Ala. Admin. Code r. 630-X-14-.03

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

Section 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.

Ala. Admin. Code r. 630-X-14-.03

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.