Ala. Admin. Code r. 540-X-25-.06

Current through Register Vol. 42, No. 10, July 31, 2024

Section 540-X-25-.06 - Grounds For Denial Or Revocation Of An Alabama Medical Cannabis Certification Permit

(1) The Board may deny issuance or renewal of or revoke the Alabama Medical Cannabis Certification Permit of a physician who:

(a) Fails to meet or maintain any of the requirements set forth in Code of Ala. 1975, §§ 20-2A-1, et seq., or Ala. Admin. Code R. 540-X-25-.01, et seq.;

(b) Furnishes false, misleading, untruthful, or fraudulent information in connection with an application;

(c) Discloses, or fails to disclose, any controlled substances certificate or registration denial, restriction, or discipline imposed on the applicant, or any disciplinary act against any medical license, any controlled substances certificate of registration, or any DEA registration of the physician;

(d) Has been convicted of, pled guilty to, or entered a plea of nolo contendere to a felony or a criminal offense related to the provision of medical services, fraud, or a drug offense, or is under any state or federal restriction, probation, discipline, investigation, or indictment related to a felony, the provision of medical services, fraud, or a drug offense;

(e) Holds a direct or indirect economic interest in a licensee of the AMCC;

(f) Is guilty of any of the acts or offenses listed in Code of Ala. 1975, § 34-24-360; or

(g) Has violated any rules or regulations of the Board or the Medical Licensure Commission of Alabama.

(2) An applicant who is denied an Alabama Medical Cannabis Certification Permit under this section may petition the Board for reconsideration of the application. Any petition must be filed within thirty (30) days of denial of the permit. Upon receipt of the petition, the Board shall issue the permit or set a hearing thereon. The hearing shall be considered a contested case and shall be governed by the rules on reinstatement hearings in accordance with Ala. Admin. Code R. 540-X-6-.02(1)(b)(3).

Ala. Admin. Code r. 540-X-25-.06

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 06, March 31, 2022, eff. 5/15/2022.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, §§ 34-24-53, 34-24-53.1; Act 2021-450 ( Code of Ala. 1975, §§ 20-2A-1, et. seq.)