Alabama § 34-23-90 - Creation; Composition. (Amended by Act 2026-158)

§ 34-23-90. Creation; Composition. (Amended by Act 2026-158)

AMENDED BY ACT 2026-158, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Alabama State Board of Pharmacy is created and vested with the authority to carry out the purposes of and enforce this chapter.

(b)(1) Beginning January 1, 2026, the board shall consist of nine members who are residents of this state. Subject to subdivision (3), membership of the board shall be as follows:

a. One hospital pharmacist licensed by the board who is appointed by the Governor from a list of three names submitted by the Alabama Society of Health System Pharmacists.

b. One chain pharmacist licensed by the board who is appointed by the Governor from a list of three names submitted from the Alabama Pharmacy Association.

c. One independent pharmacist licensed by the board who is appointed by the Lieutenant Governor from a list of three names submitted from the Alabama Pharmacy Association.

d. One specialty pharmacist, such as a nuclear, home infusion, compounding only, or consultant pharmacist, licensed by the board who is appointed by the Speaker of the House of Representatives from a list of three names submitted from the Alabama Pharmacy Association.

e. One institutional pharmacist, such as a non-hospital, nursing home, assisted living, or prison pharmacist, licensed by the board who is appointed by the President Pro Tempore of the Senate from a list of three names submitted from the Alabama Society of Health System Pharmacists.

f. One academic pharmacist licensed by the board who is appointed by the Lieutenant Governor from a list of four names, with two names each submitted from the two state pharmacy schools.

g. One at-large pharmacist licensed by the board appointed by the Speaker of the House of Representatives from a list of three names submitted by the Alabama Pharmacy Association.

h. One registered pharmacy technician licensed by the board appointed by the President Pro Tempore of the Senate from a list of three names submitted from the Alabama Pharmacy Association.

i. One at-large consumer who is appointed by the Governor.

(2) The pharmacist members of the board shall be licensed pharmacists who have been licensed in this state for a minimum of five years and who are actively engaged in the practice of pharmacy or pharmacy administration, or both. The pharmacy technician member of the board shall be a nationally certified technician who has been registered in this state for a minimum of five years and who is actively engaged in the practice as a pharmacy technician.

(3) Any member serving on the board on January 1, 2026, shall continue to serve until his or her term expires, at which time the Governor shall appoint a member who meets the requirements in subdivision (1). A member serving on the board on January 1, 2026, who meets the requirements of subdivision (1) may be reappointed to an additional term, provided the reappointment complies with subsection (d).

(4) The appointing authorities shall coordinate their appointments to assure that board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(5) For the four additional members of the board whose term begins January 1, 2026, the Governor shall set staggered terms of two years, three years, and four years, at his or her discretion, with all initial terms ending on December 31 of the respective terms. Following initial terms, each member of the board shall serve a term of five years beginning on January 1 following appointment and terminating on December 31 of his or her fifth year as a member of the board.

(c) Any vacancies occurring on the board shall be filled by appointment by the respective appointing authority for the unexpired term.

(d) No member shall serve more than two full terms consecutively.

(e)(1) The Governor may remove a member of the board upon proven charges of inefficiency, incompetency, immorality, or professional misconduct. The replacement member shall be appointed by the respective appointing authority for the unexpired term.

(2) Appointees to the board, within 30 days after their appointment, shall take an oath or make affirmation before a properly qualified officer that he or she will faithfully and impartially perform the duties of his or her office. This oath or affirmation shall be filed with the Secretary of State.

(3) At its last regular meeting in each calendar year, the board shall elect for a term of one year, effective the following January 1, a president, a vice president, and a treasurer who shall be pharmacist members of the board. No member shall serve more than two years in the same office on the board during a five-year term.

(4)a. Not later than November 1, 2025, the board shall appoint a secretary as executive officer to the board, to serve at the pleasure of the board. The individual appointed by the board may not have served in any capacity for the board, including as secretary, during the five years prior to his or her appointment. The secretary may not serve as a member of the board and may not be employed during his or her service by any person holding a license, permit, certificate, or registration issued by the board.

b. The board shall fix the secretary’s salary.