Ala. Admin. Code r. 610-X-8-.04 - Investigation

1. Upon self-disclosure or receipt of a written complaint alleging that an applicant for or holder of any license, permit, certificate or approval issued by the Board or a holder of multistate licensure privilege has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Executive Officer shall provide for an investigation by Board staff to determine if there is sufficient evidence to warrant disciplinary proceedings.

a. The Board shall consider only those complaints which include the following:

1. The name of the applicant for or holder of a license, permit, approval, certificate, or multistate licensure privilege.

2. The name and contact information (telephone number, email address, etc.) of the complainant.

3. Specific allegation(s) which, if substantiated through investigation, would constitute violation(s) of the Alabama Nurse Practice Act ( Code of Ala. 1975, § 34-21-1, et. seq.) or the Alabama Board of Nursing Administrative Code.

2. When an investigation discloses that disciplinary action is not warranted for the protection of the public health, safety and welfare, the investigative file shall be closed, provided that the matter may be reinvestigated at any time if circumstances so warrant.

a. When the holder of a multistate license changes his or her primary state of residence during the course of an investigation, the investigation shall continue. The board may take any appropriate actions and shall report the conclusions of the investigation to the administrator of the coordinated licensure information system, which shall promptly notify the new home state of any actions.

b. The board shall notify the coordinated licensure information system of any current significant investigative information. Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.

Notes

Ala. Admin. Code r. 610-X-8-.04

Filed September 29, 1982. Repealed and New Rule: Filed January 29, 2002; effective March 5, 2002. Repealed and New Rule: Filed May 21, 2010; effective June 25, 2010. Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/29/2014. Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 10, July 31, 2018, eff. 9/3/2018. Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 9/9/2019; operative 1/1/2020. Amended by Alabama Administrative Monthly Volume XLII, Issue No. 10, July 31, 2024, eff. 9/14/2024.

Author: Alabama Board of Nursing

Statutory Authority: Code of Ala. 1975, §§ 34-21-2(j)(1), 34-21-25.