SB104 Alabama 2016 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Gerald O. Dial
Republican
Session: Regular Session 2016
Title: Medical Examiners, powers and duties of Board of Medical Examiners, rulemaking authority clarified, Sec. 34-24-53.1 added
Summary: This bill adds protections for the Board of Medical Examiners and the Medical Licensure Commission to adopt patient-safety–focused rules that may be anti-competitive, with immunity from anti-trust liability, as long as they don't conflict with existing law.
What This Bill Does
It creates a new section clarifying that the Board and the Commission can regulate medicine with priority on patient safety, even if rules are anti-competitive. It provides immunity from state and federal anti-trust liability for adopting such safety-prioritizing rules. It allows rules to define or regulate medical practice to prioritize safety, but they cannot conflict with existing statutes defining practice, and the act emphasizes it does not widen rights beyond pre-existing limits and takes effect immediately upon approval.

Who It Affects
Board of Medical Examiners and Medical Licensure Commission: granted immunity from anti-trust liability for adopting safety-priority rules and empowered to define/regulate practice with safety emphasis.
Patients and the public: may be affected by safety-prioritizing rules that regulate medical practice, with the boards having broader discretion to prioritize patient safety in rulemaking.

Key Provisions
Adds Section 34-24-53.1 to authorize safety-priority rulemaking by the Board of Medical Examiners and the Medical Licensure Commission, even if rules are anti-competitive.
Immunizes the Board and Commission and their members from state and federal anti-trust liability for rules prioritizing patient safety and wellness.
Allows rules under 34-24-53 and 34-24-311 to define or regulate the practice of medicine or osteopathy to prioritize safety, provided they do not conflict with existing statutes defining practice.
Rules may supplement or clarify statutory definitions but cannot contradict statutes defining the practice.
Affirms that the act does not widen rights or duties beyond what existed prior to the NC Dental Examiners v. FTC decision and becomes effective immediately upon signature.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Medical Examiners, State Board of