Ala. Admin. Code r. 610-X-8-.09

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

Section 610-X-8-.09 - Decisions Of The Board

1. Based upon the evidence presented at the administrative hearing or pursuant to informal disposition, the Board may take one or more of the following actions:

a. Dismiss the administrative complaint in its entirety or any alleged violation in the complaint.

b. Find the respondent not guilty of any or all of the violations alleged in the administrative complaint.

c. Find the respondent guilty of any or all of the violations alleged in the administrative complaint. If the Board finds the respondent guilty of one or more of the violations alleged in the administrative complaint, the Board may take one or more of the following disciplinary actions against the respondent:

1. Reprimand the respondent's license, permit, approval, certificate, or multistate licensure privilege.

2. Place on probation with conditions for continued practice the respondent's license, permit, approval, certificate, or multistate licensure privilege.

3. Require the respondent to participate in continuing education programs.

4. Suspend the respondent's license, permit, certificate, approval, or multistate licensure privilege.

5. Revoke the respondent's license, permit, certificate, approval, or multistate licensure privilege.

6. Order the respondent to undergo an evaluation.

7. Lapse the respondent's license, permit, approval, certificate, or multistate licensure privilege by Order of the Board.

8. Deny approval of the applicant to take the license, permit, or certification examination, deny approval of the applicant for a license, permit, certificate, or approval by endorsement, deny the application for multistate licensure, or deny the application for a certificate of qualification to engage in advanced practice nursing or approval of a collaborative practice.

9. Deny renewal or reinstatement of a license, permit, certificate, or approval.

10. Impose other sanctions or restrictions.

11. Levy a fine not to exceed $1,000.00 per violation.

12. Withdraw approval of a nursing education program.

13. Deny approval of a nursing education program.

14. Continue approval of a nursing education program for a specified period.

15. Direct a nursing program administrator to notify students in writing of the Board's decision.

16. Issue a cease and desist order on or impose an encumbrance on the multistate licensure privilege.

17. If the Board takes adverse action against a multistate license, the Board's order shall also include a statement that the multistate licensure privilege of the nurse is deactivated in all party states during the pendency of the order.

2. The decisions of the Board shall be in writing in the form of an Order, a copy of which shall be mailed or delivered to the respondent or the respondent's attorney.

3. The decisions of the Board shall be subject to public dissemination, including but not limited to the required reporting of disciplinary actions to all federal databanks.

4. Judicial review of decisions of the Board may be sought in the Circuit Court of Montgomery County, Montgomery, Alabama. Appeals are to be perfected in accordance with the Alabama Administrative Procedures Act.

Ala. Admin. Code r. 610-X-8-.09

Filed September 29, 1982. Repealed and New Rule: Filed January 29, 2002; effective March 5, 2002. Repealed and New Rule: Filed May 21, 2010; effective June 25, 2010. Amended: Filed August 19, 2011; effective September 23, 2011.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/29/2014.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 9/9/2019; operative 1/1/2020.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 10, July 31, 2024, eff. 9/14/2024.

Author: Alabama Board of Nursing

Statutory Authority:Code of Ala. 1975, § 34-21-25, 34-21-2 (j) (1)(4)(5).