Alabama Administrative Code Chapter 750-X-5A — Alabama Psychology Professionals Wellness Committee

750 Alabama Board of Examiners in Psychology

Ala. Admin. Code r. 750-X-5A-.01 Definitions

(1) As used in this section, the following words have the following meanings:

(a) COMMITEE. The Alabama Psychology Professionals Wellness Committee created under this section.

(b) IMPAIRED or IMPAIRMENT. The inability of a licensed psychologist or licensed psychological technician to practice with reasonable skill and safety by reason of illness, inebriation, substance dependence, excessive use of drugs, narcotics, controlled substances, alcohol, chemicals, or other dependence forming substances, or as a result of any physical or mental condition rendering the licensee unable to meet the standards of his or her profession.

(c) LICENSEE. A professional psychologist or psychological technician licensed under this chapter.

History

• Author: Edwin W. Cook, III, Ph.D.; Brice Johnston; Lori H. Rall
• Authority: Code of Ala. 1975, §§34-26-1, et seq.
• New Rule: Published December 30, 2021; effective February 13, 2022.

Ala. Admin. Code r. 750-X-5A-.02 The Alabama Psychology Professionals Wellness Committee, Established

(1) To promote the early identification, treatment, and rehabilitation of any licensee who may be impaired, there is established the Alabama Psychology Professionals Wellness Committee, effective January 1, 2022, comprised of not less than three (3) nor more than eleven (11) members, which shall be appointed by the Board. The committee shall consist of residents of the State of Alabama and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(a) Members shall be licensed psychologists or psychological technicians whose Alabama licenses are active and in good standing. If individual members are also licensed, or certified, as psychology professionals in any other jurisdiction(s), or province(s), those licenses should also be active and in good standing at the time of appointment and throughout the term.

(b) One (1) member shall be a licensed Alabama psychologist and/or psychological technician designated by the Board as a non-voting member of the Committee.

(c) One (1) member shall be a non-voting, ex officio representative of the contractor described in subsection (2).

(d) Each committee appointment will be for a term of (3) years and may be extended in increments of one (1) year, with a maximum five (5) year term limit.

(e) Notwithstanding the preceding section (d), the initial terms of committee members will be staggered to allow for proper rotation as follows:

1. The first chair of the committee will be appointed for a three-year term;

2. The next member of the committee will be appointed for a two-year term;

3. The next member of the committee will be appointed for a one-year term;

4. To the extent additional members are added to the initial committee, the term lengths in one-year to three-years will be repeated.

(f) As the terms of each of the first three (3) members expire, each new replacement member on the committee will be for a term of three (3) years and may be extended in increments of one (1) year, with a maximum five-year term limit.

(g) For incomplete terms, the Board will appoint a replacement who will finish the unexpired term, and who will then be eligible for two (2) additional two- year terms, with a maximum five-year term limit.

(h) Quorum shall be determined by a majority of voting members. In the event of a tie vote, the Board's designee may vote and break the tie.

(2) In order to assist the committee, the Board shall contract with a nonprofit organization, health professional, or professional association to undertake functions and responsibilities including, but not limited to:

(a) Receiving and evaluating reports of suspected impairment from any source.

(b) Intervening in cases of verified impairment.

(c) Establishing a treatment and monitoring contract between the committee and an impaired licensee.

(d) Contracting with providers of treatment programs.

(e) Referring impaired licensees to treatment programs.

(f) Monitoring the treatment and rehabilitation of impaired licensees.

(g) Providing post-treatment monitoring and support of rehabilitated impaired licensees.

(3) The committee shall report quarterly statistical information to the Board regarding the committee's activity, which may include, but not be limited to,

(a) The number of reports made.

(b) The number of investigations conducted.

(c) The disposition of each report or investigation.

(4) The committee shall report annually to the Board concerning the operations and proceedings of the committee for the preceding year.

(5) The committee shall report to the Board the following:

(a) Any licensee who, in the opinion of the committee, is unable to practice as a psychologist or as a psychological technician with reasonable skill and safety by reason of impairment.

(b) Any licensee who, in the opinion of the committee, is in need of intervention, treatment, or rehabilitation and who has failed or refused to participate in programs of treatment or rehabilitation recommended by the committee.

(6) If the Board has reasonable cause to believe that a licensee is impaired, the Board may require that an evaluation of the licensee be conducted by a designee of the committee for the purposes of determining whether an impairment exists. The committee shall report the findings of its evaluation to the Board.

(7) The Board's executive and/or other clerical staff, investigators, or assistants may assist the committee as might be necessary to carry out the business of the committee.

(8) The authority of the committee shall not supersede the authority of the Board to take disciplinary action against a licensee. Nothing in this section shall limit the authority of the Board to discipline an impaired licensee. If a licensee is impaired and currently in need of intervention, treatment, or rehabilitation, and the licensee is currently participating in a program or rehabilitation recommendation by the committee, then the Board may refrain from taking or continuing disciplinary action against the licensee. If the Board, upon reasonable cause to believe a licensee is impaired, has referred the licensee to committee for evaluation, then the Board may refrain from taking or continuing disciplinary action against the licensee.

(9) A report of the committee shall be deemed to be a report to the Board for the purposes or any mandated reporting or professional psychology impairment otherwise required by law.

History

• Author: Edwin W. Cook, III, Ph.D.; Brice Johnston; Lori H. Rall
• Authority: Code of Ala. 1975, §§34-26-1, et seq.
• New Rule: Published December 30, 2021; effective February 13, 2022.

Ala. Admin. Code r. 750-X-5A-.03 Disposition Of Records Created By The Alabama Psychology Professionals Wellness Committee

(l)(a) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceedings of the committee are confidential. All records and proceedings of the committee pertaining to an impaired licensee are confidential and may only be used by the committee and the members of the committee, and are not public records nor available for court subpoena or for discovery proceedings. The committee may not disclose any personally identifiable information except as otherwise allowed under this chapter.

(b) In the event of a breach of contract between the committee and an impaired licensee, all records pertaining to the conduct determined to cause breach of contract shall be disclosed to the Board, upon its request, for disciplinary purposes only.

(c) This subsection does not apply to records made in the regular course of business of a licensee, and information, documents, or records otherwise available from original sources may not be construed as immune from discovery or used in any civil proceeding merely because they were presented or considered during the proceedings of the committee.

History

• Author: Edwin W. Cook, III, Ph.D.; Brice Johnston; Lori H. Rall
• Authority: Code of Ala. 1975, §§34-26-1, et seq.
• New Rule: Published December 30, 2021; effective February 13, 2022.

Ala. Admin. Code r. 750-X-5A-.04 Funds

The Board may collect funds or expend available funds to adequately provide for the operational expenses of the committee, including, but not limited to, the actual cost of travel, office overhead, personnel expenses, and compensation for the members of the committee and committee staff. The operational expenses of the committee may not include the cost of treatment or rehabilitation programs recommended by the committee to individual licensees. The funds provided by the Board under this section shall not be subject to any competitive bidding law.

History

• Author: Edwin W. Cook, III, Ph.D.; Brice Johnston; Lori H. Rall
• Authority: Code of Ala. 1975, §§34-26-1, et seq.
• New Rule: Published December 30, 2021; effective February 13, 2022.