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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
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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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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
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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34-24-502
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
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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34-24-70
Section 34-24-70 Qualifications of applicants. (a) The following constitute the requirements
for the issuance of a certificate of qualification for a license to practice medicine in this
state: (1) MEDICAL EDUCATION REQUIREMENT. All applicants for a certificate of qualification
shall present a diploma or evidence of graduation from any of the following institutions:
a. A college of medicine or school of medicine accredited by the Liaison Committee on Medical
Education of the American Medical Association. b. A college of osteopathy accredited by the
American Osteopathic Association. c. A college of medicine or school of medicine not accredited
by the Liaison Committee on Medical Education which is approved by the Board of Medical Examiners.
The board may, within its discretion, withhold approval of any college of medicine not designated
in either a., or b., above which: 1. Has had its accreditation withdrawn by a national or
regional accreditation organization; or 2. Has had its...
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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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