540-X-1-.01 Composition Of The Board. The Board of Censors of the Medical Association of the State of Alabama, as constituted under the laws now in force, or which may hereinafter be in force, and under the constitution of said association, as said constitution now exists or may hereafter exist, is constituted the State Board of Medical Examiners.

Statutory Authority: Code of Ala. 1975, §34-24-53.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.02 Officers Of The Board.

(1) The Board shall elect from its members a chairman and a vice chairman. The election of officers shall be held annually.

(2) The duties of the officers shall be as follows:

(a) The chairman shall preside at meetings of the Board and appoint members to serve on such committees as may be created.

(b) The vice chairman shall preside in the absence of the chairman and shall assume the duties of the chairman when necessary.

Statutory Authority: Code of Ala. 1975, §34-24-53.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.03 Meetings Of The Board.

(1) The Board shall meet each month, usually the third Wednesday of each month.

(2) Special meetings may be called at the request of the chairman.

(3) At least five members of the Board shall constitute a quorum and as such shall be competent to act.

(4) The executive director or his designee shall keep a record of all meetings. The place of each meeting of the Board, names of the members present, all official acts of the Board, and the votes shall be recorded in the minutes. The minutes shall be presented for approval or amendment at the next regular meeting, which upon approval will be signed and each page initialed by the chairman. The minutes, not including any section relating to the good name or character of an individual, shall be open to public inspection.

(5) All meetings of the Board, not including any part relating to the good name or character of an individual, shall be open and public. All reports of investigations; documents subpoenaed by the Board; reports of any investigative committee appointed by the Board; memoranda of the Board's counsel relating to investigations; statements of persons interviewed by the Board or any committee of the Board; all information, interviews, reports, statements or memoranda of any king furnished to the Board or any committee of the Board; and any findings, conclusions or recommendations resulting from proceedings of the board or any committee of the Board, unless presented as evidence at a public hearing, shall be privileged and confidential, shall be used only in the exercise of the proper functions of the Board, and shall not be public records nor be available for court subpoena or for discovery proceedings.

(6) Meetings of the Board are governed by Sturgis Standard Code of Parliamentary Procedure and/or any amendments adopted by the Board.

Authors: Patricia E. Shaner, Esq., Wendell R. Morgan, Esq., Attorneys for the Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§6-5-533, 34-24-53, 34-24-58.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983. Amended: Filed August 22, 2002; effective September 26, 2002.

540-X-1-.04 Executive Director.

(1) The Board shall employ a qualified individual to serve as Executive Director, whose duties, responsibilities and compensation shall be set by the Board.

(2) The Board may, from time to time, direct that the Executive Director perform, execute or carry out specific duties on behalf of the Board.

(3) The Executive Director is authorized by the Board to perform, execute or carry out on behalf of the Board duties including, but not limited to the following:

(a) Sign interim confidential orders, including orders for urine/blood drug screens, for psychiatric, psychological and neuropsychological evaluations, for professional sexual misconduct evaluations, for any physical examination/evaluation, for any mental examination/evaluation, for any laboratory examination/evaluation, for chemical dependency evaluations, for release of evaluation/examination records, for testing for medical knowledge, for evaluation of clinical competency, and for obtaining continuing medical education relating to prescribing practices.

(b) Sign subpoenas and subpoenas duces tecum.

(c) Sign administrative complaints, orders to show cause, and notices of hearings.

(d) Sign letters of concern.

(e) Sign letters requesting that a physician attend an interview with the Board.

Author: Patricia E. Shaner

Statutory Authority: Code of Ala. 1975, §34-24-53.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983. Amended: Filed June 26, 2003; effective July 31, 2003.

540-X-1-.05 Staff/Administrative Personnel. The Board or the executive director with the concurrence of the Board shall employ qualified individuals to serve as staff and/or administrative personnel, including investigators. The duties, responsibilities and compensation for each such employee shall be set by the Board or the executive director with the concurrence of the Board.

Statutory Authority: Code of Ala. 1975, §34-24-53.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.06 Information. Members of the general public may obtain information or make submissions or requests to the Executive Director, Alabama Board of Medical Examiners, P. O. Box 946, Montgomery, Alabama 36104.

Statutory Authority: Code of Ala. 1975, §34-24-53.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983. Amended: Filed March 15, 2001; effective April 19, 2001.

540-X-1-.07 Powers And Duties Of The Board. The Board is authorized to:

(a) Adopt and promulgate rules and regulations and to do such other acts as may be necessary to carry into effect the duties and powers which accrue to the Board under laws now in force or which may hereafter be in force.

(b) Issue certificates of qualification to the Medical Licensure Commission for applicants meeting the statutory qualifications for licensure.

(c) Commence and maintain proceedings to restrain the unlawful practice of medicine.

(d) Serve as the certifying board for physicians applying for an Alabama Controlled Substances Certificate.

(e) Carry out the provisions of law relating to assistants to physicians.

(f) Administer and/or approve an examination in certain specified branches of medical learning.

(g) Keep complete records of all examinations held by the Board.

(h) Keep complete minutes of all the Board's proceedings.

(i) Keep records of all reports of claims or actions for negligence in the performance of a licensee's professional services and review the reports annually.

(j) Approve, jointly, with the Alabama Board of Nursing, qualified applicants for collaborative practice as Certified Registered Nurse Practitioners and Certified Nurse Midwives.

(k) Record and maintain a permanent file on all professional corporations incorporated by physicians and osteopaths.

(l) Administer and enforce the provisions of the Controlled Substances Therapeutic Research Program.

(m) Furnish all personnel and facilities necessary to administer and enforce the provisions of law relating to the Medical Licensure Commission.

(n) Employ investigators, attorneys, agents and other employees necessary to aid the Medical Licensure Commission in the administration and enforcement of the sections of law applicable to said commission.

(o) Certify applications of Alabama licenses for reciprocity in other states.

(p) Promote continuing medical education of all physicians and osteopaths licensed by the commission.

(q) The Board on its own motion may investigate any evidence which appears to show that a physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in Alabama is or may be guilty of any of the acts, offenses or conditions set out in Code of Ala. 1975, §34-24-361.

(r) Request that the Medical Licensure Commission temporarily suspend a license to practice medicine when the statutory grounds for temporary suspension are present.

(s) Accept surrender of, or grant the request for restrictions on, a certificate of qualification.

(t) Submit recommendations to the Medical Licensure Commission for disposition of complaints against physicians found to be in violation of any of the specified grounds for suspension or revocation of a license to practice medicine.

Authors: Wendell R. Morgan, Patricia E. Shaner, Attorneys for the Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§10-4-229, 10-4-230, 20-2-50, 20-2-52, 20-2-53, 20-2-54, 20-2-113, 34-19-3, 34-19-10, 34-24-52, 34-24-53, 34-24-56, 34-24-70, 34-24-71, 34-24-72, 34-24-73, 34-24-75, 34-24-76, 34-24-77, 34-24-78, 34-24-290, 34-24-292, 34-24-293, 34-24-312, 34-24-313, 34-24-330, 34-24-331, 34-24-336, 34-24-361.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983. Amended: Filed March 15, 2001; effective April 19, 2001. Amended: Filed August 22, 2002; effective September 26, 2002.

540-X-1-.08 Rules And Regulations.

(1) All rules and regulations of the Board shall be adopted, amended or repealed in accordance with the Alabama Administrative Procedure Act.

(2) Prior to adoption, amendment or repeal of any rule the Board shall:

(a) Give at least thirty-five days' notice of its intended action--such notice shall include a statement of either the terms of substance of the intended action or a description of the subjects and issues involved, and the time when, the place where, and the manner in which interested persons may present their views thereon--and the notice shall be published in the Alabama Administrative Monthly; and

(b) Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing. The Board shall consider fully all written and oral submissions respecting the proposed rule.

(3) If the Board finds that an imminent peril to the public health, safety or welfare requires adoption of a rule upon fewer than thirty-five days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing it finds practical, to adopt an emergency rule. The rules may be effective for a period of not longer than one hundred twenty days.

(4) After adoption by the Board, each rule shall be filed with the Legislative Reference Service, becoming effective thirty-five days thereafter.

Statutory Authority: Code of Ala. 1975, §41-22-5.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.09 Petition For Adoption, Amendment Or Repeal Of A Rule.

(1) Any interested person may petition the Board requesting the adoption, amendment or repeal of a rule. The petition shall:

(a) Be submitted in writing;

(b) Include an exact statement of the proposed rule, amendment or identification of the rule to be repealed;

(c) Include the pertinent facts, data, opinions or arguments in support of the petitioner's position.

(2) Within sixty days after submission of a petition, the Board shall initiate rule-making proceedings or shall deny the petition in writing on the merits, stating its reasons for the denial.

(3) A petition requesting adoption, amendment or repeal of a rule shall not be considered by the Board if the subject of the petition is the same or similar to the subject presented in another petition considered by the Board within the previous twelve months.

Statutory Authority: Code of Ala. 1975, §41-22-8.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.10 Declaratory Rulings.

(1) Any persons substantially affected by a rule may petition the Board for a declaratory ruling with respect to the validity of a rule or the applicability to any person, property or state of facts of any rule or statute enforceable by it or with respect to the meaning and scope of any order of the Board.

(2) The petition shall be in writing and shall include:

(a) The name and address of the petitioner;

(b) A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule;

(c) The rule, statute or order and the reasons for the questions.

(3) The petition will be considered and answered in writing by the Board within forty-five days unless the Board is unable to reach a decision on the facts presented.

(4) Circumstances in which rulings shall not be issued include but are not necessarily limited to:

(a) Lack of jurisdiction,

(b) Lack of clarity of the issues presented,

(c) No clear answer determinable.

(5) In the event the Board declines to issue a ruling, the petitioner shall be notified in writing that the request for a declaratory ruling was denied and the reasons therefor shall be specified.

Statutory Authority: Code of Ala. 1975, §41-22-11.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.11 Public Inspection Of Rules.

(1) All rules and other written statements of policy or interpretations formulated, adopted or used by the Board in the discharge of its functions shall be made available for public inspection and copying, at cost.

(2) All final orders, decisions and opinions of the Board shall be available for public inspection and copying, at cost, except those expressly made confidential or privileged by statute or order of the court.

Statutory Authority: Code of Ala. 1975, §41-22-4.

History: Filed November 9, 1982. Readopted: Filed February 8, 1983.

540-X-1-.12 Consultants.

(1) The Board may employ consultants to render professional services such as medical record review and providing expert testimony in contested cases to aid the Board in carrying out the purposes of the laws regulating the practice of medicine or osteopathy within the State of Alabama. Consultants may be compensated for professional services rendered at a maximum rate of up to $200.00 per hour. In addition, consultants may be reimbursed for actual reasonable expenses for travel, lodging, meals, long distance telephone expense, and other expenses reasonably incurred in the performance of the consultant's professional services.

(2) Members of the Board of Medical Examiners may render professional services to the Board as consultants when approved by the Board and may be reimbursed for such services rendered and for expenses as stated in paragraph (1) of this rule; provided, however, that no Board member shall be reimbursed under paragraph (1) of this rule for any day that such Board member receives per diem and mileage reimbursement for attendance at Board functions and travel pursuant to Code of Ala. 1975, §34-24-54.

Author: Wendell R. Morgan

Statutory Authority: Code of Ala. 1975, §34-24-313.

History: Filed August 16, 1990; effective September 20, 1990. Amended: Filed October 20, 1999; effective November 24, 1999. Amended: Filed March 15, 2001, effective April 19, 2001.

540-X-1-.13 Board Listings Of Assistants To Physicians.

(1) The Board shall publish, on a periodic basis, a current listing of all assistants to physicians in all categories established pursuant to Code of Ala. 1975, §34-24-293(b), who are certified by the Board. The published listing shall contain the following: the name of each assistant; the name of the physician to whom each assistant is certified; the address of each assistant/physician practice location; each assistant's certification number provided by the Board; the issuance date of each certification; and the renewal history of each certification.

(2) The cost of the published listing shall be $50.00.

Author: Patricia E. Shaner, Associate General Counsel for the Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§34-24-53(a), 34-24-293(a).

History: Approved for Publication: October 20, 1993. Approved/Adopted: December 15, 1993. Effective Date: January 20, 1994.

(1) The following fee schedule will apply to all organizations (except state and local government agencies) requesting information from the Board of Medical Examiners/Medical Licensure Commission database:

(a) A fee of five cents ($.05) per record, up to ten (10) data fields, and a fee of one cent ($.01) for each data field exceeding ten (10) will be charged. These fees apply to data released on 3 1/2" high density mini-disks in standard DBASE® or ASCII Standard TAB delimited comma separated formats or printed documents;

(b) Additional charges will incur for (but may not be limited to) the cost of mini-disks ($1.00 each), paper at $.01 per page, and applicable postage;

(c) A minimum total fee of $50.00 will be charged for each request.

(2) State and local government agencies will be exempt from all charges except for materials used. These agencies may choose to supply their own disks or paper and pick up the data, thereby avoiding all charges.

Author: Patricia E. Shaner, Associate General Counsel for the Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§34-24-53(a), 34-24-293(a).

History: New Rule: Filed August 21, 1995; effective September 27, 1995. Amended: Filed December 17, 1997; effective January 21, 1998.

(1) An application packet containing the appropriate application and informational documents shall be furnished by the Board to persons or entities which request, in writing, an application for a certificate of qualification for a license to practice medicine in Alabama.

(2) A fee of Twenty and 00/100s Dollars ($20.00) shall be charged for each application packet requested. Upon receipt by the Board of the appropriate fee amount, the application packet(s) will be forwarded to the requesting party.

Author: Patricia E. Shaner, Associate General Counsel for the Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§34-24-53(a), 34-24-293(a).

History: New Rule: Filed July 23, 1999; effective August 27,