HB123, a sunset bill addressing structural reforms and oversight for the Alabama Board of Pharmacy, received a favorable report Tuesday in the Senate County and Municipal Government Committee.
The bill, sponsored by State Rep. Kerry Underwood (R-Tuscumbia), implements recommendations from a recent sunset review of the board, streamlining board operations and clarifying regulatory authority.
HB123 proposes several significant changes, including the expansion of the Alabama Board of Pharmacy from five to nine members. The expanded board will include appointees from the governor, lieutenant governor, Speaker of the House, Senate President Pro Tempore and pharmacy schools across the state.
Additionally, the bill aims to standardize fines, penalties and fees, ensuring they align with statutory authority and prohibiting excessive charges against non-licensed entities.
During the committee discussion, an amendment was adopted that allows pharmacy schools to present names for board appointments and adjusts penalties within a specified range.
State Sen. Keith Kelly (R-Anniston), who presented the amendment, emphasized the importance of restructuring appointments to ensure adequate representation.
A public hearing was held for the bill that drew both support and opposition. Proponents expressed concerns about the Alabama Pharmacy Association’s longstanding control over board appointments and stressed the need for independent oversight.
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Opponents requested that independent pharmacists be included in board appointments to maintain industry balance.
Another concern raised was the revenue-based fine structure, which critics argue could lead to financial exploitation of licensees.
An opponent of HB123 pointed out that the Pharmacy Board collected $4.4 million in licensing fees in 2023, with nearly $4 million allocated to salaries and benefits.
State Sen. Linda Coleman-Madison (D-Birmingham) questioned whether the changes would impose undue hardships on smaller pharmacies. “I just want to make sure that we as members don’t use this body as a way to be punitive against folks,” she said.
In response, Underwood highlighted findings from the state’s sunset audit, which identified 14 significant issues within the board’s current structure, including the controversial use of deferral agreements to quietly resolve regulatory violations. “We don’t want to micromanage pharmacies, just provide proper oversight,” Underwood said.
“If we tighten the rules and establish clear boundaries, this issue won’t come up again.”
The committee approved HB123, advancing it to the full Senate for further consideration. Today is the 11th legislative day.
Grace Heim is a state and political reporter for Yellowhammer News. You can follow her on X @graceeheim or email her at grace@yellowhammernews.com.
