(a)

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Terms Used In Alabama Code 34-24-70.1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(1) The board, subject to the rules adopted by the board, may issue a temporary certificate of qualification to a physician applicant who is relocated to or stationed in this state under official military orders and who satisfies any of the following:

a. Is an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
b. Is the spouse of an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.
c. Is the surviving spouse of a service member who, at the time of his or her death, was serving on active duty.
(2) For the purposes of this section, a transitioning service member is a member of the United States Armed Forces, including the National Guard, on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.
(b) The Medical Licensure Commission, subject to the rules adopted by the commission, may issue a temporary license to practice medicine to an applicant who has been issued a temporary certificate of qualification by the board under this section.
(c) A physician may receive a temporary certificate of qualification issued under subsection (a) if he or she satisfies the requirements of subsection (a), to the satisfaction of the board, and presents evidence satisfactory to the board of all of the following:

(1) Possession of a full and unrestricted license to practice medicine issued by the appropriate medical licensing board of another state, the District of Columbia, a territory of the United States, or a province of Canada.
(2) Graduation from a medical school accredited by the Liaison Committee on Medical Education or the Commission on Osteopathic College Accreditation, or a medical school listed on the International Medical Education Directory or its equivalent.
(3) Pursuant to the qualifications set forth in Section 34-24-70(a)(3) and any rule adopted pursuant to that section, passage of each component of the United States Medical Licensing Examination (USMLE), the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA), the Licentiate of the Medical Council of Canada Examination, or any of their predecessor examinations, accepted by the board as an equivalent examination for licensure purposes.
(4) Successful completion of graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.
(5) Has never been convicted, received adjudication, community supervision, or deferred disposition of any felony offense or any crime related to fraud, violence, sexual violations, or related to the practice of medicine.
(6) Has never had his or her medical license subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to the nonpayment of fees related to a license.
(7) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(8) Is not currently under investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
(9) Is a United States citizen, a national of the United States, or an alien lawfully present in the United States.
(d) A physician who is issued a temporary certificate of qualification under this section shall apply for a certificate of qualification pursuant to Section 34-24-70 within 12 months after the issuance of a temporary certificate of qualification.

(1) A temporary certificate of qualification issued under subsection (a) shall expire 12 months after the date of issuance if an application for a certificate of qualification pursuant to Section 34-24-70 is not received by the board.
(2) A physician who applies for a certificate of qualification pursuant to Section 34-24-70 and the rules adopted by the board within 12 months after issuance of a temporary certificate of qualification may practice medicine under a license issued by the commission under this section until such time as the application is acted upon by the board and the Medical Licensure Commission.
(e) The State Board of Medical Examiners and the Medical Licensure Commission may each adopt rules to implement this section and to permit the expedited processing of applications for a temporary certificate of qualification and medical license.
(f) A temporary certificate of qualification and license shall clearly indicate that it is a temporary certificate or license for military service members or their spouses.
(g) Any physician issued a temporary license under this section shall be subject to having his or her license suspended or revoked by the Medical Licensure Commission for the same causes or reasons, and in the same manner, as provided by law for other physicians licensed pursuant to this chapter.
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