Ala. Admin. Code r. 540-X-26-.10

Current through Register Vol. 42, No. 11, August 30, 2024

Section 540-X-26-.10 - Grounds For Modification, Restriction, Or Termination Of A Collaborative Drug Therapy Management Agreement

(1) The Board of Medical Examiners and/or Board of Pharmacy on its own motion may investigate any evidence which appears to show that its respective licensees may be guilty of a violation of any of the acts, offenses, or conditions set out in this Chapter. A violation of this Chapter is grounds for disciplinary action and sanctions against a Collaborating Physician, Collaborating Pharmacist, Covering Physician, Covering Pharmacist, or pharmacy permit, and shall be prosecuted against and in the name of the Collaborating Physician, Collaborating Pharmacist, Covering Physician, or Covering Pharmacist participating in the alleged violation.

(2) A violation of this Chapter may be sanctioned by termination, modification, or restriction of the Agreement, disciplinary action against the license of the Collaborating Physician, Collaborating Pharmacist, Covering Physician, or Covering Pharmacist, or pharmacy permit, the assessment of a fine, or any combination thereof.

(3) Before modifying, restricting, or terminating an Agreement, disciplining a license or permit, or assessing a fine, the Board of Medical Examiners and/or Board of Pharmacy shall conduct a hearing in accordance with Chapter 6 of the Rules of the Board of Medical Examiners, or pursuant to any applicable provisions of the Alabama Pharmacy Practice Act, respectively, and the Alabama Administrative Procedure Act.

(4) Pursuant to the requirements of Ala. Code § 41-22-19(d), the Board of Medical Examiners or the Board of Pharmacy may order the emergency suspension of the Agreement for any of the reasons stated in this Chapter/Rule if the Board of Medical Examiners and/or Board of Pharmacy finds that danger to the public health, safety, or welfare necessitates the emergency suspension of the Agreement.

(5) An order of emergency suspension of the Agreement shall become effective immediately, unless otherwise stated in the order. Simultaneously with the issuance of an order of emergency suspension, there shall be service of a statement of charges and notice of hearing. The suspension shall be effective for a period of not longer than one hundred and twenty (120) days.

(6) The following acts shall constitute violations of this Chapter:

(a) Failure of a Collaborating or Covering Physician to comply with any term or requirement of this Chapter or the terms of the Agreement;

(b) A finding by the Board of Medical Examiners that an Agreement contains false, misleading, or untruthful information, or that a Collaborating or Covering Physician has submitted or caused to be submitted false, misleading, or untruthful information to the Board of Medical Examiners in connection with an Agreement;

(c) A finding by the Board of Medical Examiners that a Collaborating or Covering Physician has committed any of the acts or offenses constituting grounds to discipline the license to practice medicine in this state pursuant to Ala. Code § 34-24-360 or any of the acts or offenses constituting grounds to discipline the controlled substances registration of the physician under Ala. Code § 20-2-54;

(d) A finding by the Board of Pharmacy that a Collaborating or Covering Pharmacist has committed any of the acts or offenses constituting grounds to discipline the license to practice pharmacy in this state pursuant to Ala. Code § 34-23-33, or any of the acts or offenses constituting grounds to discipline the controlled substances registration of the pharmacist under Ala. Code § 20-2-54;

(e) A finding by the Board of Pharmacy that a Collaborating or Covering Pharmacist has violated the Alabama Pharmacy Practice Act, the laws that regulate the sale and/or dispensing of prescription or legend drugs and/or narcotics or any rules and regulations of the Board of Pharmacy or the pharmacy law or rules of the Board of Pharmacy of another state or any other applicable laws;

(f) A finding by the Board of Medical Examiners and/or the Board of Pharmacy that a party to the Agreement is under any state or federal restriction, probation, discipline, or indictment related to the provision of medical services or fraud;

(g) Failure on the part of a Collaborating or Covering Physician to maintain an active, unrestricted license to practice medicine, an active, unrestricted Drug Enforcement Administration (DEA) registration, or an active, unrestricted Alabama Controlled Substances Certificate; or

(h) Failure on the part of a Collaborating or Covering Pharmacist to maintain an active, unrestricted license to practice pharmacy, an active, unrestricted Alabama Controlled Substances Certificate, or, where applicable, an active, unrestricted Drug Enforcement Administration (DEA) registration issued to the pharmacy which is the location for the services to be provided pursuant to the Agreement.

Ala. Admin. Code r. 540-X-26-.10

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 4/12/2021.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, § 34-24-53; Act 2019-368 (Code of Ala. 1975, § 34-23-77).