Ala. Admin. Code r. 540-X-22-.02

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

Section 540-X-22-.02 - Definitions

For the purposes of this rule, the following terms shall have the meanings ascribed to them:

(1) BYLAWS. Those bylaws established by the interstate commission pursuant to Code of Ala. 1975, § 34-24-530 for its governance, or for directing and controlling its actions and conduct.

(2) COMMISSIONER. The voting representative appointed by each member board pursuant to Code of Ala. 1975, § 34-24-530.

(3) CONVICTION. A finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(4) EXPEDITED LICENSE. A full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

(5) INTERSTATE COMMISSION. The interstate commission created pursuant to Code of Ala. 1975, § 34-24-530.

(6) LICENSE. Authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

(7) MEDICAL PRACTICE ACT. Laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(8) MEMBER BOARD. A state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

(9) MEMBER STATE. A state that has enacted the compact.

(10) PRACTICE OF MEDICINE. The clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

(11) PHYSICIAN. Any person who:

(a) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

(b) Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(c) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(d) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;

(e) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(f) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(g) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;

(h) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

(i) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(12) OFFENSE. A felony, gross misdemeanor, or crime of moral turpitude.

(13) RULE. A written statement by the interstate commission promulgated pursuant to Ala. Code § 34-24-531 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(14) STATE. Any state, commonwealth, district, or territory of the United States.

(15) STATE OF PRINCIPAL LICENSE. A member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.

Ala. Admin. Code r. 540-X-22-.02

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 12, September 29, 2016, eff. 10/12/2017.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, §§ 34-24-530 through 543.