Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-26 - COLLABORATIVE PHARMACY PRACTICE › Section 540-X-26-.09 - Denial, Of An Application For A Collaborative Drug Therapy Management Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board of Medical Examiners or Board of Pharmacy may deny approval of any
			 Agreement based on any of the grounds specified in this Chapter.
(2) Before denying an Agreement on any of the
			 grounds specified in this Chapter, the Board of Medical Examiners and/or Board
			 of Pharmacy shall conduct a hearing in accordance with Chapter 6 of the Rules
			 of the Board of Medical Examiners, or pursuant to any applicable provisions of
			 the Alabama Pharmacy Practice Act, respectively, and the Alabama Administrative
			 Procedure Act.
(3) The following
			 acts shall constitute grounds for the denial of approval of an Agreement:
(a) Failure of a Collaborating Physician or a
			 Collaborating Pharmacist to submit an application or Agreement that complies
			 with the terms and requirements of this Chapter;
(b) A finding by the Board of Medical
			 Examiners or Board of Pharmacy that a Collaborating Physician or Collaborating
			 Pharmacist has submitted or caused to be submitted false, misleading, or
			 untruthful information in connection with an application or
			 Agreement;
(c) A finding by the
			 Board of Medical Examiners that a Collaborating or Covering Physician has
			 committed any of the acts or offenses constituting grounds to discipline the
			 license to practice medicine in this state pursuant to Ala. Code §
									34-24-360, or any of the acts or
			 offenses constituting grounds to discipline the controlled substances
			 registration of a physician under Ala. Code §
									20-2-54, or that the Collaborating
			 or Covering Physician is unable to practice Collaborative Drug Therapy
			 Management with reasonable skill or safety to patients;
(d) A finding by the Board of Pharmacy that a
			 Collaborating or Covering Pharmacist has committed any of the acts or offenses
			 constituting grounds to discipline the license to practice pharmacy in this
			 state pursuant to Ala. Code §
									34-23-33, or any of the acts or
			 offenses constituting grounds to discipline the controlled substances
			 registration of the pharmacist under Ala. Code §
									20-2-54, or that the Collaborating
			 or Covering pharmacist is unable to practice Collaborative Drug Therapy
			 Management with reasonable skill or safety to patients;
(e) A finding by the Board of Pharmacy that a
			 Collaborating or Covering Pharmacist has violated the Alabama Pharmacy Practice
			 Act, the laws that regulate the sale and/or dispensing of prescription or
			 legend drugs and/or narcotics or any rules and regulations of the Board of
			 Pharmacy or the pharmacy law or rules of the Board of Pharmacy of another state
			 or any other applicable laws;
(f) A
			 finding by the Board of Medical Examiners and/or the Board of Pharmacy that a
			 party to the Agreement is under any state or federal restriction, probation,
			 discipline, or indictment related to the provision of medical services, the
			 practice of medicine or pharmacy, or fraud;
(g) Failure on the part of a Collaborating or
			 Covering Physician to maintain an active, unrestricted license to practice
			 medicine, an active, unrestricted Drug Enforcement Administration (DEA)
			 registration, or an active, unrestricted Alabama Controlled Substances
			 Certificate; or
(h) Failure on the
			 part of a Collaborating or Covering Pharmacist to maintain an active,
			 unrestricted license to practice pharmacy, an active, unrestricted Alabama
			 Controlled Substances Certificate, or, where applicable, an active,
			 unrestricted Drug Enforcement Administration (DEA) registration issued to the
			 pharmacy which is the location for the services to be provided pursuant to the
			 Agreement.