Ala. Admin. Code r. 545-X-1-.06

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

Section 545-X-1-.06 - Powers And Duties Of The Commission

The Commission is authorized to:

(1) issue, revoke, suspend, or otherwise discipline and reinstate all licenses authorizing doctors of medicine and doctors of osteopathy to practice in the State of Alabama.

(2) promulgate rules and regulations as it deems proper for implementing and carrying out the provisions of Article 8, Title 34, Code of Ala. 1975.

(3) receive and consider, but not be bound by, the recommendation of the Board of Medical Examiners.

(4) request the Board of Medical Examiners to furnish all personnel and facilities necessary to administer and enforce Article 8, Title 34, Code of Ala. 1975.

(5) call upon the attorney general, district attorney or other prosecuting attorneys of this state to assist in any request.

(6) in appeals brought under § 34-24-330 of the Code of Ala. 1975, either affirm the action of the Board of Medical Examiners in denying a certificate of qualification to an applicant or order the Board of Medical Examiners to issue a certificate of qualification to an applicant who has been denied certification by the Board.

(7) issue a new license to applicant, whose license has been lost or destroyed or whose name is changed by marriage or court order.

(8) determine the size and artistic design of limited licenses, cards, and certificates issued by the Commission.

(9) renew the certificate of registration each calendar year for all physicians applying for renewal of their certificate of registration.

(10) issue certificates of registration to applicants who have renewed their license for the calendar year.

(11) file an action in the nature of quo warranto pursuant to Code of Ala. 1975, § 6-6-590, in any circuit court having jurisdiction against any person within this state who is practicing without a license or to whom a license or certificate of qualification has been denied, or for whom a license has been suspended, restricted, or revoked, and to order such person to cease and desist from continuing to practice medicine within Alabama.

(12) suspend, revoke, restrict, or place on probation any license to practice medicine whenever the licensee shall be found guilty by the Commission of any of the acts or offenses specified by law, including those acts set out in § 34-24-360 of the Code of Ala. 1975, and the administrative rules of the Commission and Alabama Board of Medical Examiners.

(13) order or direct a physician, when there is a question of physical or mental inability to practice medicine with reasonable skill and safety, to submit to either a physical, mental or laboratory examination or any combination of such examinations to be performed by a health care professional designated by the Commission.

(14) promulgate rules and regulations defining immoral, unprofessional or dishonorable conduct.

(15) suspend or revoke the license of a physician if the individual refuses to appear before the Board of Medical Examiners for a formal interview, after having been formally requested to do so in writing by the executive director of the Board.

(16) temporarily suspend the license of a physician without a hearing simultaneously with the institution of proceedings for a hearing on the request of the Board of Medical Examiners, if the Board finds evidence in its possession which indicates that the physician's continuation in practice may constitute an immediate danger to his patients or to the public.

(17) withdraw the license of a physician if the certificate of qualification of that physician is surrendered to the Board of Medical Examiners or place restrictions on the license of a physician if the certificate of qualification has restrictions placed on it by the Board.

(18) subpoena witnesses and cause depositions of witnesses to be taken in the manner prescribed by law.

(19) adopt and promulgate rules and regulations regarding the practice of acupuncture as a branch of the practice of medicine.

Ala. Admin. Code r. 545-X-1-.06

Filed May 6, 1983.

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, §§ 34-24-311, et seq.