Alabama Administrative Code Chapter 746-X-1 — Organization, Administration and Procedure

746 Alabama State Board of Prosthetists and Orthotist

Ala. Admin. Code r. 746-X-1-.01 Purpose

The Alabama State Board of Prosthetists and Orthotists was created to protect the public safety, health and welfare by setting standards for licensure in the practice of prosthetics and orthotics. It is also the duty of the Board to ensure that the public is protected from the incompetent practice of prosthetics and orthotics. This purpose is achieved through the establishment of minimum qualifications for entry into the profession, through the issue of licenses, license renewals and through the adoption of rules defining and delineating unlawful conduct, and through swift and effective discipline for those practitioners who violate the applicable laws or rules promulgated there under.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.02 General Description Of Organization And Operation

The Board is an independent agency of the State of Alabama. All costs of operating the Board, including administrative, secretarial, clerical, and investigative, are paid from legislative appropriation of fees collected by the Board. The attorney general and his assistants provide legal services to the Board.

History

• Author: Joseph C. Elliott and Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.03 Officers

(1) Election.

(a) The Board shall, at the first meeting of every other calendar year beginning in 2019, elect a President, Vice President, and a secretary, who shall serve a term of two (2) years or until a successor is elected. A board member may not serve more than two consecutive terms in the office of President, Vice President or secretary.

(2) Officers.

(a) President. The President shall preside at board meetings where he or she is present and perform the duties prescribed for such officer in the most recent edition of Robert’s Rules of Order. The President shall appoint such committees as are necessary for the review and preparation of the Board’s business. The President is designated as agent for the Board for service of legal process upon the Board.

(b) The Vice President shall perform the duties of the President in case of the absence or inability of the President. In case the office of the President becomes vacant, the Vice President shall serve in that position until a successor is elected by the board.

(c) Secretary. The Secretary shall be the keeper of the official seal which shall be adopted by the board and affixed to documents requiring such seal as an indication of board action.

(3) Compensation and Expenses. Board members shall be compensated at the rate of one hundred dollars ($100) per day. Additionally, members of the Board shall be reimbursed according to the Code of Ala. 1975, Title 36 Chapter 7.

(a) Board members may be requested to travel to out of state meetings or conventions clearly related to board business or functions and shall be reimbursed for any expenses for registration, travel, lodging and meals while traveling on official business of the board. Out of state travel in accordance with state law must be pre-approved by the Governor and exclude alcoholic beverages.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003. Amended: Filed April 18, 2018; effective June 2, 2018.

Ala. Admin. Code r. 746-X-1-.04 Employment Of Agents, Etc

The Board may employ investigators, inspectors, attorneys and any other agents and employees and assistants as may from time to time be necessary to bring about and maintain a rigid administration and enforcement of the Prosthetists and Orthotists Practice Act and these rules.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.05 Executive Director

The Board shall employ an Executive Director who shall be responsible for the administration of Board policy. The Executive Director will make available for public inspection and copying, at cost, all rules and written statements of policy used by the Board in the discharge of its duties. All correspondence to the Board, including requests for information and all submissions and other requests, should be made to the Executive Director at the Board’s headquarters as follows:

Executive Director Alabama Board of Prosthetists and Orthotists P.O. Box 1052 Montgomery AL 36101-1052

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.06 Rules Of Order

All proceedings of the Board shall be governed by Roberts’ Rules of Order, in print and circulation at the time of adoption of the rules, except during disciplinary hearings and except where otherwise provided in these rules.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.07 Quorum (Repealed 1/14/10)

(Repealed)

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003. Repealed and New Rule: Filed December 17, 2004; effective January 21, 2005. Repealed: Filed December 10, 2009; effective January 14, 2010.

Ala. Admin. Code r. 746-X-1-.08 Meetings

(1) Meetings may be called by the presiding officer or by a quorum of the Board.

(2) Each member of the Board shall be given at least seven days notice of the time, place, and purpose of any regular or special meeting by the presiding officer or the executive director, unless such notice is waived by the individual member or unless such member is present at the called meeting.

(3) The board shall hold at least one regular meeting and additional meetings as necessary during each year ending on September 30, at those designated times, dates and places as the presiding officer may determine.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.09 Questions Of Procedure And Evidence

The presiding officer of the Board shall, in accordance with these rules, and except as otherwise provided in these rules, rule upon all questions of procedure and, in the event that evidence is taken, on the admissibility of that evidence. The decision of the presiding officer shall be final.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.10 Voting

All votes of the Board shall be governed by Roberts’ Rules of Order, in print and circulation at the time of adoption of the rules, except during disciplinary hearings and except where otherwise provided in these rules.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.11 Use Of Forms

All applications and requests for which the Board has prescribed a form must be made on the prescribed form. Forms used by the Board may be required from the office of the Executive Director. Forms used are found in Appendix A.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.12 Records

(1) “Public Record” for the purpose of these rules means all Board records which are reasonably necessary to record the business and activities required to be done or carried on by the Board so that the status and condition of such business and activities can be known by the public. Records request will be categorized as either Standard records or Time-intensive records. The Board shall acknowledge all requests within two(2) business days of receipt. The board will provide records, granted that all requirements have been met including, but not limited to, form submission and record fees are paid in full. The Board reserves the right to review and/or deny any records request that compromises legally protected information or to which the release of said records would be detrimental to the public.

(a) Standard Records

A Standard Record is designated as a public record that is easily made available to the public with little or no preparation time and with limited redaction needed to withhold legally protected information. No form is required for a standard record request and a response fulfilling or denying the request should be made within fifteen (15) days of receipt. Fees are set by the board and will follow the fees schedule set forth in section (c).

(b) Time-Intensive Records

A Time-Intensive request is designated as a record that would involve more than eight hours of preparation with need for review and redaction with regards to legally protected information. Large record request, broad or vague request shall be granted a response within forty­-five (45)days of receipt. The agency may extend the response time upon written notice to the requester. A record request form is required, and all fees must be paid in full prior to fulfillment of the request.

(c) Fees

Fees are set by the board for all record request types. Document retrieval and preparation fee is $20.00/ hour with a one hour minimum. Per-page fees are $0.50/page in black and white copy. Per page fees will not apply to electronic transferred records. Any actual cost associated with a records request, including but not limited to, postage, mailing envelopes, data storage devices and shipping costs.

(2) Any person wishing to obtain copies of public records may request in writing from the Public Records Coordinator. The board website will make available a form for record request.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003. Amended: Published June 30, 2023; effective August 14, 2023.

Ala. Admin. Code r. 746-X-1-.13 Directory

The Board shall make available a directory listing all persons registered or licensed to practice in Alabama as prosthetists and orthotists or prosthetists and orthotists assistants. Copies of the directory shall be made available from the executive director upon request and payment of the cost of copying, handling and postage, the costs of which will be set from time to time by resolution of the Board.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.

Ala. Admin. Code r. 746-X-1-.14 Declaratory Rulings

(1) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, or with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, or with respect to the meaning and scope of any order of the Board. Such rulings shall be issued provided

(a) The petitioner shows that he/she is substantially affected by the rule in question,

(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination, and

(c) The request arises from an actual question or controversy.

(2) A request for declaratory ruling must be in writing and must specifically state that it is a “request for declaratory ruling.”

(3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Section 11.

History

• Author: Joseph C. Elliott, Glenn Crumpton
• Authority: Code of Ala. 1975, §34-25A-1-14.
• New Rule: Filed December 12, 2002; effective January 16, 2003.