Alabama Administrative Code

(1) The medical records and documents of every physician registered under these rules shall be open to inspection to the extent authorized by Code of Ala. 1975, § 34-24-608 and the Administrative Rules of the Board as set out below. (2) All inspections of physician records undert…

(1) The Board or its agents, on the Board's own motion or in response to a written complaint, may investigate known or suspected violations of §§ 34-24-600, et seq., Code of Ala. 1975, as amended, and may issue subpoenas. (2) In addition to the powers granted under §§ 34-24-600, …

(1) A violation of §§ 34-24-600, et seq., Code of Ala. 1975, as amended, as set out below in paragraphs (2) and (3) of this rule is grounds for disciplinary action and sanctions against a registrant as provided in this rule. (2) Any violation of §§ 34-24-600, et seq., Code of Ala…

Notes Ala. Admin. Code r. 540-X-19-.09 New Rule: Filed November 14, 2013; effective December 29, 2013. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Alabama Board of Medical Examiners Statutory Authority: Code of Ala. …

Except when §§ 20-2-50 through 20-2-58, Code of Ala. 1975, as amended, and Board Rules 540-X-4-.01 through 540-X-4-.07 are in conflict and shall take precedence, hearings related to Pain Management Services and Registrants as set out in this Chapter, are to be governed and conduc…

(1) The following definitions shall apply to these rules:(a) Colleges of Medicine Accredited by the American Medical Association: Colleges of medicine which are accredited by the Liaison Committee on Medical Education (L.C.M.E.) of the American Medical Association as are listed i…

These rules incorporate by reference those definitions contained in Code of Ala. 1975, §§ 20-2-2, 41-22-3, unless the context clearly indicates otherwise. For the purposes of these rules the following words and phrases shall have the respective meanings ascribed by this section: …

(1) Unless otherwise indicated from the context, the following definitions shall apply to the Rules of the Alabama Board of Medical Examiners: (a) PHYSICIAN. Either a doctor of medicine or a doctor of osteopathy. (b) LICENSED TO PRACTICE MEDICINE. Both the practice of medicine by…

(1) The Alabama Board of Medical Examiners is the certifying board which may issue, renew, deny, limit, restrict, suspend or revoke a Limited Purpose Schedule II Permit (LPSP) for qualified Physician Assistants (PAs), qualified Certified Registered Nurse Practitioners (CRNPs), an…

To qualify for an LPSP, an individual must meet requirements which are the following: (1) A PA shall have a current, active and unrestricted Alabama license to practice as a physician assistant, shall be registered to practice with a supervising physician, and shall have a curren…

(1) Effective January 1, 2015, the Board may issue an LPSP to a PA, a CRNP, or a CNM when all of the requirements for issuance have been met. (2) Every LPSP issued shall have a unique LPSP number which identifies the particular applicant as a PA, a CRNP, or a CNM with a valid LPS…

(1) Renewal of an LPSP shall be annually on or before Jan. 1 of each year. (2) An application for annual renewal of an LPSP shall be received by the Board on or before December 31 and shall be accompanied by the required LPSP renewal fee. (3) Before renewing an LPSP, the applican…

(1) The application fee for an initial LPSP is Twenty-Five Dollars ($25.00), which shall be submitted to the Board. (2) An applicant for annual renewal of an LPSP submitted on or before the renewal deadline of December 31 shall submit to the Board an LPSP renewal fee in the amoun…

(1) When prescribing controlled substances, a PA, CRNP, or CNM shall use a prescription form which includes all of the following: (a) The name, medical practice site address and telephone number of the supervising/collaborating physician. (b) The full name of the PA, CRNP, or CNM…

The Board may deny, restrict, limit, suspend or revoke an LPSP based on the following grounds: (1) Fraud or deceit in applying for, procuring or attempting to procure an LPSP. (2) Conviction of a crime under any state or federal law relating to any controlled substance. (3) Convi…

(1) Any hearings concerning the LPSP shall be before the Board. (2) Any hearing before the Board shall be considered a contested case under the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-1, et. seq., and shall be conducted in accordance with the requirements…

(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 prescr…

Notes Ala. Admin. Code r. 540-X-21-.01 Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 4/23/2015. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023. Author: Alabama Board of Medical Ex…

Notes Ala. Admin. Code r. 540-X-21-.02 Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 4/23/2015. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023. Author: Alabama Board of Medical Ex…

Notes Ala. Admin. Code r. 540-X-21-.03 Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 4/23/2015. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023. Author: Alabama Board of Medical Ex…

Notes Ala. Admin. Code r. 540-X-21-.04 Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 06, March 31, 2015, eff. 4/23/2015. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023. Author: Alabama Board of Medical Ex…

The State of Alabama has passed legislation to become a member state of the Interstate Medical Licensure Compact. The Alabama Board of Medical Examiners and the Medical Licensure Commission of Alabama are member boards of the Interstate Medical Licensure Compact Commission. Notes…

For the purposes of this rule, the following terms shall have the meanings ascribed to them: (1) BYLAWS. Those bylaws established by the interstate commission pursuant to Code of Ala. 1975, § 34-24-530 for its governance, or for directing and controlling its actions and conduct. …

A physician who applies for an expedited license through the Interstate Medical Licensure Compact Commission and who meets the eligibility requirements as defined in Rule 540-X-22-.02(11) shall be granted an expedited license to practice medicine or osteopathy in the state of Ala…

Upon receipt of an application for an expedited license submitted through the Interstate Medical Licensure Compact by a physician who has selected Alabama as the state of principal license, the Alabama Board of Medical Examiners shall cause to be conducted a primary source verifi…

A physician who receives a Letter of Qualification from the Alabama Board of Medical Examiners denying eligibility to obtain licensure through the Interstate Medical Licensure Compact shall have the right to appeal such decision in accordance with the procedures for a denial of a…

Upon the receipt of all applicable fees and a Letter of Qualification stating that the applicant meets qualifications set out in Rule 540-X-22-.02(11) above, including a criminal background check in accordance with Code of Ala. 1975, § 34-24-524(b)(2), as well as any other qualif…

Upon the receipt of the applicable renewal fees and correspondence from the Interstate Medical Licensure Compact Commission indicating that the applicant (1)continues to maintain a full and unrestricted license in a state of principal license; (2) has not been convicted, received…

(1) The Interstate Medical Licensure Compact Commission shall collect and the Alabama Board of Medical Examiners shall be distributed a fee in an amount as set out in Interstate Medial Licensure Compact Commission Rule 3.4 (1)(b), when designated as a state of principal licensure…

(1) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered, or relinquished in lieu of discipline, or suspended, then all such licenses issued to the physician by member boards shall automatically be placed, without furth…

The Interstate Medical Licensure Compact Commission rules are hereby incorporated by reference and shall be followed with regard to the Interstate Medical Licensure Compact in the State of Alabama and the processes concerning obtaining an expedited license through the Interstate …

(1) Active Practice: A physician may be said to be in active clinical practice when any amount of direct patient care has been provided during the preceding two years. (2) Direct Patient Care: Direct patient care has been provided when a physician treats, or professes to diagnose…

(1) This rule shall apply in the following instances:(a) Physician applicants seeking a certificate of qualification, who otherwise qualify for a certificate of qualification, but who have been absent from clinical practice for two years or more may obtain a certificate of qualif…

(1) A physician's absence from clinical practice for more than two years creates a rebuttable presumption of clinical incompetence. A physician, whether he or she is an applicant or licensee, who has not actively practiced or who has not maintained continued competency, as determ…

(1) Active Practice: A physician assistant may be said to be in active clinical practice when any amount of direct patient care has been provided during the preceding two years. (2) Direct Patient Care: Direct patient care has been provided when a physician assistant treats, or p…

(1) This rule shall apply in the following instances:(a) Physician assistant applicants seeking a license to practice, who otherwise qualify for a license, but who have been absent from clinical practice for two years or more may obtain a license by entering into a reentry agreem…

(1) A physician assistant's absence from clinical practice for more than two years creates a rebuttable presumption of clinical incompetence. A physician assistant, whether he or she is an applicant or licensee, who has not actively practiced or who has not maintained continued c…

This Chapter implements the provisions of the Darren Wesley "A to" Hall Compassion Act (Act 2021-450; Code of Ala. 1975, §§ 20-2A-1, et. seq.) relating to the physician recommendation of medical cannabis. This Chapter shall establish the eligibility requirements and process for a…

The following definitions shall apply to the rules in this chapter: (1) AMCC. The Alabama Medical Cannabis Commission created pursuant to Code of Ala. 1975, § 20-2A-20. (2) BOARD. The Alabama State Board of Medical Examiners. (3) CANNABIS. All parts of any plant of the genus cann…

Every physician licensed to practice in Alabama who certifies or recommends a patient for the use of medical cannabis within Alabama pursuant to Code of Ala. 1975, §§ 20-2A-1, et. seq. or who proposes to certify or recommend a patient for the use of medical cannabis within Alabam…

(1) To obtain an Alabama Medical Cannabis Certification Permit, a physician applicant shall submit the following to the Board:(a) A completed application on a form prescribed by the Board. (b) Proof of an active, unrestricted license to practice medicine or osteopathy in Alabama.…

No physician shall obtain an Alabama Medical Cannabis Certification Permit unless he or she: (1) Possesses an active, unrestricted license to practice medicine or osteopathy in Alabama; (2) Possesses an active, unrestricted ACSC registration; (3) Possesses an active, unrestricted…

(1) The Board may deny issuance or renewal of or revoke the Alabama Medical Cannabis Certification Permit of a physician who: (a) Fails to meet or maintain any of the requirements set forth in Code of Ala. 1975, §§ 20-2A-1, et seq., or Ala. Admin. Code R. 540-X-25-.01, et seq.; (…

(1) Renewal of an Alabama Medical Cannabis Certification Permit shall be annually on or before December 31 of each year. (2) Annual permit renewal shall occur upon completion of a renewal application in a form prescribed by the Board and payment of a renewal fee. (3) The fee for …

(1) Prior to the initial issuance of, or reinstatement thereof, an Alabama Medical Cannabis Certification Permit, a physician shall have, within the two (2) years preceding their application, completed a four (4) hour course related to medical cannabis, and have received a passin…

(1) Except for the limited purpose of performing a medical cannabis-related study, a registered certifying physician shall not accept, solicit, or offer any form of remuneration from or to a qualified patient, designated caregiver, or any licensee of the AMCC, including a princip…

(1) In order to recommend a patient for the use of medical cannabis, a registered certifying physician shall, within the scope of his or her usual medical practice or specialty, diagnose a patient with at least one qualifying medical condition or shall confirm, through personal, …

(1) A registered certifying physician may not lawfully recommend the use of medical cannabis with a potency greater than three percent (3%) tetrahydrocannabinol to any minor for any qualifying medical condition. (2) A registered certifying physician shall not recommend a dosage o…

(1) The following definitions are applicable to collaborative drug therapy management: (a) "Agreement" means the Collaborative Drug Therapy Management Agreement. (b) "Board of Medical Examiners" means the State Board of Medical Examiners established pursuant to Ala. Code § 34-24-…

(1) Physicians and pharmacists may only engage in Collaborative Drug Therapy Management when: (a) An Agreement has been appropriately executed and a written attestation has been filed with and approved by the Board of Pharmacy and the Board of Medical Examiners; and (b) The patie…