Ala. Admin. Code r. 540-X-2-.02 - Definitions Applicable To Contested Cases

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

These rules incorporate by reference those definitions contained in Code of Ala. 1975, §§ 20-2-2, 41-22-3, unless the context clearly indicates otherwise. For the purposes of these rules the following words and phrases shall have the respective meanings ascribed by this section:

(a) Applicant shall mean a physician licensed to practice medicine or osteopathy in the State of Alabama who has applied for an Alabama Controlled Substance Registration Certificate.
(b) Board shall mean the Alabama State Board of Medical Examiners.
(c) Certificate shall mean an Alabama Uniform Controlled Substances Certificate.
(d) Certifying Board shall mean the Alabama State Board of Medical Examiners, unless some other certifying board is designated.
(e) Complainant shall mean that individual designated by the Board to prepare and prosecute complaints in contested cases.
(f) Hearing Officer shall mean an individual designated as a hearing officer by the Alabama State Board of Medical Examiners and appointed pursuant to these rules.
(g) Legitimate Medical Purpose shall mean a therapeutic treatment regimen or program generally recognized and accepted in the field of medical science as being safe and effective in the diagnosis, treatment, correction or alleviation of the specific medical condition of the patient under all relevant circumstances.
(h) Parties shall mean the complainant, the registrant or applicant and any person permitted to intervene in a contested case.
(i) Proper Medical Management shall mean those procedures and steps as undertaken by a reasonably competent and well-trained physician in the treatment of the medical condition of a patient giving due consideration to the potential risk of harmful side effects, including addiction to the drug or other medication in question.
(j) Registrant shall mean a physician licensed to practice medicine or osteopathy in the State of Alabama who is duly issued an Alabama Controlled Substance Registration Certificate.
(k) Registration shall mean an Alabama Uniform Controlled Substances Certificate.
(l) Licensed Practitioner Specializing in the Treatment of Depression shall mean a psychiatrist licensed to practice medicine in the State of Alabama or a physician or osteopath licensed to practice medicine in the State of Alabama who devotes a substantial portion of his practice to the specialized treatment of mental or emotional illness.

Author: Wendell R. Morgan

Notes

Ala. Admin. Code r. 540-X-2-.02
Filed January 19, 1984 as Rule No. 540-X-6-.01. Rules reorganized--rule number changed to 540-X-2-.02 (see conversion table at end of code): Filed June 14, 1984 (without notice in AAM).

Statutory Authority: Code of Ala. 1975, §§ 20-2-53; 20-2-54; 34-24-53; 34-24-70, 34-24-73, 34-24-75; 41-22-1, et seq.

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