ALBME

Administrative Rules

Administrative Rules are published by the Legislative Reference Service

Click here for Board of Medical Examiners Administrative Rules

Click here for Medical Licensure Commission Administrative Rules

Emergency Rules

From time to time, the Board or Commission will adopt rules on an emergency basis. These rules are effective on the day they are filed and are effective for no more than 120 days.

540-X-3-.26ER, Applicants for Emergency Certificate of Qualification by  Endorsement540-X-7-.70ER; Applicants for Emergency License to Practice as a Physician Assistant; and 540-X-7-.71ER, Applicants for Emergency License to Practice as an Anesthesiologist Assistant:  New emergency rules to assist with the public health emergency declared by the Governor on August 13, 2021, by providing free, expedited licenses to qualified physicians and assistants to physicians to provide care to patients in hospital inpatient units, emergency departments, or other acute care units. 

545-X-2-.10ER, Emergency License:  New emergency rule to effect temporary emergency licenses described above.

540-X-7-.26ER, Limitations upon Utilization of Physician Assistants (P.A.):  Emergency rule and amended rule published for comment increase total FTEs from 4 to 9; collaborative/supervisory agreements in other states count towards this total; requirement for physician to disclose all agreements in all states; monthly QA for six months required for new agreements. (Permanent rule will be effective 10/15/2021)


Proposed Rules

August 2021 (comment period ends 10/5/2021)

540-X-3-.19.1, Denial of Application for Certificate of Qualification - Hearing: New rule to provide for a hearing when grounds exist for denial of an application for a certificate of qualification to practice medicine.

Multiple rules in Chapter 540-X-7, Assistants to Physicians, amended to add CME requirement for assistants to physicians and supervising physicians (effective 1/1/2024); remove "board eligible" and one year of practice and add practice for one year in a licensed hospital to qualify as a supervising physician; add grounds for denial of registration; provide for interim approval while under investigation; clarify role of covering physicians; requirement for quarterly QA and documentation retention; clarify qualifications of covering physicians and require supervising physician to certify as to covering physicians' continued availability.

540-X-7-.15, Registration (P.A.) and Appendix A, Application for PA Registration:  Amend rules to remove list of core duties and scope of practice to a separate, required document and to affirm the non-refundability and non-transferability of the registration fee.

540-X-9-.10, Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management:  Amend rule to clarify retention, destruction, and disposition of medical records. 

545-X-2-.08, Temporary Expedited License for Military Service Members and Spouses: New rule authorizing expedited temporary licensure to practice medicine for military members and spouses.

545-X-4-.08, Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management:  Repeal and replace to provide more guidance to physicians regarding standards for patient medical records and their maintenance and destruction.

July 2021

545-X-1-.11, Definitions:  Amendment would allow the appointment of a hearing officer to preside over contested case hearings.

545-X-3-.05, Witnesses/How Subpoenaed and Sworn; Failure to Comply:  Amendment allows a hearing officer to issue subpoenas for the Commission.

545-X-3-.08, Appointment and Authority of Hearing Officer:  Amendment allows for the appointment of a hearing officer, to designate his/her authority, and to amend the authority of legal counsel.

June 2021

None.


Certified Final Rules

August 2021 (effective date 10/15/2021)

540-X-3-.25 (MD/DO) and 540-X-7-.69 (PA/AA), Expedited License for Military Members/Spouses: New rules to provide for expedited, temporary licenses for active military members and their spouses.

540-X-7-.26, Limitations on Utilization of Physician Assistants (P.A.): Amended to increase total allowable FTEs, provide for QA review every 6 months when collaborating with/supervising over 4 FTEs/week, requirement for annual disclosure of all collaborative/supervisory agreements in all states.

New Chapter 540-X-26, Collaborative Pharmacy Practice (540-X-26-.01 through 540-X-26-.17) (APA-4 certification page):  New rules to provide for requirements for collaborative practices between physicians and pharmacists pursuant to Act 2019-368 (Ala. Code § 34-23-77)

July 2021

None.

June 2021 (effective date 8/14/2021)

545-X-2-.02, Initial License Applications: Repealed application form.

545-X-2-.06, License Issued for Participation in the Retired Senior volunteer Program: Repealed application form.

545-X-6-.03, Initial Special Purpose License Application: Repealed application form.