§ 34-8A-84 — Disciplinary Sanction Alternatives; Reporting Requirements

(a) The wellness program is a confidential non-punitive alternative to disciplinary sanction for an impaired licensee who voluntarily seeks medical intervention, evaluation, treatment, counseling, or rehabilitation for his or her impairment.
(b)(1) A licensee who does all of the following may not be reported by the Alabama Licensed Counselor Wellness Committee to the board for violating Section 34-8A-24:
a. Voluntarily commits to the committee for treatment of an impairment.
b. Successfully completes the recommended course of treatment and therapy.
c. Abides by the terms and conditions of any recommended aftercare agreements for the period of time specified.
d. Continues the private practice of counseling with reasonable skill and safety and free from impairment.
(2) A licensee who completes treatment or rehabilitation, or both, and aftercare as recommended by the committee shall truthfully respond to all inquiries by employers, state or federal licensing or regulatory agencies, credentialing bodies, courts, malpractice insurance carriers, and specialty boards concerning his or her treatment, rehabilitation, and aftercare, and the committee shall advocate on behalf of and provide support for the licensee before those entities.
(3) A licensee who knows or has reason to know that another licensee is impaired, shall report that information to the committee. A report to the committee shall be deemed to be a report to the board for the purpose of mandatory reporting requirements.
(4) If the board has reasonable cause to believe that a licensee is impaired, the board may order an evaluation of the licensee by an appropriate medical professional to determine if an impairment exists. The committee shall report its findings to the board.
(5) If the board, as a result of an investigation or an evaluation, finds that a licensee may be impaired, the board may administratively report that finding to the committee and request that the licensee be evaluated by an appropriate medical professional. The board shall provide information to the committee as necessary to perform an intervention and evaluation. The committee shall report its findings and recommendations to the board and provide follow-up reports upon request of the board.
(6) The committee shall report to the board the name of any licensee who the committee believes may be impaired and who also satisfies any of the following:
a. Has failed or refused to follow the recommendations of the committee for evaluation, treatment, or rehabilitation.
b. Has discontinued an evaluation, treatment, or rehabilitation against medical advice.
c. Has failed to abide by the terms and conditions of an aftercare agreement with the committee.
d. Whose continuation in practice, in the opinion of the committee, constitutes a threat to the safety of his or her clients or to the public.
(7) Any report to the board made by the committee pursuant to this section may include reports, evaluations, treatment records, medical records, documents, or other information relevant to the licensee, unless specifically prohibited by federal law, and notwithstanding any state law that provides the reports, evaluations, treatment records, medical records, documents, or other information are confidential or privileged. All reports, evaluations, treatment records, medical records, documents, or other information received by the board in a committee report submitted pursuant to this subsection is privileged and confidential and shall not be a public record nor available for court subpoena or for discovery proceedings, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial. Such information 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. Records otherwise available from original sources may not be construed as immune from discovery or use in any civil proceeding merely because the records were presented during a proceeding of the committee.
(8) A licensee may be disciplined or sanctioned by the board with a voluntary or involuntary restriction on his or her license to practice counseling, which requires the licensee to enter into and comply with an aftercare agreement proposed by the committee. The committee shall report to the board any violation or deviation by the licensee of the terms and conditions of his or her aftercare agreement.

Legislative History

(Act 2023-473, §1.)