Alabama Administrative Code › Title 930 - ALABAMA STATE BOARD OF VETERINARY MEDICINE › Chapter 930-X-1 - GENERAL RULES › Section 930-X-1-.26 - Proceedings In Which A Licensee Is Declared To Be Incompetent Or Is Alleged To Be Incapacitated

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Where a licensee has been judicially declared incompetent or has been
			 voluntarily confined by judicial action on the grounds of incompetency or
			 disability, the Board, upon proper proof of the fact, shall enter an order
			 transferring such licensee to disability inactive status. A copy of such order
			 shall be served upon such licensee and his or her guardian, if any, and, if he
			 or she has been committed to an institution, upon the director of such
			 institution, in such manner as the Board may direct.
(2) Whenever a petition shall be filed to
			 determine whether a licensee who is engaged in the practice of veterinary
			 medicine, veterinary technology or euthanasia technology is incapacitated from
			 continuing the practice of veterinary medicine, veterinary technology or
			 euthanasia technology by reason of mental or physical infirmity or illness or
			 because of addiction to drugs or intoxicants, such petition shall be referred
			 to the Board. The Board shall provide for notice to the respondent of any
			 proceedings in the matter and may appoint an attorney to represent the
			 respondent if he or she is without adequate representation. The Board may take
			 or direct such action as it deems necessary or proper to determine whether the
			 licensee is so incapacitated, including the examination of the licensee by such
			 qualified medical experts as the Board shall designate. If, upon due
			 consideration of the matter, the Board concludes that the licensee is
			 incapacitated from continuing to practice veterinary medicine, veterinary
			 technology or euthanasia technology, it shall enter an order transferring him
			 or her to disability inactive status on the ground of such disability. Any
			 pending disciplinary proceeding against the veterinary shall be held in
			 abeyance.
(3) If, during the course
			 of a disciplinary proceeding, the respondent contends that he or she is
			 suffering from a disability by reason of mental or physical infirmity, illness,
			 or addiction to drugs or intoxicants which makes it impossible for the
			 respondent to adequately defend himself or herself, the Board thereupon may in
			 its discretion enter an order transferring the respondent to disability
			 inactive status until a determination is made of the respondent's capacity to
			 continue to practice veterinary medicine, veterinary technology or euthanasia
			 technology in a proceeding started in accordance with the provisions of (2)
			 above. If the Board shall determine that the respondent is not incapacitated
			 from practicing veterinary medicine, veterinary technology or euthanasia
			 technology, it shall take such action as it deems proper and advisable,
			 including a direction for the resumption of the disciplinary proceeding against
			 the respondent.
(4) No licensee
			 transferred to disability inactive status under this rule may resume active
			 status until reinstated by order of the Board. Any licensee transferred to
			 disability inactive status under this rule shall be entitled to petition for
			 reinstatement to active status once a year or at such shorter intervals as the
			 Board may direct in the order transferring the respondent to disability
			 inactive status or any modification thereof. Such petition shall be granted
			 upon a showing by clear and convincing evidence that the licensee's disability
			 has been removed and that he or she is fit to resume the practice of veterinary
			 medicine, veterinary technology or euthanasia technology. Upon such
			 application, the Board may take or direct such action as it deems necessary or
			 proper to a determination of whether the licensee's disability has been
			 removed, including a direction for an examination of the licensee by such
			 qualified medical experts as the Board shall designate. At its discretion, the
			 Board may direct that the expense of such examination shall be paid by the
			 licensee, and that the licensee establish proof of competence and learning in
			 veterinary medicine, veterinary technology or euthanasia technology, which
			 proof may include certification by the Board of his or her successful
			 completion of an examination for admission to practice.
(5) If a licensee has been transferred to
			 disability inactive status by an order in accordance with the provision of (1)
			 above and, thereafter, has been judicially declared to be competent, the Board
			 may dispense with further evidence that his or her disability has been removed
			 and may direct his or her reinstatement to active status upon such terms as are
			 deemed proper and advisable.
(6) In
			 a proceeding seeking to transfer a licensee to disability inactive status under
			 this rule, the burden of proof shall rest with the petitioner. In a proceeding
			 seeking an order of reinstatement to active status under this rule, the burden
			 of proof shall rest with the licensee seeking active status.
(7) The filing of a petition for
			 reinstatement to active status by a licensee transferred to disability inactive
			 status because of disability shall be deemed to constitute a waiver of any
			 doctor-patient privilege with respect to any treatment of the licensee during
			 the period of his or her disability. The licensee shall be required to disclose
			 the name of every psychiatrist, psychologist, physician and hospital or other
			 institution by whom or in which the licensee has been examined or treated since
			 his or her transfer to disability inactive status, and he or she shall furnish
			 the Board written consent to each to divulge such information.
Author:
Alabama State Board of Veterinary
				  Medical Examiners
Statutory Authority:
Code of Ala.
				  1975
, §
										34-29-62.