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Alabama lawmakers unveil dueling proposals to implement Pharmacy Board reforms

MONTGOMERY, Ala. — Two Alabama lawmakers have filed bills to introduce various reforms to the Alabama Board of Pharmacy, which has faced increased scrutiny in recent months over issues of noncompliance with state statutes.

The pharmacy board, which issues licenses, fees and fines to pharmacies and pharmacists in the state, was found in a state audit conducted last year to have regularly acted outside of its authority, including by charging higher license fees than state law permits, and by violating open meeting laws.

New reform efforts include House Bill 79, sponsored by Rep. Chip Brown, R-Hollingers Island. Under HB79, the board would be prohibited from suspending, revoking, or refusing to renew a pharmacist’s license for recommending or dispensing off-label drugs.

Existing law prohibits such practices as it relates to the state Board of Medical Examiners and the Medical Licensure Commission, with Brown’s bill simply extending that prohibition to apply to the pharmacy board.

While HB79 would moderately roll back the pharmacy board’s authority for penalty enforcement, Senate Bill 28, sponsored by Sen. Billy Beasley, D-Clayton, would increase it.

Under SB28, the pharmacy board would see its enforcement powers strengthened by granting the body the explicit authority to treat each violation of pharmacy law as a separate offense, whereas today, multiple violations are permitted by law to be bundled into a single penalty.

Beasley’s bill would also provide the pharmacy board with more flexible financial management, and extend the ability for the board to issue financial disbursements to the board treasurer, whereas currently, such authority only exists with the board president and secretary.

The pharmacy board would also no longer be required to send individual emails to pharmacists about rule changes, and instead would only be required to post a public notice.

The proposed reforms come amid another set of major reforms to the pharmacy board recently adopted by the Sunset Committee, reforms that include expanding the board’s membership from five members to nine, reduce board member’s terms from five to two years, and impose term limits. 

Those reforms also, if adopted by the Legislature, remove the board’s authority to set non-disciplinary administrative penalties, a response to a practice of the board that saw pharmacies issued higher fees than what law permitted in exchange for violations to be dropped.

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