Ala. Admin. Code r. 270-X-4-.11

Current through Register Vol. 42, No. 11, August 30, 2024

Section 270-X-4-.11 - Licenses For Qualified Military Servicemembers And Their Spousess

(1)General. This Rule implements the requirements of Section 19 of Public Law No. 117-333, 50 U.S.C. § 4025A, commonly known as "The Military Spouse Licensing Relief Act." In accordance with the Act, a Service-Connected Practitioner who holds a license to practice dentistry or dental hygiene in a state other than Alabama will be granted a license to practice dentistry or dental hygiene in Alabama, subject to the conditions and procedures set forth in this Rule.

(2)Definitions. As used in this Rule:

(a) "Active Practice" shall have the meaning set forth in Rule 270-X-5-.11.

(b) "Service-Connected Practitioner" means a servicemember as defined in 50 U.S.C. § 3911(a), and the spouse of the servicemember.

(c) "Military Orders" means a Permanent Change of Station (PCS) order, or an equivalent order issued by a military authority that requires the Service-Connected Practitioner to change his or her residency.

(d) "Qualifying License" means a license to practice dentistry or dental hygiene issued by the applicable licensing authority of any of the United States other than the State of Alabama, or the District of Columbia.

(e) "Good Standing" means that the license referred to is active and is not suspended, revoked, surrendered, restricted, conditioned, under probation, or otherwise in a status that in any manner restricts the activities of the licensee under the authority of the license.

(3)Qualification for, and Grant of, License. A Service-Connected Practitioner who:

(a) holds one or more Qualifying License(s), all of which are in Good Standing;

(b) has, pursuant to the Qualifying License(s), engaged in the Active Practice of dentistry or dental hygiene for the 24 months preceding the Military Orders;

(c) because of Military Orders, relocates his or her residency from a place outside Alabama to a place within Alabama; and

(d) submits to the Executive Director a completed application, supporting documentation, and the processing fee prescribed in this Rule shall be issued a license to practice dentistry or dental hygiene, as applicable, in the State of Alabama.

(4)Procedure. The Executive Director shall create and publish an application form by which Service-Connected Practitioners may apply for a license under this Rule. The request form shall require the Service-Connected Practitioner to provide sufficient information to substantiate his or her eligibility for issuance of a license under this Rule. The application form may request any other information that the Executive Director reasonably considers to be relevant. In addition to the completed application form, the Service-Connected Practitioner shall provide copies of the Military Orders and all of his or her Qualifying License(s), and shall remit a one-time processing fee of $50.00. The Executive Director shall present all completed applications to the board at a public meeting for final disposition.

(5)Scope of Practice. A Service-Connected Practitioner who is issued a license under this Rule is authorized to practice within the scope of practice for dentistry or dental hygiene, as applicable, as defined in Alabama law. For dentists, seeCode of Ala. 1975, § 34-9-6; for hygienists, see Rule 270-X-3-.10.

(6)Submission to Jurisdiction. A Service-Connected Practitioner who is issued a license under this Rule shall be subject to the regulatory and disciplinary jurisdiction of the Board.

(7)Continuing Education. A Service-Connected Practitioner who is issued a license under this Rule shall comply with the continuing education requirements imposed by Code of Ala. 1975, § 34-9-15(b) and Rule 270-X-4-.04.

(8)Other Requirements. This Rule does not fulfill, or excuse the Service-Connected Practitioner from, any applicable requirement to obtain a DEA registration for an Alabama location pursuant to 21 C.F.R. § 1301.12, an Alabama Controlled Substances Certificate pursuant to Code of Ala. 1975, § 20-2-50, et seq., anesthesia permits pursuant to Code of Ala. 1975, § 34-9-60, et seq., or any other applicable license, permit, fee, tax, or assessment.

(9)Automatic Termination of License. A license issued under this Rule shall terminate automatically and immediately, by operation of law, upon the occurrence of any one or more of the following events or conditions:

(a) If any Qualifying License held by the Service-Connected Practitioner ceases to be in Good Standing (except for a Qualifying License that becomes inactive because of voluntary surrender, voluntary non-renewal, or similar voluntary actions taken for non-disciplinary reasons while the Service-Connected Practitioner is not under investigation for any violation of professional standards or duties, as long as the Service-Connected Practitioner continues to hold one or more Qualifying License(s));

(b) If the Service-Connected Practitioner moves his or her residence out of the State of Alabama; or

(c) In the case of a Service-Connected Practitioner who is a spouse of a servicemember as defined in 50 U.S.C. § 3911(a), if the Service-Connected Practitioner and the servicemember cease to be legally married.

(10)Annual Registration. Between September 1 and September 30 of each calendar year, each Service-Connected Practitioner who holds a license issued pursuant to this Rule shall complete the annual registration process outlined in Code of Ala. 1975, § 34-9-15(a), including the payment of the applicable annual registration fee. As part of the annual registration process, each Service-Connected Practitioner who holds a license issued pursuant to this Rule shall be required to verify that he or she still meets all of the criteria outlined in subsections (3)(a)-(c) of this Rule.

Ala. Admin. Code r. 270-X-4-.11

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023.

Author: Board of Dental Examiners of Alabama

Statutory Authority:50 U.S.C. § 4025A; Code of Ala. 1975, § 34-9-43(a)(10).