Code of Alabama

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34-24-400
Section 34-24-400 Identification, treatment, etc., of impaired physicians; Alabama Physician
Wellness Committee; funding. 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...
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34-24-405
Section 34-24-405 Annual report. (a) It shall be the duty of the Alabama Physician Wellness
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. (b) 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. In any report to the
State Board of Medical Examiners made pursuant to the requirements of this...
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34-24-403
Section 34-24-403 Liability for actions within scope of committee functions. 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 Physician Wellness 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 Physician Wellness Committee shall, in so doing, be...
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34-29-111
Section 34-29-111 Duties of board; Alabama Veterinary Professionals Wellness Committee; liability.
(a) It shall be the duty and obligation of the State Board of Veterinary Medical Examiners
to promote the early identification, intervention, treatment, and rehabilitation of veterinary
professionals licensed to practice veterinary medicine or veterinary technology in 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.
(b) In order to carry out this obligation the State Board of Veterinary Medical Examiners
may contract with any nonprofit corporation or medical professional association for the purpose
of creating, supporting, and maintaining a committee of veterinary professionals to be designated
the Alabama Veterinary Professionals Wellness Committee. The committee shall consist of not
less than 10 nor more than 15 veterinary professionals licensed...
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34-24-402
Section 34-24-402 Reporting and disclosure by Physician Wellness Committee. The Alabama Physician
Wellness 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. (Acts 1988,
No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)...
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34-24-406
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 Physician
Wellness Committee for the purpose of determining if there is an impairment. The Alabama Physician
Wellness Committee shall report the findings of its evaluation to the Board of Medical Examiners.
(Acts 1988, No. 88-536, p. 819, §1; Act 2006-219, p. 376, §1.)...
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34-24-401
Section 34-24-401 Authority of board to contract for Physician Wellness 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
Physician Wellness 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 Physician Wellness Committee....
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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34-24-602
Section 34-24-602 Authority and intent. (a) Authority. The Alabama Board of Medical Examiners
shall have the jurisdiction and authority necessary to carry out the provisions and intent
of this article. (b) Intent. The article is intended to require physicians to register under
the provisions of this article, and to provide the Alabama Board of Medical Examiners the
following powers and duties with respect to all registrants of the Board of Medical Examiners,
in addition to its existing authority as a certifying board pursuant to the Alabama Uniform
Controlled Substances Act: (1) To adopt, amend, and repeal such rules and regulations in accordance
with the Alabama Pain Management Act for the proper administration and enforcement of this
article. (2) To establish rules regarding the registration of all physicians providing pain
management services. (3) To set reasonable registration and renewal fees. (4) To renew registrations
and set renewal and expiration dates and other deadlines. (5)...
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34-24-61
Section 34-24-61 Controlled substance registration certificate; continuing medical education;
dismissal of revocation, etc. (a) The State Board of Medical Examiners, when acting in the
capacity of a certifying board under the Alabama Uniform Controlled Substances Act, Section
20-2-1, et seq., may, within its discretion and for cause, order, and direct that a physician
or osteopath holding a registration certificate successfully complete a course or courses
of continuing medical education on subjects related to the prescribing, dispensing, administering,
or furnishing of controlled substances. The course or courses of continuing medical education
ordered by the board under this section may not exceed 50 credit hours of instruction within
the calendar year in which the order is entered. Failure or refusal to comply with an order
or directive of the board entered pursuant to this section shall constitute grounds, after
notice and hearing, for the suspension of the controlled substance...
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