Ala. Admin. Code r. 420-2-1-.30

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

Section 420-2-1-.30 - Impaired EMSP

(1) When the OEMS receives evidence of the possible impairment of a licensed EMSP, it will initiate an investigation. The OEMS will consider the facts and circumstances of each case, and may recommend disciplinary action, or may offer entry into a drug, alcohol, or psychiatric rehabilitation program approved by the OEMS.

(2) An individual may be offered entry into a drug, alcohol, or psychiatric rehabilitation program if they meet the following criteria:

(a) The individual has not been found guilty of any crime related to drug or alcohol abuse associated with the incident. Guilty means the individual was found guilty following a trial, or entered a plea of guilty or no contest accompanied by a court's finding of guilt.

(b) The appropriate medical authority has determined that the individual does not present a danger to him or herself, to those around them, or to patients.

(c) The individual has not previously been entered into an approved drug/alcohol, or psychiatric rehabilitation program by the OEMS.

(d) The individual consents to suspend his or her license during the evaluation process and subsequent treatment, if recommended.

(3) An individual who meets the above criteria may regain his or her license if they successfully complete the rehabilitation program, and agree to the following conditions:

(a) Waiver of confidentiality so that the OEMS may access the individual's patient records in the inpatient and/or aftercare program.

(b) Submission of all follow-up treatment reports and drug screening tests to the OEMS for review (submission shall be made by the entity conducting the treatment or drug screening).

(c) Participation in random drug or alcohol screenings, or psychiatric examinations as required by the OEMS or by the entity providing outpatient care.

(4) An individual is in violation of this rule, and subject to immediate disciplinary action if any of the following occur:

(a) The individual does not comply with the OEMS and the approved program's recommendations.

(b) The individual does not complete inpatient and/or outpatient care.

(c) The individual tests positive for drugs or alcohol prior to completing the treatment program.

(d) The individual tests positive on a random drug screen.

(e) The individual is deemed to present a danger to him or herself, to those around them, or to patients.

(5) An emergency medical provider service shall immediately report to the OEMS, in writing, any EMSP who refuses, or tests positive on, any drug screening, including pre-employment screenings.

(6) Emergency medical provider services shall provide immediate notification to the OEMS and written documentation about any EMSP that is or appears to be impaired. Written documentation shall include the employee's name, level of licensure, license number, relevant facts, and drug screening and blood alcohol content results.

(7) An individual who meets the definition of an impaired EMSP or self admits to a drug, alcohol, or psychiatric facility shall provide immediate notification of his or her condition to the OEMS.

(8) An individual who is in violation of this rule and consents to surrender his or her license to avoid adverse licensure action may reapply for licensure no less than 2 years after the surrender was approved and accepted by the Board and only after completing an evaluation and subsequent treatment, if recommended, at an approved drug, alcohol, or psychiatric rehabilitation program. The individual must show sobriety during the program, and a letter of advocacy for relicensure must be sent from the facility to the OEMS.

Ala. Admin. Code r. 420-2-1-.30

New Rule: Filed April 20, 2011; effective May 25, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 06, March 31, 2017, eff. 4/30/2017.

Adopted by Alabama Administrative Monthly Volume XXXVII, Issue No. 05, February 28, 2019, eff. 4/7/2019.

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 07, April 30, 2020, eff. 6/14/2020.

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Rule 420-2-1-.29 was renumbered 420-2-1-.30 as per certification Filed February 20, 2019; effective April 7, 2019.

Authors: William Crawford, M.D.; Jamie Gray

Statutory Authority:Code of Ala. 1975, § 22-18-1, et seq.