed with the Secretary of State. At its last regular meeting
148		-	12 in each calendar year, the board shall organize by electing
149		-	13 elect for a term of one year, effective the following January
150		-	14 1, a president, a vice-president, and a treasurer who shall be
151		-	15 members of the board. No member shall serve more than two
152		-	16 years in the same office on the board during a five-year term.
153		-	17 The board shall also elect a secretary who shall not serve as
154		-	18 a member of the board and the board shall have the authority
155		-	19 to fix the amount of the secretary's remuneration. If a board
156		-	20 member is selected as secretary, the board member shall resign
157		-	21 from the board and a replacement on the board shall be
158		-	22 selected by the same procedure by which the resigned member
159		-	23 was originally elected or appointed. The secretary shall not
160		-	24 be employed during the service by any registrant of the board.
161		-	Page 6 SB91
162		-	1 "(g) For the purpose of this section, a chain
163		-	2 pharmacy shall be is defined as any retail pharmacy employing
164		-	3 in Alabama a minimum of 40 full-time equivalent pharmacists. A
165		-	4 chain pharmacist is defined as a pharmacist employed on a
166		-	5 full-time basis by a chain pharmacy for a minimum of three
167		-	6 years.
168		-	7 "(h) It is the intent of the Legislature that the
169		-	8 composition of the board reflect the demographics of the
170		-	9 pharmacy profession. For vacancies occurring after March 18,
171		-	10 2005, the nominating organizations and the appointing
172		-	11 authorities shall select those persons whose appointments
173		-	12 ensure that the membership of the board is inclusive and
174		-	13 reflects the racial, gender, geographic, urban/rural, and
175		-	14 economic diversity of this state."
176		-	15 Section 2. This act shall become effective on the
177		-	16 first day of the third month following its passage and
178		-	17 approval by the Governor, or its otherwise becoming law.
179		-	Page 7 SB91
180		-	1
181		-	2
182		-	3
183		-	4
184		-	President and Presiding Officer of the Senate
185		-
186		-	5
187		-	6 Speaker of the House of Representatives
188		-	SB917
189		-	8 Senate 01-FEB-22
190		-	9 I hereby certify that the within Act originated in and passed
191		-	10 the Senate.
192		-	11
193		-	12 Patrick Harris,
194		-	13 Secretary.
195		-	14
196		-	15
197		-	16
198		-	17 House of Representatives
199		-	18 Passed: 09-MAR-22
200		-	19
201		-	20
202		-	21 By: Senator Beasley
	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
	168	+	27 filed with the Secretary of State. At its last regular meeting
	169	+	Page 6 1 in each calendar year, the board shall organize by electing
	170	+	2 elect for a term of one year, effective the following January
	171	+	3 1, a president, a vice-president, and a treasurer who shall be
	172	+	4 members of the board. No member shall serve more than two
	173	+	5 years in the same office on the board during a five-year term.
	174	+	6 The board shall also elect a secretary who shall not serve as
	175	+	7 a member of the board and the board shall have the authority
	176	+	8 to fix the amount of the secretary's remuneration. If a board
	177	+	9 member is selected as secretary, the board member shall resign
	178	+	10 from the board and a replacement on the board shall be
	179	+	11 selected by the same procedure by which the resigned member
	180	+	12 was originally elected or appointed. The secretary shall not
	181	+	13 be employed during the service by any registrant of the board.
	182	+	14 "(g) For the purpose of this section, a chain
	183	+	15 pharmacy shall be is defined as any retail pharmacy employing
	184	+	16 in Alabama a minimum of 40 full-time equivalent pharmacists. A
	185	+	17 chain pharmacist is defined as a pharmacist employed on a
	186	+	18 full-time basis by a chain pharmacy for a minimum of three
	187	+	19 years.
	188	+	20 "(h) It is the intent of the Legislature that the
	189	+	21 composition of the board reflect the demographics of the
	190	+	22 pharmacy profession. For vacancies occurring after March 18,
	191	+	23 2005, the nominating organizations and the appointing
	192	+	24 authorities shall select those persons whose appointments
	193	+	25 ensure that the membership of the board is inclusive and
	194	+	26 reflects the racial, gender, geographic, urban/rural, and
	195	+	27 economic diversity of this state."
	196	+	Page 7 1 Section 2. This act shall become effective on the
	197	+	2 first day of the third month following its passage and
	198	+	3 approval by the Governor, or its otherwise becoming law.
203	199		Page 8