A retired physician who does not engage in the practice of medicine in any form, but who nevertheless desires to maintain a current license may be excused from the minimum continuing medical education requirement by submitting to the State Board of Medical Examiners an application for waiver and a statement in writing signed by the physician attesting that he is retired and is no longer practicing medicine in any form. An application for a waiver due to retirement shall be deemed a request for a voluntary restriction on the physician's certificate of qualification and license to practice medicine under Section 34-24-361(g) which prohibits the physician from engaging in the practice of medicine in any form while the waiver is in effect. During any period of time in which a physician with an active license to practice medicine has been granted a waiver due to retirement by the Board, the status of such physician's license shall be "active with restriction due to retirement". The restriction shall be considered non-disciplinary, shall not be reportable to the National Practitioner Data Bank and shall not be published in the Board of Medical Examiners' Newsletter. The restriction shall be a matter of public record and available to any person or organization requesting verification of the license status of the physician. In order to be granted a waiver due to retirement, the physician must voluntarily surrender his current Alabama Controlled Substances Registration Certificate, which must accompany the application for waiver. A retired physician who has claimed exemption from the minimum continuing medical education requirement pursuant to this rule and who at a subsequent time desires to re-enter the practice of medicine in any form shall submit to the Board an application for removal of waiver status and proof that he has complied with the continuing medical education requirement as set forth in Rule 545-X-5-.02. Documentation necessary to establish compliance shall be in accordance with Rule 545-X-5-.10. Proof of compliance with the continuing medical education requirement is a condition precedent to re-entering medical practice and to the issuance, re-issuance or renewal of the physician's Alabama Controlled Substances Registration Certificate.
Ala. Admin. Code r. 545-X-5-.04
Author: Wendell R. Morgan
Statutory Authority:Code of Ala. 1975, § 34-24-311, Act 89-244.