HB123 Alabama 2025 Session

Summary

Primary Sponsor

Kerry UnderwoodRepresentative

Republican

Session

2025 Regular Session

Title

Pharmacy Board, continued until October 1, 2026; membership and duties of board revised and penalties for violations revised, pursuant to the Sunset Law

Summary

HB123 would extend the Alabama State Board of Pharmacy to Oct. 1, 2026 and overhaul its structure, penalties, and licensing rules to modernize pharmacy oversight.

What This Bill Does

It continues the Board of Pharmacy through Oct. 1, 2026 with major reforms, including a reconstituted board and new secretary role. It changes how penalties work by adding civil penalties and late fees, ending nondisciplinary administrative penalties, and creating separate administrative and disciplinary divisions within the board's general counsel. It overhauls licensing and permits for pharmacies and related entities, expands the scope of inspections and enforcement, and adds continuing education and registration requirements for pharmacy technicians, all while aligning rules with current pharmacy law and requiring rule updates and reporting.

Who It Affects

• Licensed pharmacists, pharmacies, and other entities that provide pharmacy services in Alabama (subject to new board composition, licensing/permit rules, fees, reporting, ownership changes, and enhanced enforcement).
• Pharmacy technicians and the programs that certify/register them (new registration requirements, renewal cycles, continuing education, and supervision rules).

Key Provisions

• Continuance of the Alabama State Board of Pharmacy until October 1, 2026 with modifications; preserves core code sections and enacts changes noted in Section 3.
• Board reconstitution beginning January 1, 2026 to include specified pharmacist categories (hospital, chain, independent, specialty, institutional, academic) and a pharmacist technician member plus a consumer member; terms, staggered terms, diversity requirements, and a new secretary position.
• Compensation and duties for board members and the secretary; annual officer elections; oath requirements; and administrative structure for the secretary and board operations.
• Significant changes to penalties: authorization of civil penalties and administrative fines; establishment of penalty schedules; continuation of criminal penalties for violations; and prohibition of duplicative penalties beyond the schedules.
• Division of the board's general counsel into separate disciplinary and administrative divisions to handle different functions and rules restricting disclosure between divisions unless attorney guidance indicates a possible criminal violation.
• Enhanced enforcement powers: expanded inspection authority for investigators, ability to issue citations and warnings, and procedures for criminal proceedings; subpoenas; cooperation with prosecutors and the Attorney General; and penalties for violations up to $1,000 per offense.
• Pharmacy licensing and permits: biennial permits for pharmacies, hospitals, and related entities; detailed applicant information and ownership reporting; nontransferable permits; renewal deadlines (October 31 and December 31 for delinquency treatment); and varied fee schedules for resident and nonresident entities, transfers, and out-of-state entities.
• Ownership changes and continuity: requirements to report changes in ownership or licensed pharmacists within 10 days; procedures for deceased owners; and restrictions on operation without licensed pharmacists, including a 30-day compliance period.
• Pharmacy technician registration and renewal: mandatory registration with fees ($20-$60) and biennial renewal ($20-$60); expiration on December 31 of odd-numbered years; continuing education requirements (three hours annually or six hours biennially with live components); and penalties for noncompliance.
• Brand-name substitution rules: pharmacist substitutions of lower-cost, pharmaceutically equivalent drugs allowed under specified conditions; mandatory prescription labeling to show the actual product dispensed and manufacturer; two signature lines on written prescriptions; recording requirements; and penalties ($1,000 max) for violations.
• Drug supply and quality provisions: adherence to FDA Drug Quality and Security Act guidelines for certain supply-chain actors; annual permits for manufacturers and related entities; and related fee and penalty structures.
• Rulemaking and reporting duties: the board must report rule status to legislative chairs and Sunset Committee; identify conflicting rules and propose compliance plans by deadlines; and publish penalty schedules on the board’s website (with phased implementation).

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

Subjects

Occupational Licensing Boards