Title 34 — Title 34

Regulations; Quorum; Fund to Defray Litigation Costs. (a) The Board of Censors of the Medical Association of the State of Alabama, as constituted under the laws now in force, or which may hereafter be in force, and under the constitution of the association, as the constitution no…

(a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the practice of medicine or osteopathy includes the power to prohibit unlicensed persons from practicing medicine or osteopathy and the power to regulate how licensed persons pract…

Commencing June 1, 2025, each member and employee of the State Board of Medical Examiners is subject to the state ethics laws, Chapter 25 of Title 36, or any successor act thereof providing an ethics code for public servants. History: (Act 2025-71, §3.)

(a) The member states hereby create the Interstate Medical Licensure Compact Commission. (b) The purpose of the interstate commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function. (c) The interstate commission shall be…

The interstate commission shall have the duty and power to do all of the following: (a) Oversee and maintain the administration of the compact. (b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact. (c) Issue, upon the request of …

(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year f…

(a) The interstate commission, by a majority of commissioners present and voting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first interstate commission meeting. (b) The interstate c…

(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the sco…

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the purposes and intent of the compact. The provisions of the compact and the rules promulga…

(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact. (b) The interstate commission, by majority vote of the commissioners, may initiate legal action in the United States District Court for the District…

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact. (b) If the interstate commiss…

(a) The interstate commission, upon the request of a member state, shall attempt to resolve disputes which are subject to the compact and which may arise among member states or member boards. (b) The interstate commission shall promulgate rules providing for both mediation and bi…

(a) Any state is eligible to become a member state of the compact. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of th…

and Commission Members. All funds received by the State Board of Medical Examiners shall be deposited to the credit of the board in a federally insured financial institution selected by the board. Such funds may be expended for any lawful purpose authorized by this chapter upon a…

(a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (b) Withdrawal from the compact shall …

(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state. (b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or …

(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of the compact shall be liberally construed to effectuate its purposes…

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (c) All lawful actions of the interstate commission,…

Nothing in this chapter shall prohibit the administration of domestic remedies in a family by any member thereof, or prohibit any person from rendering service to a sick or injured person in an emergency. History: (Code 1907, §1646; Code 1923, §2872; Code 1940, T. 46, §295.)

Sanction for Failure to Make Report. (a) Every physician or surgeon who holds a license, certificate, or other similar authority issued under the provisions of this article and every professional corporation or professional association of a physician or surgeon shall, during the …

Suspension or Revocation of License, Etc.; Notification; Failure to Comply. (a) The Board of Medical Examiners shall keep a record of all reports made under the provisions of Section 34-24-56, and each year shall review the record of any licensee, certificate holder, or person ho…

(a) The decisions, opinions, actions and proceedings rendered, entered or acted upon in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist of any committee of physicians or surgeons, acting as a committee of the Medical Associ…

(a) The chief administrative officer of each hospital shall report to the Alabama State Board of Medical Examiners any disciplinary action taken concerning any physician when the action is related to professional ethics, negligence, or incompetence in the practice of medicine, mo…

(a)(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 i…

This article shall be known as and may be cited as the Alabama Pain Management Act. History: (Act 2013-257, p. 673, §1.)

The Legislature finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitute a serious threat to the health, safety, and welfare of the citizens of the State of Alabama. …

(a) Authority. The Alabama Board of Medical Examiners shall have the jurisdiction and authority necessary to carry out the provisions and intent of this article. (b) Intent. The article is intended to require physicians to register under the provisions of this article, and to pro…

Unless otherwise indicated from the context, the terms set out below, as used in this article shall have the following meanings: (1) APPLICANT. A person who has submitted or that is in the process of submitting a registration under this article. (2) BOARD. The Alabama Board of Me…

(a) Beginning January 1, 2014, and continuing each year thereafter: (1) All physicians providing pain management services shall obtain a pain management registration from the board. (2) All physicians who otherwise meet the criteria established by the board shall obtain a pain ma…

(a) All registrants must provide pain management services at a location that is owned and operated by one of the following: (1) One or more physicians licensed to practice medicine in Alabama. (2) A business entity registered with the Secretary of State. (3) A governmental entity…

Each physician serving as the medical director at a practice location shall meet at least one of the following requirements: (1) Successful completion of a residency program in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, fami…

(a) Physicians registered under this article shall make all records, notes, and files of the registrant open to inspection. In carrying out the intent of this article, the board shall have all of the power and authority that it currently possesses in its current capacity under Se…

(a) The board or its agents, on its own motion or in response to a written complaint, may investigate known or suspected violations of this article and may issue subpoenas. (b) In addition to the powers granted under this article, the board or its agents are further authorized to…

(a) A violation of this article or a rule adopted under this article is grounds for disciplinary action and sanctions against a registrant as provided in this section. (b) A violation of this article may be enforced in the same manner as any other violation of Sections 20-2-50 to…

Education; Dismissal of Revocation, Etc. (a) The State Board of Medical Examiners, when acting in the capacity of a certifying board under the Alabama Uniform Controlled Substances Act, Section 20- 2-1, et seq., may, within its discretion and for cause, order, and direct that a p…

Nothing in this article shall be construed to limit the ability of the Board of Medical Examiners to exercise authority existing prior to the passage of this article. History: (Act 2013-257, p. 673, §2.)

(a) The following constitute the requirements for the issuance of a certificate of qualification for a license to practice medicine in this state: (1) MEDICAL EDUCATION REQUIREMENT. All applicants for a certificate of qualification shall present a diploma or evidence of graduatio…

to or Stationed in State Under Official Military Orders. (a)(1) The board, subject to the rules adopted by the board, may issue a temporary certificate of qualification to a physician applicant who is relocated to or stationed in this state under official military orders and who …

It is the intent of the Legislature to expand access to safe, effective health care services for the residents of this state through the use of various electronic devices and technologies. The Legislature finds and declares the following: (1) Telehealth has proven to be a viable …

For the purposes of this article, the following terms have the following meanings: (1) ASYNCHRONOUS. The electronic exchange of health care documents, images, and information that does not occur in real time, including, but not limited to, the collection and transmission of medic…

(a) Physicians who engage in the provision of telehealth medical services to any individual in this state must possess a full and active license to practice medicine or osteopathy issued by the Medical Licensure Commission. (b) Notwithstanding subsection (a), a physician who enga…

Practicing Telemedicine; Location of Service; Physician-Patient Relationship. (a) A physician providing telehealth medical services shall owe to the patient the same duty to exercise reasonable care, diligence, and skill as would be applicable if the service or procedure were pro…

(a) A prescriber may prescribe a legend drug, medical supplies, or a controlled substance to a patient as a result of a telehealth medical service if the prescriber is authorized to prescribe the drug, supplies, or substance under applicable state and federal laws. To be valid, a…

(a) A physician who provides a telehealth medical service shall comply with all federal and state laws, rules, and regulations applicable to the provision of telehealth medical services, including the Health Insurance Portability and Accountability Act (HIPAA), and shall use devi…

(a) The Board of Medical Examiners and the Medical Licensure Commission may adopt rules regulating the provision of telehealth medical services by physicians in this state, even if the rules displace competition. (b) Rules adopted by the Board of Medical Examiners and the Medical…

(a) This article, and the rules adopted by the Board of Medical Examiners and the Medical Licensure Commission, shall apply only to the provision of telehealth medical services by physicians to individuals located in this state. (b) The Board of Medical Examiners, the Medical Lic…

An applicant shall, before being permitted to enter upon an examination, fill out an application blank giving his or her name, age, residence, college and date of graduation, references, and such other data as the State Board of Medical Examiners may require. The board may establ…

(a) The State Board of Medical Examiners may establish reciprocal agreements for licensure by endorsement with similar boards of other states, the District of Columbia, the territories of the United States, and the provinces of Canada in reference to the issuance of certificates …

Transported into Alabama for Treatment. A doctor of medicine or doctor of osteopathy licensed to practice medicine in any state of the United States or the District of Columbia who may be called into this state in order to treat a patient in consultation with a physician licensed…

(a) The State Board of Medical Examiners may, in its discretion and subject to rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of full-time employed physicians teaching in any medical college in Alabama, approved …