Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.03 - Revocation Or Suspension Of An Alabama Controlled Substances Certificate Registration - Grounds And Procedures Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A registration under specified laws to
			 manufacture, distribute, or dispense a controlled substance may be suspended or
			 revoked by the Board upon a finding that the registrant:
(a) Has furnished false or fraudulent
			 material information in any application filed under this article;
(b) Has been convicted of a crime under any
			 state or federal law relating to any controlled substance;
(c) Has had his federal registration
			 suspended or revoked to manufacture, distribute or dispense controlled
			 substances;
(d) Has violated the
			 provisions of Chapter 23 of Title 34 of the Code of Alabama; or
(e) Has, in the opinion of the Board,
			 excessively dispensed controlled substances for any of his patients.
1. A registrant may be considered to have
			 excessively dispensed controlled substances if the Board finds that either the
			 controlled substances were dispensed for no legitimate medical purpose, or that
			 the amount of controlled substances dispensed by the registrant is not
			 reasonably related to the proper medical management of the patient's illness or
			 conditions. Drug addiction shall not be considered an illness or condition
			 which would justify continued dispensing of controlled substances, except in
			 gradually decreasing dosages administered to the patient for the purpose of
			 curing the addiction.
2. A
			 registrant who is a physician licensed to practice medicine in the State of
			 Alabama may be considered to have excessively dispensed controlled substances
			 if he or she prescribes, orders, dispenses, administers, supplies or otherwise
			 distributes any Schedule II amphetamine and/or Schedule II amphetamine-like
			 anorectic drug, and/or Schedule II sympathomimetic amine drug or compound
			 thereof, and/or any salt, compound, isomer, derivative or preparation of the
			 foregoing which are chemically equivalent thereto, and/or other non-narcotic
			 Schedule II stimulant drugs, which drugs or compounds are classified under
			 Schedule II of the Alabama Uniform Controlled Substances Act,
Code
			 of Ala. 1975
, §
										20-2-24, to any person except for
			 the therapeutic treatment of:
(i)
			 Narcolepsy;
(ii)
			 Hyperkinesis;
(iii) Brain
			 dysfunction of sufficiently specific diagnosis (such as Attention Deficit
			 Disorder or Attention Deficit and Hyperactivity Disorder), or etiology which
			 clearly indicates the need for these substances in treatment or
			 control;
(iv) Epilepsy;
(v) Differential psychiatric evaluation of
			 clinically significant depression; provided, however, that such treatment shall
			 not extend beyond a period of thirty (30) days unless the patient is referred
			 to a licensed practitioner specializing in the treatment of
			 depression;
(vi) Clinically
			 significant depression shown to be refractory to other therapeutic modalities;
			 provided, however, that such treatment shall not extend beyond a period of
			 thirty (30) days unless the patient is referred to a licensed practitioner
			 specializing in the treatment of depression; or for the clinical investigation
			 of the effects of such drugs or compounds, in which case an investigative
			 protocol must be submitted to and reviewed and approved by the State Board of
			 Medical Examiners before the investigation has begun. A physician prescribing,
			 ordering or otherwise distributing the controlled substances listed above in
			 the manner permitted by this subsection shall maintain a complete record which
			 must include documentation of the diagnosis and reason for prescribing; the
			 name, dose, strength and quantity of the drug and the date prescribed or
			 distributed. The records required under this subsection shall be made available
			 for inspection by the certifying board or its authorized representative upon
			 request. Those Schedule II stimulant drugs enumerated above shall not be
			 dispensed or prescribed for the treatment or control of exogenous
			 obesity;
(f)
			 Has violated any duly adopted rule or regulation of the Board of Medical
			 Examiners pertaining to the possession, maintenance, dispensing, prescribing or
			 distribution of any controlled substance;
(g) Has dispensed, prescribed or distributed
			 controlled substances not authorized by his registration certificate.
(h) Has failed to maintain a registration
			 with the U.S. Drug Enforcement Administration, has voluntarily surrendered a
			 DEA registration or had a registration revoked.