reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-216 - Unauthorized Disclosure of Information; Unauthorized Access, Alteration, or Destruction of Information.

Section 20-2-216
Unauthorized disclosure of information; unauthorized access, alteration, or destruction of information.
Any person who intentionally makes an unauthorized disclosure of information contained in the controlled substances prescription database shall be guilty of a Class A misdemeanor. Any person or entity who intentionally obtains unauthorized access to or who alters or destroys information contained in the controlled substances prescription database shall be guilty of a Class C felony.
(Act 2004-443, p. 781, §7.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-217 - Surcharge on Controlled Substance Registration Certificate.

Section 20-2-217
Surcharge on controlled substance registration certificate.
There is hereby assessed a surcharge in the amount of ten dollars ($10) per year on the controlled substance registration certificate of each licensed medical, dental, podiatric, optometric, and veterinary medicine practitioner authorized to prescribe or dispense controlled substances and on the Qualified Alabama Controlled Substances Registration Certificate (QACSC) of each licensed assistant to physician, certified registered nurse practitioner, or certified nurse midwife. This surcharge shall be effective for every practitioner certificate and every Qualified Alabama Controlled Substances Registration Certificate (QACSC) issued or renewed, shall be in addition to any other fees collected by the certifying boards, and shall be collected by each of the certifying boards and remitted to the department at such times and in such manner as designated in the regulations of the department. The proceeds of the surcharge assessed herein shall be used exclusively for the development, implementation, operation, and maintenance of the controlled substances prescription database.
(Act 2004-443, p. 781, §8; Act 2009-489, p. 891, §2; Act 2010-539, p. 928, §1; Act 2010-581, p. 1297, §1; Act 2013-223, p. 531, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-218 - Reimbursement of Certain Costs Incurred in Compliance With Article.

Section 20-2-218
Reimbursement of certain costs incurred in compliance with article.
The department is authorized to grant funds to participating pharmacies for the purpose of reimbursing reasonable costs for dedicated equipment and software incurred by pharmacies in complying with the reporting requirements of this article. Such grants shall be funded by gifts, grants, donations, or other funds appropriated for the operation of the controlled substances prescription database. The department is authorized to determine standards and specifications for any equipment and software purchased by the authority of this section.
(Act 2004-443, p. 781, §9.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-219 - Database Funding.

Section 20-2-219
Database funding.
The department may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines necessary to carry out the purpose of the program. Notwithstanding amounts contained in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in future years.
(Act 2004-443, p. 781, §10; Act 2013-256, p. 666, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 10 - Controlled Substances Prescription Database. › Section 20-2-220 - Liability for Reporting.

Section 20-2-220
Liability for reporting.
Any person or entity required to report information concerning controlled substance prescriptions to the department, or to its designated agent, pursuant to the requirements of this article shall not be liable to any person for any claim of damages as a result of the act of reporting the information and no lawsuit may be predicated thereon.
(Act 2004-443, p. 781, §11.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-250 - Definitions.

Section 20-2-250
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 collaborating physician or, in his or her presence, his or her authorized agent.
b. A certified registered nurse practitioner or certified nurse midwife.
c. The patient at the direction and in the presence of the collaborating physician, certified registered nurse practitioner, or certified nurse midwife.
(2) BOARD. The Board of Medical Examiners of the State of Alabama.
(3) CERTIFIED NURSE MIDWIFE or CNM. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills relative to the management of women's health care focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women, within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.
(4) CERTIFIED REGISTERED NURSE PRACTITIONER or CRNP. An advanced practice nurse who is subject to a collaborative practice agreement with a collaborating physician pursuant to Title 34, Chapter 21, Article 5, and who has advanced knowledge and skills in the delivery of nursing services within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the patient.
(5) COLLABORATING PHYSICIAN. A doctor of medicine or doctor of osteopathy licensed to practice medicine in Alabama who agrees in writing to practice in collaboration with one or more certified registered nurse practitioners or certified nurse midwives in accordance with Title 34, Chapter 21, Article 5, and the rules and regulations adopted by the Board of Medical Examiners and the Board of Nursing.
(6) PRESCRIBE or PRESCRIBING. The act of issuing a prescription for a controlled substance.
(7) 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 collaborating physician, certified registered nurse practitioner, or certified nurse midwife authorized by law to prescribe and administer the drug which is intended to be filled, compounded, or dispensed by a pharmacist.
(8) QACSC. A Qualified Alabama Controlled Substances Registration Certificate.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-251 - Certifying Board; Advisory Committee; Access to Records; Protocols, Formularies, Medical Regimens.

Section 20-2-251
Certifying board; advisory committee; access to records; protocols, formularies, medical regimens.
(a) The Board of Medical Examiners is hereby designated as the certifying board for the registration and approval of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) in obtaining or renewing a Qualified Alabama Controlled Substances Registration Certificate (QACSC). The board may adopt regulations concerning the application procedures, fees, and grounds for the restriction, limitation, suspension, or revocation of a QACSC, excluding the charge of expenses for conducting an investigation or expenses of a hearing, and to provide for hearings in connection with the same. The board shall establish a unique QACSC number that identifies the particular applicant as a certified registered nurse practitioner or certified nurse midwife with a valid QACSC. However, nothing in this article shall permit the board to encroach on the powers, duties, and authority of the Board of Nursing in carrying out its legally authorized functions. The Board of Nursing shall remain the sole licensing and disciplinary authority for CRNPs and CNMs.
(b) An advisory committee shall be created to comment on proposed rules.
(c) The board and its agents, attorneys, or investigators shall be permitted access to the records of any CRNP or CNM, including patient records, which would relate to a request for a QACSC, a renewal of a QACSC, or a possible violation of any provision of the Alabama Uniform Controlled Substances Act, this article, or applicable regulations of the board.
(d)(1) 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 under the Alabama Administrative Procedure Act.
(2) The formulary of controlled substances that may be prescribed by CRNPs and CNMs shall be approved by the certifying board upon the recommendation of the joint practice committee established by Article 5, commencing with Section 34-21-80, Chapter 21, Title 34, but the formulary shall not be considered a rule under the Alabama Administrative Procedure Act.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-252 - Certificate Requirements.

Section 20-2-252
Certificate requirements.
The Board of Medical Examiners may grant a Qualified Alabama Controlled Substances Registration Certificate (QACSC) to a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) who:
(1) Is practicing in accordance with this article, Title 34, Chapter 21, Article 5, and all rules and regulations pertaining to collaboration between a qualified physician and a qualified CRNP or a CNM.
(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 and which is consistent with the same requirements for other mid-level providers.
(3) Provides accurate and complete documentation of 12 or more months of active, clinical practice with one or more collaborative practices agreement which is governed by Title 34, Chapter 21, Article 5 and which has received final approval from the Board of Medical Examiners and the Alabama Board of Nursing. Temporary approval practice and provisional approval practice shall not be used or considered to meet the requirement of 12 or more months of active, clinical practice.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-253 - Prescription, Administration, Dispensing of Controlled Substances.

Section 20-2-253
Prescription, administration, dispensing of controlled substances.
(a) Upon receipt of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and a valid registration number issued by the United States Drug Enforcement Administration, a certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) may prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedules III, IV, and V of Article 2, Chapter 2, of this title in accordance with rules adopted by the Board of Medical Examiners and any protocols, formularies, and medical regimens established by the board for regulation of a QACSC.
(b) A CRNP or a CNM 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) A CRNP or a CNM authorized to prescribe, administer, or dispense controlled substances in accordance with this article may not prescribe, administer, or dispense any controlled substance to himself, herself, or his or her spouse, child, or parent.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-254 - Grounds for Denial of Application or Request for Renewal, Etc.

Section 20-2-254
Grounds for denial of application or request for renewal, etc.
The Board of Medical Examiners may deny an application of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) requesting a Qualified Alabama Controlled Substances Registration Certificate (QACSC), deny a request for a renewal of a QACSC, or initiate action against the QACSC of a CRNP or a CNM possessing a QACSC based on the following grounds:
(1) Fraud or deceit in applying for, procuring, or attempting to procure a QACSC 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 CRNP or CNM to practice with due regard for the health or safety of his or her patients.
(4) Prescribing a drug or utilizing a QACSC in such a manner as to endanger the health of any person or patient of the CRNP, CNM, or collaborating physician.
(5) Suspension or revocation of the registration number issued to the CRNP or CNM by the United States Drug Enforcement Administration.
(6) Excessive dispensing or prescribing of any drug to any person or patient of the CRNP, CNM, or collaborating 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 CRNP or CNM unsafe or unreliable to prescribe drugs or to hold a QACSC.
(8) Any violation of a requirement set forth in this article or a rule adopted pursuant to this article.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-255 - Hearings; Restriction, Suspension, Revocation of Certificate.

Section 20-2-255
Hearings; restriction, suspension, revocation of certificate.
(a) Any hearing regarding the issuance, restriction, limitation, suspension, or revocation of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) held by a certified registered nurse practitioner or a certified nurse midwife for any violations of this article shall be before the Board of Medical Examiners.
(b) The board shall have the authority to restrict, suspend, or revoke a QACSC, whenever a CRNP or a CNM is found guilty on the basis of substantial evidence of any of the acts or offenses enumerated in Section 20-2-254. The board shall also have the authority to reinstate or to deny reinstatement of a QACSC.
(c) The board may limit revocation or suspension of a QACSC 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 and the Alabama Board of Nursing of all orders suspending or revoking a QACSC of a CRNP or a CNM.
(e) Any hearing conducted before the board in accordance with this section shall be considered a contested case under the Alabama Administrative Procedure Act, and shall be conducted in accordance with the requirements of this article.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-256 - Judicial Review.

Section 20-2-256
Judicial review.
(a) A certified registered nurse practitioner (CRNP) or certified nurse midwife (CNM) adversely affected by an order of the Board of Medical Examiners denying an application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC) or the renewal of a QACSC may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(b) A CRNP or a CNM adversely affected by an order of the board suspending, revoking, or restricting a QACSC, whether or not such suspension, revocation, or restriction is limited; or denying reinstatement of a QACSC, may obtain judicial review thereof by filing a written petition for review with the Circuit Court of Montgomery County in accordance with Section 41-22-20.
(c) The following procedures shall take precedence over subsection (c) of Section 41-22-20 relating to the issuance of a stay of any order of the board suspending, revoking, or restricting a QACSC. The suspension, revocation, or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the board to suspend, revoke, or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the board was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion.
(d) From the judgment of the circuit court, either the board or any affected party who invoked judicial review may obtain a review of any final judgment of the circuit court under Section 41-22-21. No security shall be required of the board.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-257 - Fees.

Section 20-2-257
Fees.
The Board of Medical Examiners may charge and collect fees to defray expenses incurred in the registration and issuance of a Qualified Alabama Controlled Substances Registration Certificate (QACSC) and the administration of this article shall be the same as other mid-level providers. The types and amounts of fees shall be established in rules adopted by the board. The fees shall be retained by the board and may be expended for the general operation of the board.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-258 - Liability.

Section 20-2-258
Liability.
Any member of the Board of Medical Examiners, any agent, employee, consultant, or attorney of the board, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board in connection with any investigation or hearing conducted by the board as authorized in this article, shall be immune from any lawsuit or legal proceeding for any conduct in the course of his or her official duties with respect to such investigations or hearings.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 11 - Prescribing of Certain Schedules of Controlled Substances by Certified Registered Nurse Practitioners and Certified Nurse Midwives. › Section 20-2-259 - Rules.

Section 20-2-259
Rules.
The Board of Medical Examiners may adopt rules necessary to carry out the intent, purposes, and provisions of this article.
(Act 2013-223, p. 531, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 12 - Limited Purpose Schedule Ii Permit. › Section 20-2-260 - Permit Authorized.

Section 20-2-260
Permit authorized.
(a) The Board of Medical Examiners may at any future date it chooses create a Limited Purpose Schedule II Permit (LPSP), and assess fees associated with the permit, that, along with any other necessary registration, may permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense only those controlled substances listed in Schedule II substances of Article 2 of Chapter 2 of this title in accordance, as specified and limited by the permit, with rules adopted by the board and any protocols, formularies, and medical regimens established by the board for regulation of a LPSP. Any protocols, formularies, and medical regimens shall not be considered administrative rules under the Alabama Administrative Procedure Act.
(b) An assistant to physician, certified registered nurse practitioner, or certified nurse midwife shall not utilize his or her LPSP 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, certified registered nurse practitioner, or certified nurse midwife 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.
(d) The board may not permit assistants to physicians, certified registered nurse practitioners, or certified nurse midwives to lawfully prescribe, administer, authorize for administration, or dispense all controlled substances listed in Schedule II of Article 2 of Chapter 2 of this title. It is the intent of this article, if and when the board chooses to use this authority at some future date, that the LPSP may be used only at the board's discretion and as limited by the board to specific circumstances and specific drugs.
(Act 2013-223, p. 531, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 13 - Opioid Antagonist Administration. › Section 20-2-280 - Opioid Antagonist Prescriptions; Administration; Liability.

Section 20-2-280
Opioid antagonist prescriptions; administration; liability.
(a) For the purposes of this section, "opioid antagonist" means naloxone hydrocholoride or other similarly acting drug that is approved by the federal Food and Drug Administration for the treatment of an opioid overdose.
(b) A physician licensed under Article 3 of Chapter 24 of Title 34, or dentist licensed under Chapter 9 of Title 34, acting in good faith may directly or by standing order prescribe, and a pharmacist licensed under Chapter 23 of Title 34, or a registered nurse in the employment of the State Health Department or a county health department, may dispense, an opioid antagonist to either of the following:
(1) An individual at risk of experiencing an opiate-related overdose.
(2) A family member, friend, member of a fire department, rescue squad, volunteer fire department personnel, or other individual, including law enforcement, in a position to assist an individual at risk of experiencing an opiate-related overdose.
(c) As an indicator of good faith, the physician or dentist, prior to prescribing an opioid antagonist under this section, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1) The individual seeking the opioid antagonist is at risk of experiencing an opiate-related overdose.
(2) The individual other than the individual at risk of experiencing an opiate-related overdose and who is seeking the opioid antagonist is in relation to the individual at risk of experiencing an opiate-related overdose as a family member, friend, or otherwise in the position to assist the individual.
(d) An individual who receives an opioid antagonist that was prescribed pursuant to subsection (b) may administer an opioid antagonist to another individual if he or she has a good faith belief that the other individual is experiencing an opiate-related overdose and he or she exercises reasonable care in administering the opioid antagonist. Evidence of exercising reasonable care in administering the opioid antagonist shall include the receipt of basic instruction and information on how to administer the opioid antagonist.
(e) All of the following individuals are immune from any civil or criminal liability for actions authorized under this article:
(1) A physician or dentist who prescribes an opioid antagonist pursuant to subsection (b) and who has no managerial authority over the individuals administering the opioid antagonist or the State Health Officer or any county health officer who issues standing orders or other requirements pursuant to subsection (b).
(2) An individual who administers an opioid antagonist pursuant to subsection (d).
(3) A pharmacist, or registered nurse in the employment of the State Health Department or a county health department, who dispenses an opioid antagonist pursuant to subsection (b).
(Act 2015-364, §1; Act 2016-307, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 13 - Opioid Antagonist Administration. › Section 20-2-281 - Individuals Under Age of 21 Seeking Medical Assistance for Another.

Section 20-2-281
Individuals under age of 21 seeking medical assistance for another.
(a) Notwithstanding any other law to the contrary, an individual under 21 years of age may not be prosecuted for the possession or consumption of alcoholic beverages if law enforcement, including campus safety police, became aware of the possession or consumption of alcohol solely because the individual was seeking medical assistance for another individual under this article.
(b) Excluding Section 32-5A-191, an individual may not be prosecuted for a misdemeanor controlled substance offense if law enforcement became aware of the offense solely because the individual was seeking medical assistance for another individual under this article.
(c) This section shall apply if, when seeking medical assistance on behalf of another, the individual did all of the following:
(1) Acted in good faith, upon a reasonable belief that he or she was the first to call for assistance.
(2) Used his or her own name when contacting authorities.
(3) Remained with the individual needing medical assistance until help arrived.
(Act 2015-364, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 13 - Opioid Antagonist Administration. › Section 20-2-282 - Training of Law Enforcement Officers to Carry and Administer Opioid Antagonists.

Section 20-2-282
Training of law enforcement officers to carry and administer opioid antagonists.
On or before January 1, 2016, the Alabama Department of Public Health shall approve a specific training curriculum for completion by law enforcement officers who elect to carry and administer opioid antagonists.
(Act 2015-364, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 13 - Opioid Antagonist Administration. › Section 20-2-283 - Publication of Standing Orders, etc., for Dispensing Opioid Antagonists.

Section 20-2-283
Publication of standing orders, etc., for dispensing opioid antagonists.
The State Health Officer or the respective county health officers shall have authority to publish the standing order or orders, including any necessary guidelines or other requirements that shall be followed, for dispensing opioid antagonists under Section 20-2-280 in their jurisdictions.
(Act 2016-307, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 13 - Opioid Antagonist Administration. › Section 20-2-284 - Authority to Dispense Opioid Antagonists.

Section 20-2-284
Authority to dispense opioid antagonists.
Any individual dispensing an opioid antagonist pursuant to Section 20-2-280 who is otherwise qualified, including a registered nurse in the employment of the State Health Department or a county health department, and who complies with the standing order or orders and other requirements of the State Health Office or a county health officer shall have authority to dispense an opioid antagonist as provided under Section 20-2-280.
(Act 2016-307, §2.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 14 - Treatment of Opioid; Mat. › Section 20-2-300 - Short Title.

Section 20-2-300
Short title.
This article shall be known and may be cited as the MAT Act of 2019.
(Act 2019-500, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2 - Controlled Substances. › Article 14 - Treatment of Opioid; Mat. › Section 20-2-302 - Construction of Article.

Section 20-2-302
Construction of article.
Because the intent of the Legislature in this article is to educate physicians and to mitigate patient abuse and diversion of buprenorphine, nothing in this article shall modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, any amendment to any of the foregoing, or any judicial interpretation of any of the foregoing, nor shall anything in this article modify, amend, repeal, or supersede the law of or pertaining to the standard of care and admissibility of evidence regarding the standard of care.
(Act 2019-500, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-1 - Short Title.

Section 20-2A-1
Short title.
This chapter shall be known and may be cited as the Darren Wesley 'Ato' Hall Compassion Act.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-4 - Relation to Other Laws.

Section 20-2A-4
Relation to other laws.
This chapter supersedes state criminal and civil laws pertaining to the recommending, acquisition, possession, use, cultivation, manufacturing, processing, research and development, and sale of medical cannabis. The acquisition, possession, use, cultivation, manufacturing, processing, research and development, transportation, testing, or sale of cannabis or medical cannabis in compliance with this chapter and rules of the commission does not constitute a violation of Article 5 of Chapter 12 of Title 13A, or any other law to the contrary.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-5 - Data Security.

Section 20-2A-5
Data Security.
All data related to the implementation of this chapter, including, but not limited to, application forms, licensing information, physician certifications, registration of qualified patients and designated caregivers, compliance, and the status of cannabis research programs must be maintained in a secure system developed or procured by the commission. Data may not be sold, and patient information shall remain confidential, except as otherwise permitted pursuant to this chapter, and may not be transferred or sold.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-8 - Diversion of Medical Cannabis or Medical Cannabis Products; Prohibited Conduct.

Section 20-2A-8
Diversion of medical cannabis or medical cannabis products; prohibited conduct.
(a)(1) An individual may not distribute, possess, manufacture, or use medical cannabis or a medical cannabis product that has been diverted from a registered qualified patient, a registered caregiver, or a licensed cultivator, processor, secure transporter, dispensary, or a state testing laboratory.
(2) An individual who violates this section is guilty of a Class B felony.
(3) The penalty under this section is in addition to any penalties that a person may be subject to for manufacture, possession, or distribution of marijuana under Title 13A.
(b) This chapter does not permit any individual to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in any of the following conduct:
(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence, professional malpractice, or professional misconduct, or violation of law.
(2) Possessing or using medical cannabis on any property of a K-12 school or day care or child care facility, in any correctional facility, or in a vehicle unless the medical cannabis is in its original package and is sealed and reasonably inaccessible while the vehicle is moving.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-9 - Annual Written Reporst.

Section 20-2A-9
Annual written reporst.
The commission shall provide annual written reports to the Legislature, with the first due no later than January 1, 2022, tracking implementation of this chapter. The report shall be made publicly available and posted on the commission's website. The report shall include all of the following:
(1) The number of patients applying for and receiving medical cannabis cards.
(2) The qualifying medical conditions identified to obtain the medical cannabis cards.
(3) Comments from physicians and other health care providers and from pharmacists.
(4) Revenues and expenses of card issuance and licensing of medical cannabis facilities.
(5) Relevant developments in other states' cannabis laws.
(6) Relevant scientific research.
(7) Applicable tax revenue.
(8) The commission's annual operating expenses and revenues.
(9) The number of total applicants for each type of license under Article 4 and the number of veterans, minorities, and women who applied and the number of these applicants who were denied a license.
(10) Any other information available to the commission that would inform public officials of how this chapter affects the public.
(11) Any suggested legislative changes to this chapter or other state laws, including all of the following:
a. Any suggestions to ensure that veterans, women, and minorities are not unfairly discriminated against in obtaining licenses under Article 4.
b. Changes to reflect changes in federal law or regulation.
c. Changes based on additional medical or scientific research.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-10 - Medical Cannabis Commission Fund.

Section 20-2A-10
Medical Cannabis Commission Fund.
(a) There is created a special account in the State Treasury to be known as the Medical Cannabis Commission Fund. Expenditures from the Medical Cannabis Commission Fund may be made only by the commission to implement, administer, and enforce this chapter. Specifically, the Medical Cannabis Commission Fund includes all of the following:
(1) Tax proceeds collected pursuant to subsections (a) and (b) of Section 20-2A-80, less an amount sufficient to cover the cost of administration of the tax levies imposed under subsections (a) and (b) of Section 20-2A-80, which shall be retained by the Department of Revenue.
(2) License fees, civil penalties, and other fees or charges collected pursuant to Article 4.
(3) Any monies appropriated by the Legislature for the initial operation of the commission.
(b) Amounts in the Medical Cannabis Commission Fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, but shall not be limited by the fiscal year appropriation cap.
(c) Beginning October 1, 2025, any funds in the Medical Cannabis Commission Fund in excess of actual expenses from the previous fiscal year shall be distributed, less 10 percent, as follows:
(1) 60 percent shall be transferred to the General Fund.
(2) 30 percent shall be transferred to the Medical Cannabis Research Fund established pursuant to subsection (f) of Section 20-2A-120.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-11 - Possession of Lawfully Obtained Medical Cannabis Card.

Section 20-2A-11
Possession of lawfully obtained medical cannabis card.
The possession of a medical cannabis card lawfully obtained pursuant to this chapter does not infringe on the cardholder's state or federal constitutional rights.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-12 - Severability.

Section 20-2A-12
Severability.
The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, the declaration shall not affect the part that remains.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 1 - General Provisions. › Section 20-2A-13 - Ineligibility to Receive Compensation Due to Impairment of Employee by Medical Cannabis.

Section 20-2A-13
Ineligibility to receive compensation due to impairment of employee by medical cannabis.
An employee who is injured or killed under circumstances that might otherwise make the employee or the employee's dependents eligible to receive worker's compensation benefits under Chapter 5 of Title 25 is, along with the employee's dependents, ineligible to receive compensation as defined in Section 25-5-1, if the injury or death occurred due to the employee's impairment by medical cannabis, which shall be conclusively presumed in the event of a positive drug test conducted and evaluated pursuant to standards adopted for drug testing by the U.S. Department of Transportation in 49 C.F.R. Part 40, as provided under Section 25-5-51, or if the employee refuses to submit to or cooperate with a blood or urine test, as provided by that section.
(Act 2021-450, §3.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 2 - Alabama Medical Cannabis Commission. › Section 20-2A-21 - Commission Members Prohibited From Certain Economic Interests.

Section 20-2A-21
Commission members prohibited from certain economic interests.
(a) A member of the commission and any individual employed by the commission may not be an owner, shareholder, director, or board member of, or otherwise have any economic interest in, a licensee. In addition, a member or employee of the commission may not have any family member who is employed by a licensee. A member or employee of the commission or his or her family member may not have an interest of any kind in any building, fixture, or premises occupied by any person licensed under this chapter; and may not own any stock or have any interest of any kind, direct or indirect, pecuniary or otherwise, by a loan, mortgage, gift, or guarantee of payment of a loan, in any licensee.
(b) A member or employee of the commission may not accept any gift, favor, merchandise, donation, contribution, or any article or thing of value, from any person licensed under this chapter.
(c) Any individual violating this section shall be terminated from employment or position, and as a consequence, the individual shall forfeit any pay or compensation which might be due.
(d) For purposes of this section, family member includes a spouse, child, parent, or sibling, by blood or marriage.
(e) A former member of the commission, for a period of two years after leaving service as a member of the commission, may not be an owner, shareholder, director, board member, or otherwise have an economic interest in an applicant or license issued under Article 4.
(f) In addition to any violation of Chapter 25 of Title 36, a violation of this section is a Class C misdemeanor.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 2 - Alabama Medical Cannabis Commission. › Section 20-2A-22 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective May 17, 2021. This Is Not in the Current Code Supplement.

Section 20-2A-22
Implementation of chapter; administration and enforcement.
(a) The Alabama Medical Cannabis Commission shall implement this chapter by making medical cannabis derived from cannabis grown in Alabama available to registered qualified patients and by licensing facilities that process, transport, test, or dispense medical cannabis.
(b) The commission shall administer and enforce this chapter and all rules adopted pursuant to this chapter.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 3 - Physician Certifications, Medical Cannabis Patient Registry, and Medical Cannabis Cards. › Section 20-2A-30 - Registered Qualified Patient; Registered Caregiver.

Section 20-2A-30
Registered qualified patient; registered caregiver.
(a)(1) A resident of this state who is 19 years of age or older is a registered qualified patient if he or she meets all of the following conditions:
a. Has been certified by a registered certifying physician as having a qualifying medical condition.
b. Is registered with the commission.
c. Has been issued a valid medical cannabis card by the commission.
(2) A registered qualified patient described in subdivision (1) may purchase, possess, or use medical cannabis, subject to subsection (d).
(b)(1) A resident of this state who is under the age of 19 is a registered qualified patient if he or she meets all of the following conditions:
a. Has been certified by a registered certifying physician as having a qualifying medical condition.
b. Is registered with the commission.
c. Has a qualified designated caregiver who is the patient's parent or legal guardian.
(2) A registered qualified patient described in subdivision (1) may use medical cannabis but may not purchase or possess medical cannabis.
(c)(1) A resident of this state is a registered caregiver if he or she meets all of the following conditions:
a. Is registered with the commission.
b. Has been issued a valid medical cannabis card by the commission.
c. Is at least 21 years of age, unless he or she is the parent or legal guardian of, and caregiver for, a registered qualified patient.
d. Is the parent, legal guardian, grandparent, spouse, or an individual with power of attorney for health care of a registered qualified patient.
(2) A registered caregiver described in subdivision (1) may purchase and possess medical cannabis, subject to subsection (d), but may not use medical cannabis unless he or she is also a registered qualified patient.
(3) The commission, by rule, may limit the number of registered qualified patients a registered caregiver may have under his or her care.
(4) A registered caregiver may receive compensation for services provided to a registered qualified patient pursuant to this chapter.
(d) Notwithstanding subdivision (2) of subsections (a) and (c), a registered qualified patient or registered caregiver may not purchase more than 60 daily dosages of medical cannabis and may not renew the supply more than 10 days before the 60-day period expires. At no time may a registered qualified patient or registered caregiver possess more than 70 daily dosages of medical cannabis.
(Act 2021-450, §1.)
2023 Code of Alabama › Title 20 - Food, Drugs and Cosmetics. › Chapter 2A - Darren Wesley "Ato" Hall Compassion Act. › Article 3 - Physician Certifications, Medical Cannabis Patient Registry, and Medical Cannabis Cards. › Section 20-2A-31 - Registered Certifying Physician - Requirements.

Section 20-2A-31
Registered certifying physician - Requirements.
(a) In order for a physician to qualify as a registered certifying physician, he or she must meet the following requirements:
(1) Hold an active license to practice medicine under Chapter 24 of Title 34.
(2) Complete a four-hour course related to medical cannabis and complete a subsequent examination, both of which shall be offered by a multi-specialty statewide professional organization of physicians in this state that is recognized to accredit intrastate organizations to provide AMA PRA category 1 credits. The course must be administered at least annually and may be offered in a distance learning format, including an electronic online format upon request. The price of the course may not exceed five hundred dollars ($500). Every two years thereafter, in order to requalify, a certifying physician must complete a two-hour refresher course offered by an entity described in this subdivision.
(3) Pay an initial registration fee established by the board, not to exceed three hundred dollars ($300).
(4) Meet any additional qualifications established by rule by the board.
(b) Upon meeting the requirements of subsection (a), the board shall issue a registration certificate and registration number to each registered certifying physician. The board shall maintain on its website an updated list of registered certifying physicians.
(c) The board, by rule, may establish requirements for registered certifying physicians to remain qualified, grounds for revoking registration, and a process for renewing registration of qualified certifying physicians, including payment of an annual registration renewal fee, not to exceed two hundred dollars ($200).
(Act 2021-450, §1.)