Ala. Admin. Code r. 680-X-2-.12

Current through Register Vol. 42, No. 8, May 31, 2024

Section 680-X-2-.12 - Supervising Pharmacist

(1) Every Pharmacy shall be under direct supervision and control of a registered Pharmacist who shall be designated the supervising pharmacist. The supervising pharmacist shall be responsible for no more than one Pharmacy and in which Pharmacy he/she practices. With the approval of the Board, it shall not be deemed to be supervising more than (1) pharmacy when a pharmacist is supervising a pharmacy and, also, an institutional pharmacy that is open less than fifteen (15) hours per week, or a pharmacy that is not an institutional pharmacy that is open no more than the minimum number of hours allowed by the Board. The supervising pharmacist shall be on duty a minimum of 50% of the hours the pharmacy is in operation or at least thirty (30) hours per week, whichever is less.

(2) Whenever a registered Pharmacist assumes the duties of a supervising pharmacist, he/she shall, within (10) days, so advise the Board by completing the "Notice of Change of Supervising Pharmacist" form provided by the Board. The name of the supervising pharmacist shall be placed in a conspicuous place in the prescription department so that it is clearly visible to the public.

(3) Whenever there is a new supervising pharmacist, he/she shall be required to take an inventory of all controlled substances as defined in Title 20, Chapter 2, Code of Ala. 1975, within fifteen (15) days.

(4) The supervising pharmacist shall be responsible for the following:

(a) Supervising of personnel in the prescription department to include ensuring that all licenses and registrations of pharmacists and technicians working in the pharmacy are current and in good standing with the Board.

(b) Maintenance of accurate records of all prescription medication received and dispensed.

(c) Maintaining the security of the prescription department and its contents.

(d) Ensuring that only pharmacists registered with the Board of Pharmacy provide professional consultation with patients and/or physicians.

(e) Ensuring that only pharmacists registered with the Board of Pharmacy accept telephone prescriptions.

(f) Operating the prescription department in a clean and orderly manner.

(g) Maintenance of inspection records provided by the Board or its staff, and where discrepancies are noted, within fifteen (15) days of receiving notice of such discrepancy, submit in writing to the Board, the steps taken or proposed to eliminate the discrepancy. Failure to submit such report to eliminate discrepancies is grounds for disciplinary action by the Board.

(h) Ensuring that the prescription department is operated at all times with good pharmaceutical practices.

(i) Ensuring compliance with the provisions for the Pharmacy Practice Act, Rules of the Alabama State Board of Pharmacy and the Controlled Substances Act.

(j) Whenever a registered Pharmacist terminates his/her the duties as supervising pharmacist, he/she shall, within (10) days, so advise the Board by completing the "Notice of Change of Supervising Pharmacist" form provided by the Board.

(5) Nothing in this rule shall diminish the corresponding responsibility that all pharmacists have to perform their professional duties including proper recordkeeping.

(6) If the actions of the permit holder have deemed to contribute to or cause a violation of any provision of this section, the Board may hold the permit holder responsible and/or absolve the supervising pharmacist from the responsibility of that action. In addition, it is a violation of this rule for any person to subvert the authority of the supervising pharmacist by impeding the management of any pharmacy in relation to compliance with federal and state drug or pharmacy laws and regulations. Any such act(s) may result in charges being filed against the permit holder.

(7) The permit holder is responsible and accountable for assuring the supervising pharmacist is working the designated hours set by the Board and for the renewal of the pharmacy permit.

(8) If the permit holder's supervising pharmacist will be or is no longer employed or no longer desires to act as a supervising pharmacist, the permit holder shall notify the Board within ten (10) days by the submission of an action plan for the designation of another supervising pharmacist. This plan shall not exceed ninety (90) days before the permit holder is in violation of operating a pharmacy without a supervising pharmacist at which time the Board may require closure of the pharmacy until such time as a supervising pharmacist assumes his/her duties.

(9) In the event of a temporary absence by supervising pharmacist of greater than 30 days, the permit holder shall designate a temporary supervising pharmacist with notification to the Board of the name of the temporary supervising pharmacist and the period of time during which he/she shall act as such. The permit holder must notify the Board of the assignment of the temporary supervising pharmacist prior to the time the temporary supervising pharmacist begins to act as such. The permit holder will inform the board of the date of the original supervising pharmacist's return from his/her absence.

Ala. Admin. Code r. 680-X-2-.12

Filed June 1, 1982. Amended: Filed June 8, 1989; effective July 31, 1989; September 29, 1992. Amended: Filed July 26, 1996; operative August 30, 1996; effective January 1, 1997. Amended: Filed November 29, 2007; effective January 3, 2008.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 04, January 31, 2019, eff. 3/8/2019.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 09, June 28, 2019, eff. 8/4/2019.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Author: Donna C., Yeatman, R.Ph., Executive Secretary

Statutory Authority:Code of Ala. 1975, § 34-23-92.