AL
Alabama House Bill HB123

Alabama 2025 Regular Session

Alabama House Bill HB123 Compare Versions

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55 By Representatives Underwood, Wilcox
66 RFD: Boards, Agencies and Commissions
77 First Read: 04-Feb-25
88 PFD: 03-Feb-25
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14+6 RJSJYYM-1 01/30/2025 PMG (L)ccr 2024-2523
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17-A BILL
18-TO BE ENTITLED
19-AN ACT
20-Relating to the Alabama Sunset Law; to continue the
21-existence and functioning of the Alabama State Board of
22-Pharmacy until October 1, 2026, with certain modifications; to
23-amend Sections 34-23-3, 34-23-8, 34-23-12, 34-23-13, 34-23-30,
24-34-23-32.2, 34-23-33, 34-23-34, 34-23-52, 34-23-90, 34-23-91,
25-34-23-92, 34-23-93, and 34-23-131, Code of Alabama 1975; to
26-reconstitute the membership of the board; to revise the
27-compensation of board members and their duties; to provide
28-further for the position of secretary; to revise the board's
29-authority to impose penalties; to provide further for the
30-board's authorization to discipline pharmacists, pharmacies,
31-and certain other entities; to provide further for the general
32-counsel of the board; to require the board to report on the
33-status of board rules; and to make nonsubstantive, technical
34-revisions to update the existing code language to current
35-style.
36-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37-Section 1. Pursuant to the Alabama Sunset Law, the
38-Sunset Committee recommends the continuance of the Alabama
39-State Board of Pharmacy until October 1, 2026, with the
17+SYNOPSIS:
18+Under existing law, termination dates are
19+established for enumerated state agencies. The agencies
20+are periodically reviewed by the Alabama Sunset
21+Committee. After the review process is completed, the
22+committee prepares its recommendations for the agencies
23+to the Legislature in the form of sunset bills which
24+either continue, terminate, or continue with
25+modification each agency reviewed.
26+This bill would provide for the continuance of
27+the Alabama State Board of Pharmacy until October 1,
28+2026, with the changes provided in this act.
29+This bill would reconstitute the board, set
30+qualifications for board members, and revise the
31+compensation of board members.
32+This bill would set qualifications for the
33+position of secretary of the board.
34+This bill would revise the board's authority to
35+impose civil penalties, would authorize the board to
36+impose late fees, and would eliminate the board's
37+authority to adopt nondisciplinary administrative
38+penalties.
39+This bill would require the board to divide the
40+office of general counsel of the board into an
41+administrative division and a disciplinary division,
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69-State Board of Pharmacy until October 1, 2026, with the
70-additional recommendation for statutory change as set out in
71-Section 3.
72-Section 2. The existence and functioning of the Alabama
73-State Board of Pharmacy, created and functioning pursuant to
74-Chapter 23 of Title 34, Code of Alabama 1975, is continued
75-until October 1, 2026, and those code sections are expressly
76-preserved.
77-Section 3. Section 34-23-3, 34-23-8, 34-23-12,
78-34-23-13, 34-23-30, 34-23-32.2, 34-23-33, 34-23-34, 34-23-52,
79-34-23-90, 34-23-91, 34-23-92, 34-23-93, and 34-23-131, Code of
80-Alabama 1975, are amended to read as follows:
81-"§34-23-3
82-(a) Each state drug investigator employed by the board
83-following the passage of this chapter must furnish
84-satisfactory proof to the board that he or she the
85-investigator is a person an individual of good moral character
86-and that in the judgment of the members of the board , he or
87-she has sufficient knowledge of the laws pertaining to the
88-practice of pharmacy and law enforcement to enable him or her
89-to carry out his or her the duties as an investigator
90-consistent with this chapter. Each A state drug investigator
91-employed by the board shall must serve an apprenticeship of a
92-minimum of six months working with and under the supervision
93-of the Chief Drug Investigator chief drug investigator or
94-other investigator designated by the board. Each such An
95-investigator, before entering upon his or her duties, shall
96-post with the board a bond in the amount of two thousand
97-dollars ($2,000) conditioned upon the faithful performance of
71+administrative division and a disciplinary division,
72+would provide for separate functions of the divisions,
73+and would prohibit the disclosure of certain
74+information by the administrative division to the
75+disciplinary division in certain circumstances.
76+This bill would require the board to report to
77+the Legislature the status of board rules and require
78+the board to revise its rules to comply with the
79+pharmacy laws, including this act, by a certain date.
80+This bill would also make nonsubstantive,
81+technical revisions to update the existing code
82+language to current style.
83+A BILL
84+TO BE ENTITLED
85+AN ACT
86+Relating to the Alabama Sunset Law; to continue the
87+existence and functioning of the Alabama State Board of
88+Pharmacy until October 1, 2026, with certain modifications; to
89+amend Sections 34-23-3, 34-23-8, 34-23-12, 34-23-13, 34-23-30,
90+34-23-32.2, 34-23-33, 34-23-34, 34-23-52, 34-23-90, 34-23-91,
91+34-23-92, 34-23-93, and 34-23-131, Code of Alabama 1975; to
92+reconstitute the membership of the board; to revise the
93+compensation of board members and their duties; to provide
94+further for the position of secretary; to eliminate the
95+board's authority to adopt nondisciplinary administrative
96+penalties; to provide further for the board's authorization to
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127-dollars ($2,000) conditioned upon the faithful performance of
128-his or her duties.
129-(b) Each A state drug investigator shall have the power
130-to inspect shall:
131-(1) Inspect the medicines and drugs or drug products or
132-domestic remedies which that are manufactured, packaged,
133-packed, made, sold, offered for sale, exposed for sale, or
134-kept for sale in this state ;, and for this purpose shall have
135-the right to enter
136-(2) Subject to subsection (c), enter and inspect during
137-business hours any pharmacy or any other place in this state
138-where medicines or drugs or drug products or proprietary
139-medicines are manufactured, packaged, packed, made, sold,
140-offered for sale, or kept for sale, whether or not licensed by
141-the board; and
142-(3) Inspect prescription files, prescription records,
143-poison registers, exempt narcotic registers, and any other
144-records pertaining to the filling and filing of prescriptions .
145-(c) Each A state drug investigator shall be subject to
146-the same restrictions as other law enforcement officers of the
147-law inwith regard to search and seizure. They
148-(d) A state drug investigator shall report to the board
149-all violations of the laws law relating to pharmacy and all
150-rules and regulations of the board. As directed by the board,
151-it shall be the duty of the state drug investigators to issue
152-citations a state drug investigator shall issue written
153-warnings for violations of such laws , or rules, or regulations
154-or institute criminal proceedings against persons for such
155-violations.
126+penalties; to provide further for the board's authorization to
127+discipline pharmacists, pharmacies, and certain other
128+entities; to provide further for the general counsel of the
129+board; to require the board to report on the status of board
130+rules; and to make nonsubstantive, technical revisions to
131+update the existing code language to current style.
132+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
133+Section 1. Pursuant to the Alabama Sunset Law, the
134+Sunset Committee recommends the continuance of the Alabama
135+State Board of Pharmacy until October 1, 2026, with the
136+additional recommendation for statutory change as set out in
137+Section 3.
138+Section 2. The existence and functioning of the Alabama
139+State Board of Pharmacy, created and functioning pursuant to
140+Chapter 23 of Title 34, Code of Alabama 1975, is continued
141+until October 1, 2026, and those code sections are expressly
142+preserved.
143+Section 3. Section 34-23-3, 34-23-8, 34-23-12,
144+34-23-13, 34-23-30, 34-23-32.2, 34-23-33, 34-23-34, 34-23-52,
145+34-23-90, 34-23-91, 34-23-92, 34-23-93, and 34-23-131, Code of
146+Alabama 1975, are amended to read as follows:
147+"§34-23-3
148+(a) Each state drug investigator employed by the board
149+following the passage of this chapter must furnish
150+satisfactory proof to the board that he or she the
151+investigator is a person an individual of good moral character
152+and that in the judgment of the members of the board , he or
153+she has sufficient knowledge of the laws pertaining to the
154+practice of pharmacy and law enforcement to enable him or her
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185-violations.
186-(e) When authorized by the board and where there are
187-specific complaints, the a state drug investigator shall have
188-the right to may inspect all records, shipping tickets, or any
189-other document pertaining to the transfer of drugs or drug
190-preparations, from or to hospitals, pharmacists, wholesale
191-establishments and manufacturers, or any other place or
192-establishment where the preparations of drugs are kept or
193-stored. They shall have the authority to inspect all
194-prescription files, prescription record books, poison
195-registers, exempt narcotic registers, and any other records
196-pertaining to the filling and filing of prescriptions. It
197-shall be the duty of the
198-(f) A state drug investigator to shall take possession
199-of all revoked licenses and permits or suspended licenses and
200-permits, or both, when such licenses and permits are not
201-surrendered voluntarily to the board by the person or
202-pharmacist individual or entity whose license or permit has
203-been revoked or suspended.
204-(g) Nothing in this chapter shall authorize or require
205-the a state drug investigator or state drug investigators to
206-inspect the offices of doctors of medicine physicians who have
207-duly qualified with the State Board of Medical Examiners."
208-"§34-23-8
209-(a) No person shall dispense or cause to be dispensed a
210-different drug or brand of drug in lieu of that ordered or
211-prescribed without the express permission in each case of the
212-person ordering or prescribing such drug, except as provided
213-below:
184+practice of pharmacy and law enforcement to enable him or her
185+to carry out his or her the duties as an investigator
186+consistent with this chapter. Each A state drug investigator
187+employed by the board shall must serve an apprenticeship of a
188+minimum of six months working with and under the supervision
189+of the Chief Drug Investigator chief drug investigator or
190+other investigator designated by the board. Each such An
191+investigator, before entering upon his or her duties, shall
192+post with the board a bond in the amount of two thousand
193+dollars ($2,000) conditioned upon the faithful performance of
194+his or her duties.
195+(b) Each A state drug investigator shall have the power
196+to inspect may:
197+(1) Inspect the medicines and drugs or drug products or
198+domestic remedies which that are manufactured, packaged,
199+packed, made, sold, offered for sale, exposed for sale, or
200+kept for sale in this state ;, and for this purpose shall have
201+the right to enter
202+(2) Subject to subsection (c), enter and inspect during
203+business hours any pharmacy or any other place in this state
204+where medicines or drugs or drug products or proprietary
205+medicines are manufactured, packaged, packed, made, sold,
206+offered for sale, or kept for sale, whether or not licensed by
207+the board; and
208+(3) Inspect prescription files, prescription record
209+books, poison registers, exempt narcotic registers, and any
210+other records pertaining to the filling and filing of
211+prescriptions.
212+(c) Each A state drug investigator shall be subject to
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243-below:
244-(1) A licensed pharmacist in this state shall be
245-permitted to select for the brand name drug product prescribed
246-by a licensed physician or other practitioner who is located
247-in this state and authorized by law to write prescriptions,
248-hereinafter referred to as "practitioner," a less expensive
249-pharmaceutically and therapeutically equivalent drug product
250-containing the same active ingredient or ingredients, and of
251-the same dosage form strength, in all cases where the
252-practitioner expressly authorizes such selection in accordance
253-with subdivision (4).
254-(2) A licensed pharmacist located in this state shall
255-be permitted to select for the brand name drug product
256-prescribed by a practitioner who is located in another state
257-or licensing jurisdiction and who is authorized by the laws of
258-that state or jurisdiction to write prescriptions, a less
259-expensive pharmaceutically and therapeutically equivalent drug
260-product containing the same active ingredient or ingredients,
261-and of the same dosage form strength, in all cases where the
262-out-of-state licensed physician or other practitioner does not
263-expressly prohibit a substitution.
264-(3) A pharmacist shall record on the prescription form
265-the name and manufacturer or distributor of any drug product
266-dispensed as herein authorized.
267-(4)a. Every written prescription issued in this state
268-by a licensed practitioner shall contain two signature lines.
269-One line shall indicate if the brand name is meant to be
270-dispensed and the other shall indicate if a product selection
271-is permitted. The practitioner shall communicate instructions
242+(c) Each A state drug investigator shall be subject to
243+the same restrictions as other law enforcement officers of the
244+law inwith regard to search and seizure. They
245+(d) A state drug investigator shall report to the board
246+all violations of the laws law relating to pharmacy and all
247+rules and regulations of the board. As directed by the board,
248+it shall be the duty of the state drug investigators to issue
249+citations for violations of such laws, rules, or regulations
250+or institute criminal proceedings against persons for such
251+violations.
252+(e) When authorized by the board and where there are
253+specific complaints, the a state drug investigator shall have
254+the right to may inspect all records, shipping tickets, or any
255+other document pertaining to the transfer of drugs or drug
256+preparations, from or to hospitals, pharmacists, wholesale
257+establishments and manufacturers, or any other place or
258+establishment where the preparations of drugs are kept or
259+stored. They shall have the authority to inspect all
260+prescription files, prescription record books, poison
261+registers, exempt narcotic registers, and any other records
262+pertaining to the filling and filing of prescriptions. It
263+shall be the duty of the
264+(f) A state drug investigator to shall take possession
265+of all revoked licenses and permits or suspended licenses and
266+permits, or both, when such licenses and permits are not
267+surrendered voluntarily to the board by the person or
268+pharmacist individual or entity whose license or permit has
269+been revoked or suspended.
270+(g) Nothing in this chapter shall authorize or require
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301-is permitted. The practitioner shall communicate instructions
302-to the pharmacist by signing on the appropriate line.
303-b. An oral or electronic prescription, including an
304-e-fax, from the practitioner shall instruct the pharmacist
305-whether or not a less expensive pharmaceutically and
306-therapeutically equivalent drug product may be dispensed. The
307-pharmacist shall note instructions on the file copy of the
308-prescription and retain the prescription form for the period
309-specified by law. The State Board of Pharmacy board shall not
310-adopt any rule affecting the subject matter of this
311-subdivision.
312-(5) Unless otherwise indicated by the practitioner, the
313-prescription label on the dispensing container shall indicate
314-the actual drug product dispensed, either the brand name, or
315-if none, the generic name, and the name of the manufacturer or
316-a reasonable abbreviation of the name of the manufacturer.
317-(6)(b)This Subsection (a) shall not be interpreted to
318-exclude the use of a formulary or drug list as adopted and
319-approved by a medical staff in a licensed hospital with drugs
320-provided thereunder by procedures established for use within
321-that licensed hospital.
322-(7) Any person who violates this section shall be
323-punished by a fine of up to $1,000. "
324-"§34-23-12
325-(a) When it shall appear to the board that any person
326-who is not licensed under the provisions of this chapter is
327-violating any of the provisions of this chapter, the The board
328-may in its own name bring an action in the circuit court for
329-an injunction, and the court of this state against any person
300+(g) Nothing in this chapter shall authorize or require
301+the a state drug investigator or state drug investigators to
302+inspect the offices of doctors of medicine physicians who have
303+duly qualified with the State Board of Medical Examiners."
304+"§34-23-8
305+(a) No person shall dispense or cause to be dispensed a
306+different drug or brand of drug in lieu of that ordered or
307+prescribed without the express permission in each case of the
308+person ordering or prescribing such drug, except as provided
309+below:
310+(1) A licensed pharmacist in this state shall be
311+permitted to select for the brand name drug product prescribed
312+by a licensed physician or other practitioner who is located
313+in this state and authorized by law to write prescriptions,
314+hereinafter referred to as "practitioner," a less expensive
315+pharmaceutically and therapeutically equivalent drug product
316+containing the same active ingredient or ingredients, and of
317+the same dosage form strength, in all cases where the
318+practitioner expressly authorizes such selection in accordance
319+with subdivision (4).
320+(2) A licensed pharmacist located in this state shall
321+be permitted to select for the brand name drug product
322+prescribed by a practitioner who is located in another state
323+or licensing jurisdiction and who is authorized by the laws of
324+that state or jurisdiction to write prescriptions, a less
325+expensive pharmaceutically and therapeutically equivalent drug
326+product containing the same active ingredient or ingredients,
327+and of the same dosage form strength, in all cases where the
328+out-of-state licensed physician or other practitioner does not
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359-an injunction, and the court of this state against any person
360-in this state who:
361-(1) Practices pharmacy without a license or permits
362-prescriptions to be compounded or dispensed by a person who is
363-not licensed to practice pharmacy, in violation of Section
364-34-23-50;
365-(2) Operates a pharmacy or other entity without a
366-permit, in violation of Section 34-23-30, 34-23-31, or
367-34-23-32; or
368-(3) Performs pharmacy technician functions without a
369-valid pharmacy technician registration.
370-(b) A court may enjoin any person from violating the
371-provisions of this chapter regardless of whether proceedings
372-have been or may be instituted before the board or whether
373-criminal proceedings have been or may be instituted."
374-"§34-23-13
375-Any person who shall practice A person who does any of
376-the following, unless a penalty is otherwise specifically
377-provided in this chapter, is guilty of a Class B misdemeanor:
378-(1) Practices pharmacy in this state without having
379-first obtained from the board a license, or who permits from
380-the board.
381-(2) Permits prescriptions to be compounded and/or or
382-dispensed by unauthorized persons .; or who violates any of the
383-provisions of this chapter; or who willfully
384-(3) Willfully violates any published provision of this
385-chapter or rule or regulation of adopted by the board; or who
386-does any act described in this chapter as unlawful, the
387-penalty for which is not herein specifically provided, shall
358+out-of-state licensed physician or other practitioner does not
359+expressly prohibit a substitution.
360+(3) A pharmacist shall record on the prescription form
361+the name and manufacturer or distributor of any drug product
362+dispensed as herein authorized.
363+(4)a. Every written prescription issued in this state
364+by a licensed practitioner shall contain two signature lines.
365+One line shall indicate if the brand name is meant to be
366+dispensed and the other shall indicate if a product selection
367+is permitted. The practitioner shall communicate instructions
368+to the pharmacist by signing on the appropriate line.
369+b. An oral or electronic prescription, including an
370+e-fax, from the practitioner shall instruct the pharmacist
371+whether or not a less expensive pharmaceutically and
372+therapeutically equivalent drug product may be dispensed. The
373+pharmacist shall note instructions on the file copy of the
374+prescription and retain the prescription form for the period
375+specified by law. The State Board of Pharmacy board shall not
376+adopt any rule affecting the subject matter of this
377+subdivision.
378+(5) Unless otherwise indicated by the practitioner, the
379+prescription label on the dispensing container shall indicate
380+the actual drug product dispensed, either the brand name, or
381+if none, the generic name, and the name of the manufacturer or
382+a reasonable abbreviation of the name of the manufacturer.
383+(6)(b)This Subsection (a) shall not be interpreted to
384+exclude the use of a formulary or drug list as adopted and
385+approved by a medical staff in a licensed hospital with drugs
386+provided thereunder by procedures established for use within
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417-penalty for which is not herein specifically provided, shall
418-be guilty of a misdemeanor and, upon conviction, shall be
419-punished by fine of not more than $1,000 for each offense, to
420-be fixed by the court trying the case, and in addition thereto
421-may be, in the discretion of the court trying the case,
422-sentenced to hard labor for the county for a period not to
423-exceed 12 months ."
424-"§34-23-30
425-(a) Every pharmacy, hospital pharmacy, drugstore,
426-pharmacy department, prescription department, prescription
427-laboratory, apothecary, or and any other establishment entity
428-with a title implying the sale, offering for sale,
429-compounding, or dispensing of drugs, or and any entity
430-providing pharmacy services for patients residing in this
431-state, shall register biennially and receive a permit from the
432-board in accordance with this chapter . Any person desiring to
433-open, operate, maintain, or establish a pharmacy or to
434-establish an entity to provide pharmacy services shall apply
435-to the board for a permit at least 30 days prior to the
436-opening of the business. No pharmacy or entity performing
437-pharmacy services shall open for the transaction of be
438-authorized to transact business until it the pharmacy or
439-entity has been registered, inspected, and had a permit issued
440-by the board.
441-(b)(1) The application for a permit shall be made on a
442-form prescribed and furnished by the board which when properly
443-executed shall indicate the ownership desiring such the permit
444-and the names and license numbers of all licensed pharmacists
445-employed as well as the location of the pharmacy or entity
416+provided thereunder by procedures established for use within
417+that licensed hospital.
418+(7)(c)Any person who violates this section shall be
419+punished byThe board may impose a fine civil penalty of up to
420+one thousand dollars ( $1,000) against any person who violates
421+this section."
422+"§34-23-12
423+(a) When it shall appear to the board that any person
424+who is not licensed under the provisions of this chapter is
425+violating any of the provisions of this chapter, the The board
426+may in its own name bring an action in the circuit court for
427+an injunction, and the court of this state against any person
428+in this state who:
429+(1) Practices pharmacy without a license or permits
430+prescriptions to be compounded or dispensed by a person who is
431+not licensed to practice pharmacy, in violation of Section
432+34-23-50; or
433+(2) Operates a pharmacy or other entity without a
434+permit, in violation of Section 34-23-30, 34-23-31, or
435+34-23-32.
436+(b) A court may enjoin any person from violating the
437+provisions of this chapter regardless of whether proceedings
438+have been or may be instituted before the board or whether
439+criminal proceedings have been or may be instituted."
440+"§34-23-13
441+Any person who shall practice A person who does any of
442+the following, unless a penalty is otherwise specifically
443+provided in this chapter, is guilty of a Class B misdemeanor:
444+(1) Practices pharmacy in this state without having
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475-employed as well as the location of the pharmacy or entity
476-where pharmacy services are performed and other information as
477-the board may require. If more than one pharmacy or entity
478-where pharmacy services are performed is operated by the same
479-owner, a separate application for registration shall be made
480-and a separate permit issued for each such establishment
481-entity.
482-(2) All permits issued under this section shall become
483-due on October 31 and shall become null and void on December
484-31 of even-numbered years. Every application for a permit for
485-a new pharmacy or entity where pharmacy services are performed
486-shall be accompanied by a fee to be determinedset by the
487-board, by rule., but the fee shall not be less than one
488-hundred dollars ($100) nor more than two hundred dollars
489-($200). Every application for a renewal permit shall be
490-accompanied by a fee to be determined by the board, but the
491-fee shall not be less than fifty dollars ($50) nor more than
492-one hundred fifty dollars ($150). Every application for a
493-permit due to transfer of ownership shall be accompanied by a
494-fee to be determined by the board, but the fee shall not be
495-less than one hundred fifty dollars ($150) nor more than four
496-hundred dollars ($400). Every application for a permit for an
497-out-of-state pharmacy or entity where pharmacy services are
498-performed shall be accompanied by a fee to be determined by
499-the board, but the fee shall not be less than seven hundred
500-fifty dollars ($750) nor more than two thousand dollars
501-($2,000). Every application for a renewal permit for an
502-out-of-state pharmacy or entity where pharmacy services are
503-performed shall be accompanied by a fee to be determined by
474+(1) Practices pharmacy in this state without having
475+first obtained from the board a license, or who permits from
476+the board.
477+(2) Permits prescriptions to be compounded and/or or
478+dispensed by unauthorized persons .; or who violates any of the
479+provisions of this chapter; or who willfully
480+(3) Willfully violates any published provision of this
481+chapter or rule or regulation of adopted by the board; or who
482+does any act described in this chapter as unlawful, the
483+penalty for which is not herein specifically provided, shall
484+be guilty of a misdemeanor and, upon conviction, shall be
485+punished by fine of not more than $1,000 for each offense, to
486+be fixed by the court trying the case, and in addition thereto
487+may be, in the discretion of the court trying the case,
488+sentenced to hard labor for the county for a period not to
489+exceed 12 months ."
490+"§34-23-30
491+(a) Every pharmacy, hospital pharmacy, drugstore,
492+pharmacy department, prescription department, prescription
493+laboratory, apothecary, or and any other establishment entity
494+with a title implying the sale, offering for sale,
495+compounding, or dispensing of drugs, or and any entity
496+providing pharmacy services for patients residing in this
497+state, shall register biennially and receive a permit from the
498+board in accordance with this chapter . Any person desiring to
499+open, operate, maintain, or establish a pharmacy or to
500+establish an entity to provide pharmacy services shall apply
501+to the board for a permit at least 30 days prior to the
502+opening of the business. No pharmacy or entity performing
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533-performed shall be accompanied by a fee to be determined by
534-the board, but the fee shall not be less than four hundred
535-dollars ($400) nor more than seven hundred fifty dollars
536-($750). Each application for the renewal of a permit shall be
537-made on or before October 31 of each even-numbered year, at
538-which time the previous permit shall become null and void on
539-December 31 of even-numbered years. A penalty of twenty-five
540-dollars ($25) for each overdue month shall be assessed in
541-addition to the permit fee for renewal of delinquent permits.
542-(3) The secretary of the board shall issue a permit for
543-each pharmacy or entity where pharmacy services are performed
544-whose application is found to be satisfactory by the board.
545-Permits issued under this section shall not be transferable.
546-Any change in the control of ownership or licensed pharmacists
547-shall be reported to the board in writing within 10 days of
548-such occurrence. If the pharmacy or entity where pharmacy
549-services are performed is owned by a corporation, the permit
550-shall be issued in the name of the corporation. It shall be
551-the duty of the owners Owners of pharmacies or the owners of
552-entities where pharmacy services are performed who are not
553-licensed pharmacists to shall immediately notify the board
554-upon the termination of employment of licensed pharmacists and
555-to shall cause the surrender of permits as indicated. The
556-further operation of the pharmacy or entity where pharmacy
557-services are performed in the absence of licensed pharmacists
558-is forbidden; provided, that the nonregistered owner shall
559-have a period of 30 days within which to comply with this
560-subsection. The next of kin of any deceased licensed
561-pharmacist owner shall have a period of 30 days within which
532+opening of the business. No pharmacy or entity performing
533+pharmacy services shall open for the transaction of business
534+until it has been registered, inspected, and a permit issued
535+by the board.
536+(b)(1) The application for a permit shall be made on a
537+form prescribed and furnished by the board which when properly
538+executed shall indicate the ownership desiring such the permit
539+and the names and license numbers of all licensed pharmacists
540+employed as well as the location of the pharmacy or entity
541+where pharmacy services are performed and other information as
542+the board may require. If more than one pharmacy or entity
543+where pharmacy services are performed is operated by the same
544+owner, a separate application for registration shall be made
545+and a separate permit issued for each such establishment.
546+(2) All permits issued under this section shall become
547+due on October 31 and shall become null and void on December
548+31 of even-numbered years. Every application for a permit for
549+a new pharmacy or entity where pharmacy services are performed
550+shall be accompanied by a fee to be determinedset by the
551+board, by rule., but the fee shall not be less than one
552+hundred dollars ($100) nor more than two hundred dollars
553+($200). Every application for a renewal permit shall be
554+accompanied by a fee to be determined by the board, but the
555+fee shall not be less than fifty dollars ($50) nor more than
556+one hundred fifty dollars ($150). Every application for a
557+permit due to transfer of ownership shall be accompanied by a
558+fee to be determined by the board, but the fee shall not be
559+less than one hundred fifty dollars ($150) nor more than four
560+hundred dollars ($400). Every application for a permit for an
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591-pharmacist owner shall have a period of 30 days within which
592-to comply with this chapter, during which time no
593-prescriptions shall may be filled unless a licensed pharmacist
594-is on duty.
595-(4) All permits issued under this section shall expire
596-on December 31 of even-numbered years unless the permit holder
597-renews the permit by paying the applicable renewal fee. The
598-renewal fee is due on December 31, and if not received by that
599-date, the permit shall be considered delinquent and the board
600-may impose a late fee of twenty-five dollars ($25) for each
601-month the renewal fee is late, provided a delinquency fee may
602-not exceed one thousand dollars ($1,000). The board may also
603-suspend a permit that is not renewed within a prescribed
604-period of time, as determined by rule of the board.
605-(c) The board, by rule, shall set the following fees on
606-the holders of permits issued under this section:
607-(1) For a permit for a resident pharmacy or resident
608-entity that performs pharmacy services, a fee of not less than
609-one hundred dollars ($100) nor more than five hundred dollars
610-($500).
611-(2) For a resident pharmacy permit renewal, a fee of
612-not less than one hundred dollars ($100) nor more than three
613-hundred dollars ($300).
614-(3) For a transfer of ownership, a fee of not less than
615-one hundred fifty dollars ($150) nor more than four hundred
616-dollars ($400).
617-(4) For a permit for a nonresident pharmacy or
618-nonresident entity that performs pharmacy services, a fee of
619-not less than seven hundred fifty dollars ($750) nor more than
590+hundred dollars ($400). Every application for a permit for an
591+out-of-state pharmacy or entity where pharmacy services are
592+performed shall be accompanied by a fee to be determined by
593+the board, but the fee shall not be less than seven hundred
594+fifty dollars ($750) nor more than two thousand dollars
595+($2,000). Every application for a renewal permit for an
596+out-of-state pharmacy or entity where pharmacy services are
597+performed shall be accompanied by a fee to be determined by
598+the board, but the fee shall not be less than four hundred
599+dollars ($400) nor more than seven hundred fifty dollars
600+($750). Each application for the renewal of a permit shall be
601+made on or before October 31 of each even-numbered year, at
602+which time the previous permit shall become null and void on
603+December 31 of even-numbered years. A penalty of twenty-five
604+dollars ($25) for each overdue month shall be assessed in
605+addition to the permit fee for renewal of delinquent permits.
606+(3) The secretary of the board shall issue a permit for
607+each pharmacy or entity where pharmacy services are performed
608+whose application is found to be satisfactory by the board.
609+Permits issued under this section shall not be transferable.
610+Any change in the control of ownership or licensed pharmacists
611+shall be reported to the board in writing within 10 days of
612+such occurrence. If the pharmacy or entity where pharmacy
613+services are performed is owned by a corporation, the permit
614+shall be issued in the name of the corporation. It shall be
615+the duty of the owners Owners of pharmacies or the owners of
616+entities where pharmacy services are performed who are not
617+licensed pharmacists to shall immediately notify the board
618+upon the termination of employment of licensed pharmacists and
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649-not less than seven hundred fifty dollars ($750) nor more than
650-two thousand dollars ($2,000).
651-(5) For a renewal permit for a nonresident pharmacy or
652-nonresident entity that performs pharmacy services, a fee of
653-not less than four hundred dollars ($400) nor more than seven
654-hundred fifty dollars ($750).
655-(d) No mail order pharmacy shall transact business in
656-this state without a permit from the board.
657-(b) (e) Requirements for the grant of authority by the
658-board to any entity providing pharmacy services shall be by
659-board ruleThe board, by rule, shall establish qualifications
660-for any individual or entity providing pharmacy services in
661-the state.
662-(c) (f) Nothing contained in this section related to
663-pharmacy services permits shall be interpreted to delegate to
664-the board the authority to adopt rules governing pharmacy
665-benefit benefits managers.
666-(d) Any person who violates this section shall be
667-guilty of a misdemeanor. "
668-"§34-23-32.2
669-(a) Any requirements established by the FDA Guidelines
670-in the Drug Quality and Security Act shall be adhered to by
671-the affected parties.
672-(b)(1) The board may issue an annual permit to any
673-manufacturer, manufacturer affiliate, bottler, packager,
674-repackager, third party third-party logistic provider,
675-wholesale drug distributor, private label distributor, or
676-pharmacy business identified in the supply chain of any drugs,
677-legend drugs, medicines, chemicals, or poisons for medicinal
648+upon the termination of employment of licensed pharmacists and
649+to shall cause the surrender of permits as indicated. The
650+further operation of the pharmacy or entity where pharmacy
651+services are performed in the absence of licensed pharmacists
652+is forbidden; provided, that the nonregistered owner shall
653+have a period of 30 days within which to comply with this
654+subsection. The next of kin of any deceased licensed
655+pharmacist owner shall have a period of 30 days within which
656+to comply with this chapter, during which time no
657+prescriptions shall may be filled unless a licensed pharmacist
658+is on duty.
659+(4) All permits issued under this section shall expire
660+on December 31 of even-numbered years unless the permit holder
661+renews the permit by paying the applicable renewal fee. The
662+renewal fee is due on October 31, and if not received by that
663+date, the board may impose a late fee of twenty-five dollars
664+($25) for each month the renewal fee is late. If the renewal
665+fee and applicable late fees are not received by December 31,
666+the permit shall be considered delinquent, and the board may
667+suspend the permit or impose an additional delinquency fee, as
668+set by the board, by rule, which may not exceed one thousand
669+dollars ($1,000).
670+(c) The board, by rule shall set the following fees on
671+the holders of permits issued under this section:
672+(1) For a permit for a resident pharmacy or resident
673+entity that performs pharmacy services, a fee of not less than
674+one hundred dollars ($100) nor more than two hundred dollars
675+($200).
676+(2) For a permit renewal, a fee of not less than fifty
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707-legend drugs, medicines, chemicals, or poisons for medicinal
708-purposes.
709-(2) The board, by rule, shall establish fees for the
710-various categories of permits issued under this section and
711-fines for violations of this section of not less than five
712-hundred dollars ($500) nor more than two thousand dollars
713-($2,000). In addition, the board, by rule, may establish
714-renewal fees and late fees for failure to renew a permit in a
715-timely manner. Proceeds received by the board from fees levied
716-and fines collected pursuant to this section shall be used by
717-the board to fund the costs of permitting, inspecting, and
718-investigating any business permitted pursuant to this
719-section."
720-"§34-23-33
721-(a) The board may revoke , or suspend, a license,
722-permit, certificate, or registration, place on probation, or
723-require remediation for any licensed pharmacist or a holder of
724-a pharmacy intern or extern certificate for a specified time
725-as determined by the board and take the same or similar action
726-against the permit to operate any pharmacy in this state , or
727-impose monetary penalties in accordance with subsection (b)
728-against any person who holds a license, permit, certificate,
729-or registration issued by the board whenever the board finds
730-by a preponderance of the evidence, or pursuant to a consent
731-decree, that the pharmacist has been guilty of any of the
732-following acts or offenses any of the following :
733-(1) Obtaining a license, permit, certificate, or
734-registration from the board by fraudulent means.
735-(2) Violation of the laws Violating any law regulating
706+(2) For a permit renewal, a fee of not less than fifty
707+dollars ($50) nor more than one hundred fifty dollars ($150).
708+(3) For a transfer of ownership, a fee of not less than
709+one hundred fifty dollars ($150) nor more than four hundred
710+dollars ($400).
711+(4) For a permit for a nonresident pharmacy or
712+nonresident entity that performs pharmacy services, a fee of
713+not less than seven hundred fifty dollars ($750) nor more than
714+two thousand dollars ($2,000).
715+(5) For a renewal permit for a nonresident pharmacy or
716+nonresident entity that performs pharmacy services, a fee of
717+not less than four hundred dollars ($400) nor more than seven
718+hundred fifty dollars ($750).
719+(d) No mail order pharmacy shall transact business in
720+this state without a permit from the board.
721+(b) (e) Requirements for the grant of authority by the
722+board to any entity providing pharmacy services shall be by
723+board ruleThe board, by rule, shall establish qualifications
724+for any individual or entity providing pharmacy services in
725+the state.
726+(c) (f) Nothing contained in this section related to
727+pharmacy services permits shall be interpreted to delegate to
728+the board the authority to adopt rules governing pharmacy
729+benefit benefits managers.
730+(d) Any person who violates this section shall be
731+guilty of a misdemeanor. "
732+"§34-23-32.2
733+(a) Any requirements established by the FDA Guidelines
734+in the Drug Quality and Security Act shall be adhered to by
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765-(2) Violation of the laws Violating any law regulating
766-the sale or dispensing of narcotics, exempt narcotics, or
767-drugs bearing the label "caution, federal law prohibits
768-dispensing without prescription," or similar wording which
769-causes the drugs to be classified as prescription legend
770-drugs.
771-(3) Conviction of a felony. A copy of the record of the
772-conviction, certified by the clerk of the court entering the
773-conviction, shall be conclusive evidence of the conviction.
774-(4) Conviction of any crime or offense that reflects
775-the inability of the practitioner to practice pharmacy with
776-due regard for the health and safety of the patients.
777-(5) Demonstrated inability Inability to practice
778-pharmacy with reasonable skill and safety to patients by
779-reason of illness, inebriationintoxication, misuse of drugs,
780-narcotics, alcohol, chemicals, or any other substance, or as a
781-result of any mental or physical condition. When the issue is
782-whether or not a pharmacist is physically or mentally capable
783-of practicing pharmacy with reasonable skill and safety to
784-patients, then, upon a showing of probable cause to the board
785-that the pharmacist is not capable of practicing pharmacy with
786-reasonable skill and safety to patients, the board may require
787-the pharmacist in question to submit to a psychological
788-examination by a psychologist to determine psychological
789-status or a physical examination by a physician, or both, to
790-determine physical condition. The psychologist or physician,
791-or both, shall be designated by the board. The expense of the
792-examination shall be borne by the board. Where the pharmacist
793-raises the issue of mental or physical competence or appeals a
764+in the Drug Quality and Security Act shall be adhered to by
765+the affected parties.
766+(b)(1) The board may issue an annual permit to any
767+manufacturer, manufacturer affiliate, bottler, packager,
768+repackager, third party third-party logistic provider,
769+wholesale drug distributor, private label distributor, or
770+pharmacy business identified in the supply chain of any drugs,
771+legend drugs, medicines, chemicals, or poisons for medicinal
772+purposes.
773+(2) The board, by rule, shall establish fees for
774+permits issued under this section and fines for violations of
775+this section not to exceed seven hundred fifty dollars ($750) .
776+In addition, the board, by rule, may establish renewal fees
777+and late fees for failure to renew a permit in a timely
778+manner. Proceeds received by the board from fees levied and
779+fines collected pursuant to this section shall be used by the
780+board to fund the costs of permitting, inspecting, and
781+investigating any business permitted pursuant to this
782+section."
783+"§34-23-33
784+(a) The board may revoke , or suspend, a license,
785+permit, or certificate or place on probation , or require
786+remediation for or impose a civil penalty not to exceed one
787+thousand dollars ($1,000) per violation against any licensed
788+pharmacist,or a holder of a pharmacy intern or extern
789+certificate,for a specified time as determined by the board
790+and take the same or similar action against the or holder of a
791+permit to operate any pharmacy in this state, whenever the
792+board finds by a preponderance of the evidence, or pursuant to
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823-raises the issue of mental or physical competence or appeals a
824-decision regarding his or her mental or physical competence,
825-the pharmacist shall be permitted to obtain his or her own
826-evaluation at the pharmacist's expense. If the objectivity or
827-adequacy of the examination is suspect, the board may complete
828-the examination by the designated practitioners at its own
829-expense. When mental or physical capacity to practice is at
830-issue, every pharmacist licensed to practice pharmacy in the
831-state shall be deemed to have given consent to submit to a
832-mental or physical examination or to any combination of the
833-examinations and to waive all objections to the admissibility
834-of the examination, or to previously adjudicated evidence of
835-mental incompetence.
836-(6) Gross malpractice or repeated malpractice or gross
837-negligence in the practice of pharmacy.
838-(7) Violation of any provisions contained in this
839-chapter or rule of the board .
840-(8) Employing, assisting, or enabling in any manner any
841-unlicensed person to practice pharmacy.
842-(9) The suspension, revocation, or probation by another
843-state of a license to practice pharmacy. A certified copy of
844-the record of suspension, revocation, or probation of the
845-state making such a imposing the suspension, revocation, or
846-probation shall be conclusive evidence of the suspension,
847-revocation, or probation. This subdivision does not authorize
848-the board to take any disciplinary action, including
849-imposition of a monetary penalty, against any individual or
850-entity that has not been issued a license, permit,
851-certificate, or registration by the board and has not violated
822+board finds by a preponderance of the evidence, or pursuant to
823+a consent decree, that the pharmacist has been guilty of any
824+of the following acts or offenses for any of the following :
825+(1) Obtaining a license, permit, or registration from
826+the board by fraudulent means.
827+(2) Violation of the laws Violating any law regulating
828+the sale or dispensing of narcotics, exempt narcotics, or
829+drugs bearing the label "caution, federal law prohibits
830+dispensing without prescription," or similar wording which
831+causes the drugs to be classified as prescription legend
832+drugs.
833+(3) Conviction of a felony. A copy of the record of the
834+conviction, certified by the clerk of the court entering the
835+conviction, shall be conclusive evidence of the conviction.
836+(4) Conviction of any crime or offense that reflects
837+the inability of the practitioner to practice pharmacy with
838+due regard for the health and safety of the patients.
839+(5) Demonstrated inability Inability to practice
840+pharmacy with reasonable skill and safety to patients by
841+reason of illness, inebriationintoxication, misuse of drugs,
842+narcotics, alcohol, chemicals, or any other substance, or as a
843+result of any mental or physical condition. When the issue is
844+whether or not a pharmacist is physically or mentally capable
845+of practicing pharmacy with reasonable skill and safety to
846+patients, then, upon a showing of probable cause to the board
847+that the pharmacist is not capable of practicing pharmacy with
848+reasonable skill and safety to patients, the board may require
849+the pharmacist in question to submit to a psychological
850+examination by a psychologist to determine psychological
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881-certificate, or registration by the board and has not violated
882-any provision of this chapter or rule of the board.
883-(10) Refusal to appear before the board after having
884-been ordered to do so in writing by the executive officer
885-secretary or chair of the board.
886-(11) Making any fraudulent or untrue statement to the
887-board.
888-(12) Violation of any rule or regulation of the board.
889-(13)(12) Violation of the code of professional conduct
890-adopted by the board in the rules and regulations of the
891-board.
892-(b)(1) The board shall have the authority to adopt
893-rules imposing a non-disciplinary administrative penalty for
894-designated violations of this chapter may impose monetary
895-penalties in the form of civil penalties for disciplinary
896-violations and administrative fines for non-disciplinary
897-violations of this chapter and rules of the board, as
898-determined by the board.
899-(2) The board, by rule, shall adopt a monetary penalty
900-schedule or schedules, which shall include both civil
901-penalties and administrative fines, and which may be dollar
902-amount ranges based on the underlying violation. After the
903-rule is certified, the board shall publish the monetary
904-penalty schedule or schedules on the board’s website.
905-Beginning January 1, 2026, the board may not impose any
906-monetary penalty unless the monetary penalty is covered and
907-addressed by a monetary penalty schedule formally adopted by
908-rule.
909-(3) When determining the amount of a monetary penalty
880+examination by a psychologist to determine psychological
881+status or a physical examination by a physician, or both, to
882+determine physical condition. The psychologist or physician,
883+or both, shall be designated by the board. The expense of the
884+examination shall be borne by the board. Where the pharmacist
885+raises the issue of mental or physical competence or appeals a
886+decision regarding his or her mental or physical competence,
887+the pharmacist shall be permitted to obtain his or her own
888+evaluation at the pharmacist's expense. If the objectivity or
889+adequacy of the examination is suspect, the board may complete
890+the examination by the designated practitioners at its own
891+expense. When mental or physical capacity to practice is at
892+issue, every pharmacist licensed to practice pharmacy in the
893+state shall be deemed to have given consent to submit to a
894+mental or physical examination or to any combination of the
895+examinations and to waive all objections to the admissibility
896+of the examination, or to previously adjudicated evidence of
897+mental incompetence.
898+(6) Gross malpractice or repeated malpractice or gross
899+negligence in the practice of pharmacy.
900+(7) Violation of any provisions contained in this
901+chapter.
902+(8) Employing, assisting, or enabling in any manner any
903+unlicensed person to practice pharmacy.
904+(9) The suspension, revocation, or probation by another
905+state of a license to practice pharmacy. A certified copy of
906+the record of suspension, revocation, or probation of the
907+state making such a imposing the suspension, revocation, or
908+probation shall be conclusive evidence of the suspension,
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939-(3) When determining the amount of a monetary penalty
940-for a specific violation, the board shall consider the level
941-and scope of misconduct, the level of risk to public health
942-and safety, the compliance history of the violator, and if the
943-violator is an entity, the size of the business, including its
944-annual revenues."
938+probation shall be conclusive evidence of the suspension,
939+revocation, or probation. This subdivision does not authorize
940+the board to take any disciplinary action, including
941+imposition of a civil penalty, against any individual or
942+entity that has not been issued a license or permit by the
943+board and has not violated any provision of this chapter.
944+(10) Refusal to appear before the board after having
945+been ordered to do so in writing by the executive officer
946+secretary or chair of the board.
947+(11) Making any fraudulent or untrue statement to the
948+board.
949+(12) Violation of any rule or regulation of the board.
950+(13) Violation of the code of professional conduct
951+adopted by the board in the rules and regulations of the
952+board.
953+(b) The board shall have the authority to adopt rules
954+imposing a non-disciplinary administrative penalty for
955+designated violations of this chapter. "
945956 "§34-23-34
946957 No disciplinary action described in Section 34-23-33
947958 relating to the license, registration, certificate, or permit
948959 of any person individual or entity regulated by the board may
949960 be taken unless a statement of charges and notice of hearing
950961 has been served on the person individual or entity at least 30
951962 days before the date fixed for the hearing. The board, at its
952963 sole discretion, may serve the statement of charges by
953964 personal service or by registered or certified mail or
954965 delivery by any recognized delivery or courier service to the
955966 address of the person individual or entity in the records of
956-the board. The burden of proof shall be on the board."
957-"§34-23-52
958-(a)(1) All certificates of licensure shall expire on
959-December 31 of even-numbered years . In order to continue to be
960-licensed, every unless a licensed pharmacist shall pay to the
961-secretary of the board a biennial pays a renewal fee to be
962-determinedin a specified amount set by the board, by rule.,
963-but the The fee shall not be less than twenty-five dollars
964-($25) nor more than one hundred fifty dollars ($150). The
965-renewal fee shall be due on October December 31 and delinquent
966-after December 31 of even-numbered years, except that holders
967-of life certificates to practice pharmacy previously issued
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997-of life certificates to practice pharmacy previously issued
998-shall not be required to pay a renewal fee. The payment of the
996+address of the person individual or entity in the records of
997+the board. The burden of proof shall be on the board."
998+"§34-23-52
999+(a)(1) All certificates of licensure shall expire on
1000+December 31 of even-numbered years . In order to continue to be
1001+licensed, every unless a licensed pharmacist shall pay to the
1002+secretary of the board a biennial pays a renewal fee to be
1003+determinedin a specified amount set by the board, by rule.,
1004+but the The fee shall not be less than twenty-five dollars
1005+($25) nor more than one hundred fifty dollars ($150). The
1006+renewal fee shall be due on October 31 and delinquent after
1007+December 31 of even-numbered years, except that holders of
1008+life certificates to practice pharmacy previously issued shall
1009+not be required to pay a renewal fee. The payment of the
9991010 renewal fee shall entitle the registrants to renewal of their
10001011 certificates at the discretion of the board. If any pharmacist
10011012 fails to pay a the renewal fee on or before the due date, the
10021013 holder of the certificate may be reinstated as a licensed
10031014 pharmacist only upon payment of a penalty of ten dollars ($10)
1004-for each lapsed month and all lapsed fees, provided by
1005-December 31, the board in accordance with board rule, may
1006-impose a late fee which may not exceed ten dollars ($10) for
1007-each lapsed month. Notwithstanding the foregoing, the lapsed
1008-time of registration may not exceed five years, in which case
1015+for each lapsed month and all lapsed fees, provided and
1016+applicable late fees by December 31, the permit shall be
1017+considered delinquent, and the board may suspend the permit or
1018+impose an additional delinquency fee, as set by the board, by
1019+rule, which may not exceed ten dollars ($10) for each lapsed
1020+month. Notwithstanding the foregoing, the lapsed time of
1021+registration may not exceed five years, in which case
10091022 reinstatement may occur only upon satisfactory examination by
10101023 the board.
10111024 (2) Notwithstanding subdivision (1), holders of life
1012-certificates to practice pharmacy previously issued shall not
1013-be required to pay a renewal fee.
1014-(b) In addition to any fee requirements, each
1015-pharmacist shall be required to complete continuing education
1016-for each renewal period, as determined by the board by rule."
1017-"§34-23-90
1018-(a) The Alabama State Board of Pharmacy is created and
1019-vested with the authority to carry out the purposes of and
1020-enforce this chapter.
1021-(b)(1) The Beginning October 1, 2025, the board shall
1022-consist of five members who are residents of this state
1023-appointed in a manner that ensures that each congressional
1024-district in the state is represented by a board member who
1025-resides in that district during his or her entire term of
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1055-resides in that district during his or her entire term of
1056-office. Subject to subdivision (3), membership of the board
1057-shall be as follows:
1058-a. One hospital pharmacist licensed by the board who is
1059-appointed by the Governor from a list of three names submitted
1060-by the Alabama Society of Health System Pharmacists.
1061-b. One chain pharmacist licensed by the board who is
1062-appointed by the Governor from a list of three names submitted
1063-from the Alabama Pharmacy Association.
1064-c. One independent pharmacist licensed by the board who
1065-is appointed by the Lieutenant Governor from a list of three
1066-names submitted from the Alabama Pharmacy Association.
1067-d. One specialty pharmacist, such as a nuclear, home
1068-infusion, compounding only, or consultant pharmacist, licensed
1069-by the board who is appointed by the Speaker of the House of
1070-Representatives from a list of three names submitted from the
1071-Alabama Pharmacy Association.
1072-e. One institutional pharmacist, such as a
1073-non-hospital, nursing home, assisted living, or prison
1074-pharmacist, licensed by the board who is appointed by the
1075-President Pro Tempore of the Senate from a list of three names
1076-submitted from the Alabama Society of Health System
1077-Pharmacists.
1078-f. One academic pharmacist licensed by the board who is
1079-appointed by the Lieutenant Governor from a list of four
1080-names, with two names each submitted from the two state
1081-pharmacy schools.
1082-g. One at-large pharmacist licensed by the board
1083-appointed by the Speaker of the House of Representatives from
1054+(2) Notwithstanding subdivision (1), holders of life
1055+certificates to practice pharmacy previously issued shall not
1056+be required to pay a renewal fee.
1057+(b) In addition to any fee requirements, each
1058+pharmacist shall be required to complete continuing education
1059+for each renewal period, as determined by the board by rule."
1060+"§34-23-90
1061+(a) The Alabama State Board of Pharmacy is created and
1062+vested with the authority to carry out the purposes of and
1063+enforce this chapter.
1064+(b)(1) The Beginning October 1, 2025, the board shall
1065+consist of five nine members who are residents of this state .
1066+The members of the board shall be licensed pharmacists who
1067+have been licensed in this state for a minimum of five years
1068+appointed by the Governor in a manner that ensures that each
1069+congressional district in the state is represented by a board
1070+member who resides in that district during his or her entire
1071+term of office. Subject to subdivision (2), membership of the
1072+board shall be as follows:
1073+a. Five pharmacists licensed by the board, each of whom
1074+must have at least seven years experience as a practicing
1075+pharmacist and who are actively engaged in the practice of
1076+pharmacy or pharmacy administration, or both.
1077+b. Two pharmacy technicians licensed by the board who
1078+are actively engaged as a pharmacy technician.
1079+c. Two additional at-large members, one of whom is a
1080+licensed health care professional.
1081+(2) Any member serving on the board on October 1, 2025,
1082+shall continue to serve until his or her term expires, at
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1113-appointed by the Speaker of the House of Representatives from
1114-a list of three names submitted from the Alabama Pharmacy
1115-Association.
1116-h. One registered pharmacy technician licensed by the
1117-board appointed by the President Pro Tempore of the Senate
1118-from a list of three names submitted from the Alabama Pharmacy
1119-Association.
1120-i. One at-large consumer who is appointed by the
1121-Governor. The members of the board shall be licensed
1122-pharmacists who have been licensed in this state for a minimum
1123-of five years and who are actively engaged in the practice of
1124-pharmacy or pharmacy administration, or both.
1112+shall continue to serve until his or her term expires, at
1113+which time the Governor shall appoint a member who meets the
1114+requirements in subdivision (1). A member serving on the board
1115+on October 1, 2025, who meets the requirements of subdivision
1116+(1) may be reappointed to an additional term, provided, the
1117+reappointment complies with subsection (d).
11251118 (b) Three members shall be appointed by the Governor.
11261119 Of the three appointed members, one member shall be engaged in
11271120 the practice of pharmacy or pharmacy administration, or both,
11281121 in a hospital, one in an independent pharmacy, and one in a
11291122 chain pharmacy. On or before August 1, 1996, and each five
11301123 years thereafter, or whenever a vacancy occurs in the
11311124 designated position for hospital pharmacists, the Alabama
11321125 Society of Health System Pharmacists, or its successor
11331126 organization, shall submit a list of three nominees to the
11341127 Governor. On or before August 1, 1994, and each five years
11351128 thereafter, or whenever a vacancy occurs in the designated
11361129 position for a chain pharmacist, the Alabama Pharmacy
11371130 Association, or its successor organization, shall submit a
11381131 list of three nominees to the Governor. On or before August 1,
11391132 1997, and each five years thereafter, or whenever a vacancy
11401133 occurs in the designated position for the independent
11411134 pharmacist, the independent pharmacist members of the Alabama
1135+Pharmacy Association, or its successor organization, shall
1136+submit a list of three nominees to the Governor. From the
1137+names submitted to the Governor, the Governor shall appoint a
1138+replacement on or before December 31 of the same year the
1139+nominations are received, for the member or members whose term
1140+or terms are expiring. Background information shall be
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1171-pharmacist, the independent pharmacist members of the Alabama
1172-Pharmacy Association, or its successor organization, shall
1173-submit a list of three nominees to the Governor. From the
1174-names submitted to the Governor, the Governor shall appoint a
1175-replacement on or before December 31 of the same year the
1176-nominations are received, for the member or members whose term
11771170 or terms are expiring. Background information shall be
11781171 provided for each nominee for an appointed position.
11791172 (c)(1) On or before December 1, 1995, and each five
11801173 years thereafter, and on or before December 1, 1998, and each
11811174 five years thereafter, or whenever a vacancy occurs in a
11821175 nondesignated position, the Board of Trustees of the Alabama
11831176 Pharmacy Association, or its successor organization, shall
11841177 select a committee of five pharmacists who are members of the
11851178 association to serve as a nominating committee. No member of
11861179 the nominating committee shall be a candidate. The committee
11871180 shall receive names of pharmacists actively engaged in
11881181 pharmacy practice or administration, or both, from companies
11891182 and individuals, and shall narrow the list of nominees to two
11901183 names to be placed on a ballot to be voted on by all Alabama
11911184 pharmacists.
11921185 (2) The election procedure for a nondesignated slot
11931186 shall be as follows: Each candidate shall provide a
11941187 biographical sketch of not more than 150 words, which shall
11951188 include his or her most recent practice experience. The board
11961189 shall select a third party to conduct the election and
11971190 tabulate the ballot results. The election ballots and a
11981191 biographical sketch of the candidates shall be delivered by
11991192 the third party to Alabama licensed pharmacists by September
1193+1. The ballot delivery shall be conducted in a secure manner
1194+to safeguard organizational data and to ensure the integrity
1195+of the voting process. Completed election ballots must be
1196+received by the third party no later than October 1 to be
1197+tabulated. A pharmacist receiving a majority of the ballots
1198+received shall be considered the winner. If a runoff election
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1229-the third party to Alabama licensed pharmacists by September
1230-1. The ballot delivery shall be conducted in a secure manner
1231-to safeguard organizational data and to ensure the integrity
1232-of the voting process. Completed election ballots must be
1233-received by the third party no later than October 1 to be
1234-tabulated. A pharmacist receiving a majority of the ballots
12351228 received shall be considered the winner. If a runoff election
12361229 is necessary, the runoff ballots shall be delivered to
12371230 licensed pharmacists by November 1 by the same method of
12381231 ballot delivery as provided above. Completed runoff election
12391232 ballots must be received by the third party no later than
12401233 December 1 to be tabulated.
12411234 (3) The ballots for each election shall be tabulated by
12421235 the third party and the results shall be certified and audited
12431236 by the third party. The results of the tabulation and audit
12441237 shall be made available to any candidate and to the nominating
12451238 body upon request.
1246-(2) The pharmacist members of the board shall be
1247-licensed pharmacists who have been licensed in this state for
1248-a minimum of five years and who are actively engaged in the
1249-practice of pharmacy or pharmacy administration, or both. The
1250-pharmacy technician member of the board shall be a nationally
1251-certified technician who has been registered in this state for
1252-a minimum of five years and who is actively engaged in the
1253-practice as a pharmacy technician.
1254-(3) Any member serving on the board on October 1, 2025,
1255-shall continue to serve until his or her term expires, at
1256-which time the Governor shall appoint a member who meets the
1257-requirements in subdivision (1). A member serving on the board
1239+(3) The Governor shall coordinate his or her
1240+appointments so that the board membership is inclusive and
1241+reflects the racial, gender, urban, rural, and economic
1242+diversity of the state.
1243+(4) For the four additional members of the board whose
1244+term begins October 1, 2025, the Governor shall set staggered
1245+terms of two years, three years, and four years, at his or her
1246+discretion, with all initial terms ending on December 31 of
1247+the respective terms. Following initial terms, each member of
1248+the board shall serve a term of five years beginning on
1249+January 1 following appointment and terminating on December 31
1250+of his or her fifth year as a member of the board.
1251+(d)(c) Any vacancies occurring on the board other than
1252+by expiration of term shall be filled by election or
1253+appointment only for the unexpired term and shall be filled by
1254+the same procedure that the replaced member was elected or
1255+appointed by the Governor for the unexpired term . Each member
1256+of the board shall serve a term of five years beginning on
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1287-requirements in subdivision (1). A member serving on the board
1288-on October 1, 2025, who meets the requirements of subdivision
1289-(1) may be reappointed to an additional term, provided the
1290-reappointment complies with subsection (d).
1291-(4) The appointing authorities shall coordinate their
1292-appointments to assure that board membership is inclusive and
1293-reflects the racial, gender, urban, rural, and economic
1294-diversity of the state.
1295-(5) For the four additional members of the board whose
1296-term begins October 1, 2025, the Governor shall set staggered
1297-terms of two years, three years, and four years, at his or her
1298-discretion, with all initial terms ending on December 31 of
1299-the respective terms. Following initial terms, each member of
1300-the board shall serve a term of five years beginning on
1286+of the board shall serve a term of five years beginning on
13011287 January 1 following appointment and terminating on December 31
13021288 of his or her fifth year as a member of the board.
1303-(d)(c) Any vacancies occurring on the board other than
1304-by expiration of term shall be filled by election or
1305-appointment only for the unexpired term and shall be filled by
1306-the same procedure that the replaced member was elected or
1307-appointed by the respective appointing authority for the
1308-unexpired term. Each member of the board shall serve a term of
1309-five years beginning on January 1 following appointment and
1310-terminating on December 31 of his or her fifth year as a
1311-member of the board.
13121289 (e)(d) No pharmacist member shall serve more than two
13131290 full terms consecutively.
13141291 (f)(e)(1) The Governor , upon recommendation of the
13151292 board, may remove a member of the board upon proven charges of
1293+inefficiency, incompetency, immorality, or professional
1294+misconduct. The replacement member shall be elected or
1295+appointed by the same procedure that the removed member was
1296+elected or appointed Governor for the unexpired term .
1297+(2) Appointees to the board, within 30 days after their
1298+appointment or election, shall take an oath or make
1299+affirmation before a properly qualified officer that he or she
1300+will faithfully and impartially perform the duties of his or
1301+her office. This oath or affirmation shall be filed with the
1302+Secretary of State.
1303+(3) At its last regular meeting in each calendar year,
1304+the board shall elect for a term of one year, effective the
1305+following January 1, a president, a vice-president, and a
1306+treasurer who shall be members of the board. No member shall
1307+serve more than two years in the same office on the board
1308+during a five-year term.
1309+(4)a.The Not later than November 1, 2025, the board
1310+shall also elect a secretary who shall appoint a secretary as
1311+executive officer to the board, to serve at the pleasure of
1312+the board. The individual appointed by the board may not have
1313+served in any capacity for the board, including as secretary,
1314+during the five years prior to his or her appointment. The
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1345-board, may remove a member of the board upon proven charges of
1346-inefficiency, incompetency, immorality, or professional
1347-misconduct. The replacement member shall be elected or
1348-appointed by the same procedure that the removed member was
1349-elected or appointed respective appointing authority for the
1350-unexpired term.
1351-(2) Appointees to the board, within 30 days after their
1352-appointment or election, shall take an oath or make
1353-affirmation before a properly qualified officer that he or she
1354-will faithfully and impartially perform the duties of his or
1355-her office. This oath or affirmation shall be filed with the
1356-Secretary of State.
1357-(3) At its last regular meeting in each calendar year,
1358-the board shall elect for a term of one year, effective the
1359-following January 1, a president, a vice-presidentvice
1360-president, and a treasurer who shall be pharmacist members of
1361-the board. No member shall serve more than two years in the
1362-same office on the board during a five-year term.
1363-(4)a.The Not later than November 1, 2025, the board
1364-shall also elect a secretary who shall appoint a secretary as
1365-executive officer to the board, to serve at the pleasure of
1366-the board. The individual appointed by the board may not have
1367-served in any capacity for the board, including as secretary,
13681344 during the five years prior to his or her appointment. The
13691345 secretary may not serve as a member of the board and may not
1370-be employed during the service by any person holding a
1371-license, permit, certificate, or registration issued by the
1346+be employed during the service by any registrant of the
13721347 board., and the
13731348 b. The board shall have the authority to fix the amount
1349+of the secretary's remuneration. If a board member is selected
1350+as secretary, the board member shall resign from the board and
1351+a replacement on the board shall be selected by the same
1352+procedure by which the resigned member was originally elected
1353+or appointed salary. The secretary shall not be employed
1354+during the service by any registrant of the board.
1355+(g) For the purpose of this section, a chain pharmacy
1356+is defined as any retail pharmacy employing in Alabama a
1357+minimum of 40 full-time equivalent pharmacists. A chain
1358+pharmacist is defined as a pharmacist employed on a full-time
1359+basis by a chain pharmacy for a minimum of three years.
1360+(h) It is the intent of the Legislature that the
1361+composition of the board reflect the demographics of the
1362+pharmacy profession. For vacancies occurring after March 18,
1363+2005, the nominating organizations and the appointing
1364+authorities shall select those individuals whose appointments
1365+assure that the membership of the board is inclusive and
1366+reflects the racial, gender, geographic, urban/rural, and
1367+economic diversity of this state. "
1368+"§34-23-91
1369+(a) The president of the board shall preside at all of
1370+the board's meetings. The vice-president shall preside in the
1371+absence or inability of the president. The secretary of the
1372+board shall be the executive officer in charge of the board's
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1403-b. The board shall have the authority to fix the amount
1404-of the secretary's remuneration. If a board member is selected
1405-as secretary, the board member shall resign from the board and
1406-a replacement on the board shall be selected by the same
1407-procedure by which the resigned member was originally elected
1408-or appointed salary. The secretary shall not be employed
1409-during the service by any registrant of the board.
1410-(g) For the purpose of this section, a chain pharmacy
1411-is defined as any retail pharmacy employing in Alabama a
1412-minimum of 40 full-time equivalent pharmacists. A chain
1413-pharmacist is defined as a pharmacist employed on a full-time
1414-basis by a chain pharmacy for a minimum of three years.
1415-(h) It is the intent of the Legislature that the
1416-composition of the board reflect the demographics of the
1417-pharmacy profession. For vacancies occurring after March 18,
1418-2005, the nominating organizations and the appointing
1419-authorities shall select those individuals whose appointments
1420-assure that the membership of the board is inclusive and
1421-reflects the racial, gender, geographic, urban/rural, and
1422-economic diversity of this state. "
1423-"§34-23-91
1424-(a) The president of the board shall preside at all of
1425-the board's meetings. The vice-president shall preside in the
1426-absence or inability of the president. The secretary of the
14271402 board shall be the executive officer in charge of the board's
14281403 office. The secretary shall make, keep, and be in charge of
14291404 all records and record books required to be kept by the board,
14301405 including a register containing all information which shall be
14311406 required under this chapter. The secretary shall attend to the
1407+correspondence of the board and perform any other duties the
1408+board may require in keeping with the office of secretary. The
1409+secretary shall receive and record all fees collected under
1410+this chapter and, at regular intervals as ordered by the
1411+board, shall pay the fees to the treasurer of the board for
1412+its board use. The secretary may have any forms printed and
1413+office supplies furnished as necessary to implement this
1414+chapter. The secretary and treasurer of the board shall each
1415+furnish bond in an amount to be fixed by the board and shall
1416+be conditioned upon the faithful performance and discharge of
1417+their respective official duties.
1418+(b) The While serving on business of the board and from
1419+funds of the board, members shall be entitled to a per diem
1420+for days when members actually engage in official business of
1421+the board, in an amount set by the board, by rule. In
1422+addition, members of the board shall be paid the same per diem
1423+and travel allowance entitled to actual expenses incurred as
1424+is paid by law to state employees while engaged in the
1425+performance of the duties official business of the board, in
1426+addition to any daily compensation or allowance determined by
1427+the board. For purposes of this subsection, attending
1428+continuing education classes or otherwise engaging in an
1429+activity necessary solely to maintain a member's license to
1430+practice pharmacy is not considered official business of the
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1461-required under this chapter. The secretary shall attend to the
1462-correspondence of the board and perform any other duties the
1463-board may require in keeping with the office of secretary. The
1464-secretary shall receive and record all fees collected under
1465-this chapter and, at regular intervals as ordered by the
1466-board, shall pay the fees to the treasurer of the board for
1467-its use. The secretary may have any forms printed and office
1468-supplies furnished as necessary to implement this chapter. The
1469-secretary and treasurer of the board shall each furnish bond
1470-in an amount to be fixed by the board and shall be conditioned
1471-upon the faithful performance and discharge of their
1472-respective official duties.
1473-(b) The While serving on business of the board and from
1474-funds of the board, members shall be entitled to a per diem of
1475-five hundred dollars ($500) per day for days when members
1476-actually engage in official business of the board. In
1477-addition, members of the board shall be paid the same per diem
1478-and travel allowance entitled to actual expenses incurred as
1479-is paid by law to state employees while engaged in the
1480-performance of the duties official business of the board, in
1481-addition to any daily compensation or allowance determined by
1482-the board. For purposes of this subsection, attending
1483-continuing education classes or otherwise engaging in an
1484-activity necessary solely to maintain a member's license to
1485-practice pharmacy or registration to practice as a pharmacy
1486-technician is not considered official business of the board.
1460+practice pharmacy is not considered official business of the
1461+board.
14871462 (c) The board shall conduct meetings at least three
14881463 times annually and more often when deemed necessary for the
14891464 examination of applicants for licensure and for the
1465+transaction of business as may legally come before it. Public
1466+notice of all stated meetings shall be given at least 30 days
1467+in advance of the meetings. At all meetings of the board, a
1468+majority shall constitute a quorum. The members of the board
1469+shall determine the place of meetings of the board.
1470+(d) The treasurer of the board shall have custody of
1471+all funds derived from the various provisions of this chapter.
1472+All disbursements shall be made by check as authorized by
1473+vouchers signed by the president and secretary of the board.
1474+The books and records of the board as made and kept by the
1475+secretary or under his or her supervision shall be prima facie
1476+evidence of the matter therein recorded in any court."
1477+"§34-23-92
1478+The board shall exercise, subject to this chapter,
1479+shall do all of the following powers and duties :
1480+(1) To adopt Adopt rules concerning the records and
1481+reports to be kept and made by a pharmacy relating to the
1482+filling of prescriptions and the handling and preservation of
1483+drugs.
1484+(2) To fix Fix standards and requirements for licenses
1485+and permits except as otherwise specified in this chapter.
1486+(3) Set fees, by rule, for licenses, permits, and
1487+certificates as well as renewal fees, late fees, delinquency
1488+fees, and reinstatement fees as required under this chapter,
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1519-examination of applicants for licensure and for the
1520-transaction of business as may legally come before itthe
1521-board. Public notice of all stated meetings shall be given at
1522-least 30 days in advance of the meetings comply with the Open
1523-Meetings Act. At all meetings of the board, a majority shall
1524-constitute a quorum. The members of the board shall determine
1525-the place of meetings of the board.
1526-(d) The treasurer of the board shall have custody of
1527-all funds derived from the various provisions of this chapter.
1528-All disbursements shall be made by check as authorized by
1529-vouchers signed by the president and secretary of the board.
1530-The books and records of the board as made and kept by the
1531-secretary or under his or her supervision shall be prima facie
1532-evidence of the matter therein recorded in any court."
1533-"§34-23-92
1534-The board shall exercise, subject to this chapter,
1535-shall do all of the following powers and duties :
1536-(1) To adopt Adopt rules concerning the records and
1537-reports to be kept and made by a pharmacy relating to the
1538-filling of prescriptions and the handling and preservation of
1539-drugs.
1540-(2) To fix Fix standards and requirements for licenses
1541-and permits except as otherwise specified in this chapter.
1542-(3) Set penalties as further provided in Section
1543-34-23-33(b).
1544-(4) Set fees, by rule, for licenses, permits,
1545-certificates, and registrations as well as renewal fees, late
1546-fees, delinquency fees, and reinstatement fees as required
1547-under this chapter, which shall be in a specific amount that
1518+fees, and reinstatement fees as required under this chapter,
1519+which shall be in a specific amount that shall apply uniformly
1520+to all holders of the applicable license, permit, or
1521+certificate to which the fee pertains.
1522+(3)(4)To make Adopt rules and regulations regarding
1523+sanitation consistent with state health regulations.
1524+(4)(5)To employ such Employ chemists, agents, clerical
1525+help, and attorneys as necessary for the proper administration
1526+of the duties of the board.
1527+(5)(6)To employ Employ under the supervision of the
1528+board a Chief Drug Investigator chief drug investigator and
1529+such other drug investigators that it the board deems
1530+necessary to enforce this chapter which are under the
1531+supervision of the board .
1532+(6)(7)To adopt Adopt rules and regulations for the
1533+administration and enforcement of this chapter . and not
1534+inconsistent herewith. Such rules and regulations shall be
1535+referenced to the section or sections of this chapter which
1536+set forth the legislative standard which it interprets or to
1537+which it applies. Every such rule and regulation shall be
1538+adoptedThe board shall adopt all rules in accordance with the
1539+Alabama Administrative Procedure Act. A copy of every rule and
1540+regulation containing a requirement of general application
1541+shall be electronically mailed to each registered pharmacist
1542+at least 10 days before the effective date thereofof the
1543+certified rule. A printed copy of such the rules and
1544+regulations shall be mailed to any registered pharmacist upon
1545+written request to the board.
1546+(7)(8)To investigate Investigate violations of this
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1577-under this chapter, which shall be in a specific amount that
1578-shall apply uniformly to all holders of the applicable
1579-license, permit, certificate, or registration to which the fee
1580-pertains. This subdivision does not authorize the board to
1581-impose monetary penalties in addition to a late fee,
1582-delinquency fee, or reinstatement fee imposed by the board for
1583-failure to timely renew a license, permit, certificate, or
1584-registration.
1585-(3)(5)To make Adopt rules and regulations regarding
1586-sanitation consistent with state health regulations.
1587-(4)(6)To employ such Employ chemists, agents, clerical
1588-help, and attorneys, and other personnel as necessary for the
1589-proper administration of the duties of the board.
1590-(5)(7)To employ Employ under the supervision of the
1591-board a Chief Drug Investigator chief drug investigator and
1592-such other state drug investigators that it the board deems
1593-necessary to enforce this chapter which are under the
1594-supervision of the board .
1595-(6)(8)To adopt Adopt rules and regulations for the
1596-administration and enforcement of this chapter . and not
1597-inconsistent herewith. Such rules and regulations shall be
1598-referenced to the section or sections of this chapter which
1599-set forth the legislative standard which it interprets or to
1600-which it applies. Every such rule and regulation shall be
1601-adoptedThe board shall adopt all rules in accordance with the
1602-Alabama Administrative Procedure Act. A copy of every rule and
1603-regulation containing a requirement of general application
1604-shall be electronically mailed to each registered pharmacist
1605-at least 10 days before the effective date thereofof the
1576+(7)(8)To investigate Investigate violations of this
1577+chapter or any other law pertaining to the practice of
1578+pharmacy that may come to the knowledge of the board and
1579+institute or cause to be instituted appropriate proceedings
1580+before the board or in a proper court appropriate proceedings
1581+in connection therewith of competent jurisdiction .
1582+(8)(9)To issue Issue subpoenas and compel the
1583+attendance of witnesses and the production of all necessary
1584+papers, books and records, documentary evidence and materials,
1585+or other evidence in matters pending before the board relating
1586+to the revocation, suspension, or probation of any license.
1587+Those persons issued subpoenas and compelled to attend
1588+hearings or meetings in matters pending before the board shall
1589+be entitled to witness fees from board funds. Claims for
1590+witness fees shall be made on accepted State of Alabama
1591+voucher forms as appropriate. Travel and mileage expenses
1592+shall be reimbursed to witnesses in the amounts officially
1593+authorized to the board and its personnel at the time the
1594+service to the board is performed.
1595+(9)(10)To administer Administer oaths in connection
1596+with the duties of the board.
1597+(10)(11)To make Not later than November 1, submit a
1598+written report annually of its receipts and disbursements
1599+during the previous fiscal year to the Governor and to the
1600+State Pharmaceutical Alabama Pharmacy Association. Included in
1601+this report shall be the names of all registrants licensed to
1602+practice under this chapter and a record of all permits issued
1603+during the period covered by the report.
1604+(11)(12)To enforce Enforce the state barbiturate act,
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1635-at least 10 days before the effective date thereofof the
1636-certified rule. A printed copy of such the rules and
1637-regulations shall be mailed to any registered pharmacist upon
1638-written request to the board.
1639-(7)(9)To investigate Investigate alleged violations of
1640-this chapter, any rule of the board, or any other law
1641-pertaining to the practice of pharmacy that may come to the
1642-knowledge of the board and :
1643-a. institute Institute or cause to be instituted before
1644-the boardorappropriate proceedings in a proper court
1645-appropriate proceedings in connection therewith of competent
1646-jurisdiction; or
1647-b. Conduct hearings to revoke, suspend, or place on
1648-probate any license, permit, certificate, or registration
1649-granted by the board under this chapter, or impose monetary
1650-penalties as further provided in Section 34-23-33, provided
1651-any person subjected to a monetary penalty or other
1652-disciplinary action may take an appeal in accordance with
1653-Section 34-23-94 .
1654-(8)(10)To issue Issue subpoenas and compel the
1655-attendance of witnesses and the production of all necessary
1656-papers, books and records, documentary evidence and materials,
1657-or other evidence in matters pending before the board relating
1658-to the revocation, suspension, or probation of any license.
1659-Those persons issued subpoenas and compelled to attend
1660-hearings or meetings in matters pending before the board shall
1661-be entitled to witness fees from board funds. Claims for
1662-witness fees shall be made on accepted State of Alabama
1663-voucher forms as appropriate. Travel and mileage expenses
1634+(11)(12)To enforce Enforce the state barbiturate act,
1635+the state amphetamine act, the state narcotic law, and all
1636+other laws of the state which pertain to the practice of
1637+pharmacy, the examination of applicants, the licensing of
1638+pharmacists, the manufacture, packaging, repackaging,
1639+production, sale, or distribution of drugs, chemicals, and
1640+poisons, and all laws pertaining to standards for their
1641+strength and purity. The board may work in conjunction with
1642+other law enforcement agencies to enforce any law pertaining
1643+to the practice of pharmacy. Nothing in this section
1644+subdivision shall be construed to deprive the State Board of
1645+Health Alabama Department of Public Health of any powers or
1646+duties otherwise prescribed by law including the enforcement
1647+of the narcotic law.
1648+(12)(13)To investigate Investigate alleged violations
1649+of this chapter or any rule or regulation published by the
1650+board and conduct hearings to revoke, suspend, or probate
1651+place on probation any license or permit granted by the board
1652+under this chapter and to invoke levy civil penalties not to
1653+exceed the sum of one thousand dollars ($1,000) for each
1654+violation,as further provided in Section 34-23-33, and to
1655+institute any legal proceedings necessary to effect compliance
1656+with this chapter; provided, that any person , firm, or
1657+corporation subjected to such a penalty or legal proceedings
1658+may take an appeal in accordance with Section 34-23-94.
1659+(14) Cooperate and assist with prosecuting officers in
1660+any proceeding involving an alleged criminal offense and
1661+furnish prosecuting officers with any evidence the board, its
1662+officers, or employees determine will assist in the
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1693-voucher forms as appropriate. Travel and mileage expenses
1694-shall be reimbursed to witnesses in the amounts officially
1695-authorized to the board and its personnel at the time the
1696-service to the board is performed.
1697-(9)(11)To administer Administer oaths in connection
1698-with the duties of the board.
1699-(10)(12)To make Not later than November 1, submit a
1700-written report annually of its receipts and disbursements
1701-during the previous fiscal year to the Governor and to the
1702-State Pharmaceutical Alabama Pharmacy Association. Included in
1703-this report shall be the names of all registrants licensed to
1704-practice under this chapter and a record of all permits issued
1705-during the period covered by the report.
1706-(11)(13)To enforce Enforce the state barbiturate act,
1707-the state amphetamine act, the state narcotic law, and all
1708-other laws of the state which pertain to the practice of
1709-pharmacy, the examination of applicants, the licensing of
1710-pharmacists, the manufacture, packaging, repackaging,
1711-production, sale, or distribution of drugs, chemicals, and
1712-poisons, and all laws pertaining to standards for their
1713-strength and purity. The board may work in conjunction with
1714-other law enforcement agencies to enforce any law pertaining
1715-to the practice of pharmacy. Nothing in this section
1716-subdivision shall be construed to deprive the State Board of
1717-Health Alabama Department of Public Health of any powers or
1718-duties otherwise prescribed by law including the enforcement
1719-of the narcotic law.
1720-(12) To investigate alleged violations of this chapter
1721-or any rule or regulation published by the board and conduct
1692+officers, or employees determine will assist in the
1693+prosecution of a criminal offense.
1694+(13)(15) On application of any person and payment of
1695+the actual cost thereforof providing a certified copy , the
1696+secretary of the board shall furnish, under its seal and
1697+signed by the secretary, a certified copy of the license or
1698+permit of the requestorrequester, or a certified copy of a
1699+regulation or rule of the board . In any court or proceeding,
1700+such the copy shall be prima facie evidence of the fact of the
1701+issuance of such the permit or license and the adoption of
1702+such rule or regulation .
1703+(14)(16)To acquire Acquire by gift, grant, purchase,
1704+condemnation, or otherwise, and to convey or hold title to,
1705+real property, together with all rights incidental thereto."
1706+"§34-23-93
1707+(a)(1) The board and its members and officers shall
1708+assist prosecuting officers in the enforcement of this
1709+chapter, and it shall be the duty of the board, its members
1710+and officers to furnish the proper prosecuting officers with
1711+such evidence as it or they may ascertain to assist them in
1712+the prosecution of any violation of this chapter, and the
1713+board is authorized for such purposes to make such reasonable
1714+expenditures from the funds of the board as it may deem
1715+necessary to ascertain and furnish such evidence. The Attorney
1716+General of the state shall be the attorney for the board, but
1717+the board may in its discretion employ other counsel. It shall
1718+be the duty of the district attorney of the judicial circuit
1719+wherein any offense is committed to prosecute violations of
1720+this chapter.
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1751-or any rule or regulation published by the board and conduct
1752-hearings to revoke, suspend, or probate any license or permit
1753-granted by the board under this chapter and to invoke
1754-penalties not to exceed the sum of one thousand dollars
1755-($1,000) for each violation and to institute any legal
1756-proceedings necessary to effect compliance with this chapter;
1757-provided, that any person, firm, or corporation subjected to
1758-such penalty or legal proceedings may take an appeal in
1759-accordance with Section 34-23-94.
1760-(14) Cooperate and assist with prosecuting officers in
1761-any proceeding involving an alleged criminal offense and
1762-furnish prosecuting officers with any evidence the board, its
1763-officers, or employees determine will assist in the
1764-prosecution of a criminal offense.
1765-(13)(15) On application of any person and payment of
1766-the actual cost thereforof providing a certified copy , the
1767-secretary of the board shall furnish, under its seal and
1768-signed by the secretary, a certified copy of the license or
1769-permit of the requestorrequester, or a certified copy of a
1770-regulation or rule of the board . In any court or proceeding,
1771-such the copy shall be prima facie evidence of the fact of the
1772-issuance of such the permit or license and the adoption of
1773-such rule or regulation .
1774-(14)(16)To acquire Acquire by gift, grant, purchase,
1775-condemnation, or otherwise, and to convey or hold title to,
1776-real property, together with all rights incidental thereto."
1777-"§34-23-93
1778-(a)(1) The board and its members and officers shall
1779-assist prosecuting officers in the enforcement of this
1750+this chapter.
1751+(2)a. Not later than November 1, 2025, the board shall
1752+divide the office of general counsel into two distinct
1753+divisions. One division shall be responsible for all
1754+disciplinary functions, and the other division shall be
1755+responsible for administrative nondisciplinary functions,
1756+including providing advice to and answering questions from
1757+holders of licenses, permits, or certificates, or prospective
1758+holders of licenses, permits, or certificates regarding
1759+statutory and regulatory compliance.
1760+b. The board, by rule, shall establish internal
1761+procedures that ensure that any inquiries made by the holder
1762+of a license, permit, or certificate or other person seeking
1763+advice or guidance regarding compliance with a statute or rule
1764+is addressed by the administrative division and is not
1765+disclosed to the disciplinary division unless an attorney
1766+reasonably believes a criminal violation may have occurred.
1767+(b) The board may request assistance from the Attorney
1768+General or a district attorney or other prosecuting attorney,
1769+as appropriate. A prosecuting attorney shall assist the board,
1770+upon request, in any action for injunction brought by the
1771+board."
1772+"§34-23-131
1773+(a) A pharmacy technician shall not perform pharmacy
1774+functions or be present in the prescription department of a
1775+pharmacy unless he or she is under the direct supervision of a
1776+licensed pharmacist. A pharmacy technician shall not perform
1777+pharmacy functions or be present in the prescription
1778+department of a pharmacy unless he or she is registered by the
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1809-assist prosecuting officers in the enforcement of this
1810-chapter, and it shall be the duty of the board, its members
1811-and officers to furnish the proper prosecuting officers with
1812-such evidence as it or they may ascertain to assist them in
1813-the prosecution of any violation of this chapter, and the
1814-board is authorized for such purposes to make such reasonable
1815-expenditures from the funds of the board as it may deem
1816-necessary to ascertain and furnish such evidence. The Attorney
1817-General of the state shall be the attorney for the board, but
1818-the board may in its discretion employ other counsel. It shall
1819-be the duty of the district attorney of the judicial circuit
1820-wherein any offense is committed to prosecute violations of
1821-this chapter.
1822-(2)a. Not later than November 1, 2025, the board shall
1823-divide the office of general counsel into two distinct
1824-divisions. One division shall be responsible for all
1825-disciplinary functions, and the other division shall be
1826-responsible for administrative nondisciplinary functions,
1827-including providing advice to and answering questions from
1828-holders of licenses, permits, certificates, or registrations
1829-or prospective holders of licenses, permits, certificates or
1830-registrations regarding statutory and regulatory compliance.
1831-b. The board, by rule, shall establish internal
1832-procedures that ensure that any inquiries made by the holder
1833-of a license, permit, certificate, or registration or other
1834-person seeking advice or guidance regarding compliance with a
1835-statute or rule is addressed by the administrative division
1836-and is not disclosed to the disciplinary division unless an
1837-attorney reasonably believes a criminal violation may have
1808+department of a pharmacy unless he or she is registered by the
1809+board.
1810+(b) When supervision is required, a licensed pharmacist
1811+shall be jointly responsible and liable for the actions of a
1812+pharmacy technician.
1813+(c)(1) A pharmacy technician shall register and pay a
1814+registration fee as determined in a specified amount set by
1815+the board, by rule, before performing any pharmacy functions.
1816+The fee shall be not less than twenty dollars ($20) nor more
1817+than sixty dollars ($60). The board shall adopt rules relating
1818+to the registration of all pharmacy technicians. The
1819+registration of a pharmacy technician shall be renewable
1820+biennially in odd-numbered years upon payment of the required
1821+renewal fee.
1822+(2) The registration of each pharmacy technician shall
1823+expire on December 31 of odd-numbered years . In order to
1824+continue to be licensed, each unless a registered pharmacy
1825+technician shall pay pays a biennial renewal fee of not in a
1826+specified amount set by the board by rule. The fee shall be
1827+not less than twenty dollars ($20) , as determined by rule of
1828+the board, the fee being nor more than sixty dollars ($60).
1829+The renewal fee shall be due on October 31 , and shall be
1830+considered delinquent after December 31 of odd-numbered years.
1831+The payment of the renewal fee shall entitle the pharmacy
1832+technician to renewal of his or her registration at the
1833+discretion of the board. If any pharmacy technician fails to
1834+pay the renewal fee as required by this subsection, he or she
1835+may be reinstated as a pharmacy technician only upon payment
1836+of the renewal fee and a penalty reinstatement fee of not less
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1867-attorney reasonably believes a criminal violation may have
1868-occurred.
1869-(b) The board may request assistance from the Attorney
1870-General or other legal counsel employed by the board, as
1871-appropriate. The Attorney General or other legal counsel shall
1872-assist the board, upon request, in any action for injunction
1873-brought by the board. "
1874-"§34-23-131
1875-(a) A pharmacy technician shall not perform pharmacy
1876-functions or be present in the prescription department of a
1877-pharmacy unless he or she is under the direct supervision of a
1878-licensed pharmacist. A pharmacy technician shall not perform
1879-pharmacy functions or be present in the prescription
1880-department of a pharmacy unless he or she is registered by the
1881-board.
1882-(b) When supervision is required, a licensed pharmacist
1883-shall be jointly responsible and liable for the actions of a
1884-pharmacy technician.
1885-(c)(1) A pharmacy technician shall register and pay a
1886-registration fee as determined in a specified amount set by
1887-the board, by rule, before performing any pharmacy functions.
1888-The fee shall be not less than twenty dollars ($20) nor more
1889-than sixty dollars ($60). The board shall adopt rules relating
1890-to the registration of all pharmacy technicians. The
1891-registration of a pharmacy technician shall be renewable
1892-biennially in odd-numbered years upon payment of the required
1893-renewal fee.
1894-(2) The registration of each pharmacy technician shall
1895-expire on December 31 of odd-numbered years . In order to
1866+of the renewal fee and a penalty reinstatement fee of not less
1867+than ten dollars ($10) nor more than twenty dollars ($20), as
1868+determined by rule of the board, for each lapsed year and all
1869+lapsed fees for each lapsed year up to a maximum of five years
1870+of total penalties and lapsed fees .
1871+(d) In addition to any other registration requirements,
1872+a pharmacy technician shall complete three hours of continuing
1873+education annually, or six hours biennially, of which one hour
1874+per year shall be live presentation. The board may grant an
1875+extension to a pharmacy technician who fails to complete the
1876+required continuing education hours in the allotted time. A
1877+pharmacy technician who fails to complete the annual
1878+continuing education requirements in a timely manner shall be
1879+subject to disciplinary action by the board."
1880+Section 4. Not later than February 1, 2026, the board
1881+shall submit a report to the respective chairs and vice chairs
1882+of the House Health and Senate Healthcare standing committees
1883+and all members of the Sunset Committee and Legislative
1884+Council. The report shall review all rules of the board and
1885+identify those rules that conflict with Chapter 23 of Title
1886+34, Code of Alabama 1975, with a plan for how to bring all
1887+rules into compliance with Chapter 23 no later than October 1,
1888+2026.
1889+Section 5. The Legislature concurs in the
1890+recommendations of the Sunset Committee as provided in
1891+Sections 1 through 4.
1892+Section 6. This act shall become effective immediately.
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1925-expire on December 31 of odd-numbered years . In order to
1926-continue to be licensed, each unless a registered pharmacy
1927-technician shall pay pays a biennial renewal fee of not in a
1928-specified amount set by the board by rule. The fee shall be
1929-not less than twenty dollars ($20) , as determined by rule of
1930-the board, the fee being nor more than sixty dollars ($60).
1931-The renewal fee shall be due on October December 31 and
1932-delinquent after December 31 of odd-numbered years. The
1933-payment of the renewal fee shall entitle the pharmacy
1934-technician to renewal of his or her registration at the
1935-discretion of the board. If any pharmacy technician fails to
1936-pay the renewal fee as required by this subsection, he or she
1937-may be reinstated as a pharmacy technician only upon payment
1938-of a penalty by December 31, the board may impose a late fee of
1939-not less than ten dollars ($10) nor more than twenty dollars
1940-($20), as determined by rule of the board, for each lapsed
1941-year and all lapsed fees for each lapsed year up to a maximum
1942-of five years of total penalties and lapsed fees month.
1943-(d) In addition to any other registration requirements,
1944-a pharmacy technician shall complete three hours of continuing
1945-education annually, or six hours biennially, of which one hour
1946-per year shall be live presentation. The board may grant an
1947-extension to a pharmacy technician who fails to complete the
1948-required continuing education hours in the allotted time. A
1949-pharmacy technician who fails to complete the annual
1950-continuing education requirements in a timely manner shall be
1951-subject to disciplinary action by the board."
1952-Section 4. Not later than February 1, 2026, the board
1953-shall submit a report to the respective chairs and vice chairs
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1983-shall submit a report to the respective chairs and vice chairs
1984-of the House Health and Senate Healthcare standing committees
1985-and all members of the Sunset Committee and Legislative
1986-Council. The report shall review all rules of the board and
1987-identify those rules that conflict with Chapter 23 of Title
1988-34, Code of Alabama 1975, with a plan for how to bring all
1989-rules into compliance with Chapter 23 no later than October 1,
1990-2026.
1991-Section 5. The Legislature concurs in the
1992-recommendations of the Sunset Committee as provided in
1993-Sections 1 through 4.
1994-Section 6. This act shall become effective immediately.
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2007-Section 6. This act shall become effective immediately.
2008-House of Representatives
2009-Read for the first time and referred
2010-to the House of Representatives
2011-committee on Boards, Agencies and
2012-Commissions
2013-................04-Feb-25
2014-Read for the second time and placed
2015-on the calendar:
2016- 0 amendments
2017-................18-Feb-25
2018-Read for the third time and passed
2019-as amended
2020-Yeas 101
2021-Nays 0
2022-Abstains 1
2023-................20-Feb-25
2024-John Treadwell
2025-Clerk
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