Alabama Administrative Code › Title 680 - ALABAMA STATE BOARD OF PHARMACY › Chapter 680-X-2 - PRACTICE OF PHARMACY › Section 680-X-2-.07 - Mail Order Prescriptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every applicant for a Mail Order Permit
			 or Permits pursuant to the provisions of
Code of Ala.
			 1975
, §§
								34-23-30,
			 34-23-31, shall obtain a permit
			 biennially. On the first registration by a pharmacy located outside of the
			 State of Alabama, the provisions of
Code of Ala. 1975
,
			 §
								34-23-30 shall apply to such first
			 registration.
(2) Registration. No
			 nonresident pharmacy shall ship, mail or deliver prescription drugs and/or
			 devices to a patient in this state unless registered by the Alabama State Board
			 of Pharmacy.
(3) Agent of Record.
			 Each nonresident pharmacy that ships, mails, or delivers prescription drugs
			 and/or devices to a patient in the State of Alabama shall designate a resident
			 in Alabama for service of process. Any such nonresident pharmacy that does not
			 so designate a registered agent and that ships, mails, or delivers prescription
			 drugs and/or devices in the State of Alabama shall be deemed an appointment by
			 such nonresident pharmacy of the Secretary of State to be its true and lawful
			 attorney upon whom may be served all legal process in any action or proceedings
			 against such pharmacy growing out of or arising from such delivery. A copy of
			 any such service of process shall be mailed to the nonresident pharmacy by the
			 complaining party by certified mail, return receipt requested, postage prepaid,
			 at the address of such nonresident pharmacy as designated on the pharmacy's
			 application for registration in this state. If any such pharmacy is not
			 licensed in this state, service on the Secretary of State of Alabama only shall
			 be sufficient service.
(4)
			 Conditions of Registration. As conditions of receiving a permit, the
			 Nonresident Pharmacy or a renewal if applicable must comply with the following:
(a) Be registered and in good standing in the
			 state in which such pharmacy is located;
(b) Maintain, in readily retrievable form,
			 records of legend drugs and/or devices dispensed to Alabama patients;
(c) Supply upon request all information
			 needed by the Alabama Board of Pharmacy to carry out the Board's
			 responsibilities under the statutes and regulations pertaining to nonresident
			 pharmacies;
(d) Maintain pharmacy
			 hours that permit the timely dispensing of drugs to Alabama patients and
			 provide reasonable access for the Alabama patients to consult with a licensed
			 pharmacist about such patients' medications.
(e) Provide toll-free telephone communication
			 consultation between an Alabama patient and a pharmacist at the pharmacy who
			 has access to the patient's records, and ensure that said telephone number(s)
			 will be placed upon the label affixed to each legend drug container.
(f) Designate a supervising pharmacist who
			 shall be licensed by the Alabama State Board of Pharmacy. The supervising
			 pharmacist shall be responsible for ensuring that the holder of the permit
			 referenced herein complies with the requirements of this rule and all
			 applicable statutory provisions and rules. If there is a change of the
			 designated Supervising Pharmacist, the permit holder shall notify the Board by
			 filing the "Notice of Change of Supervising Pharmacist" form provided by the
			 Board. If the permit holder is unable to maintain a designated supervising
			 pharmacist, the permit holder shall notify the Board within ten (10) days with
			 an action plan to designate another pharmacist as supervising pharmacist. This
			 plan shall not exceed ninety (90) days before the permit holder is in violation
			 of operating a pharmacy without a supervising pharmacist at which time the
			 board may require closure of the pharmacy until such time as a supervising
			 pharmacist assumes his/her duties.