Ala. Admin. Code r. 680-X-2-.40
Non-Disciplinary Penalties
Effective Apr 13, 2026New Rule: Filed July 8, 2010; effective August 12, 2010; operative September 1, 2010. Amended: Filed August 26, 2011; effective September 30, 2011; operative October 3, 2011. Amended: Filed July 6, 2016; effective August 20, 2016. Amended: Published May 28, 2021; effective July 12, 2021. Amended: Published October 29, 2021; effective December 13, 2021. Amended: Published March 31, 2022; effective May 15, 2022. Amended: Published December 31, 2024; effective February 14, 2025. Amended: Published February 27, 2026; effective April 13, 2026.Alabama State Board of Pharmacy
- (1) Pursuant to the Board’s authority set forth in Code of Ala. 1975, §34-23-33, this Rule adopts an administrative fine penalty schedule for non-disciplinary violations.(2) The following provisions apply to administrative fines (non-disciplinary penalties):(a) The Board has the discretion to impose an administrative fine for any violation listed in the non-disciplinary penalty schedule. If the Board elects to issue an administrative fine, that individual or permittee may not receive another administrative fine for the same violation within a ten (10) year period. Any subsequent occurrence of that same violation within ten (10) years shall be treated as a disciplinary matter, unless otherwise specified in the schedule. The Board retains the authority to reclassify any violation as disciplinary if evidence suggests a higher level of risk, intent, or patient harm.(b) Payment of the administrative fine must be received by the Board within ninety (90) days of notice. Failure to pay or otherwise comply with the terms of any imposed corrective action plan within the timeframe shall be considered grounds for a civil penalty, unless a written request for an extension is approved by the Executive Secretary.(c) If the person or permittee wishes to contest the violation or fine, they shall notify the Board in writing within thirty (30) days of notice. In such cases, the Board shall issue a Notice of Hearing and Statement of Charges, and the matter shall proceed in accordance with the Alabama Administrative Procedures Act. Following the hearing, the administrative fine may be dismissed, upheld, modified, or replaced with disciplinary action.(d) Payment of an administrative fine shall not be considered an admission of wrongdoing and shall not be reported to national disciplinary databases or licensing jurisdictions unless required by the National Practitioner Databank.(e) If a non-disciplinary violation occurs alongside a disciplinary violation, both violations will be reviewed together. The disciplinary violation shall proceed through the formal disciplinary process, while the non-disciplinary violation may be included in the disciplinary case or addressed separately depending on whether it directly relates to the underlying conduct. The Board shall determine the most effective approach based on the nature and severity of the violations.(f) When considering the amount of a administrative fine for a specific violation, the Board shall consider the level and scope of misconduct, the level of risk to public health and safety, and the compliance history of the violator.(3) The tables below set forth each non-disciplinary violation, the individual or permittee eligible for a non-disciplinary penalty, and the associated administrative fine. For the purposes of the table below, the term "license" refers to any license, permit, certificate, or registration issued by the Board.Administrative Fines for Pharmacy TechniciansDescriptionFineFailure to Complete Required Continuing EducationFirst violation: $0-$100Second violation: $0-$100 + $10/hr short of requirementFailure to complete technician training program in compliance with Rule 680-X-2-.14$0-$200Failure to Submit Documentation of Training Within 10 Days$0-$25Failure to Report Employment Within 10 DaysFirst violation: Warning Letter, no fineSecond violation: $0-$500Failure to wear name tag$0-$25Administrative Fines for Interns/ExternsDescriptionFineFailure to Report Employment Within 10 DaysFirst violation: Warning Letter, no fineSecond violation: $0-$500Administrative Fines for PharmacistsDescriptionFineFailure to Complete Required Continuing EducationFirst violation: $0-$250Second violation: $0-$250 + $25/hr short of requirementFailure to Report Employment Within 10 DaysFirst violation: Warning Letter, no fineSecond violation: $0-$1,000Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policy$0-250Failure to Renew Collaborative Practice Agreement$0-$100Exceeding Technician to Pharmacist or Intern to Pharmacist Ratio$0-$250 per technician or intern over ratioViolation of Code of Professional Conduct where, in the Board's judgement, the violation does not:Impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Supervising PharmacistsDescriptionFineAllowing a technician to work without completing training$0-$100Failure to provide notice of change of Supervising Pharmacist within 10 days for incoming and/or outgoing Supervising Pharmacist$0-$1,000Failure to maintain required records$0-$500Failure to display all required licenses$0-$500Exceeding Technician to Pharmacist or Intern to Pharmacist Ratio$0-$250 per technician or intern over ratioAdministrative Fines for Chain PharmaciesDescriptionFineAllowing a technician to work without completing training $0-$100Failure to Submit Action Plan Within 10 Days of Outgoing Supervising Pharmacist Departure (No Incoming Supervising Pharmacist)$0-$1,000Failure to Identify New Supervising Pharmacist Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000 Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policy First violation: Warning Letter, no fineSecond violation: $0-$500 Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Failure to Notify Board of Authorization to be a DEA Drug Collector$0-$250Violation of Code of Professional Conduct where, in the Board's judgement, the violation does not:Impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Independent PharmaciesDescriptionFineAllowing a technician to work without completing training $0-$100Failure to Submit Action Plan Within 10 Days of Outgoing Supervising Pharmacist Departure (No Incoming Supervising Pharmacist)$0-$1,000Failure to Identify New Supervising Pharmacist Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policy First violation: Warning Letter, no fineSecond violation: $0-$500 Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Failure to Notify Board of Authorization to be a DEA Drug Collector$0-$250Violation of Code of Professional Conduct where, in the Board's judgement, the violation does not:Impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Institutional PharmaciesDescriptionFineAllowing a technician to work without completing training $0-$100Failure to Submit Action Plan Within 10 Days of Outgoing Supervising Pharmacist Departure (No Incoming Supervising Pharmacist)$0-$1,000Failure to Identify New Supervising Pharmacist Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000 Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policyFirst violation: Warning Letter, no fineSecond violation: $0-$500 Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Failure to Notify Board of Authorization to be a DEA Drug Collector$0-$250Violation of Code of Professional Conduct where, in the Board's judgement, the violation does not:Impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Non-Resident PharmaciesDescriptionFineFailure to Submit Action Plan Within 10 Days of Outgoing Supervising Pharmacist Departure (No Incoming Supervising Pharmacist)$0-$1,000Failure to Identify New Supervising Pharmacist Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000 Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policyFirst violation: Warning Letter, no fineSecond violation: $0-$500 Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Failure to Notify Board of Authorization to be a DEA Drug Collector$0-$250Violation of Code of Professional Conduct where, in the Board's judgement, the violation does not:Impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Pharmacy Services PermitsDescriptionFineAllowing a technician to work without completing training $0-$100Failure to Submit Action Plan Within 10 Days of Outgoing Supervising Pharmacist Departure (No Incoming Supervising Pharmacist)$0-$1,000Failure to Identify New Supervising Pharmacist Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000 Unauthorized Presence Inside the Pharmacy excluding:CashiersShadowing in compliance with Board Policy 23-006Individuals authorized under applicable statue, rule, or policy First violation: Warning Letter, no fineSecond violation: $0-$500 Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Violation of Code of Professional Conduct where the violation does not:In the Board’s judgement does not impact public safety or direct patient care, andCause the Board to expend Board resources to evaluate and/or correct$0-$2,000Administrative Fines for Retail Medical Oxygen SuppliersDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Administrative Fines for Medical Oxygen Manufacturers and WholesalersDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to display all required licenses$0-$500Administrative Fines for 503B Outsourcing FacilitiesDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500Administrative Fines for Third Party Logistics ProvidersDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of New Designated Representative Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to submit an action plan Within 10 Days of outgoing Designated Representative (no incoming DR)< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Identify Incoming Designated Representative Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500Administrative Fines for PrecursorsDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500Administrative Fines for ManufacturersDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of New Designated Representative Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to submit an action plan Within 10 Days of outgoing Designated Representative (no incoming DR)< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Identify Incoming Designated Representative Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500Administrative Fines for DistributorsDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of New Designated Representative Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to submit an action plan Within 10 Days of outgoing Designated Representative (no incoming DR)< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Identify Incoming Designated Representative Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500Administrative Fines for ALL Other Drug Facility Permit HoldersDescriptionFineFailure to Provide Notice of Change of Ownership Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Provide Notice of New Designated Representative Within 10 Days< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to submit an action plan Within 10 Days of outgoing Designated Representative (no incoming DR)< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Identify Incoming Designated Representative Within 90 Days of Initiating an Action Plan< 30 days: $0-$50030-100 days: $500-$750>100 days: $750-$1,000Failure to Maintain Required Records$0-$500Failure to Display the License$0-$500
Author: Alabama State Board of Pharmacy
Statutory Authority: Code of Ala. 1975, §34-23-33.
History: New Rule: Filed July 8, 2010; effective August 12, 2010; operative September 1, 2010. Amended: Filed August 26, 2011; effective September 30, 2011; operative October 3, 2011. Amended: Filed July 6, 2016; effective August 20, 2016. Amended: Published May 28, 2021; effective July 12, 2021. Amended: Published October 29, 2021; effective December 13, 2021. Amended: Published March 31, 2022; effective May 15, 2022. Amended: Published December 31, 2024; effective February 14, 2025. Amended: Published February 27, 2026; effective April 13, 2026.