Ala. Admin. Code r. 930-X-1-.23

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

Section 930-X-1-.23 - Reciprocal Discipline

(1) All licensees' subject to the provisions of this Rule shall, upon being subjected to other professional disciplinary action in another jurisdiction, promptly inform the Board. Upon being informed that a licensee subjected to the provisions of these Rules has been subject to discipline in another jurisdiction, the disciplined licensee shall get a certified copy of such disciplinary order and file it with the Board.

(2) Upon receipt of a certified copy of an order demonstrating that a licensee licensed to perform in this state has been disciplined in another jurisdiction, the Board shall forthwith issue a notice directed to the licensee containing:

(a) A copy of said order from the other jurisdiction; and

(b) An order directing that the licensee inform the Board, within twenty-eight days from service of the notice, of any claim by the licensee predicated upon the grounds set forth in section (4) hereof that the imposition of the identical discipline in this state would be unwarranted and the reasons therefore.

(3) In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this state shall be deferred until such stay expires.

(4) Upon the end of forty-two days from service of the notice issued pursuant to the provisions of (2) above, the Board shall impose identical discipline, unless the Board finds:

(a) That the procedure was so lacking in notice of opportunity to be heard as to constitute a deprivation of due process; or

(b) That there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Board could not, consistent with its duty, accept as final the conclusion on that subject; or

(c) That the misconduct there established either does not constitute grounds for discipline in this state, or warrants substantially different discipline here.

Where the Board determines that any of said elements exist, it shall enter such other order as it deems appropriate.

(5) In all other respects, a final adjudication in another jurisdiction that a licensee has been guilty of misconduct shall establish conclusively that misconduct for purposes of a disciplinary proceeding in this state.

Ala. Admin. Code r. 930-X-1-.23

Repealed and New Rule: Filed December 18, 1997; effective January 22, 1998. Amended: Filed January 10, 2007; effective February 14, 2007.

Author: Alabama State Board of Veterinary Medical Examiners

Statutory Authority:Code of Ala. 1975, § 34-29-69.