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34-24-367
Section 34-24-367 Judicial review; immediate effect of suspension or revocation of license;
venue. Judicial review of the orders and decisions of the Medical Licensure Commission shall
be governed by the provisions of Section 41-22-20 (the Alabama Administrative Procedure Act);
provided however, that the following procedures shall take precedence over the provisions
of Section 41-22-20(c) relating to the issuance of a stay of any order of the licensure commission
suspending or revoking a license to practice medicine. The suspension or revocation of a license
to practice medicine shall be given immediate effect, it being the expressly stated legislative
purpose and intent that the imposition of the penalty of suspension or revocation of a license
to practice medicine shall create a presumption that the continuation in practice of the physician
constitutes an immediate danger to the public health, safety, and welfare. No stay or supersedeas
shall be granted pending judicial review of a...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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34-24-503
Section 34-24-503 Effect of license. (a) The issuance by the commission of a special purpose
license to practice medicine or osteopathy across state lines subjects the licensee to the
jurisdiction of the board and the commission in all matters set forth in Sections 34-24-50
to 34-24-83, inclusive, and Sections 34-24-310 to 34-24-406, inclusive, and the implementing
rules and regulations of the commission and the board, including all matters related to discipline.
It shall be the affirmative duty of every licensee to report to the Board of Medical Examiners
in writing within 15 days of the initiation of any disciplinary action against the license
to practice medicine or osteopathy of the licensee by any state or territory in which the
licensee is licensed. In addition, the licensee agrees, by acceptance of such license, to
produce patient medical records or materials as requested by the board or the commission or
to appear before the board or the commission or any of its committees...
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34-8A-16
outside the area of their training, experience, or competence. (7) Is legally adjudicated mentally
incompetent, the record of the adjudication being conclusive evidence thereof. (8) Has willfully
or negligently violated any of the provisions of this chapter or any of the rules and regulations
adopted thereunder. (9) Has been practicing as a counselor without a license. (b)(1) Notice
of denial, revocation, suspension, or disciplinary action is required to be sent by registered
mail or personal service setting forth the particular reasons for the proposed action
and fixing a date not less than 30 days nor more than 60 days from the date of the mailing
or service, at which time the applicant, licentiate, or associate shall be given an opportunity
for a prompt and fair hearing. The written notice shall be sent to the last known address
of the person, but the nonappearance of the person shall not prevent the hearing. The hearing
shall be conducted by the board by means of sworn,...
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34-24-502
Section 34-24-502 Licensure. (a) License requirement. No person shall engage in the practice
of medicine or osteopathy across state lines in this state, hold himself or herself out as
qualified to do the same, or use any title, word, or abbreviation to indicate to or induce
others to believe that he or she is licensed to practice medicine or osteopathy across state
lines in this state unless he or she has been issued a special purpose license to practice
medicine or osteopathy across state lines in accordance with the provisions of this article;
provided however, that no person who holds a full, unrestricted, and current license issued
under Sections 34-24-310 to 34-24-343, inclusive, shall be required to obtain a special purpose
license to practice medicine or osteopathy across state lines. (b) Issuance of license. The
Medical Licensure Commission shall issue a special purpose license to practice medicine or
osteopathy across state lines upon presentation by an applicant of a...
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2-27-54
Section 2-27-54 License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after
opportunity for a hearing, may revoke or modify the provision of any license issued under
this section if he finds that the licensee is no longer qualified, has engaged in fraudulent
business practices in the custom application of pesticides or has made any custom application
of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses
to comply with any of the provisions and requirements of this article, or regulations promulgated
thereunder. (b) Any person aggrieved by any action of the commissioner in refusing to issue
a license or in revoking any license may obtain a review thereof by filing an appeal to the
board within 15 days after notice of denial or revocation of the license has been received
by the applicant or licensee, which appeal must be heard by the...
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34-26-46
(11) Aiding or abetting practice as a psychologist or psychological technician by any person
not licensed by the board. (12) Conviction of fraud in filing Medicare or Medicaid claims
or in filing claims to any third party payor (a copy of the record of conviction, certified
to by the clerk of the court entering the conviction, shall be conclusive evidence). (13)
Exercising undue influence in such a manner as to exploit the client, patient, student, or
supervisee for financial or other personal advantage to the practitioner or a third
party. (14) The suspension or revocation by another state of a license to practice as a psychologist
or psychological technician for cause other than failure to renew the license (a certified
copy of the record of suspension or revocation of the state making such a suspension or revocation
shall be conclusive evidence thereof). (15) Refusal to appear before the board after having
been ordered to do so in writing by the executive office or chair of...
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34-24-70
(2) Examinations administered by the board may be given in Montgomery or at any other location
determined by the board. (3) Applicants who are required to take the Special Purpose Examination
or the United States Medical Licensing Examination administered by the board shall, in addition
to the other requirements of this section, be eligible to sit for and take the examination
under the rules established by the organization which created the examination. (4) The board
may enter into personal service contracts with individuals, firms, or corporations
for the administration of any examination required by this section. (5) The board shall keep
complete records of all examinations conducted, giving the name, age, residence, college,
date of graduation of the applicant examined, and the results of the examination. These records
shall be open to public inspection. (6) The board shall establish by rule or regulation the
passing score for all examinations administered by it under this...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners 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 the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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