1. (1) In accordance with Ala. Code §34-23-33(b), this Rule establishes the civil penalty fine schedule for disciplinary violations for chain pharmacies, independent pharmacies, all other pharmacy types, manufacturers, distributors, all other facility types, pharmacists, pharmacy technicians, and all other license types.

2. (2) The following provisions apply to civil penalties:

   1. (a) The process for imposing civil penalties shall be in accordance with the contested case provisions of the Alabama Administrative Procedures Act.
   2. (b) Civil penalties imposed pursuant to this rule shall be reported to the National Practitioner Data Bank or other national reporting systems when required by applicable state or federal law.
   3. (c) 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.
   4. (d) When determining the amount of a civil penalty 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. The Board shall not consider whether the violator is a natural person or a legal entity, the size of the business, nor the violator's annual revenues. The Board recognizes and declares that the central purpose of civil penalty is to protect the public by incentivizing compliance with Alabama law and to deter wrongdoing.
   5. (e) When a Statement of Charges and Notice of Hearing alleges legal violations based on substantially the same underlying conduct, transaction, series of transactions, occurrence, or series of occurrences, the Board in its final order shall determine the civil penalties for each legal violation separately, but shall impose those civil penalties concurrently and not cumulatively.
   6. (f) When a Statement of Charges and Notice of Hearing alleges legal violations that are not based on the same underlying conduct, transaction, series of transactions, occurrence, or series of occurrences, the Board shall impose the civil penalties for the separate legal violations separately and cumulatively.
3. (3) The civil penalty schedules set forth each disciplinary violation, the monetary amount of the civil penalty, and any possible corrective action. Civil penalty schedules are listed as individual appendices in Rule 680-X-A. Nothing in this Rule and the related appendices shall affect the Board’s discretion to impose non-monetary sanctions, including license revocation, suspension, probation, reprimand, and other corrective actions, as the Board deems appropriate based on the particular facts of each case.

Author: Alabama State Board of Pharmacy

Statutory Authority: Code of Ala. 1975, §34-23-33.

History: New Rule: Published April 30, 2026; effective June 14, 2026.