reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.19 - 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, including failure to provide information to or submit to an
			 evaluation recommended by the Alabama Physician Wellness Committee, or its
			 designee.
(3) A finding that the
			 applicant has submitted or caused to be submitted false, misleading, or
			 untruthful information to the Board in connection with an application for a
			 certificate of qualification.
(4)
			 Failure to appear before the Board or a committee of the Board if formally
			 requested to appear in connection with an application for a certificate of
			 qualification.
(5) A finding by the
			 Board that the applicant has committed any of the acts or offenses constituting
			 grounds to discipline the licensee to practice medicine in this state pursuant
			 to, but not limited to, Sections
			 16-47-128,
			 34-24-360, and
			 34-24-57.
(6) Failure of the applicant to comply with
			 any of the requirements or rules for the issuance of a certificate of
			 qualification.
Rule 540-X-3-.19 was previously numbered Rule
				  540-X-3-.18 as of the
				  certification filed August 21, 1996. Rule 540-X-3-.19 was renumbered to
				  540-X-3-.17 as per certification
				  filed November 13, 2007. Previous rule 17 was renumbered to .18 as per
				  certification filed October 15, 2008; effective November 19, 2008. Rule .18 was
				  renumbered to .19 as per certification filed May 16, 2013; effective June 20,
				  2013.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 07-402.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.19.1 - Denial of Application for Certificate of Qualification - Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If, after
			 examination of the application for a certificate of qualification to practice
			 medicine and after consideration of any information developed by the Board
			 pursuant to an investigation into the qualifications of the physician to
			 practice medicine, the Board determines that there is probable cause to believe
			 there exist grounds upon which the application for a certificate of
			 qualification may be denied, the Board shall take the following actions:
(a) Defer final decision on the application
			 for certificate of qualification; and
(b) Notify the applicant of the grounds for
			 possible denial of the application for a certificate of qualification and the
			 procedure for obtaining a hearing before the Board.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.20 - Non-Disciplinary Citation With Administrative Charge

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When the Board has determined that a
			 ground for denial of an application for a certificate of qualification exists
			 based upon the submission of false, misleading or untruthful information to the
			 Board in connection with the application, the Board, in its discretion, may
			 allow an applicant to submit a written request that a non-disciplinary citation
			 with administrative charge be assessed against the applicant in lieu of a
			 decision by the Board to deny the application.
(2) The Board may grant, if deemed
			 appropriate, the request for an assessment of the citation with administrative
			 charge and issue a certificate of qualification to the applicant.
(3) The written request to be submitted by
			 the applicant shall be on a form approved by the Board and signed by the
			 applicant.
(4) Submission of a
			 written request form to the Board shall be accompanied by payment to the Board
			 of the administrative charge in an amount determined by the Board which shall
			 not exceed Ten Thousand Dollars ($10,000).
(5) Payment of the administrative charge
			 shall be made to the Board prior to the issuance of a certificate of
			 qualification.
(6) Upon receipt of
			 a properly executed request form and payment of the administrative charge, the
			 Board may issue the non-disciplinary citation and the certificate of
			 qualification.
(7) The
			 administrative charge is not refundable once payment is received by the
			 Board.
(8) The imposition of a
			 non-disciplinary citation with administrative charge is considered pubic
			 information and is not considered a disciplinary action against the applicant,
			 a restriction against the certificate of qualification or an adverse
			 encumbrance against the certificate of qualification.
Rule
				  540-X-3-.18 was previously
				  numbered Rule
				  540-X-3-.17 as of the
				  certification filed August 21, 1996. Previous rule 18 was renumbered to .19 as
				  per certification filed October 15, 2008; effective November 19, 2008. Rule .19
				  was renumbered to .20 as per certification filed May 16, 2013; effective June
				  20, 2013.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53; Act No. 07-402.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.21 - Withdrawal Of Application For Certificate Of Qualification And Certificate Of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
			 applicant for a certificate of qualification shall have six (6) months from the
			 date the initial signed application form is received by the Board to complete
			 the application, except that an applicant for a certificate of qualification
			 who is required to pass an examination as part of the application process shall
			 have twelve (12) months from the date the initial signed application form is
			 received to complete the application. After the expiration of the deadline for
			 completing an application established in the preceding sentence, an incomplete
			 application shall be withdrawn by the Board.
(2) A certificate of qualification issued by
			 the Board shall be withdrawn by the Board after a period of six (6) months from
			 the date of issuance unless the applicant has filed an application for a
			 license to practice medicine with the Medical Licensure Commission of Alabama
			 and paid the required fee.
(3) If
			 either an application for a certificate of qualification or a certificate of
			 qualification is withdrawn by the Board, the applicant, to reapply, shall
			 submit a new application form including a new application fee.
Authors:
Wendell R. Morgan, Patricia E. Shaner,
				Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53 and Act No.
				  99-103.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.22 - Certificate And Limited License Under Retired Senior Volunteer Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) The State Board of Medical Examiners may,
			 at its discretion and subject to these rules, issue a certificate of
			 qualification in behalf of physicians meeting the requirements for
			 participation in the Retired Senior Volunteer Program. The Retired Senior
			 Volunteer Program (RSVP) is created for the purpose of permitting doctors of
			 medicine and doctors of osteopathy who are fully retired from the active
			 practice of medicine to obtain a limited license without cost which would
			 permit the provision of outpatient health care services at established free
			 clinics operated pursuant to the Volunteer Medical Professional Act, §
									6-5-660,
et
seq
.
(b) Physicians having certificates issued
			 under this section must perform no fewer than 100 hours of voluntary service
			 annually and must limit their practice to the confines of an established free
			 medical clinic, as that term is defined in §
									6-5-662, or such other nonprofit
			 organizations or facilities located in Alabama which are approved by the board
			 and which provide outpatient medical care to individuals unable to pay for
			 it.
(c) Certificates issued under
			 this section and licenses based thereon shall state on their faces that they
			 are issued under the RSVP and are subject to restrictions.
(d) Any physician in whose behalf a
			 certificate of qualification is issued under this section shall be subject to
			 having his license suspended or revoked by the Medical Licensure Commission for
			 the same causes or reasons and in the same manner as provided by law in the
			 case of other physicians.
(e)
			 Certificates of qualification issued under this section shall expire annually
			 and physicians may apply to the board for renewal of their certificate, but the
			 board shall have full discretion to accept or reject the application for
			 renewal.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.24 - Certificate And Limited License Under Retired Senior Volunteer Program

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) The State Board of Medical Examiners may,
			 at its discretion and subject to these rules, issue a certificate of
			 qualification in behalf of physicians meeting the requirements for
			 participation in the Retired Senior Volunteer Program. The Retired Senior
			 Volunteer Program (RSVP) is created for the purpose of permitting doctors of
			 medicine and doctors of osteopathy who are fully retired from the active
			 practice of medicine to obtain a limited license without cost which would
			 permit the provision of outpatient health care services at established free
			 clinics operated pursuant to the Volunteer Medical Professional Act, §
									6-5-660, et seq.
(b) Physicians having certificates issued
			 under this section shall comply with the following requirements which are
			 deemed to meet the requirements of
Code of Ala. 1975
,
			 §
									6-5-660, et seq.
1. Physicians receiving a certificate of
			 qualification and license during the time period of January 1 through March 30
			 of any calendar year shall perform no fewer than 100 hours of voluntary service
			 on or before December 31 of that calendar year;
2. Physicians receiving a certificate of
			 qualification and license during the time period of April 1 through June 30 of
			 any calendar year shall perform no fewer than 75 hours of voluntary service on
			 or before December 31 of that calendar year;
3. Physicians receiving a certificate of
			 qualification and license during the time period of July 1 through September 30
			 of any calendar year shall perform no fewer than 50 hours of voluntary service
			 on or before December 31 of that calendar year;
4. Physicians receiving a certificate of
			 qualification and license on or after October 1 of any calendar year shall
			 perform no fewer than 25 hours of voluntary service on or before December 31 of
			 that calendar year.
(c)
			 Certificates issued under this section and licenses based thereon shall state
			 on their faces that they are issued under the RSVP and are subject to
			 restrictions.
(d) Any physician in
			 whose behalf a certificate of qualification is issued under this section shall
			 be subject to having his license suspended or revoked by the Medical Licensure
			 Commission for the same causes or reasons and in the same manner as provided by
			 law in the case of other physicians.
(e) Certificates of qualification issued
			 under this section shall expire annually and physicians may apply to the board
			 for renewal of their certificate, but the board shall have full discretion to
			 accept or reject the application for renewal.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Section 540-X-3-.25 - Expedited Certificate Of Qualification For Military Members And Spouses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The intent of
			 this rule is to provide for the expedited issuance of a certificate of
			 qualification to military service members and the spouses of military service
			 members who are relocated to and stationed in Alabama and who are also
			 qualified physicians.
(2) The
			 board, at its discretion and pursuant to this rule, may issue a temporary
			 certificate of qualification by endorsement to a physician applicant who is
			 relocated to or stationed in this state under official military orders and who
			 satisfies any of the following:
(a) Is an
			 active duty, reserve, or transitioning member of the United States Armed
			 Forces, including the National Guard;
(b) Is the spouse of an active duty, reserve,
			 or transitioning member of the United States Armed Forces, including the
			 National Guard; or
(c) Is the
			 surviving spouse of a service member who, at the time of his or her death, was
			 serving on active duty.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix A - Application for Certificate of Qualification to Practice Medicine in Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-70.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix B - Application for a Limited Certificate of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Appendix B, Application for Certificate to Practice Medicine
				  through Examination, was repealed and Appendix C was renamed Appendix B per
				  certification filed February 27, 2018; effective April 14,
				  2018.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-70,
				  34-24-73,
				  34-24-75.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix C - Application for a Certificate of Qualification under the Retired Senior Volunteer Physician Program (RSVP)

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Appendix C was renamed Appendix B, and Appendix E was renamed
				  Appendix C per certification filed February 27, 2018; effective April 14,
				  2018.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-70,
				  34-24-73,
				  34-24-75.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix D - Retired Senior Volunteer Program Certificate of Qualification Renewal Application

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Appendix D, Certification of Established Free Medical Clinic,
				  was repealed and Appendix F was renamed Appendix D per certification filed
				  February 27, 2018; effective April 14,
				  2018.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-70,
				  34-24-73,
				  34-24-75.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix E - Limited Certificate of Qualification Renewal Application

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Appendix E was renamed Appendix C, and Appendix G was renamed
				  Appendix E per certification filed February 27, 2018; effective April 14,
				  2018.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53.1,
				  34-24-70.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix F - Application for Reinstatement of Certificate of Qualification

Current through Register Vol. 42, No. 9, June 28, 2024
Click to view
				image
Appendix F was renamed Appendix D, and Appendix H was renamed
				  Appendix F per certification filed February 27, 2018; effective April 14,
				  2018.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-70,
				  34-24-73,
				  34-24-75.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix G - Renumbered

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53.1,
				  34-24-70.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-3 - CERTIFICATE OF QUALIFICATION › Appendix H - Renumbered

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-70,
				  34-24-73,
				  34-24-75.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.01 - Registration For Alabama Controlled Substances Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every physician licensed to practice in
			 Alabama who distributes, prescribes, or dispenses any controlled substance
			 within Alabama or who proposes to engage in the distributing, prescribing or
			 dispensing of any controlled substance within Alabama must obtain annually a
			 registration certificate. The fee for such certificate is $150.00, which
			 includes the fee payable to the Alabama Department of Public Health
			 Prescription Drug Monitoring Data Bank required by
Code of Ala.
			 1975
, §
								20-2-217, or as otherwise set by
			 law.
(2) The requirement stated in
			 paragraph (1) of obtaining a registration certificate is waived for the
			 following physicians:
(a) Physicians employed
			 by and working exclusively for the United States Department of Veteran's
			 Affairs; and
(b) Medical residents
			 for a period of eighteen months from the start date of the first year of the
			 residency program.
1. At the end of the
			 eighteenth month, the requirement stated in paragraph (1) shall
			 apply.
2. Medical resident shall
			 mean those medical residents in residency programs who are employed by or who
			 are taking courses of instruction at the University of Alabama School of
			 Medicine, the University of South Alabama College of Medicine, or such other
			 medical schools or colleges, hospitals, or institutions in Alabama which may be
			 approved by the Board of Medical Examiners.
3. A medical resident for whom the
			 requirement of obtaining a registration certificate is waived shall perform his
			 or her work within the facilities of the University of Alabama School of
			 Medicine, the University of South Alabama College of Medicine, or such other
			 institutions in Alabama which may be approved by the Board of Medical Examiners
			 and as an adjunct to his or her course of study or training.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.02 - Application for an Alabama Controlled Substance Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for an Alabama Controlled Substances Certificate
				shall disclose whether:
(1)
			 Applicant's privilege for dispensing or prescribing controlled substances has
			 ever been suspended, restricted, voluntarily surrendered while under
			 investigation or revoked in any state.
(2) Applicant has ever been convicted of any
			 state or federal crime relating to any controlled substance.
(3) Any Federal Drug Enforcement
			 Administration registration ever held by applicant has ever been suspended,
			 restricted, revoked, or voluntarily surrendered while under
			 investigation.
(4) Applicant's
			 staff privileges at any hospitals have ever been suspended, restricted, or
			 revoked for any reason related to the prescribing or dispensing of controlled
			 substances.
(5) Applicant is
			 currently engaged in the excessive use of alcohol, controlled substances, or
			 the use of illegal drugs, or receiving any therapy or treatment for alcohol or
			 drug use, sexual boundary issues or mental health issues.
(a) If applicant is an anonymous participant
			 in the Alabama Professionals Health Program and is in compliance with their
			 assistance agreement, they may answer "No" to this question. Such answer for
			 this purpose will not be deemed upon certification as providing false
			 information to the Alabama Board of Medical Examiners.
(b) The term "currently" as it is used in
			 paragraph (5) above does not mean on the day of, or even in the weeks or months
			 preceding the completion of the application. Rather, it means recently enough
			 so that the condition referred to may have an ongoing impact on one's
			 functioning as a physician within the last two years.
(c) Applicant shall initial certifying an
			 understanding of a statement of the duty as a licensee to address any such
			 condition, which states as follows:
IMPORTANT: The Board recognizes that licensees encounter health
				conditions, including those involving mental health and substance use
				disorders, just as their patients and other health care providers do. The Board
				expects its licensees to address their health concerns and ensure patient
				safety. Options include anonymously self-referring to the Alabama Professionals
				Health Program (334-954-2596), a physician advocacy organization dedicated to
				improving the health and wellness of medical professionals in a confidential
				manner. The failure to adequately address a health condition, where the
				licensee is unable to practice medicine with reasonable skill and safety to
				patients, can result in the Board taking action against the license to practice
				medicine.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.04 - Regulation Governing Maintenance Of Records And Inventories

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every physician
			 and osteopath certified to order, prescribe, possess, distribute or dispense
			 controlled substances by the Board shall be required to maintain the
			 inventories, logs, and records prescribed in this rule.
(2) Inventory requirement. All controlled
			 substances classified under Schedule II, IIN, III, IIIN, IV, and V of the
			 Alabama Uniform Controlled Substances Act which are purchased and maintained in
			 the office of the physician must be inventoried at least every two (2) years.
			 This inventory shall account for all controlled substances purchased,
			 maintained and dispensed in the office of the physician. This inventory
			 requirement shall apply to Schedule II and IIN prepackaged samples and starter
			 packs but does not apply to Schedule III, IIIN, IV, and V prepackaged samples
			 and starter packs.
(3) Dispensing
			 record. Every physician and osteopath who shall dispense Schedule II, IIN, III,
			 IIIN controlled substances shall maintain a separate dispensing record of all
			 such substances dispensed or distributed. The dispensing record shall contain
			 the following information:
(a) The date the
			 controlled substance was dispensed;
(b) The name and quantity of the controlled
			 substance dispensed;
(c) The method
			 of administration of the controlled substance;
(d) The name of the patient to whom the
			 controlled substance was dispensed;
(e) For all Schedule II amphetamines,
			 amphetamine-like anorectic drugs, or sympathomimetic amine drugs dispensed in
			 the treatment of narcolepsy, hyperkinesis, brain dysfunction, epilepsy or
			 depression, dispensing records shall include the diagnosis and the reason for
			 prescribing the Schedule II amphetamine.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.05 - Registration of Dispensing Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every dispensing physician, as defined by
			 this rule, is hereby required to register with the State Board of Medical
			 Examiners as a dispensing physician. Registration shall be accomplished on a
			 form provided by the Board. After initially registering as a dispensing
			 physician, it shall be the obligation of the registrant to advise the Board of
			 any change in the practice location within the State of Alabama of that
			 dispensing physician.
(2) For the
			 purposes of this rule a "dispensing physician" shall mean any physician or
			 osteopath licensed to practice medicine in Alabama who shall dispense or
			 distribute to a patient for the patient's use any controlled substance, except
			 prepackaged samples and/or starter packs, where such controlled substances are
			 purchased by the physician or osteopath for resale to a patient whether or not
			 a separate charge is made for the controlled substance.
(3) Prepackaged samples and starter packs
			 shall mean those controlled substances which are packaged and labeled by the
			 manufacturer in individual or small dosage units and which are intended to be
			 distributed to patients for consumption or administration within a limited
			 period of time.
(4) Controlled
			 substances which are consumed by or which are administered to patients while
			 being treated in the physician's office, clinic, hospital or other facility are
			 not considered to be dispensed for the purposes of this rule.
(5) This registration requirement shall be
			 applicable to all physicians or osteopaths who dispense or cause to be
			 dispensed controlled substances for consumption or administration by patients
			 off the premises of the clinic, hospital or other facility where the physician
			 or osteopath practices, without respect to whether such controlled substances
			 are purchased by an individual physician or osteopath, a professional
			 association or professional corporation, a for-profit or not-for-profit
			 corporation, a hospital, clinic or other medical facility.
(6) This registration requirement shall not
			 apply to the dispensing of controlled substances to patients treated in any
			 hospital emergency room provided that;
(a) The
			 patient has registered for treatment in the hospital emergency room and was
			 treated by the emergency room physician on duty; and
(b) The controlled substances dispensed are
			 subject to inventory, accounting and security controls and policies of the
			 hospital pharmacy or the emergency room department.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.06 - Controlled Substances Prescription Guidelines For Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
			 prescriptions for controlled substances shall meet the following requirements:
(a) The prescription shall be dated as of,
			 and signed on, the day when issued;
(b) The prescription shall bear the full name
			 and address of the patient to whom the drug is prescribed;
(c) The prescription shall bear the drug
			 name, strength, dosage form, and quantity prescribed;
(d) The prescription shall bear directions
			 for use of the drug;
(e) The
			 prescription shall bear the name, address and Alabama Controlled Substances
			 Certificate number of the physician prescribing the drug;
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.07 - Emergency Prescription Refill

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 If a pharmacist received a request for a prescription refill, and the
			 pharmacist is unable to readily obtain refill authorization from the
			 prescriber, the pharmacist may dispense a one-time emergency refill of up to a
			 72-hour supply of the prescribed medication or the smallest dispensable package
			 size if a 72 hour supply is not readily available, under the following
			 conditions:
(a) The prescription is not a
			 medicinal agent listed in Schedule I or II pursuant to Title 20, Chapter 2, or
			 the controlled substance list for Schedule I or II maintained by the State
			 Board of Health.
(b) The medication
			 is essential to the maintenance of life or the continuation of therapy and in
			 the pharmacist's professional judgement, the interruption of therapy might
			 reasonably produce undesirable health consequences or may cause physical or
			 mental discomfort.
(c) The
			 pharmacist has a record of a prescription at the pharmacy or has been presented
			 proof of a prescription filled within the last 90 days in the name of the
			 patient for whom the request of the emergency supply is being made.
(d) A pharmacist or pharmacy shall not
			 dispense or sell the same drug to the same patient, as provided in the section,
			 more than one time in any 12-month period.
(e) The pharmacist must inform the patient or
			 the patient's representative at the time of dispensing that the refill is being
			 provided without the practitioner's authorization, and that practitioner
			 authorization is required for any future refill.
(f) The dispensing pharmacist shall creates a
			 written prescription order containing all of the prescription information
			 required by federal and state statutes, rules and regulations and shall also
			 include the statement "Emergency Fill".
(g) The dispensing pharmacist shall notify
			 the prescriber, orally or in writing, of the emergency dispensing within
			 twenty-four (24) hours after such dispensing.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.08 - Requirements For The Use Of Controlled Substances For The Treatment Of Pain (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Original Rule
				  540-X-4-.07 was renumbered to .08
				  as per certification filed November 14, 2013; effective December 19,
				  2013.
Author:
Wendell R. Morgan, Patricia E. Shaner,
				  Attorneys for the Alabama Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-24-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-4 - CONTROLLED SUBSTANCES CERTIFICATE › Section 540-X-4-.09 - Risk And Abuse Mitigation Strategies

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board recognizes that all controlled
			 substances, including but not limited to, opiates, benzodiazepines, stimulants,
			 anticonvulsants, and sedative hypnotics, have a risk of addiction, misuse, and
			 diversion. It is the opinion of the Board that the best practice when
			 prescribing controlled substances shall include medically appropriate risk and
			 abuse mitigation strategies, which will vary from patient to patient.
			 Additional care should be used by practitioners when prescribing medication to
			 a patient from multiple controlled substance drug classes.
(2) Every practitioner shall provide his or
			 her patient with risk education prior to initiating controlled substances
			 therapy and prior to continuing the controlled substances therapy initiated by
			 another practitioner.
(3) Every
			 practitioner shall utilize medically appropriate risk and abuse mitigation
			 strategies when prescribing controlled substances. Examples of risk and abuse
			 mitigation strategies include, but are not limited to:
(a) Pill counts;
(b) Urine drug screening;
(c) PDMP checks;
(d) Consideration of abuse-deterrent
			 medications;
(e) Monitoring the
			 patient for aberrant behavior;
(f)
			 Using validated risk-assessment tools, examples of which shall be maintained by
			 the Board; and
(g) Co-prescribing
			 naloxone to patients receiving opioid prescriptions when determined to be
			 appropriate in the clinical judgment of the treating practitioner.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.01 - Conduct Of Hearings And Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Any hearing conducted by the Board pursuant to the provisions
				of the Alabama Uniform Controlled Substances Act,
Code of Ala.
				1975
, §§
								20-2-1, shall be considered a
				contested case under the Alabama Administrative Procedure Act
Code
				of Ala. 1975
, §§
								41-22-1 and shall be conducted in
				accordance with the requirements of that act, and the rules and regulations set
				out in Chapter 6, except that any appeal from the decision of the Board shall
				be governed by the provisions of
Code of Ala. 1975
,
				§
								20-2-53 as amended by Act
				2002-140.
Authors:
Wendell R. Morgan, Patricia E. Shaner,
				Attorney for the Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2-54,
				  41-22-20(b).
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.02 - Denial, Suspension, Revocation Or Refusal Of Renewal Of Registration Of An Alabama Controlled Substances Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Before denying, suspending, or revoking a
			 registration or refusing a renewal of registration, the Board shall serve upon
			 the applicant or registrant an order to show cause why registration should not
			 be denied, revoked or suspended or why the renewal should not be
			 refused.
(2) The order to show
			 cause shall contain a statement of the basis therefor and shall call upon the
			 applicant or registrant to appear before the Board at a time and place not less
			 than thirty days after the date of service of the order, but in the case of a
			 denial of renewal of registration the show cause order shall be served not
			 later than thirty days before the expiration of the registration.
(3) The proceedings shall be conducted in
			 accordance with the procedures established by the Board without regard to any
			 criminal prosecution or other proceeding. Proceedings to refuse renewal of
			 registration shall not abate the existing registration which shall remain in
			 effect pending the outcome of the administrative hearing.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										20-2-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.04 - Review Of And Appeal From Order Of Board Following Hearing On Alabama Controlled Substances Certificate Revocation Or Denial

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant or registrant adversely
			 affected by an order of the Board denying, suspending, or revoking a
			 registration or refusing the renewal of a registration, whether or not such
			 suspension, revocation or registration is limited, may seek judicial review of
			 the order by filing a written petition for review with the Alabama Court of
			 Civil Appeals, and, otherwise proceeding in accordance with the provisions of
			 the
Code of Ala. 1975
, §
								41-22-20.
(2) The following procedures shall take
			 precedence over the provisions of the
Code of Ala.
			 1975
, §
								41-22-20(c)
			 relating to the issuance of a stay of any order of the Board of Medical
			 Examiners suspending, revoking or restricting a registration. The suspension or
			 revocation or restriction of a registration shall be given immediate effect,
			 and no stay or supersedeas shall be granted pending judicial review of a
			 decision by the board to suspend, revoke or restrict a registration unless the
			 reviewing court, upon proof by the party seeking judicial review, finds in
			 writing that the action of the board was taken without statutory authority, was
			 arbitrary or capricious, or constituted a gross abuse of discretion.
			 Notwithstanding any other provision of law to the contrary, any action
			 commenced for the purpose of seeking judicial review of an administrative
			 decision of the board, including writ of mandamus, or judicial review pursuant
			 to the Alabama Administrative Procedure Act, must be filed, commenced, and
			 maintained in the Alabama Court of Civil Appeals.
Author:
Wendell R. Morgan, Attorney for the
				  Board of Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										20-2-53.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.05 - Reinstatement Of Certificate Of Qualification -Procedure And Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A request for
			 reinstatement of a certificate of qualification shall be made by filing with
			 the Board a completed Application for Reinstatement of Certificate of
			 Qualification on a form approved by the Board.
(2) An Application for Reinstatement of
			 Certificate of Qualification filed with the Board within twenty-four (24)
			 months of the effective date of the applicant's voluntary surrender of the
			 certificate of qualification may be dismissed by the Board as prematurely
			 filed.
(3) An Application for
			 Reinstatement of Certificate of Qualification filed with the Board more than
			 twenty-four (24) months following the effective date of the voluntary surrender
			 may be granted or may be set for a hearing before the Board.
(4) A hearing on the request for
			 reinstatement of a certificate of qualification shall be conducted as a
			 contested case under the Alabama Administrative Procedure Act (
Code
			 of Ala. 1975,
§§
								41-22-1 through
			 41-22-27).
(5) In a hearing on a request for
			 reinstatement of a certificate of qualification, the applicant shall have the
			 burden of establishing to the reasonable satisfaction of the Board that the
			 applicant is entitled to the specific relief requested. The Board shall take
			 into consideration in arriving at its decision the following:
(a) The seriousness and severity of
			 circumstances which led to the voluntary surrender of the certificate of
			 qualification.
(b) The occurrence
			 of any adjudicated violations of criminal or civil statutes since the effective
			 date of the voluntary surrender of the certificate of qualification.
(c) The hardships imposed upon the applicant
			 since the effective date of the voluntary surrender of the certificate of
			 qualification.
(d) The likelihood
			 that the circumstances which gave rise to the voluntary surrender of the
			 certificate of qualification would be repeated in the future.
(e) The length of time that has lapsed since
			 the effective date of the voluntary surrender of the certificate of
			 qualification.
(f) The protection
			 of the public and the patients of the applicant.
(g) The physical and mental health of the
			 applicant as it may relate to the ability of the applicant to practice medicine
			 in a safe and effective manner.
(h)
			 The extent of medical knowledge, training and experience of the applicant as
			 those factors may reflect upon the ability of the applicant to practice
			 medicine in a safe and effective manner.
(i) Any other conditions, facts or
			 circumstances which may be deemed relevant by the Board in considering an
			 application for reinstatement.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.06 - Application For Removal Of A Voluntary Restriction On Certificate Of Qualification - Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A hearing
			 before the Board on an application for removal of a voluntary restriction
			 attached to a certificate of qualification shall be conducted as a contested
			 case under the Alabama Administrative Procedure Act (Ala. Code §§
								41-22-1 through
			 41-22-27).
(2) The applicant shall have the burden of
			 establishing to the reasonable satisfaction of the Board that the applicant is
			 entitled to the specific relief requested.
Author:
Alabama State Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-330,
				  34-24-361(g).
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.07 - Application For Reinstatement Of Certificate Of Qualification And Application For Removal Of Voluntary Restriction On Certificate Of Qualification: The Processing Of Appeals From Decisions Of The Board Of Medical Examiners To The Medical Licensure Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Time for Appeal. An appeal must be initiated by a notice, in writing, directed
			 to the Medical Licensure Commission and filed with the Commission within thirty
			 (30) days from the date of the final order of the Board of Medical Examiners
			 denying an application for reinstatement of a certification of qualification,
			 or denying an application for removal of a voluntary restriction on a
			 certificate of qualification.
(2)
			 Scope of Appeal. The appeal to the Medical Licensure Commission shall not be a
			 hearing de novo, but shall be limited to a 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 reinstate the certificate
			 of qualification of the applicant. In the event the appeal grows out of a
			 denial by the Board for removal of a voluntary restriction on a certificate of
			 qualification, 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 shown, 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 to or refute such evidence.
(3) Record on Appeal. The record on appeal
			 shall consist of:
(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. It shall be the responsibility
			 of the appellant, at his expense, to insure 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 costs, copies of all documents in the
			 possession of the Board which constitute a portion of the record.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-5 - HEARINGS AND APPEALS › Section 540-X-5-.08 - Denial Of An Application For Initial Certificate Of Qualification: Appeal To The Medical Licensure Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An appeal from a denial by the Board of
			 an applicant for an initial certificate of qualification must be initiated by a
			 notice, in writing, directed to the Medical Licensure Commission and filed with
			 the Commission within thirty (30) days from the date of the letter of notice to
			 the applicant that the Board has denied the application for an initial
			 certificate of qualification.
(2)
			 The appeal to the Medical Licensure Commission shall be a hearing de novo, and
			 shall include the following:
(a) Reasonable
			 notice in writing of the time, place and nature of the hearing;
(b) The opportunity for all parties to
			 respond and present evidence and argument on all material issues involved;
			 and
(c) The opportunity for all
			 parties to be represented by counsel at their own expense.
Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-6 - CONDUCT OF HEARINGS IN CONTESTED CASES › Section 540-X-6-.01 - Application And Scope

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall apply to all hearings conducted by the
				Alabama State Board of Medical Examiners in its capacity as a certifying board
				under the Alabama Uniform Controlled Substances Act,
Code of Ala.
				1975
, §§
								20-2-1,
et
				seq
., which are conducted under the requirements of
Code of Ala. 1975
, §
								20-2-53. These rules shall not
				apply to the conduct of investigative hearings conducted pursuant to Rule
				540-X-5-.09 of the rules of the
				Board of Medical Examiners or to any interview, investigation, examination of
				witnesses or documents under subpoena, or other proceeding which is not
				classified as a contested case under the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §
								41-22-1. Nothing contained herein
				shall preclude the informal disposition of contested cases as permitted by
Code of Ala. 1975
, §
								41-22-12(e), and
				other pertinent provisions of these rules.
Author:
Wendell R. Morgan
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2-53;
				  20-2-54;
				  34-24-53;
				  41-22-1,
et
seq
.