Current through Register Vol. 42, No. 11, August 30, 2024
(1) The
Board of Medical Examiners or Board of Pharmacy may deny approval of any
Agreement based on any of the grounds specified in this Chapter.
(2) Before denying an Agreement on any of the
grounds specified in this Chapter, the Board of Medical Examiners and/or Board
of Pharmacy shall conduct a hearing in accordance with Chapter 6 of the Rules
of the Board of Medical Examiners, or pursuant to any applicable provisions of
the Alabama Pharmacy Practice Act, respectively, and the Alabama Administrative
Procedure Act.
(3) The following
acts shall constitute grounds for the denial of approval of an Agreement:
(a) Failure of a Collaborating Physician or a
Collaborating Pharmacist to submit an application or Agreement that complies
with the terms and requirements of this Chapter;
(b) A finding by the Board of Medical
Examiners or Board of Pharmacy that a Collaborating Physician or Collaborating
Pharmacist has submitted or caused to be submitted false, misleading, or
untruthful information in connection with an application or
Agreement;
(c) A finding by the
Board of Medical Examiners that a Collaborating or Covering Physician has
committed any of the acts or offenses constituting grounds to discipline the
license to practice medicine in this state pursuant to Ala. Code §
34-24-360, or any of the acts or
offenses constituting grounds to discipline the controlled substances
registration of a physician under Ala. Code §
20-2-54, or that the Collaborating
or Covering Physician is unable to practice Collaborative Drug Therapy
Management with reasonable skill or safety to patients;
(d) A finding by the Board of Pharmacy that a
Collaborating or Covering Pharmacist has committed any of the acts or offenses
constituting grounds to discipline the license to practice pharmacy in this
state pursuant to Ala. Code §
34-23-33, or any of the acts or
offenses constituting grounds to discipline the controlled substances
registration of the pharmacist under Ala. Code §
20-2-54, or that the Collaborating
or Covering pharmacist is unable to practice Collaborative Drug Therapy
Management with reasonable skill or safety to patients;
(e) A finding by the Board of Pharmacy that a
Collaborating or Covering Pharmacist has violated the Alabama Pharmacy Practice
Act, the laws that regulate the sale and/or dispensing of prescription or
legend drugs and/or narcotics or any rules and regulations of the Board of
Pharmacy or the pharmacy law or rules of the Board of Pharmacy of another state
or any other applicable laws;
(f) A
finding by the Board of Medical Examiners and/or the Board of Pharmacy that a
party to the Agreement is under any state or federal restriction, probation,
discipline, or indictment related to the provision of medical services, the
practice of medicine or pharmacy, or fraud;
(g) Failure on the part of a Collaborating or
Covering Physician to maintain an active, unrestricted license to practice
medicine, an active, unrestricted Drug Enforcement Administration (DEA)
registration, or an active, unrestricted Alabama Controlled Substances
Certificate; or
(h) Failure on the
part of a Collaborating or Covering Pharmacist to maintain an active,
unrestricted license to practice pharmacy, an active, unrestricted Alabama
Controlled Substances Certificate, or, where applicable, an active,
unrestricted Drug Enforcement Administration (DEA) registration issued to the
pharmacy which is the location for the services to be provided pursuant to the
Agreement.
