Current through Register Vol. 43, No. 02, November 27, 2024
(1) The intent of this rule is to provide for
the expedited issuance of a license to military service members and the spouses
of military service members who are relocated to and stationed in Alabama and
who are also qualified assistants to physicians.
(2) The board, at its discretion and pursuant
to this rule, may issue a temporary license to an assistant to physician
applicant who is relocated to or stationed in this state under official
military orders and who satisfies any of the following:
(a) Is an active duty, reserve, or
transitioning member of the United States Armed Forces, including the National
Guard;
(b) Is the spouse of an
active duty, reserve, or transitioning member of the United States Armed
Forces, including the National Guard; or
(c) Is the surviving spouse of a service
member who, at the time of his or her death, was serving on active
duty.
(3) For the
purposes of this rule, a transitioning service member is a member of the United
States Armed Forces, including the National Guard, on active duty status or on
separation leave who is within 24 months of retirement or 12 months of
separation.
(4) An assistant to
physician must satisfy the requirements of paragraph (2) by providing one of
the following:
(a) The active or reserve
service member's official military orders;
(b) The transitioning service member's DD
Form 214 or NGB Form 22; or
(c) The
deceased service member's DD Form 214 or NGB Form 22 and death certificate if
the assistant to physician is the spouse of a service member; and
(d) A marriage certificate substantiating
marriage to the service member if the assistant to physician is the spouse of a
service member.
(5) An
assistant to physician may receive a temporary license issued under paragraph
(2) if he or she satisfies the requirements of paragraph (2) to the
satisfaction of the board, and presents evidence satisfactory to the board of
all of the following:
(a) Possession of a
full and unrestricted license to practice as an assistant to physician issued
by the appropriate licensing board of another state, the District of Columbia,
a territory of the United States, or a province of Canada;
(b) Completion of a training program
accredited by the Committee on Allied Health Education and Accreditation
(CAHEA), the Commission on Accreditation of Allied Health Education Programs
(CAAHEP), the Accreditation Review Commission on Education for the Physician
Assistant (ARC-PA), or the Accreditation Review Committee for the
Anesthesiologist Assistant (ARC-AA), or their successor agencies;
(c) Completion of the Physician Assistant
National Certification Examination (PANCE) as administered by the National
Commission on Certification of Physician Assistants (NCCPA) or the National
Certifying Examination for Anesthesiologist Assistants (NCEAA) as administered
by the National Commission for Certification of Anesthesiologist Assistants
(NCCAA);
(d) Has never been
convicted, received adjudication, community supervision, or deferred
disposition of any felony offense or any crime related to fraud, violence,
sexual violations, or health care;
(e) Has never had his or her license to
practice as an assistant to physician subjected to discipline by a licensing
agency in any state, federal, or foreign jurisdiction, excluding any action
related to the non-payment of fees related to a license;
(f) Has never had a controlled substance
license or permit suspended or revoked by a state or the United States Drug
Enforcement Administration;
(g) Is
not currently under investigation by a licensing agency or law enforcement
authority in any state, federal, or foreign jurisdiction; and
(h) Is a United States citizen, a national of
the United States, or an alien lawfully present in the United States.
(6) An assistant to physician who
is issued a temporary license under this rule shall apply for a license to
practice as an assistant to physician under this chapter within 12 months after
the issuance of a temporary license.
(a) A
temporary license issued under these rules shall expire 12 months after the
date of issuance if an application for a license to practice as an assistant to
physician pursuant to this chapter is not received by the board.
(b) An assistant to physician who is issued a
temporary license under this rule must apply for registration to a supervising
physician under Chapter 540-X-7 of these rules in order to practice as an
assistant to physician in Alabama.
(c) Applicants for a temporary license under
this rule shall not be required to pay the initial application fee.
(d) A temporary license may be issued by the
Executive Director of the State Board of Medical Examiners, or his or her
designee, upon his or her satisfaction and certification of the requirements
set forth in this rule.
(e) The
temporary license shall clearly indicate that it is a temporary license for
military service members or their spouses.
(f) Any assistant to physician issued a
temporary license under this rule shall be subject to having his or her license
suspended or revoked by the board for the same causes or reasons, and in the
same manner, as provided by law and these rules for other assistants to
physician licensed pursuant to this chapter.
Due to the agency making such drastic changes (moving rules
around, changing titles, repealing and adding new rules) in this chapter, it
was difficult to accurately post the history. The changes that were made to the
complete chapter prior to the July 23, 1999, are: Existing Chapter 540-X-7
Physician's Assistants and Surgeon's Assistants was repealed and new Chapter
540-X-7, Assistants to Physicians was filed November 16, 1995; effective
December 16, 2004. Rules 540-7-1-.01 and .02 were amended and New Rules
540-X-7-.43 -.60 were added filed
September 22, 1995; effective October 27, 1995. Chapter 540-X-7 and Appendices
C, D, and L were amended filed December 20, 1996; effective January 24,
1997.
Author: Alabama Board of Medical
Examiners.
Statutory Authority:
Code of Alabama
1975, §§
34-24-53,
34-24-297,
34-24-301.1; Alabama Acts No.
2021-100.
