Ala. Admin. Code r. 540-X-19-.08

Current through Register Vol. 42, No. 7, April 30, 2024

Section 540-X-19-.08 - Disciplinary Action And Sanctions

(1) A violation of §§ 34-24-600, et seq., Code of Ala. 1975, as amended, as set out below in paragraphs (2) and (3) of this rule is grounds for disciplinary action and sanctions against a registrant as provided in this rule.

(2) Any violation of §§ 34-24-600, et seq., Code of Ala. 1975, as amended, or a rule adopted under those sections, shall be prosecuted against and in the name of the registrant or registrants participating in the alleged violation.

(3) In addition to the requirements, sanctions and punishment of an ACSC provided by §§ 20-2-50 through 20-2-58, Code of Ala. 1975, as amended, the Board may impose the following sanctions:

(a) The failure of a physician who provides pain management services as defined in these rules, to obtain a pain management registration from the Board, shall be punishable by a fine up to Ten Thousand Dollars ($10,000) per violation, or the revocation of the registration, or both, whenever the physician shall be found guilty on the basis of substantial evidence.

(b) A violation of any other requirements under §§ 34-24-600, et seq., including a medical director, shall be punishable by a fine up to One Thousand Dollars ($1,000) per violation, or the revocation of the registration, or both, whenever the physician charged shall be found guilty on the basis of substantial evidence. Specific violations under this paragraph include:

1. Making a fraudulent or untrue statement in applying for a pain management registration.

2. Aiding and abetting the providing of pain management services by a physician who has not obtained a pain management registration from the Board.

3. Failure to register with the Alabama Prescription Drug Monitoring Program in obtaining a pain management registration from the Board

(c) If a practice location has two or more physicians who commit a violation under §§ 34-24-600, et seq., Code of Ala. 1975, as amended, within one year, the Board shall report the violations to the appropriate licensing agency or agencies that regulate the practice location.

Ala. Admin. Code r. 540-X-19-.08

New Rule: Filed November 14, 2013; effective December 29, 2013.

New Rule: Filed November 14, 2013; effective December 29, 2013. Amended: Filed May 22, 2014; effective June 26, 2014.

Author: Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-53; Act 2013-257.