reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.06 - Qualifications Of The Supervising Physician - Athletic Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
The physician to whom an athletic trainer is registered
				shall:
(1) Possess a current,
			 unrestricted license to practice medicine in the State of Alabama;
(2) Be willing to accept responsibility for
			 the athletic trainer's practice; and
(3) On the date of the application, have
			 satisfied one of the following experience requirements:
(a) Have practiced medicine for at least
			 three years, excluding any practice in an internship, residency, fellowship, or
			 other supervised training program;
(b) Have practiced medicine for at least one
			 year, excluding any practice in an internship, residency, fellowship, or other
			 supervised training program, and certified by one or more of the specialty
			 boards recognized by the American Board of Medical Specialties or the American
			 Osteopathic Association; or
(c)
			 Have completed a fellowship accredited by the Accreditation Council for
			 Graduate Medical Education (ACGME) in Sports Medicine.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.07 - Requirements For Supervised Practice - Athletic Trainers

Current through Register Vol. 42, No. 9, June 28, 2024
The physician to whom an athletic trainer is registered
				shall:
(1) Possess a current,
			 unrestricted license to practice medicine in the State of Alabama;
(2) Be willing to accept responsibility for
			 the athletic trainer's practice; and
(3) On the date of the application, have
			 satisfied one of the following experience requirements:
(a) Have practiced medicine for at least
			 three years, excluding any practice in an internship, residency, fellowship, or
			 other supervised training program;
(b) Have practiced medicine for at least one
			 year, excluding any practice in an internship, residency, fellowship, or other
			 supervised training program, and certified by one or more of the specialty
			 boards recognized by the American Board of Medical Specialties or the American
			 Osteopathic Association; or
(c)
			 Have completed a fellowship accredited by the Accreditation Council for
			 Graduate Medical Education (ACGME) in Sports Medicine.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.08 - Grounds For Denial Of Registration - Athletic Trainer And Supervising Physician

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 commission of any act by an athletic trainer which would constitute a violation
			 of Ala. Code §
								34-40-10 or any rule of the Board
			 of Athletic Trainers.
(2) The
			 commission of any act by a supervising physician which would constitute a
			 violation of Ala. Code §3424-360 or any rule of the Board of Medical
			 Examiners or the Medical Licensure Commission of Alabama.
(3) The physician to whom the athletic
			 trainer is registered has permitted or required the athletic trainer to perform
			 or to attempt to perform tasks which are beyond the athletic trainer's
			 competence or which are not authorized in the protocol(s) approved by the Board
			 of Athletic Trainers and the Board of Medical Examiners.
(4) Refusal by the athletic trainer or the
			 supervising physician to appear before the Board of Athletic Trainers, the
			 Board of Medical Examiners, or the Advisory Council, after having been formally
			 requested to do so in writing.
(5)
			 The supervising physician's license to practice medicine has been revoked,
			 suspended, restricted, or disciplined in any manner.
(6) The athletic trainer's license has been
			 revoked, suspended, restricted, or disciplined in any manner.
(7) Failure of a supervising physician to
			 maintain or produce for inspection upon request by the Board of Medical
			 Examiners any documentation required to be maintained by the supervising
			 physician.
(8) Failure of an
			 athletic trainer to maintain or produce for inspection upon request by the
			 Board of Athletic Trainers any documentation required to be maintained by the
			 athletic trainer.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.09 - Denial Of Registration - Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
An athletic trainer who has a registration denied by either
				the Board of Athletic Trainers, the Board of Medical Examiners, or both may
				petition the denying board(s) for reconsideration of the registration. Any
				petition must be filed within thirty (30) days of denial of the registration.
				Upon receipt of the petition, the denying board(s) shall approve the
				registration or set a hearing thereon. All hearings under this rule shall be
				conducted in accordance with Ala. Code §§
								41-22-1, et.
				seq.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.10 - Termination Of Registration - Voluntary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The athletic trainer shall immediately
			 inform the Board of Athletic Trainers in writing of the effective date of the
			 termination of any physician supervision.
(2) Failure to timely notify the Board of
			 Athletic Trainers of termination may be considered a violation of these rules
			 and regulations for the purpose of approval of future applications for
			 registration.
(3) A supervising
			 physician may terminate his or her supervision of an athletic trainer by
			 notifying the Board of Athletic Trainers.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.11 - Termination Of Registration - Involuntary

Current through Register Vol. 42, No. 9, June 28, 2024
The commission by an athletic trainer or a supervising
				physician of any act, offense, or condition set forth in Rule
				540-X-28-.08 shall be grounds,
				within the discretion of the Board of Athletic Trainers or the Board of Medical
				Examiners, to terminate the registration of an athletic trainer to engage in
				athletic training practice under the supervision of a
				physician.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.12 - Temporary Approval - Athletic Trainer

Current through Register Vol. 42, No. 9, June 28, 2024
An athletic trainer may obtain temporary approval of a
				registration with a supervising physician after confirmed receipt by the Board
				of Athletic Trainers of a registration application and may continue in
				temporary practice until such time as the pending application for registration
				is approved or denied, provided the supervising physician meets the
				qualifications established in these rules. Under a temporarily approved
				registration, an athletic trainer shall only be permitted to practice pursuant
				to a standard general protocol.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.13 - Report To The Board Of Medical Examiners

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Athletic Trainers shall, not less than quarterly,
				prepare and submit a report to the Board of Medical Examiners detailing any
				applications for registration, protocols, amendments thereto, or terminations
				received under this Chapter, along with a report of any actions taken by the
				Board of Athletic Trainers on these items.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-28 - PHYSICIAN SUPERVISION OF ATHLETIC TRAINERS › Section 540-X-28-.14 - Implementation

Current through Register Vol. 42, No. 9, June 28, 2024
All athletic trainers and supervising physicians shall be in
				full compliance with the provisions of this Chapter no later than January 1,
				2023.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53;
				  34-40-3.2.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.01 - Composition Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission shall be composed of seven
			 physicians, each of whom must be either a doctor of medicine or a doctor of
			 osteopathy and be licensed to practice medicine in Alabama. There shall be one
			 public member, who shall not be a licensee of the Commission or hold a
			 professional degree in any health care field or practice as a licensed health
			 care professional.
(2) The members
			 shall be appointed as follows:
(a) Two
			 physicians shall be appointed by the lieutenant governor;
(b) Two physicians shall be appointed by the
			 speaker of the house of representatives; and
(c) The three remaining physicians and the
			 public member shall be appointed by the Governor.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.02 - Officers Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission 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 Commission and appoint members to
			 serve on such committees as may be created.
(b) The vice chairman shall preside in the
			 absence of the chairman and shall assume the duties of the chairman when
			 necessary.
(c) The chairman shall
			 have the authority to take such action in the absence of the Commission that is
			 necessary for the continuance of the day-to-day operation of the Commission and
			 its staff. Such acts shall include scheduling of hearings, rulings on motions,
			 requests and objections as they may relate to the admission or non-admission of
			 evidence or testimony at hearings, and making determinations as to the order of
			 evidence to be taken at hearings.
(d) The chairman shall preside over the
			 meetings and hearings of the Commission and, with the aid of counsel, shall
			 rule on procedural and evidentiary issues which may arise during the course of
			 hearings. The chairman may delegate such portions of said responsibility as he
			 may deem fit.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.03 - Meetings Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission shall meet each month,
			 usually the fourth Wednesday of each month.
(2) Special meetings may be called at the
			 request of the chairman.
(3) At
			 least four members of the Commission shall constitute a quorum for a regular
			 meeting and as such shall be competent to act, except that the Commission shall
			 not order the suspension or the revocation of a license unless at least five
			 members of the Commission are present and a majority of those present vote for
			 such suspension or revocation.
(4)
			 The executive officer or his designee shall keep a record of all meetings. The
			 place of each meeting of the Commission, names of the members present, all
			 official acts of the Commission, and tally of votes cast 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
			 proceedings conducted during a properly called executive session of the
			 Commission, shall be open to public inspection.
(5) All meetings of the Commission shall be
			 open and public, except those portions of meetings and/or hearings conducted
			 during a properly called executive session. Reports of investigation; documents
			 subpoenaed by the Commission; reports of any investigative committee appointed
			 by the chairman and/or Commission; memoranda of the Commission's counsel
			 relating to investigations, statements of persons interviewed by the Commission
			 or any committee of the Commission unless made at a public hearing shall be
			 considered privileged and confidential and shall not be disclosed except to an
			 agent, attorney or employee of the Commission. The foregoing nonpublic records
			 of the Commission shall not be subject to subpoena except upon the express
			 order of a court of competent jurisdiction.
(6) Meetings of the Commission shall be
			 governed by
Roberts Rules of Order
, as revised from
			 time to time, except where those rules conflict with the requirements of the
			 Alabama Administrative Procedures Act, the Alabama Open Meetings Act, the
			 Commission's enabling legislation, these rules, or any other law.
Authors:
Wayne P. Turner, Wallace D.
				  Mills
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-311,
				  34-24-366.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.04 - Executive Officer

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may designate an executive officer to act on
				behalf of the Commission between regular meetings and may designate his duties
				and responsibilities.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-311.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.05 - 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 Officer, Medical Licensure Commission,
				848 Washington Avenue, Montgomery, Alabama 36104.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-311.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.07 - Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 All rules and regulations of the Commission shall be adopted, amended or
			 repealed in accordance with the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §§
								41-22-1 through
			 41-22-27.
(2) Prior to adoption, amendment or repeal of
			 any rule the Commission shall:
(a) give at
			 least thirty-five days notice of its intended action -- the notice shall
			 include a statement of either the terms of substance of the intended action or
			 a description of the subject 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 Commission shall consider fully all written and oral
			 submissions respecting the proposed rule.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.08 - 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
			 Commission 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 a rule to be
			 repealed;
(c) include the pertinent
			 facts, data, opinions or arguments in support of the petitioner's
			 position.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.09 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
			 persons substantially affected by a rule may petition the Commission 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
			 Commission.
(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 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-1 - ORGANIZATION AND ADMINISTRATION › Section 545-X-1-.10 - 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 Commission 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 Commission shall be available for public
			 inspection and copying, at cost, except those expressly made confidential or
			 privileged by statute or order of a court of competent jurisdiction.
Authors:
Unknown, Wallace D. Mills
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-4.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.01 - Initial License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
			 the filing of a certificate of qualification issued by the Board of Medical
			 Examiners, along with a properly completed application form and a
			 non-refundable license processing fee of $75.00.00, the Commission, after being
			 satisfied that all requirements of the law have been met and that the applicant
			 should be approved for licensure, shall issue the license to practice
			 medicine.
(2) The license shall be
			 dated and numbered in the order of issuance and shall be signed by the
			 chairman.
(3) In the event the
			 Commission determines the application of an individual for a license should be
			 denied, the Commission shall promptly notify the applicant of its action, and
			 such notice shall contain the reasons for the denial of the
			 application.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-334,
				  34-24-335.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.02 - Initial License Application (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Unknown, Wallace D. Mills
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-334.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.04 - Certificate Of Registration Application

Current through Register Vol. 42, No. 9, June 28, 2024
An example of the application for a certificate of registration
				is contained in Appendix B to Chapter 2.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-337,
				  34-24-338.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.05 - Replacement/New License Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee whose license has been lost or destroyed may make
				application to the Commission for a replacement license certificate. Such
				application shall be accompanied by an affidavit setting out the facts
				concerning the loss or destruction of the license. Any licensee whose name is
				changed by marriage or court order may surrender his or her license certificate
				and apply to the Commission for a new license certificate. Such application
				shall be accompanied by a copy of the court order or marriage certificate. The
				fee for any replacement/new license certificate shall be $25.00, payable to the
				Medical Licensure Commission.
Author:
Medical Licensure Commission
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-332.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.06 - License Issued For Participation In Retired Senior Volunteer Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Medical
			 Licensure Commission may, at its discretion, issue a license to practice
			 medicine to an applicant who has been issued a certificate of qualification
			 under the Retired Senior Volunteer Program, pursuant to §
								34-24-75.1,
Code of Ala. 1975
.
(2) A license issued under this section shall
			 contain the following information upon the face of the document, "Issued
			 subject to restrictions under the Retired Senior Volunteer Program."
(3) Such license shall be issued by the
			 Commission without cost to the applicant.
(4) Each license shall state on its face that
			 it is valid for a period of one calendar year, and the expiration
			 date.
(5) Each license issued for
			 participation in the Retired Senior Volunteer Program may be renewed annually
			 upon evidence that the licensee's certificate of qualification has been renewed
			 by the Alabama Board of Medical Examiners and upon completion of a renewal
			 application. An example of the application for renewal is contained in Appendix
			 E to Chapter 2 of these rules.
(6)
			 A license issued by the Commission under this subsection may be revoked,
			 suspended, restricted, placed on probation, or subjected to other sanctions for
			 the same causes and reasons and in the same manner as provided by law for the
			 disciplining of a physician's license to practice medicine.
Author:
Wayne P. Turner, Attorney for the
				  Medical Licensure Commission
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-333.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.07 - Provisional Approval For Initial License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Provisional approval for the issuance of
			 a license to practice medicine or osteopathy may be given by the Commission
			 based on the following:
(a) The Board of
			 Medical Examiners has given provisional approval for a certificate of
			 qualification pursuant to
			 540-X-3-.15;
			 and
(b) There are no grounds for
			 denial of a license pursuant to Medical Licensure Commission Administrative
			 Code or the Code of Alabama.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-2 - LICENSES › Section 545-X-2-.08 - Temporary Expedited License For Military Members And Spouses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon
			 the filing of a temporary expedited certificate of qualification for military
			 members and spouses by the Alabama State Board of Medical Examiners, along with
			 a properly completed application form and a license processing fee of $75.00,
			 the Medical Licensure Commission of Alabama, after being satisfied that all
			 requirements of the law have been met, that the applicant is of good moral
			 character, and that the applicant should be approved for licensure, shall issue
			 an to an applicant an expedited temporary license to practice medicine in the
			 state of Alabama.
(2) An expedited
			 license for military members and spouses shall be dated and numbered in the
			 order of issuance, shall bear the date of issuance, and shall indicate on its
			 face that the license is a temporary license for military service members and
			 their spouses.
(3) A temporary
			 expedited license for military members and spouses shall expire twelve (12)
			 months after the date of issuance of the license or the expiration of the
			 temporary expedited certificate of qualification for military members and
			 spouses issued by the Alabama State Board of Medical Examiners expires,
			 whichever occurs first.
Author:
Alabama Medical Licensure
				  Commission.
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-311.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.01 - Definitions. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Wayne P. Turner
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-50.1,
				  34-24-311,
				  34-24-360;
				  41-22-1,
				  et
seq
.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.02 - Application And Scope

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall apply to all hearings conducted by the
				Medical Licensure Commission pursuant to its authority to issue, reinstate,
				revoke, suspend, restrict or otherwise discipline a license.
Author:
Unknown, Wallace D. Mills
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-311,
				  34-24-360;
				  41-22-1,
				  et_
seq
.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.03 - Initiation Of A Contested Case; Notice And Opportunity For Hearing In Contested Cases; Contents Of Notice; Procedure Upon Failure Of Notified Party To Appear; Presentation Of Evidence And Argument; Right To Counsel; Disposition By Stipulation; Settlement; Contents Of Record; Public Attendance At Oral Proceedings; Recordings And Transcripts Of Oral Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A contested
			 case before the Medical Licensure Commission shall be initiated by the filing
			 of a written administrative complaint signed by any member of the Alabama Board
			 of Medical Examiners, any duly licensed physician, the executive officer of the
			 Board or any other person and which alleges that the respondent may be guilty
			 of one or more of the grounds for discipline of a license to practice medicine
			 as provided in
Code of Ala. 1975
, §
								34-24-360,
			 and these rules and regulations.
(2) Any physician holding a certificate of
			 qualification to practice medicine in Alabama shall and is hereby required to,
			 and any other person may, report to the Board or the Commission any information
			 such physician or other person may have which appears to show that any
			 physician holding a certificate of qualification to practice medicine in
			 Alabama may be guilty of any of the acts, offenses or conditions set out in
Code of Ala. 1975
, §
								34-24-360;
			 and any physician or other person who in good faith, makes such a report to the
			 Board or to the Commission shall not be liable to any person for any statement
			 or opinion made in such report.
(3)
			 In a contested case for the discipline of a license instituted by the filing of
			 an administrative complaint, all parties shall be afforded an opportunity for
			 hearing after reasonable notice in writing. Such notice shall be delivered to
			 the physician against whom the administrative complaint if filed by personal
			 service required by §
								34-24-361(e).
			 Delivery of the notice referred to in this subsection shall constitute
			 commencement of the contested case proceedings.
(4) The notice shall include:
(a) A statement of the time, place and nature
			 of the hearing;
(b) A statement of
			 the legal authority and jurisdiction under which the hearing is to be
			 heard;
(c) A reference to the
			 particular sections of the statutes and rules involved.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.04 - Discovery In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission may provide by order in a
			 contested case that each party provide to the other parties a list of all
			 witnesses to be called at the hearing and copies of all documents to be entered
			 into evidence at the hearing. The Commission may authorize the parties to
			 submit the testimony of witnesses by deposition upon oral examination in the
			 manner prescribed in the Alabama Rules of Civil Procedure. The Commission may
			 provide by order for such other limited discovery by the parties as is deemed
			 necessary and prudent by the Commission to ensure that the hearing is fairly
			 conducted under the law; provided, however, that the parties shall not be
			 permitted to prolong or unnecessarily delay the proceedings in contested cases
			 for discovery purposes. However, no party to a hearing shall be entitled to
			 discover the contents of any investigative files, records, including
			 investigative reports, statements, summaries, or other materials compiled and
			 accumulated by the investigators, attorneys or staff of the Commission, or the
			 Board of Medical Examiners, pursuant to its ordinary and usual investigative
			 function unless the document or statement in lieu of the actual witness is to
			 be offered into evidence at the hearing.
(2) Any party to any proceeding before the
			 Commission, may cause depositions of witnesses residing within or without the
			 state to be taken in the manner prescribed by law for depositions in civil
			 action in circuit courts.
Author:
Unknown, Wallace D. Mills
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-365.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.06 - Intervention In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
In contested cases, upon timely application, any person shall
				be permitted to intervene when a statute confers an unconditional right to
				intervene, or when the applicant has an individual interest in the outcome of
				the case as distinguished from a public interest and the representation of the
				interest of the applicant is inadequate. The mere fact that an applicant is, or
				has been, a patient of the licensee is not a sufficient interest to permit
				intervention. The individual interest contemplated by this rule is a business
				or financial interest which cannot adequately be represented by the Board of
				Medical Examiners.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-14.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.07 - Disqualification From Participation In Proposed Order Or Final Decision Based Upon Conflict Of Interest Or Personal Bias

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No individual who participates in the
			 making of any proposed order or final decision in a contested case shall have
			 prosecuted or represented a party in connection with that case, the specific
			 controversy underlying that case, or another pending factually related
			 contested case, or pending factually related contested case, or pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties. Nor shall any such individual be subject to the authority,
			 direction or discretion of any person who has prosecuted or advocated in
			 connection with that contested case, the specific controversy underlying that
			 contested case, or a pending factually related contested case or controversy,
			 involving the same parties.
(2) A
			 party to a contested case proceeding may file a timely and sufficient affidavit
			 asserting disqualification according to the provisions of subsection (a) or
			 asserting personal bias of an individual participating in the making of any
			 proposed order or final decision in that case. The agency shall determine the
			 matter as part of the record in the case. When the Commission in these
			 circumstances makes such a determination with respect to the Commission member,
			 that determination shall be subject to de novo judicial review in any
			 subsequent review proceeding of the case.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-18.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.10 - Form And Content Of Final Order; When Final Order To Be Rendered; Service Of Notice And Copies Of Final Order

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The final order in a proceeding which
			 affects substantial interests shall be in writing and made a part of the record
			 and include findings of fact and conclusions of law separately stated, and it
			 shall be rendered within thirty days:
(a)
			 After the hearing is concluded, if conducted by the Commission;
(b) After a recommended order, or findings,
			 and conclusions are submitted to the Commission and mailed to all
			 parties;
(c) After the Commission
			 has approved or modified a proposed order submitted by a hearing panel pursuant
			 to
Code of Ala. 1975
, Section
			 34-24-366 and Rule
			 545-X-3-.14;
			 or
(d) After the Commission has
			 received the written and oral material it has authorized to be submitted, if
			 there has been no hearing.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.11 - Filing Of Application For Rehearing; Form And Content; Effect Of Application On Final Order Grounds For Rehearing; Service Of Application On Parties Of Record; Agency Decision On Application

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any party to a contested case who deems
			 himself aggrieved by a final order and who desires to have the same modified or
			 set aside may, within fifteen days after entry of said order, file an
			 application for rehearing, or a motion to alter, amend, or vacate the order,
			 which shall specify in detail the grounds for relief sought therein and
			 authorities in support thereof.
(2)
			 The filing of such an application for rehearing or motion to alter, amend, or
			 vacate shall not extend, modify, suspend or delay the effective date of the
			 order, and said order shall take effect on the date fixed by the agency and
			 shall continue in effect unless and until said application shall be granted or
			 until said order shall be suspended, modified, or set aside in a manner
			 provided by law.
(3) Such
			 application for rehearing or motion to alter, amend, or vacate will be
			 considered only if the final order is:
(a) in
			 violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of
			 the agency;
(c) in violation of a
			 Commission rule;
(d) made upon
			 unlawful procedure;
(e) affected by
			 other error of law;
(f) clearly
			 erroneous in view of the reliable, probative, and substantial evidence on the
			 whole record; or
(g) unreasonable,
			 arbitrary or capricious or characterized by an abuse of discretion or a clearly
			 unwarranted exercise of discretion.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.12 - Immediate Effect Of Commission Order; Judicial Review; Vacation Of Order By Court; Venue

Current through Register Vol. 42, No. 9, June 28, 2024
Any order of the Commission suspending or revoking a license to
				practice medicine shall have immediate effect and shall not be stayed or held
				in abeyance by any court. If it is subsequently determined by a court of
				competent jurisdiction that the Commission acted arbitrarily or capriciously or
				that the Commission grossly abused its discretion, then, upon issuance of a
				preemptory writ of mandamus, the order of the Commission shall be vacated. The
				reviewing court, however, shall not itself hear or accept any further evidence
				with respect to issues of fact determined by the Commission. Notwithstanding
				any other provision of law to the contrary, any action commenced for the
				purpose of seeking judicial review of the administrative decisions of the
				Commission, including writ of mandamus, or judicial review pursuant to Chapter
				22, Title 41,
Code of Ala. 1975
, must be filed,
				commenced, and maintained in the Alabama Court of Civil Appeals, pursuant to
Code of Ala. 1975
, Section
				34-24-367 as amended by Act 2008-397.
Author:
Unknown, Wallace D. Mills
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-367.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.13 - Emergency Suspension

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Commission shall temporarily suspend the license of a physician without a
			 hearing:
(a) simultaneously with the
			 institution of proceedings for a hearing provided under this section on the
			 request of the Board if the Board finds that evidence in its possession
			 indicates that the physician's continuation in practice may constitute an
			 immediate danger to his patients or to the public; or,
(b) upon certification by the Board of
			 Medical Examiners that the physician has failed to comply with an order of the
			 Board issued pursuant to
Code of Ala. 1975
, Section
			 34-24-360(19) or Section
			 34-24-360(20).
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.14 - Appointment Of Hearing Panels

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The chairman of the Commission may
			 appoint members of the Commission to sit as a hearing panel to hear the
			 evidence in a contested case whenever the chairman deems such appointment of a
			 panel reasonably required and necessary to accomplish a timely
			 hearing.
(2) A hearing panel shall
			 consist of no fewer than three (3) Commission members. The public member of the
			 Commission may be, but shall not be required to be, a member of each such
			 hearing panel.
(3) Such hearing
			 panels are authorized to conduct hearings in contested cases in the same manner
			 as the full Commission is authorized to conduct hearings. At the conclusion of
			 each hearing conducted by a hearing panel, such hearing panel shall prepare an
			 order which shall be presented to the full Commission for ratification and, if
			 ratified by the Commission, such order shall be the order of the Commission. It
			 shall not be necessary for the members of the Commission not on the hearing
			 panel to review the record of the hearing.
(4) When a hearing panel is appointed and the
			 chairman of the Commission does not participate in the panel, the chairman of
			 the Commission shall designate one (1) panel member to serve as acting chairman
			 for the panel.
(5) All contested
			 cases heard by a hearing panel shall be conducted in accordance with Rules
			 545-X-3-.03 through
			 545-X-3-.09.
(6) Before the Commission shall render a
			 decision based on a hearing panel's recommendation, at least five (5) members
			 of the Commission must be present and a majority of those present vote in favor
			 of such decision.
Author:
Wayne P. Turner
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-311,
				  34-24-366.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.15 - Applications For Reinstatement Of Licenses And Applications For Modification Of Orders

Current through Register Vol. 42, No. 9, June 28, 2024
Applications for reinstatement of a license to practice
				medicine which has been revoked or suspended by the Commission and applications
				for modification or termination of probation or removal or modification of
				restrictions concerning a license to practice medicine filed with the
				Commission within 24 months from the effective date of the Commission's order
				may, within the discretion of the Commission, be dismissed by the commission as
				prematurely filed, subject to the right of the applicant to refile the
				application at a later date. An application as described above which is filed
				with the Commission more than 24 months following the effective date of the
				Commission's order may be granted or may be set for a hearing before the
				Commission, and such hearing shall be conducted as a contested case under the
				Alabama Administrative Procedure Act. The commission shall be without
				jurisdiction to reinstate the license to practice medicine of a physician whose
				license was revoked or indefinitely suspended by the Commission or voluntarily
				surrendered while under investigation or during the pendency of an
				administrative hearing if the application for reinstatement is received more
				than five years after the effective date of the revocation or surrender of the
				license. No application for reinstatement of a license to practice medicine
				which has been revoked or suspended by the Commission shall be considered
				unless a criminal background check shall have been obtained, pursuant to
Code of Ala. 1975,
Section
				34-24-337 as amended by Act 2008-397.
Authors:
Wayne P. Turner, Wallace D.
				  Mills
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-361.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-3 - HEARINGS IN CONTESTED CASES › Section 545-X-3-.16 - Probation Compliance Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a final order of the Commission in a
			 contested case suspends the implementation of the penalty, or any portion
			 thereof, and the physician's license is placed on probationary status, the
			 Commission may, from time to time, hold a probation compliance hearing for the
			 limited purpose of determining whether any restrictions or terms of the
			 probation have been violated.
(2)
			 In a probation compliance hearing, the probationer shall be afforded an
			 opportunity to be heard after reasonable notice in writing. Notice shall be
			 served on the probationer in the same manner as provided for in §
								34-24-361(e) of the
Code of Ala. 1975
, at least 20 days prior to
			 the date set for the hearing and shall include:
(a) A statement of the time, place and nature
			 of the hearing;
(b) citation to the
			 restriction or term of probation in the final order which the probationer is
			 accused of violating;
(c) a
			 statement of the legal authority under which the hearing is to be
			 held.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-4 - MISCELLANEOUS › Section 545-X-4-.01 - Rules For Processing Of Appeals To The Medical Licensure Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Time for
			 Appeal. Notice of appeal must be initiated in writing and directed to the
			 Commission and filed within thirty (30) days from the date of the letter of
			 notice of the Board of Medical Examiners denying an application for an initial
			 certificate of qualification, an application for reinstatement of a certificate
			 of qualification, or an application for removal of voluntary restrictions to a
			 certificate of qualification.
(2)
			 Scope of Appeal. The appeal to the Commission shall not be a hearing de novo,
			 but shall be limited to consideration of the record of the proceedings before
			 the Board. In the event the Commission, based upon its examination of the
			 record as a whole, finds the applicant is qualified for licensure, then the
			 Commission may order the Board to issue a certificate of qualification to the
			 applicant. In the event the appeal grows out of a denial by the Board for
			 removal of a voluntary restriction to his or her certificate of qualification
			 (as provided in
Code of Ala. 1975
, §
								34-24-360(g),
			 the Commission shall have the right to affirm the Board's action, or order the
			 Board to modify its action as the Commission deems appropriate. For good cause,
			 and within the discretion of the Commission, the appellant may, upon
			 application, be permitted to supplement the record on appeal, upon a showing
			 that the evidence was newly discovered or was not reasonably available to the
			 appellant at the time of the hearing before the Board. In the event that such
			 application is granted, the Board shall be afforded an opportunity to respond
			 or to refute such evidence.
(3)
			 Record on Appeal. The record on appeal shall consist of:
(a) A verbatim transcript of the proceedings
			 before the Board, including the testimony of witnesses, statements of the
			 appellant and/or counsel, and statements of the Board;
(b) Copies of all documents introduced into
			 evidence at the hearing and considered by the Board in reaching its
			 determination; and
(c) Copies of
			 all pleadings, motions, briefs and arguments, or other documents filed before
			 the Board in connection with the hearing.
(d) It shall be the responsibility of the
			 appellant, at his expense, to ensure the complete and accurate preparation of
			 the record on appeal, and to assure that one copy is filed with the Commission
			 in a timely manner. The Board shall be required to furnish, at a reasonable
			 rate based on the actual cost, copies of all documents in the possession of the
			 Board which constitute a portion of the record.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-4 - MISCELLANEOUS › Section 545-X-4-.02 - Administrative Handling Of Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
It is the policy of the Commission to allow and encourage the
				Board of Medical Examiners to investigate all cases of possible physician
				misconduct and to refer charges regarding said misconduct to the Commission
				whenever it is determined by a majority of the Board that sufficient grounds
				exist for the referring of said charges.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-313,
				  34-24-361.
Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-4 - MISCELLANEOUS › Section 545-X-4-.03 - Attendance Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
It is resolved by the Commission that the Commission encourages
				the consistent and regular attendance of its members.
Author:
Statutory Authority:
Code of Ala.
				  1975
§
										34-24-311.