Alabama Administrative Code
Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS
Chapter 540-X-18 - QUALIFIED ALABAMA CONTROLLED SUBSTANCES CERTIFICATE (QACSC) FOR CERTIFIED REGISTERED NURSE PRACTITIONERS (CRNP) AND CERTIFIED NURSE MIDWIVES (CNM)
Section 540-X-18-.11 - Appeals - Qualified Alabama Controlled Substances Registration Certificate (QACSC)

(1) A CRNP or CNM may obtain judicial review when adversely affected by any of the following:

(2) Judicial review of an order of the Board may be obtained by filing a written petition for review with the Circuit Court of Montgomery County in accordance with § 41-22-20, Code of Ala. 1975, as amended.

(3) The following procedures shall take precedence over § 41-22-20(c), Code of Ala. 1975, as amended, relating to the issuance of a stay of any order of the Board suspending, revoking or restricting a QACSC. The suspension, revocation or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the Board to suspend, revoke or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the Board was taken without statutory authority, was arbitrary or capricious or constituted a gross abuse of discretion.

(4) From the judgment of the Circuit Court, either the Board or the affected party who invoked judicial review may obtain a review of any final judgment of the Circuit Court pursuant to § 41-22-21, Code of Ala. 1975, as amended. No security shall be required of the Board.