1. (1) If after examination of the application for registration and after consideration of any information developed by the Board pursuant to an investigation into the qualifications of the anesthesiologist or of the anesthesiologist assistant for registration, the Board determines that there is probable cause to believe there exist grounds upon which the application for registration may be denied, the Board shall take the following actions:

   1. (a) Defer final decision on the application for registration; and
   2. (b) Notify the anesthesiologist and the anesthesiologist assistant of the grounds for possible denial of the application for registration and the procedure for obtaining a hearing before the Board.
2. (2) The failure to request a hearing within the time specified in the notice shall be deemed a waiver of such hearing.
3. (3) If requested by the anesthesiologist or the anesthesiologist assistant, a hearing shall be set before the full Board of Medical Examiners on the application for registration.
4. (4) In the event that a hearing is not requested, the Board shall take action to approve or deny the application for registration.
5. (5) All hearings under this rule shall be conducted in accordance with the Alabama Administrative Procedure Act, §§41-22-1, et. seq., Code of Ala. 1975 and Chapter 6 of the Rules and Regulations of the Board of Medical Examiners. 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 §§41-22-20. The anesthesiologist assistant applicant shall have the burden of demonstrating to the reasonable satisfaction of the Board that he or she meets all qualifications and requirements for registration as an anesthesiologist assistant. The anesthesiologist applying for registration of an anesthesiologist assistant shall have the burden of demonstrating to the reasonable satisfaction of the Board that he or she meets all the requirements of these regulations.

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

Statutory Authority: Code of Ala. 1975, §§34-24-290, et. seq.

Editor’s Note: Previous Rule 540-X-7-.49 was renumbered to .52 as per certification filed September 11, 2008; effective October 16, 2008.

History: Repealed and Replaced: Filed September 21, 1998; effective October 26, 1998. Repealed and Replaced: Filed July 23, 1999; effective August 27, 1999. Amended: Filed November 22, 1999; effective December 27, 1999. Repealed and New Rule: Filed August 22, 2002; effective September 26, 2002. Repealed and New Rule: Filed September 19, 2002; effective October 24, 2002. Amended (Rule Number Only): Filed September 11, 2008; effective October 16, 2008.