Current through Register Vol. 42, No. 5, February 29, 2024
(1) A violation of §§
34-24-600,
et seq., Code of Ala. 1975, as amended, as set out
below in paragraphs (2) and (3) of this rule is grounds for disciplinary action
and sanctions against a registrant as provided in this rule.
(2) Any violation of §§
34-24-600,
et seq., Code of Ala. 1975, as amended, or a rule
adopted under those sections, shall be prosecuted against and in the name of
the registrant or registrants participating in the alleged violation.
(3) In addition to the requirements,
sanctions and punishment of an ACSC provided by §§
20-2-50
through
20-2-58,
Code of Ala. 1975, as amended, the Board may impose
the following sanctions:
(a) The failure of a
physician who provides pain management services as defined in these rules, to
obtain a pain management registration from the Board, shall be punishable by a
fine up to Ten Thousand Dollars ($10,000) per violation, or the revocation of
the registration, or both, whenever the physician shall be found guilty on the
basis of substantial evidence.
(b)
A violation of any other requirements under §§
34-24-600,
et seq., including a medical director, shall be punishable by a fine up to One
Thousand Dollars ($1,000) per violation, or the revocation of the registration,
or both, whenever the physician charged shall be found guilty on the basis of
substantial evidence. Specific violations under this paragraph include:
1. Making a fraudulent or untrue statement in
applying for a pain management registration.
2. Aiding and abetting the providing of pain
management services by a physician who has not obtained a pain management
registration from the Board.
3.
Failure to register with the Alabama Prescription Drug Monitoring Program in
obtaining a pain management registration from the Board
(c) If a practice location has two or more
physicians who commit a violation under §§
34-24-600,
et seq., Code of Ala. 1975, as amended, within one
year, the Board shall report the violations to the appropriate licensing agency
or agencies that regulate the practice location.
