Ala. Admin. Code r. 540-X-19-.03 - Pain Management Registration Required
(1) Beginning January 1, 2014, and continuing
every year thereafter, all physicians who provide pain management services must
obtain a pain management registration from the Board.
(2) All physicians who otherwise meet the
criteria established by the Board shall obtain a pain management registration
from the Board.
(3) To obtain a
pain management registration, a physician applicant shall submit the following
to the Board:
(a) A completed application on
a form prescribed by the Board.
(b)
Proof of a current Drug Enforcement Administration (DEA)
registration.
(c) Proof of an
Alabama Controlled Substance Certificate (ACSC).
(d) Proof of a current registration with the
Alabama Prescription Drug Monitoring Program (PDMP).
(e) A list of all registrants who own,
co-own, operate or provide pain management services in the physician
applicant's practice location.
(f)
The disclosure of any controlled substances certificate or registration denial,
restriction or discipline imposed on the registrant, or any disciplinary act
against any medical license of the registrant.
(g) Payment of the initial registration fee
as set forth below in these rules under paragraph (6).
(h) A certification listing the current name
of the physician who serves as the medical director.
(i) Any other information requested by the
Board related to the qualifications for providing pain management
services.
(4) The
physician applicant shall provide the Board with a physical address for each
location where he or she provides pain management services and a list of all
physicians who work at the practice location, including the name of the
physician who will serve as the medical director. If the applicant's practice
location is a hospital, the applicant is not required to provide the names of
physicians at the hospital other than the name of the medical
director.
(5) Exemptions. The
provisions of this rule shall not apply to any of the following:
(a) A hospice program as defined by and
licensed by the Alabama Department of Public Health, or any physician while
performing work or providing pain management services for that
program.
(b) A facility maintained
or operated by the United States or any of its departments, offices or
agencies, or any physicians while performing work for that facility.
(c) In addition, the Board shall provide
individual, entity and any categorical exemptions as, in its discretion, it
deems appropriate.
(d) Any
physician who is not included in subparagraphs (a) and (b) above may petition
the Board for an exemption from the requirements of this rule for working at a
particular entity. The Board shall have the sole discretion in determining
whether the requested exemption shall be granted or denied.
(6) Fees.
(a) Initial Application Fee. All applicants
for pain management registration shall submit an initial application fee in the
amount of One Hundred Dollars ($100.00).
(b) Renewal Fee. All applicants for renewal
of their pain management registration shall submit renewal fee in the amount of
One Hundred Dollars ($100.00).
(7) Miscellaneous.
(a) If an applicant does not complete the
initial application process within 90 days of his or her first submission to
the Board, the application shall be closed, the application fee shall not be
refunded, and the applicant shall be required to reapply for
registration.
(b) An application
which is submitted to the Board may be withdrawn at any time prior to the
granting or denial of registration; however that application fee shall not be
refunded.
(8) Renewal.
(a) A registration by a physician under this
rule shall expire on December 31 of each year.
(b) A registrant may renew a current
registration prior to its expiration date by submitting the following to the
Board:
1. A completed renewal application form
prescribed by the Board,
2. The
required renewal fee,
3. A
certification that each location at which the applicant provides pain
management services has a medical director,
4. If the practice location is not a
hospital, an attestation that the practice location is not owned wholly or
partly by a person who has been convicted of or pled nolo contendere to any of
the following:
(i) A felony.
(ii) An offense that constitutes a
misdemeanor, the facts of which relate to the distribution or illegal
prescribing of any controlled substance.
(iii) Any applicant who has been convicted of
a crime described in paragraph 4 may request an interview before the Board,
after which the Board, in its discretion, may approve or deny the
registration.
5. Any
other information requested by the Board.
(9) Grounds for Denial of Registration
(a) The Board may deny issuance or renewal of
a pain management registration to any applicant who:
1. Fails to meet any of the requirements set
forth in Code of Ala. 1975, §§
34-24-600, et seq., or Alabama
Administrative Code Rule
540-X-19-.01, et seq.;
2. Furnishes false, misleading, untruthful,
or fraudulent information in connection with the application;
3. Discloses, or fails to disclose, any
controlled substances certificate or registration denial, restriction, or
discipline imposed on the applicant, or any disciplinary act against any
medical license of the applicant;
4. At the time of the application, is under
any state or federal restriction, probation, discipline, investigation, or
indictment related to the provision of medical services or fraud; or
5. Is seeking to provide pain management
services at a practice location where two or more licensees have committed
violations under Code of Ala. 1975, §§
34-24-600, et seq.,
Code of Ala. 1975, §
34-24-360, or Code of
Ala. 1975, §§
20-2-50 through
20-2-78, inclusive.
(b) An applicant who is denied a
pain management registration under this section may petition the Board for
reconsideration of the application. Any petition must be filed within thirty
(30) days of denial of the registration. Upon receipt of the petition, the
Board shall issue the registration or set a hearing thereon. The hearing shall
be considered a contested case and shall be governed by the rules on
reinstatement hearings in accordance with Alabama Administrative Rule
540-X-6-.02(1)(b)(3).
Notes
Author: Alabama Board of Medical Examiners
Statutory Authority: Code of Ala. 1975, §§ 34-24-53, 34-24-600 through 34-24-610.
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