Ala. Admin. Code r. 540-X-7-.19 - Denial Of Registration - Physician Assistant (P.A.) - Hearing
Current through Register Vol. 40, No. 6, March 31, 2022
(1) If after
examination of the application for registration and after consideration of any
information developed by the Board pursuant to an investigation into the
qualifications of the physician or of the physician assistant for registration,
the Board determines that there is probable cause to believe there exist
grounds upon which the application for registration may be denied, the Board
shall take the following actions:
(a) Defer
final decision on the application for registration; and
(b) Notify the physician and the physician
assistant of the grounds for possible denial of the application for
registration and the procedure for obtaining a hearing before the
Board.
(2) The failure
to request a hearing within the time specified in the notice shall be deemed a
waiver of such hearing.
(3) If
requested by the physician or the physician assistant, a hearing shall be set
before the full Board of Medical Examiners on the application for
registration.
(4) In the event that
a hearing is not requested, the Board shall take action to approve or deny the
application for registration.
(5)
All hearings under this rule shall be conducted in accordance with the Alabama
Administrative Procedure Act, §§
41-22-1
et
seq., Code of
Ala. 1975 and Chapter 6 of the Rules and Regulations of the Board
of Medical Examiners. A decision rendered by the Board at the conclusion of the
hearing shall constitute final administrative action of the Board of Medical
Examiners for the purposes of judicial review under §§
41-22-20.
The physician assistant applicant shall have the burden of demonstrating to the
reasonable satisfaction of the Board that he or she meets all qualifications
and requirements for registration as a physician assistant. The physician
applying for registration of a physician assistant shall have the burden of
demonstrating to the reasonable satisfaction of the Board that he or she meets
all the requirements of these regulations.
Author: Patricia E. Shiner, Attorney for the Board of Medical Examiners
Notes
Statutory Authority: Code of Ala. 1975, §§ 34-24-290, et. seq.
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