Alabama Administrative Code

(1) This rule is promulgated pursuant to the Alabama Limited Liability Partnership Act, Sections 10-8A-1001 through 10-8A-1010. This rule is applicable to professional registered limited liability partnerships formed for the purposes of rendering medical professional services by …

(1) Definitions. (a) ACTIVE PATIENTS. Active patients are any patients treated by the physician one or more times during the immediately preceding thirty-six (36) months. (b) NOTIFICATION. Notification shall be conducted by US Mail in a form letter to the active patients at their…

(1) It is the position of the Board that, when prescribing medications to an individual, the prescriber, when possible, should personally examine the patient. Before prescribing a medication, a physician should make an informed medical judgment based on appropriate medical histor…

(1) 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 info…

(1) This rule is promulgated pursuant to the Natural Death Act, Code of Ala. 1975, § 22-8A-4.1(b)(2). The intent of this rule is to provide for the issuance of a verbal DNAR Order by a patient's attending physician, if the patient's attending physician is unable to timely go to t…

(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 professi…

(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 c…

(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 a…

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: Notes Ala. Admin. Code r. 545-X-1-.04 Filed May 6, 1983. Statutory Authority: Code of Ala. 1975, § 34-24-311.…

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: Notes Ala. Admin. Code r. 545-X-1-.05 Filed May 6, 1983. Statutory Authority: Cod…

The Commission is authorized to: (1) issue, revoke, suspend, or otherwise discipline and reinstate all licenses authorizing doctors of medicine and doctors of osteopathy to practice in the State of Alabama. (2) promulgate rules and regulations as it deems proper for implementing …

(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 …

(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 t…

(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 …

(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 Commissi…

(1) 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 sect…

(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 b…

Notes Ala. Admin. Code r. 545-X-2-.02 Filed May 6, 1983. Amended: Filed November 14, 1988. Repealed by Alabama Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021, eff. 8/14/2021. Author: Unknown, Wallace D. Mills Statutory Authority: Code of Ala. 1975, § 34-24-334.…

(1) Every person licensed to practice medicine shall apply to the Commission, on or before December 31 of each succeeding year for a certificate of registration. (2) Each application, which shall include the physician's name, address, the date and license number and signature, mu…

An example of the application for a certificate of registration is contained in Appendix B to Chapter 2. Author: Notes Ala. Admin. Code r. 545-X-2-.04 Filed May 6, 1983. Statutory Authority: Code of Ala. 1975, §§ 34-24-337, 34-24-338.

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…

(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…

(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) T…

(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, the Medical Licensure Commission of Alabama, after being satisfied that al…

Notes Ala. Admin. Code r. 545-X-3-.01 Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed June 27, 1986. Amended: Filed March 4, 2003; effective April 8, 2003. Amended: Filed May 5, 2010; effective June 9, 2010. Repealed by Alabama …

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. Notes Ala. Admin. Code r. 545-X-3-.02 Filed May 6, 1983. Repealed and new rule adopted…

(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 …

(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 …

(1) To any such hearing, witnesses may be subpoenaed by the Commission on its own motion, or on the demand of either party by subpoena signed by the chairman of the Commission, by a hearing officer appointed by the Commission to preside over a contested case, or by the executive …

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 represen…

(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 ca…

(1) The Commission may appoint, from time to time, a hearing officer for the purposes of presiding over and conducting contested case hearings before the Commission and issuing pre-hearing rulings as may be necessary to the orderly conduct of said cases. The hearing officer shall…

(1) In contested cases, the rules of evidence as applied in nonjury civil cases in the circuit courts of the state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (excep…

(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 cond…

(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 sha…

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 c…

(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 tha…

(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 pane…

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…

(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 …

(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 appli…

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…

It is resolved by the Commission that the Commission encourages the consistent and regular attendance of its members. Author: Notes Ala. Admin. Code r. 545-X-4-.03 Filed May 6, 1983. Statutory Authority: Code of Ala. 1975 § 34-24-311.

Author: Notes Ala. Admin. Code r. 545-X-4-.04 Filed May 6, 1983. Repealed: Filed March 4, 2003; effective April 8,2003. Statutory Authority: Code of Ala. 1975, § 34-24-311.

(1) Acupuncture is deemed by the Medical Licensure Commission to be an experimental procedure of which the safety and medical effectiveness has not been established. The Commission therefore determines that while acupuncture practice by licensed physicians should not be absolutel…

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…

(1) The prohibition against sexual contact between a physician and a patient is well established and is embodied in the oath taken by physicians, the Hippocratic Oath. The prohibition is also clearly stated in the Code of Medical Ethics of the American Medical Association. The re…

(1) Definitions. (a) ACTIVE PATIENTS. Active patients are any patients treated by the physician one or more times during the immediately preceding thirty-six (36) months. (b) NOTIFICATION. Notification shall be conducted by US Mail in a form letter to the active patients at their…

The maintenance of adequate medical records is an integral part of good medical care. Adequate records are necessary to ensure continuity of care, not only by the physician who maintains a particular record, but by other medical professionals. Therefore, every physician licensed …

(1) Unless provided for elsewhere in these rules, service of pleadings, notices, and other papers by the Commission, parties, or interested persons may be affected by one of the following methods: (a) by service in accordance with the Alabama Rules of Civil Procedure; (b) by plac…