Nyenta.com - Attorney Joseph C. Kreps Files Lawsuit to Stop Alabama State Board of Pharmacy's Unlawful "Revenue-First" Rulemaking

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BIRMINGHAM, Ala. - Nyenta -- By: Attorney Joseph C. Kreps, Kreps Law Firm, LLC

Attorney Joseph C. Kreps with Kreps Law Firm, LLC, filed a lawsuit in the Montgomery County Circuit Court (Case No. 03-CV-2026-900575.00) on April 3, 2026, against the Alabama State Board of Pharmacy (ALBOP), its individual board members, and key staff. The action seeks a declaratory judgment and an immediate stay of enforcement for a series of rules scheduled to take effect on April 13, 2026. The lawsuit alleges the rules are unlawful, procedurally defective, and in direct defiance of the mandates of the Alabama Legislature in Act 2025-372, signed into law on May 14, 2025.

ALBOP has been scorched in consecutive years by the Alabama Legislative Sunset Committee for predatory financial practices and other serious law violations. The Board has now moved to implement massive licensing fee increases and an administrative fine structure that treats pharmacists and other licensees as an involuntary revenue stream, while sitting on a reserve war chest of nearly $5,000,000.00. According to Kreps, "This Board is single-handedly destroying the profession of pharmacy in Alabama. It's got to be stopped."

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Lawsuit as a Last Resort

Kreps emphasized that this litigation was not the preferred path. "I would rather not be forced to keep suing this Board. A regulatory board that blatantly and unapologetically ignores the law repeatedly is unprecedented," Kreps said. "I tried to avoid this by notifying board members, staff, and general counsel of these legal errors and giving them every opportunity to correct them. They continue to ignore the law in favor of their own interests. It's extremely sad to me, honestly."

Key Allegations in the Complaint

ALBOP intentionally bypassed mandatory fiscal oversight by shamelessly certifying that astronomical licensing fee increases and fines have "No" economic impact. Based on rough calculations, these licensing fee increases will rake in an additional $1,500,000.00 per year into the Board's checkbook accounts held privately outside of the oversight of the State Treasury. Their $250,000.00-a-year Executive Secretary uses subordinates to sign rule filings apparently to avoid accountability. Further, the Board pushed through a statutorily unauthorized 10-year trap related to administrative fines and seeks the power to reclassify minor errors into career-ending disciplinary matters at their unbridled discretion. The Board admitted on March 18, 2026, that these fee hikes lacked required data and pulled certifications for some, but arbitrarily kept identical increases in place based on a perceived technicality.

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"This isn't the regulation of a profession; it's an on-going fiefdom designed to enrich insiders at the expense of the profession and ultimately, the citizens of Alabama," Kreps concluded. "When a state agency decides that legislative mandates are merely advisory suggestions, the entire system of healthcare in Alabama is at risk. We aren't stopping until this Board follows the law, ceases extorting money from licensees and embraces radical transparency."

For more information and to view the full complaint, visit Kreps Law Firm, LLC.

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About Kreps Law Firm, LLC: Kreps Law Firm, LLC, based in Birmingham, is a leading Alabama firm focused on professional board defense and Alabama administrative law. Led by Attorney Joseph C. Kreps, the firm is dedicated to protecting the licenses and livelihoods of healthcare and other professionals across the state.