Article 1 General Provisions 34-23-1 – 34-23-13
Article 2 Licenses and Permits 34-23-30 – 34-23-53
Article 3 Pharmacies 34-23-70 – 34-23-77
Article 4 Board of Pharmacy 34-23-90 – 34-23-94
Article 5 Third Party Prescription Program 34-23-110 – 34-23-118
Article 6 Pharmacy Technicians 34-23-130 – 34-23-132
Article 7 Compounding of Drugs 34-23-150 – 34-23-162
Article 8 Pharmacy Audit Integrity Act 34-23-180 – 34-23-187

Terms Used In Alabama Code > Title 34 > Chapter 23

  • administrator: The Secretary of the Department of Labor or his or her designee. See Alabama Code 25-13-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. See Alabama Code 28-3-1
  • AUTOMATED PEOPLE MOVER: An installation as defined as an automated people mover in ASCE 21. See Alabama Code 25-13-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficial stockholder: means a person who owns the beneficial interest in stock, which may be a record stockholder or a person on whose behalf shares of stock are registered in the name of an intermediary or nominee. See Alabama Code 10A-2A-1.40
  • board: The Alabama State Board of Pharmacy. See Alabama Code 34-23-150
  • board: The State Board of Agriculture and Industries. See Alabama Code 2-21-17
  • board: The Alcoholic Beverage Control Board. See Alabama Code 28-3-1
  • board: The Board of Boilers and Pressure Vessels. See Alabama Code 25-12-2
  • board: The Elevator Safety Review Board. See Alabama Code 25-13-2
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 10A-3-1.02
  • boiler: shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. See Alabama Code 25-12-2
  • BRAND NAME: Any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or licensee and distinguishing it from that of others. See Alabama Code 2-21-17
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 10A-3-1.02
  • CERTIFICATE OF INSPECTION: An inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Section 25-12-15 may be issued. See Alabama Code 25-12-2
  • CERTIFICATE OF OPERATION: A document issued by the administrator that indicates that the conveyance has had the required safety inspection and tests, and fees have been paid as set forth in this chapter. See Alabama Code 25-13-2
  • COMMERCIAL FEED: Such term includes customer-formula feed, as this term is used in this chapter, and means any material whether simple, mixed compound, ground, unground, organic or inorganic, used as a feed for animals other than man or any material including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and other substances, materials or elements, or parts thereof intended for use or used as an ingredient or component of a mixture of materials, used as a feed for animals other than man; provided, that the commissioner, with approval of the board and by regulation, may exempt from this definition or from specific provisions of this chapter, commodities such as unprocessed and unmixed whole seeds, hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of subdivision (1) of Section 2-21-22. See Alabama Code 2-21-17
  • commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • COMMON TRUST FUND: A fund established, maintained and administered pursuant to the requirements of this chapter by a trust institution exclusively for the collective investment and reinvestment of moneys contributed thereto by such trust institution in its capacity as a fiduciary or cofiduciary or by an affiliated trust institution in its capacity as a fiduciary or cofiduciary. See Alabama Code 5-12A-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • component: Any ingredient used in the compounding of a drug product. See Alabama Code 34-23-150
  • compounding: The preparation, mixing, assembling, packaging, and labeling of a drug or device as the result of a licensed practitioner's prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice. See Alabama Code 34-23-150
  • container: Any bag, box, barrel, package, carton, object, apparatus, device, appliance or other container into which commercial feed is packed, stored or placed for handling and transporting. See Alabama Code 2-21-17
  • Continuance: Putting off of a hearing ot trial until a later time.
  • CONTRACT FEEDER: A person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product. See Alabama Code 2-21-17
  • contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
  • conveyance: Any elevator, dumbwaiter, escalator, moving sidewalk, platform lifts, stairway chairlifts, and automated people movers. See Alabama Code 25-13-2
  • corporation: A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency. See Alabama Code 28-3-1
  • CUSTOMER-FORMULA FEED: Commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See Alabama Code 2-21-17
  • department: The Department of Labor. See Alabama Code 25-12-2
  • department: The Alabama Department of labor. See Alabama Code 25-14-3
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribute: To offer for sale, sell, exchange or barter commercial feed; or to supply, furnish or otherwise provide commercial feed to a contract feeder. See Alabama Code 2-21-17
  • distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
  • distributor: Any person who distributes. See Alabama Code 2-21-17
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists pursuant to this title. See Alabama Code 10A-1-1.03
  • drug: Any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and substances other than feed intended to affect the structure or any function of the animal body. See Alabama Code 2-21-17
  • elevator: An installation as defined as an elevator in ASME A17. See Alabama Code 25-13-2
  • ELEVATOR CONTRACTOR: Any sole proprietor, firm, or corporation who possesses an elevator contractor's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • ELEVATOR INSPECTOR: Any person who possesses an elevator inspector's license in accordance with this chapter. See Alabama Code 25-13-2
  • ELEVATOR MECHANIC: Any person who possesses an elevator mechanic's license in accordance with Sections 25-13-7 and 25-13-8 and who is engaged in erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • entity: A domestic entity or foreign entity. See Alabama Code 10A-1-1.03
  • escalator: An installation as defined as an escalator in ASME A17. See Alabama Code 25-13-2
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • EXISTING INSTALLATION: An installation as defined as an installation, existing in ASME A17. See Alabama Code 25-13-2
  • Expenses: means reasonable expenses of any kind that are incurred in connection with a matter. See Alabama Code 10A-2A-1.40
  • FEED INGREDIENT: Each of the constituent materials making up a commercial feed. See Alabama Code 2-21-17
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HEALTH BENEFIT PLAN: Any individual or group plan, employee welfare benefit plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care service plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for insureds or beneficiaries in this state. See Alabama Code 34-23-181
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • label: A display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed. See Alabama Code 2-21-17
  • labeling: All labels and other written, printed or graphic matter

    a. See Alabama Code 2-21-17

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • license: A written license, duly issued by the administrator, authorizing a sole proprietor, firm, or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining or performing inspections of elevators or related conveyances covered by this chapter. See Alabama Code 25-13-2
  • licensee: An elevator mechanic, elevator contractor, or elevator inspector. See Alabama Code 25-13-2
  • liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine. See Alabama Code 28-3-1
  • manufacture: To grind, mix or blend, or further process, a commercial feed for distribution. See Alabama Code 2-21-17
  • manufacturer: Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • manufacturing: The production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substance or substances or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. See Alabama Code 34-23-150
  • MATERIAL ALTERATION: An alteration as defined in the referenced standards. See Alabama Code 25-13-2
  • MINERAL FEED: A commercial feed intended to supply primarily mineral elements or inorganic nutrients. See Alabama Code 2-21-17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • MOVING WALK OR SIDEWALK: An installation as defined as a moving walk in ASME A17. See Alabama Code 25-13-2
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 10A-3-1.02
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
  • OFFICIAL SAMPLE: A sample of feed taken by the commissioner or his agent in accordance with Section 2-21-26. See Alabama Code 2-21-17
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owners: as used in this article , shall mean the person in whose name the property is assessed for ad valorem tax purposes in the absence of proof to the contrary. See Alabama Code 11-42-20
  • participant: Any trust, estate or fund administered by a trust institution in a fiduciary capacity having a "participation. See Alabama Code 5-12A-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PERMITTED ANALYTICAL VARIATION: Allowances for the inherent variability in sampling and in laboratory analyses of guaranteed components, as published by the Association of American Feed Control Officials from time to time in its official publication. See Alabama Code 2-21-17
  • person: Such term includes individual, partnership, corporation, cooperatives and associations. See Alabama Code 2-21-17
  • person: Every natural person, association, or corporation. See Alabama Code 28-3-1
  • person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
  • pet: Any domesticated animal normally maintained in or near the household of the owner thereof. See Alabama Code 2-21-17
  • PET FOOD: Any commercial feed prepared and distributed for consumption by pets. See Alabama Code 2-21-17
  • PHARMACIST SERVICES: Offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons pursuant to a prescription. See Alabama Code 34-23-181
  • pharmacy: A place licensed by the Alabama State Board of Pharmacy in which prescriptions, drugs, medicines, medical devices, chemicals, and poisons are sold, offered for sale, compounded, or dispensed and shall include all places whose title may imply the sale, offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons. See Alabama Code 34-23-181
  • PHARMACY BENEFIT MANAGEMENT PLAN: An arrangement for the delivery of pharmacist services in which a pharmacy benefit manager undertakes to administer the payment or reimbursement of any of the costs of pharmacist services for an enrollee on a prepaid or insured basis that contains one or more incentive arrangements intended to influence the cost or level of pharmacist services between the plan sponsor and one or more pharmacies with respect to the delivery of pharmacist services and requires or creates benefit payment differential incentives for enrollees to use under contract with the pharmacy benefit manager. See Alabama Code 34-23-181
  • PHARMACY BENEFIT MANAGER: A business that administers the prescription drug or device portion of pharmacy benefit management plans or health insurance plans on behalf of plan sponsors, insurance companies, unions, and health maintenance organizations. See Alabama Code 34-23-181
  • PHARMACY FUNCTIONS: Those functions performed in a pharmacy department which do not require the professional judgment of a licensed pharmacist. See Alabama Code 34-23-130
  • PHARMACY TECHNICIAN: An individual, other than an intern, extern, or an assistant pharmacist, who performs pharmacy functions under the direct supervision of a licensed pharmacist. See Alabama Code 34-23-130
  • PHARMACY TECHNICIAN: A person, registered with the board, who assists the pharmacist in the practice of compounding. See Alabama Code 34-23-150
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • population: The population according to the last preceding or any subsequent decennial census of the United States, except where a municipality is incorporated subsequent to the last census, in which event, its population until the next decennial census shall be the population of the municipality as determined by the judge of probate of the county as the official population on the date of its incorporation. See Alabama Code 28-3-1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • PRESSURE VESSEL: A vessel other than those vessels defined in subdivision (2) in which the pressure is obtained from an external source or by the application of heat. See Alabama Code 25-12-2
  • PRIVATE RESIDENCE: A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit. See Alabama Code 25-13-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • PRODUCT NAME: The name of the commercial feed which identifies it as to kind, class or specific use. See Alabama Code 2-21-17
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • REASONABLE AMOUNTS OF COMPOUNDED PRODUCTS IN INVENTORY: The amount that is required to meet historical dispensing needs. See Alabama Code 34-23-150
  • Record date: means the date fixed for determining the identity of the corporation's stockholders and their stockholdings for purposes of this chapter. See Alabama Code 10A-2A-1.40
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • repair: A repair as defined in the referenced standards and which does not require a permit. See Alabama Code 25-13-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retailer: Any person licensed by the board to engage in the retail sale of any alcoholic beverages to the consumer. See Alabama Code 28-3-1
  • secretary: The Secretary of Labor. See Alabama Code 25-12-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • SPECIALTY PET: Any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles. See Alabama Code 2-21-17
  • SPECIALTY PET FOOD: Any commercial feed prepared and distributed for consumption by specialty pets. See Alabama Code 2-21-17
  • subscriber: A person who agrees with or makes an offer to an entity to purchase by subscription an ownership interest in the entity. See Alabama Code 10A-1-1.03
  • subscription: An agreement between a subscriber and an entity, or a written offer made by a subscriber to an entity before or after the entity's formation, in which the subscriber agrees or offers to purchase a specified ownership interest in the entity. See Alabama Code 10A-1-1.03
  • Summons: Another word for subpoena used by the criminal justice system.
  • supervision: The direct on-site overseeing of the performance of assigned or delegated duties or functions. See Alabama Code 34-23-130
  • TABLE WINE: Except as otherwise provided in this subdivision, any wine containing not more than 24 percent alcohol by volume. See Alabama Code 28-3-1
  • Testify: Answer questions in court.
  • Third Party Prescription Program: shall mean any system of providing for the reimbursement of pharmaceutical services under a contractual arrangement or agreement between a provider of such services and another party who is not the consumer of those services. See Alabama Code 34-23-111
  • ton: A net weight of two thousand pounds avoirdupois. See Alabama Code 2-21-17
  • TRUST INSTITUTION: Any state bank, any national bank or any trust company authorized to act in a fiduciary capacity in this state and under the supervision of the Comptroller of the Currency of the United States or the Federal Reserve System, or the Superintendent of Banks of the State of Alabama. See Alabama Code 5-12A-1
  • Unrestricted voting trust beneficial owner: means , with respect to any stockholder rights, a voting trust beneficial owner whose entitlement to exercise the stockholder right in question is not inconsistent with the voting trust agreement. See Alabama Code 10A-2A-1.40
  • Verdict: The decision of a petit jury or a judge.
  • VERTICAL-INTEGRATOR FEED: A commercial feed manufactured for feeding livestock, poultry or aquatic animals that are owned by the person manufacturing the feed or that are owned by subsidiaries, parents or other business entities associated with the manufacturer through common ownership. See Alabama Code 2-21-17
  • Voting power: means the current power to vote in the election of directors. See Alabama Code 10A-2A-1.40
  • Voting trust beneficial owner: means an owner of a beneficial interest in stock of the corporation held in a voting trust established pursuant to Section 10A-2A-7. See Alabama Code 10A-2A-1.40
  • wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only. See Alabama Code 28-3-1
  • wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice. See Alabama Code 28-3-1
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.