Code of Alabama

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34-26-48
Section 34-26-48 Review of action of board. Any action of, or ruling or order made or entered
by the board declining to issue a certificate, declining to recommend licensure, or recommending
suspension or revocation of a certificate or license shall be subject to review by the courts
of this state in the same manner and subject to the same powers and conditions as now provided
by law in regard to rulings, orders, and findings of other quasi-judicial bodies in Alabama,
where not otherwise specifically provided. No such appeal while pending appropriate court
action shall supersede such revocation or suspension. (Acts 1963, No. 535, p. 1147, ยง11.)...

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34-8A-16
Section 34-8A-16 Disciplinary actions; discovery. (a) The board by a majority of the board
members present and voting is authorized to withhold, deny, revoke, or suspend, any license
or certificate issued or applied for in accordance with this chapter or otherwise discipline
a licensed professional counselor or associate licensed counselor upon proof by proper hearing
that the applicant, licensed professional counselor, or associate licensed counselor: (1)
Has been convicted, within or without the jurisdiction of this state, of a felony, or any
offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board. (3) Is using any narcotic
or any alcoholic beverage to an extent or in a manner dangerous to any other person or the
public, or to an extent that it impairs his or her ability to perform the work of a licensed
professional counselor or associate licensed counselor with safety to the...
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34-9-18
Section 34-9-18 Grounds for disciplinary action. (a) The board may invoke disciplinary action
as outlined in subsection (b) whenever it shall be established to the satisfaction of the
board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been
guilty of the following: (1) Fraud, deceit, or misrepresentation in obtaining any license,
license certificate, annual registration certificate, money, or other thing of value. (2)
Gross immorality. (3) Is a menace to the public health or to patients or others by reason
of a disease. (4) Is an habitual user of intoxicants or drugs rendering him or her unfit for
the practice of dentistry or dental hygiene. (5) Has been convicted for violation of federal
or state narcotics or barbiturate laws. (6) Is guilty of negligence or gross negligence. a.
For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably
prudent dentist or dental hygienist would have done under the same or...
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34-24-360
substances; a copy of the record of conviction, certified to by the clerk of the court entering
the conviction, shall be conclusive evidence. (7) Use of any untruthful or deceptive or improbable
statements concerning the licensee's qualifications or the effects or results of his or her
proposed treatment. (8) Distribution by prescribing, dispensing, furnishing, or supplying
of controlled substances to any person or patient for any reason other than a legitimate medical
purpose. (9) Gross malpractice or repeated malpractice or gross negligence in
the practice of medicine or osteopathy. (10) Division of fees or agreement to split or divide
the fees received for professional services with any person for bringing or referring a patient.
(11) Performance of unnecessary diagnostic tests or medical or surgical services. (12) Charging
fees determined by the commission to be grossly excessive or intentionally filing or causing
to be filed false or fraudulent claims, as defined by the...
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34-27A-22
Section 34-27A-22 Revocation or suspension of license - Hearing; findings; judicial review
as to questions of law. (a) The hearing on the charges shall be at a time and place prescribed
by the board and in accordance with this article. (b) If the board determines that a licensed
real estate appraiser is guilty of a violation of this article, it shall prepare a finding
of fact and recommend that the appraiser be reprimanded or that his or her license be suspended
or revoked. The decision and order of the board shall be final. (c) Any final decision or
order of the board shall be reviewable by a court of appropriate jurisdiction as to the questions
of law only. Any application for review made by an aggrieved party shall be filed within 30
days after the final decision or order of the board. (d) If an application for review of a
final decision or order of the board is filed, the case shall be fixed for trial within 30
days from the filing of an answer by the board. If the court finds that...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
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34-26-46
intimidation, or abuse, sexual or otherwise, of a client or patient. (8) Engaging in sexual
intercourse or other sexual contact with a client or patient. (9) Use of repeated untruthful
or deceptive or improbable statements concerning the licensee's qualifications or the effects
or results of proposed treatment, including functioning outside of one's professional competence
or area of specialization established by education, training, and experience as recognized
by the board. (10) Gross malpractice or repeated malpractice or gross negligence
in practice as a psychologist or psychological technician. (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...
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34-39-16
Section 34-39-16 Complaints; notice and hearing; judicial review. (a) Any person may file a
complaint with the board against any licensed occupational therapist or licensed occupational
therapy assistant in the state charging the person with having violated this chapter. The
complaint shall set forth specifications of charges in sufficient detail so as to disclose
to the accused fully and completely the alleged acts of misconduct for which he or she is
charged. When a complaint is filed, the secretary of the board, or the executive director
at the request of the secretary, shall mail a copy thereof to the accused by return receipt
mail at his or her address of record, with a written notice of the time and place of hearing
thereof, advising him or her that he or she may be present in person and by counsel if he
or she so desires, to offer evidence and be heard in his or her defense. (b) At the time and
place fixed for the hearing, the board shall receive evidence upon the subject matter...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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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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