Ala. Admin. Code r. 540-X-19-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 540-X-19-.03 - Pain Management Registration Required(1) Beginning January 1, 2014, and continuing every year thereafter, all physicians who provide pain management services must obtain a pain management registration from the Board.(2) All physicians who otherwise meet the criteria established by the Board shall obtain a pain management registration from the Board.(3) To obtain a pain management registration, a physician applicant shall submit the following to the Board: (a) A completed application on a form prescribed by the Board.(b) Proof of a current Drug Enforcement Administration (DEA) registration.(c) Proof of an Alabama Controlled Substance Certificate (ACSC).(d) Proof of a current registration with the Alabama Prescription Drug Monitoring Program (PDMP).(e) A list of all registrants who own, co-own, operate or provide pain management services in the physician applicant's practice location.(f) The disclosure of any controlled substances certificate or registration denial, restriction or discipline imposed on the registrant, or any disciplinary act against any medical license of the registrant.(g) Payment of the initial registration fee as set forth below in these rules under paragraph (6).(h) A certification listing the current name of the physician who serves as the medical director.(i) Any other information requested by the Board related to the qualifications for providing pain management services.(4) The physician applicant shall provide the Board with a physical address for each location where he or she provides pain management services and a list of all physicians who work at the practice location, including the name of the physician who will serve as the medical director. If the applicant's practice location is a hospital, the applicant is not required to provide the names of physicians at the hospital other than the name of the medical director.(5) Exemptions. The provisions of this rule shall not apply to any of the following: (a) A hospice program as defined by and licensed by the Alabama Department of Public Health, or any physician while performing work or providing pain management services for that program.(b) A facility maintained or operated by the United States or any of its departments, offices or agencies, or any physicians while performing work for that facility.(c) In addition, the Board shall provide individual, entity and any categorical exemptions as, in its discretion, it deems appropriate.(d) Any physician who is not included in subparagraphs (a) and (b) above may petition the Board for an exemption from the requirements of this rule for working at a particular entity. The Board shall have the sole discretion in determining whether the requested exemption shall be granted or denied.(6) Fees. (a) Initial Application Fee. All applicants for pain management registration shall submit an initial application fee in the amount of One Hundred Dollars ($100.00).(b) Renewal Fee. All applicants for renewal of their pain management registration shall submit renewal fee in the amount of One Hundred Dollars ($100.00).(7) Miscellaneous. (a) If an applicant does not complete the initial application process within 90 days of his or her first submission to the Board, the application shall be closed, the application fee shall not be refunded, and the applicant shall be required to reapply for registration.(b) An application which is submitted to the Board may be withdrawn at any time prior to the granting or denial of registration; however that application fee shall not be refunded.(8) Renewal. (a) A registration by a physician under this rule shall expire on December 31 of each year.(b) A registrant may renew a current registration prior to its expiration date by submitting the following to the Board:1. A completed renewal application form prescribed by the Board,2. The required renewal fee,3. A certification that each location at which the applicant provides pain management services has a medical director,4. If the practice location is not a hospital, an attestation that the practice location is not owned wholly or partly by a person who has been convicted of or pled nolo contendere to any of the following:(ii) An offense that constitutes a misdemeanor, the facts of which relate to the distribution or illegal prescribing of any controlled substance.(iii) Any applicant who has been convicted of a crime described in paragraph 4 may request an interview before the Board, after which the Board, in its discretion, may approve or deny the registration.5. Any other information requested by the Board.(9) Grounds for Denial of Registration (a) The Board may deny issuance or renewal of a pain management registration to any applicant who: 1. Fails to meet any of the requirements set forth in Code of Ala. 1975, §§ 34-24-600, et seq., or Alabama Administrative Code Rule 540-X-19-.01, et seq.;2. Furnishes false, misleading, untruthful, or fraudulent information in connection with the application;3. Discloses, or fails to disclose, any controlled substances certificate or registration denial, restriction, or discipline imposed on the applicant, or any disciplinary act against any medical license of the applicant;4. At the time of the application, is under any state or federal restriction, probation, discipline, investigation, or indictment related to the provision of medical services or fraud; or5. Is seeking to provide pain management services at a practice location where two or more licensees have committed violations under Code of Ala. 1975, §§ 34-24-600, et seq., Code of Ala. 1975, § 34-24-360, or Code of Ala. 1975, §§ 20-2-50 through 20-2-78, inclusive.(b) An applicant who is denied a pain management registration under this section may petition the Board for reconsideration of the application. Any petition must be filed within thirty (30) days of denial of the registration. Upon receipt of the petition, the Board shall issue the registration or set a hearing thereon. The hearing shall be considered a contested case and shall be governed by the rules on reinstatement hearings in accordance with Alabama Administrative Rule 540-X-6-.02(1)(b)(3).Ala. Admin. Code r. 540-X-19-.03
New Rule: Filed November 14, 2013; effective December 29, 2013.Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/24/2014.Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 12, September 30, 2015, eff. 10/22/2015.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 07, April 30, 2019, eff. 5/31/2019.Author: Alabama Board of Medical Examiners
Statutory Authority:Code of Ala. 1975, §§ 34-24-53, 34-24-600 through 34-24-610.