Terms Used In Alabama Code > Title 34 > Chapter 23 - Pharmacists and Pharmacies

• AERIAL DEVICES: Any type of D. See Alabama Code 8-17-210
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• airport: Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Alabama Code 4-6-2
• ANNUAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within this state throughout the entire calendar year from January 1 through December 31. See Alabama Code 8-17-210
• 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.
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• associate: When used to indicate a relationship with:

  (A) a domestic or foreign entity for which the person is:

  (i) an officer or governing person; or

  (ii) a beneficial owner of 10 percent or more of a class of voting ownership interests or similar securities of the entity;

  (B) a trust or estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity;

  (C) the person's spouse or a relative of the person related by consanguinity or affinity within the fifth degree who resides with the person; or

  (D) a governing person or an affiliate or officer of the person. See Alabama Code 10A-1-1.03

• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• AUDIBLE GROUND DEVICES: Any type of D. See Alabama Code 8-17-210
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board: The Alabama State Board of Pharmacy. See Alabama Code 34-23-150
• bonds: Those bonds, including the refunding bonds, issued under and pursuant to the provisions of this article. See Alabama Code 2-5A-30
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
• city: The City of Midfield, Alabama. See Alabama Code 45-37A-331.02
• CIVIL FINE: The monetary amount assessed by the city pursuant to this part for an adjudication of civil liability for a traffic signal violation, including municipal court costs associated with the infraction. See Alabama Code 45-37A-331.02
• CIVIL VIOLATION: There is hereby created a noncriminal category of state law called a civil violation created and existing for the sole purpose of carrying out the terms of this part. See Alabama Code 45-37A-331.02
• 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.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• county: Jefferson County in Alabama. See Alabama Code 45-37A-331.02
• court: Unless some other court is specifically designated, such term shall be construed to mean court of probate. See Alabama Code 9-9-2
• Decedent: A deceased person.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• distributor: Any person engaged in the business of making sales of fireworks for resale to all holders of the required Alabama permits who in turn resells to any permit holder; or any person who receives, brings, or imports any fireworks of any kind into the State of Alabama, except to a holder of an Alabama manufacturer's or distributor's permit. See Alabama Code 8-17-210
• district: Water management district. See Alabama Code 9-9-2
• DOMESTIC ENTITY: An entity governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• FIREWORKS SEASONS: The dates of June 20 through July 10 and December 15 through January 2 of each year shall be the only periods when seasonal retailers may sell fireworks. See Alabama Code 8-17-210
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• GOVERNING AUTHORITY: A person or group of persons who are entitled to manage and direct the affairs of an entity pursuant to this title and the governing documents of the entity, except that if the governing documents of the entity or this title divide the authority to manage and direct the affairs of the entity among different persons or groups of persons according to different matters, governing authority means the person or group of persons entitled to manage and direct the affairs of the entity with respect to a matter under the governing documents of the entity or this title. See Alabama Code 10A-1-1.03
• GOVERNING BODY: The board or body in which the general legislative powers of a municipality or county are vested; provided, that this division shall not authorize any county, city or town to construct an undertaking provided for in paragraph (1) a of this section in any city or town or in any portion of a county which is then adequately served by a like undertaking or undertaking performing the proposed service; provided further, that nothing contained in this division shall authorize the construction or operation of an undertaking for the purpose of manufacturing ice for sale at retail or for retail to the public. See Alabama Code 11-81-140
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• landowner: Any property owner who owns partial or full interest in lands in the benefited area or any property owner who owns partial or full interest in over 10 acres of land outside the benefited area within the district. See Alabama Code 9-9-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• MANAGERIAL OFFICIAL: An officer or a governing person. See Alabama Code 10A-1-1.03
• manufacturer: Any person engaged in the making, manufacture, or construction of fireworks of any kind within the State of Alabama. See Alabama Code 8-17-210
• 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
• MUNICIPAL COURT: The Municipal Court of the City of Midfield. See Alabama Code 45-37A-331.02
• municipality: Such term shall include any incorporated city or town in the state. See Alabama Code 11-81-140
• NONPROFIT ENTITY: An entity that is a nonprofit corporation, nonprofit association, or other entity that is organized solely for one or more nonprofit purposes. See Alabama Code 10A-1-1.03
• NOTICE BY PUBLICATION: Unless otherwise specified, such notice shall consist of publication once in each of three consecutive weeks (three insertions) in some newspaper having general circulation in the county or counties wherein the land in the water management district is located, the last insertion to be made at least 15 days prior to the date fixed for the hearing of said notice, and it shall not be necessary that the publication shall be made on the same day in each of the three weeks, but not less than 14 days, excluding the day of the first publication, shall intervene between the first publication and the last publication. See Alabama Code 9-9-2
• novelties: Any device listed in APA 87-1, Section 3. See Alabama Code 8-17-210
• oath: includes affirmation. See Alabama Code 1-1-1
• Oath: A promise to tell the truth.
• 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
• Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}
• organization: A corporation, limited partnership, general partnership, limited liability company, business trust, real estate investment trust, joint venture, joint stock company, cooperative, association, or other organization, including, regardless of its organizational form, a bank, insurance company, credit union, and savings and loan association, whether for profit, not for profit, nonprofit, domestic, or foreign. See Alabama Code 10A-1-1.03
• organizer: A person, who need not be an owner or member of the entity, who, having the capacity to contract, is authorized to execute documents in connection with the formation of the entity. See Alabama Code 10A-1-1.03
• Oversight: Committee review of the activities of a Federal agency or program.
• owner: The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or country. See Alabama Code 45-37A-331.02
• 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
• partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
• 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.
• permit: The written authority of the State Fire Marshal issued under the authority of this article. See Alabama Code 8-17-210
• PERMITTED INVESTMENTS: (i) Government securities; (ii) bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: bank for cooperatives; federal intermediate credit banks; Federal Financing Bank; federal home loan banks; Federal Farm Credit Bank; Export-Import Bank of the United States; federal land banks; or Farmers Home Administration or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof; (iii) bonds, notes, pass through securities or other evidences of indebtedness of Government National Mortgage Association and participation certificates of Federal Home Loan Mortgage Corporation; (iv) full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service; (v) public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America; (vi) time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, provided that, to the extent such time deposits are not covered by federal deposit insurance, such time deposits, including interest thereon, are fully secured by a pledge of obligations described in clauses (i), (ii), (iii), and (v) above, which at all times have a market value not less than the amount of such bank time deposits required to be so secured and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; (vii) repurchase agreements for obligations of the type specified in clauses (i), (ii), (iii), and (v) above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value at least equal to the purchase price of such repurchase agreements which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a prefected security interest in such obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Corporation for structured financings; and (viii) uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Corporation and at least "Aa" by Moody's Investors Service. See Alabama Code 2-5A-30
• person: Any individual, partnership, stock company or corporation. See Alabama Code 9-9-2
• person: Any individual, firm, copartnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof. See Alabama Code 4-6-2
• person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
• person: Includes any corporation, association, copartnership, or one or more individuals. See Alabama Code 8-17-210
• personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
• Personal property: All property that is not real property.
• 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
• PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM: A camera system which is designed and installed to work in conjunction with an electrically operated traffic control device using vehicle sensors synchronized to automatically record, either by conventional film or digital imaging, sequenced photographs or full motion video of the rear of a motor vehicle while proceeding through a signalized intersection. See Alabama Code 45-37A-331.02
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• POLITICAL SUBDIVISION: Any municipality, city, town, village or county. See Alabama Code 4-6-2
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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.
• property: Includes all property, whether real, personal, or mixed, or tangible or intangible, or any right or interest therein. See Alabama Code 10A-1-1.03
• REASONABLE AMOUNTS OF COMPOUNDED PRODUCTS IN INVENTORY: The amount that is required to meet historical dispensing needs. See Alabama Code 34-23-150
• Recess: A temporary interruption of the legislative business.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• sale: An exchange of articles or fireworks for money, including barter, exchange, gift, or offer thereof, and each transaction made by any person, whether as principal proprietor, salesperson, agent, association, copartnership, or one or more individuals. See Alabama Code 8-17-210
• SEASONAL RETAILER: Any person engaged in the business of making sales of fireworks to consumers within the State of Alabama during the fireworks season(s) only, from permanent buildings or temporary or moveable stands. See Alabama Code 8-17-210
• 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.
• SPARKLING DEVICES: Handheld or ground based sparkling devices that are non-explosive and non-aerial and contain 75 grams or less of chemical compound per tube or a total of 500 grams or less for multiple tubes and other sparkling devices that emit showers of sparks and sometimes a whistling, spinning, or crackling effect when burning, but does not include aerial devices, audible ground devices, or anything that will detonate or explode. See Alabama Code 8-17-210
• SPECIAL FIREWORKS: All articles of fireworks that are classified as Class B 1. See Alabama Code 8-17-210
• Statute: A law passed by a legislature.
• structure: Any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. See Alabama Code 4-6-2
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• subsidiary: An entity at least 50 percent of:

  (A) the ownership or membership interest of which is owned by a parent entity; or

  (B) the voting power of which is possessed by a parent 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed as defined in Section 32-1-1. See Alabama Code 45-37A-331.02
• TRAFFIC SIGNAL VIOLATION: Any violation of Section 32-5A-31, Section 32-5A-32, or Section 32-5A-35, or of any combination thereof, wherein a vehicle proceeds into a signalized intersection at a time while the traffic control signal for that vehicle's lane of travel is emitting a steady red signal. See Alabama Code 45-37A-331.02
• TRAINED TECHNICIAN: A sworn law enforcement officer employed by the city who alternatively:

  a. See Alabama Code 45-37A-331.02

• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• True bill: Another word for indictment.
• undertaking: Such term shall include all of the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed:

  a. See Alabama Code 11-81-140

• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Verdict: The decision of a petit jury or a judge.
• viewers: The board of viewers. See Alabama Code 9-9-2
• wholesaler: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales at seasonal retail. See Alabama Code 8-17-210
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.