Ala. Admin. Code r. 190-X-2-.17 - Non Licensed Chiropractic Practice Ownership
Current through Register Vol. 40, No. 6, March 31, 2022
(1)
Definition. For the purpose of this rule, practice
shall mean an office, clinic or other place that offers or provides
chiropractic services which is owned in whole or in part by a non-licensed
person or entity.
(2)
Permit Required.
(a)
A practice shall not offer or provide chiropractic services without all
non-licensed owners' first obtaining a permit or renewal permit from the
Board.
(b) An applicant for a
permit shall submit to the Board an application as prescribed by the Board,
along with a permit fee and an examination fee in the amounts set forth by
Board Rule. The application must be signed by all owner(s), if a sole
proprietorship, or by an authorized representative, if a partnership,
corporation, Limited Liability Company or Limited Liability Partnership.
Each applicant shall be of good moral character, a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.
(c) The
following information shall be included in the application and upon renewal:
1. The legal name of the practice and street
address, telephone and facsimile numbers of the practice;
2. The type of entity (Sole proprietorship,
partnership, corporation, Limited Liability Company, or Limited Liability
Partnership);
3. The name, address
and percentage of ownership of each person or entity;
4. The name and license number of each
chiropractor licensed by the Board who is employed or otherwise engaged to
offer or provide chiropractic services at the practice. Each such applicant,
i.e. the individual or the person most directly involved should be of good
moral character.
(d) As
a condition of the issuance of the initial non-licensed permit, the applicant
if an individual(s) or if an entity the person(s) who will be most directly
involved in the operation of the practice shall successfully pass a
jurisprudence examination to be administered by the Board.
(e) No permit or renewal will be issued on an
incomplete submission. Applications or renewals that are submitted without all
of the required documents, information and/or fees will be deemed incomplete
and returned to the applicant.
(f)
Practice permits shall not be required for licensed hospitals as defined in
Sections 22-21-7, Code of Ala. 1975.
(g) Late Fees. A practice which does not
renew the permit by September 30 shall pay late fees in the same amount as
outlined in Board Rule 190-X-l-.18(9).
(h) Continuing Education Required. As a
condition for renewal of a non licensed permit, the clinic owner(s) if an
individual(s) or if an entity the person(s) who will be most directly involved
in the operation of the practice shall obtain a minimum of two (2) hours of
continuing education in Board approved courses on chiropractic regulations and
compliance with the Alabama Chiropractic Practice Act and Board Rules between
October 1 and September 30 of each year.
(i) The clinic owner(s) of any non licensed
clinic that is initially issued a permit in this state after October 1, 2011
shall complete as part of the continuing education requirement four (4) hours
of continuing education in Board approved courses on chiropractic regulation
and compliance with the Alabama Chiropractic Practice Act and Board rules as a
condition of renewal for the year following the initial permit
issuance.
(3) Any
licensed chiropractor who offers or provides chiropractic services for or in a
practice as defined in this rule without said practice having first obtained a
permit or a timely renewal shall be considered in violation of the Alabama
Chiropractic Practice Act. A practice permit shall be subject to the provisions
of the Alabama Chiropractic Practice Act in regard to issuance and renewal of
the permit or the acts or omission of any licensed chiropractor employed or
otherwise engaged to offer or provide chiropractic services.
(4) A clinic may continue to operate until
December 31 of the year for which a permit is issued subject to
Code of Ala. 1975, Section 34-24-165(b).
(5) The permit of any non licensed owner who
fails to renew on or before January 1st shall be
automatically suspended. Any non licensed owner whose permit is automatically
suspended shall be allowed reinstatement if on or before January
31st the non licensed owner submits documentation of
compliance for conditions of renewal and submits payment of the applicable
reinstatement fee. Any non licensed owner who seeks reinstatement due to
nonrenewal after January 31st shall comply with the
requirements of Code of Alabama 34-24-176.
Notes
Author: J Ward
Statutory Authority: Code of Ala. 1975, ยงยง 34-24-123, 34-24-165.
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