Ala. Admin. Code r. 540-X-16-.02 - Definitions

Current through Register Vol. 40, No. 6, March 31, 2022

The following definitions shall apply to these rules;

(1) Practice of Medicine or Osteopathy Across State Lines. The practice of medicine or osteopathy across states lines means the practice of medicine or osteopathy as defined in Code of Ala. 1975, § 34-24-50(1), as it applies to:
(a) The rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient located within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or his or her agent; or
(b) The rendering of treatment to a patient located within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from this state to such physician or his or her agent.
(c) This definition is not intended to include an informal consultation between a licensed physician located in this state and a physician located outside this state provided that the consultation is conducted without compensation to or the expectation of compensation to either physician and does not result in the formal rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient by the physician located outside this state.
(2) Exemptions. Exemptions to the practice of medicine or osteopathy across state lines are defined as follows:
(a) A physician who engages in the practice of medicine across state lines in a medical emergency, as defined in these rules, is not subject to the provisions of 97-166 Ala. Acts;
(b) A physician who engages in the practice of medicine or osteopathy across state lines on an irregular or infrequent basis, as defined in these rules, is not subject to the provisions of 97-166 Ala. Acts.
(3) Medical Emergency. A medical emergency is a condition or circumstance that, in the best clinical judgment of the attending physician on the facts before him or her, so compromises the health, safety or well-being of the patient as to require immediate treatment.
(4) Irregular or Infrequent. The irregular or infrequent practice of medicine across state lines is deemed to occur if such practice occurs less than ten (10) times in a calendar year or involves fewer than ten (10) patients in a calendar year or comprises less than one percent (1%) of the physician's diagnostic or therapeutic practice.
(5) Board. Board means the State Board of Medical Examiners created under Code of Ala. 1975, § 34-24-53.
(6) Commission. Commission means the Medical Licensure Commission created under Code of Ala. 1975, § 34-24-310.
(7) Special Purpose License. A special purpose license is a license issued by the Commission to practice medicine or osteopathy across state lines which:
(a) Is only issued to an applicant whose principal practice location and license to practice is located in a state or territory of the United States whose laws permit or allow issuance of a special purpose license to practice medicine or osteopathy across state lines or a similar license to a physician whose principal practice location and license is located in the State of Alabama;
(b) Limits the licensee solely to the practice of medicine or osteopathy across state lines as defined in these rules.

Authors: Wendell R. Morgan, Patricia E. Shaner, Attorneys for the Alabama Board of Medical Examiners

Notes

Ala. Admin. Code r. 540-X-16-.02
New Rule: Filed September 17, 1997; effective October 22, 1997.

Statutory Authority: Act 97-166

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