Alabama 2025 Regular Session

Alabama Senate Bill SB28 Compare Versions

Only one version of the bill is available at this time.
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11 SB28INTRODUCED
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33 SB28
44 ZU3SKRR-1
55 By Senator Beasley
66 RFD: Healthcare
77 First Read: 04-Feb-25
88 PFD: 18-Dec-24
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1414 6 ZU3SKRR-1 12/17/2024 FC (L)ma 2024-2888
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1616 PFD: 18-Dec-24
1717 SYNOPSIS:
1818 This bill would relate to the Alabama Board of
1919 Pharmacy and further provide for the regulation of the
2020 practice of pharmacy and the licensure of pharmacists.
2121 This bill would delete the definition of an
2222 extern and delete other references to an extern, which
2323 would be covered by the term "intern."
2424 This bill would delete a requirement for a
2525 permit holder as a manufacturer, wholesaler, or other
2626 similar pharmaceutical entities to have a full-time
2727 licensed pharmacist on the premises.
2828 This bill would provide that the penalty for a
2929 manufacturer, wholesaler, or other similar
3030 pharmaceutical entities shipping drugs, etc. without a
3131 permit applies to each shipment as a separate offense.
3232 This bill would delete requirements for an
3333 affidavit on completion of the practical training
3434 program for an intern.
3535 This bill would specify that the Board of
3636 Pharmacy is directed to adopt rules to administer and
3737 enforce the provisions of the law relating to the
3838 operation of pharmacies.
3939 This bill would delete a provision relating to
4040 notice of Board of Pharmacy meetings, which is
4141 otherwise covered by general law relating to open
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7171 otherwise covered by general law relating to open
7272 meetings.
7373 This bill would authorize the treasurer in
7474 addition to the president of the board and the
7575 secretary to authorize disbursement of board funds.
7676 This bill would specify that a proposed rule
7777 change of general applicability would be published as
7878 determined by the board and would delete a requirement
7979 for the electronic mailing of rule changes to each
8080 pharmacist.
8181 This bill would clarify that the board could
8282 assess a penalty for each violation of the pharmacy law
8383 and that each offense would be a separate violation.
8484 This bill would provide that a "pharmacy
8585 technician" registered with the board could perform
8686 pharmacy functions and provide for a new position of
8787 "pharmacy clerk" who would be registered with the board
8888 and authorized to perform operational functions in a
8989 pharmacy department under the supervision of a licensed
9090 pharmacist as provided by rule. The terms pharmacy
9191 technician and pharmacy function, pharmacy clerk and
9292 operational function, and supervision would be defined
9393 in Section 34-23-1, Code of Alabama 1975. The
9494 registration provisions and fee for registration of a
9595 pharmacy clerk would be the same as a pharmacy
9696 technician.
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126126 A BILL
127127 TO BE ENTITLED
128128 AN ACT
129129 Relating to the Board of Pharmacy; to amend Sections
130130 34-23-1, 34-23-32, 34-23-50, 34-23-51, 34-23-73, 34-23-91,
131131 34-23-92, 34-23-131, and 34-23-132, Code of Alabama 1975, to
132132 further provide for definitions and for the licensing and
133133 regulation of the practice of pharmacy; to authorize a new
134134 position in a pharmacy to be designated as a pharmacy clerk
135135 authorized to perform operational functions in a pharmacy; to
136136 revise the duties and powers of the board; and to repeal
137137 Section 34-23-130, Code of Alabama 1975, providing certain
138138 definitions.
139139 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
140140 Section 1. Sections 34-23-1, 34-23-32, 34-23-50,
141141 34-23-51, 34-23-73, 34-23-91, 34-23-92, 34-23-131, and
142142 34-23-132, Code of Alabama 1975, are amended to read as
143143 follows:
144144 "§34-23-1
145145 For the purpose of this chapter, the following words
146146 and phrases shall have the following meanings:
147147 (1) ASSOCIATION. The Alabama Pharmacy Association.
148148 (2) BIOLOGICAL PRODUCT. Has the same meaning as the
149149 term as defined in 42 U.S.C. § 262.
150150 (3) BOARD or STATE BOARD. The Alabama State Board of
151151 Pharmacy.
152152 (4) CHEMICAL. Any substance of a medicinal nature,
153153 whether simple or compound, obtained through the process of
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183183 whether simple or compound, obtained through the process of
184184 the science and art of chemistry, whether of organic or
185185 inorganic origin.
186186 (5) DISPENSE. To sell, distribute, administer, leave
187187 with, give away, dispose of, deliver, or supply a drug or
188188 medicine to the ultimate user or his or her agent.
189189 (6) DRUGS. All medicinal substances, preparations, and
190190 devices recognized by the United States Pharmacopoeia and
191191 National Formulary, or any revision thereof, and all
192192 substances and preparations intended for external and internal
193193 use in the cure, diagnosis, mitigation, treatment, or
194194 prevention of disease in man or animal and all substances and
195195 preparations other than food intended to affect the structure
196196 or any function of the body of man or animal.
197197 (7) EXTERN. A candidate for licensure as a pharmacist
198198 during the time prior to graduation from an accredited college
199199 of pharmacy.
200200 (8)(7) HOSPITAL. An institution for the care and
201201 treatment of the sick and injured, licensed by the Alabama
202202 State BoardDepartment of Public Health and authorized to be
203203 entrusted with the custody of drugs and medicines, the
204204 professional use of drugs and medicines being under the direct
205205 supervision of a medical practitioner or pharmacist.
206206 (9)(8) INTERCHANGEABLE BIOLOGICAL PRODUCT. A biological
207207 product for which the federal Food and Drug Administration has
208208 made either a determination of licensure based on standards
209209 for interchangeability pursuant to 42 U.S.C. § 262(k)(4), or a
210210 determination of therapeutic equivalence based on the latest
211211 edition of or supplement to the federal Food and Drug
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241241 edition of or supplement to the federal Food and Drug
242242 Administration's publication Approved Drug Products with
243243 Therapeutic Equivalence Evaluations (Orange Book).
244244 (10)(9) INTERN. An individual who is currently licensed
245245 by this state to engage in the practice of pharmacy while
246246 under the personal supervision of a pharmacist and is
247247 satisfactorily progressing toward meeting the requirements for
248248 licensure as a pharmacist, a graduate of an approved college
249249 of pharmacy who is currently licensed by the board for the
250250 purpose of obtaining practical experience as a requirement for
251251 licensure as a pharmacist, or a qualified applicant awaiting
252252 examination for licensure.
253253 (11)(10) LEGEND DRUG. Any drug, medicine, chemical, or
254254 poison bearing on the label the words, "Caution, federal law
255255 prohibits dispensing without prescription" or similar wording
256256 indicating that such the drug, medicine, chemical, or poison
257257 may be sold or dispensed only upon the prescription of a
258258 licensed medical practitioner.
259259 (12)(11) LICENSE. The grant of authority by the board
260260 to a person authorizing him or her to engage in the practice
261261 of pharmacy in this state.
262262 (13)(12) MANUFACTURER. A person or entity, except a
263263 pharmacy, who prepares, derives, produces, researches, tests,
264264 labels, or packages any drug, medicine, chemical, or poison.
265265 (14)(13) MEDICAL PRACTITIONER. Any physician, dentist,
266266 or veterinarian, or any other person individual authorized by
267267 law to treat, use, or prescribe medicine and drugs for sick
268268 and injured human beings or animals in this state.
269269 (15)(14) MEDICINE. Any drug or combination of drugs
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299299 (15)(14) MEDICINE. Any drug or combination of drugs
300300 that has the property of curing, diagnosing, preventing,
301301 treating, or mitigating diseases or that which may be used for
302302 those purposes.
303303 (15) OPERATIONAL FUNCTION. A function performed in a
304304 pharmacy department that does not require the professional
305305 judgment of a licensed pharmacist and that requires
306306 supervision by a licensed pharmacist. The term does not
307307 include pharmacy functions required to be performed by a
308308 pharmacy technician. The duties may include, but are not
309309 limited to, completing transactions at a register, stocking
310310 inventory, and other similar functions as determined by rule
311311 of the board.
312312 (16) OUTSOURCING FACILITY. A facility at one geographic
313313 location or address that is engaged in the compounding of
314314 sterile drugs, which has elected to register with the federal
315315 Food and Drug Administration as an outsourcing facility and
316316 complies with the requirements of Section 503B(d)(4)(A) of the
317317 federal Food, Drug, and Cosmetic Act.
318318 (17) PATENT OR PROPRIETARY MEDICINES. Completely
319319 compounded nonprescription packaged drugs, medicines, and
320320 nonbulk chemicals which that are sold, offered, promoted, or
321321 advertised by the manufacturer or primary distributor under a
322322 trademark, trade name, or other trade symbol, and the labeling
323323 of which conforms to the requirements of the federal Food,
324324 Drug, and Cosmetic Act ; provided, that this definition shall
325325 The term does not include:
326326 a. Drugs which that are only advertised and promoted
327327 professionally to licensed physicians, dentists, or
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357357 professionally to licensed physicians, dentists, or
358358 veterinarians by manufacturers or primary distributors.
359359 b. A narcotic or drug containing a narcotic.
360360 c. A drug the label of which bears substantially either
361361 the statements "Caution--federal law prohibits dispensing
362362 without prescription" or "Warning--may be habit-forming".
363363 d. A drug intended for injection.
364364 (18) PERMIT. The grant of authority by the board to any
365365 person, firm, or corporation authorizing the operation of a
366366 pharmacy, wholesale drug distributor, repackager, bottler,
367367 manufacturer, or packer of drugs, medicines, chemicals, or
368368 poisons for medicinal purposes. Nonresident wholesale drug
369369 distributors registered with the appropriate agency , in the
370370 state in which they are domiciled , and operating in compliance
371371 with Prescription Drug Marketing Act standards , shall be
372372 allowed to do business in this state. No permit shall be
373373 required of any physician licensed to practice medicine for
374374 any act or conduct related to or connected with his or her
375375 professional practice.
376376 (19) PERSON. Any individual, partnership, corporation,
377377 association, trust, or other entity.
378378 (20) PHARMACIST. Any person individual licensed by the
379379 board to practice the profession of pharmacy as a health care
380380 provider in the State of Alabama and whose license is in good
381381 standing.
382382 (21) PHARMACY. A place licensed by the board in which
383383 prescriptions, drugs, medicines, medical devices, chemicals,
384384 and poisons are sold, offered for sale, compounded, or
385385 dispensed, and shall include all places whose title may imply
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415415 dispensed, and shall include all places whose title may imply
416416 the sale, offering for sale, compounding, or dispensing of
417417 prescriptions, drugs, medicines, chemicals, or poisons.
418418 (22) PHARMACY CLERK. An individual, other than an
419419 intern or pharmacy technician, who performs operational
420420 functions under the supervision of a licensed pharmacist.
421421 (23) PHARMACY FUNCTION. A function performed in a
422422 pharmacy department that does not require the professional
423423 judgment of a licensed pharmacist, that requires supervision
424424 by a licensed pharmacist, and that is restricted by ratios as
425425 determined by board rule.
426426 (22)(24) PHARMACY SERVICES PERMIT. Certain services
427427 performed by a pharmacy, as defined by board rule, and
428428 specifically excluding the receipt or inventory of drugs,
429429 medicines, chemicals, poisons, or medical devices.
430430 a. This subdivision, and any rule adopted by the board
431431 pursuant to this subdivision, may not be interpreted to expand
432432 the practice of pharmacy, as the practice of pharmacy and
433433 permits are limited by this section and Sections 34-23-11 and
434434 34-23-70, or to restrict the practice of medicine or
435435 osteopathy as defined in Section 34-24-50.
436436 b. This subdivision, and any rule adopted by the board
437437 pursuant to this subdivision, is subject to the restrictions
438438 contained in subsection (b) of Section 34-23-30.
439439 c. This subdivision shall not be interpreted to allow
440440 the board to adopt any rule that would authorize a pharmacist
441441 to sell, offer for sale, or dispense any prescription drug
442442 except pursuant to the terms of a valid prescription issued by
443443 a licensed practitioner authorized to prescribe such drug.
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473473 a licensed practitioner authorized to prescribe such drug.
474474 (25) PHARMACY TECHNICIAN. An individual, other than an
475475 intern, who performs pharmacy functions under the supervision
476476 of a licensed pharmacist.
477477 (23)(26) POISON. Any substance other than agricultural
478478 products and pesticides which when applied to, introduced
479479 into, or developed within the body in relatively small
480480 quantities by its inherent chemical action uniformly produces
481481 serious bodily injury, disease, or death.
482482 (24)(27) PRECEPTOR. A personAn individual who is duly
483483 licensed to practice pharmacy in the state and meets the
484484 requirements as established by the board.
485485 (25)(28) PRESCRIPTION. Any order for drug or medical
486486 supplies, written or signed or transmitted by word of mouth,
487487 telephone, telegraph, closed circuit television, or other
488488 means of communication by a legally competent practitioner,
489489 licensed by law to prescribe and administer such drugs and
490490 medical supplies intended to be filled, compounded, or
491491 dispensed by a pharmacist.
492492 (26)(29) PRIVATE LABEL DISTRIBUTOR. A firm that does
493493 not participate in the manufacture or processing of a drug ,
494494 but instead markets and distributes under its own trade name ,
495495 and labels a drug product made by someone else. A private
496496 label distributor is responsible for the products it
497497 introduces into interstate commerce and for compliance with
498498 federal Food, Drug, and Cosmetic Act requirements and Current
499499 Good Manufacturing Practices regulations.
500500 (27)(30) PROFESSIONAL DEGREE. A degree in pharmacy
501501 requiring a minimum of five academic years.
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531531 requiring a minimum of five academic years.
532532 (28)(31) REPACKAGER. A person who purchases or acquires
533533 from a manufacturer or distributor, a drug, medicine,
534534 chemical, or poison for the purpose of bottling, labeling, or
535535 otherwise repackaging for sale or distribution. This
536536 definition shall not apply to a physician licensed to practice
537537 medicine who as a part of his or her professional practice
538538 dispenses, administers, sells, or otherwise distributes any
539539 drug to a patient.
540540 (29)(32) SALE. Barter, exchange, or gift, or offer of
541541 barter, exchange, or gift, and shall include includes each
542542 transaction made by any person, whether a principal,
543543 proprietor, agent, servant, or employee.
544544 (33) SUPERVISION. The direct on-site overseeing of the
545545 performance of assigned or delegated duties or functions.
546546 (30)(34) THIRD-PARTY LOGISTICS LOGISTIC PROVIDER. An
547547 entity that provides or coordinates warehousing or other
548548 logistics services of a product in interstate commerce on
549549 behalf of a manufacturer, wholesale distributor, or dispenser
550550 of a product, that does not take ownership of the product , nor
551551 have responsibility to direct the sale or disposition of the
552552 product.
553553 (31)(35) WHOLESALE DRUG DISTRIBUTORS. A person, other
554554 than a manufacturer, the co-licensed partner of a
555555 manufacturer, a third-party logistics provider, or repackager,
556556 engaged in the business of distributing drugs and medicines
557557 for resale to pharmacies, hospitals, practitioners, government
558558 agencies, or other lawful outlets permitted to sell drugs or
559559 medicines. The sale, purchase, or trade of a drug by a retail
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589589 medicines. The sale, purchase, or trade of a drug by a retail
590590 pharmacy to another retail pharmacy or practitioner, for
591591 relief of temporary shortages, is exempt from this definition.
592592 Also exempt from this definition shall be all of the
593593 following:
594594 a. Intracompany sales.
595595 b. Manufacturer and distributor sales representatives
596596 who distribute drug samples.
597597 c. Charitable organizations distributing to nonprofit
598598 affiliates of that organization.
599599 d. Certain purchases by hospitals or other health care
600600 entities that are members of a group purchasing organization.
601601 e. The distributors of blood and blood components."
602602 "§34-23-32
603603 (a) Commencing on August 1, 2017, every Any
604604 manufacturer, bottler, packager, repackager, third
605605 partythird-party logistic provider, wholesale drug
606606 distributor, private label distributor, outsourcing facility,
607607 or pharmacy business identified in the supply chain of drugs,
608608 medicines, chemicals, or poisons for medicinal purposes shall
609609 register annually with the board by application for a permit
610610 on a form furnished by the board and accompanied by a fee to
611611 be determined by the board as follows:
612612 (1) The fee shall not be less than five hundred dollars
613613 ($500) nor more than two thousand dollars ($2,000) for a new
614614 establishment.
615615 (2) The fee shall not be less than two hundred fifty
616616 dollars ($250) nor more than one thousand dollars ($1,000) for
617617 a renewal permit.
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647647 a renewal permit.
648648 (3) The fee shall not be less than five hundred dollars
649649 ($500) nor more than two thousand dollars ($2,000) for a
650650 permit due to transfer of ownership.
651651 (b) A holder of a permit shall employ a full-time
652652 licensed pharmacist whose principal duty shall be confined to
653653 on-premise pharmaceutical operations. Wholesale drug
654654 distributors who strictly limit their operation to
655655 distribution of drugs, medicines, chemicals, or poisons for
656656 medicinal purposes are exempt from the requirement to employ a
657657 full-time licensed pharmacist.
658658 (c)(b) The professional practice of any physician
659659 licensed to practice medicine is exempt from the requirements
660660 of this section.
661661 (d)(c) All permits issued under this section shall
662662 become due on October 31 and shall become null and void if not
663663 paid by December 31. Each application for the renewal of the
664664 permit shall be made annually on or before December 31. A
665665 penalty of one hundred dollars ($100) for each overdue month
666666 shall be assessed in addition to the permit fee for renewal of
667667 delinquent permits.
668668 (e)(d)(1) Commencing on January 1, 2024, each holder of
669669 a permit issued under this section, with the exception of an
670670 outsourcing facility, shall designate a current representative
671671 of the permit holder and shall register the designated
672672 representative with the board. The designated representative
673673 shall possess the qualifications, requirements, and background
674674 as set out by the board.
675675 (2) The holder of the permit shall pay an initial
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705705 (2) The holder of the permit shall pay an initial
706706 registration fee to register the designated representative of
707707 not less than one hundred dollars ($100), as set by rule of
708708 the board. The registration of a designated representative
709709 shall expire on December 31. The renewal of the registration
710710 shall be due on October 31 of each year and shall be
711711 delinquent after December 31. The annual fee for the renewal
712712 of a designated representative shall not be less than one
713713 hundred dollars ($100), as set by rule of the board. If the
714714 renewal is not timely received by the board, the applicant for
715715 renewal of the registration shall pay a penalty of not more
716716 than fifty dollars ($50) for each month the renewal is late,
717717 as set by rule of the board.
718718 (f)(e) All holders of a permit, before shipping any
719719 drug bearing the legend, " cautionCaution, federal law
720720 prohibits dispensing without prescription" or similar wording
721721 causing these drugs to be known as legend drugs to new
722722 customers, shall assure themselves that the recipient is
723723 either a duly licensed doctor of medicine, dentistry, or
724724 veterinary medicine or holds a registered pharmacy permit from
725725 the board by contacting the office of the board.
726726 (g)(f) No manufacturer, manufacturer affiliate,
727727 bottler, packager, repackager, third partythird-party logistic
728728 provider, wholesale drug distributor, private label
729729 distributor, outsourcing facility, or pharmacy business
730730 identified in the supply chain of any legend drug or device
731731 shall ship, or cause to be shipped, into the state any legend
732732 drug or device without a valid permit issued by the board.
733733 Each invalid shipment shall be a separate violation. The civil
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763763 Each invalid shipment shall be a separate violation. The civil
764764 penalty for a violation of this subsection shall be four
765765 thousand dollars ($4,000) for each violation. The civil
766766 penalties provided in this subdivision shall supersede the
767767 penalties provided in Section 34-23-92.
768768 (h)(g) The holder of a permit to ship any legend drug
769769 or device into the state shall provide to the board a list of
770770 all trading partners, upon request of the board.
771771 (i)(h) No holder of a permit shall ship any legend drug
772772 to any person or firm after receiving written notice from the
773773 board that the person or firm no longer holds a registered
774774 pharmacy permit. Any person violating this section shall be
775775 guilty of a misdemeanor.
776776 (j)(i) For each application for a permit found to be
777777 satisfactory by the board, the secretary of the board shall
778778 issue to the applicant a permit for the appropriate function,
779779 which permit shall be displayed in a conspicuous place."
780780 "§34-23-50
781781 (a) It shall be unlawful for any person , firm, or
782782 corporation to practice pharmacy in this state or to permit
783783 prescriptions to be compounded or dispensed by a person other
784784 than a person duly licensed by the board to practice pharmacy
785785 in this state.
786786 (b)(1) Notwithstanding subsection (a), the board may
787787 issue a pharmacy intern /extern permit as further provided in
788788 this subsection that authorizes a pharmacy intern or extern to
789789 compound and dispense prescriptions while serving under the
790790 immediate direct supervision of a licensed pharmacist on the
791791 premises of a permitted pharmacy.
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821821 premises of a permitted pharmacy.
822822 (2) The following persons individuals may apply to the
823823 board for a pharmacy intern /extern permit:
824824 a. A personAn individual who holds a professional
825825 degree in pharmacy from a school of pharmacy recognized by the
826826 board who desires to serve as a pharmacy intern.
827827 b. A personAn individual who is enrolled in a school of
828828 pharmacy recognized by the board who desires to serve as a
829829 pharmacy externintern while pursuing his or her education as a
830830 pharmacist. In order to be considered enrolled in a school of
831831 pharmacy and pursuing education as a pharmacist, the person
832832 individual shall not be absent from the school of pharmacy for
833833 more than two consecutive semesters or three consecutive
834834 quarters, dependent upon the system in use in the school of
835835 pharmacy.
836836 (3) A personAn individual requesting a pharmacy
837837 intern/extern permit shall submit an application to the board
838838 in a form as determined by the board. The person individual
839839 shall be required to be of good moral character and a citizen
840840 of the United States or, if not a citizen, must be legally
841841 present in the United States with appropriate documentation
842842 from the federal government. Further, the person shall
843843 individual must not have engaged in any conduct that would be
844844 a violation of this chapter or board rule.
845845 (4) The application shall be accompanied with by an
846846 initial fee of not more than one hundred dollars ($100).
847847 (5) The board shall require a background check on each
848848 applicant as part of the initial application process. The cost
849849 of the background check shall be paid by the applicant.
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879879 of the background check shall be paid by the applicant.
880880 (6) A pharmacy intern /extern permit shall expire on
881881 December 31 of odd-numbered years. In order to continue to
882882 work as an intern or extern, a renewal fee of not more than
883883 one hundred dollars ($100), as determined by the board, shall
884884 be received by the board by December 31 of the year of
885885 expiration. If the renewal is not timely received by the
886886 board, the applicant for renewal shall pay a penalty of not
887887 more than fifty dollars ($50), as determined by the board, for
888888 each month the renewal is late.
889889 (7) For the purposes of this subsection, "immediate
890890 direct supervision" means that at least one pharmacist is
891891 personally present and available on the premises of the
892892 pharmacy for consultation with the intern or extern at all
893893 times.
894894 (c) Notwithstanding Section 20-2-51 or any other law to
895895 the contrary, each person licensed by the board to practice
896896 pharmacy may distribute or dispense controlled substances
897897 during the biennial period for which the person is licensed."
898898 "§34-23-51
899899 (a) Every person individual who desires to practice
900900 pharmacy within this state shall file with the secretary of
901901 the board his or her application for licensure as required by
902902 the board not less than 10 days prior to his or her
903903 examination. The application shall be accompanied by an
904904 examination and registration fee for residents and
905905 nonresidents of this state, the fees to be set by the board.
906906 (b) The applicant shall furnish satisfactory proof that
907907 he or she is at least 19 years of age, of good moral
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937937 he or she is at least 19 years of age, of good moral
938938 character, and that he or she holds a professional degree from
939939 a division, school, college, or a university department of
940940 pharmacy recognized by the board. Each applicant shall also be
941941 a citizen of the United States or, if not a citizen of the
942942 United States, a personan individual who is legally present in
943943 the United States with appropriate documentation from the
944944 federal government.
945945 (c) The applicant shall have completed an approved
946946 practical training program under the supervision of a licensed
947947 pharmacist in a site recognized by the board as qualified for
948948 training pharmacy externs and interns, the training standards
949949 to be established by the board as long as the standards are
950950 not less than those set by the National Association of Boards
951951 of Pharmacy. The completion of the practical training
952952 requirements shall be attested by affidavit from the licensed
953953 pharmacist preceptor under whom the training is served.
954954 (d)(1) The applicant shall pass an examination
955955 administered by the National Association of Boards of Pharmacy
956956 or other entity approved by the board in subjects consistent
957957 with those required by the National Association of Boards of
958958 Pharmacy and in accordance with the rules of the board. In
959959 case of failure of a first examination, the applicant shall
960960 have within three years the privilege of a second and third
961961 examination. In case of failure in the third examination, the
962962 applicant shall be eligible for only one additional
963963 examination and this only after he or she has satisfactorily
964964 completed additional preparation as directed and approved by
965965 the board.
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995995 the board.
996996 (2) An applicant may be admitted to the examination
997997 provided all of the requirements in subsections (a), (b), and
998998 (c) are met, and in addition, that affidavits attesting to the
999999 prescribed practical training program have been presented to
10001000 the secretary prior to the examination .
10011001 (3) An application for examination by the board may be
10021002 denied if the applicant is proven to have been involved in any
10031003 violation of this chapter. An applicant who has been expelled
10041004 from an examination for cribbing, cheating, or other dishonest
10051005 conduct shall not be permitted to complete the examination
10061006 applied for and shall not be permitted to file a new
10071007 application for examination during the balance of the same
10081008 calendar year or the calendar year next following the
10091009 expulsion.
10101010 (e)(1) The board may issue a license without
10111011 examination to an applicant who furnishes satisfactory proof
10121012 that he or she has been licensed to practice pharmacy by
10131013 examination in another state that under like conditions grants
10141014 reciprocal licensure without examination to pharmacists duly
10151015 licensed by examination in this state, that he or she is a
10161016 person an individual of good moral character and temperate
10171017 habits, and provided that the requirements in the state from
10181018 which the applicant is reciprocating were no less than the
10191019 requirements of the National Association of Boards of
10201020 Pharmacy. The application shall be accompanied by a fee set by
10211021 the board.
10221022 (2) Each applicant for licensure by reciprocity shall
10231023 be personally interviewed by two or more members of the board
10241024 477
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10531053 be personally interviewed by two or more members of the board
10541054 before being granted a license, and the applicant shall pass
10551055 an examination on the laws governing the practice of pharmacy
10561056 in this state. The applicant shall be approved for reciprocity
10571057 by the board prior to the time that he or she begins the
10581058 duties of a licensed pharmacist in this state. No applicant
10591059 shall be granted reciprocal licensure unless all evidence and
10601060 supporting documents of licensure in the state from which the
10611061 applicant is reciprocating are approved as meeting the
10621062 requirements for reciprocity of the National Association of
10631063 Boards of Pharmacy. The board shall set and collect a fee for
10641064 submitting and certifying grades for reciprocity in other
10651065 states."
10661066 "§34-23-73
10671067 Every pharmacist serving as a preceptor shall have
10681068 expressed a willingness to serve as a preceptor. Pharmacist
10691069 preceptors shall be approved by the board and shall be willing
10701070 to cooperate with the board in developing the necessary
10711071 training requirements and shall provide appropriate
10721072 documentation to the board. Each preceptor shall certify as to
10731073 the commencement and completion of the training period and may
10741074 make recommendations to the board concerning the competency of
10751075 his or her trainee. The preceptor shall report to the board
10761076 from time to time as requested on the progress of any intern
10771077 or extern under his or her supervision. It shall be his or her
10781078 responsibility in a supervisory capacity to see ensure that
10791079 each intern or extern receives proper training under the
10801080 objectives of the board for this practical training program."
10811081 "§34-23-91
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11111111 "§34-23-91
11121112 (a) The president of the board shall preside at all of
11131113 the board's meetings. The vice-presidentvice president shall
11141114 preside in the absence or inability of the president. The
11151115 secretary of the board shall be the executive officer in
11161116 charge of the board's office. The secretary shall make, keep,
11171117 and be in charge of all records and record books required to
11181118 be kept by the board, including a register containing all
11191119 information which shall be required under this chapter. The
11201120 secretary shall attend to the correspondence of the board and
11211121 perform any other duties the board may require in keeping with
11221122 the office of secretary. The secretary shall receive and
11231123 record all fees collected under this chapter and, at regular
11241124 intervals as ordered by the board, shall pay the fees to the
11251125 treasurer of the board for its use. The secretary may have any
11261126 forms printed and office supplies furnished as necessary to
11271127 implement this chapter. The secretary and treasurer of the
11281128 board shall each furnish bond in an amount to be fixed by the
11291129 board and shall be conditioned upon the faithful performance
11301130 and discharge of their respective official duties.
11311131 (b) The members of the board shall be paid the same per
11321132 diem and travel allowance as is paid by law to state employees
11331133 while engaged in the performance of the duties of the board,
11341134 in addition to any daily compensation or allowance determined
11351135 by the board.
11361136 (c) The board shall conduct meetings at least three
11371137 times annually and more often when deemed necessary for the
11381138 examination of applicants for licensure and for the
11391139 transaction of business as may legally come before it. Public
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11691169 transaction of business as may legally come before it. Public
11701170 notice of all stated meetings shall be given at least 30 days
11711171 in advance of the meetings. At all meetings of the board, a
11721172 majority shall constitute a quorum. The members of the board
11731173 shall determine the place of meetings of the board.
11741174 (d) The treasurer of the board shall have custody of
11751175 all funds derived from the various provisions of this chapter.
11761176 All disbursements shall be made by check as authorized by
11771177 vouchers signed by the president or treasurer and the
11781178 secretary of the board.
11791179 (e) The books and records of the board as made and kept
11801180 by the secretary or under his or her supervision shall be
11811181 prima facie evidence of the matter therein recorded in any
11821182 court."
11831183 "§34-23-92
11841184 The board shall exercise, subject to this chapter, the
11851185 following powers and duties:
11861186 (1) To adopt rules concerning the records and reports
11871187 to be kept and made by a pharmacy relating to the filling of
11881188 prescriptions and the handling and preservation of drugs.
11891189 (2) To fix standards and requirements for licenses and
11901190 permits except as otherwise specified in this chapter.
11911191 (3) To make rules and regulations regarding sanitation
11921192 consistent with state health regulations.
11931193 (4) To employ such chemists, agents, clerical help, and
11941194 attorneys necessary for the proper administration of the
11951195 duties of the board.
11961196 (5) To employ a Chief Drug Investigator and such other
11971197 drug investigators that it deems necessary to enforce this
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12271227 drug investigators that it deems necessary to enforce this
12281228 chapter which are under the supervision of the board.
12291229 (6) To adopt rules and regulations for the
12301230 administration and enforcement of this chapter and not
12311231 inconsistent herewith. Such rules and regulations shall be
12321232 referenced to the section or sections of this chapter which
12331233 set forth the legislative standard which it interprets or to
12341234 which it applies. Every such rule and regulation shall be
12351235 adopted in accordance with the Alabama Administrative
12361236 Procedure Act. A copy of every rule and regulation containing
12371237 a requirement of general application shall be electronically
12381238 mailed to each registered pharmacist at least 10 days before
12391239 the effective date thereof published in a manner as determined
12401240 by the board. A printed copy of such rules and regulations
12411241 shall be mailed to any registered pharmacist upon written
12421242 request to the board.
12431243 (7) To investigate violations of this chapter or any
12441244 other law pertaining to the practice of pharmacy that may come
12451245 to the knowledge of the board and institute or cause to be
12461246 instituted before the board or in a proper court appropriate
12471247 proceedings in connection therewith.
12481248 (8) To issue subpoenas and compel the attendance of
12491249 witnesses and the production of all necessary papers, books
12501250 and records, documentary evidence and materials, or other
12511251 evidence in matters pending before the board relating to the
12521252 revocation, suspension, or probation of any license. Those
12531253 persons issued subpoenas and compelled to attend hearings or
12541254 meetings in matters pending before the board shall be entitled
12551255 to witness fees from board funds. Claims for witness fees
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12851285 to witness fees from board funds. Claims for witness fees
12861286 shall be made on accepted State of Alabama voucher forms as
12871287 appropriate. Travel and mileage expenses shall be reimbursed
12881288 to witnesses in the amounts officially authorized to the board
12891289 and its personnel at the time the service to the board is
12901290 performed.
12911291 (9) To administer oaths in connection with the duties
12921292 of the board.
12931293 (10) To make a written report annually of its receipts
12941294 and disbursements to the Governor and to the State
12951295 Pharmaceutical Alabama Pharmacy Association, or its successor .
12961296 Included in this report shall be the names of all registrants
12971297 licensed to practice under this chapter and a record of all
12981298 permits issued during the period covered by the report.
12991299 (11) To enforce the state barbiturate act, the state
13001300 amphetamine act, the state narcotic law, and all other laws of
13011301 the state which pertain to the practice of pharmacy, the
13021302 examination of applicants, the licensing of pharmacists, the
13031303 manufacture, packaging, repackaging, production, sale, or
13041304 distribution of drugs, chemicals, and poisons, and all laws
13051305 pertaining to standards for their strength and purity. The
13061306 board may work in conjunction with other law enforcement
13071307 agencies to enforce any law pertaining to the practice of
13081308 pharmacy. Nothing in this section shall be construed to
13091309 deprive the State Board Department of Public Health of any
13101310 powers or duties otherwise prescribed by law including the
13111311 enforcement of the narcotic law.
13121312 (12) To investigate alleged violations of this chapter
13131313 or any rule or regulation published adopted by the board and
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13431343 or any rule or regulation published adopted by the board and
13441344 conduct hearings to discipline, revoke, suspend, or probate
13451345 any license or permit granted by the board under this chapter
13461346 and to invoke penalties not to exceed the sum of one thousand
13471347 dollars ($1,000) for each violation and to institute any legal
13481348 proceedings necessary to effect compliance with this chapter;
13491349 provided, that any person , firm, or corporation subjected to
13501350 such penalty or legal proceedings may take an appeal in
13511351 accordance with Section 34-23-94. For the purpose of this
13521352 subdivision, each offense shall be a separate violation.
13531353 (13) On application of any person and payment of the
13541354 cost therefor, the secretary of the board shall furnish, under
13551355 its seal and signed by the secretary, a certified copy of the
13561356 license or permit of the requestor, or a certified copy of a
13571357 regulation or rule of the board. In any court or proceeding,
13581358 such the copy shall be prima facie evidence of the fact of the
13591359 issuance of such the permit or license and the adoption of
13601360 such the rule or regulation.
13611361 (14) To acquire by gift, grant, purchase, condemnation,
13621362 or otherwise, and to convey or hold title to, real property,
13631363 together with all rights incidental thereto."
13641364 "§34-23-131
13651365 (a) A pharmacy technician shall not perform pharmacy
13661366 functions or be present in the prescription department of a
13671367 pharmacy unless he or she the pharmacy technician is under the
13681368 direct supervision of a licensed pharmacist . A pharmacy
13691369 technician shall not perform pharmacy functions or be present
13701370 in the prescription department of a pharmacy unless he or she
13711371 and is registered by the board.
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14011401 and is registered by the board.
14021402 (b) A pharmacy clerk shall not perform operational
14031403 functions or be present in the prescription department of a
14041404 pharmacy unless the pharmacy clerk is under the supervision of
14051405 a licensed pharmacist and is registered by the board.
14061406 (b)(c) When supervision is required, a licensed
14071407 pharmacist shall be jointly responsible and liable for the
14081408 actions of a pharmacy technician or pharmacy clerk .
14091409 (c)(d) A pharmacy technician or pharmacy clerk shall
14101410 register and pay a fee as determined by the board before
14111411 performing any pharmacy functions. The board shall adopt rules
14121412 relating to the registration of all pharmacy technicians and
14131413 pharmacy clerks. The registration of a pharmacy technician or
14141414 pharmacy clerk shall be renewable biennially in odd-numbered
14151415 years upon payment of the required renewal fee. The
14161416 registration of each pharmacy technician or pharmacy clerk
14171417 shall expire on December 31 of odd-numbered years. In order to
14181418 continue to be licensed, each registered pharmacy technician
14191419 or pharmacy clerk shall pay a biennial renewal fee of not less
14201420 than twenty dollars ($20), as determined by rule of the board,
14211421 the fee being due on October 31 and delinquent after December
14221422 31 of odd-numbered years. The payment of the renewal fee shall
14231423 entitle the pharmacy technician or pharmacy clerk to renewal
14241424 of his or her registration at the discretion of the board. If
14251425 any pharmacy technician or pharmacy clerk fails to pay the
14261426 renewal fee as required by this subsection, he or she may be
14271427 reinstated as a pharmacy technician or pharmacy clerk only
14281428 upon payment of a penalty of not less than ten dollars ($10)
14291429 nor more than twenty dollars ($20), as determined by rule of
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14591459 nor more than twenty dollars ($20), as determined by rule of
14601460 the board, for each lapsed year and all lapsed fees for each
14611461 lapsed year up to a maximum of five years of total penalties
14621462 and lapsed fees.
14631463 (d)(e) In addition to any other registration
14641464 requirements, a pharmacy technician or pharmacy clerk shall
14651465 complete three hours of continuing education annually, or six
14661466 hours biennially, of which one hour per year shall be live
14671467 presentation. The board may grant an extension to a pharmacy
14681468 technician or pharmacy clerk who fails to complete the
14691469 required continuing education hours in the allotted time. A
14701470 pharmacy technician or pharmacy clerk who fails to complete
14711471 the annual continuing education requirements shall be subject
14721472 to disciplinary action by the board.
14731473 (f) The board shall adopt rules necessary to implement,
14741474 administer, and enforce this section. "
14751475 "§34-23-132
14761476 The board shall revoke review for discipline,
14771477 revocation, suspension, or suspend the registration of a
14781478 pharmacy technician or place on probation the registration of
14791479 a pharmacy technician or pharmacy clerk for any of, but not
14801480 limited to, the following reasons:
14811481 (1) Willful violation of any provision of this article
14821482 or the Alabama Uniform Controlled Substances Act.
14831483 (2) Willful violation of any rule or regulation
14841484 promulgatedadopted in accordance with this article or the
14851485 Alabama Uniform Controlled Substances Act.
14861486 (3) Action which threatens the public health, safety,
14871487 or welfare.
14881488 701
14891489 702
14901490 703
14911491 704
14921492 705
14931493 706
14941494 707
14951495 708
14961496 709
14971497 710
14981498 711
14991499 712
15001500 713
15011501 714
15021502 715
15031503 716
15041504 717
15051505 718
15061506 719
15071507 720
15081508 721
15091509 722
15101510 723
15111511 724
15121512 725
15131513 726
15141514 727
15151515 728 SB28 INTRODUCED
15161516 Page 27
15171517 or welfare.
15181518 (4) Conviction of a felony or misdemeanor involving
15191519 moral turpitude.
15201520 (5) Conviction of a felony or misdemeanor involving a
15211521 drug related offense of a legend drug or controlled substance.
15221522 (6) Obtaining the pharmacy technician registration by
15231523 fraudulent means.
15241524 (7) Violation of the laws regulating the sale or
15251525 dispensing of narcotics, exempt narcotics, or drugs bearing
15261526 the label "cautionCaution, federal law prohibits dispensing
15271527 without prescription," or similar wording which causes the
15281528 drugs to be classified as prescription legend drugs."
15291529 Section 2. Section 34-23-130 of the Code of Alabama
15301530 1975, is repealed.
15311531 Section 3. This act shall become effective on October
15321532 1, 2025.
15331533 729
15341534 730
15351535 731
15361536 732
15371537 733
15381538 734
15391539 735
15401540 736
15411541 737
15421542 738
15431543 739
15441544 740
15451545 741
15461546 742
15471547 743