1. (1) A license, registration, or facility accreditation may be denied, revoked, suspended, reprimanded, for which a civil penalty may be imposed, or a probationary period may be imposed for gross negligence or malpractice, which includes, but is not limited to, the following:

   1. (a) Performing an act or omission constituting gross neglect, such as conduct involving malice, willfulness or wanton and reckless disregard of the rights of others.

   2. (b) Performing an act or omission constituting malpractice such as:

      1. 1. Failing to perform services or provide products with reasonable care, skill, and expedience.
      2. 2. Failing to do that which a person with ordinary prudence would have done under the same or similar circumstances, or doing that which a person or ordinary prudence would not have done under the same or similar circumstances.

Author: Joseph C. Elliott, Glenn Crumpton

Statutory Authority: Code of Ala. 1975, §§34-25A-1-14.

History: New Rule: Filed August 8, 2003; effective September 12, 2003.