Alabama Attorney General Opinion 1979-0061

# OFFICE OF THE ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA File # 52 LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS, JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT February 9, 1979 ADMINISTRATIVE BUILDING 64 NORTH UNION STREET MONTGOMERY, ALABAMA 36130 AREA (205), 834-9150 79-00061 Mr. James A. Brice Assistant District Attorney P. O. Box 1135 Jackson, AL 36545 PHYSICIANS - Title 3-7-2(e) does not prohibit use of rabies vaccine for treatment of patients by physicians. Dear Mr. Brice: I am writing in response to your letter of January 15, 1979, requesting an opinion from this office as follows: The Clarke County Medical Society and the undersigned have interpreted the above Code Section as prohibiting the purchase or sale of antirabies vaccine by any duly licensed physician. If this be correct, the consequences are obvious in that no physician could treat any person bitten by a confirmed rabid animal. The standard and accepted treatment in such cases is the administration of antirabies vaccine. In effect treatment of persons so bitten by physicians is outlawed. Please review this Code section and give us your opinion. After careful consideration and discussion of this matter with physicians on the staff of the State Health Department, this office is of the opinion that the proper construction of Title 3-7-2(e), Code of Alabama 1975, is that the term "antirabies vaccine" be interpreted to refer only to the vaccine used for the prevention of the disease in animals and in no way relates to the vaccine used or the treatment of the disease in humans. I am advised by physicians in the Health Department that both duck embryo and diploid cell rabies vaccine are available to physicians throughout Alabama for use in treating their patients. Mr. James A. Brice Page 2 February 9, 1979 I hope the above is sufficient to answer your inquiry. If you have further questions please do not hesitate to contact me. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL By- L. G. KENDRICK ASSISTANT ATTORNEY GENERAL LGK:ln