Ala. Admin. Code r. 545-X-3-.13

Current through Register Vol. 43, No. 1, October 31, 2024

Section 545-X-3-.13 - Emergency Suspension

(1) The Commission shall temporarily suspend the license of a physician without a hearing:

(a) simultaneously with the institution of proceedings for a hearing provided under this section on the request of the Board if the Board finds that evidence in its possession indicates that the physician's continuation in practice may constitute an immediate danger to his patients or to the public; or,

(b) upon certification by the Board of Medical Examiners that the physician has failed to comply with an order of the Board issued pursuant to Code of Ala. 1975, Section 34-24-360(19) or Section 34-24-360(20).

(2) If the Board of Medical Examiners finds that a physician's continuation in practice may constitute a danger to his patients or to the public and if the Medical Licensure Commission finds that danger to the public health, safety or welfare requires emergency suspension of a license and states in writing its reasons for that finding, the Commission may proceed without hearing to suspend the license of that physician. The suspension shall become effective immediately unless otherwise stated. The suspension may be effective for a period of not longer than 120 days and shall not be renewable; provided, however, that a summary suspension for failure to comply with an order of the Board issued pursuant to Section 34-24-360(19) or (20) shall continue in effect until such time as the physician complies with the order of the Board or the order is withdrawn by the Board or the order is terminated by the Commission after a hearing. The Commission shall not suspend the same license for the same or substantially similar emergency within one calendar year from its first suspension unless the Commission clearly establishes that it could not reasonably be foreseen during the initial 120-day period that such emergency would continue or would likely reoccur during the next 9-month period. When such suspension is ordered, a formal suspension or revocation proceeding under subsection c of this shall also be promptly be instituted and acted upon.

(3) The Commission may meet by telephone conference call to act upon any request by the Board for the summary suspension of the license of a physician.

(4) Immediately upon acting to temporarily suspend the license of a physician, except in the case of a suspension for failure to comply with an order issue pursuant to Section 34-24-360(19) or (20), the Commission shall schedule a hearing to be held consistent with these rules and regulations and shall notify the respondent according to notice requirements outlined heretofore.

Ala. Admin. Code r. 545-X-3-.13

Filed May 6, 1983. Repealed and new rule adopted in lieu thereof: Filed May 1, 1984. Amended: Filed March 4, 2003; effective April 8, 2003.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.

Authors: Wayne P. Turner, Wallace D. Mills

Statutory Authority:Code of Ala. 1975, §§ 34-24-360, 34-24-361.