Alabama Administrative Code Chapter 630-X-14 — Impaired Doctor of Optometry Treatment Program

630 Alabama Board of Optometry

Ala. Admin. Code r. 630-X-14-.01 Board Implementation

In implementing the Impaired Doctor of Optometry Treatment Program (“the Program”), the Alabama Board of Optometry may act as a body or through any designated committee or other designee (“the Board”). The Board may also expend such funds as it determines appropriate and reasonably necessary to implement and publicize the program and the provisions of Code of Ala. 1975, Section 34-22-100 et seq.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.02 Self Reporting

The following Rules will apply to doctors of Optometry who voluntarily report an impairment to the Board for the purpose of seeking Board assistance.

(a) It is the purpose and intent of the Board that the Program be a confidential, non-punitive alternative to disciplinary sanction for impaired optometrists who voluntarily seek medical intervention, treatment, counseling or rehabilitation for their impairment.

(b) An optometrist who voluntarily seeks the assistance of the Board 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 Board’s after-care agreements for the period of time specified and thereafter continues to practice optometry with reasonable skill and safety and free from impairment will not be disciplined by the Board for violation of Code of Ala. 1975, Section 34-22-23(5). However, an optometrist 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, and malpractice insurance carriers. In appropriate circumstances and in its sole discretion, the Board will provide information and related assistance to optometrists participating in programs sponsored or recommended by the Board before such agencies and organizations.

(c) An optometrist who voluntarily seeks assistance of the Board in connection with a perceived impairment shall execute all medical and other authorizations and releases necessary for, and requested by, the Board to enable it to receive all medical and other records considered by the Board to be relevant, or potentially relevant, to the said perceived impairment or to treatment related to the perceived impairment.

(d) Any optometrist who has voluntarily sought the assistance of the Board for treatment of a perceived impairment, but

1. who has failed or refused to follow the recommendations of the Board for evaluation, treatment and/or rehabilitation;

2. who has discontinued such treatment or rehabilitation against medical advice;

3. who has failed to abide by the terms and conditions of an after-care agreement with the Board; or

4. whose continuation in practice, in the opinion of the Board, constitutes a threat to the safety or well being of his or her patients or to the public, shall be subject to a complaint of impairment, and the procedures pertaining to such a complaint and any discipline that may arise from such a complaint shall be fully applicable.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.03 Complaint Of Impairment

Should the Board receive a complaint alleging that an optometrist suffers from an impairment as defined in Code of Ala. 1975, Section 34-22-101, the Board shall follow the procedures set forth in Chapter 630-X-3 of these Rules, and shall also adhere to the following procedures.

(a) Upon receiving such a complaint, the Board may require the allegedly impaired optometrist to execute all medical and other authorizations and releases necessary for, and requested by, the Board to enable it to receive all medical and other records considered by the Board to be relevant to the allegations of the complaint. The Board may also issue subpoenas for any such records.

(b) The Board may direct the allegedly impaired optometrist, at his or her own expense, to submit to an evaluation by any health provider, professional association or non-profit corporation as shall be designated by the Board.

(c) Upon a finding of impairment by the Board, it may direct the impaired optometrist to complete such program or programs of treatment, rehabilitation and aftercare as shall be designated by the Board.

(d) In connection with such treatment, rehabilitation and aftercare programs, the Board may also require the impaired optometrist to execute all medical and other authorizations and releases necessary for the Board to receive all medical and other records considered by the Board to be relevant, or potentially relevant, to the impairment or to the said treatment, rehabilitation or aftercare programs.

(e) Any optometrist who fails to submit to, or cooperate with, an evaluation, or who fails to comply with treatment, rehabilitation or aftercare requirements, or fails to otherwise complete any designated treatment, rehabilitation or aftercare program, shall be subject to such limitation, restriction, suspension or revocation of his or her license as the Board may determine appropriate after the conduct of a due process hearing of the kind set forth in Chapter 630-X-3 of these Rules. Should the impaired condition of the optometrist, in the opinion of the Board, constitute an immediate threat to the safety or well being of his or her patients or to the public, the Board may limit, restrict or suspend the optometrist’s license pending the conduct of the said hearing and the rendering of a final decision by the Board.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.04 Confidentiality Of Records

All records of an impaired, or allegedly impaired, optometrist received by the Board in connection with the Program, shall be privileged and confidential, but may be used by the Board in the course of any investigation that may arise and may be introduced as evidence in administrative hearings conducted by the Board and may otherwise be used by the Board in the exercise of the proper function of the Program. Said records shall not be public records and shall not be available by court subpoena or other discovery method from the Board. Nothing contained herein, however, shall preclude a subpoena for, or other discovery with respect to, said records from their original sources.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.05 Monitoring After-Care Agreements

With respect to any optometrist who is required to enter into and comply with an after-care agreement, either as part of a disciplinary sanction or in connection with voluntary participation in the Program, the Board shall establish a mechanism through which it will be informed on a prescribed basis of the progress of the optometrist in complying with the agreement, including of any violation by the optometrist of the terms and conditions of the agreement.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.06 Notice Of Program Requirements

The Board or its designee will provide participants in the Impaired Doctor ofOptometry Treatment Program a written statement outlining program requirements. In addition, all such participants will be provided a copy of these regulations so that the optometrist will understand the importance of complying with all program requirements and the potential consequences of noncompliance. Any optometrist who, as part of his or her participation in the Impaired Doctor of Optometry Treatment Program, enters a treatment or rehabilitation program designated by the Board shall be responsible for ascertaining and complying with all requirements necessary to successfully complete said treatment or rehabilitation program at his or her own expense.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.

Ala. Admin. Code r. 630-X-14-.07 Treatment And Rehabilitation Expense

Any optometrist who, as part of his or her participation in the Impaired Doctor of Optometry Treatment Program, enters a treatment or rehabilitation program designated by the Board shall be responsible for ascertaining and complying with all requirements necessary to successfully complete said treatment or rehabilitation program at his or her own expense.

History

• Author: Dr. Fred Wallace
• Authority: Code of Ala., 1975, §34-22-100 et seq.
• New Rule: Filed May 10, 2007; effective June 14, 2007.