§ 34-8A-85 — Confidentiality of Records, Proceedings, Etc

(a) All information, interviews, reports, statements, memorandum, or other documents furnished to or produced by the Alabama Licensed Counselor Wellness Committee and any findings, conclusions, interventions, treatment, or rehabilitation, and related actions of the committee are privileged and confidential and not subject to subpoena or discovery, 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.
(b) All records and proceedings of the committee are confidential and may only be used by the committee and the members of the committee for the specific purposes of the committee.
(c) The committee may only disclose wellness, treatment, or disciplinary information relating to an impaired licensee in the following circumstances:
(1) When essential to further the intervention, treatment, counseling, or rehabilitation needs of the licensee, and then only to those individuals or entities with a need to know.
(2) When the release is authorized in writing by the licensee.
(3) When the committee is required to make a report to the board.
(4) When ordered by a court after an in camera review that the evidence of an impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the evidence is substantially more probative than prejudicial.

Legislative History

(Act 2023-473, §1.)