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34-24-56
Section 34-24-56 Report of malpractice judgments and settlements - Filing; contents;
sanction for failure to make report. (a) Every physician or surgeon who holds a license, certificate,
or other similar authority issued under the provisions of this article and every professional
corporation or professional association of a physician or surgeon shall, during the first
30 days of each calendar year, report to the State Board of Medical Examiners any final judgment
rendered against such physician, surgeon, or the professional corporation or professional
association of any such physician or surgeon during the preceding year, or any settlement
in or out of court during the preceding year, resulting from a claim or action for damages
for personal injuries caused by an error, omission, or negligence in the performance of medical
professional services, or in the performance of medical professional services without consent.
(b) The report rendered under this section shall include the name of...
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34-24-57
Section 34-24-57 Report of malpractice judgments and settlements - Review; ground for
suspension or revocation of license, etc.; notification; failure to comply. (a) The Board
of Medical Examiners shall keep a record of all reports made under the provisions of Section
34-24-56, and each year shall review the record of any licensee, certificate holder, or person
holding similar authority issued by it, who, during the preceding three-year period, has had
two or more final judgments or settlements, or has had a total of three or more final judgments
or settlements, or both, of the type required to be reported pursuant to this section. (b)
The review required by subsection (a) shall be for the purpose of determining whether the
agency should take disciplinary action against the person. (c) It shall be a ground for the
suspension or revocation of a license, certificate, or other similar authority for the licensee,
certificate holder, or person holding similar authority to have the number of...
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8-26-14
Section 8-26-14 Surety bond - Requirement; amount; malpractice coverage in lieu of bond;
certificate of deposit payable to commission or savings account assigned to commission in
lieu of bond. Repealed by Act 2001-701, § 3, effective October 1, 2001. (Acts 1987, No. 87-628,
p. 1115, §14; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1;
Act 98–132, p. 194, §2.)...
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45-49-40.15
Section 45-49-40.15 Grounds for suspension, revocation, or refusal to issue a renewed license
The board is vested with the power and authority to refuse to issue or renew as well as the
power to suspend or revoke any license for any one or a combination of the following causes:
(1) Conviction of a felony. (2) Malpractice or incompetency. (3) When applicant barber
or apprentice barber is, or becomes, afflicted with an infectious or communicable disease.
(4) Advertising by false or deceptive means. (5) Advertising, practicing, or attempting to
practice under another's trade name or under another's name. (6) Habitual drunkenness or habitual
addiction to use of morphine, cocaine, or other habit-forming drugs. (7) The violation of
any of the sanitary regulations promulgated by either the barbers' commission or the State
Department of Public Health for the regulation of barber shops and barber schools or colleges.
(8) Conviction of a violation of any city ordinance or county or state law...
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22-21-240
administration, etc., of trusts authorized; specification of terms, conditions and provisions
of trusts. There is hereby authorized the establishment, maintenance, administration and operation
of any trust established by agreement of any hospitals or other health care units licensed
as such by the State of Alabama (hereinafter referred to as "hospitals") or by agreement
of any dental practitioners licensed as such by the State of Alabama (hereinafter referred
to as "dentists") as grantors, with such hospitals and dentists as beneficiaries,
for the purpose of insuring against general public liability claims based upon acts or omissions
of such hospitals or dentists, including without limitation, claims based upon malpractice.
Such hospitals or dentists may, by trust agreement among themselves and a trustee or trustees
of their selection, specify the terms, conditions and provisions of such a trust. (Acts 1977,
No. 166, p. 226, §2; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §2.)...
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27-21A-10
to provide reasonable procedures for the resolution of written complaints initiated by enrollees.
(2) Each health maintenance organization shall submit to the commissioner and the State Health
Officer an annual report in a form prescribed by the commissioner, after consultation with
the State Health Officer, which shall include: a. A description of the procedures of such
complaint system; b. The total number of complaints handled through such complaint system
and a compilation of causes underlying the complaints filed; and c. The number, amount, and
disposition of malpractice claims and other claims relating to the service or care
rendered by the health maintenance organization made by enrollees of the organization that
were settled during the year by the health maintenance organization. All such information
shall be held in confidence by the commissioner. (b) The commissioner or the State Health
Officer may examine such complaint system. (Acts 1986, No. 86-471, p. 854, §10.)...
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15-23-43
confidential communication in the course of testifying, then either party may request the court
to rule that justice requires the protections of this section be waived, to the extent they
apply to that portion of the communication. (2) Any waiver shall apply only to the extent
necessary to require any witness to respond to counsel's questions concerning the confidential
communication that are relevant to the facts and circumstances of the case. (b) A victim counselor
cannot waive the protections afforded to a victim under this section. However, if a victim
brings suit against a victim counselor or the agency, business, or organization in which the
victim counselor was employed or served as a volunteer at the time of the counseling relationship
and the suit alleges malpractice during the counseling relationship, the victim counselor
may testify or produce records regarding confidential communications with the victim and is
not liable for doing so. (Acts 1987, No. 87-598, p. 1040, §2.)...
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27-21A-23
professionals. (c) Any health maintenance organization authorized under this chapter shall
not be deemed to be practicing medicine and shall be exempt from the provisions of Section
34-24-310, et seq., relating to the practice of medicine. (d) No person participating in the
arrangements of a health maintenance organization other than the actual provider of health
care services or supplies directly to enrollees and their families shall be liable for negligence,
misfeasance, nonfeasance, or malpractice in connection with the furnishing of such
services and supplies. (e) Nothing in this chapter shall be construed in any way to repeal
or conflict with any provision of the certificate of need law. (f) Notwithstanding the provisions
of subsection (a), a health maintenance organization shall be subject to all of the following:
(1) Section 27-1-17. (2) Chapter 56. (3) Chapter 54. (4) Chapter 57. (5) Chapter 58. (6) Chapter
59. (7) Rules promulgated by the Commissioner of Insurance pursuant to...
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35-12-71
of, or deliver to, or pay to, the owner or apparent owner as applicable, property that is subject
to this article. (6) INSURANCE COMPANY. An association, corporation, or fraternal or mutual
benefit organization, whether or not for profit, engaged in the business of providing life
endowments, annuities, or insurance, including, but not limited to, accidental, burial, casualty,
credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization,
illness, life, malpractice, marine, mortgage, surety, wage protection, and workers'
compensation insurance. (7) MINERAL. Gas; oil; coal; other gaseous, liquid, and solid hydrocarbons;
oil shale; cement material; sand and gravel; road material; building stone; chemical raw material;
gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal
resource; or any other substance defined as a mineral by the law of this state. (8) MINERAL
PROCEEDS. Amounts payable for the extraction,...
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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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