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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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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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34-24-381
Section 34-24-381 Penalties for violation of Section 34-24-360, rules, or regulations. (a)
In addition to any other penalty authorized by Section 34-24-361 (h) the Medical Licensure
Commission may in its discretion assess administrative fines not to exceed ten thousand dollars
($10,000) for each violation of any of the provisions of Section 34-24-360 or any rule or
regulation duly promulgated by the commission. The Medical Licensure Commission may also in
its discretion issue public or private reprimands, public or private censures, and may impose
involuntary restrictions upon the certificate of qualification and/or license to practice
medicine of any physician or osteopath for each violation of any of the provisions of Section
34-24-360. (b) In addition to the administrative fine authorized in subsection (a), the commission,
upon application of the Board of Medical Examiners, may require a physician or osteopath found
to be in violation of Section 34-24-360 to pay the costs, fees, and...
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34-24-336
Section 34-24-336 Continuing medical education. (a) It shall be the duty of the State Board
of Medical Examiners to promote continuing medical education of all physicians and osteopaths
licensed by the commission and is empowered to spend a portion of its funds in any manner
it deems desirable for carrying out this purpose. The board is specifically empowered to provide
funds to any nonprofit corporation for the purpose of conducting continuing medical education
programs without being bound by the provisions of any law requiring competitive bidding. Such
programs must be open to all licensed physicians and osteopaths without regard to membership
in any professional organization. (b) The board shall adopt a program of continuing medical
education for all licensees living in the State of Alabama not later than October 1, 1991.
After that date, successful completion of the requirements of the continuing medical education
program shall be a requisite for license renewal. Licensees who...
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34-24-405
Section 34-24-405 Annual report. (a) It shall be the duty of the Alabama Physician Wellness
Committee to render an annual report to the State Board of Medical Examiners concerning the
operations and proceedings of the committee for the preceding year. (b) The committee shall
report to the State Board of Medical Examiners any physician or osteopath who in the opinion
of the committee is unable to practice medicine or osteopathy with reasonable skill and safety
to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol,
chemicals, or other substances or as a result of any physical or mental condition when it
appears that such physician or osteopath is currently in need of intervention, treatment,
or rehabilitation, and such physician or osteopath has failed or refused to participate in
programs of treatment or rehabilitation recommended by the committee. In any report to the
State Board of Medical Examiners made pursuant to the requirements of this...
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34-24-302
Section 34-24-302 Denial, suspension, revocation, etc., of license; investigation; mental,
physical, or laboratory examination; authorization for release of information. (a) The board
may, within its discretion, deny the issuance of a license to any person or, after notice
and hearing in accordance with board regulations, shall, within its discretion, suspend, revoke,
restrict, or otherwise discipline the license of a person who shall be found guilty on the
basis of substantial evidence of any of the following acts or offenses: (1) Conviction of
a felony. (2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting
on the ability of the individual to render patient care in a safe manner. (3) Conviction of
any violation of state or federal laws relating to controlled substances. (4) Termination,
restriction, suspension, revocation, or curtailment of licensure, registration, or certification
as an assistant to physician by another state or other licensing jurisdiction...
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26-23E-3
Section 26-23E-3 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug, or any
other substance or device with the intent to terminate the pregnancy of a woman known to be
pregnant with knowledge that the termination by those means will with reasonable likelihood
cause the death of the unborn child. Such use or prescription is not an abortion if done with
the intent to save the life or preserve the health of an unborn child, remove a dead unborn
child, or to deliver the unborn child prematurely in order to preserve the health of both
the mother (pregnant woman) and her unborn child. The term abortion as used in this chapter,
does not include a procedure or act to terminate the pregnancy of a woman with an ectopic
pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman
when the unborn child has a lethal anomaly. For the purposes of this chapter,...
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34-24-507
Section 34-24-507 Reciprocity. Notwithstanding any of the provisions of this article, the commission
shall only issue a special purpose license to practice medicine or osteopathy across state
lines to an applicant whose principal practice location and license to practice is located
in a state or territory of the United States whose laws permit or allow for the issuance of
a special purpose license to practice medicine or osteopathy across state lines or similar
license to a physician whose principal practice location and license is located in this state.
It is the stated intent of this article that physicians and osteopaths who hold a full and
current license in the State of Alabama be afforded the opportunity to obtain, on a reciprocal
basis, a license to practice medicine or osteopathy across state lines in any state or territory
of the United States as a pre-condition to the issuance of a special purpose license as authorized
by this article to a physician or osteopath licensed in...
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34-24-337
Section 34-24-337 Renewal of certificate; reinstatement of license. (a) Renewal of license.
Every person licensed to practice medicine or osteopathy in the State of Alabama shall, on
or before December 31 of each succeeding year, apply to the commission for renewal of a certificate
of registration which shall be effective during the next calendar year. All new licenses issued
by the commission, upon application, shall be registered by the commission at the time of
issuance, and a certificate of registration, which shall be effective until and including
the following December 31, shall be issued to the licensee. Each renewal application shall
be made on a form to be furnished by the commission. The application shall give the name of
the applicant in full, his or her address, the date and number of the license issued to the
applicant for the practice of medicine or osteopathy, and such other facts as shall tend to
identify the applicant for registration as the commission shall deem...
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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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