Ala. Admin. Code r. 540-X-26-.09

Current through Register Vol. 43, No. 1, October 31, 2024

Section 540-X-26-.09 - Denial, Of An Application For A Collaborative Drug Therapy Management Agreement

(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.

Ala. Admin. Code r. 540-X-26-.09

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, § 34-24-53; Act 2019-368 (Code of Ala. 1975, § 34-23-77).