Ala. Admin. Code r. 540-X-8-.13 - Grounds For Denial/Withdrawal Of Approval Of The Certified Registered Nurse Practitioner And Collaborating Physician

(1) The commission by a certified registered nurse practitioner of any act, offense, or condition set forth in Code of Ala. 1975, § 34-21-25 and/or Board of Nursing Administrative Code Rule 610-X-8 and/or the commission by the collaborating physician of any act, offense or condition set forth in Code of Ala. 1975, § 34-24-57 and § 34-24-360, shall be grounds, within the discretion of the respective board, to deny an application of the certified registered nurse practitioner or collaborating physician.

(2) If upon examination of the application for approval and after consideration of any information acquired by the Board of Nursing and/or the Board of Medical Examiners pursuant to an investigation into the qualifications of the physician or of the certified registered nurse practitioner, either board determines there is probable cause to believe there exists one or more grounds upon which the application may be denied, then the respective board shall:

(a) Notify the physician and/or the certified registered nurse practitioner of the grounds for possible denial of approval and the procedure for obtaining a hearing before the respective board. The failure to request a hearing within the time specified in the notice shall be deemed a waiver of such hearing.

(b) All hearings under this rule shall be conducted in accordance with the Code of Ala. 1975, Alabama Administrative Procedure Act, § 41-22-1, et. seq.

(3) A nurse practitioner who is decertified by the appropriate national certifying organization shall notify the Board of Nursing of that fact and shall not practice or use the title of certified registered nurse practitioner during the time of de-certification.

(4) When for any reason the collaborative practice agreement with the physician designated in the application for approval is terminated, then approval of such certified registered nurse practitioner and collaborating physician designated in the application is automatically withdrawn. The certified registered nurse practitioner and the physician shall each inform their respective board in writing of the effective date of the termination of the collaborative practice agreement and the reasons for such termination. Failure to notify the respective board of termination may be considered a violation of these rules and regulations for the purpose of approval of future applications.

Author: Patricia E. Shaner, Attorney for the Board of Medical Examiners

Notes

Ala. Admin. Code r. 540-X-8-.13

Filed November 9, 1982 as Rule No. 540-X-2-.22. Readopted: Filed February 8, 1983. Rules reorganized--rule number changed to 540-X-8-.06 (see conversion table at end of code): Filed June 14, 1984 (without publication in AAM). Repealed: Filed June 20, 1996; effective July 26, 1996. New Rule: Filed June 20, 1996; effective July 26, 1996. Amended: Filed August 25, 2003; effective September 29, 2003.

Was previously Rule 540-X-8-.06, renumbered as per certification filed August 25, 2003; effective September 29, 2003.

Statutory Authority: Code of Ala. 1975, §§ 34-24-53, 34-21-88.