Ala. Admin. Code r. 700-X-4-.06

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

Section 700-X-4-.06 - Discipline

(1) Revocation or suspension of License or Privilege. Upon a finding that respondent has violated any enumerated provision of Code of Ala. 1975, § 34-24-217, or any rule adopted pursuant thereto, the Board may restrict, revoke or suspend respondent's license or privilege to practice as a physical therapist or physical therapist assistant in Alabama.

(2) Stay of Execution of Order. The Board may, in its discretion, permanently or temporarily stay the execution of its order to restrict, revoke or suspend respondent's license or privilege. The stay may be conditioned on any provision the Board deems appropriate under all the circumstances of a particular case.

(3) Considerations. In determining whether a license or privilege should be restricted, revoked or suspended, and whether execution of the order should be stayed, and upon what conditions, the Board shall consider all relevant factors, including, but not limited to, the following:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the date of violation;

(e) The number of complaints filed against the licensee or privilege holder;

(f) The length of time the licensee or privilege holder has practiced;

(g) The actual damage, physical or otherwise, to the patient;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty upon the licensee's or privilege holder's livelihood;

(j) Any efforts of rehabilitation; and

(k) Any other mitigating or aggravating circumstances.

(4) Public Notice. The Board shall publish semi-annually a listing of names, with offenses, of licensees and privilege holders disciplined via formal or informal means.

Ala. Admin. Code r. 700-X-4-.06

Filed September 30, 1982. Amended: Filed September 4, 1998; effective October 11, 1998. Amended: Filed September 20, 2012; effective October 25, 2012; Operative November 2, 2012.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2017, eff. 6/26/2017.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 07, April 30, 2024, eff. 6/14/2024.

Author: Herbert R. Caillouet, Donald L. Hiltz, Bernard Harris, Vince Molyneux, John Cromier, Jay Segal, Eric Dekle, Mitzi Watson, Mary Jolley, Matt Bledsoe, Kathy Miller

Statutory Authority:Code of Ala. 1975, §§ 34-24-193, 34-24-217, 34-24-220.