Relating to persons licensed to distribute or dispense controlled substances; to amend Sections 20-2-58 and 20-2-71, Code of Alabama 1975, to provide expert testimony required for prosecution; to provide for assessment of an additional fine; to provide requirements for expert testimony; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
Sections 20-2-58 and 20-2-71, Code of Alabama 1975, are amended to read as follows: "§20-2-58. "(a) Except as otherwise provided in this section or as otherwise provided by law, a pharmacist may dispense directly a controlled substance in Schedule II only pursuant to a written prescription signed by the practitioner. Except as provided in subsections (b) and (c), a prescription for a Schedule II controlled substance may be transmitted by the practitioner or the agent of the practitioner to a pharmacy via facsimile equipment, provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance. "(b) A prescription written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner or the agent of the practitioner to the home infusion pharmacy by facsimile. The facsimile shall serve as the original written prescription. "(c) A prescription written for Schedule II substances for a resident of a long-term care facility may be transmitted by the practitioner or the agent of the practitioner to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription. "(d) Each registered pharmacy shall maintain the inventories and records of controlled substances as follows: "(1) Inventories and records of all controlled substances listed in Schedules I and II shall be maintained separately from all other records of the pharmacy, and prescriptions for the substances shall be maintained in a separate prescription file. "(2) Inventories and records of controlled substances listed in Schedules III, IV, and V shall be maintained either separately from all other records of the pharmacy or in the form that the information required is readily retrievable from ordinary business records of the pharmacy, and prescriptions for the substances shall be maintained either in separate prescription file for controlled substances listed in Schedules III, IV, and V only or in the form that they are readily retrievable from the other prescription records of the pharmacy. "(e) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug as determined under State Board of Health statute, shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times, unless renewed by the practitioner. "(f) A controlled substance included in Schedule Schedules II, III, IV, and V shall not only be distributed or dispensed other than for a legitimate medical purpose by a practitioner acting in the usual course of his or her professional practice. "(g) In an emergency situation, a pharmacist may dispense a Schedule II controlled substance for a resident of a long-term care facility, a patient receiving hospice services, or a patient receiving home health care services pursuant to an emergency oral prescription transmitted by the practitioner to the dispensing pharmacy. The quantity dispensed pursuant to an emergency oral prescription shall be limited to the amount adequate to treat the patient during the emergency period not to exceed 72 hours. The practitioner, within seven days of the emergency oral prescription, shall provide the dispensing pharmacy with a written prescription for the quantity prescribed. "§20-2-71. "(a) It is unlawful for any person: "(1) Who is subject to Article 3 of this chapter to knowingly or intentionally distribute or dispense a controlled substance in violation of Section 20-2-58; "(2) Who is a registrant to manufacture a controlled substance not authorized by his or her registration or to distribute or dispense a controlled substance not authorized by his or her registration to another registrant or other authorized person; "(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter; provided, however, that upon the first conviction of a violator under this provision said the violator shall be guilty of a Class A misdemeanor. Subsequent convictions shall subject the violator to the felony penalty provision set forth in subsection (b) of this section. "(4) To refuse an entry into any premises for any inspection authorized by this chapter; or "(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter. "(b) Any person who violates this section is guilty of a Class B felony. "(c)(1) A violation of subdivision (1) of subsection (a) may only be proven by expert testimony from a similarly situated health care practitioner who is licensed by the appropriate regulatory board or agency; who practiced in the same speciality during the year preceding the date the violation occurred; who is trained and experienced in the same discipline or school of practice; if a certification is applicable to the practitioner, who is certified by the same American board in the same speciality as the practitioner charged with the violation; and if a medical or dental speciality is applicable to the practitioner, who is trained and experienced in the same medical or dental specialty as the practitioner charged with the violation. "(2) In addition to any other fine or penalty provided by law, the defendant shall pay an additional fine of fifty thousand dollars ($50,000) for a violation of subdivision (1) of subsection (a). All monies collected pursuant to this subdivision shall be deposited into a dedicated fund of the State Treasury which shall be known as the Office of Prosecution Services Expert Witness Fund. Pursuant to budget and allotment as provided in Sections 41-4-80 through 41-4-96 and Sections 41-19-11 through 41-19-12, the Comptroller shall disburse funds pursuant to this subdivision. The Executive Committee of the Alabama District Attorneys Association and the Executive Director of the Office of Prosecution Services shall authorize distributions from this fund to be made to district attorneys for prosecution expenses related to expert witness fees and other trial expenses. On a monthly basis, the clerk of the court shall transfer the additional fines collected pursuant to this subdivision to the State Treasury for deposit in the Office of Prosecution Services Expert Witness Fund, established by this section."
Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. House of Representatives Read for the first time and re- ferred to the House of Representa- tives committee on Judiciary ...... ....... 16-JAN-18Read for the second time and placed on the calendar with 1 substitute and................................ ....... 08-MAR-18 Read for the third time and passed as amended......................... ....... 13-MAR-18 Yeas 97, Nays 2, Abstains Jeff Woodard Clerk
|March 22, 2018||S||Williams motion to Indefinitely Postpone adopted Voice Vote|
|March 22, 2018||S||Third Reading Indefinitely Postponed|
|March 22, 2018||S||Williams motion to Carry Over to the Call of the Chair adopted Voice Vote|
|March 22, 2018||S||Third Reading Carried Over to Call of the Chair|
|March 20, 2018||S||Read for the second time and placed on the calendar|
|March 15, 2018||S||Read for the first time and referred to the Senate committee on Governmental Affairs|
|March 13, 2018||H||Engrossed|
|March 13, 2018||H||Motion to Read a Third Time and Pass adopted Roll Call 761|
|March 13, 2018||H||Motion to Adopt adopted Roll Call 760|
|March 13, 2018||H||Hill Amendment Offered|
|March 13, 2018||H||Motion to Adopt adopted Roll Call 759|
|March 13, 2018||H||Judiciary first Substitute Offered|
|March 13, 2018||H||Third Reading Passed|
|March 8, 2018||H||Read for the second time and placed on the calendar with 1 substitute and|
|January 16, 2018||H||Read for the first time and referred to the House of Representatives committee on Judiciary|