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22-5D-6
Section 22-5D-6 Effect on license or certification. A licensing board or disciplinary subcommittee
shall not issue a letter of concern or similar form of reprimand, nor revoke, fail to renew,
suspend, or take any action against a health care provider's license issued under Title 34,
based solely on the health care provider's recommendations to an eligible patient regarding
access to or treatment with an investigational drug, biological product, or device. An entity
responsible for Medicare certification shall not reprimand or take action against a health
care provider's Medicare certification based solely on the health care provider's recommendation
that a patient have access to an investigational drug, biological product, or device. (Act
2015-320, ยง6.)...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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34-11-1
Section 34-11-1 Definitions. For the purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) BOARD. The State Board of
Licensure for Professional Engineers and Land Surveyors, provided for by Section 34-11-30.
(2) DESIGN COORDINATION. The review and coordination of technical submissions prepared by
persons other than the principal engineer, including, as appropriate and without limitations,
consulting engineers, architects, landscape architects, land surveyors, and other professionals
working under the direction of the engineer. (3) DISCIPLINARY ACTION. Any final written decision,
order, consent agreement, public reprimand, or other formal action taken against an individual
or firm by the board based upon a violation of this chapter or a board rule. (4) ENGINEER
INTERN. An individual who has been certified as an engineer intern by the board. (5) ENGINEER
or PROFESSIONAL ENGINEER. An individual who, by reason of his or...
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22-6-153
Section 22-6-153 Contract to provide medical care to Medicaid beneficiaries; enrollment; grievance
procedures; duties of Medicaid Agency. (a) Subject to approval of the federal Centers for
Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each Medicaid
region for at least one fully certified regional care organization to provide, pursuant to
a risk contract under which the Medicaid Agency makes a capitated payment, medical care to
Medicaid beneficiaries. However, the Medicaid Agency may enter into a contract pursuant to
this section only if, in the judgment of the Medicaid Agency, care of Medicaid beneficiaries
would be better, more efficient, and less costly than under the then existing care delivery
system. The Medicaid Agency may contract with more than one regional care organization in
a Medicaid region. Pursuant to the contract, the Medicaid Agency shall set capitation payments
for the regional care organization. (b) The Medicaid Agency shall...
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36-25-1
Section 36-25-1 Definitions. Whenever used in this chapter, the following words and terms shall
have the following meanings: (1) BUSINESS. Any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, or any other legal
entity. (2) BUSINESS WITH WHICH THE PERSON IS ASSOCIATED. Any business of which the person
or a member of his or her family is an officer, owner, partner, board of director member,
employee, or holder of more than five percent of the fair market value of the business. (3)
CANDIDATE. This term as used in this chapter shall have the same meaning ascribed to it in
Section 17-5-2. (4) COMMISSION. The State Ethics Commission. (5) COMPLAINT. Written allegation
or allegations that a violation of this chapter has occurred. (6) COMPLAINANT. A person who
alleges a violation or violations of this chapter by filing a complaint against a respondent.
(7) CONFIDENTIAL INFORMATION. A complaint filed pursuant to this...
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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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6-5-546
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful
death whether in contract or in tort against a health care provider based on a breach of the
standard of care, the action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
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6-5-549
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of
evidence abolished; instruction to jury. In any action for injury or damages or wrongful death,
whether in contract or in tort, against a health care provider based on a breach of the standard
of care, the minimum standard of proof required to test the sufficiency of the evidence to
support any issue of fact shall be proof by substantial evidence. In all such actions, whether
arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings
or motions filed in such actions testing the sufficiency of the evidence to support an issue
of fact, including, but not limited to, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings
respecting the sufficiency of the evidence, the standard of proof required shall be proof
by substantial evidence. In the case of a jury trial, the jury...
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