HB78 Alabama 2023 Session

Summary

Primary Sponsor

Phillip RigsbyRepresentative

Republican

Session

Regular Session 2023

Title

Relating to the Board of Pharmacy; to amend Section 34-23-30 of the Code of Alabama 1975, relating to persons required to have a permit issued by the board to perform pharmacy services; to provide that an entity providing pharmacy services to residents of this state, rather than a person, would be required to have a permit issued by the board.

Summary

HB78 would require the Alabama Board of Pharmacy to issue permits to entities that provide pharmacy services to Alabama residents, not to individual owners.

What This Bill Does

HB78 shifts the permit requirement from individuals to the entities that provide pharmacy services to Alabama residents. It creates a biennial registration system with defined fee ranges for new applications, renewals, transfers, and out-of-state entities, with renewal due by October 31 and permits expiring December 31 of even-numbered years. Before opening, a pharmacy or entity must register, be inspected, and receive a permit at least 30 days prior to opening. It also imposes reporting requirements for ownership changes or licensed pharmacists within 10 days, requires corporate ownership to be listed in the corporation’s name for the permit, and prohibits operation without licensed pharmacists, with penalties for delinquent renewals and rules restricting mail-order or out-of-state pharmacies without a permit.

Who It Affects

• Group 1: Entities that provide pharmacy services in Alabama (e.g., pharmacies, hospital pharmacies, drugstores, etc.) must register biennially, obtain a board permit, pay specified fees, and comply with ownership and reporting requirements.
• Group 2: Owners (including non-licensed owners or corporate owners), licensed pharmacists employed by these entities, and related parties (such as the next of kin of deceased owners or out-of-state entities) are affected by permit ownership rules, reporting timelines, and restrictions on operation without a licensed pharmacist.

Key Provisions

• Permits must be held by the entity providing pharmacy services, not necessarily by individual owners; corporate ownership requires the permit to be in the corporation's name.
• Registration is biennial; permits expire December 31 of even-numbered years and renewal is due by October 31; a delinquency penalty of $25 per overdue month applies.
• Opening a new pharmacy or entity requires registration and inspection, and the business cannot operate without a permit.
• Separate permits are required for each pharmacy or entity owned by the same owner; more than one establishment requires separate applications and permits.
• Fees are set for different actions: new applications ($100-$200), renewals ($50-$150), transfers ($150-$400), out-of-state applications ($750-$2,000), and out-of-state renewals ($400-$750).
• Applications and renewals must be submitted with the required fees and information; the board prescribes the form and may require ownership details, licensed pharmacists employed, and location information.
• Changes in ownership or in licensed pharmacists must be reported to the board within 10 days; if ownership is non-registered or if the business is owned by a non-pharmacist, certain surrender and compliance steps apply.
• Operation without licensed pharmacists is forbidden; if there is a termination of employment, or if ownership changes, there are 30-day periods to comply; no prescriptions may be filled during these periods unless a licensed pharmacist is on duty.
• Mail-order pharmacies must have a board permit to transact business in Alabama.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Pharmacy Board, pharmacy permits, amended to clarify that only an entity required to have a permit.