AL Code § 34-24-70 (2021)
2021 Code of Alabama|Title 34 - Professions and Businesses.|Chapter 24 - Physicians and Other Practitioners of Healing Arts.|Article 3 - Physicians and Osteopaths.|Division 2 - Certificates of Qualification.|Division 1 - General Provisions.|Section 34-24-70 - Qualifications of Applicants.

Section 34-24-70Qualifications of applicants. (a) The following constitute the requirements for the issuance of a certificate of qualification for a license to practice medicine in this state: (1) MEDICAL EDUCATION REQUIREMENT. All applicants for a certificate of qualification shall present a diploma or evidence of graduation from any of the following institutions: a. A college of medicine or school of medicine accredited by the Liaison Committee on Medical Education. b. A college of osteopathy accredited by the Commission on Osteopathic College Accreditation. c. A college of medicine or school of medicine not accredited by the Liaison Committee on Medical Education which is approved by the Board of Medical Examiners. The board, within its discretion, may withhold approval of any college of medicine not designated in either paragraph a. or b. which: 1. Has had its accreditation withdrawn by a national or regional accreditation organization; or 2. Has had its authorization, certification, or licensure revoked or withdrawn by a national or regional governmental supervisory agency; or 3. Has been denied approval or has had its approval withdrawn by any national, state, or territorial licensing jurisdiction based upon an evaluation of the college of medicine or upon a finding of misconduct by the college; or 4. Has engaged in fraudulent, criminal, or other practices which are inconsistent with quality medical education, as determined by the board. (2) POSTGRADUATE EDUCATION REQUIREMENT. a. Applicants for a certificate of qualification who graduated from a college of medicine accredited by the Liaison Committee on Medical Education or a college of osteopathy accredited by the Commission on Osteopathic College Accreditation shall present evidence satisfactory to the board that the applicant has completed one year of postgraduate or residency training in any of the following programs: 1. A program accredited by the Accreditation Council for Graduate Medical Education. 2. A program accredited by the American Osteopathic Association. 3. A program accredited by the Accreditation Committee of the Royal College of Physicians and Surgeons of Canada. 4. A program accredited by the College of Family Physicians of Canada. b. All other applicants for a certificate of qualification who graduated from a college of medicine not accredited by the Liaison Committee on Medical Education or a college of osteopathy not accredited by the Commission on Osteopathic College Accreditation shall present evidence satisfactory to the board that the applicant has completed three years of postgraduate or residency training in any of the following programs: 1. A program accredited by the Accreditation Council for Graduate Medical Education. 2. A program accredited by the Commission on Osteopathic College Accreditation. 3. A program accredited by the Accreditation Committee of the Royal College of Physicians and Surgeons of Canada. 4. A program accredited by the College of Family Physicians of Canada. (3) EXAMINATION REQUIREMENTS. Applicants for a certificate of qualification shall achieve a passing score on one of the licensure examinations listed below. The minimum passing score, maximum number of attempts, and period of time within which all portions of the examination must be completed may be determined by rule of the Board of Medical Examiners. The following examinations shall satisfy this requirement: a. The United States Medical Licensing Examination. b. The Comprehensive Osteopathic Medical Licensing Examination or its predecessor examination administered by the National Board of Osteopathic Medical Examiners. c. The Licentiate of the Medical Council of Canada Examination. d. If the examination was completed before January 1, 2000, applicants by endorsement who are licensed in another state, the District of Columbia, a territory of the United States, or a province of Canada are eligible for licensure upon proof of a passing score on one of the following examinations: 1. The Federation Licensing Examination. 2. The National Board of Medical Examiners Examination. e. The board may establish by rule acceptable combinations of the Federation Licensing Examination, National Board of Medical Examiners Examination, and/or United States Medical Licensing Examination through January 1, 2000, in satisfaction of the examination requirement for a certificate of qualification. (4) APPLICATION FEE REQUIREMENT. Payment in advance to the board of the required application fee in an amount established in the rules of the board. This fee is not refundable once payment is received by the board. (5) CRIMINAL HISTORY BACKGROUND CHECK. In addition to other requirements established by law and for the purpose of determining an applicant's suitability for a certificate of qualification for a license to practice medicine, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints to the State Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints provided by each applicant for a certificate of qualification for a license to practice medicine to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the applicant and are payable directly to the board, or its designee. The State Board of Medical Examiners shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a certificate of qualification for a license to practice medicine in this state may be disclosed as may be necessary to support the denial. (6) ADDITIONAL REQUIREMENTS FOR EXAMINATION FOR CERTAIN APPLICANTS. a. All applicants who have not passed the United States Medical Licensing Examination, the Comprehensive Osteopathic Medical Licensing Examination, the Licentiate of the Medical Council of Canada Examination, or the Special Purpose Examination within 10 years immediately preceding the date of the application shall either: 1. Achieve a passing score on the Special Purpose Examination. 2. Be certified by or achieve a passing score on a recertification examination given by one of the specialty boards approved by the American Board of Medical Specialties or one of the specialty boards approved by the American Osteopathic Association within 10 years immediately preceding the date of the application. This requirement may be satisfied by active participation by the applicant in a maintenance of certification program, established by one of the specialty boards approved pursuant to this subparagraph, for a period of at least one year before submission of the application. b. All applicants who graduated from a college of medicine not accredited by the Liaison Committee of Medical Education or the Commission on Osteopathic College Accreditation shall achieve a certification given by the Education Council for Foreign Medical Graduates. (b) Administration of examinations by the board. (1) Applicants for a certificate of qualification who are applying for initial licensure in the State of Alabama, and who meet all qualifications for administration of Step 3 of the United States Medical Licensing Examination are eligible to take the United States Medical Licensing Examination. (2) The following individuals are eligible to take the Special Purpose Examination: a. Applicants who are applying for licensure in Alabama who are required to take the examination under another provision of this section. b. Individuals required to take the examination pursuant to an order or directive of the State Board of Medical Examiners or the Medical Licensure Commission. (3) Any individual eligible to take the Special Purpose Examination pursuant to paragraph a. or b. of subdivision (2) who has not achieved a passing score within three administrations shall no longer be eligible to take the Special Purpose Examination. (c) Grounds for denial of a certificate of qualification. The board may deny an application for a certificate of qualification on any of the following grounds: (1) Failure of the applicant to achieve a passing score on any examination required under this section. (2) Failure of the applicant to complete the application form as specified by the board or to provide additional information requested by the board in connection with the application, including failure to provide information to or submit to an evaluation recommended by the Alabama Physician Wellness Committee, or its designee. (3) A finding that the applicant has submitted or caused to be submitted false, misleading, or untruthful information to the board in connection with an application for a certificate of qualification. (4) Failure to appear before the board or a committee of the board if formally requested to appear in connection with an application for a certificate of qualification. (5) A finding by the board that the applicant has committed any of the acts or offenses constituting grounds to discipline the licensee to practice medicine in this state pursuant to, but not limited to, Sections 16-47-128, 34-24-360, and 34-24-57. (6) Failure of the applicant to comply with any of the requirements or rules for the issuance of a certificate of qualification for a license to practice medicine in this state. (d) Non-disciplinary citation with administrative charge. (1) When a ground for denial of a certificate of qualification exists, an applicant for a certificate of qualification may request in writing to the Board of Medical Examiners that a non-disciplinary citation with administrative charge be assessed against the applicant in lieu of a decision by the board to deny the application for a certificate of qualification. The board may grant, if it deems appropriate, a request for an assessment of a non-disciplinary citation with administrative charge and issue a certificate of qualification to the applicant. (2) The administrative charge shall be in amounts established by the board in its rules, not to exceed ten thousand dollars ($10,000). Payment of an administrative charge assessed in a non-disciplinary citation shall be made to the board prior to the issuance of a certificate of qualification. (3) The administrative charge is not refundable once payment is received by the board. The imposition of a non-disciplinary citation with administrative charge is considered public information and is not considered a disciplinary action against the applicant. (e) Withdrawal of application for certificate of qualification and certificate of qualification. (1) An applicant for a certificate of qualification shall have six months from the date the initial signed application form is received by the board to complete the application, except that an applicant for a certificate of qualification who is required to pass an examination as part of the application process shall have 12 months from the date the initial signed application form is received to complete the application. After the expiration of the deadline for completing an application established in the preceding sentence, an incomplete application shall be withdrawn by the board. (2) A certificate of qualification issued by the board shall be withdrawn by the board after a period of six months from the date of issuance unless the applicant has filed an application for a license to practice medicine with the Medical Licensure Commission of Alabama and paid the required fee. (3) If either an application for a certificate of qualification or a certificate of qualification is withdrawn by the board, the applicant, to reapply, shall submit a new application form including a new application fee. (f) Each applicant for a certificate of qualification shall be a citizen of the United States or, if not a citizen of the United States, a person who is lawfully present in the United States with appropriate documentation from the federal government. (Code 1907, §1627; Code 1923, §2837; Acts 1939, No. 448, p. 600, §1; Code 1940, T. 46, §259; Acts 1959, No. 109, p. 620, §1; Acts 1969, No. 617, p. 1124, §1; Acts 1975, 3rd Ex. Sess., No. 161, p. 405, §1; Acts 1975, 4th Ex. Sess., No. 93, p. 2771, §1; Acts 1976, No. 747, p. 1027, §1; Acts 1981, 3rd Ex. Sess., No. 81-1139, p. 415, §§2, 3; Acts 1983, 3rd Ex. Sess., No. 83-812, p. 24, §1; Acts 1983, 3rd Ex. Sess., No. 83-827, p. 47, §1; Acts 1987, No. 87-775, p. 1514, §2; Acts 1993, No. 93-148, p. 202, §3; Act 99-103, p. 123, §1; Act 2002-140, p. 359, §1; Act 2004-374, p. 604, §1; Act 2007-402, p. 807, §1; Act 2008-397, p. 771, §1; Act 2009-34, p. 113, §3; Act 2021-100, §1.)