Ala. Admin. Code r. 540-X-19-.02 - Definitions
The following definitions shall apply to the rules in this chapter:
(1) ACUTE PAIN. The normal,
predicted, time-limited physiological response to nociceptive stimuli such as
injury, trauma or illness.
(2)
APPLICANT. A person who has submitted or who is in the process of submitting a
registration under this article.
(3) BOARD. The Alabama Board of Medical
Examiners.
(4) CHRONIC
NON-MALIGNANT PAIN. Chronic pain that is not associated with active cancer and
does not occur at the end of life.
(5) CHRONIC PAIN. A state in which pain
persists beyond the usual course of an acute disease or healing of an injury
(e.g., more than three months), and which may or may not be associated with an
acute or chronic pathological process that causes continuous or intermittent
pain over a period of months or years.
(6) CONTROLLED SUBSTANCE. A drug, substance,
or immediate precursor identified, defined, or listed in §§
20-2-20
to
20-2-32,
Code of Ala. 1975, as amended, inclusive.
(7) DISPENSE. To provide, distribute or give
to a patient for the patient's use any controlled substance, except prepackaged
samples and/or starter packs, where such controlled substances are purchased by
the physician or osteopath for resale to a patient whether or not a separate
charge is made for the controlled substance. Prepackaged samples and starter
packs shall mean those controlled substances which are packaged and labeled by
the manufacturer in individual or small dosage units and which are intended to
be distributed to patients for consumption or administration within a limited
period of time. Controlled substances which are consumed by or which are
administered to patients while being treated in the physician's office, clinic,
hospital or other facility are not considered to be dispensed for the purposes
of this rule. Dispensing occurs when a physician or osteopath provides, gives
or distributes controlled substances for consumption or administration by
patients off the premises of the clinic, hospital or other facility where the
physician or osteopath practices, without respect to whether such controlled
substances are purchased by an individual physician or osteopath, a
professional association or professional corporation, a for-profit or
not-for-profit corporation, a hospital, clinic or other medical facility. For
purposes of this Chapter, dispensing shall not apply to the dispensing of
controlled substances to patients treated in any hospital emergency room
provided that (a) the patient has registered for treatment in the hospital
emergency room and was treated by the emergency room physician on duty and (b)
the controlled substances dispensed are subject to inventory, accounting and
security controls and policies of the hospital pharmacy or the emergency room
department. For purposes of this definition, a controlled substance is any drug
or substance listed in Schedules II through IV of the Alabama Uniform
Controlled Substance Act, Code of Ala. 1975,
§§
20-2-1, et
seq.
(8) HOSPITAL. A health care
institution licensed by the Alabama Department of Public Health and has the
same definition as provided in Chapter 420-5-7 of the Alabama Administrative
Code. The term shall include any outpatient facility or clinic that is
separated from the hospital that is owned, operated, or controlled by the
hospital.
(9) PAIN MANAGEMENT
SERVICES. Those medical services that involve the prescription of controlled
substances in order to treat chronic non-malignant pain by a physician who
treats pain. For the purposes of this rule, the provision of pain management
services shall mean:
(a) A physician practice
which advertises or holds itself out to the public as a provider of pain
management services; OR
(b) A
physician practice which dispenses opioids; OR
(c) A physician practice in which any of the
providers of pain management services are rated in the top three percent (3%)
of practitioners who prescribe controlled substances in Alabama in Schedules
II, UN, III, IIIN, and IV, determined by the Alabama Prescription Drug
Monitoring Database on an annual basis.
(10) PHYSICIAN. A doctor of medicine or an
osteopathic physician.
(11)
REGISTRANT. Any physician issued a registration by the Board in its capacity as
a certifying board pursuant to §
20-2-2,
Code of Ala. 1975, as amended.
(12) UNRESTRICTED. When referring to a
license to practice medicine, an Alabama Controlled Substances Certificate
(ACSC) , or a Drug Enforcement Administration (DEA) registration, a license,
certificate, or registration which is unencumbered by any restriction or
condition or which is otherwise not subject to current discipline, and which
has not been revoked, suspended, placed on probation, or voluntarily
surrendered while under investigation within the past five (5) years.
Notes
Author: Alabama Board of Medical Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-24-53; Act 2013-257.
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