SB 104 Summary

• Adds Section 34-24-53.1 to the Code of Alabama 1975, clarifying the Board of Medical Examiners and Medical Licensure Commission's rulemaking authority regarding anti-trust laws.

• Establishes that rules prioritizing patient safety and wellness are permissible even if they are anti-competitive, and immunizes the Board and Commission members from state and federal anti-trust liability for such rules.

• Declares that patient safety and wellness are primary goals of healthcare and that the Board and Commission are best positioned to determine medical practices meeting these objectives.

• Permits rules under Sections 34-24-53 and 34-24-311 to regulate medical and osteopathic practice in ways prioritizing patient safety, provided rules do not conflict with existing statutes defining such practice.

• Becomes effective immediately upon passage and gubernatorial approval, and does not expand or restrict rights or duties beyond those existing prior to the 2015 North Carolina State Board of Dental Examiners v. FTC Supreme Court decision.