1. (1)       If, after examination of a physician’s registration, and after consideration of any information developed by the Board pursuant to an investigation into the qualifications of the physician for registration, the Board determines that there is probable cause to believe there exist grounds upon which the registration may be denied, the Board shall take the following actions:
2. (a)       Defer final decision on the registration; and
3. (b)       Notify the physician of the grounds for possible denial of the registration and the procedure for obtaining a hearing before the Board.
4. (2)       The failure to request a hearing within the time specified in the notice shall be deemed a waiver of such hearing.
5. (3)       If requested by the physician, a hearing shall be set before the Board on the registration.
6. (4)       In the event that a hearing is not requested, the Board shall take action to approve or deny the registration.
7. (5)       All hearings under this rule shall be conducted in accordance with the Alabama Administrative Procedure Act, Ala. Code §§ 41-22-1 et seq. and Ala. Admin. Code Chapter 540-X-6. 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 Ala. Code § 41-22-20. The registering physician shall have the burden of demonstrating to the reasonable satisfaction of the Board that he or she meets all qualifications and requirements for registration to practice office-based surgery.
8. (6)       The Board may deny a registration on the grounds that:
9. (a)       The registering physician does not meet a requirement of this rule;
10. (b)       The registering physician has failed to provide any information required under this rule;
11. (c)        The registering physician, in the opinion of the Board, is not qualified to perform a specific surgery or is not qualified to perform office-based surgery with reasonable skill and safety to his or her patients;
12. (d)       The registering physician has committed any of the acts or offenses constituting grounds to discipline the applicant in this state pursuant to, but not limited to, Ala. Code §§ 16-47-128, 34-24-360, and 34-24-57; or
13. (e)       The registering physician has submitted or caused to be submitted false, misleading, or untruthful information to the Board in connection with his or her application.

Author: Alabama Board of Medical Examiners

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

History: New Rule: Published January 30, 2026; effective March 16, 2026.