SB28INTRODUCED
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SB28
ZU3SKRR-1
By Senator Beasley
RFD: Healthcare
First Read: 04-Feb-25
PFD: 18-Dec-24
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6 ZU3SKRR-1 12/17/2024 FC (L)ma 2024-2888
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PFD: 18-Dec-24
SYNOPSIS:
This bill would relate to the Alabama Board of
Pharmacy and further provide for the regulation of the
practice of pharmacy and the licensure of pharmacists.
This bill would delete the definition of an
extern and delete other references to an extern, which
would be covered by the term "intern."
This bill would delete a requirement for a
permit holder as a manufacturer, wholesaler, or other
similar pharmaceutical entities to have a full-time
licensed pharmacist on the premises.
This bill would provide that the penalty for a
manufacturer, wholesaler, or other similar
pharmaceutical entities shipping drugs, etc. without a
permit applies to each shipment as a separate offense.
This bill would delete requirements for an
affidavit on completion of the practical training
program for an intern.
This bill would specify that the Board of
Pharmacy is directed to adopt rules to administer and
enforce the provisions of the law relating to the
operation of pharmacies.
This bill would delete a provision relating to
notice of Board of Pharmacy meetings, which is
otherwise covered by general law relating to open
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otherwise covered by general law relating to open
meetings.
This bill would authorize the treasurer in
addition to the president of the board and the
secretary to authorize disbursement of board funds.
This bill would specify that a proposed rule
change of general applicability would be published as
determined by the board and would delete a requirement
for the electronic mailing of rule changes to each
pharmacist.
This bill would clarify that the board could
assess a penalty for each violation of the pharmacy law
and that each offense would be a separate violation.
This bill would provide that a "pharmacy
technician" registered with the board could perform
pharmacy functions and provide for a new position of
"pharmacy clerk" who would be registered with the board
and authorized to perform operational functions in a
pharmacy department under the supervision of a licensed
pharmacist as provided by rule. The terms pharmacy
technician and pharmacy function, pharmacy clerk and
operational function, and supervision would be defined
in Section 34-23-1, Code of Alabama 1975. The
registration provisions and fee for registration of a
pharmacy clerk would be the same as a pharmacy
technician.
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A BILL
TO BE ENTITLED
AN ACT
Relating to the Board of Pharmacy; to amend Sections
34-23-1, 34-23-32, 34-23-50, 34-23-51, 34-23-73, 34-23-91,
34-23-92, 34-23-131, and 34-23-132, Code of Alabama 1975, to
further provide for definitions and for the licensing and
regulation of the practice of pharmacy; to authorize a new
position in a pharmacy to be designated as a pharmacy clerk
authorized to perform operational functions in a pharmacy; to
revise the duties and powers of the board; and to repeal
Section 34-23-130, Code of Alabama 1975, providing certain
definitions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 34-23-1, 34-23-32, 34-23-50,
34-23-51, 34-23-73, 34-23-91, 34-23-92, 34-23-131, and
34-23-132, Code of Alabama 1975, are amended to read as
follows:
"§34-23-1
For the purpose of this chapter, the following words
and phrases shall have the following meanings:
(1) ASSOCIATION. The Alabama Pharmacy Association.
(2) BIOLOGICAL PRODUCT. Has the same meaning as the
term as defined in 42 U.S.C. § 262.
(3) BOARD or STATE BOARD. The Alabama State Board of
Pharmacy.
(4) CHEMICAL. Any substance of a medicinal nature,
whether simple or compound, obtained through the process of
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whether simple or compound, obtained through the process of
the science and art of chemistry, whether of organic or
inorganic origin.
(5) DISPENSE. To sell, distribute, administer, leave
with, give away, dispose of, deliver, or supply a drug or
medicine to the ultimate user or his or her agent.
(6) DRUGS. All medicinal substances, preparations, and
devices recognized by the United States Pharmacopoeia and
National Formulary, or any revision thereof, and all
substances and preparations intended for external and internal
use in the cure, diagnosis, mitigation, treatment, or
prevention of disease in man or animal and all substances and
preparations other than food intended to affect the structure
or any function of the body of man or animal.
(7) EXTERN. A candidate for licensure as a pharmacist
during the time prior to graduation from an accredited college
of pharmacy.
(8)(7) HOSPITAL. An institution for the care and
treatment of the sick and injured, licensed by the Alabama
State BoardDepartment of Public Health and authorized to be
entrusted with the custody of drugs and medicines, the
professional use of drugs and medicines being under the direct
supervision of a medical practitioner or pharmacist.
(9)(8) INTERCHANGEABLE BIOLOGICAL PRODUCT. A biological
product for which the federal Food and Drug Administration has
made either a determination of licensure based on standards
for interchangeability pursuant to 42 U.S.C. § 262(k)(4), or a
determination of therapeutic equivalence based on the latest
edition of or supplement to the federal Food and Drug
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edition of or supplement to the federal Food and Drug
Administration's publication Approved Drug Products with
Therapeutic Equivalence Evaluations (Orange Book).
(10)(9) INTERN. An individual who is currently licensed
by this state to engage in the practice of pharmacy while
under the personal supervision of a pharmacist and is
satisfactorily progressing toward meeting the requirements for
licensure as a pharmacist, a graduate of an approved college
of pharmacy who is currently licensed by the board for the
purpose of obtaining practical experience as a requirement for
licensure as a pharmacist, or a qualified applicant awaiting
examination for licensure.
(11)(10) LEGEND DRUG. Any drug, medicine, chemical, or
poison bearing on the label the words, "Caution, federal law
prohibits dispensing without prescription" or similar wording
indicating that such the drug, medicine, chemical, or poison
may be sold or dispensed only upon the prescription of a
licensed medical practitioner.
(12)(11) LICENSE. The grant of authority by the board
to a person authorizing him or her to engage in the practice
of pharmacy in this state.
(13)(12) MANUFACTURER. A person or entity, except a
pharmacy, who prepares, derives, produces, researches, tests,
labels, or packages any drug, medicine, chemical, or poison.
(14)(13) MEDICAL PRACTITIONER. Any physician, dentist,
or veterinarian, or any other person individual authorized by
law to treat, use, or prescribe medicine and drugs for sick
and injured human beings or animals in this state.
(15)(14) MEDICINE. Any drug or combination of drugs
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(15)(14) MEDICINE. Any drug or combination of drugs
that has the property of curing, diagnosing, preventing,
treating, or mitigating diseases or that which may be used for
those purposes.
(15) OPERATIONAL FUNCTION. A function performed in a
pharmacy department that does not require the professional
judgment of a licensed pharmacist and that requires
supervision by a licensed pharmacist. The term does not
include pharmacy functions required to be performed by a
pharmacy technician. The duties may include, but are not
limited to, completing transactions at a register, stocking
inventory, and other similar functions as determined by rule
of the board.
(16) OUTSOURCING FACILITY. A facility at one geographic
location or address that is engaged in the compounding of
sterile drugs, which has elected to register with the federal
Food and Drug Administration as an outsourcing facility and
complies with the requirements of Section 503B(d)(4)(A) of the
federal Food, Drug, and Cosmetic Act.
(17) PATENT OR PROPRIETARY MEDICINES. Completely
compounded nonprescription packaged drugs, medicines, and
nonbulk chemicals which that are sold, offered, promoted, or
advertised by the manufacturer or primary distributor under a
trademark, trade name, or other trade symbol, and the labeling
of which conforms to the requirements of the federal Food,
Drug, and Cosmetic Act ; provided, that this definition shall
The term does not include:
a. Drugs which that are only advertised and promoted
professionally to licensed physicians, dentists, or
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professionally to licensed physicians, dentists, or
veterinarians by manufacturers or primary distributors.
b. A narcotic or drug containing a narcotic.
c. A drug the label of which bears substantially either
the statements "Caution--federal law prohibits dispensing
without prescription" or "Warning--may be habit-forming".
d. A drug intended for injection.
(18) PERMIT. The grant of authority by the board to any
person, firm, or corporation authorizing the operation of a
pharmacy, wholesale drug distributor, repackager, bottler,
manufacturer, or packer of drugs, medicines, chemicals, or
poisons for medicinal purposes. Nonresident wholesale drug
distributors registered with the appropriate agency , in the
state in which they are domiciled , and operating in compliance
with Prescription Drug Marketing Act standards , shall be
allowed to do business in this state. No permit shall be
required of any physician licensed to practice medicine for
any act or conduct related to or connected with his or her
professional practice.
(19) PERSON. Any individual, partnership, corporation,
association, trust, or other entity.
(20) PHARMACIST. Any person individual licensed by the
board to practice the profession of pharmacy as a health care
provider in the State of Alabama and whose license is in good
standing.
(21) PHARMACY. A place licensed by the board in which
prescriptions, drugs, medicines, medical devices, chemicals,
and poisons are sold, offered for sale, compounded, or
dispensed, and shall include all places whose title may imply
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dispensed, and shall include all places whose title may imply
the sale, offering for sale, compounding, or dispensing of
prescriptions, drugs, medicines, chemicals, or poisons.
(22) PHARMACY CLERK. An individual, other than an
intern or pharmacy technician, who performs operational
functions under the supervision of a licensed pharmacist.
(23) PHARMACY FUNCTION. A function performed in a
pharmacy department that does not require the professional
judgment of a licensed pharmacist, that requires supervision
by a licensed pharmacist, and that is restricted by ratios as
determined by board rule.
(22)(24) PHARMACY SERVICES PERMIT. Certain services
performed by a pharmacy, as defined by board rule, and
specifically excluding the receipt or inventory of drugs,
medicines, chemicals, poisons, or medical devices.
a. This subdivision, and any rule adopted by the board
pursuant to this subdivision, may not be interpreted to expand
the practice of pharmacy, as the practice of pharmacy and
permits are limited by this section and Sections 34-23-11 and
34-23-70, or to restrict the practice of medicine or
osteopathy as defined in Section 34-24-50.
b. This subdivision, and any rule adopted by the board
pursuant to this subdivision, is subject to the restrictions
contained in subsection (b) of Section 34-23-30.
c. This subdivision shall not be interpreted to allow
the board to adopt any rule that would authorize a pharmacist
to sell, offer for sale, or dispense any prescription drug
except pursuant to the terms of a valid prescription issued by
a licensed practitioner authorized to prescribe such drug.
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a licensed practitioner authorized to prescribe such drug.
(25) PHARMACY TECHNICIAN. An individual, other than an
intern, who performs pharmacy functions under the supervision
of a licensed pharmacist.
(23)(26) POISON. Any substance other than agricultural
products and pesticides which when applied to, introduced
into, or developed within the body in relatively small
quantities by its inherent chemical action uniformly produces
serious bodily injury, disease, or death.
(24)(27) PRECEPTOR. A personAn individual who is duly
licensed to practice pharmacy in the state and meets the
requirements as established by the board.
(25)(28) PRESCRIPTION. Any order for drug or medical
supplies, written or signed or transmitted by word of mouth,
telephone, telegraph, closed circuit television, or other
means of communication by a legally competent practitioner,
licensed by law to prescribe and administer such drugs and
medical supplies intended to be filled, compounded, or
dispensed by a pharmacist.
(26)(29) PRIVATE LABEL DISTRIBUTOR. A firm that does
not participate in the manufacture or processing of a drug ,
but instead markets and distributes under its own trade name ,
and labels a drug product made by someone else. A private
label distributor is responsible for the products it
introduces into interstate commerce and for compliance with
federal Food, Drug, and Cosmetic Act requirements and Current
Good Manufacturing Practices regulations.
(27)(30) PROFESSIONAL DEGREE. A degree in pharmacy
requiring a minimum of five academic years.
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requiring a minimum of five academic years.
(28)(31) REPACKAGER. A person who purchases or acquires
from a manufacturer or distributor, a drug, medicine,
chemical, or poison for the purpose of bottling, labeling, or
otherwise repackaging for sale or distribution. This
definition shall not apply to a physician licensed to practice
medicine who as a part of his or her professional practice
dispenses, administers, sells, or otherwise distributes any
drug to a patient.
(29)(32) SALE. Barter, exchange, or gift, or offer of
barter, exchange, or gift, and shall include includes each
transaction made by any person, whether a principal,
proprietor, agent, servant, or employee.
(33) SUPERVISION. The direct on-site overseeing of the
performance of assigned or delegated duties or functions.
(30)(34) THIRD-PARTY LOGISTICS LOGISTIC PROVIDER. An
entity that provides or coordinates warehousing or other
logistics services of a product in interstate commerce on
behalf of a manufacturer, wholesale distributor, or dispenser
of a product, that does not take ownership of the product , nor
have responsibility to direct the sale or disposition of the
product.
(31)(35) WHOLESALE DRUG DISTRIBUTORS. A person, other
than a manufacturer, the co-licensed partner of a
manufacturer, a third-party logistics provider, or repackager,
engaged in the business of distributing drugs and medicines
for resale to pharmacies, hospitals, practitioners, government
agencies, or other lawful outlets permitted to sell drugs or
medicines. The sale, purchase, or trade of a drug by a retail
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medicines. The sale, purchase, or trade of a drug by a retail
pharmacy to another retail pharmacy or practitioner, for
relief of temporary shortages, is exempt from this definition.
Also exempt from this definition shall be all of the
following:
a. Intracompany sales.
b. Manufacturer and distributor sales representatives
who distribute drug samples.
c. Charitable organizations distributing to nonprofit
affiliates of that organization.
d. Certain purchases by hospitals or other health care
entities that are members of a group purchasing organization.
e. The distributors of blood and blood components."
"§34-23-32
(a) Commencing on August 1, 2017, every Any
manufacturer, bottler, packager, repackager, third
partythird-party logistic provider, wholesale drug
distributor, private label distributor, outsourcing facility,
or pharmacy business identified in the supply chain of drugs,
medicines, chemicals, or poisons for medicinal purposes shall
register annually with the board by application for a permit
on a form furnished by the board and accompanied by a fee to
be determined by the board as follows:
(1) The fee shall not be less than five hundred dollars
($500) nor more than two thousand dollars ($2,000) for a new
establishment.
(2) The fee shall not be less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000) for
a renewal permit.
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a renewal permit.
(3) The fee shall not be less than five hundred dollars
($500) nor more than two thousand dollars ($2,000) for a
permit due to transfer of ownership.
(b) A holder of a permit shall employ a full-time
licensed pharmacist whose principal duty shall be confined to
on-premise pharmaceutical operations. Wholesale drug
distributors who strictly limit their operation to
distribution of drugs, medicines, chemicals, or poisons for
medicinal purposes are exempt from the requirement to employ a
full-time licensed pharmacist.
(c)(b) The professional practice of any physician
licensed to practice medicine is exempt from the requirements
of this section.
(d)(c) All permits issued under this section shall
become due on October 31 and shall become null and void if not
paid by December 31. Each application for the renewal of the
permit shall be made annually on or before December 31. A
penalty of one hundred dollars ($100) for each overdue month
shall be assessed in addition to the permit fee for renewal of
delinquent permits.
(e)(d)(1) Commencing on January 1, 2024, each holder of
a permit issued under this section, with the exception of an
outsourcing facility, shall designate a current representative
of the permit holder and shall register the designated
representative with the board. The designated representative
shall possess the qualifications, requirements, and background
as set out by the board.
(2) The holder of the permit shall pay an initial
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(2) The holder of the permit shall pay an initial
registration fee to register the designated representative of
not less than one hundred dollars ($100), as set by rule of
the board. The registration of a designated representative
shall expire on December 31. The renewal of the registration
shall be due on October 31 of each year and shall be
delinquent after December 31. The annual fee for the renewal
of a designated representative shall not be less than one
hundred dollars ($100), as set by rule of the board. If the
renewal is not timely received by the board, the applicant for
renewal of the registration shall pay a penalty of not more
than fifty dollars ($50) for each month the renewal is late,
as set by rule of the board.
(f)(e) All holders of a permit, before shipping any
drug bearing the legend, " cautionCaution, federal law
prohibits dispensing without prescription" or similar wording
causing these drugs to be known as legend drugs to new
customers, shall assure themselves that the recipient is
either a duly licensed doctor of medicine, dentistry, or
veterinary medicine or holds a registered pharmacy permit from
the board by contacting the office of the board.
(g)(f) No manufacturer, manufacturer affiliate,
bottler, packager, repackager, third partythird-party logistic
provider, wholesale drug distributor, private label
distributor, outsourcing facility, or pharmacy business
identified in the supply chain of any legend drug or device
shall ship, or cause to be shipped, into the state any legend
drug or device without a valid permit issued by the board.
Each invalid shipment shall be a separate violation. The civil
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Each invalid shipment shall be a separate violation. The civil
penalty for a violation of this subsection shall be four
thousand dollars ($4,000) for each violation. The civil
penalties provided in this subdivision shall supersede the
penalties provided in Section 34-23-92.
(h)(g) The holder of a permit to ship any legend drug
or device into the state shall provide to the board a list of
all trading partners, upon request of the board.
(i)(h) No holder of a permit shall ship any legend drug
to any person or firm after receiving written notice from the
board that the person or firm no longer holds a registered
pharmacy permit. Any person violating this section shall be
guilty of a misdemeanor.
(j)(i) For each application for a permit found to be
satisfactory by the board, the secretary of the board shall
issue to the applicant a permit for the appropriate function,
which permit shall be displayed in a conspicuous place."
"§34-23-50
(a) It shall be unlawful for any person , firm, or
corporation to practice pharmacy in this state or to permit
prescriptions to be compounded or dispensed by a person other
than a person duly licensed by the board to practice pharmacy
in this state.
(b)(1) Notwithstanding subsection (a), the board may
issue a pharmacy intern /extern permit as further provided in
this subsection that authorizes a pharmacy intern or extern to
compound and dispense prescriptions while serving under the
immediate direct supervision of a licensed pharmacist on the
premises of a permitted pharmacy.
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premises of a permitted pharmacy.
(2) The following persons individuals may apply to the
board for a pharmacy intern /extern permit:
a. A personAn individual who holds a professional
degree in pharmacy from a school of pharmacy recognized by the
board who desires to serve as a pharmacy intern.
b. A personAn individual who is enrolled in a school of
pharmacy recognized by the board who desires to serve as a
pharmacy externintern while pursuing his or her education as a
pharmacist. In order to be considered enrolled in a school of
pharmacy and pursuing education as a pharmacist, the person
individual shall not be absent from the school of pharmacy for
more than two consecutive semesters or three consecutive
quarters, dependent upon the system in use in the school of
pharmacy.
(3) A personAn individual requesting a pharmacy
intern/extern permit shall submit an application to the board
in a form as determined by the board. The person individual
shall be required to be of good moral character and a citizen
of the United States or, if not a citizen, must be legally
present in the United States with appropriate documentation
from the federal government. Further, the person shall
individual must not have engaged in any conduct that would be
a violation of this chapter or board rule.
(4) The application shall be accompanied with by an
initial fee of not more than one hundred dollars ($100).
(5) The board shall require a background check on each
applicant as part of the initial application process. The cost
of the background check shall be paid by the applicant.
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of the background check shall be paid by the applicant.
(6) A pharmacy intern /extern permit shall expire on
December 31 of odd-numbered years. In order to continue to
work as an intern or extern, a renewal fee of not more than
one hundred dollars ($100), as determined by the board, shall
be received by the board by December 31 of the year of
expiration. If the renewal is not timely received by the
board, the applicant for renewal shall pay a penalty of not
more than fifty dollars ($50), as determined by the board, for
each month the renewal is late.
(7) For the purposes of this subsection, "immediate
direct supervision" means that at least one pharmacist is
personally present and available on the premises of the
pharmacy for consultation with the intern or extern at all
times.
(c) Notwithstanding Section 20-2-51 or any other law to
the contrary, each person licensed by the board to practice
pharmacy may distribute or dispense controlled substances
during the biennial period for which the person is licensed."
"§34-23-51
(a) Every person individual who desires to practice
pharmacy within this state shall file with the secretary of
the board his or her application for licensure as required by
the board not less than 10 days prior to his or her
examination. The application shall be accompanied by an
examination and registration fee for residents and
nonresidents of this state, the fees to be set by the board.
(b) The applicant shall furnish satisfactory proof that
he or she is at least 19 years of age, of good moral
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he or she is at least 19 years of age, of good moral
character, and that he or she holds a professional degree from
a division, school, college, or a university department of
pharmacy recognized by the board. Each applicant shall also be
a citizen of the United States or, if not a citizen of the
United States, a personan individual who is legally present in
the United States with appropriate documentation from the
federal government.
(c) The applicant shall have completed an approved
practical training program under the supervision of a licensed
pharmacist in a site recognized by the board as qualified for
training pharmacy externs and interns, the training standards
to be established by the board as long as the standards are
not less than those set by the National Association of Boards
of Pharmacy. The completion of the practical training
requirements shall be attested by affidavit from the licensed
pharmacist preceptor under whom the training is served.
(d)(1) The applicant shall pass an examination
administered by the National Association of Boards of Pharmacy
or other entity approved by the board in subjects consistent
with those required by the National Association of Boards of
Pharmacy and in accordance with the rules of the board. In
case of failure of a first examination, the applicant shall
have within three years the privilege of a second and third
examination. In case of failure in the third examination, the
applicant shall be eligible for only one additional
examination and this only after he or she has satisfactorily
completed additional preparation as directed and approved by
the board.
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the board.
(2) An applicant may be admitted to the examination
provided all of the requirements in subsections (a), (b), and
(c) are met, and in addition, that affidavits attesting to the
prescribed practical training program have been presented to
the secretary prior to the examination .
(3) An application for examination by the board may be
denied if the applicant is proven to have been involved in any
violation of this chapter. An applicant who has been expelled
from an examination for cribbing, cheating, or other dishonest
conduct shall not be permitted to complete the examination
applied for and shall not be permitted to file a new
application for examination during the balance of the same
calendar year or the calendar year next following the
expulsion.
(e)(1) The board may issue a license without
examination to an applicant who furnishes satisfactory proof
that he or she has been licensed to practice pharmacy by
examination in another state that under like conditions grants
reciprocal licensure without examination to pharmacists duly
licensed by examination in this state, that he or she is a
person an individual of good moral character and temperate
habits, and provided that the requirements in the state from
which the applicant is reciprocating were no less than the
requirements of the National Association of Boards of
Pharmacy. The application shall be accompanied by a fee set by
the board.
(2) Each applicant for licensure by reciprocity shall
be personally interviewed by two or more members of the board
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be personally interviewed by two or more members of the board
before being granted a license, and the applicant shall pass
an examination on the laws governing the practice of pharmacy
in this state. The applicant shall be approved for reciprocity
by the board prior to the time that he or she begins the
duties of a licensed pharmacist in this state. No applicant
shall be granted reciprocal licensure unless all evidence and
supporting documents of licensure in the state from which the
applicant is reciprocating are approved as meeting the
requirements for reciprocity of the National Association of
Boards of Pharmacy. The board shall set and collect a fee for
submitting and certifying grades for reciprocity in other
states."
"§34-23-73
Every pharmacist serving as a preceptor shall have
expressed a willingness to serve as a preceptor. Pharmacist
preceptors shall be approved by the board and shall be willing
to cooperate with the board in developing the necessary
training requirements and shall provide appropriate
documentation to the board. Each preceptor shall certify as to
the commencement and completion of the training period and may
make recommendations to the board concerning the competency of
his or her trainee. The preceptor shall report to the board
from time to time as requested on the progress of any intern
or extern under his or her supervision. It shall be his or her
responsibility in a supervisory capacity to see ensure that
each intern or extern receives proper training under the
objectives of the board for this practical training program."
"§34-23-91
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"§34-23-91
(a) The president of the board shall preside at all of
the board's meetings. The vice-presidentvice 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 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 members of the board shall be paid the same per
diem and travel allowance as is paid by law to state employees
while engaged in the performance of the duties of the board,
in addition to any daily compensation or allowance determined
by 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
transaction of business as may legally come before it. Public
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transaction of business as may legally come before it. Public
notice of all stated meetings shall be given at least 30 days
in advance of the meetings. 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 or treasurer and the
secretary of the board.
(e) 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, the
following powers and duties:
(1) To 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 standards and requirements for licenses and
permits except as otherwise specified in this chapter.
(3) To make rules and regulations regarding sanitation
consistent with state health regulations.
(4) To employ such chemists, agents, clerical help, and
attorneys necessary for the proper administration of the
duties of the board.
(5) To employ a Chief Drug Investigator and such other
drug investigators that it deems necessary to enforce this
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drug investigators that it deems necessary to enforce this
chapter which are under the supervision of the board.
(6) To 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
adopted 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 thereof published in a manner as determined
by the board. A printed copy of such rules and regulations
shall be mailed to any registered pharmacist upon written
request to the board.
(7) To investigate violations of this chapter or any
other law pertaining to the practice of pharmacy that may come
to the knowledge of the board and institute or cause to be
instituted before the board or in a proper court appropriate
proceedings in connection therewith.
(8) To 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
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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 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) To administer oaths in connection with the duties
of the board.
(10) To make a written report annually of its receipts
and disbursements to the Governor and to the State
Pharmaceutical Alabama Pharmacy Association, or its successor .
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) To 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 shall be construed to
deprive the State Board 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 adopted by the board and
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or any rule or regulation published adopted by the board and
conduct hearings to discipline, 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. For the purpose of this
subdivision, each offense shall be a separate violation.
(13) On application of any person and payment of the
cost therefor, 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 requestor, 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 the rule or regulation.
(14) To acquire by gift, grant, purchase, condemnation,
or otherwise, and to convey or hold title to, real property,
together with all rights incidental thereto."
"§34-23-131
(a) A pharmacy technician shall not perform pharmacy
functions or be present in the prescription department of a
pharmacy unless he or she the pharmacy technician 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
and is registered by the board.
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and is registered by the board.
(b) A pharmacy clerk shall not perform operational
functions or be present in the prescription department of a
pharmacy unless the pharmacy clerk is under the supervision of
a licensed pharmacist and is registered by the board.
(b)(c) When supervision is required, a licensed
pharmacist shall be jointly responsible and liable for the
actions of a pharmacy technician or pharmacy clerk .
(c)(d) A pharmacy technician or pharmacy clerk shall
register and pay a fee as determined by the board before
performing any pharmacy functions. The board shall adopt rules
relating to the registration of all pharmacy technicians and
pharmacy clerks. The registration of a pharmacy technician or
pharmacy clerk shall be renewable biennially in odd-numbered
years upon payment of the required renewal fee. The
registration of each pharmacy technician or pharmacy clerk
shall expire on December 31 of odd-numbered years. In order to
continue to be licensed, each registered pharmacy technician
or pharmacy clerk shall pay a biennial renewal fee of not less
than twenty dollars ($20), as determined by rule of the board,
the fee being due on October 31 and delinquent after December
31 of odd-numbered years. The payment of the renewal fee shall
entitle the pharmacy technician or pharmacy clerk to renewal
of his or her registration at the discretion of the board. If
any pharmacy technician or pharmacy clerk fails to pay the
renewal fee as required by this subsection, he or she may be
reinstated as a pharmacy technician or pharmacy clerk only
upon payment of a penalty of not less than ten dollars ($10)
nor more than twenty dollars ($20), as determined by rule of
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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.
(d)(e) In addition to any other registration
requirements, a pharmacy technician or pharmacy clerk 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 or pharmacy clerk who fails to complete the
required continuing education hours in the allotted time. A
pharmacy technician or pharmacy clerk who fails to complete
the annual continuing education requirements shall be subject
to disciplinary action by the board.
(f) The board shall adopt rules necessary to implement,
administer, and enforce this section. "
"§34-23-132
The board shall revoke review for discipline,
revocation, suspension, or suspend the registration of a
pharmacy technician or place on probation the registration of
a pharmacy technician or pharmacy clerk for any of, but not
limited to, the following reasons:
(1) Willful violation of any provision of this article
or the Alabama Uniform Controlled Substances Act.
(2) Willful violation of any rule or regulation
promulgatedadopted in accordance with this article or the
Alabama Uniform Controlled Substances Act.
(3) Action which threatens the public health, safety,
or welfare.
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or welfare.
(4) Conviction of a felony or misdemeanor involving
moral turpitude.
(5) Conviction of a felony or misdemeanor involving a
drug related offense of a legend drug or controlled substance.
(6) Obtaining the pharmacy technician registration by
fraudulent means.
(7) Violation of the laws regulating the sale or
dispensing of narcotics, exempt narcotics, or drugs bearing
the label "cautionCaution, federal law prohibits dispensing
without prescription," or similar wording which causes the
drugs to be classified as prescription legend drugs."
Section 2. Section 34-23-130 of the Code of Alabama
1975, is repealed.
Section 3. This act shall become effective on October
1, 2025.
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