Ala. Admin. Code r. 930-X-1-.26 - Proceedings In Which A Licensee Is Declared To Be Incompetent Or Is Alleged To Be Incapacitated

(1) Where a licensee has been judicially declared incompetent or has been voluntarily confined by judicial action on the grounds of incompetency or disability, the Board, upon proper proof of the fact, shall enter an order transferring such licensee to disability inactive status. A copy of such order shall be served upon such licensee and his or her guardian, if any, and, if he or she has been committed to an institution, upon the director of such institution, in such manner as the Board may direct.

(2) Whenever a petition shall be filed to determine whether a licensee who is engaged in the practice of veterinary medicine, veterinary technology or euthanasia technology is incapacitated from continuing the practice of veterinary medicine, veterinary technology or euthanasia technology by reason of mental or physical infirmity or illness or because of addiction to drugs or intoxicants, such petition shall be referred to the Board. The Board shall provide for notice to the respondent of any proceedings in the matter and may appoint an attorney to represent the respondent if he or she is without adequate representation. The Board may take or direct such action as it deems necessary or proper to determine whether the licensee is so incapacitated, including the examination of the licensee by such qualified medical experts as the Board shall designate. If, upon due consideration of the matter, the Board concludes that the licensee is incapacitated from continuing to practice veterinary medicine, veterinary technology or euthanasia technology, it shall enter an order transferring him or her to disability inactive status on the ground of such disability. Any pending disciplinary proceeding against the veterinary shall be held in abeyance.

(3) If, during the course of a disciplinary proceeding, the respondent contends that he or she is suffering from a disability by reason of mental or physical infirmity, illness, or addiction to drugs or intoxicants which makes it impossible for the respondent to adequately defend himself or herself, the Board thereupon may in its discretion enter an order transferring the respondent to disability inactive status until a determination is made of the respondent's capacity to continue to practice veterinary medicine, veterinary technology or euthanasia technology in a proceeding started in accordance with the provisions of (2) above. If the Board shall determine that the respondent is not incapacitated from practicing veterinary medicine, veterinary technology or euthanasia technology, it shall take such action as it deems proper and advisable, including a direction for the resumption of the disciplinary proceeding against the respondent.

(4) No licensee transferred to disability inactive status under this rule may resume active status until reinstated by order of the Board. Any licensee transferred to disability inactive status under this rule shall be entitled to petition for reinstatement to active status once a year or at such shorter intervals as the Board may direct in the order transferring the respondent to disability inactive status or any modification thereof. Such petition shall be granted upon a showing by clear and convincing evidence that the licensee's disability has been removed and that he or she is fit to resume the practice of veterinary medicine, veterinary technology or euthanasia technology. Upon such application, the Board may take or direct such action as it deems necessary or proper to a determination of whether the licensee's disability has been removed, including a direction for an examination of the licensee by such qualified medical experts as the Board shall designate. At its discretion, the Board may direct that the expense of such examination shall be paid by the licensee, and that the licensee establish proof of competence and learning in veterinary medicine, veterinary technology or euthanasia technology, which proof may include certification by the Board of his or her successful completion of an examination for admission to practice.

(5) If a licensee has been transferred to disability inactive status by an order in accordance with the provision of (1) above and, thereafter, has been judicially declared to be competent, the Board may dispense with further evidence that his or her disability has been removed and may direct his or her reinstatement to active status upon such terms as are deemed proper and advisable.

(6) In a proceeding seeking to transfer a licensee to disability inactive status under this rule, the burden of proof shall rest with the petitioner. In a proceeding seeking an order of reinstatement to active status under this rule, the burden of proof shall rest with the licensee seeking active status.

(7) The filing of a petition for reinstatement to active status by a licensee transferred to disability inactive status because of disability shall be deemed to constitute a waiver of any doctor-patient privilege with respect to any treatment of the licensee during the period of his or her disability. The licensee shall be required to disclose the name of every psychiatrist, psychologist, physician and hospital or other institution by whom or in which the licensee has been examined or treated since his or her transfer to disability inactive status, and he or she shall furnish the Board written consent to each to divulge such information.

Notes

Ala. Admin. Code r. 930-X-1-.26

Repealed and New Rule: Filed December 18, 1997; effective January 22, 1998. Amended: Filed January 10, 2007; effective February 14, 2007.

Author: Alabama State Board of Veterinary Medical Examiners

Statutory Authority: Code of Ala. 1975, § 34-29-62.