Ala. Admin. Code r. 540-X-18-.09 - Due Process Proceedings - Denial of and Actions Against Qualified Alabama Controlled Substances Registration Certificate (QACSC)
(1) Before denying
an application for a QACSC, denying an application for renewal or reinstatement
of a QACSC, or taking action against a QACSC of a CRNP or CNM, the Board shall
serve upon the CRNP or CNM an order to show cause why registration should not
be denied or why the QACSC should not be restricted, limited, suspended or
revoked.
(2) Any hearing concerning
the order to show cause shall be before the Board.
(3) The order to show cause shall contain a
statement of the basis therefor and shall call upon the applicant or registrant
to appear before the Board at a time and place not less than thirty (30) days
after the date of service of the order, but in the case of denial of renewal of
registration, the show cause order shall be served not later than thirty (30)
days before the expiration of the registration.
(4) Proceedings to deny renewal of
registration shall not abate the existing registration which shall remain in
effect pending the outcome of the administrative hearing.
(5) The Board may restrict, suspend or revoke
a QACSC whenever a CRNP or CNM shall be found guilty on the basis of
substantial evidence of any of the acts or offenses enumerated in Rule
540-X-18-.08.
(6) The Board may limit revocation or
suspension of a QACSC to the particular controlled substance with respect to
which grounds for revocation or suspension exist.
(7) The Board shall promptly notify the Drug
Enforcement Administration of the United States Department of Justice of all
orders restricting, limiting, suspending or revoking a QACSC.
(8) Any hearing before the Board shall be
considered a contested case under the Alabama Administrative Procedure Act,
§
41-22-1, et. seq.,
Code of Ala. 1975, as amended, and shall be conducted
in accordance with the requirements of that Act.
(9) In a hearing on the request for
reinstatement of a QACSC, the Board has the authority to reinstate or deny
reinstatement of a QACSC. In a hearing on a request for reinstatement of a
QACSC, the applicant shall have the burden of establishing to the reasonable
satisfaction of the Board that the applicant is entitled to the specific relief
requested.
Notes
Author: Alabama Board of Medical Examiners
Statutory Authority: Code of Ala. 1975, §§ 20-2-250, et. seq.; Act 2013-223
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