Ala. Admin. Code r. 190-X-4-.06

Current through Register Vol. 43, No. 02, November 27, 2024

Section 190-X-4-.06 - Discipline

(1) Upon a finding that a licensee or permit holder has violated any enumerated provision of Code of Ala. 1975, §§ 34-24-123, 34-24-161(e), or 34-24-166, or any rule adopted pursuant thereto, the Board may invoke disciplinary action as outlined in § 34-24-166(c). Failure to comply with any final order of the board, including, but not limited to, any order of censure or probation, is cause for suspension or revocation of the license or permit.

(2)Fines. Upon finding that a licensee or permit holder has violated any enumerated provision of law governing the practice of chiropractic or any rule adopted pursuant thereto, the Board may impose the following schedule of fines for each such violation. The Board shall not renew the annual certificate of registration of any licensee or permit holder against whom an administrative fine has been assessed by the Board until the fine is paid in full.

(a) The Board may impose a fine not to exceed $2,000 for each violation of any of the following provisions of law governing the practice of chiropractic or any rule adopted pursuant thereto (Class A violation):

1. Section 34-24-166(b)(1);

2. Section 34-24-166(b)(2);

3. Section 34-24-166(b) (3);

4. Section 34-24-166(b) (4);

5. Section 34-24-166(b)(5);

6. Section 34-24-166(b)(6);

7. Section 34-24-166(b) (9);

8. Section 34-24-166(b)(10);

9. Section 34-24-166(b)(11);

10. Section 34-24-166(b)(12);

11. Section 34-24-166(b)(13); and

12. Section 34-24-166(b)(15);

(b) The Board may impose a fine not to exceed $2,000.00 for each violation of any of the following provisions of law governing the practice of chiropractic or any rule adopted pursuant thereto (Class B violation:

1. Section 34-24-166(b)(7); and

2. Section 34-24-166(b) (8);

(c) The Board may impose a fine not to exceed $1,000.00 for each violation of any of the following provisions of law governing the practice of chiropractic or any rule adopted pursuant thereto (Class C violations):

1. Section 34-24-166(b)(14);

2. Section 34-25-166(b)(16); and

3. Section 34-24-166(b) (17).

(3)Additional Discipline. Upon finding the license or permit holder has violated any enumerated provision of law governing the practice of chiropractic or any rule adopted pursuant thereto, the Board may impose the following additional penalties:

(a) Revoke the license or permit.

(b) Suspend the license or permit.

(c) Enter a censure on the license or permit.

(d) Place the license or permit on probation fixing a period and terms best adapted to protect the public health and safety and to rehabilitate the licensee.

(e) Impose restrictions on the scope of practice of a licensee.

(f) Impose peer review.

(g) Impose professional education requirements.

(h) Issue a reprimand to the licensee or permit holder.

(i) Order and direct a licensee to submit to a physical, mental or lab examination as outlined in s 34-24-166.

(4)Stay of Execution of Order. The Board may, in its discretion, permanently or temporarily stay the execution of its order to revoke or suspend respondent's license or permit.

(5)Considerations. In determining whether disciplinary action should be invoked, or whether a fine should be imposed and in what amount, and whether execution of the order should be stayed, and upon what conditions, the Board shall consider all relevant factors, including, but not limited to, the following:

(a) the severity of the offense;

(b) the danger to the public;

(c) the number of repetitions of offenses;

(d) the length of time since the violation;

(e) the number of complaints filed against the licensee or permit holder;

(f) the length of time the licensee has practiced or permit holder has had permit;

(g) the actual damage, physical or otherwise, to the patient;

(h) the deterrent effect of the penalty imposed;

(i) the effect of the penalty upon the licensee's or permit holder's livelihood;

(j) any efforts of rehabilitation; and

(k) any other mitigating or aggravating circumstances.

Ala. Admin. Code r. 190-X-4-.06

Filed September 30, 1982. Emergency rule filed June 21, 1989. Amended: Filed August 16, 1989. Amended: Filed May 18, 1993; effective June 22, 1993. Amended: Filed September 7, 1999; effective October 12, 1999. Amended: Filed May 23, 2001; effective June 27, 2001. Amended: Filed November 6, 2003; effective December 11, 2003. Amended: Filed August 24, 2006; effective September 28, 2006. Amended: Filed June 13, 2008; effective July 18, 2008. Amended: Filed June 18, 2009; effective July 23, 2009. Amended: Filed October 17, 2013; effective November 21, 2013.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 07, April 28, 2017, eff. 5/29/2017.

Author: Board of Chiropractic Examiners

Statutory Authority:Code of Ala. 1975, §§ 34-24-144, 34-24-165.