reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.21 - State Testing Laboratories' License Renewal Process And Procedures; Use Of Independent Third-Party Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
State Testing Laboratories' renewal process and procedures,
				and the Commission's use of independent third-party consultants to inspect and
				evaluate State Testing Laboratories, shall be governed by Rule 538-X-4-.13 of
				Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.22 - State Testing Laboratories' License Renewal Fees

Current through Register Vol. 42, No. 9, June 28, 2024
License renewal fees for State Testing Laboratories shall be
				governed by Rule 538-X-4-.14 of Chapter 4 of these Rules. License renewal fees
				shall be set forth on the schedule of fees maintained by the Commission on the
				AMCC website.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.23 - Non-Renewal Of State Testing Laboratories' Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
Non-renewal of State Testing Laboratories' licenses shall be
				governed by Rule 538-X-4-.15 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.24 - State Testing Laboratories' Transfer Of Licenses; Change Of Ownership

Current through Register Vol. 42, No. 9, June 28, 2024
State Testing Laboratories' transfer of licenses and change of
				ownership shall be governed by Rule 538-X-4-.16 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.25 - Marketing And Advertising By Integrated Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
State Testing Laboratories' duties with respect to
				Advertising, except as specifically modified within these Rules, shall be
				governed by Rule 538-X-4-.17 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.26 - Relocation Of State Testing Laboratories' Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Relocation of State Testing Laboratories' facilities shall be
				governed by Rule 538-X-4-.18 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.27 - Material Change In State Testing Laboratories' Information

Current through Register Vol. 42, No. 9, June 28, 2024
Rules regarding a material change in State Testing
				Laboratories' Information previously provided to the Commission shall be
				governed by Rule 538-X-4-.19 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.28 - Temporary Licenses For State Testing Laboratories

Current through Register Vol. 42, No. 9, June 28, 2024
Rules regarding temporary licenses for State Testing
				Laboratories shall be governed by Rule 538-X-4-.20 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.29 - State Testing Laboratories' Surrender Of License; Cessation Of Operations

Current through Register Vol. 42, No. 9, June 28, 2024
A State Testing Laboratory's surrender of license and/or
				cessation of operations shall be governed by Rule 538-X-4-.21 of Chapter 4 of
				these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.30 - Disciplinary Actions Against State Testing Laboratories

Current through Register Vol. 42, No. 9, June 28, 2024
Disciplinary Actions against State Testing Laboratories shall
				be governed by Rule 538-X-4-.22 of Chapter 4 of these Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Section 538-X-10-.31 - State Testing Laboratories' Appeals From Adverse Decisions By The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
State Testing Laboratories' appeals from adverse decisions by
				the Commission shall be governed by Rule 538-X-4-.23 of Chapter 4 of these
				Rules.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-10 - Regulation of State Testing Laboratories › Appendix A - Test And Test Standards Of State Testing Laboratories

Current through Register Vol. 42, No. 9, June 28, 2024
The tests required by a State Testing Laboratory, by
				product, shall be as follows:
Click to
				view image
Click to
				view image
Click to
				view image
Click to
				view image
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.01 - Composition Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Censors of the Medical Association of the State of
				Alabama, as constituted under the laws now in force, or which may hereinafter
				be in force, and under the constitution of said association, as said
				constitution now exists or may hereafter exist, is constituted the State Board
				of Medical Examiners.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.02 - Officers Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall elect from its members a chairman and a vice chairman. The election
			 of officers shall be held annually.
(2) The duties of the officers shall be as
			 follows:
(a) The chairman shall preside at
			 meetings of the Board and appoint members to serve on such committees as may be
			 created. No Board member may be appointed to the Credentials Committee if the
			 member is serving on any board of any malpractice insurance company or health
			 insurance company to which the member owes a fiduciary duty.
(b) The vice chairman shall preside in the
			 absence of the chairman and shall assume the duties of the chairman when
			 necessary.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.03 - Meetings Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Board shall hold regularly scheduled meetings.
(2) Special meetings may be called at the
			 request of the chairman.
(3) At
			 least six members of the Board shall constitute a quorum and as such shall be
			 competent to act.
(4) The executive
			 director or his designee shall keep a record of all meetings. The place of each
			 meeting of the Board, names of the members present, all official acts of the
			 Board, and the votes shall be recorded in the minutes. The minutes shall be
			 presented for approval or amendment at the next regular meeting, which upon
			 approval will be signed and each page initialed by the chairman. The minutes,
			 not including any section relating to the good name or character of an
			 individual, shall be open to public inspection.
(5) All meetings of the Board, not including
			 any part relating to the good name or character of an individual, shall be open
			 and public. All reports of investigations; documents subpoenaed by the Board;
			 reports of any investigative committee appointed by the Board; memoranda of the
			 Board's counsel relating to investigations; statements of persons interviewed
			 by the Board or any committee of the Board; all information, interviews,
			 reports, statements or memoranda of any king furnished to the Board or any
			 committee of the Board; and any findings, conclusions or recommendations
			 resulting from proceedings of the board or any committee of the Board, unless
			 presented as evidence at a public hearing, shall be privileged and
			 confidential, shall be used only in the exercise of the proper functions of the
			 Board, and shall not be public records nor be available for court subpoena or
			 for discovery proceedings. Meetings of the Board in which any of the
			 aforementioned items are received, reviewed, deliberated, voted on, or acted on
			 by the Board shall be closed sessions, and any report or recording of the
			 meeting shall be privileged and confidential.
(6) Meetings of the Board are governed by
Sturgis Standard Code of Parliamentary Procedure
and/or any amendments adopted by the Board.
Authors:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§ 6-5-533,
				  34-24-53,
				  34-24-58; Ala. Act No.
				  2021-100.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.04 - Executive Director

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board
			 shall employ a qualified individual to serve as Executive Director, whose
			 duties, responsibilities and compensation shall be set by the Board.
(2) The Board may, from time to time, direct
			 that the Executive Director perform, execute or carry out specific duties on
			 behalf of the Board. The Executive Director may delegate duties to the
			 Associate Executive Director.
(3)
			 The Executive Director and the Associate Executive Director are authorized by
			 the Board to perform, execute or carry out on behalf of the Board duties
			 including, but not limited to the following:
(a) Sign interim confidential orders,
			 including orders for urine/blood drug screens, for psychiatric, psychological
			 and neuropsychological evaluations, for professional sexual misconduct
			 evaluations, for any physical examination/evaluation, for any mental
			 examination/evaluation, for any laboratory examination/evaluation, for chemical
			 dependency evaluations, for release of evaluation/examination records, for
			 testing for medical knowledge, for evaluation of clinical competency, and for
			 obtaining continuing medical education relating to prescribing
			 practices.
(b) Sign subpoenas and
			 subpoenas duces tecum.
(c) Sign
			 administrative complaints, orders to show cause, and notices of
			 hearings.
(d) Sign letters of
			 concern.
(e) Sign letters
			 requesting that a physician attend an interview with the Board.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.05 - Staff/Administrative Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
The Board or the executive director with the concurrence of the
				Board shall employ qualified individuals to serve as staff and/or
				administrative personnel, including investigators. The duties, responsibilities
				and compensation for each such employee shall be set by the Board or the
				executive director with the concurrence of the Board.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.06 - Information

Current through Register Vol. 42, No. 9, June 28, 2024
Members of the general public may obtain information or make
				submissions or requests to the Executive Director, Alabama Board of Medical
				Examiners, P. O. Box 946, Montgomery, Alabama 36104.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.08 - Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 rules and regulations of the Board shall be adopted, amended or repealed in
			 accordance with the Alabama Administrative Procedure Act.
(2) Prior to adoption, amendment or repeal of
			 any rule the Board shall:
(a) Give at least
			 thirty-five days' notice of its intended action--such notice shall include a
			 statement of either the terms of substance of the intended action or a
			 description of the subjects and issues involved, and the time when, the place
			 where, and the manner in which interested persons may present their views
			 thereon--and the notice shall be published in the Alabama Administrative
			 Monthly; and
(b) Afford all
			 interested persons reasonable opportunity to submit data, views, or arguments,
			 orally or in writing. The Board shall consider fully all written and oral
			 submissions respecting the proposed rule.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.09 - Petition For Adoption, Amendment Or Repeal Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person may petition the
			 Board requesting the adoption, amendment or repeal of a rule. The petition
			 shall:
(a) Be submitted in writing;
(b) Include an exact statement of the
			 proposed rule, amendment or identification of the rule to be
			 repealed;
(c) Include the pertinent
			 facts, data, opinions or arguments in support of the petitioner's
			 position.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.10 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any persons
			 substantially affected by a rule may petition the Board for a declaratory
			 ruling with respect to the validity of a rule or the applicability to any
			 person, property or state of facts of any rule or statute enforceable by it or
			 with respect to the meaning and scope of any order of the Board.
(2) The petition shall be in writing and
			 shall include:
(a) The name and address of the
			 petitioner;
(b) A statement of
			 facts sufficient to show that the person seeking relief is substantially
			 affected by the rule;
(c) The rule,
			 statute or order and the reasons for the questions.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.11 - Public Inspection Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All rules and other written statements of policy or interpretations formulated,
			 adopted or used by the Board in the discharge of its functions shall be made
			 available for public inspection and copying, at cost.
(2) All final orders, decisions and opinions
			 of the Board shall be available for public inspection and copying, at cost,
			 except those expressly made confidential or privileged by statute or order of
			 the court.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.12 - Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may
			 employ consultants to render professional services such as medical record
			 review and providing expert testimony in contested cases to aid the Board in
			 carrying out the purposes of the laws regulating the practice of medicine or
			 osteopathy within the State of Alabama. Consultants may be compensated for
			 professional services rendered at a maximum rate of up to $300.00 per hour,
			 but, in extraordinary cases and at the discretion of the Board, a maximum rate
			 of $500.00 per hour may be approved. In addition, consultants may be reimbursed
			 for actual reasonable expenses for travel, lodging, meals, long distance
			 telephone expense, and other expenses reasonably incurred in the performance of
			 the consultant's professional services.
(2) Members of the Board of Medical Examiners
			 may render professional services to the Board as consultants when approved by
			 the Board and may be reimbursed for such services rendered and for expenses as
			 stated in paragraph (1) of this rule; provided, however, that no Board member
			 shall be reimbursed under paragraph (1) of this rule for any day that such
			 Board member receives per diem and mileage reimbursement for attendance at
			 Board functions and travel pursuant to
Code of Ala.
			 1975
, §
								34-24-54.
Author:
Wendell R. Morgan
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-313.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.13 - Board Listings Of Assistants To Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall publish, on a periodic
			 basis, a current listing of all assistants to physicians in all categories
			 established pursuant to
Code of Ala. 1975
, §
								34-24-293(b), who
			 are certified by the Board. The published listing shall contain the following:
			 the name of each assistant; the name of the physician to whom each assistant is
			 certified; the address of each assistant/physician practice location; each
			 assistant's certification number provided by the Board; the issuance date of
			 each certification; and the renewal history of each certification.
(2) The cost of the published listing shall
			 be $50.00.
Author:
Patricia E. Shaner, Associate General
				Counsel for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53(a),
				  34-24-293(a).
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.14 - Fees Associated With Release Of Data

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following fee schedule will apply to
			 all organizations (except state and local government agencies) requesting
			 information from the Board of Medical Examiners/Medical Licensure Commission
			 database:
(a) A fee of ten cents ($.10) per
			 record, up to ten (10) data fields, and a fee of one cent ($.01) for each data
			 field exceeding ten (10) will be charged. These fees apply to data released via
			 email or CDROM disks in Microsoft Excel format;
(b) Additional charges will incur for (but
			 may not be limited to) the cost of CDROM-disks ($2.00 each) plus
			 postage;
(c) A minimum total fee of
			 $100.00 will be charged for each request.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.15 - Fee For Application Packets. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Patricia E. Shaner, Associate General
				  Counsel for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53(a),
				  34-24-293(a).
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.17 - Expenses Associated With Official Meetings or Functions

Current through Register Vol. 42, No. 9, June 28, 2024
Members of the Alabama Board of Medical Examiners shall receive
				per diem at the maximum, amount authorized by
Code of Ala.
				1975
, §
								34-24-54 for attendance at an
				official meeting or function of the Alabama Board of Medical Examiners or the
				Medical Licensure Commission of Alabama. In addition, each Board member shall
				receive reimbursement for subsistence and travel in accordance with state law
				for each day actively engaged in the duties of office.
Author:
Alabama State Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53,
				  34-24-54.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.18 - Dishonored Checks

Current through Register Vol. 42, No. 9, June 28, 2024
If the Board receives a check that has been dishonored by the
				financial institution from which it was drawn, the Board may charge a
				dishonored check fee as set by the Code of Alabama and established by these
				regulations. Pursuant to Code of Ala. 1975, Section
				8-8-15, this fee of $30.00 must
				accompany any check, or other negotiable instrument drawn on a bank or other
				depository institution and made payable to the Board, if the instrument is not
				paid or is dishonored by the institution. Unless otherwise provided, the Board
				shall not process, or shall rescind as incomplete, any application, license,
				certificate, or renewal thereof until such time as this fee, including the
				amount of the dishonored check, has been received by the
				Board.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										8-8-15,
				  34-24-53,
				  34-24-53.1
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Section 540-X-1-.19 - Public Records Requests

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Types of records requests.
(a) Standard
			 request. A public records request that seeks one or more specifically and
			 discretely identified public records that the Board determines would take less
			 than eight hours of staff time to process considering the time needed to
			 identify and retrieve any responsive records and to redact or take other
			 measures to withhold legally protected information. A standard request should
			 require no or minimal clarification by the requester.
(b) Time-intensive request. A public records
			 request that the Board determines would take more than eight hours of staff
			 time to process considering the time needed to identify and retrieve any
			 responsive records - including because the request is vague or overly broad -
			 and anytime needed to redact or take other measures to withhold legally
			 protected information.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Appendix A

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama State Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53,
				  Act
				  2007-402.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-1 - ORGANIZATION AND ADMINISTRATION › Appendix B - Application: Collaborative Practice Registration Renewal (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Alabama State Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53, Act 2007-402.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-2 - DEFINITIONS › Section 540-X-2-.02 - Definitions Applicable To Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
These rules incorporate by reference those definitions
				contained in
Code of Ala. 1975
, §§
								20-2-2,
				41-22-3, unless the context
				clearly indicates otherwise. For the purposes of these rules the following
				words and phrases shall have the respective meanings ascribed by this
				section:
(a)
Applicant
shall mean a physician licensed to practice medicine or osteopathy in the State
			 of Alabama who has applied for an Alabama Controlled Substance Registration
			 Certificate.
(b)
Board
shall mean the Alabama State Board of Medical Examiners.
(c)
Certificate
shall mean an
			 Alabama Uniform Controlled Substances Certificate.
(d)
Certifying Board
shall mean
			 the Alabama State Board of Medical Examiners, unless some other certifying
			 board is designated.
(e)
Complainant
shall mean that individual designated by the Board to
			 prepare and prosecute complaints in contested cases.
(f)
Hearing Officer
shall mean
			 an individual designated as a hearing officer by the Alabama State Board of
			 Medical Examiners and appointed pursuant to these rules.
(g)
Legitimate Medical Purpose
shall mean a therapeutic treatment regimen or program generally recognized and
			 accepted in the field of medical science as being safe and effective in the
			 diagnosis, treatment, correction or alleviation of the specific medical
			 condition of the patient under all relevant circumstances.
(h)
Parties
shall mean the
			 complainant, the registrant or applicant and any person permitted to intervene
			 in a contested case.
(i)
Proper Medical Management
shall mean those procedures and steps as
			 undertaken by a reasonably competent and well-trained physician in the
			 treatment of the medical condition of a patient giving due consideration to the
			 potential risk of harmful side effects, including addiction to the drug or
			 other medication in question.
(j)
Registrant
shall mean a physician licensed to practice medicine or
			 osteopathy in the State of Alabama who is duly issued an Alabama Controlled
			 Substance Registration Certificate.
(k)
Registration
shall mean an
			 Alabama Uniform Controlled Substances Certificate.
(l)
Licensed Practitioner Specializing
			 in the Treatment of Depression
shall mean a psychiatrist licensed to
			 practice medicine in the State of Alabama or a physician or osteopath licensed
			 to practice medicine in the State of Alabama who devotes a substantial portion
			 of his practice to the specialized treatment of mental or emotional illness.
Author:
Wendell R. Morgan
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2-53;
				  20-2-54;
				  34-24-53;
				  34-24-70,
				  34-24-73,
				  34-24-75;
				  41-22-1,
et
seq
.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-2 - DEFINITIONS › Section 540-X-2-.03 - Definitions Generally Applicable

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Unless otherwise indicated from the context, the following definitions shall
			 apply to the Rules of the Alabama Board of Medical Examiners:
(a) PHYSICIAN. Either a doctor of medicine or
			 a doctor of osteopathy.
(b)
			 LICENSED TO PRACTICE MEDICINE. Both the practice of medicine by a doctor of
			 medicine or the practice of osteopathy by a doctor of osteopathy.
(c) DOCTOR. Both doctors of medicine and
			 doctors of osteopathy.
(d)
			 EXPEDITED LICENSE. Any license, certificate of qualification, or certification
			 of eligibility for any license or certificate of qualification, that is
			 intended by statute or administrative regulation to be issued in an accelerated
			 manner.
(e) LEGEND DRUG. Any drug
			 medicine, chemical, or poison, bearing on the label the words, "Caution:
			 Federal Law prohibits dispensing without a prescription" or similar words
			 indicating that the drug, medicine, chemical, or poison may be sold or
			 dispensed only upon the prescription of a licensed medical practitioner, except
			 that the term legend drug shall not include any drug, substance, or compound
			 that is listed in Schedules I through V of the Alabama Uniform Controlled
			 Substances Act.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.01 - General Requirements that Apply to all Applicants for a Certificate of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
All Applicants For A Certificate Of Qualification. All
				applicants for a certificate of qualification shall satisfy the requirements of
				Rules to 540-X-3-.10, inclusive, complete
				the Federation of State Medical Boards (FSMB) on-line Uniform Application, and
				submit to FSMB the Sixty-Dollar ($60.00) Uniform Application fee, or the fee in
				effect at the time of the application published by FSMB. This fee is not
				refundable once payment is received by the Board.
Authors:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 93-148.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.02 - Medical Education Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) 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 and whose
			 graduates are eligible for examination by the Education Commission for Foreign
			 Medical Graduates (ECFMG) for its certificate. The Education Commission for
			 Foreign Medical Graduates (ECFMG) and its sponsoring organizations define a
			 "graduate of a foreign medical school" as a physician whose basic medical
			 degree or qualification was conferred by a medical school located outside the
			 United States, Canada, and Puerto Rico. The medical school must be listed, at
			 the time of an applicant's graduation, in the
World Directory of
			 Medical Schools
published by the World Health Organization or in the
			 International Medical Education Directory published by the Foundation for
			 Advancement of International Medical Education and
			 Research.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.03 - Post-Graduate Education Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) 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 (1) year of
			 post-graduate or residency training in any of the following programs:
(a) A program accredited by the Accreditation
			 Council for Graduate Medical Education.
(b) A program accredited by the American
			 Osteopathic Association.
(c) A
			 program accredited by the Accreditation Committee of Royal College of
			 Physicians and Surgeons of Canada
(d) A program accredited by the College of
			 Family Physicians of Canada.
(e)
			 Documentation submitted through the Federation Credentials Verification Service
			 (FCVS) may be accepted to demonstrate compliance with subparagraphs (a), (b),
			 (c), and (d) above.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.05 - Criminal History Background Check

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Beginning October 1, 2008, all applicants
			 for a certificate of qualification or certification of eligibility for any
			 expedited license shall submit to a criminal history background check by the
			 Board by providing fingerprints and executing a criminal history information
			 release using forms provided by the Board.
(a)
			 Each applicant shall submit a complete set of fingerprints, either inked cards
			 or electronically, properly executed by a law enforcement agency or an
			 individual properly trained in fingerprinting techniques.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.06 - Education Council For Foreign Medical Graduates (ECFMG) Certification Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 applicants who graduated from a college of medicine not accredited by the
			 Liaison Committee of Medical Education or the American Osteopathic Association
			 shall achieve certification given by the Education Council for Foreign Medical
			 Graduates or shall achieve a Fifth Pathway Certification and pass the
			 examination administered by the Education Council For Foreign Medical
			 Graduates. For the purposes of this rule, Fifth Pathway Certification and
			 passage of the examination administered by the Education Council For Foreign
			 Medical Graduates is hereby deemed equivalent to certification given by the
			 Education Council For Foreign Medical Graduates. Proof of certification or
			 passage of the examination must be sent directly from the Education Council for
			 Foreign Medical Graduates to the Alabama State Board of Medical Examiners.
			 Proof of Fifth Pathway Certification must be sent directly from the certifying
			 agency to the Alabama State Board of Medical Examiners.
(2) Documentation submitted through the
			 Federation Credentials Verification Service (FCVS) may be accepted to
			 demonstrate compliance with the requirements of this rule.
Rule 05 was renumber to .06 as per certification filed
				  October 15, 2008; effective November 19,
				  2008.
Author:
Wendell R. Morgan, Patricia E. Shaner,
				  Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 93-148.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.07 - Additional Requirements For Examination For Certain Applicants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The SPEX shall
			 be administered at dates and times to be established by the Examination Board
			 of the Federation of State Medical Boards of the United States, Inc. pursuant
			 to policies and procedures established by the Federation of State Medical
			 Boards of the United States, Inc.
(2) SPEX Eligibility:
(a) The following individuals are eligible to
			 take the Special Purpose Examination in Alabama:
1. Applicants who are applying for licensure
			 in Alabama who are required to take the examination under another provision of
			 this section.
2. Individuals
			 required to take the examination pursuant to an order or directive of the State
			 Board of Medical Examiners or the Medical Licensure Commission.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.08 - Fees Payable For Applicants For Certificates Of Qualification For Licensure To Practice Medicine In Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All applicants for a certificate of
			 qualification whether by examination, endorsement, or without examination
			 (limited license) shall submit an application fee in the amount of One Hundred
			 and Seventy-five ($175.00) Dollars.
(2) In addition to the application fee stated
			 above, those applicants for a certificate of qualification by examination
			 (USMLE) and/or those applicants for a certificate of qualification who are
			 required by these rules to take and pass the SPEX examination shall submit
			 examination fees according to the following schedule:
(a) Those applicants for a certificate of
			 qualification by USMLE examination shall pay an examination fee which shall
			 include the following:
1. That fee which,
			 pursuant to an Official Notice from the United States Medical Licensing
			 Examination, is in effect at the time the application for a certificate of
			 qualification by examination is filed with the Alabama Board of Medical
			 Examiners.
2. A fee for
			 administration cost to be set on an annual basis. All Official Notices
			 regarding USMLE fees and any administration fee shall be kept on file in the
			 office of the Executive Director of the Alabama State Board of Medical
			 Examiners.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.09 - Fees Payable for Applicants for Certificates of Qualification for Licensure to Practice Medicine in Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All applicants for a certificate of
			 qualification whether by examination, endorsement, or without examination
			 (limited license) shall submit an application fee in the amount of One Hundred
			 and Seventy-five ($175.00) Dollars.
(2) Beginning October 1, 2008, all applicants
			 for a certificate of qualification for a full license to practice medicine
			 shall pay a criminal history background check fee of Sixty-five Dollars
			 ($65.00)
(3) All applicants for a
			 certificate of qualification for a full license to practice medicine shall
			 submit the Sixty-Dollar ($60.00) application fee, or the fee in effect at the
			 time of the application published by the Federation of State Medical Boards
			 (FSMB), to FSMB.
(4) In addition to
			 the application fee stated above, those applicants for a certificate of
			 qualification by examination (USMLE) and/or those applicants for a certificate
			 of qualification who are required by these rules to take and pass the SPEX
			 examination shall submit examination fees according to the following schedule:
(a) Those applicants for a certificate of
			 qualification by USMLE examination shall pay an examination fee which shall
			 include the following:
1. That fee which,
			 pursuant to an Official Notice from the United States Medical Licensing
			 Examination, is in effect at the time the application for a certificate of
			 qualification by examination is filed with the Alabama Board of Medical
			 Examiners.
2. A fee for
			 administration cost to be set on an annual basis. All Official Notices
			 regarding USMLE fees and any administration fee shall be kept on file in the
			 office of the Executive Director of the Alabama State Board of Medical
			 Examiners.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.10 - Application Forms Required For A Certificate Of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The application
			 for a certificate of qualification by examination is contained in Appendix A to
			 Chapter 3.
(2) The application for
			 a certificate of qualification by endorsement is contained in Appendix B to
			 Chapter 3.
(3) The application form
			 for a certificate of qualification for a limited license is contained in
			 Appendix C to Chapter 3.
(4) The
			 application form for renewal of limited certificate of qualification is
			 contained in Appendix G to Chapter 3.
(5) The application form for reinstatement of
			 a certificate of qualification and an application for removal of voluntary
			 restrictions is contained in Appendix H to Chapter 3.
Authors:
Wendell R. Morgan, Patricia E. Shaner,
				Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 93-148.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.11 - Application Forms Required For A Certificate Of Qualification. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Rule 10 was renumbered to .11 as per certification filed
				  October 15, 2008; effective November 19,
				  2008.
Authors:
Wendell R. Morgan, Patricia E. Shaner,
				  Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 93-148.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.15 - Provisional Approval For Certificate Of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Provisional approval for the issuance of
			 a certificate of qualification may be given by the Board based on the
			 following:
(a) An applicant has met all of the
			 requirements of
Code of Ala. 1975
, §
									34-24-70 and Board of Medical
			 Examiners Rules, Chapter 540-X-3, necessary for the issuance of a certificate
			 of qualification, except that the Board has not received satisfactory evidence
			 that the applicant has successfully completed the post graduate or residency
			 training requirement; and
(b) There
			 are no grounds for denial of a certificate of qualification by the Board
			 pursuant to
Code of Ala. 1975
, §
									34-24-70(d).
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.16 - Certificate Of Qualification Issued Without Examination (Limited License)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates of
			 qualification without examination may, within the discretion of the Board, be
			 issued for a period of up to one year to the following applicants:
(a) Individuals enrolled in an American
			 Medical Association approved residency training program;
(b) Individuals enrolled in residency
			 training programs in LCME accredited schools or Colleges of Medicine in Alabama
			 approved by the Board as set forth in Section
			 540-X-3-.16.
(c) Visiting professors, subject to a time
			 limit specified by the Board, and distinguished professors at medical colleges,
			 and specialty professors at medical colleges,
(d) Physicians employed full-time at a state
			 penal institution or a state mental institution.
(e) Physicians employed full-time at any
			 other state institution approved by the Board.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.17 - Renewal Of Certificate Of Qualification Without Examination (Limited License)

Current through Register Vol. 42, No. 9, June 28, 2024
Physicians must apply to the Board to renew their limited
				certificate of qualification by January 1 of each year. The Board shall have
				full discretion to accept or reject the application for renewal. Physicians
				must pay a renewal fee of $15.00, or as is otherwise set by
				law.
Rule
				  540-X-3-.16 was previously
				  numbered Rule
				  540-X-3-.15 as of the
				  certification filed August 21, 1996. Previous rule 16 was renumber to .17 as
				  per certification filed October 15, 2008; effective November 19,
				  2008.
Authors:
Wendell R. Morgan, Patricia E. Shaner,
				  Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 93-148.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.18 - Grounds For Denial Of A Certificate Of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
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 according to statutory and regulatory
			 requirements.
(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.
(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.
Rule
				  540-X-3-.19 was previously
				  numbered Rule as of the certification filed August 21, 1996. Rule
				  540-X-3-.19 was renumber to
				  540-X-3-.17 as per certification
				  filed November 13, 2007. Previous rule 17 was renumber to .18 as per
				  certification filed October 15, 2008; effective November 19,
				  2008.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 07-402.