reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6 - Mellorine. › Section 20-1-134 - Requirements as to Sale Generally.

Section 20-1-134
Requirements as to sale generally.
Mellorine shall be sold only in factory filled packages of pints, quarts, or half gallon capacity (liquid measure) and shall not be sold or served in novelties, cake cones, dishes, milk shakes, milk drinks, malt drinks, sodas, sundaes, or other similar items customarily served at soda fountains and eating establishments. The sale of mellorine in any manner other than as provided in this section is prohibited.
(Acts 1953, No. 91, p. 134, §4; Acts 1953, No. 475, p. 591, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6 - Mellorine. › Section 20-1-135 - Requirements as to Labeling Generally; When Package or Container Deemed Misbranded.

Section 20-1-135
Requirements as to labeling generally; when package or container deemed misbranded.
(a) The container shall be labeled "Mellorine - A Vegetable Oil Product." When mellorine is made with animal fat it shall be labeled "Mellorine - Containing Animal Fat." When mellorine is made with vegetable oil and animal fat it shall be labeled "Mellorine - Containing Vegetable Oil and Animal Fat." The lettering of the word "Mellorine" shall in every case appear in as large type size and as prominent as any other wording on the container except the brand name but in no event shall it be smaller than 30 point Gothic type. The number of U.S.P. units due to the addition of vitamin A must appear on the label. The use of the word "cream" or its phonetic equivalent, however spelled in connection with the labeling, advertising, branding, or sale of mellorine, is hereby prohibited. The container or package in which mellorine is sold or offered for sale shall be deemed to be misbranded if mellorine is sold or offered for sale in violation of Sections 20-1-20 and 20-1-25. Mellorine sold or offered for sale in violation of this section is hereby prohibited.
(Acts 1953, No. 91, p. 134, §5; Acts 1953, No. 475, p. 591, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6 - Mellorine. › Section 20-1-136 - False and Misleading Advertising.

Section 20-1-136
False and misleading advertising.
The false and misleading advertising of mellorine is prohibited. An advertisement of mellorine shall be deemed to be false and misleading if in such advertisement representations are made or suggested by statement, word, grade, designation, design, device, symbol, sound, or any combination thereof that such mellorine is a dairy product; except, that nothing contained in this section shall prevent a truthful, accurate, and full statement in any such advertisement of all the ingredients in such mellorine.
(Acts 1953, No. 91, p. 134, §6; Acts 1953, No. 475, p. 591, §6.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6 - Mellorine. › Section 20-1-137 - Adulteration and Misbranding of Mellorine, Imitations Thereof, etc.; Sale or Offer for Sale of Adulterated or Misbranded Mellorine.

Section 20-1-137
Adulteration and misbranding of mellorine, imitations thereof, etc.; sale or offer for sale of adulterated or misbranded mellorine.
Any food product containing any food fat as defined in subdivision (3) of Section 20-1-130, which is made in semblance or in imitation of mellorine as defined and standardized in Section 20-1-132 or any food which purports to be or is represented as mellorine as defined in this article but which does not conform to such definition and standard of identity shall be deemed to be adulterated and misbranded, notwithstanding the employment of any fanciful name or the use of the word "imitation" to designate the product; provided, that the natural occurrence of a food fat in any flavoring used in mellorine shall not be construed to be adulteration within the meaning of this section. If mellorine is adulterated as provided in the case of food under the provisions of Section 20-1-22, such adulteration is hereby prohibited.
The sale or offering for sale of adulterated or misbranded mellorine is hereby prohibited.
(Acts 1953, No. 91, p. 134, §7; Acts 1953, No. 475, p. 591, §7.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-140 - Definitions.

Section 20-1-140
Definitions.
For the purposes of this article, the following words shall have the following meanings unless the context clearly indicates otherwise.
(1) MILK, MILK PRODUCTS, AND FROZEN DESSERT PROCESSING PLANT. A plant or facility, place, premises, or establishment where milk, milk products, or frozen desserts are collected, handled, processed, stored, pasteurized, aseptically processed, bottled, or prepared for distribution. The term includes single-service container manufacturing plants. This term excludes manufacturers who produce cheese exclusively.
(2) PERSON. A natural person, firm, partnership, or corporate entity.
(3) SINGLE-SERVICE CONTAINER MANUFACTURING PLANT. An establishment for the fabrication, production, handling, and storage of single-service containers and closures intended to be used for Grade "A" milk or milk products.
(Acts 1993, No. 93-718, p. 1403, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-141 - Permit Required for Operation of Milk, Milk Products, or Frozen Dessert Processing Plant.

Section 20-1-141
Permit required for operation of milk, milk products, or frozen dessert processing plant.
Every person who produces milk, milk products, or frozen desserts for sale or consignment or for remuneration of any nature, in a milk, milk products, or frozen dessert processing plant shall annually obtain a permit from the State Board of Health prior to selling or offering for sale, consigning or offering for consignment, or offering for a remuneration, the milk, milk products, or frozen dessert in the State of Alabama. This requirement applies to a person who operates a milk, milk products, or frozen dessert processing plant within or without the state.
(1) Application shall be made to the State Board of Health each year for a permit on the forms requiring information to be submitted and at the times required by the board.
(2) Each application shall be accompanied by an application fee of $250 for each plant for which a permit is requested and the fee shall be non-refundable and shall not be prorated.
(3) In applying for a permit, the owner or operator of each plant consents to reasonable inspection of the plant by the board at the times designated by the board to determine compliance with rules for permit issuance or to determine continued compliance after issuance.
(Acts 1993, No. 93-718, p. 1403, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-142 - Inspection of Plants; Issuance of Permit.

Section 20-1-142
Inspection of plants; issuance of permit.
The State Board of Health shall receive and review each completed application for a permit and shall annually or more often, if required, inspect each plant whether in-state or out-of-state. The board shall issue a permit for each plant requested if the application is complete, the fee is tendered, and the plant is in compliance with reasonable rules of the board.
(1) Permits shall be state-wide in application.
(2) Permits shall be non-transferable. Whenever there is a change of ownership of a plant, a new permit is required.
(Acts 1993, No. 93-718, p. 1403, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-143 - Denial of Permit Renewal and Suspension or Revocation of Permit; Appeals.

Section 20-1-143
Denial of permit renewal and suspension or revocation of permit; appeals.
The State Board of Health may deny issuance of renewal of, or it may suspend or revoke a permit issued for flagrant, serious, or continued violations of rules or public health laws. Administrative appeals shall be made in a timely manner to the State Board of Health in accordance with rules of the board.
(1) Appeals from final rulings shall be made on the administrative record to the circuit court of the county in which the plant is located, if within the State of Alabama, or to the Circuit Court of Montgomery County.
(2) When, in the judgment of the State Health Officer, the operation of a permitted plant poses an immediate and serious danger, threat, or menace to the public health, the State Health Officer shall summarily suspend the permit issued hereunder and order the plant closed prior to an administrative hearing. Administrative hearings on the summary suspensions shall be held as soon as practicable unless waived by the permittee and shall be appealable as provided in subdivision (1).
(3) When the State Health Officer has summarily suspended a permit, the State Health Officer shall order the summary destruction of contaminated milk, milk products, or frozen desserts, and in so ordering incurs no liability for the costs of the milk, milk products, or frozen desserts or for costs of the destruction thereof on his or her own behalf or on the behalf of the State of Alabama or an agency or officer, agent, servant, or employee thereof.
(Acts 1993, No. 93-718, p. 1403, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-144 - Violation of Article; Enforcement.

Section 20-1-144
Violation of article; enforcement.
(a) A person who produces milk, milk products, or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service container or closure without first obtaining the required permit or violates a rule or order issued pursuant to this article shall be guilty of a Class A misdemeanor.
(b) The State Board of Health shall institute a civil action in any circuit court in the State of Alabama to enforce the provisions of this article. Any person who operates without a valid permit may be enjoined from the operation by the circuit court without prior resort to criminal remedies.
(Acts 1993, No. 93-718, p. 1403, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-145 - Collected Fees and Penalties Appropriated to Board.

Section 20-1-145
Collected fees and penalties appropriated to board.
All fees, fines, penalties, or funds of whatsoever nature collected by the State Board of Health under this article are continuously appropriated to the State Board of Health for the enforcement of this article.
(Acts 1993, No. 93-718, p. 1403, §6.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 6A - Milk, Milk Products, and Frozen Desserts. › Section 20-1-146 - Rules and Orders for Implementation of Article Provisions.

Section 20-1-146
Rules and orders for implementation of article provisions.
The State Board of Health shall adopt rules and orders as are necessary for implementing the provisions of this article. Where possible, the rules shall be in conformity with rules, regulations, ordinances, or standards of agencies of the government of the United States. All rules and orders shall have the force and effect of law and shall be enforced by all officers and be complied with by all persons.
(Acts 1993, No. 93-718, p. 1403, §7.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 7 - Identification of Drug Products. › Section 20-1-150 - Marking or Imprinting of Drug Products in Finished Solid Oral Dosage Forms Required.

Section 20-1-150
Marking or imprinting of drug products in finished solid oral dosage forms required.
No drug product in finished solid oral dosage form for which a prescription is required by federal law may be manufactured or commercially distributed within this state unless it has clearly and prominently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, national drug code, or any combination thereof, identifying the drug product and the manufacturer or distributor of the drug product.
(Acts 1981, No. 81-389, p. 595, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 7 - Identification of Drug Products. › Section 20-1-151 - Descriptive Material to Be Furnished Upon Request.

Section 20-1-151
Descriptive material to be furnished upon request.
Manufacturers or distributors shall make available on request to the State Board of Health descriptive material which will identify each current imprint used by the manufacturer or distributor.
(Acts 1981, No. 81-389, p. 595, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 7 - Identification of Drug Products. › Section 20-1-152 - Department of Health to Promulgate Rules.

Section 20-1-152
Department of Health to promulgate rules.
The Department of Health shall promulgate rules for implementing the provisions of this article.
(Acts 1981, No. 81-389, p. 595, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 7 - Identification of Drug Products. › Section 20-1-153 - Exemptions From Imprinting Requirement.

Section 20-1-153
Exemptions from imprinting requirement.
The State Board of Health may exempt drug products from the requirements of Section 20-1-150 on the grounds that imprinting is not feasible because of size, texture, or other unique characteristics.
(Acts 1981, No. 81-389, p. 595, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 1 - Standards, Labeling and Adulteration. › Article 7 - Identification of Drug Products. › Section 20-1-154 - Exemptions for Drugs Compounded by a Pharmacist.

Section 20-1-154
Exemptions for drugs compounded by a pharmacist.
The provisions of this article shall not apply to drug products compounded by a pharmacist licensed under Alabama law, in a pharmacy operating under a permit issued by the Alabama Board of Pharmacy.
(Acts 1981, No. 81-389, p. 595, §5.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 1 - General Provisions. › Section 20-2-1 - Short Title.

Section 20-2-1
Short title.
This chapter may be cited as the Alabama Uniform Controlled Substances Act.
(Acts 1971, No. 1407, p. 2378, §511.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 1 - General Provisions. › Section 20-2-3 - Immunity of Persons Reporting Suspected Use, etc., of Controlled Substance by Minor Child.

Section 20-2-3
Immunity of persons reporting suspected use, etc., of controlled substance by minor child.
All persons employed in any capacity in the public, private, and church elementary and secondary schools shall be immune from civil liability for communicating information to the parents of a minor child, law enforcement officers, or health care providers concerning the suspected use, possession, sale, distribution of any controlled substance as defined in Chapter 2 of Title 20, by any minor child as defined by law. Notwithstanding the foregoing, this immunity shall not apply if said person communicated such information maliciously and with knowledge that it was false.
(Acts 1985, No. 85-239, p. 138.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-20 - Administration of Chapter.

Section 20-2-20
Administration of chapter.
(a) The State Board of Health, unless otherwise specified, shall administer this chapter and may add substances to or delete or reschedule all substances enumerated in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, or 20-2-31 pursuant to the procedures of the State Board of Health. In making a determination regarding a substance, the State Board of Health shall consider all of the following:
(1) The actual or relative potential for abuse.
(2) The scientific evidence of its pharmacological effect, if known.
(3) The state of current scientific knowledge regarding the substance.
(4) The history and current pattern of abuse.
(5) The scope, duration, and significance of abuse.
(6) The risk to the public health.
(7) The potential of the substance to produce psychic or physiological dependence liability.
(8) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(b) After considering the factors enumerated in subsection (a), the State Board of Health shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.
(c) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the State Board of Health, the State Board of Health shall similarly control the substance under this chapter after the expiration of 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 30-day period, the State Board of Health objects to inclusion, rescheduling, or deletion. In that case, the State Board of Health shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the State Board of Health shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the State Board of Health, control under this chapter is stayed until the State Board of Health publishes its decision.
(d) Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.
(e) The State Board of Health shall exclude any nonnarcotic substance from a schedule if such substance, under the federal Food, Drug and Cosmetic Act, the federal Comprehensive Drug Abuse Prevention and Control Act of 1970, and the law of this state may be lawfully sold over the counter without a prescription.
(Acts 1971, No. 1407, p. 2378, §201; Act 2001-971, 3rd Sp. Sess., p. 873, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-21 - Nomenclature of Controlled Substances in Schedules.

Section 20-2-21
Nomenclature of controlled substances in schedules.
The controlled substances listed or to be listed in the schedules in Sections 20-2-23, 20-2-25, 20-2-27, 20-2-29, and 20-2-31 are included by whatever official, common, usual, chemical, or trade name designated.
(Acts 1971, No. 1407, p. 2378, §202.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-22 - Schedule I - Standards for Compilation.

Section 20-2-22
Schedule I - Standards for compilation.
The State Board of Health shall place a substance in Schedule I if it finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
(Acts 1971, No. 1407, p. 2378, §203.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-24 - Schedule Ii - Standards for Compilation.

Section 20-2-24
Schedule II - Standards for compilation.
The State Board of Health shall place a substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
(Acts 1971, No. 1407, p. 2378, §205.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-25 - Schedule Ii - Listing of Controlled Substances.

Section 20-2-25
Schedule II - Listing of controlled substances.
The controlled substances listed in this section are included in Schedule II:
(1) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by combination of extraction and chemical synthesis:
a. Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate.
b. Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph a, but not including the isoquinoline alkaloids of opium.
c. Opium poppy and poppy straw.
d. Coca leaves and any salt, compound, derivative, or preparation of coca leaves and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.
e. Phenibut and any salt, sulfate, free acid, or other preparation of phenibut, and any salt, sulfate, free acid, compound, derivative, precursor, or preparation thereof that is chemically equivalent or identical with phenibut.
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
a. Alphaprodine;
b. Anileridine;
c. Bezitramide;
d. Dihydrocodeine;
e. Diphenoxylate;
f. Fentanyl;
g. Isomethadone;
h. Levomethorphan;
i. Levorphanol;
j. Metazocine;
k. Methadone;
l. Methadone - Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
m. Moramide - Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
n. Pethidine;
o. Pethidine - Intermediate-A, 4-cyano-l-methyl-4-phenylpiperidine;
p. Pethidine - Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
q. Pethidine - Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
r. Phenazocine;
s. Piminodine;
t. Racemethorphan;
u. Racemorphan.
(Acts 1971, No. 1407, p. 2378, §206; Act 2021-325, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-26 - Schedule Iii - Standards for Compilation.

Section 20-2-26
Schedule III - Standards for compilation.
The State Board of Health shall place a substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the substances listed in schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(Acts 1971, No. 1407, p. 2378, §207.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-28 - Schedule Iv - Standards for Compilation.

Section 20-2-28
Schedule IV - Standards for compilation.
The State Board of Health shall place a substance in Schedule IV if it finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
(Acts 1971, No. 1407, p. 2378, §209.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-29 - Schedule Iv - Listing of Controlled Substances.

Section 20-2-29
Schedule IV - Listing of controlled substances.
(a) The controlled substances listed in this section are included in Schedule IV:
(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
a. Barbital;
b. Chloral betaine;
c. Chloral hydrate;
d. Ethchlorvynol;
e. Ethinamate;
f. Methohexital;
g. Meprobamate;
h. Methylphenobarbital;
i. Paraldehyde;
j. Petrichloral;
k. Phenobarbital.
(b) The State Board of Health may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (a) from the application of all or any part of this chapter if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
(Acts 1971, No. 1407, p. 2378, §210.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-30 - Schedule v - Standards for Compilation.

Section 20-2-30
Schedule V - Standards for compilation.
The State Board of Health shall place a substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
(Acts 1971, No. 1407, p. 2378, §211.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-31 - Schedule v - Listing of Controlled Substances.

Section 20-2-31
Schedule V - Listing of controlled substances.
The controlled substances listed in this section are included in Schedule V:
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
a. Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;
b. Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;
c. Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;
d. Not more than 2.5 milligrams of diphenozylate and not less than 25 micrograms of atropine sulfate per dosage unit;
e. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(Acts 1971, No. 1407, p. 2378, §212.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 2 - Standards and Schedules. › Section 20-2-32 - Revision and Republication of Schedules.

Section 20-2-32
Revision and republication of schedules.
The State Board of Health shall revise and republish the schedules annually.
(Acts 1971, No. 1407, p. 2378, §213.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-50 - Certifying Boards to Promulgate Rules and Charge Reasonable Fees for Registration and Administration of Provisions Relating to Manufacture, etc., of Controlled Substances; Disposition of Fees Collected.

Section 20-2-50
Certifying boards to promulgate rules and charge reasonable fees for registration and administration of provisions relating to manufacture, etc., of controlled substances; disposition of fees collected.
(a) The certifying boards shall promulgate rules and charge reasonable fees to defray expenses incurred in registration and administration of the provisions of this article in regard to the manufacture, dispensing, or distribution of controlled substances within the state.
(b) The fees collected to defray expenses shall be retained by the certifying boards.
(Acts 1971, No. 1407, p. 2378, §301; Acts 1976, No. 699, p. 965, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-51 - Registration of Persons Manufacturing, Distributing, or Dispensing Controlled Substances - General Requirements.

Section 20-2-51
Registration of persons manufacturing, distributing, or dispensing controlled substances - General requirements.
(a) Every person who manufactures, distributes, or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within this state must obtain annually a registration issued by the certifying boards in accordance with its rules.
(b) Persons registered by the certifying boards under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
(c) The following persons need not register and may lawfully possess controlled substances under this article:
(1) An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his business or employment;
(2) A common or contract carrier or warehouseman or an employee thereof whose possession of any controlled substance is in the usual course of business or employment;
(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d) The certifying boards may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if they find it consistent with the public health and safety.
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f) The certifying boards may inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by them.
(Acts 1971, No. 1407, p. 2378, §302.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-52 - Registration of Persons Manufacturing, Distributing or Dispensing Controlled Substances - Standards; Requirements as to Practitioners Conducting Research; Effect of Federal Registration.

Section 20-2-52
Registration of persons manufacturing, distributing or dispensing controlled substances - Standards; requirements as to practitioners conducting research; effect of federal registration.
(a) The certifying boards shall register only an applicant certified by their respective boards to manufacture, dispense, or distribute controlled substances enumerated in Schedules I, II, III, IV and V; provided, that the State Board of Pharmacy shall register all manufacturers and wholesalers unless they determine that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the above-mentioned boards shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material in any application filed under this article;
(6) Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The State Board of Health need not require separate registration under this article for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the State Board of Health evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.
(Acts 1971, No. 1407, p. 2378, §303; Acts 1976, No. 699, p. 965, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-54.1 - Rules and Regulations.

Section 20-2-54.1
Rules and regulations.
The certifying boards under the Alabama Uniform Controlled Substances Act, the State Board of Medical Examiners, and the Medical Licensure Commission are each authorized to promulgate such rules and regulations as may be required to implement the provisions of this chapter.
(Acts 1983, 4th Ex. Sess., No. 83-890, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-55 - Registration of Persons Manufacturing, Distributing or Dispensing Controlled Substances - Revocation or Suspension of Registration - Suspension Without Prior Order to Show Cause.

Section 20-2-55
Registration of persons manufacturing, distributing or dispensing controlled substances - Revocation or suspension of registration - Suspension without prior order to show cause.
The certifying boards may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under Section 20-2-54 or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the certifying boards or dissolved by a court of competent jurisdiction.
(Acts 1971, No. 1407, p. 2378, §305.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-56 - Maintenance of Records and Inventories by Registrants Generally.

Section 20-2-56
Maintenance of records and inventories by registrants generally.
Persons registered to manufacture, distribute, or dispense controlled substances under this article shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and with any additional rules issued by the State Board of Medical Examiners, the State Board of Health, or the State Board of Pharmacy.
(Acts 1971, No. 1407, p. 2378, §306; Acts 1976, No. 699, p. 965, §4.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3 - Regulation of Manufacture and Distribution. › Section 20-2-57 - Distribution of Certain Controlled Substances by One Registrant to Another Registrant.

Section 20-2-57
Distribution of certain controlled substances by one registrant to another registrant.
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
(Acts 1971, No. 1407, p. 2378, §307.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-60 - Definitions.

Section 20-2-60
Definitions.
As used in this article the following words shall have the following meanings:
(1) ADMINISTER. The direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient by any of the following:
a. A supervising physician, or, in his or her presence, his or her authorized agent.
b. An assistant to physician.
c. The patient at the direction and in the presence of the supervising physician or assistant to physician.
(2) ASSISTANT TO PHYSICIAN. Any person who is a graduate of an approved program, is licensed by the board, and is registered by the board to perform medical services under the supervision of a physician approved by the board to supervise an assistant to physician.
(3) BOARD. The Board of Medical Examiners of the State of Alabama.
(4) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to physician and a supervising physician under whom the assistant to physician is authorized to practice as evidenced by a written job description approved in accordance with Article 7, Chapter 24, Title 34. Physician supervision requires that there shall be at all times a direct continuing and close supervisory relationship between the assistant to physician and the supervising physician to whom that assistant is registered. The term supervision does not require direct on-site supervision of the assistant to physician; however, it does require the professional oversight and direction as may be required by the regulations and guidelines of the board.
(5) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.
(6) PRESCRIPTION. Any order for a controlled substance written or signed or transmitted by word of mouth, telephone, telegraph, closed circuit television, or other means of communication by a legally competent supervising physician or assistant to physician authorized by law to prescribe and administer such drug which is intended to be filled, compounded, or dispensed by a pharmacist.
(7) SUPERVISING PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine in Alabama who has been approved by the board to supervise assistants to physicians and who holds a valid, current, and unrestricted Alabama Controlled Substances Registration Certificate.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-61 - Certification; Access to Records; Establishment of Protocols, Formularies, or Medical Regimens.

Section 20-2-61
Certification; access to records; establishment of protocols, formularies, or medical regimens.
(a) The board is designated as the certifying board for the registration and approval of an assistant to physician in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate. The board is authorized to adopt regulations concerning the application procedures, fees, fines, punishments, and conduct of any disciplinary hearings for such applicants. The board shall establish a unique Qualified Alabama Controlled Substances Registration Certificate number that identifies the particular applicant as an assistant to physician with a valid Qualified Alabama Controlled Substances Registration Certificate.
(b) The board, and its agents, attorneys, or investigators shall be permitted access to the records of any assistant to physician, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC or the possible violations of any provisions of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.
(c) The board may establish protocols, formularies, or medical regimens which relate to, govern, or regulate a QACSC, and any such protocol, formulary, or medical regimen shall not be considered a rule or regulation under the Alabama Administrative Procedure Act.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-62 - Qualifications for Certificate.

Section 20-2-62
Qualifications for certificate.
The board may grant a Qualified Alabama Controlled Substances Registration Certificate to an assistant to physician who:
(1) Is practicing with appropriate physician supervision as defined herein and in accordance with this article; Title 34, Chapter 24, Article 7, and all rules and regulations pertaining to physician supervision between qualified physicians and qualified assistants to physicians.
(2) Submits proof of successful completion of a course or courses approved by the board which includes advanced pharmacology and prescribing trends relating to controlled substances.
(3) Provides accurate and complete documentation of a minimum of 12 months of active, clinical employment with physician supervision following National Commission on Certification of Physician Assistants (NCCPA) certification.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-63 - Prescriptive Authority of a Certified Assistant to Physician.

Section 20-2-63
Prescriptive authority of a certified assistant to physician.
(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate and a valid registration number issued by the United States Drug Enforcement Administration, an assistant to physician may prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedules III, IV, and V of Article 2 of Chapter 2 of this title in accordance with rules adopted by the board and any protocols, formularies, and medical regimens established by the board for regulation of a QACSC.
(b) An assistant to physician shall not utilize his or her QACSC for the purchasing, obtaining, maintaining, or ordering of any stock supply or inventory of any controlled substance in any form.
(c) An assistant to physician authorized to prescribe, administer, or dispense controlled substances in accordance with this article shall not prescribe, administer, or dispense any controlled substance to his or her own self, spouse, child, or parent.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-64 - Denial of Application.

Section 20-2-64
Denial of application.
The board may deny an application of an assistant to physician requesting a Qualified Alabama Controlled Substances Registration Certificate, deny a request for a renewal of a QACSC, or initiate disciplinary action against an assistant to physician possessing a Qualified Alabama Controlled Substances Registration Certificate based on the following grounds:
(1) Fraud or deceit in applying for, procuring, or attempting to procure a Qualified Alabama Controlled Substances Registration Certificate in the State of Alabama.
(2) Conviction of a crime under any state or federal law relating to any controlled substance.
(3) Conviction of a crime or offense which affects the ability of the assistant to physician to practice with due regard for the health or safety of his or her patients.
(4) Prescribing a drug or utilizing a Qualified Alabama Controlled Substances Registration Certificate in such a manner as to endanger the health of any person or patient of the assistant to physician or supervising physician.
(5) Suspension or revocation of the registration number issued to the assistant to physician by the United States Drug Enforcement Administration.
(6) Excessive dispensing or prescribing of any drug to any person or patient of the assistant to physician or supervising physician.
(7) Unfitness or incompetence due to the use of or dependence on alcohol, chemicals, or any mood altering drug to such an extent as to render the assistant to physician unsafe or unreliable to prescribe drugs or to hold a Qualified Alabama Controlled Substances Registration Certificate.
(8) Any violation of a requirement set forth in this article or a rule adopted pursuant to this article.
(Act 2009-489, p. 891, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 3A - Assistants to Physcians Authority to Prescribe Controlled Substances. › Section 20-2-65 - Disciplinary Action - Hearing; Restriction, Suspension, or Revocation of Certificate.

Section 20-2-65
Disciplinary action - Hearing; restriction, suspension, or revocation of certificate.
(a) Any hearing for disciplinary action against an assistant to physician holding a valid Qualified Alabama Controlled Substances Registration Certificate for violations of this article shall be before the board.
(b) The board shall have the authority to restrict, suspend, or revoke a Qualified Alabama Controlled Substances Registration Certificate, or to assess an administrative fine against a Qualified Alabama Controlled Substances Registration Certificate whenever an assistant to physician shall be found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-64. The board shall also have the authority to reinstate or to deny reinstatement of a Qualified Alabama Controlled Substances Registration Certificate.
(c) The board may limit revocation or suspension of a Qualified Alabama Controlled Substances Registration Certificate to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(d) The board shall promptly notify the Drug Enforcement Administration of the United States Department of Justice of all orders suspending or revoking a Qualified Alabama Controlled Substances Registration Certificate.
(e) Any hearing conducted before the board shall be considered a contested case under the Alabama Administrative Procedure Act, Section 41-22-1, and shall be conducted in accordance with the requirements of that act.
(Act 2009-489, p. 891, §1.)