Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.09 - Conduct Of Investigations By The Board Of Medical Examiners

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board of
			 Medical Examiners may on its own motion, or in response to any complaint
			 submitted to the Board, investigate any evidence which appears to show that a
			 physician or osteopath holding a certificate of qualification to practice
			 medicine or osteopathy in the State of Alabama is or may be guilty of any of
			 the acts, offenses or conditions set out in
Code of Ala.
			 1975
, §
								34-24-360. In carrying out its
			 investigations, the Board is authorized to subpoena witnesses and to demand the
			 production of documents, records and papers which it deems pertinent to any
			 matters under investigation. The Board may within its discretion convene an
			 investigative hearing which may be closed to the public and may receive
			 testimony under oath and documentary evidence concerning any matter under
			 investigation. At such hearings the Board may compel the attendance of
			 witnesses by subpoena and the production of records, documents, and papers for
			 its consideration. Any hearings convened by the Board of Medical Examiners
			 pursuant to its investigative authority are not to be deemed contested cases
			 under the Alabama Administrative Procedure Act.
(2) At such time as the Board may determine
			 that there is probable cause to believe that a physician or osteopath is guilty
			 of any of the acts, offenses, or conditions enumerated in
Code of
			 Ala. 1975
, §
								34-24-360, then the Board may
			 direct that a written administrative complaint be prepared and filed with the
			 Medical Licensure Commission. The administrative complaint shall be executed by
			 the chairman of the Board, or the executive director of the Board, or any
			 member designated by the Board and shall request that the Medical Licensure
			 Commission issue an order directing the respondent to appear and answer the
			 allegations of the administrative complaint.
(3) In the event that the Board of Medical
			 Examiners determines that there exists sufficient evidence to indicate that a
			 physician's or osteopath's continuation in practice presents an immediate
			 danger to his patients or to the public, then in such event the Board may
			 certify such facts and request that the Medical Licensure Commission
			 temporarily suspend the license of such a physician or osteopath without a
			 hearing immediately upon the filing of a complaint by the Board of Medical
			 Examiners.
(4) At any time in the
			 course of an investigation the Board may, within its discretion, issue a letter
			 of concern to the physician or osteopath who is the subject of the
			 investigation. A letter of concern shall consist of a private, confidential,
			 written communication from the Board of Medical Examiners to the physician or
			 osteopath, the contents of which shall be specified by the Board. A letter of
			 concern shall not be considered a disciplinary action and is not intended to
			 communicate a finding on the part of the Board that the physician or osteopath
			 to whom the letter of concern is directed will be charged with or has been
			 found guilty of any wrong doing. The purpose of the letter of concern is to
			 provide notice to the physician or osteopath under investigation that the Board
			 has concluded that the actions or conduct in question may not be in accord with
			 generally accepted standards of medical practice and/or may be detrimental to
			 patient care. The issuance of a letter of concern by the Board of Medical
			 Examiners shall not preclude the Board from taking any other action authorized
			 by law, including the filing of a written complaint with the Medical Licensure
			 Commission in accordance with paragraph (2) of this Rule. A letter of concern
			 shall be deemed a non-public record of the Board of Medical Examiners under the
			 provisions of Rule
			 540-X-1-.03(5).
			 The Board within its discretion, if applicable, may notify the person or
			 persons whose compliant led to the Board's investigation that the physician or
			 osteopath in question has been sent a letter of concern. The Board may make
			 public statistical reports concerning the number and type of letters of concern
			 issued by the Board.
(5)
(a) Every physician licensed to practice
			 medicine or osteopathy in the State of Alabama who accepts the privilege of
			 practicing medicine or osteopathy in the State of Alabama by actually
			 practicing or by the making and filing of an annual registration to practice
			 medicine shall be deemed to have given his consent to submit to a mental,
			 physical or laboratory examination or to any combination of such examinations
			 and to waive all objections to the admissibility of the examining physician's
			 testimony or examination reports on the ground that they constitute privileged
			 doctor-patient communications. Upon receipt of credible information that a
			 physician or osteopath in this state has been evaluated or has received
			 inpatient or outpatient treatment for any physical, psychiatric or
			 psychological illness or for chemical dependency, drug addiction, or alcohol
			 abuse the board may order that the physician execute and deliver to the board
			 an authorization and release form directed to each and every facility or
			 treatment provider authorizing and directing the release to the board of any
			 reports of evaluation, mental or physical or examination, including
			 psychiatric, psychological and neuropsychiatric examinations, hospital and
			 treatment provider medical records, reports of laboratory tests for the
			 presence of alcohol or drugs, rehabilitation records or mental competency
			 evaluations. Any and all expenses incurred in the furnishing of the reports,
			 records or documents which are the subject of an order issued by the board
			 shall be borne by the physician or osteopath who is the subject of the
			 order.
(b) Failure or refusal by
			 the physician or osteopath to comply with an order of the board directing the
			 execution and delivery to the board of an authorization and release form as
			 provided in paragraph (5)(a) above shall constitute grounds for the summary
			 suspension of the physician's or osteopath's license to practice medicine by
			 the Medical Licensure Commission, which suspension shall continue in effect
			 until such time as the physician or osteopath complies with the order of the
			 board or the order is withdrawn by the board or the order is terminated by the
			 Medical Licensure Commission after a hearing. The provisions of this subsection
			 supersede any provisions of Section
			 41-22-19(d) of
			 the Alabama Administrative Procedure Act that are in conflict.
(c) All reports, records, and documents
			 released to the board under the provisions of paragraph (5)(a) above are hereby
			 declared to be privileged and confidential and shall not be public records nor
			 available for court subpoena or for discovery proceedings but may be used by
			 the board in the course of its investigations and may be introduced as evidence
			 in administrative hearings conducted by the board or the Medical Licensure
			 Commission. Nothing contained herein shall apply to records made in the regular
			 course of business of an individual; documents or records otherwise available
			 from original sources are not to be construed as immune from discovery or use
			 in any civil proceedings merely because they were presented or considered
			 during the proceedings of the Board of Medical Examiners or the Medical
			 Licensure Commission.