Ala. Pattern Jury Instr. (Criminal) 13A-9-21(A)(1) (FRAUDULENT APP TO PRACTICE MEDICINE)

Submitting a False or Fraudulent Application for a

Certificate of Qualification or License to Practice Medicine

The defendant is charged with submitting a false or fraudulent application for a

certificate of qualification or license to practice medicine.

A person commits the crime of submitting a false or fraudulent application for a

certificate of qualification o r license to practice medicine if in connection with the

submission of an application for a certificate of qualification or license to practice

medicine, he/she submits or causes some other person to submit any materially false,

fraudulent or deceptive sta tement in any document connected with the application for

certificate of qualification or a license to practice medicine.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant submitted or caused s ome other person to submit a

materially false, fraudulent or deceptive statement, [describe], in a

document connected with the application for certificate of qualification or a

license to practice medicine, in connection with the submission of an

application for a certificate of qualification or license to practice medicine;

(AND)

(2) The defendant acted [Insert appropriate mens rea element - See Use

Note].

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the ele ments of the offense of submitting a false or fraudulent application for a

certificate of qualification or license to practice medicine, then you shall find the defendant

guilty of submitting a false or fraudulent application for a certificate of qualifica tion or

license to practice medicine.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of the offense of submitting a false or fraudulent application for

a certificate of qualification or license to practice medicine, then you cannot find the

defendant guilty of submitting a false or fraudulent application for a certificate of

qualification or license to practice medicine.

[If lesser-included offenses are included, the Court should instruct on these

offenses at this point.]