HB123ENGROSSED
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HB123
YMBALNN-2
By Representatives Underwood, Wilcox
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 03-Feb-25
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PFD: 03-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Alabama State Board of
Pharmacy until October 1, 2026, with certain modifications; to
amend Sections 34-23-3, 34-23-8, 34-23-12, 34-23-13, 34-23-30,
34-23-32.2, 34-23-33, 34-23-34, 34-23-52, 34-23-90, 34-23-91,
34-23-92, 34-23-93, and 34-23-131, Code of Alabama 1975; to
reconstitute the membership of the board; to revise the
compensation of board members and their duties; to provide
further for the position of secretary; to revise the board's
authority to impose penalties; to provide further for the
board's authorization to discipline pharmacists, pharmacies,
and certain other entities; to provide further for the general
counsel of the board; to require the board to report on the
status of board rules; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Alabama
State Board of Pharmacy until October 1, 2026, with the
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State Board of Pharmacy until October 1, 2026, with the
additional recommendation for statutory change as set out in
Section 3.
Section 2. The existence and functioning of the Alabama
State Board of Pharmacy, created and functioning pursuant to
Chapter 23 of Title 34, Code of Alabama 1975, is continued
until October 1, 2026, and those code sections are expressly
preserved.
Section 3. Section 34-23-3, 34-23-8, 34-23-12,
34-23-13, 34-23-30, 34-23-32.2, 34-23-33, 34-23-34, 34-23-52,
34-23-90, 34-23-91, 34-23-92, 34-23-93, and 34-23-131, Code of
Alabama 1975, are amended to read as follows:
"§34-23-3
(a) Each state drug investigator employed by the board
following the passage of this chapter must furnish
satisfactory proof to the board that he or she the
investigator is a person an individual of good moral character
and that in the judgment of the members of the board , he or
she has sufficient knowledge of the laws pertaining to the
practice of pharmacy and law enforcement to enable him or her
to carry out his or her the duties as an investigator
consistent with this chapter. Each A state drug investigator
employed by the board shall must serve an apprenticeship of a
minimum of six months working with and under the supervision
of the Chief Drug Investigator chief drug investigator or
other investigator designated by the board. Each such An
investigator, before entering upon his or her duties, shall
post with the board a bond in the amount of two thousand
dollars ($2,000) conditioned upon the faithful performance of
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dollars ($2,000) conditioned upon the faithful performance of
his or her duties.
(b) Each A state drug investigator shall have the power
to inspect shall:
(1) Inspect the medicines and drugs or drug products or
domestic remedies which that are manufactured, packaged,
packed, made, sold, offered for sale, exposed for sale, or
kept for sale in this state ;, and for this purpose shall have
the right to enter
(2) Subject to subsection (c), enter and inspect during
business hours any pharmacy or any other place in this state
where medicines or drugs or drug products or proprietary
medicines are manufactured, packaged, packed, made, sold,
offered for sale, or kept for sale, whether or not licensed by
the board; and
(3) Inspect prescription files, prescription records,
poison registers, exempt narcotic registers, and any other
records pertaining to the filling and filing of prescriptions .
(c) Each A state drug investigator shall be subject to
the same restrictions as other law enforcement officers of the
law inwith regard to search and seizure. They
(d) A state drug investigator shall report to the board
all violations of the laws law relating to pharmacy and all
rules and regulations of the board. As directed by the board,
it shall be the duty of the state drug investigators to issue
citations a state drug investigator shall issue written
warnings for violations of such laws , or rules, or regulations
or institute criminal proceedings against persons for such
violations.
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violations.
(e) When authorized by the board and where there are
specific complaints, the a state drug investigator shall have
the right to may inspect all records, shipping tickets, or any
other document pertaining to the transfer of drugs or drug
preparations, from or to hospitals, pharmacists, wholesale
establishments and manufacturers, or any other place or
establishment where the preparations of drugs are kept or
stored. They shall have the authority to inspect all
prescription files, prescription record books, poison
registers, exempt narcotic registers, and any other records
pertaining to the filling and filing of prescriptions. It
shall be the duty of the
(f) A state drug investigator to shall take possession
of all revoked licenses and permits or suspended licenses and
permits, or both, when such licenses and permits are not
surrendered voluntarily to the board by the person or
pharmacist individual or entity whose license or permit has
been revoked or suspended.
(g) Nothing in this chapter shall authorize or require
the a state drug investigator or state drug investigators to
inspect the offices of doctors of medicine physicians who have
duly qualified with the State Board of Medical Examiners."
"§34-23-8
(a) No person shall dispense or cause to be dispensed a
different drug or brand of drug in lieu of that ordered or
prescribed without the express permission in each case of the
person ordering or prescribing such drug, except as provided
below:
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below:
(1) A licensed pharmacist in this state shall be
permitted to select for the brand name drug product prescribed
by a licensed physician or other practitioner who is located
in this state and authorized by law to write prescriptions,
hereinafter referred to as "practitioner," a less expensive
pharmaceutically and therapeutically equivalent drug product
containing the same active ingredient or ingredients, and of
the same dosage form strength, in all cases where the
practitioner expressly authorizes such selection in accordance
with subdivision (4).
(2) A licensed pharmacist located in this state shall
be permitted to select for the brand name drug product
prescribed by a practitioner who is located in another state
or licensing jurisdiction and who is authorized by the laws of
that state or jurisdiction to write prescriptions, a less
expensive pharmaceutically and therapeutically equivalent drug
product containing the same active ingredient or ingredients,
and of the same dosage form strength, in all cases where the
out-of-state licensed physician or other practitioner does not
expressly prohibit a substitution.
(3) A pharmacist shall record on the prescription form
the name and manufacturer or distributor of any drug product
dispensed as herein authorized.
(4)a. Every written prescription issued in this state
by a licensed practitioner shall contain two signature lines.
One line shall indicate if the brand name is meant to be
dispensed and the other shall indicate if a product selection
is permitted. The practitioner shall communicate instructions
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is permitted. The practitioner shall communicate instructions
to the pharmacist by signing on the appropriate line.
b. An oral or electronic prescription, including an
e-fax, from the practitioner shall instruct the pharmacist
whether or not a less expensive pharmaceutically and
therapeutically equivalent drug product may be dispensed. The
pharmacist shall note instructions on the file copy of the
prescription and retain the prescription form for the period
specified by law. The State Board of Pharmacy board shall not
adopt any rule affecting the subject matter of this
subdivision.
(5) Unless otherwise indicated by the practitioner, the
prescription label on the dispensing container shall indicate
the actual drug product dispensed, either the brand name, or
if none, the generic name, and the name of the manufacturer or
a reasonable abbreviation of the name of the manufacturer.
(6)(b)This Subsection (a) shall not be interpreted to
exclude the use of a formulary or drug list as adopted and
approved by a medical staff in a licensed hospital with drugs
provided thereunder by procedures established for use within
that licensed hospital.
(7) Any person who violates this section shall be
punished by a fine of up to $1,000. "
"§34-23-12
(a) When it shall appear to the board that any person
who is not licensed under the provisions of this chapter is
violating any of the provisions of this chapter, the The board
may in its own name bring an action in the circuit court for
an injunction, and the court of this state against any person
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an injunction, and the court of this state against any person
in this state who:
(1) Practices pharmacy without a license or permits
prescriptions to be compounded or dispensed by a person who is
not licensed to practice pharmacy, in violation of Section
34-23-50;
(2) Operates a pharmacy or other entity without a
permit, in violation of Section 34-23-30, 34-23-31, or
34-23-32; or
(3) Performs pharmacy technician functions without a
valid pharmacy technician registration.
(b) A court may enjoin any person from violating the
provisions of this chapter regardless of whether proceedings
have been or may be instituted before the board or whether
criminal proceedings have been or may be instituted."
"§34-23-13
Any person who shall practice A person who does any of
the following, unless a penalty is otherwise specifically
provided in this chapter, is guilty of a Class B misdemeanor:
(1) Practices pharmacy in this state without having
first obtained from the board a license, or who permits from
the board.
(2) Permits prescriptions to be compounded and/or or
dispensed by unauthorized persons .; or who violates any of the
provisions of this chapter; or who willfully
(3) Willfully violates any published provision of this
chapter or rule or regulation of adopted by the board; or who
does any act described in this chapter as unlawful, the
penalty for which is not herein specifically provided, shall
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penalty for which is not herein specifically provided, shall
be guilty of a misdemeanor and, upon conviction, shall be
punished by fine of not more than $1,000 for each offense, to
be fixed by the court trying the case, and in addition thereto
may be, in the discretion of the court trying the case,
sentenced to hard labor for the county for a period not to
exceed 12 months ."
"§34-23-30
(a) Every pharmacy, hospital pharmacy, drugstore,
pharmacy department, prescription department, prescription
laboratory, apothecary, or and any other establishment entity
with a title implying the sale, offering for sale,
compounding, or dispensing of drugs, or and any entity
providing pharmacy services for patients residing in this
state, shall register biennially and receive a permit from the
board in accordance with this chapter . Any person desiring to
open, operate, maintain, or establish a pharmacy or to
establish an entity to provide pharmacy services shall apply
to the board for a permit at least 30 days prior to the
opening of the business. No pharmacy or entity performing
pharmacy services shall open for the transaction of be
authorized to transact business until it the pharmacy or
entity has been registered, inspected, and had a permit issued
by the board.
(b)(1) The application for a permit shall be made on a
form prescribed and furnished by the board which when properly
executed shall indicate the ownership desiring such the permit
and the names and license numbers of all licensed pharmacists
employed as well as the location of the pharmacy or entity
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employed as well as the location of the pharmacy or entity
where pharmacy services are performed and other information as
the board may require. If more than one pharmacy or entity
where pharmacy services are performed is operated by the same
owner, a separate application for registration shall be made
and a separate permit issued for each such establishment
entity.
(2) All permits issued under this section shall become
due on October 31 and shall become null and void on December
31 of even-numbered years. Every application for a permit for
a new pharmacy or entity where pharmacy services are performed
shall be accompanied by a fee to be determinedset by the
board, by rule., but the fee shall not be less than one
hundred dollars ($100) nor more than two hundred dollars
($200). Every application for a renewal permit shall be
accompanied by a fee to be determined by the board, but the
fee shall not be less than fifty dollars ($50) nor more than
one hundred fifty dollars ($150). Every application for a
permit due to transfer of ownership shall be accompanied by a
fee to be determined by the board, but the fee shall not be
less than one hundred fifty dollars ($150) nor more than four
hundred dollars ($400). Every application for a permit for an
out-of-state pharmacy or entity where pharmacy services are
performed shall be accompanied by a fee to be determined by
the board, but the fee shall not be less than seven hundred
fifty dollars ($750) nor more than two thousand dollars
($2,000). Every application for a renewal permit for an
out-of-state pharmacy or entity where pharmacy services are
performed shall be accompanied by a fee to be determined by
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performed shall be accompanied by a fee to be determined by
the board, but the fee shall not be less than four hundred
dollars ($400) nor more than seven hundred fifty dollars
($750). Each application for the renewal of a permit shall be
made on or before October 31 of each even-numbered year, at
which time the previous permit shall become null and void on
December 31 of even-numbered years. A penalty of twenty-five
dollars ($25) for each overdue month shall be assessed in
addition to the permit fee for renewal of delinquent permits.
(3) The secretary of the board shall issue a permit for
each pharmacy or entity where pharmacy services are performed
whose application is found to be satisfactory by the board.
Permits issued under this section shall not be transferable.
Any change in the control of ownership or licensed pharmacists
shall be reported to the board in writing within 10 days of
such occurrence. If the pharmacy or entity where pharmacy
services are performed is owned by a corporation, the permit
shall be issued in the name of the corporation. It shall be
the duty of the owners Owners of pharmacies or the owners of
entities where pharmacy services are performed who are not
licensed pharmacists to shall immediately notify the board
upon the termination of employment of licensed pharmacists and
to shall cause the surrender of permits as indicated. The
further operation of the pharmacy or entity where pharmacy
services are performed in the absence of licensed pharmacists
is forbidden; provided, that the nonregistered owner shall
have a period of 30 days within which to comply with this
subsection. The next of kin of any deceased licensed
pharmacist owner shall have a period of 30 days within which
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pharmacist owner shall have a period of 30 days within which
to comply with this chapter, during which time no
prescriptions shall may be filled unless a licensed pharmacist
is on duty.
(4) All permits issued under this section shall expire
on December 31 of even-numbered years unless the permit holder
renews the permit by paying the applicable renewal fee. The
renewal fee is due on December 31, and if not received by that
date, the permit shall be considered delinquent and the board
may impose a late fee of twenty-five dollars ($25) for each
month the renewal fee is late, provided a delinquency fee may
not exceed one thousand dollars ($1,000). The board may also
suspend a permit that is not renewed within a prescribed
period of time, as determined by rule of the board.
(c) The board, by rule, shall set the following fees on
the holders of permits issued under this section:
(1) For a permit for a resident pharmacy or resident
entity that performs pharmacy services, a fee of not less than
one hundred dollars ($100) nor more than five hundred dollars
($500).
(2) For a resident pharmacy permit renewal, a fee of
not less than one hundred dollars ($100) nor more than three
hundred dollars ($300).
(3) For a transfer of ownership, a fee of not less than
one hundred fifty dollars ($150) nor more than four hundred
dollars ($400).
(4) For a permit for a nonresident pharmacy or
nonresident entity that performs pharmacy services, a fee of
not less than seven hundred fifty dollars ($750) nor more than
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not less than seven hundred fifty dollars ($750) nor more than
two thousand dollars ($2,000).
(5) For a renewal permit for a nonresident pharmacy or
nonresident entity that performs pharmacy services, a fee of
not less than four hundred dollars ($400) nor more than seven
hundred fifty dollars ($750).
(d) No mail order pharmacy shall transact business in
this state without a permit from the board.
(b) (e) Requirements for the grant of authority by the
board to any entity providing pharmacy services shall be by
board ruleThe board, by rule, shall establish qualifications
for any individual or entity providing pharmacy services in
the state.
(c) (f) Nothing contained in this section related to
pharmacy services permits shall be interpreted to delegate to
the board the authority to adopt rules governing pharmacy
benefit benefits managers.
(d) Any person who violates this section shall be
guilty of a misdemeanor. "
"§34-23-32.2
(a) Any requirements established by the FDA Guidelines
in the Drug Quality and Security Act shall be adhered to by
the affected parties.
(b)(1) The board may issue an annual permit to any
manufacturer, manufacturer affiliate, bottler, packager,
repackager, third party third-party logistic provider,
wholesale drug distributor, private label distributor, or
pharmacy business identified in the supply chain of any drugs,
legend drugs, medicines, chemicals, or poisons for medicinal
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legend drugs, medicines, chemicals, or poisons for medicinal
purposes.
(2) The board, by rule, shall establish fees for the
various categories of permits issued under this section and
fines for violations of this section of not less than five
hundred dollars ($500) nor more than two thousand dollars
($2,000). In addition, the board, by rule, may establish
renewal fees and late fees for failure to renew a permit in a
timely manner. Proceeds received by the board from fees levied
and fines collected pursuant to this section shall be used by
the board to fund the costs of permitting, inspecting, and
investigating any business permitted pursuant to this
section."
"§34-23-33
(a) The board may revoke , or suspend, a license,
permit, certificate, or registration, place on probation, or
require remediation for any licensed pharmacist or a holder of
a pharmacy intern or extern certificate for a specified time
as determined by the board and take the same or similar action
against the permit to operate any pharmacy in this state , or
impose monetary penalties in accordance with subsection (b)
against any person who holds a license, permit, certificate,
or registration issued by the board whenever the board finds
by a preponderance of the evidence, or pursuant to a consent
decree, that the pharmacist has been guilty of any of the
following acts or offenses any of the following :
(1) Obtaining a license, permit, certificate, or
registration from the board by fraudulent means.
(2) Violation of the laws Violating any law regulating
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(2) Violation of the laws Violating any law regulating
the sale or dispensing of narcotics, exempt narcotics, or
drugs bearing the label "caution, federal law prohibits
dispensing without prescription," or similar wording which
causes the drugs to be classified as prescription legend
drugs.
(3) Conviction of a felony. A copy of the record of the
conviction, certified by the clerk of the court entering the
conviction, shall be conclusive evidence of the conviction.
(4) Conviction of any crime or offense that reflects
the inability of the practitioner to practice pharmacy with
due regard for the health and safety of the patients.
(5) Demonstrated inability Inability to practice
pharmacy with reasonable skill and safety to patients by
reason of illness, inebriationintoxication, misuse of drugs,
narcotics, alcohol, chemicals, or any other substance, or as a
result of any mental or physical condition. When the issue is
whether or not a pharmacist is physically or mentally capable
of practicing pharmacy with reasonable skill and safety to
patients, then, upon a showing of probable cause to the board
that the pharmacist is not capable of practicing pharmacy with
reasonable skill and safety to patients, the board may require
the pharmacist in question to submit to a psychological
examination by a psychologist to determine psychological
status or a physical examination by a physician, or both, to
determine physical condition. The psychologist or physician,
or both, shall be designated by the board. The expense of the
examination shall be borne by the board. Where the pharmacist
raises the issue of mental or physical competence or appeals a
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raises the issue of mental or physical competence or appeals a
decision regarding his or her mental or physical competence,
the pharmacist shall be permitted to obtain his or her own
evaluation at the pharmacist's expense. If the objectivity or
adequacy of the examination is suspect, the board may complete
the examination by the designated practitioners at its own
expense. When mental or physical capacity to practice is at
issue, every pharmacist licensed to practice pharmacy in the
state shall be deemed to have given consent to submit to a
mental or physical examination or to any combination of the
examinations and to waive all objections to the admissibility
of the examination, or to previously adjudicated evidence of
mental incompetence.
(6) Gross malpractice or repeated malpractice or gross
negligence in the practice of pharmacy.
(7) Violation of any provisions contained in this
chapter or rule of the board .
(8) Employing, assisting, or enabling in any manner any
unlicensed person to practice pharmacy.
(9) The suspension, revocation, or probation by another
state of a license to practice pharmacy. A certified copy of
the record of suspension, revocation, or probation of the
state making such a imposing the suspension, revocation, or
probation shall be conclusive evidence of the suspension,
revocation, or probation. This subdivision does not authorize
the board to take any disciplinary action, including
imposition of a monetary penalty, against any individual or
entity that has not been issued a license, permit,
certificate, or registration by the board and has not violated
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certificate, or registration by the board and has not violated
any provision of this chapter or rule of the board.
(10) Refusal to appear before the board after having
been ordered to do so in writing by the executive officer
secretary or chair of the board.
(11) Making any fraudulent or untrue statement to the
board.
(12) Violation of any rule or regulation of the board.
(13)(12) Violation of the code of professional conduct
adopted by the board in the rules and regulations of the
board.
(b)(1) The board shall have the authority to adopt
rules imposing a non-disciplinary administrative penalty for
designated violations of this chapter may impose monetary
penalties in the form of civil penalties for disciplinary
violations and administrative fines for non-disciplinary
violations of this chapter and rules of the board, as
determined by the board.
(2) The board, by rule, shall adopt a monetary penalty
schedule or schedules, which shall include both civil
penalties and administrative fines, and which may be dollar
amount ranges based on the underlying violation. After the
rule is certified, the board shall publish the monetary
penalty schedule or schedules on the board’s website.
Beginning January 1, 2026, the board may not impose any
monetary penalty unless the monetary penalty is covered and
addressed by a monetary penalty schedule formally adopted by
rule.
(3) When determining the amount of a monetary penalty
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(3) When determining the amount of a monetary penalty
for a specific violation, the board shall consider the level
and scope of misconduct, the level of risk to public health
and safety, the compliance history of the violator, and if the
violator is an entity, the size of the business, including its
annual revenues."
"§34-23-34
No disciplinary action described in Section 34-23-33
relating to the license, registration, certificate, or permit
of any person individual or entity regulated by the board may
be taken unless a statement of charges and notice of hearing
has been served on the person individual or entity at least 30
days before the date fixed for the hearing. The board, at its
sole discretion, may serve the statement of charges by
personal service or by registered or certified mail or
delivery by any recognized delivery or courier service to the
address of the person individual or entity in the records of
the board. The burden of proof shall be on the board."
"§34-23-52
(a)(1) All certificates of licensure shall expire on
December 31 of even-numbered years . In order to continue to be
licensed, every unless a licensed pharmacist shall pay to the
secretary of the board a biennial pays a renewal fee to be
determinedin a specified amount set by the board, by rule.,
but the The fee shall not be less than twenty-five dollars
($25) nor more than one hundred fifty dollars ($150). The
renewal fee shall be due on October December 31 and delinquent
after December 31 of even-numbered years, except that holders
of life certificates to practice pharmacy previously issued
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of life certificates to practice pharmacy previously issued
shall not be required to pay a renewal fee. The payment of the
renewal fee shall entitle the registrants to renewal of their
certificates at the discretion of the board. If any pharmacist
fails to pay a the renewal fee on or before the due date, the
holder of the certificate may be reinstated as a licensed
pharmacist only upon payment of a penalty of ten dollars ($10)
for each lapsed month and all lapsed fees, provided by
December 31, the board in accordance with board rule, may
impose a late fee which may not exceed ten dollars ($10) for
each lapsed month. Notwithstanding the foregoing, the lapsed
time of registration may not exceed five years, in which case
reinstatement may occur only upon satisfactory examination by
the board.
(2) Notwithstanding subdivision (1), holders of life
certificates to practice pharmacy previously issued shall not
be required to pay a renewal fee.
(b) In addition to any fee requirements, each
pharmacist shall be required to complete continuing education
for each renewal period, as determined by the board by rule."
"§34-23-90
(a) The Alabama State Board of Pharmacy is created and
vested with the authority to carry out the purposes of and
enforce this chapter.
(b)(1) The Beginning October 1, 2025, the board shall
consist of five members who are residents of this state
appointed in a manner that ensures that each congressional
district in the state is represented by a board member who
resides in that district during his or her entire term of
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resides in that district during his or her entire term of
office. Subject to subdivision (3), membership of the board
shall be as follows:
a. One hospital pharmacist licensed by the board who is
appointed by the Governor from a list of three names submitted
by the Alabama Society of Health System Pharmacists.
b. One chain pharmacist licensed by the board who is
appointed by the Governor from a list of three names submitted
from the Alabama Pharmacy Association.
c. One independent pharmacist licensed by the board who
is appointed by the Lieutenant Governor from a list of three
names submitted from the Alabama Pharmacy Association.
d. One specialty pharmacist, such as a nuclear, home
infusion, compounding only, or consultant pharmacist, licensed
by the board who is appointed by the Speaker of the House of
Representatives from a list of three names submitted from the
Alabama Pharmacy Association.
e. One institutional pharmacist, such as a
non-hospital, nursing home, assisted living, or prison
pharmacist, licensed by the board who is appointed by the
President Pro Tempore of the Senate from a list of three names
submitted from the Alabama Society of Health System
Pharmacists.
f. One academic pharmacist licensed by the board who is
appointed by the Lieutenant Governor from a list of four
names, with two names each submitted from the two state
pharmacy schools.
g. One at-large pharmacist licensed by the board
appointed by the Speaker of the House of Representatives from
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appointed by the Speaker of the House of Representatives from
a list of three names submitted from the Alabama Pharmacy
Association.
h. One registered pharmacy technician licensed by the
board appointed by the President Pro Tempore of the Senate
from a list of three names submitted from the Alabama Pharmacy
Association.
i. One at-large consumer who is appointed by the
Governor. The members of the board shall be licensed
pharmacists who have been licensed in this state for a minimum
of five years and who are actively engaged in the practice of
pharmacy or pharmacy administration, or both.
(b) Three members shall be appointed by the Governor.
Of the three appointed members, one member shall be engaged in
the practice of pharmacy or pharmacy administration, or both,
in a hospital, one in an independent pharmacy, and one in a
chain pharmacy. On or before August 1, 1996, and each five
years thereafter, or whenever a vacancy occurs in the
designated position for hospital pharmacists, the Alabama
Society of Health System Pharmacists, or its successor
organization, shall submit a list of three nominees to the
Governor. On or before August 1, 1994, and each five years
thereafter, or whenever a vacancy occurs in the designated
position for a chain pharmacist, the Alabama Pharmacy
Association, or its successor organization, shall submit a
list of three nominees to the Governor. On or before August 1,
1997, and each five years thereafter, or whenever a vacancy
occurs in the designated position for the independent
pharmacist, the independent pharmacist members of the Alabama
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pharmacist, the independent pharmacist members of the Alabama
Pharmacy Association, or its successor organization, shall
submit a list of three nominees to the Governor. From the
names submitted to the Governor, the Governor shall appoint a
replacement on or before December 31 of the same year the
nominations are received, for the member or members whose term
or terms are expiring. Background information shall be
provided for each nominee for an appointed position.
(c)(1) On or before December 1, 1995, and each five
years thereafter, and on or before December 1, 1998, and each
five years thereafter, or whenever a vacancy occurs in a
nondesignated position, the Board of Trustees of the Alabama
Pharmacy Association, or its successor organization, shall
select a committee of five pharmacists who are members of the
association to serve as a nominating committee. No member of
the nominating committee shall be a candidate. The committee
shall receive names of pharmacists actively engaged in
pharmacy practice or administration, or both, from companies
and individuals, and shall narrow the list of nominees to two
names to be placed on a ballot to be voted on by all Alabama
pharmacists.
(2) The election procedure for a nondesignated slot
shall be as follows: Each candidate shall provide a
biographical sketch of not more than 150 words, which shall
include his or her most recent practice experience. The board
shall select a third party to conduct the election and
tabulate the ballot results. The election ballots and a
biographical sketch of the candidates shall be delivered by
the third party to Alabama licensed pharmacists by September
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the third party to Alabama licensed pharmacists by September
1. The ballot delivery shall be conducted in a secure manner
to safeguard organizational data and to ensure the integrity
of the voting process. Completed election ballots must be
received by the third party no later than October 1 to be
tabulated. A pharmacist receiving a majority of the ballots
received shall be considered the winner. If a runoff election
is necessary, the runoff ballots shall be delivered to
licensed pharmacists by November 1 by the same method of
ballot delivery as provided above. Completed runoff election
ballots must be received by the third party no later than
December 1 to be tabulated.
(3) The ballots for each election shall be tabulated by
the third party and the results shall be certified and audited
by the third party. The results of the tabulation and audit
shall be made available to any candidate and to the nominating
body upon request.
(2) The pharmacist members of the board shall be
licensed pharmacists who have been licensed in this state for
a minimum of five years and who are actively engaged in the
practice of pharmacy or pharmacy administration, or both. The
pharmacy technician member of the board shall be a nationally
certified technician who has been registered in this state for
a minimum of five years and who is actively engaged in the
practice as a pharmacy technician.
(3) Any member serving on the board on October 1, 2025,
shall continue to serve until his or her term expires, at
which time the Governor shall appoint a member who meets the
requirements in subdivision (1). A member serving on the board
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requirements in subdivision (1). A member serving on the board
on October 1, 2025, who meets the requirements of subdivision
(1) may be reappointed to an additional term, provided the
reappointment complies with subsection (d).
(4) The appointing authorities shall coordinate their
appointments to assure that board membership is inclusive and
reflects the racial, gender, urban, rural, and economic
diversity of the state.
(5) For the four additional members of the board whose
term begins October 1, 2025, the Governor shall set staggered
terms of two years, three years, and four years, at his or her
discretion, with all initial terms ending on December 31 of
the respective terms. Following initial terms, each member of
the board shall serve a term of five years beginning on
January 1 following appointment and terminating on December 31
of his or her fifth year as a member of the board.
(d)(c) Any vacancies occurring on the board other than
by expiration of term shall be filled by election or
appointment only for the unexpired term and shall be filled by
the same procedure that the replaced member was elected or
appointed by the respective appointing authority for the
unexpired term. Each member of the board shall serve a term of
five years beginning on January 1 following appointment and
terminating on December 31 of his or her fifth year as a
member of the board.
(e)(d) No pharmacist member shall serve more than two
full terms consecutively.
(f)(e)(1) The Governor , upon recommendation of the
board, may remove a member of the board upon proven charges of
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board, may remove a member of the board upon proven charges of
inefficiency, incompetency, immorality, or professional
misconduct. The replacement member shall be elected or
appointed by the same procedure that the removed member was
elected or appointed respective appointing authority for the
unexpired term.
(2) Appointees to the board, within 30 days after their
appointment or election, shall take an oath or make
affirmation before a properly qualified officer that he or she
will faithfully and impartially perform the duties of his or
her office. This oath or affirmation shall be filed with the
Secretary of State.
(3) At its last regular meeting in each calendar year,
the board shall elect for a term of one year, effective the
following January 1, a president, a vice-presidentvice
president, and a treasurer who shall be pharmacist members of
the board. No member shall serve more than two years in the
same office on the board during a five-year term.
(4)a.The Not later than November 1, 2025, the board
shall also elect a secretary who shall appoint a secretary as
executive officer to the board, to serve at the pleasure of
the board. The individual appointed by the board may not have
served in any capacity for the board, including as secretary,
during the five years prior to his or her appointment. The
secretary may not serve as a member of the board and may not
be employed during the service by any person holding a
license, permit, certificate, or registration issued by the
board., and the
b. The board shall have the authority to fix the amount
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b. The board shall have the authority to fix the amount
of the secretary's remuneration. If a board member is selected
as secretary, the board member shall resign from the board and
a replacement on the board shall be selected by the same
procedure by which the resigned member was originally elected
or appointed salary. The secretary shall not be employed
during the service by any registrant of the board.
(g) For the purpose of this section, a chain pharmacy
is defined as any retail pharmacy employing in Alabama a
minimum of 40 full-time equivalent pharmacists. A chain
pharmacist is defined as a pharmacist employed on a full-time
basis by a chain pharmacy for a minimum of three years.
(h) It is the intent of the Legislature that the
composition of the board reflect the demographics of the
pharmacy profession. For vacancies occurring after March 18,
2005, the nominating organizations and the appointing
authorities shall select those individuals whose appointments
assure that the membership of the board is inclusive and
reflects the racial, gender, geographic, urban/rural, and
economic diversity of this state. "
"§34-23-91
(a) The president of the board shall preside at all of
the board's meetings. The vice-president shall preside in the
absence or inability of the president. The secretary of the
board shall be the executive officer in charge of the board's
office. The secretary shall make, keep, and be in charge of
all records and record books required to be kept by the board,
including a register containing all information which shall be
required under this chapter. The secretary shall attend to the
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required under this chapter. The secretary shall attend to the
correspondence of the board and perform any other duties the
board may require in keeping with the office of secretary. The
secretary shall receive and record all fees collected under
this chapter and, at regular intervals as ordered by the
board, shall pay the fees to the treasurer of the board for
its use. The secretary may have any forms printed and office
supplies furnished as necessary to implement this chapter. The
secretary and treasurer of the board shall each furnish bond
in an amount to be fixed by the board and shall be conditioned
upon the faithful performance and discharge of their
respective official duties.
(b) The While serving on business of the board and from
funds of the board, members shall be entitled to a per diem of
five hundred dollars ($500) per day for days when members
actually engage in official business of the board. In
addition, members of the board shall be paid the same per diem
and travel allowance entitled to actual expenses incurred as
is paid by law to state employees while engaged in the
performance of the duties official business of the board, in
addition to any daily compensation or allowance determined by
the board. For purposes of this subsection, attending
continuing education classes or otherwise engaging in an
activity necessary solely to maintain a member's license to
practice pharmacy or registration to practice as a pharmacy
technician is not considered official business of the board.
(c) The board shall conduct meetings at least three
times annually and more often when deemed necessary for the
examination of applicants for licensure and for the
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examination of applicants for licensure and for the
transaction of business as may legally come before itthe
board. Public notice of all stated meetings shall be given at
least 30 days in advance of the meetings comply with the Open
Meetings Act. At all meetings of the board, a majority shall
constitute a quorum. The members of the board shall determine
the place of meetings of the board.
(d) The treasurer of the board shall have custody of
all funds derived from the various provisions of this chapter.
All disbursements shall be made by check as authorized by
vouchers signed by the president and secretary of the board.
The books and records of the board as made and kept by the
secretary or under his or her supervision shall be prima facie
evidence of the matter therein recorded in any court."
"§34-23-92
The board shall exercise, subject to this chapter,
shall do all of the following powers and duties :
(1) To adopt Adopt rules concerning the records and
reports to be kept and made by a pharmacy relating to the
filling of prescriptions and the handling and preservation of
drugs.
(2) To fix Fix standards and requirements for licenses
and permits except as otherwise specified in this chapter.
(3) Set penalties as further provided in Section
34-23-33(b).
(4) Set fees, by rule, for licenses, permits,
certificates, and registrations as well as renewal fees, late
fees, delinquency fees, and reinstatement fees as required
under this chapter, which shall be in a specific amount that
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under this chapter, which shall be in a specific amount that
shall apply uniformly to all holders of the applicable
license, permit, certificate, or registration to which the fee
pertains. This subdivision does not authorize the board to
impose monetary penalties in addition to a late fee,
delinquency fee, or reinstatement fee imposed by the board for
failure to timely renew a license, permit, certificate, or
registration.
(3)(5)To make Adopt rules and regulations regarding
sanitation consistent with state health regulations.
(4)(6)To employ such Employ chemists, agents, clerical
help, and attorneys, and other personnel as necessary for the
proper administration of the duties of the board.
(5)(7)To employ Employ under the supervision of the
board a Chief Drug Investigator chief drug investigator and
such other state drug investigators that it the board deems
necessary to enforce this chapter which are under the
supervision of the board .
(6)(8)To adopt Adopt rules and regulations for the
administration and enforcement of this chapter . and not
inconsistent herewith. Such rules and regulations shall be
referenced to the section or sections of this chapter which
set forth the legislative standard which it interprets or to
which it applies. Every such rule and regulation shall be
adoptedThe board shall adopt all rules in accordance with the
Alabama Administrative Procedure Act. A copy of every rule and
regulation containing a requirement of general application
shall be electronically mailed to each registered pharmacist
at least 10 days before the effective date thereofof the
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at least 10 days before the effective date thereofof the
certified rule. A printed copy of such the rules and
regulations shall be mailed to any registered pharmacist upon
written request to the board.
(7)(9)To investigate Investigate alleged violations of
this chapter, any rule of the board, or any other law
pertaining to the practice of pharmacy that may come to the
knowledge of the board and :
a. institute Institute or cause to be instituted before
the boardorappropriate proceedings in a proper court
appropriate proceedings in connection therewith of competent
jurisdiction; or
b. Conduct hearings to revoke, suspend, or place on
probate any license, permit, certificate, or registration
granted by the board under this chapter, or impose monetary
penalties as further provided in Section 34-23-33, provided
any person subjected to a monetary penalty or other
disciplinary action may take an appeal in accordance with
Section 34-23-94 .
(8)(10)To issue Issue subpoenas and compel the
attendance of witnesses and the production of all necessary
papers, books and records, documentary evidence and materials,
or other evidence in matters pending before the board relating
to the revocation, suspension, or probation of any license.
Those persons issued subpoenas and compelled to attend
hearings or meetings in matters pending before the board shall
be entitled to witness fees from board funds. Claims for
witness fees shall be made on accepted State of Alabama
voucher forms as appropriate. Travel and mileage expenses
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voucher forms as appropriate. Travel and mileage expenses
shall be reimbursed to witnesses in the amounts officially
authorized to the board and its personnel at the time the
service to the board is performed.
(9)(11)To administer Administer oaths in connection
with the duties of the board.
(10)(12)To make Not later than November 1, submit a
written report annually of its receipts and disbursements
during the previous fiscal year to the Governor and to the
State Pharmaceutical Alabama Pharmacy Association. Included in
this report shall be the names of all registrants licensed to
practice under this chapter and a record of all permits issued
during the period covered by the report.
(11)(13)To enforce Enforce the state barbiturate act,
the state amphetamine act, the state narcotic law, and all
other laws of the state which pertain to the practice of
pharmacy, the examination of applicants, the licensing of
pharmacists, the manufacture, packaging, repackaging,
production, sale, or distribution of drugs, chemicals, and
poisons, and all laws pertaining to standards for their
strength and purity. The board may work in conjunction with
other law enforcement agencies to enforce any law pertaining
to the practice of pharmacy. Nothing in this section
subdivision shall be construed to deprive the State Board of
Health Alabama Department of Public Health of any powers or
duties otherwise prescribed by law including the enforcement
of the narcotic law.
(12) To investigate alleged violations of this chapter
or any rule or regulation published by the board and conduct
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or any rule or regulation published by the board and conduct
hearings to revoke, suspend, or probate any license or permit
granted by the board under this chapter and to invoke
penalties not to exceed the sum of one thousand dollars
($1,000) for each violation and to institute any legal
proceedings necessary to effect compliance with this chapter;
provided, that any person, firm, or corporation subjected to
such penalty or legal proceedings may take an appeal in
accordance with Section 34-23-94.
(14) Cooperate and assist with prosecuting officers in
any proceeding involving an alleged criminal offense and
furnish prosecuting officers with any evidence the board, its
officers, or employees determine will assist in the
prosecution of a criminal offense.
(13)(15) On application of any person and payment of
the actual cost thereforof providing a certified copy , the
secretary of the board shall furnish, under its seal and
signed by the secretary, a certified copy of the license or
permit of the requestorrequester, or a certified copy of a
regulation or rule of the board . In any court or proceeding,
such the copy shall be prima facie evidence of the fact of the
issuance of such the permit or license and the adoption of
such rule or regulation .
(14)(16)To acquire Acquire by gift, grant, purchase,
condemnation, or otherwise, and to convey or hold title to,
real property, together with all rights incidental thereto."
"§34-23-93
(a)(1) The board and its members and officers shall
assist prosecuting officers in the enforcement of this
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assist prosecuting officers in the enforcement of this
chapter, and it shall be the duty of the board, its members
and officers to furnish the proper prosecuting officers with
such evidence as it or they may ascertain to assist them in
the prosecution of any violation of this chapter, and the
board is authorized for such purposes to make such reasonable
expenditures from the funds of the board as it may deem
necessary to ascertain and furnish such evidence. The Attorney
General of the state shall be the attorney for the board, but
the board may in its discretion employ other counsel. It shall
be the duty of the district attorney of the judicial circuit
wherein any offense is committed to prosecute violations of
this chapter.
(2)a. Not later than November 1, 2025, the board shall
divide the office of general counsel into two distinct
divisions. One division shall be responsible for all
disciplinary functions, and the other division shall be
responsible for administrative nondisciplinary functions,
including providing advice to and answering questions from
holders of licenses, permits, certificates, or registrations
or prospective holders of licenses, permits, certificates or
registrations regarding statutory and regulatory compliance.
b. The board, by rule, shall establish internal
procedures that ensure that any inquiries made by the holder
of a license, permit, certificate, or registration or other
person seeking advice or guidance regarding compliance with a
statute or rule is addressed by the administrative division
and is not disclosed to the disciplinary division unless an
attorney reasonably believes a criminal violation may have
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attorney reasonably believes a criminal violation may have
occurred.
(b) The board may request assistance from the Attorney
General or other legal counsel employed by the board, as
appropriate. The Attorney General or other legal counsel shall
assist the board, upon request, in any action for injunction
brought by the board. "
"§34-23-131
(a) A pharmacy technician shall not perform pharmacy
functions or be present in the prescription department of a
pharmacy unless he or she is under the direct supervision of a
licensed pharmacist. A pharmacy technician shall not perform
pharmacy functions or be present in the prescription
department of a pharmacy unless he or she is registered by the
board.
(b) When supervision is required, a licensed pharmacist
shall be jointly responsible and liable for the actions of a
pharmacy technician.
(c)(1) A pharmacy technician shall register and pay a
registration fee as determined in a specified amount set by
the board, by rule, before performing any pharmacy functions.
The fee shall be not less than twenty dollars ($20) nor more
than sixty dollars ($60). The board shall adopt rules relating
to the registration of all pharmacy technicians. The
registration of a pharmacy technician shall be renewable
biennially in odd-numbered years upon payment of the required
renewal fee.
(2) The registration of each pharmacy technician shall
expire on December 31 of odd-numbered years . In order to
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expire on December 31 of odd-numbered years . In order to
continue to be licensed, each unless a registered pharmacy
technician shall pay pays a biennial renewal fee of not in a
specified amount set by the board by rule. The fee shall be
not less than twenty dollars ($20) , as determined by rule of
the board, the fee being nor more than sixty dollars ($60).
The renewal fee shall be due on October December 31 and
delinquent after December 31 of odd-numbered years. The
payment of the renewal fee shall entitle the pharmacy
technician to renewal of his or her registration at the
discretion of the board. If any pharmacy technician fails to
pay the renewal fee as required by this subsection, he or she
may be reinstated as a pharmacy technician only upon payment
of a penalty by December 31, the board may impose a late fee of
not less than ten dollars ($10) nor more than twenty dollars
($20), as determined by rule of the board, for each lapsed
year and all lapsed fees for each lapsed year up to a maximum
of five years of total penalties and lapsed fees month.
(d) In addition to any other registration requirements,
a pharmacy technician shall complete three hours of continuing
education annually, or six hours biennially, of which one hour
per year shall be live presentation. The board may grant an
extension to a pharmacy technician who fails to complete the
required continuing education hours in the allotted time. A
pharmacy technician who fails to complete the annual
continuing education requirements in a timely manner shall be
subject to disciplinary action by the board."
Section 4. Not later than February 1, 2026, the board
shall submit a report to the respective chairs and vice chairs
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shall submit a report to the respective chairs and vice chairs
of the House Health and Senate Healthcare standing committees
and all members of the Sunset Committee and Legislative
Council. The report shall review all rules of the board and
identify those rules that conflict with Chapter 23 of Title
34, Code of Alabama 1975, with a plan for how to bring all
rules into compliance with Chapter 23 no later than October 1,
2026.
Section 5. The Legislature concurs in the
recommendations of the Sunset Committee as provided in
Sections 1 through 4.
Section 6. This act shall become effective immediately.
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Section 6. This act shall become effective immediately.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................04-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................18-Feb-25
Read for the third time and passed
as amended
Yeas 101
Nays 0
Abstains 1
................20-Feb-25
John Treadwell
Clerk
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