Ala. Admin. Code r. 746-X-4-.06

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

Section 746-X-4-.06 - Discipline

(1)Revocation or Suspension of License. Upon a finding that respondent has violated any enumerated provision of Code of Ala. 1975, §34-25A-(1-14), or any rule adopted pursuant thereto, the Board may revoke or suspend respondent's license to practice orthotics or prosthetics or pedorthists or assist in the practice of orthotics and prosthetics in Alabama or the Board may revoke or suspend a license of an accredited facility.

(2)Fines. Upon finding that the respondent has violated any enumerated provision of law governing the practice of prosthetics and/or orthotics or pedorthists or any rule adopted pursuant thereto, the Board may impose fines for each violation.

(a) The board may impose a fine not to exceed $1,000 for each violation of the law governing the practice of orthotics and/or prosthetics, or pedorthists.

(3)Stay of Execution of Order. The Board may, in its discretion, permanently or temporarily stay the execution of its order to revoke or suspend respondent's license.

(4)Probation. The Board may, in its discretion, establish probation for a respondent.

(5)Consideration. In determining whether a license should be revoked or suspended, whether a fine should be imposed and in what amount, 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 violation;

(e) the number of complaints filed against the licensee;

(f) the length of time the licensee 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 livelihood;

(j) any efforts of rehabilitation; and any other mitigating or aggravating circumstances.

Ala. Admin. Code r. 746-X-4-.06

New Rule: Filed August 8, 2003; effective September 12, 2003. Amended: Filed November 14, 2007; effective December 19, 2007.

Author: Glenn Crumpton

Statutory Authority:Code of Ala. 1975, § 34-25A-1 -14.