Current through Register Vol. 42, No. 11, August 30, 2024
(1) There
are hereby established two categories of hearings held before the Board in its
capacity as a certifying board under the Alabama Uniform Controlled Substances
Act:
(a) Revocation Hearing. Any proceeding
or hearing for the revocation, suspension or restriction of a registrant's
controlled substance registration certificate based on the violation of one or
more of the offenses and conditions set forth in Code of Ala.
1975, §
20-2-54(a), as
amended by Act No. 83-890 (3rd Ex. Sess., 1983). Included within this category
is any hearing or proceeding whereby a decision by the Board concerning a
previously restricted registration certificate may result in the further
restriction, suspension or revocation of the registrant's
certificate.
(b) Reinstatement
Hearing. Any hearing or proceeding conducted by the Board to consider:
1. The reinstatement of a previously revoked
registration.
2. The termination,
modification or amendment or any restriction or suspension previously imposed
by the Board on a registrant's certificate.
3. The review or reconsideration of any
action taken by the Board with respect to a registration.
4. The consideration of any annual renewal
application for an unrestricted registration certificate by an applicant whose
registration certificate had been previously restricted.
(c) Applications for reinstatement of a
controlled substance registration certificate or for removal, termination or
modification of restrictions to a controlled substance registration certificate
filed with the board less than 24 months following the effective date of the
revocation, suspension, restriction or surrender of a controlled substance
registration certificate may, within the discretion of the board, be dismissed
by the board without a hearing as prematurely filed. Applications filed more
than 24 months following the effective date of the revocation, suspension,
restriction or surrender shall either be granted by the board or set for a
hearing before the board which shall be conducted as a contested case under the
Alabama Administrative Procedure Act.
(2) In a revocation hearing the complainant
shall have the burden to establish by competent evidence that the registrant
has committed one or more of the offenses or conditions specified in
Code of Ala. 1975, §
20-2-54(a), as
such conditions or offenses presently are set forth or may be hereinafter
amended, and as they may be further defined by the rules and regulations of the
Board. In determining whether the registrant is guilty of any of the offenses
or conditions set forth in the complaint, the Board shall not receive evidence
of or consider any previous action of the Board concerning the registrant's
certificate. After the Board has reached a determination, from consideration of
all of the evidence on the question of guilt or innocence of the registrant
with respect to the grounds specified in the complaint, and before the Board
determines the appropriate penalty, if any, to be imposed, the Board may, but
is not required to, receive and consider all prior actions of the Board with
respect to the registrant's certificate of registration and any matters in
mitigation or extenuation which the registrant desires to submit. The fact that
a member of the Board has previously participated in a hearing, interview or
investigation concerning the registrant, shall not disqualify that board member
from participation in a subsequent revocation hearing.
(3) In a reinstatement hearing (including any
application for reconsideration, application for removal of prior restrictions,
application for reinstatement, or removal of probationary conditions or any
similar requests based upon a prior action of the Board), the registrant shall
have the burden of establishing to the reasonable satisfaction of the Board
that the registrant is entitled to the specific relief requested. In a
reinstatement hearing the Board shall take into consideration in arriving at
its decision the following:
(a) The severity
of the offense and/or the seriousness of the violation and the length of time
that has lapsed since the action of the Board in revoking, suspending or
restricting the certificate of registration.
(b) The occurrence of any new violation of
the Uniform Controlled Substances Act committed since the most recent action of
the Board; provided however, that it shall not be required that a new violation
of any of the offenses and conditions as set forth in Code of Ala.
1975, §
20-2-54(a), be
established before the Board can deny an application for
reinstatement.
(c) The violation of
or deviation from any conditions or restrictions previously imposed upon the
registrant by the Board.
(d) The
hardships imposed upon the medical practice of the registrant by the previous
action of the Board.
(e) The
likelihood that the violation which gave rise to the previous action of the
Board would be repeated in the future.
(f) The protection of the public and the
patients of the registrant.
(g) The
physical and mental health of the registrant as it may relate to the ability of
the registrant to utilize controlled substances in a safe and effective
manner.
(h) The extent of medical
knowledge, training and experience of the registrant as those factors may
reflect upon the ability of the registrant to utilize controlled substances in
a safe and effective manner.
(i)
Any other conditions, fact or circumstances which may be deemed relevant by the
Board in considering an application for reinstatement.
(4) At any time during the conduct of a
reinstatement hearing, on the motion of any party or on its own motion, if the
Board shall determine that the evidence indicates that the registrant may be
guilty of a new violation of the offense or conditions set forth in
Code of Ala. 1975, §
20-2-54(a), then
the Board may discontinue the reinstatement hearing and direct that a
revocation hearing be set in accordance with Rule
540-X-6-.02(1)(a).
Except as specifically modified by these rules, revocation hearings and
reinstatement hearings will be governed by and conducted in accordance with the
requirements of the Alabama Uniform Controlled Substances Act, and the Alabama
Administrative Procedure Act.
Author: Wendell R. Morgan
Statutory Authority:
Code of Ala.
1975, §§
20-2-53;
20-2-54;
34-24-53;
41-22-1,
et
seq.
