SB188

ENGROSSED

By Senator Beasley

A BILL TO BE ENTITLED AN ACT

To add Section 34-25A-7.1 to the Code of Alabama 1975, relating to the State Board of Prosthetists and Orthotists; to further provide for the powers of the board relating to its duty to regulate the practice of prosthetics and orthotics.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 34-25A-7.1 is added to the Code of Alabama 1975, to read as follows:

§34-25A-7.1.

(a) In addition to the other powers of the board, the State Board of Prosthetists and Orthotists shall have all powers necessary and proper to carry out its official duties, including, but not limited to, the authority to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, records, documentary evidence and materials, or other evidence in matters pending before the board or to investigate complaints concerning the practice of prosthetics and orthotics. Any subpoena issued pursuant to this section shall be signed by the chair of the board or by the executive officer of the board and may be served by any sheriff, by the executive officer of the board, or by any other person authorized to serve a subpoena under the Alabama Rules of Civil Procedure. Any subpoena issued pursuant to this section shall be enforced by the circuit court upon application of the board or its executive officer in the same manner as the issuance of a subpoena by the circuit court.

(b) The board, by rule, may further provide for the enforcement and other disciplinary action, including civil fines, by the board against any licensee of the board or any other person engaged in the practice of prosthetics and orthotics who fails to comply with any subpoena of the board issued pursuant to this section.

(c) Subsection (a) is supplemental to the provisions of subsection (c) of Section 41-22-12, relating to the issuance of subpoenas in a contested case under the Alabama Administrative Procedure Act.

(d) Nothing in this section shall apply to a hospital or an authorized health care practitioner, or to a person employed by, or contracted with, a hospital or an authorized health care provider.

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Prosthetists and Orthotists, State Board of

Health

Code Amended