(1) A CRNP or CNM may obtain judicial review when adversely affected by any of the following:
- (a) An order of the Board denying an application for a QACSC;
- (b) An order of the Board denying an application for renewal of a QACSC;
- (c) An order of the Board suspending, revoking or restricting a QACSC; or
- (d) An order of the Board denying reinstatement of a QACSC.
- (2) Judicial review of an order of the Board may be obtained by filing a written petition for review with the Circuit Court of Montgomery County in accordance with §41-22-20, Code of Ala. 1975, as amended.
- (3) The following procedures shall take precedence over §41-22-20(c), Code of Ala. 1975, as amended, relating to the issuance of a stay of any order of the Board suspending, revoking or restricting a QACSC. The suspension, revocation or restriction of a QACSC shall be given immediate effect and no stay or supersedeas shall be granted pending judicial review of a decision by the Board to suspend, revoke or restrict a QACSC unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the Board was taken without statutory authority, was arbitrary or capricious or constituted a gross abuse of discretion.
- (4) From the judgment of the Circuit Court, either the Board or the affected party who invoked judicial review may obtain a review of any final judgment of the Circuit Court pursuant to §41-22-21, Code of Ala. 1975, as amended. No security shall be required of the Board.
Author: Alabama Board of Medical Examiners
Statutory Authority: Code of Ala. 1975, §§20-2-250, et. seq.; Act 2013-223
History: New Rule: Filed August 27, 2013; effective October 1, 2013.