Alabama Administrative Code › Title 545 - MEDICAL LICENSURE COMMISSION OF ALABAMA › Chapter 545-X-4 - MISCELLANEOUS › Section 545-X-4-.06 - Unprofessional Conduct

Current through Register Vol. 42, No. 9, June 28, 2024
Unprofessional conduct shall mean the Commission or omission of
				any act that is detrimental or harmful to the patient of the physician or
				detrimental or harmful to the health, safety, and welfare of the public, and
				which violates the high standards of honesty, diligence, prudence and ethical
				integrity demanded from physicians and osteopaths licensed to practice in the
				State of Alabama. Furthermore, without limiting the definition of
				unprofessional conduct in any manner, the Commission sets out the below as
				examples of unprofessional conduct:
(1) The refusal by a physician to comply,
			 within a reasonable time, with a request from another physician for medical
			 records or medical information when such request is accompanied by a properly
			 executed authorization of the patient.
(2) Intentionally, knowingly or willfully
			 causing or permitting a false or misleading representation of a material fact
			 to be entered on any medical record of a patient.
(3) Intentionally, knowingly or willfully
			 preparing, executing or permitting the preparation by another of a false or
			 misleading report or statement concerning the medical condition or extent of
			 disability of a patient.
(4) The
			 prescribing, dispensing, administering, supplying or otherwise distributing of
			 any Schedule II amphetamine and/or Schedule II amphetamine-like anorectic drug
			 in violation of
Code of Ala. 1975
, §
								20-2-54,
			 as amended in Action No. 83-890, Special Session, 1983.
(5) The failure to report to the Alabama
			 State Board of Medical Examiners any final judgment rendered against such
			 physician during the preceding year or any settlement in or out of court during
			 the preceding year, resulting from a claim or action for damages for personal
			 injuries caused by an error, omission or negligence in the performance of his
			 professional services without consent as required by
Code of Ala.
			 1975
, §
								34-24-56.
(6) The refusal or failure by a physician to
			 comply with an order entered by the Medical Licensure Commission or by the
			 Board of Medical Examiners issued pursuant to
Code of Ala.
			 1975
, Section
			 34-24-360(19)
			 or (20)   or pursuant to
Code of
			 Ala 1975
, Section
			 34-24-361(h).
(7) Intentionally or knowingly making a
			 false, deceptive or misleading statement in any advertisement or commercial
			 solicitation for professional services and/or intentionally or knowingly making
			 a false, deceptive or misleading statement about another physician or group of
			 physicians in any advertisement or commercial solicitation for professional
			 services.
(8) Failure or refusal of
			 a J-l physician to comply with waiver service requirements stated in the J-l
			 Visa Waiver Affidavit and Agreement signed by a J-l physician.
(9) Conduct which is immoral and which is
			 willful, shameful, and which shows a moral indifference to the standards and
			 opinions of the community.
(10)
			 Conduct which is dishonorable and which shows a disposition to lie, cheat, or
			 defraud.
(11) Failing or refusing
			 to maintain adequate records on a patient or patients.
(12) Prescribing or dispensing a controlled
			 substance to oneself or to one's spouse, child, or parent, unless such
			 prescribing or dispensing is necessitated by emergency or other exceptional
			 circumstances.
(13) Signing a
			 blank, undated or predated prescription form.
(14) Representing that a manifestly incurable
			 disease or infirmity can be permanently cured, or that any disease, ailment or
			 infirmity can be cured by a secret method, procedure, treatment, medicine or
			 device, if such is not the fact.
(15) Refusing to divulge to the board or
			 commission upon demand the means, method, procedure, modality of treatment, or
			 medicine used in the treatment of a disease, injury, ailment or
			 infirmity.
(16) Knowingly making
			 any false or fraudulent statement, written or oral, in connection with the
			 practice of medicine or osteopathy or in applying for privileges or renewing an
			 application for privileges at a health care institution.
(17) Sexual misconduct in the practice of
			 medicine as defined in Rule
			 545-X-4-.07.
(18) Representing or holding oneself out as a
			 medical specialist when such is not the case.
(19) Failing to furnish information in a
			 timely manner to the board or Commission if requested by the board or
			 Commission.
(20) Failing to report
			 to the board in a timely manner information required to be reported by
Code of Ala. 1975
, Section
			 34-24-361(b).
(21) Giving false testimony in any judicial
			 or administrative proceeding.
(22)
			 The violation of any rule promulgated by the Alabama Board of Medical Examiners
			 or the Medical Licensure Commission pursuant to their rule making authority as
			 set forth in the Alabama Administrative Procedures Act.
Authors:
Wayne P. Turner, Wallace D. Mills
Statutory
Authority:
Code of Ala. 1975
, §
										34-24-360(2).