Ala. Admin. Code r. 625-X-11-.02

Current through Register Vol. 42, No. 12, September 30, 2024

Section 625-X-11-.02 - Discipline

(1)Revocation or Suspension of License. Upon a finding that respondent has violated any enumerated statutory provision or any rule or regulation adopted pursuant thereto, the Board may revoke or suspend any license or permit heretofore issued by the Board and/or impose a civil penalty in accordance with applicable statute(s) or rule(s) or regulation(s).

(2)Stay of Execution of Order. The Board may, in its discretion, permanently or temporarily stay the execution of any order issued pursuant to subsection (1). The stay may be conditioned on any provision the Board deems appropriate under all the circumstances of a particular case.

(3)Considerations. In determining whether a license should be revoked or suspended, and whether execution of the order should be stayed, and upon what conditions, the Commission 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 date of violation;

(e) the number of complaints filed against the licensee;

(f) the length of time the licensee has practiced;

(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 livelihood;

(j) any efforts of rehabilitation; and

(k) any other mitigating or aggravating circumstances.

Author: Cynthia G. Powell, O.T.

Ala. Admin. Code r. 625-X-11-.02

Filed January 7, 1992.

Statutory Authority:Code of Ala. 1975, §§ 34-39-7, 34-39-16.