State Law Concerning the Alabama Physician Health Program
Alabama State Law (Code 34-24-400 thru 406) Passed in 1988 that Created the Opportunity for the Alabama Physician Health Program
Section 34-24-400
Duty of Board of Medical Examiners to promote early treatment, etc., of physicians and osteopaths impaired by illness, inebriation, etc.; Alabama Impaired Physicians Committee; expenses; competitive bidding not required.
It shall be the duty and obligation of the State Board of Medical Examiners to promote the early identification, intervention, treatment and rehabilitation of physicians and osteopaths licensed to practice medicine in the State of Alabama who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or other substances or as a result of any physical or mental condition. For the purposes of this article the term "impaired" shall mean the inability of a physician or osteopath to practice medicine with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or other substances or as a result of any physical or mental condition. In order to carry out this obligation the State Board of Medical Examiners is hereby empowered to contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee of physicians to be designated the Alabama Impaired Physicians Committee. The committee shall consist of not less than three nor more than 15 physicians or osteopaths licensed to practice medicine in the State of Alabama and selected in a manner prescribed by the board. The Board of Medical Examiners is authorized to expend such funds as are available to it as the board shall deem necessary to adequately provide for the operational expenses of the Alabama Impaired Physicians Committee, including but not limited to the actual cost of travel, office overhead and personnel expense, and compensation for the members of the committee and its staff. The funds provided by the board under this section for the purposes stated herein shall not be subject to any provision of law requiring competitive bidding.
Section 34-24-401
Authority of board to contract for Impaired Physicians Committee to undertake certain functions.
The Board of Medical Examiners shall have the authority to enter into an agreement with a nonprofit corporation or medical professional association for the Alabama Impaired Physicians Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) Receiving and evaluating reports of suspected impairment from any source;
(3) Intervening in cases of verified impairment;
(4) Referring impaired physicians to treatment programs;
(5) Monitoring the treatment and rehabilitation of impaired physicians;
(6) Providing post-treatment monitoring and support of rehabilitated impaired physicians; and
(7) Performing such other activities as agreed upon by the Board of Medical Examiners and the Alabama Impaired Physicians Committee.
Section 34-24-402
Procedures for reporting Impaired Physician Program activity and disclosure and joint review of information.
The Alabama Impaired Physicians Committee shall develop procedures in consultation with the Board of Medical Examiners for:
(1) Periodic reporting of statistical information regarding Impaired Physician Program activity;
(2) Periodic disclosure and joint review of such information as the Board of Medical Examiners may deem appropriate regarding reports received, contracts or investigations made and the disposition of each report, provided however, that the committee shall not disclose any personally identifiable information except as provided in Section 34-24-405.
Section 34-24-403
Nonliability of Impaired Physicians Committee, personnel, etc., for actions within scope of function.
Any physician or osteopath licensed to practice medicine in the State of Alabama who shall be duly appointed to serve as a member of the Alabama Impaired Physicians Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this chapter, engaging in the performance of any functions or duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, shall, in the performance and operation thereof, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or state or county medical association that contracts with or receives funds from the State Board of Medical Examiners for the creation, support and operation of the Alabama Impaired Physicians Committee shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
Section 34-24-404
Confidentiality of information, records, and proceedings.
All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the Alabama Impaired Physicians Committee and any findings, conclusions, recommendations or reports resulting from the investigations, interventions, treatment or rehabilitation, or other proceedings of such committee are declared to be privileged and confidential. All records and proceedings of such committee shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper function of the committee and shall not be public records nor available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business of a physician, osteopath, hospital or other health care provider, and information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Impaired Physicians Committee.
Section 34-24-405
Annual report.
It shall be the duty of the Alabama Impaired Physicians Committee to render an annual report to the State Board of Medical Examiners concerning the operations and proceedings of the committee for the preceding year. In addition, the committee shall report to the State Board of Medical Examiners any physician or osteopath who in the opinion of the committee is unable to practice medicine or osteopathy with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or other substances or as a result of any physical or mental condition when it appears that such physician or osteopath is currently in need of intervention, treatment, or rehabilitation and such physician or osteopath has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee. A report to the Alabama Impaired Physicians Committee shall be deemed to be a report to the Board of Medical Examiners for the purposes of any mandated reporting of physician impairment otherwise provided for by the statutes of this state.
Section 34-24-406
Evaluation of physician who is believed to be impaired; report of findings.
If the Board of Medical Examiners has reasonable cause to believe that a physician is impaired, the board may cause an evaluation of such physician to be conducted by the Alabama Impaired Physicians Committee for the purpose of determining if there is an impairment. The Alabama Impaired Physicians Committee shall report the findings of its evaluation to the Board of Medical Examiners.
(Acts 1988, No. 88-536, p. 819.)
Alabama Administrative Code and Rules subsequent to the above Law
540-X-13-.05 Policy Guidelines. It is the purpose and intent of the Board that the Alabama Physician Health Program be a confidential nonpunitive alternative to disciplinary sanction for impaired physicians who voluntarily seek medical intervention, treatment, counseling or rehabilitation for their impairment. To that end, the Board hereby adopts the following policy guidelines to be used by the Alabama Impaired Physicians Committee in implementing the Alabama Physician Health Program:
(a) A physician voluntarily seeking the assistance of the committee for treatment of an impairment who successfully completes the recommended course of treatment and therapy and who continues to abide by the terms and conditions of the committee's after-care agreements for the period of time specified and thereafter continues to practice medicine with reasonable skill and safety and free from impairment will not be reported by the committee to the Board for violation of Code of Ala. 1975, §34-24-360(19). However, a physician participating in programs of treatment and/or rehabilitation and after-care must always truthfully answer all inquiries concerning such treatment made by employers, state or federal licensing and/or regulatory agencies, hospital medical staff credentialing bodies, medical malpractice insurance carriers, and medical specialty Boards. The Impaired Physicians Committee will serve as an advocate on behalf of and lend support to physicians participating in programs sponsored or recommended by the committee before such agencies and organizations. A report by a licensed physician to the Impaired Physicians Committee that such physician has reason to believe that any other licensed physician is impaired, shall be deemed to be a report to the Board of Medical Examiners for the purpose of the mandatory reporting requirements of Code of Ala. 1975, §34-24-361(b).
(b) Should the Board as a result of an investigation determine that there is cause to believe that a physician may be impaired, the Board may administratively report that fact to the committee with a request that the individual be evaluated to determine whether an impairment exists. The Board will make available to the committee such information as is necessary to accomplish an intervention and evaluation. The committee will report its findings and recommendations to the Board and provide follow-up reports upon request.
(c) The committee must report to the Board the name of any physician the committee has reason to believe may be impaired and
1. who has failed or refused to follow the recommendations of the committee for treatment and/or rehabilitation, or
2. who has discontinued such treatment or rehabilitation against medical advice, or
3. who has failed to abide by the terms and conditions of an after-care agreement with the committee, or
4. whose continuation in practice, in the opinion of the committee, constitutes a threat to the safety of his or her patients or to the public.
(d) In any report to the Board of Medical Examiners made pursuant to the requirements of this rule, the committee or its authorized designee may forward to the board any and all reports, evaluations, treatment records, medical records, documents or information relevant to the physician or osteopath upon whom the report is made, unless specifically prohibited by federal law or regulation, notwithstanding any law or regulation of this state declaring that such evaluations, information, treatment records, medical records documents or reports are confidential or privileged. All such information, evaluations, documents, reports, treatment records or medical records received by the board in a report submitted pursuant to this subsection shall be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings but may be used by the board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the board or by the Medical Licensure Commission.
(e) In the case of a physician who is placed under disciplinary sanction by an order of the Board of Medical Examiners or the Medical Licensure Commission or as a result of a voluntary or involuntary restriction on his Certificate of Qualification or license to practice medicine which requires that the physician enter into and comply with an after-care agreement with the committee, then the committee must report to the Board or to the commission, as appropriate, any violation or deviation by the physician of the terms and conditions of his after-care agreement.
* Highlight refers to aspects of the code related to reporting requirements
Article 1 State Licensing Board for Healing Arts.
Article 2 Licenses and Registration Generally.
Article 3 Physicians and Osteopaths.
Division 1 General Provisions.
Section 34-24-50 "Practice of medicine or osteopathy" defined.
Section 34-24-50.1 Definitions. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Section 34-24-51 Practicing medicine or osteopathy without license.
Section 34-24-52 Proceedings to restrain unlawful practice.
Section 34-24-53 Board of Medical Examiners - Powers and duties generally; rules and regulations; quorum; fund to defray litigation costs.
Section 34-24-54 Board of Medical Examiners - Disposition of funds; expenses of board and commission members.
Section 34-24-55 Domestic remedies and emergency services exempted from chapter.
Section 34-24-56 Report of malpractice judgments and settlements - Filing; contents; sanction for failure to make report.
Section 34-24-57 Report of malpractice judgments and settlements — Review; ground for suspension or revocation of license, etc.; notification; failure to comply.
Section 34-24-58 Decisions, opinions, etc., of utilization review committee privileged.
Section 34-24-59 Reporting of physician disciplinary actions.
Section 34-24-60 Confidentiality of records, etc.; authorized release; waiver. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Section 34-24-61 Controlled substance registration certificate; continuing medical education; dismissal of revocation, etc. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Division 2 Certificates of Qualification.
Division 1 General Provisions.
Section 34-24-70 Qualifications of applicants.
Section 34-24-71 Application for examination.
Section 34-24-73 Reciprocity generally.
Section 34-24-74 Nonresident consultants; physician accompanying patient being transported into Alabama for treatment.
Section 34-24-75 Certain certificates issued without examination.
Division 2 Suspension or Revocation.
Article 4 Chiropractors.
Division 1 General Provisions.
Section 34-24-120 "Chiropractic" defined; authority of licensed chiropractor.
Section 34-24-121 Advertising.
Section 34-24-122 Rights and duties of chiropractors.
Section 34-24-123 License required; violation of article; penalties.
Division 2 Board of Chiropractic Examiners.
Section 34-24-140 Board of Chiropractic Examiners - Creation; composition; powers and duties.
Section 34-24-141 Board of Chiropractic Examiners - Membership.
Section 34-24-142 Board of Chiropractic Examiners - Compensation of members.
Section 34-24-143 Disposition of funds received; audit; accounts of secretary-treasurer and executive secretary.
Section 34-24-144 Board of Chiropractic Examiners - Officers; meetings; rules and regulations; bond.
Section 34-24-145 Establishment of preceptorship, etc., authorized; issuance and expiration of limited license; board to establish rules, etc., for implementation of section.
Division 3 Certificates of Qualification.
Section 34-24-160 Application; qualifications of applicant; fee.
Section 34-24-161 Examinations; issuance and replacement of license; identification of office.
Section 34-24-163 Issuance of certificates to persons practicing on January 1, 1960.
Section 34-24-164 License to be recorded with judge of probate.
Section 34-24-165 Renewal, forfeiture, etc., of license; waiver of fees; inactive license.
Section 34-24-166 Refusal, revocation or suspension - Grounds; rules; disciplinary action.
Section 34-24-167 Refusal, revocation or suspension - Notice of hearing; procedure.
Section 34-24-168 Refusal, revocation or suspension — Guidelines for conduct of hearing; settlement by guilty plea.
Section 34-24-170 Costs and fines.
Section 34-24-172 Restoration of license.
Section 34-24-173 Rules of evidence in contested cases.
Section 34-24-174 Form and content of final order.
Section 34-24-175 Appeal from final decision, judicial review.
Section 34-24-176 Reinstatement of license.
Article 5 Physical Therapists.
Division 1 General Provisions.
Section 34-24-190 Short title.
Section 34-24-191 Definitions.
Section 34-24-192 Board of Physical Therapy - Generally.
Section 34-24-193 Board of Physical Therapy - Powers and duties; certification fee; administrative fines.
Section 34-24-194 Complaint charging violation of article; hearing; subpoenas; judicial review of revocation or refusal of license.
Section 34-24-195 Physical Therapist Fund.
Section 34-24-196 Penalties.
Division 2 Registration and Licenses.
Section 34-24-210 Required.
Section 34-24-211 Application; fee.
Section 34-24-212 Examinations.
Section 34-24-213 Issuance of license — Applicants passing examination.
Section 34-24-214 Issuance of license - Without examination.
Section 34-24-215 Temporary licenses.
Section 34-24-216 Renewal of license; continuing education.
Section 34-24-217 Grounds for refusal, suspension or revocation of license.
Article 6 Podiatrists.
Division 1 General Provisions.
Section 34-24-230 Definitions.
Section 34-24-231 False or misleading statements in advertisements.
Section 34-24-232 Grandfather clause.
Section 34-24-233 Exemptions.
Section 34-24-234 Penalties for violations.
Division 2 Board of Podiatry.
Section 34-24-250 Appointment; composition; qualifications of members; terms of office; removal of members; vacancies; one black member required.
Section 34-24-251 Meetings; quorum.
Section 34-24-252 Powers and duties generally.
Section 34-24-253 Compensation of members; disposition of funds realized from fees.
Section 34-24-254 Salary and bond of secretary-treasurer.
Section 34-24-255 Examinations - Required; qualifications of applicant; application; scope; contents; issuance of license; fees.
Section 34-24-256 Examinations — Conduct.
Section 34-24-257 Examinations - Second or subsequent examination.
Section 34-24-258 Deposit and expenditure of funds of the board; bonds of officers; ratification of actions of existing bank account.
Division 3 Licenses.
Section 34-24-270 Practicing podiatry without license; penalty.
Section 34-24-271 License to podiatrist coming to this state; fee.
Section 34-24-272 Special certificate.
Section 34-24-273 Issuance; contents; display by holder.
Section 34-24-275 Renewal; continuing education.
Section 34-24-276 Suspension or revocation; members of board immune from suit.
Article 7 Assistants to Physicians.
Section 34-24-290 Definitions.
Section 34-24-291 Purpose of article.
Section 34-24-292 Services performed by trainees and assistants.
Section 34-24-293 Powers and duties of board.
Section 34-24-294 Injunctive proceedings.
Section 34-24-295 License required.
Section 34-24-296 Practice without license; penalty.
Section 34-24-297 Issuance of license - Requirements.
Section 34-24-298 Issuance of license - Application; approval.
Section 34-24-299 Renewal of license.
Section 34-24-300 Licensing of certified Physician Assistant or Surgeon Assistant.
Section 34-24-301 Temporary licenses.
Section 34-24-302 Denial, suspension, revocation, etc., of license.
Section 34-24-303 Registration with board; application; denial or termination of registration.
Section 34-24-304 Administrative fines for violation of Section 34-24-302, rules or regulations. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Section 34-24-305 Payment of fines, refund. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Article 8 Licensing and Registration of Physicians and Osteopaths.
Division 1 Medical Licensure Commission.
Section 34-24-310 Created; composition; appointment of members; terms of office, etc.; public members appointed.
Section 34-24-311 General authority.
Section 34-24-311.1 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Section 34-24-312 State Board of Medical Examiners to furnish facilities, receive funds, etc.
Section 34-24-313 Employment of investigators, agents, etc., to assist commission; assistance of prosecuting attorneys; consultants.
Division 2 Licenses and Registration Generally.
Section 34-24-330 State Board of Medical Examiners to issue certificate of qualification for each applicant; right of appeal when action unfavorable.
Section 34-24-331 Application for reciprocity to be certified.
Section 34-24-332 New certificate of qualification where license lost or name changed.
Section 34-24-333 Upon certified qualification, commission to issue license; commission to have overall supervision, discretion, etc., in issuance of licenses.
Section 34-24-334 Issuance of license; design, number, fee, etc.
Section 34-24-335 Denial of applications; procedure; no refund of fees.
Section 34-24-336 Continuing medical education.
Section 34-24-337 Certificate of registration; reinstatement of license.
Section 34-24-338 Certificate of registration — Contents; change of address.
Section 34-24-339 Certificate of registration — Not required for retired persons.
Section 34-24-340 Fees to be collected by State Board of Medical Examiners.
Section 34-24-341 Commission to commence actions where persons practicing without license; court jurisdiction; issuance of injunctions.
Section 34-24-342 Construction of article; commission to have exclusive power over licenses; licenses to be filed with county probate judge.
Section 34-24-343 Penalty for violations of article.
Division 3 Suspension or Revocation of Licenses.
Section 34-24-360 Restrictions, etc., on license; grounds.
Section 34-24-360.1 Authority to implement Section 34-24-360.
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
Section 34-24-361.1 Hearings closed; confidentiality of certain records. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
Section 34-24-362 Unlawful to practice when license suspended or revoked; reissue of license.
Section 34-24-363 Witnesses — How subpoenaed and sworn; failure to comply.
Section 34-24-364 Witnesses — Per diem and travel expense.
Section 34-24-365 Witnesses — Depositions.
Section 34-24-366 Vote necessary for suspension or revocation; hearing panels.
Section 34-24-367 Immediate effect of commission order; judicial review; vacation of order by court; venue.
Division 4 Administrative Fines, Reprimands and Restrictions.
Section 34-24-380 Administrative fines for violation of Section 20-2-54, rules or regulations.
Section 34-24-381 Administrative fines for violation of Section 34-24-360, rules or regulations; other penalties.
Section 34-24-382 Disposition of fines; contracts.
Section 34-24-383 Payment of administrative fines prerequisite to renewal of annual certificate; refunds.
Section 34-24-384 Rules and regulations; reimbursement by physician.
Article 9 Rehabilitation of Physicians and Osteopaths.
Section 34-24-400 Duty of Board of Medical Examiners to promote early treatment, etc., of physicians and osteopaths impaired by illness, inebriation, etc.; Alabama Impaired Physicians Committee; expenses; competitive bidding not required.
Section 34-24-401 Authority of board to contract for Impaired Physicians Committee to undertake certain functions.
Section 34-24-402 Procedures for reporting Impaired Physician Program activity and disclosure and joint review of information.
Section 34-24-403 Nonliability of Impaired Physicians Committee, personnel, etc., for actions within scope of function.
Section 34-24-404 Confidentiality of information, records, and proceedings.
Section 34-24-405 Annual report.
Section 34-24-406 Evaluation of physician who is believed to be impaired; report of findings.
Article 10 Licensing the Practice of Medicine and Osteopathy Across State Lines.
Section 34-24-500 Legislative findings and purpose.
Section 34-24-501 Definitions.
Section 34-24-502 Licensure.
Section 34-24-503 Effect of license.
Section 34-24-504 Patient medical records.
Section 34-24-505 Exemptions.
Section 34-24-506 Sanctions.
Section 34-24-507 Reciprocity.
Section 34-24-508 Rule making.
