Ala. Admin. Code r. 540-X-5-.05

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

Section 540-X-5-.05 - Reinstatement Of Certificate Of Qualification -Procedure And Hearings

(1) A request for reinstatement of a certificate of qualification shall be made by filing with the Board a completed Application for Reinstatement of Certificate of Qualification on a form approved by the Board.

(2) An Application for Reinstatement of Certificate of Qualification filed with the Board within twenty-four (24) months of the effective date of the applicant's voluntary surrender of the certificate of qualification may be dismissed by the Board as prematurely filed.

(3) An Application for Reinstatement of Certificate of Qualification filed with the Board more than twenty-four (24) months following the effective date of the voluntary surrender may be granted or may be set for a hearing before the Board.

(4) A hearing on the request for reinstatement of a certificate of qualification shall be conducted as a contested case under the Alabama Administrative Procedure Act (Code of Ala. 1975, §§ 41-22-1 through 41-22-27 ).

(5) In a hearing on a request for reinstatement of a certificate of qualification, the applicant shall have the burden of establishing to the reasonable satisfaction of the Board that the applicant is entitled to the specific relief requested. The Board shall take into consideration in arriving at its decision the following:

(a) The seriousness and severity of circumstances which led to the voluntary surrender of the certificate of qualification.

(b) The occurrence of any adjudicated violations of criminal or civil statutes since the effective date of the voluntary surrender of the certificate of qualification.

(c) The hardships imposed upon the applicant since the effective date of the voluntary surrender of the certificate of qualification.

(d) The likelihood that the circumstances which gave rise to the voluntary surrender of the certificate of qualification would be repeated in the future.

(e) The length of time that has lapsed since the effective date of the voluntary surrender of the certificate of qualification.

(f) The protection of the public and the patients of the applicant.

(g) The physical and mental health of the applicant as it may relate to the ability of the applicant to practice medicine in a safe and effective manner.

(h) The extent of medical knowledge, training and experience of the applicant as those factors may reflect upon the ability of the applicant to practice medicine in a safe and effective manner.

(i) Any other conditions, facts or circumstances which may be deemed relevant by the Board in considering an application for reinstatement.

(6) If the disposition of a request for reinstatement of a certificate of qualification includes a Board order that the applicant take and pass the Special Purpose Examination (SPEX), the applicant must achieve a passing score in not more than three (3) administrations, and applicants who do not achieve a passing score within three (3) administrations shall no longer be eligible to take the SPEX.

(7) The Board shall be without jurisdiction to reinstate the certificate of qualification of a physician whose certificate of qualification was voluntarily surrendered while under investigation or during the pendency of an administrative hearing if the application for reinstatement of the certificate of qualification is received by the Board more than five (5) years after the effective date of the voluntary surrender of the certificate of qualification.

(8) In the event the Medical Licensure Commission is without jurisdiction to reinstate a license to practice medicine or osteopathy or the Board is without jurisdiction to reinstate the certificate of qualification, any existing, corresponding certificate of qualification of any licensee over whom the Commission or Board has lost jurisdiction shall become null and void.

Ala. Admin. Code r. 540-X-5-.05

Filed November 9, 1982 as Rule No. 540-X-3-.05. Readopted: Filed February 8, 1983. Rules reorganized--rule number changed to (see conversion table at end of code): Filed June 14, 1984 (without publication in AAM). Repealed and New Rule: Filed November 13, 2007; effective December 18, 2007.

Author: Alabama State Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-330, 34-24-361(g).