Current through Register Vol. 42, No. 5, February 29, 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.
