HB320 Alabama 2016 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2016

Title

State Board of Pharmacy, powers and duties of board, rulemaking authority clarified with regard to anticompetitive rules that prioritize patient safety and wellness, Sec. 34-24-92.1 added

Summary

HB320 would let the Alabama State Board of Pharmacy set rules that prioritize patient safety and wellness, even if those rules are anti-competitive, and shield the board from anti-trust liability.

What This Bill Does

It adds a new section clarifying the board's power to regulate the practice of pharmacy to prioritize safety and wellness, even if that conflicts with anti-trust concerns. It immunizes the Board and its members from liability under state and federal anti-trust laws for adopting such safety-priority, potentially anti-competitive rules. Rules may expand or clarify how pharmacy is practiced but cannot contradict existing laws defining the practice. The act becomes effective immediately after the governor signs it.

Who It Affects

• The Alabama State Board of Pharmacy and its members, who gain explicit authority to adopt safety-priority rules and are immunized from anti-trust liability when doing so.
• Pharmacists, pharmacies, and unlicensed individuals regulated by the Board, who would be subject to rules that define or regulate pharmacy practice to prioritize safety, even if those rules reduce competition.
• Patients and consumers who rely on pharmacy services, who may experience safety-focused changes in how pharmacy services are regulated and delivered.

Key Provisions

• Adds Section 34-23-92.1 to clarify the Board's rulemaking authority under state and federal anti-trust laws and to permit anti-competitive rules that prioritize patient safety and wellness.
• Board rules may define and regulate the practice of pharmacy to prioritize safety and wellness, even if those rules are anti-competitive, subject to limits.
• The rules may supplement or clarify statutory definitions but may not conflict with statutes that define the practice of pharmacy.
• The Board and its members are immunized from liability under anti-trust laws for adopting such safety-priority rules.
• Effective date: immediate upon governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pharmacy, Alabama State Board of