Alabama Board of Medical Examiners Newsletter, Vol 19, No. 3, Summer 2004, (4 pages)

Abstract

Newsletter of the Board

Medical Licensure

Commission decision

upheld by Supreme

Court

In a May 14, 2004 unanimous opinion, the Alabama

Supreme Court upheld the decision of the Medical

Licensure Commission of Alabama to revoke the license

to practice medicine of a physician based on unprofession-al

conduct and boundary violations with female patients.

Upholding the decision of the Commission, the Supreme

Court reversed prior decisions of the Montgomery County

Circuit Court and the Alabama Court of Civil Appeals

which had earlier ruled that the Commission’s action was

not supported by substantial evidence.

The Medical Association of the State of Alabama, the

Medical Society of Mobile County and the Alabama

Boards of Dental Examiners, Pharmacy, Chiropractic

Examiners, Nursing and Podiatry filed amicus curiae

briefs with the Alabama Supreme Court in support of the

position of the Medical Licensure Commission.

In its opinion, the Court restated its definition of substan-tial

evidence in administrative agency hearings as “ evi-dence

of such weight and quality that fair- minded persons

in the exercise of impartial judgment can reasonably infer

the existence of the fact sought to be proved.” The Court

examined the testimony of former patients who testified

before the Commission as to the physician’s conduct, and

the testimony of expert witnesses presented by the Board

of Medical Examiners that the physician had crossed well

recognized sexual boundary lines and that without treat-ment

for a sexual disorder, he could not safely practice

medicine and would pose a risk to patients. Based on this

testimony, the Court concluded that the Medical Licensure

Commission had substantial evidence to support the revo-cation

of the physician’s license. In addition, the Court

ruled that the physician’s due process rights were not vio-lated

by the denial of access to the complaining witnesses’

pre- hearing statements when the physician had the oppor-tunity

to take the deposition of all of the Board of Medical

Examiners’ witnesses. Ex parte Medical Licensure

Commission of Alabama ( In Re: Medical Licensure

Commission of Alabama v. Oscar D. Almeida, Jr., Case

No. 1022156, May 14, 2004). ����

Women’s Right to

Know Act

On Friday, June 25, 2004, Judge Albritton entered an

Order for declaratory relief and a permanent injunction

regarding the Women’s Right to Know Act. The order

interprets the meaning of certain key provisions of the

Act, and lifts the preliminary injunction that had prohibit-ed

distribution of certain written materials, forms, and a

video that the Act required the Department to develop for

mandatory use by all abortion providers. Effective July

25, 2004, all abortion providers, not just abortion centers,

will be required to utilize the Department’s materials in

order to be in compliance with the Women’s Right to

Know Act.

The Department’s responsibility under the Act is to pre-pare

and distribute the materials, not to enforce the

requirements of the Act. However, the Department is con-cerned

that physicians not affiliated with licensed abortion

centers may not be fully aware of the requirements of the

Act or of the Order.

Volume 19, Number 3

Summer 2004

see Women’s Right on page two

Women’s Right continued

The materials consist of the “ Did You Know” booklet, the

“ Did You Know” video, the Resource Directory, and two

forms, one of which is the “ Certification of Voluntary and

Informed Consent for Abortion” form, the other is the

“ Medical Emergency Abortion” form. An order form for

the booklet, the video, and the resource directory may be

downloaded from www. adph. org/ providers. Providers are

requested to complete and mail the order form to:

Alabama Department of Public Health, Division of

Provider Services, P. O. Box 303017, Montgomery,

Alabama 36130- 3017. Providers should generally allow

up to three weeks delivery time, although given the short

time frame allowed by the court’s order, the Division of

Provider Services will do its best to expedite services for

these initial orders. Unfortunately, the content of the book-let,

video and resource directory cannot be made available

online due to copyrighted photographs and other issues.

The two forms are available online from the website

address listed herein. There is no charge to the

providers for any of the materials.

Questions from providers about ordering the materials

should go to Dena Donovan at the Division of Provider

Services, ( 334) 206- 5175. ����

Change to contining

medical education

requirement for physi-cian

assistants

On, March 19, 2004, the Alabama Board of Medical

Examiners filed an Emergency Rule with the Legislative

Reference Service of Alabama which amended the

requirements for continuing medical education for

licensed assistants to physicians in Alabama in order to

conform with the continuing medical education require-ment

for licensed physicians.

Emergency Rule 540- X- 7-. 29, effective as of March 19,

2004, states: “ Every physician assistant licensed by the

Board must earn or accrue in each calendar year not less

than twelve ( 12) Category I continuing medical education

as a condition precedent to receiving his annual renewal

of license, unless he is exempt from the minimum contin-uing

medical education requirement . . . Hours of

Category I credit earned in a calendar year which are in

excess of the minimum annual requirement of 12 hours

may be carried forward and accrued to meet the require-ment

for the next calendar year only.” Rule 540- X- 7-. 59

states the same requirement for Anesthesiologist

Assistants.

Assistants to physicians are strongly urged to review the

Rules and Regulations concerning their compliance with

continuing medical education requirements. Failure to

comply with the CME requirements is a ground for disci-pline

of the license of an assistant to physicians. Further

detail can be found at the Board’s web site,

www. albme. org/ cme. htm. ����

Medical Licensure Commission

Public Action Report

March through June 2004

On April 1, 2004, the Commission entered an Order rein-stating

the license to practice medicine in Alabama of

Daryl A. Ellis, M. D., license number MD. 00018084,

Phenix City AL, subject to indefinite probation and strict

compliance with the requirements of orders of the Georgia

Composite State Board of Medical Examiners.

On April 1, 2004, the Commission entered an Order rein-stating

the license to practice medicine in Alabama of

Michael Blane Schilling, M. D., license number

MD. 00015571, Lakewood CO, subject to indefinite proba-tion

and all terms and conditions set forth in the voluntary

restriction on the certificate of qualification for a license

to practice medicine in Alabama entered into on October

1, 2003.

On April 1, 2004, the Commission entered an Order termi-nating

the probationary status of the license to practice

medicine in Alabama of Richard A. Walker, M. D., license

number MD. 00008026, Birmingham AL. Dr. Walker now

has an unrestricted license to practice medicine in

Alabama.

On June 1, 2004, the Commission entered an Order

removing all restrictions previously placed upon the

license to practice medicine in Alabama of Shashank

Patel, M. D., license number MD. 00012628, Grove Hill

AL, and restoring the license to full, unrestricted status. ����

Page 2 Volume 19, Number 3

Board of Medical Examiners

Public Action Report

March through June 2004

On April 21, 2004, the Board accepted the voluntary sur-render

of certificate of qualification and license to practice

medicine in Alabama of Anne K. Campbell, M. D., license

number MD. 00015616, Gadsden AL. Dr. Campbell is no

longer authorized to practice medicine in Alabama.

Based on the Stipulation of the parties entered into on

May 6, 2004, the Board issued a Consent Order on May

20, 2004, which restricts the Alabama Controlled

Substances Certificate of Carlos Forrester, M. D., ACSC

number 20007, Bayou La Batre AL, issues an administra-tive

fine, and requires continuing medical education.

Based on the Stipulation of the parties entered into on

May 10, 2004, the Board issued a Consent Order on May

20, 2004, which issued an administrative fine to Kevin P.

Ryan, M. D., ACSC number 13442, Opelika AL.

On June 23, 2004, the Board accepted the voluntary sur-render

of the certificate of qualification and license to

practice medicine in Alabama of Cris W. Cole, M. D.,

license number MD. 00021122, Mobile AL. Dr. Cole is no

longer authorized to practice medicine in Alabama. ����

Alabama License

Required

The Board of Medical Examiners has become aware of an

increase in the transmission by electronic means of patient

data to physicians located out of the state for the purpose

of rendering a medical opinion concerning the diagnosis

or treatment of a patient located within Alabama. The

Board wants the physicians in the State of Alabama to be

aware of Board guidelines relative to this practice. The

Board became aware of the need to make the Board regu-lations

more commonly understood following discussion

concerning different on- going arrangements. The

American College of Radiology ( ACR) has been a leading

proponent of protecting patient safety in the practice of

offshore interpretation of radiological images. The ACR

presented the following standards to their members.

ACR state offshore radiologists should be licensed in the

state where the image was originally obtained, be creden-tialed

and maintain privileges at the healthcare facility

where the image was obtained and to have appropriate lia-bility

insurance for the state where the exam was obtained.

The Rules of the Alabama Board of Medical Examiners,

Chapter 540- X- 16-. 02( 1)( a), defining the practice of medi-cine

or osteopathy across state lines, and 540- X- 16-. 03,

concerning the license requirement, are explicit, stating:

" The rendering of a written or otherwise documented

medical opinion concerning the diagnosis or treatment of

a patient located within this state by a physician located

outside this state as a result of transmission of individual

patient data by electronic or other means from within this

state to such physician or his or her agent" must be pro-vided

by a physician who has " a current special purpose

license to practice medicine or osteopathy across state

lines . . . or . . . a full, unrestricted and current license

issued under Ala. Code § 34- 24- 334." The Alabama Board

of Medical Examiners will strictly enforce these rules. ����

THINGS YOU

SHOULD KNOW

Physicians and physician/ anesthesiologist assistants are

responsible for knowing about issues which affect their

licenses to practice in Alabama. To assist practitioners,

the Board includes in this newsletter information regard-ing

new rules and laws. In addition, the Board maintains

a web site, www. albme. org, which contains links to all

the current rules and laws pertaining to the practice of

medicine or as an assistant to physicians. Also on the web

site is information concerning continuing medical educa-tion,

malpractice case reporting, registration as a dispens-ing

physician, office- based surgery, closing or leaving a

practice, referrals and fees, professional corporations, laser

hair removal, associations with other licensed practitioners

and controlled substances prescribing. There are also

forms for requesting a retirement waiver from CME

requirements, for registering as a dispensing or office-based

surgery physician, and for CME tracking. Past

quarterly newsletters are also available dating back to

1995.

The Board of Medical Examiners expects physicians and

assistants to physicians to be aware of all rules and

statutes which govern the practice of medicine. The

Board also expects all forms and applications to be filled

out by the physician or assistant to physicians

him/ herself. ����

Summer 2004 Page 3

Alabama Board of Medical Examiners NEWSLETTER is published quarterly for physicians who hold a license to prac-tice

medicine or osteopathy in the state of Alabama. The newsletter is designed to keep the licensed physicians of Alabama updated

as to developments in the regulation of the practice of medicine in this state. The Board welcomes your comments, questions, or

other input.

Larry Dixon, Executive Director, P. O. Box 946, Montgomery, AL 36101- 0946 or call ( 334) 242- 4116 or fax ( 334) 242- 4155. Please

visit our web site: www. albme. org.

CME Calendar

2004

August 6, 2004

The Continuum of Clinical Care for Traumatic Brain Injury

Wynfrey Hotel, Birmingham, AL

Sponsor: UAB School of Medicine, Division of CME

Contact: Phil Klebine @ 205- 934- 3283

Credit: 6 hours Category 1

August 6- 8, 2004

Alabama Society of Otolaryngology Annual Summer Meeting

Grand Sandestin Hotel Baytown, Destin, FL

Contact: Teri Dingler ( 334) 954- 2575

August 13- 15, 2004

25th Annual Postgraduate Course

Sandestin Beach Hilton, Destin, FL

Sponsor: Alabama Society of Allergy, Asthma & Immunology

Contact: Richard Carson ( 334) 954- 2577

CME Credit: 8 hours Category 1

September 18- 21, 2004

21stAnnual Rheumatology on the Beach

Sandestin Beach Hilton, Destin, FL

Sponsor: AL Chapter of the Arthritis Foundation

Contact: Dr. McLain ( 205) 877- 2555

www. rheumatologyonthebeach. com

Credit: 19 hours Category 1

October 8- 9, 2004

16th Annual Infectious Disease Conference and Primary Care

Therapeutics 2004e

Huntsville Hilton, Huntsville, AL

Sponsor: University of Alabama School of Medicine at Huntsville

Contact: Wanda Carter 256- 551- 4490

November 4- 7, 2004

17th Annual Regional Burn Conference

The Wynfrey Hotel, Birmingham, AL

Contact: Vicki Baugh 800- 423- 4992 or www. sma. org

Credit: 20+ hours Category 1

November 11, 2004

Southern Medical Association 98th Annual Scientific Assembly

Hilton New Orleans Riverside Hotel, New Orleans, LA

Contact: 800- 423- 4992 or visit www. sma. org

Credit: Up to 25 hours Category 1

2005

January 26- 29, 2005

30th Annual Conference: Building Bridges to Enhance Performance in

Practice

San Francisco Marriott, San Francisco, CA

Sponsor: Alliance for Continuing Medical Education

Contact: Marissa Green ( 205) 824- 1355

June 16- 18, 2005

2005 Annual Conference – Alabama Chapter, American College of

Surgeons

The Village of Baytowne Whaft, San Destin, FL

Contact: John Hooton ( 205) 776- 2106

CME Credit: 8- 12 hours Category 1