(1) Under the provision of Act 2000-453 of
the 2000 Regular Session of the Alabama Legislature, the Alabama Board of
Veterinary Medical Examiners shall have the duty and obligation to promote
early identification, intervention, treatment and rehabilitation of
veterinarians and licensed veterinary technicians 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.
(2) In order to carry out this obligation,
the Board hereby establishes the Alabama Veterinary Professionals Wellness
Committee. The purpose of the committee is to develop, maintain and make
available to all licensed veterinarians and licensed veterinary technicians, a
program to render assistance to impaired veterinarians and licensed veterinary
technicians who voluntarily or involuntarily seek medical intervention,
treatment and rehabilitation for their impairment. The committee shall consist
of not less than nine (9), nor more than fifteen (15) veterinarians or licensed
veterinary technicians licensed to practice in Alabama. The members of the
committee will be appointed by the Board, from a list of candidates submitted
by the Alabama Veterinary Medical Association. The members of the committee
will be eligible for reappointment. The committee initially will consist of 1/3
of the members to serve a one (1) year term, 1/3 of the members to serve a two
(2) year term, and 1/3 of the members to serve a three (3) year term.
Subsequent to the initial appointment procedure, appointments will be made for
three (3) years. Appointments made for vacant positions will be appointed for
the remainder of that term. Members cannot serve more than nine (9) consecutive
years.
(3) The Board is authorized
under the provisions of Act 2000-453 to contract with any non-profit
corporation or medical professional association for the creation, support, and
maintenance of the Alabama Veterinary Professionals Wellness
Committee.
(4) The Board of
Veterinary Medical Examiners may enter into an agreement with a nonprofit
corporation or medical professional association for the Alabama Veterinary
Professionals Wellness Committee to undertake those functions and
responsibilities specified in the agreement which may include any or all of the
following:
(a) Contracting with providers of
treatment programs.
(b) Receiving
and evaluating reports of suspected impairment from any source.
(c) Intervening in cases of verified
impairment.
(d) Referring impaired
veterinarians and licensed veterinary technicians to treatment
programs.
(e) Monitoring the
treatment and rehabilitation of impaired veterinarians and licensed veterinary
technicians.
(f) Providing
post-treatment monitoring and support of rehabilitated impaired veterinarians
and licensed veterinary technicians.
(g) Performing other activities as agreed by
the Board of Veterinary Medical Examiners and the Alabama Veterinary
Professionals Wellness Committee.
(5) The Alabama Veterinary Professionals
Wellness Committee shall develop procedures in consultation with the Board of
Veterinary Medical Examiners for the following:
(a) Periodic reporting of statistical
information regarding impaired veterinarians and licensed veterinary
technicians' program activity.
(b)
Periodic disclosure and joint review of the information as the Board deems
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 this
act.
The Alabama Veterinary Professionals Wellness Committee shall
render an annual report to the State Board of Veterinary Medical Examiners
concerning the operations and proceedings of the committee for the preceding
year.
(6) It is
the purpose and intent of the Board that the Alabama Veterinary Professionals
Wellness Committee be a non-punitive alternative to disciplinary sanction for
impaired veterinarians and licensed veterinary technicians who 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 Veterinary Professionals Wellness Committee in implementing their
duties:
(a) A veterinarian or licensed
veterinary technician 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 veterinary medicine or veterinary technology
with reasonable skill and safety and free from impairment will not be reported
by the committee to the Board unless otherwise provided by the law.
However, a veterinarian or licensed veterinary technician
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 Alabama Veterinary Professionals Wellness
Committee will serve as an advocate on behalf of and lend support to
veterinarians and licensed veterinary technicians participating in programs
sponsored or recommended by the committee before such agencies and
organizations.
(b) Should
the Board as a result of an investigation determine that there is cause to
believe that a veterinarian or licensed veterinary technician is impaired, the
Board may 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 shall
report to the Board the name of any veterinarian or licensed veterinary
technician the committee has reason to believe may be impaired and/or;
1. who has failed or refused to participate
in programs of treatment or rehabilitation recommended by the committee,
or
2. who is in breach of contract
with the committee or 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, or
5. who has failed to honestly disclose
information in accordance with subsection (a) paragraph two of this
section.
(d) A report to
the Alabama Veterinary Professionals Wellness Committee shall be deemed to be a
report to the Board of Veterinary Medical Examiners for the purposes of any
mandated reporting of veterinarian or licensed veterinary technician impairment
otherwise provided by the law.
(7) All information, interviews, reports,
statements, memoranda, or other documents furnished to or produced by the
Alabama Veterinary Professionals Wellness 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 the committee pertaining to the impaired veterinarians and
licensed veterinary technicians shall be confidential and shall be used by the
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.
In the event of a breach of contract between the committee and
the impaired veterinarian or licensed veterinary technician, any and all
records pertaining to the conduct determined to cause the breach of contract
will be disclosed to the regulatory board upon its request for disciplinary
purposes only. Nothing contained herein shall apply to records made in the
regular course of business of a veterinarians and licensed veterinary
technicians 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 Veterinary Professionals Wellness Committee.
(8) In support of the Alabama
Veterinary Professionals Wellness Committee, the Board may expend available
funds as necessary to adequately provide for the operational expenses of the
Alabama Veterinary Professionals Wellness Committee, including but not limited
to the actual cost of travel, office overhead, and personnel expense. The funds
provided by the Board for the purpose of operating expenses shall not be
subject to any provision of law requiring competitive bidding.
(9) Any veterinarian or licensed veterinary
technician licensed in Alabama who shall be duly appointed to serve as a member
of the Alabama Veterinary Professionals Wellness Committee and any auxiliary
personnel, consultants, attorneys, or other volunteers or employees of the
committee taking any action authorized by this act, engaging in the performance
of any 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 veterinary medical association that contracts with or
receives funds from the State Board of Veterinary Medical Examiners for the
creation, support and operation of the Alabama Veterinary Professionals
Wellness Committee shall, in so doing, be immune from any liability, civil or
criminal, that might otherwise be incurred or imposed.
