Ala. Admin. Code r. 190-X-5-.10

Current through Register Vol. 42, No. 7, April 30, 2024

Section 190-X-5-.10 - Inability To Practice Chiropractic With Reasonable Skill And Safety To Patients

(1)Statement of Policy. The Legislature has declared that a chiropractor or permit holder may be disciplined due to the inability to operate a clinic or practice chiropractic with reasonable skill and safety by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals or any other substance, or as a result of any mental or physical condition.

(2)Board Intervention. It is the duty and obligation of the Board to promote the early identification, intervention, treatment and rehabilitation of chiropractors licensed or permit holders to practice in this State 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. The Board may enter into an agreement pertaining to the areas, functions, or responsibilities set forth in Code of Ala. 1975, Section 34-24-166(g).

(3)Requirement and Criteria for Examination. Every permit holder who accepts the privilege of operating a clinic and every licensee who accepts the privilege of practicing chiropractic in the State of Alabama by actually practicing or by the making and filing of an annual renewal upon a showing of probable cause that the chiropractor or permit holder is not capable of physically or mentally practicing chiropractic or operating a clinic with reasonable skill and safety to patients, shall be deemed to have given consent to submit to a mental, physical or laboratory examination, or any combination thereof, and to waive all objections to the admissibility of the testimony or examination reports of the examining physician on the ground that the reports constitute privileged doctor patient communications.

(4) If there is an issue of whether or not a permit holder or licensee is physically or mentally capable of operating a clinic practicing chiropractic with reasonable skill and safety to patients, upon a showing or probable cause to the Board that the permit holder licensee is not so capable, the Board may order and direct licensee to submit to a physical, mental, or laboratory examination, or any combination thereof, to be performed by a physician designated or approved by the Board. The expense of the examination shall be borne by the licensee who was examined.

Ala. Admin. Code r. 190-X-5-.10

Filed September 30, 1982. Amended: Filed May 22, 1998; effective June 26, 1998. Amended: Filed September 28, 1998; effective November 2, 1998. Repealed and New Rule: Filed November 6, 2003; effective December 11, 2003. Amended: Filed October 17, 2013; effective November 21, 2013.

Author: G. Kuhlmann

Statutory Authority:Code of Ala. 1975, §§ 34-24-144, 34-24-165, 34-24-166(2).