Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-26 - COLLABORATIVE PHARMACY PRACTICE › Section 540-X-26-.10 - Grounds For Modification, Restriction, Or Termination Of A Collaborative Drug Therapy Management Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Board of Medical Examiners and/or Board of Pharmacy on its own motion may
			 investigate any evidence which appears to show that its respective licensees
			 may be guilty of a violation of any of the acts, offenses, or conditions set
			 out in this Chapter. A violation of this Chapter is grounds for disciplinary
			 action and sanctions against a Collaborating Physician, Collaborating
			 Pharmacist, Covering Physician, Covering Pharmacist, or pharmacy permit, and
			 shall be prosecuted against and in the name of the Collaborating Physician,
			 Collaborating Pharmacist, Covering Physician, or Covering Pharmacist
			 participating in the alleged violation.
(2) A violation of this Chapter may be
			 sanctioned by termination, modification, or restriction of the Agreement,
			 disciplinary action against the license of the Collaborating Physician,
			 Collaborating Pharmacist, Covering Physician, or Covering Pharmacist, or
			 pharmacy permit, the assessment of a fine, or any combination
			 thereof.
(3) Before modifying,
			 restricting, or terminating an Agreement, disciplining a license or permit, or
			 assessing a fine, 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.
(4) Pursuant to the
			 requirements of Ala. Code §
								41-22-19(d), the
			 Board of Medical Examiners or the Board of Pharmacy may order the emergency
			 suspension of the Agreement for any of the reasons stated in this Chapter/Rule
			 if the Board of Medical Examiners and/or Board of Pharmacy finds that danger to
			 the public health, safety, or welfare necessitates the emergency suspension of
			 the Agreement.
(5) An order of
			 emergency suspension of the Agreement shall become effective immediately,
			 unless otherwise stated in the order. Simultaneously with the issuance of an
			 order of emergency suspension, there shall be service of a statement of charges
			 and notice of hearing. The suspension shall be effective for a period of not
			 longer than one hundred and twenty (120) days.
(6) The following acts shall constitute
			 violations of this Chapter:
(a) Failure of a
			 Collaborating or Covering Physician to comply with any term or requirement of
			 this Chapter or the terms of the Agreement;
(b) A finding by the Board of Medical
			 Examiners that an Agreement contains false, misleading, or untruthful
			 information, or that a Collaborating or Covering Physician has submitted or
			 caused to be submitted false, misleading, or untruthful information to the
			 Board of Medical Examiners in connection with an 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 the physician under Ala. Code §
									20-2-54;
(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;
(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 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.