SB239 Alabama 2021 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Co-Sponsors

Greg AlbrittonGerald H. AllenChris ElliottGarlan GudgerSteve LivingstonDel MarshArthur OrrRandy PriceClay ScofieldShay ShelnuttRodger SmithermanLarry StuttsTom WhatleyJack W. Williams

Session

Regular Session 2021

Title

Board of Medical Examiners, membership and duties revised, Medical Licensure Commission abolished, Secs. 34-24-54.1, 34-24-54.2, 34-24-71.1, 34-24-71.2, 34-24-71.3 added; Secs. 34-24-50.1, 34-24-310, 34-24-311, 34-24-311.1, 34-24-312, 34-24-313, 34-24-314, 34-24-330, 34-24-331, 34-24-332, 34-24-333, 34-24-334, 34-24-335, 34-24-338, 34-24-339, 34-24-341, 34-24-342, repealed; Secs. 13A-6-201, 13A-9-21, 27-1-17.1, 34-24-50, 34-24-51, 34-24-52, 34-24-53, 34-24-53.1, 34-24-54, 34-24-56, 34-24-57, 34-24-60, 34-24-70, 34-24-71, 34-24-73, 34-24-75, 34-24-75.1, 34-24-336, 34-24-337, 34-24-340, 34-24-343, 34-24-360, 34-24-360.1, 34-24-361, 34-24-361.1, 34-24-362, 34-24-363, 34-24-365, 34-24-366, 34-24-367, 34-24-381, 34-24-382, 34-24-383, 34-24-384, 34-24-501, 34-24-502, 34-24-503, 34-24-506, 34-24-507, 34-24-508, am'd.

Summary

SB239 would abolish the Medical Licensure Commission, move licensing and discipline to the Board of Medical Examiners, and overhaul Alabama's medical licensure system with a one-step license option and new cross-state licensing rules.

What This Bill Does

It dissolves the Medical Licensure Commission and transfers its authority to the Board of Medical Examiners. It lets the board qualify and license a physician in a single step and authorizes the board to hear contested cases and discipline licensees. It overhauls board governance, requires transparency of expenditures, restricts board conflicts of interest, and creates new tools for investigations and enforcement, including subpoenas and mandatory background checks. It also creates a cross-state “special purpose” license to practice across state lines and a Retired Senior Volunteer Program (RSVP) licensing path for retired physicians, while repealing many existing MEC provisions and updating related rules.

Who It Affects

• Licensed physicians in Alabama, who would experience a streamlined one-step licensure process, new disciplinary procedures, and new reporting requirements for out-of-state judgments or settlements.
• Physician organizations and the Medical Association of Alabama, which would see changes in board governance (no overlapping governmental and non-governmental roles) and potential shifts in influence and funding structures.
• Hospitals, medical schools, teaching clinics, and RSVP programs, which would encounter new endorsement and teaching physician pathways, as well as retiree licensing options and potential cross-state practice facilities.
• Alabama patients and the public, who could benefit from clearer safety-focused rules, more consistent enforcement, and broader access to physicians through cross-state licensing, along with greater transparency about board expenditures.
• State government and the Governor, whose role in appointing board members would shape the board’s composition and oversight.

Key Provisions

• Abolition of the Medical Licensure Commission; all license issuance, revocation, and discipline duties moved to the State Board of Medical Examiners.
• One-step licensure process where the Board of Medical Examiners can qualify and license a physician in a single action.
• Board to hear contested medical license cases and determine license revocation, suspension, or other discipline.
• Replacement of current Board of Medical Examiners membership with seven licensed physicians appointed by the Governor from nominees elected by licensed physicians; eligibility, diversity, and conflict-of-interest rules established; no overlap with non-governmental physician groups.
• Provision that board members cannot be involved in continuing medical education (CME) courses approved or required by the board.
• Requirement for the board to publish all expenditures on its website within 60 days of spending; creation of a special fund for litigation costs and related expenses; per diem and travel reimbursements for board/commission members.
• Creation of Section 34-24-54.1 and 34-24-54.2 granting the board subpoena power, ability to obtain assistance from the Attorney General and prosecutors, and to hire consultants; confidentiality rules for investigative records.
• Immunity provisions in 34-24-53.1 for anti-trust immunity when prioritizing patient safety in rulemaking; limitations and protections clarified.
• New cross-state licensure framework (special purpose license) allowing practice across state lines; criteria include holding a full unrestricted license elsewhere, no prior discipline, and payment of fees; license valid for three years and renewable; requires reporting of disciplinary actions in other states.
• RSVP program (34-24-75.1) enabling fully retired physicians to obtain cost-free certificates to provide outpatient care in free clinics, with strict limits on practice location, 100 hours of service annually, and automatic expiration upon termination of employment; renewal governed by board rules.
• Reciprocity and endorsement provisions (34-24-73) allowing endorsements based on substantially similar licensure requirements in other states, with fees and conditions outlined.
• Expanded reporting and disciplinary provisions for judgments/settlements (34-24-56 and 34-24-57), with review processes to determine possible action against licensees.
• Repeal of numerous MEC sections and modernization of language; formal codification of new definitions and procedures (e.g., 34-24-50 series, 34-24-53.1 immunities).
• Effective dates: Section 2 (governance changes) takes effect immediately; remaining sections become effective January 1, 2022.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Medical Examiners, State Board of