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

Current through Register Vol. 43, No. 1, October 31, 2024

Section 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.

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

New Rule: Filed May 10, 2007; effective June 14, 2007.

Author: Dr. Fred Wallace

Statutory Authority:Code of Ala., 1975, § 34-22-100 et seq.