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SB100 ENROLLED
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SB100
3P7I8ZZ-2
By Senator Kelley
RFD: Fiscal Responsibility and Economic Development
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Alabama State Board of
Pharmacy until October 1, 2027, with certain modifications; to
amend Section 34-23-90, Code of Alabama 1975, as last amended
by Act 2025-372 of the 2025 Regular Session, to revise the
appointing authority for a certain board member.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Alabama
State Board of Pharmacy until October 1, 2027, with the
additional recommendation for statutory change as set out in
Section 3.
Section 2. The existence and functioning of the Alabama
State Board of Pharmacy, created and functioning pursuant to
Sections 34-23-1 to 34-23-187, inclusive, Code of Alabama
1975, is continued until October 1, 2027, and those code
sections are expressly preserved.
Section 3. Section 34-23-90, Code of Alabama 1975, as
last amended by Act 2025-372 of the 2025 Regular Session, is
amended to read as follows:
"§34-23-90
(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
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(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
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g. One at-large pharmacist licensed by the board
appointed by the Speaker of the House of Representatives from
a list of three four names, with two names each submitted by
the Alabama Pharmacy Association from the two state pharmacy
schools .
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 respective appointing authority 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
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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.
(6) If an applicable nominating entity does not submit
a list of nominees for a board position within 45 days after a
vacancy occurs on the board, the applicable appointing
authority shall appoint a qualified individual. Each
appointing authority shall have 45 days within which to fill a
vacancy.
(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
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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."
Section 4. The Legislature concurs in the
recommendations of the Sunset Committee as provided in
Sections 1, 2, and 3.
Section 5. This act shall become effective June 1,
2026.
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2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB100
Senate 15-Jan-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 19-Feb-26
By: Senator Kelley
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