Alabama 2023 Regular Session

Alabama Senate Bill SB335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB335ENROLLED~~
	1	+	SB335INTRODUCED
2	2		Page 0
3		-	U4M7DG-3
	3	+	U4M7DG-1
4	4		By Senator Hatcher
5	5		RFD: Fiscal Responsibility and Economic Development
6	6		First Read: 18-May-23
7	7		2023 Regular Session
8	8		1
9	9		2
10	10		3
11	11		4
12		-	5 ~~SB335 EnrolledSB335 Enrolled~~
	12	+	5 U4M7DG-1 05/08/2023 KMS (L)cr 2023-1378
13	13		Page 1
14		-	Enrolled, An Act,
	14	+	SYNOPSIS:
	15	+	Under existing law, the Alabama Board of
	16	+	Examiners in Counseling is responsible for licensing
	17	+	and regulating licensed professional counselors and
	18	+	associate licensed counselors.
	19	+	This bill would create and provide for the
	20	+	operation of an Alabama Licensed Counselor Wellness
	21	+	Committee and voluntary wellness program for impaired
	22	+	licensees of the board.
	23	+	A BILL
	24	+	TO BE ENTITLED
	25	+	AN ACT
15	26		Relating to the Alabama Board of Examiners in
16	27		Counseling; to add a new Article 3 to Chapter 8A of Title 34,
17	28		Code of Alabama 1975, to create and provide for the operation
18	29		of an Alabama Licensed Counselor Wellness Committee and
19	30		voluntary treatment program for impaired licensed professional
20	31		counselors and associate licensed counselors.
21	32		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22	33		Section 1. A new Article 3, commencing with Section
23	34		34-8A-80, is added to Chapter 8A, Title 34 of the Code of
24	35		Alabama 1975, to read as follows:
25		-	§34-8A-80
26		-	For the purposes of this article, the following terms
27		-	shall have the following meanings:
28		-	(1) IMPAIRED. An inability to practice counseling with
29		-	reasonable skill and safety to clients by reason of illness,
30		-	inebriation, excessive use of drugs, narcotics, alcohol,
31		-	chemicals, or other substances or as a result of any physical
32		-	or mental condition.
33		-	(2) LICENSEE. A licensed professional counselor or
34		-	associate licensed counselor as defined in Section 34-8A-2.
35		-	§34-8A-81
36		-	(a) The board shall promote the early identification,
37		-	intervention, treatment, and rehabilitation of licensees who
38		-	may be impaired.
39		-	(b) The board may contract with any nonprofit
40	36		1
41	37		2
42	38		3
43	39		4
44	40		5
45	41		6
46	42		7
47	43		8
48	44		9
49	45		10
50	46		11
51	47		12
52	48		13
53	49		14
54	50		15
55	51		16
56	52		17
57	53		18
58	54		19
59	55		20
60	56		21
61	57		22
62	58		23
63	59		24
64	60		25
65	61		26
66	62		27
67		-	28 SB335 ~~EnrolledSB335 Enrolled~~
	63	+	28 SB335 INTRODUCEDSB335 INTRODUCED
68	64		Page 2
	65	+	§34-8A-80
	66	+	For the purposes of this article, the following terms
	67	+	shall have the following meanings:
	68	+	(1) IMPAIRED. An inability to practice counseling with
	69	+	reasonable skill and safety to clients by reason of illness,
	70	+	inebriation, excessive use of drugs, narcotics, alcohol,
	71	+	chemicals, or other substances or as a result of any physical
	72	+	or mental condition.
	73	+	(2) LICENSEE. A licensed professional counselor or
	74	+	associate licensed counselor as defined in Section 34-8A-2.
	75	+	§34-8A-81
	76	+	(a) The board shall promote the early identification,
	77	+	intervention, treatment, and rehabilitation of licensees who
	78	+	may be impaired.
	79	+	(b) The board may contract with any nonprofit
69	80		corporation or medical professional association for the
70	81		purpose of creating, supporting, and maintaining the Alabama
71	82		Licensed Counselor Wellness Committee. The committee shall
72	83		consist of not less than three nor more than nine licensees.
73	84		Committee members shall be appointed by the board for terms of
74	85		three years and shall be eligible for reappointment. The
75	86		board, for just cause, may remove a committee member before
76	87		the expiration of his or her term.
77	88		(c) The board may expend any available funds as
78	89		necessary to cover the operational expenses of the committee
79	90		including, but not limited to, the actual cost of travel,
80	91		office overhead, personnel expenses, and compensation of
81	92		committee members and staff. Funds expended pursuant to this
82		-	subsection are not subject to competitive bid laws.
83		-	§34-8A-82
84		-	The Alabama Licensed Counselor Wellness Program is
85		-	created to develop, maintain, and make available treatment
86		-	programs for all licensees who voluntary seek medical
87		-	intervention, treatment, and rehabilitation for an impairment.
88		-	The program shall operate under the direction of the
89		-	committee.
90		-	§34-8A-83
91		-	The committee may perform all of the following
92		-	functions and duties:
93		-	(1) Receive and evaluate reports of suspected
94		-	impairment from any source, including referrals from the
95		-	board.
96		-	(2) Intervene in the case of a verified impairment.
97	93		29
98	94		30
99	95		31
100	96		32
101	97		33
102	98		34
103	99		35
104	100		36
105	101		37
106	102		38
107	103		39
108	104		40
109	105		41
110	106		42
111	107		43
112	108		44
113	109		45
114	110		46
115	111		47
116	112		48
117	113		49
118	114		50
119	115		51
120	116		52
121	117		53
122	118		54
123	119		55
124		-	56 SB335 ~~EnrolledSB335 Enrolled~~
	120	+	56 SB335 INTRODUCEDSB335 INTRODUCED
125	121		Page 3
	122	+	subsection are not subject to competitive bid laws.
	123	+	§34-8A-82
	124	+	The Alabama Licensed Counselor Wellness Program is
	125	+	created to develop, maintain, and make available treatment
	126	+	programs for all licensees who voluntary seek medical
	127	+	intervention, treatment, and rehabilitation for an impairment.
	128	+	The program shall operate under the direction of the
	129	+	committee.
	130	+	§34-8A-83
	131	+	The committee may perform all of the following
	132	+	functions and duties:
	133	+	(1) Receive and evaluate reports of suspected
	134	+	impairment from any source, including referrals from the
	135	+	board.
	136	+	(2) Intervene in the case of a verified impairment.
126	137		(3) Refer impaired licensees to appropriate treatment
127	138		programs.
128	139		(4) Monitor the treatment and rehabilitation of
129	140		impaired licensees.
130	141		(5) Provide post-treatment monitoring and aftercare
131	142		support for rehabilitated impaired licensees.
132	143		(6) Submit an annual statistical report to the board on
133	144		the activities of the committee in a form approved by the
134	145		board.
135	146		(7) Report to the board any licensee who, in the
136	147		opinion of the committee, satisfies all of the following:
137	148		a. Is unable to continue in the practice of counseling
138	149		with reasonable skill and safety to his or her clients.
139		-	b. Appears to be in need of intervention, treatment, or
140		-	rehabilitation.
141		-	c. Has failed or refused to participate in treatment
142		-	programs or rehabilitation as recommended by the committee.
143		-	(8) Develop outreach and awareness programs that
144		-	promote and publicize the services available through the
145		-	wellness program.
146		-	(9) Upon request of the board, do any of the following:
147		-	a. Develop standards for the evaluation of treatment
148		-	facilities to be used by licensees referred by the committee
149		-	for treatment.
150		-	b. Evaluate and recommend to the board the approval of
151		-	treatment and rehabilitation facilities or programs, or both,
152		-	to be used by licensees referred by the committee for
153		-	treatment.
154	150		57
155	151		58
156	152		59
157	153		60
158	154		61
159	155		62
160	156		63
161	157		64
162	158		65
163	159		66
164	160		67
165	161		68
166	162		69
167	163		70
168	164		71
169	165		72
170	166		73
171	167		74
172	168		75
173	169		76
174	170		77
175	171		78
176	172		79
177	173		80
178	174		81
179	175		82
180	176		83
181		-	84 SB335 ~~EnrolledSB335 Enrolled~~
	177	+	84 SB335 INTRODUCEDSB335 INTRODUCED
182	178		Page 4
	179	+	b. Appears to be in need of intervention, treatment, or
	180	+	rehabilitation.
	181	+	c. Has failed or refused to participate in treatment
	182	+	programs or rehabilitation as recommended by the committee.
	183	+	(8) Develop outreach and awareness programs that
	184	+	promote and publicize the services available through the
	185	+	wellness program.
	186	+	(9) Upon request of the board, do any of the following:
	187	+	a. Develop standards for the evaluation of treatment
	188	+	facilities to be used by licensees referred by the committee
	189	+	for treatment.
	190	+	b. Evaluate and recommend to the board the approval of
	191	+	treatment and rehabilitation facilities or programs, or both,
	192	+	to be used by licensees referred by the committee for
	193	+	treatment.
183	194		(10) Other functions and duties mutually agreed on by
184	195		the committee and the board.
185	196		§34-8A-84
186	197		(a) The wellness program is a confidential non-punitive
187	198		alternative to disciplinary sanction for an impaired licensee
188	199		who voluntarily seeks medical intervention, evaluation,
189	200		treatment, counseling, or rehabilitation for his or her
190	201		impairment.
191	202		(b)(1) A licensee who does all of the following may not
192	203		be reported by the committee to the board for violating
193	204		Section 34-8A-24:
194	205		a. Voluntarily commits to the committee for treatment
195	206		of an impairment.
196		-	b. Successfully completes the recommended course of
197		-	treatment and therapy.
198		-	c. Abides by the terms and conditions of any
199		-	recommended aftercare agreements for the period of time
200		-	specified.
201		-	d. Continues the private practice of counseling with
202		-	reasonable skill and safety and free from impairment.
203		-	(2) A licensee who completes treatment or
204		-	rehabilitation, or both, and aftercare as recommended by the
205		-	committee shall truthfully respond to all inquiries by
206		-	employers, state or federal licensing or regulatory agencies,
207		-	credentialing bodies, courts, malpractice insurance carriers,
208		-	and specialty boards concerning his or her treatment,
209		-	rehabilitation, and aftercare, and the committee shall
210		-	advocate on behalf of and provide support for the licensee
211	207		85
212	208		86
213	209		87
214	210		88
215	211		89
216	212		90
217	213		91
218	214		92
219	215		93
220	216		94
221	217		95
222	218		96
223	219		97
224	220		98
225	221		99
226	222		100
227	223		101
228	224		102
229	225		103
230	226		104
231	227		105
232	228		106
233	229		107
234	230		108
235	231		109
236	232		110
237	233		111
238		-	112 SB335 ~~EnrolledSB335 Enrolled~~
	234	+	112 SB335 INTRODUCEDSB335 INTRODUCED
239	235		Page 5
	236	+	b. Successfully completes the recommended course of
	237	+	treatment and therapy.
	238	+	c. Abides by the terms and conditions of any
	239	+	recommended aftercare agreements for the period of time
	240	+	specified.
	241	+	d. Continues the private practice of counseling with
	242	+	reasonable skill and safety and free from impairment.
	243	+	(2) A licensee who completes treatment or
	244	+	rehabilitation, or both, and aftercare as recommended by the
	245	+	committee shall truthfully respond to all inquiries by
	246	+	employers, state or federal licensing or regulatory agencies,
	247	+	credentialing bodies, courts, malpractice insurance carriers,
	248	+	and specialty boards concerning his or her treatment,
	249	+	rehabilitation, and aftercare, and the committee shall
	250	+	advocate on behalf of and provide support for the licensee
240	251		before those entities.
241	252		(3) A licensee who knows or has reason to know that
242	253		another licensee is impaired, shall report that information to
243	254		the committee. A report to the committee shall be deemed to be
244	255		a report to the board for the purpose of mandatory reporting
245	256		requirements.
246	257		(4) If the board has reasonable cause to believe that a
247	258		licensee is impaired, the board may order an evaluation of the
248	259		licensee by an appropriate medical professional to determine
249	260		if an impairment exists. The committee shall report its
250	261		findings to the board.
251	262		(5) If the board, as a result of an investigation or an
252	263		evaluation, finds that a licensee may be impaired, the board
253		-	may administratively report that finding to the committee and
254		-	request that the licensee be evaluated by an appropriate
255		-	medical professional. The board shall provide information to
256		-	the committee as necessary to perform an intervention and
257		-	evaluation. The committee shall report its findings and
258		-	recommendations to the board and provide follow-up reports
259		-	upon request of the board.
260		-	(6) The committee shall report to the board the name of
261		-	any licensee who the committee believes may be impaired and
262		-	who also satisfies any of the following:
263		-	a. Has failed or refused to follow the recommendations
264		-	of the committee for evaluation, treatment, or rehabilitation.
265		-	b. Has discontinued an evaluation, treatment, or
266		-	rehabilitation against medical advice.
267		-	c. Has failed to abide by the terms and conditions of
268	264		113
269	265		114
270	266		115
271	267		116
272	268		117
273	269		118
274	270		119
275	271		120
276	272		121
277	273		122
278	274		123
279	275		124
280	276		125
281	277		126
282	278		127
283	279		128
284	280		129
285	281		130
286	282		131
287	283		132
288	284		133
289	285		134
290	286		135
291	287		136
292	288		137
293	289		138
294	290		139
295		-	140 SB335 ~~EnrolledSB335 Enrolled~~
	291	+	140 SB335 INTRODUCEDSB335 INTRODUCED
296	292		Page 6
	293	+	may administratively report that finding to the committee and
	294	+	request that the licensee be evaluated by an appropriate
	295	+	medical professional. The board shall provide information to
	296	+	the committee as necessary to perform an intervention and
	297	+	evaluation. The committee shall report its findings and
	298	+	recommendations to the board and provide follow-up reports
	299	+	upon request of the board.
	300	+	(6) The committee shall report to the board the name of
	301	+	any licensee who the committee believes may be impaired and
	302	+	who also satisfies any of the following:
	303	+	a. Has failed or refused to follow the recommendations
	304	+	of the committee for evaluation, treatment, or rehabilitation.
	305	+	b. Has discontinued an evaluation, treatment, or
	306	+	rehabilitation against medical advice.
	307	+	c. Has failed to abide by the terms and conditions of
297	308		an aftercare agreement with the committee.
298	309		d. Whose continuation in practice, in the opinion of
299	310		the committee, constitutes a threat to the safety of his or
300	311		her clients or to the public.
301	312		(7) Any report to the board made by the committee
302	313		pursuant to this section may include reports, evaluations,
303	314		treatment records, medical records, documents, or other
304	315		information relevant to the licensee, unless specifically
305	316		prohibited by federal law, and notwithstanding any state law
306	317		that provides the reports, evaluations, treatment records,
307	318		medical records, documents, or other information are
308	319		confidential or privileged. All reports, evaluations,
309	320		treatment records, medical records, documents, or other
310		-	information received by the board in a committee report
311		-	submitted pursuant to this subsection is privileged and
312		-	confidential and shall not be a public record nor available
313		-	for court subpoena or for discovery proceedings, unless the
314		-	impaired licensee's impairment was the conduct at issue in a
315		-	civil or criminal action and the court determines through an
316		-	in camera review that the evidence of the licensee's
317		-	impairment is substantially more probative than prejudicial.
318		-	Such information may be used by the board in the course of its
319		-	investigations and may be introduced as evidence in
320		-	administrative hearings conducted by the board. Records
321		-	otherwise available from original sources may not be construed
322		-	as immune from discovery or use in any civil proceeding merely
323		-	because the records were presented during a proceeding of the
324		-	committee.
325	321		141
326	322		142
327	323		143
328	324		144
329	325		145
330	326		146
331	327		147
332	328		148
333	329		149
334	330		150
335	331		151
336	332		152
337	333		153
338	334		154
339	335		155
340	336		156
341	337		157
342	338		158
343	339		159
344	340		160
345	341		161
346	342		162
347	343		163
348	344		164
349	345		165
350	346		166
351	347		167
352		-	168 SB335 ~~EnrolledSB335 Enrolled~~
	348	+	168 SB335 INTRODUCEDSB335 INTRODUCED
353	349		Page 7
	350	+	information received by the board in a committee report
	351	+	submitted pursuant to this subsection is privileged and
	352	+	confidential and shall not be a public record nor available
	353	+	for court subpoena or for discovery proceedings, and may be
	354	+	used by the board in the course of its investigations and may
	355	+	be introduced as evidence in administrative hearings conducted
	356	+	by the board.
354	357		(8) A licensee may be disciplined or sanctioned by the
355	358		board with a voluntary or involuntary restriction on his or
356	359		her license to practice counseling, which requires the
357	360		licensee to enter into and comply with an aftercare agreement
358	361		proposed by the committee. The committee shall report to the
359	362		board any violation or deviation by the licensee of the terms
360	363		and conditions of his or her aftercare agreement.
361	364		§34-8A-85
362	365		(a) All information, interviews, reports, statements,
363	366		memorandum, or other documents furnished to or produced by the
364	367		committee and any findings, conclusions, interventions,
365	368		treatment, or rehabilitation, and related actions of the
366	369		committee are privileged and confidential and not subject to
367		-	subpoena or discovery, unless the impaired licensee's
368		-	impairment was the conduct at issue in a civil or criminal
369		-	action and the court determines through an in camera review
370		-	that the evidence of the licensee's impairment is
371		-	substantially more probative than prejudicial.
	370	+	subpoena or discovery.
372	371		(b) All records and proceedings of the committee are
373	372		confidential and may only be used by the committee and the
374	373		members of the committee for the specific purposes of the
375	374		committee.
376	375		(c) The committee may only disclose wellness,
377	376		treatment, or disciplinary information relating to an impaired
378	377		licensee in the following circumstances:
379		-	(1) When essential to further the intervention,
380		-	treatment, counseling, or rehabilitation needs of the
381		-	licensee, and then, only to those individuals or entities with
382	378		169
383	379		170
384	380		171
385	381		172
386	382		173
387	383		174
388	384		175
389	385		176
390	386		177
391	387		178
392	388		179
393	389		180
394	390		181
395	391		182
396	392		183
397	393		184
398	394		185
399	395		186
400	396		187
401	397		188
402	398		189
403	399		190
404	400		191
405	401		192
406	402		193
407	403		194
408	404		195
409		-	196 SB335 ~~EnrolledSB335 Enrolled~~
	405	+	196 SB335 INTRODUCEDSB335 INTRODUCED
410	406		Page 8
	407	+	(1) When essential to further the intervention,
	408	+	treatment, counseling, or rehabilitation needs of the
	409	+	licensee, and then, only to those individuals or entities with
411	410		a need to know.
412	411		(2) When the release is authorized in writing by the
413	412		licensee.
414	413		(3) When the committee is required to make a report to
415	414		the board.
416		-	(4) When ordered by a court after an in camera review
417		-	that the evidence of an impaired licensee's impairment was the
418		-	conduct at issue in a civil or criminal action and the
419		-	evidence is substantially more probative than prejudicial.
420	415		§34-8A-86
421	416		Any licensee appointed to serve as a member of the
422	417		committee and any auxiliary personnel, consultants, attorneys,
423	418		or other volunteers or employees of the committee taking any
424	419		action authorized by this article, engaging in the performance
425	420		of any functions or duties on behalf of the committee, or
426	421		participating in any administrative or judicial proceeding
427	422		resulting therefrom, in the performance and operation thereof,
428	423		shall be immune from any liability, civil or criminal, that
429		-	might otherwise be incurred or imposed while acting within the
430		-	scope of his or her duties as a committee member. Any
431		-	nonprofit corporation or medical professional association or
432		-	state or county medical association that contracts with or
433		-	receives funds from the board for the creation, support, and
434		-	operation of the committee, in so doing, shall be immune from
435		-	any liability, civil or criminal, that might otherwise be
436		-	incurred or imposed while acting within the scope of his or
437		-	her duties as a committee member.
	424	+	might otherwise be incurred or imposed. Any nonprofit
	425	+	corporation or medical professional association or state or
	426	+	county medical association that contracts with or receives
	427	+	funds from the board for the creation, support, and operation
	428	+	of the committee, in so doing, shall be immune from any
	429	+	liability, civil or criminal, that might otherwise be incurred
	430	+	or imposed.
438	431		Section 2. This act shall become effective on the first
	432	+	day of the third month following its passage and approval by
	433	+	the Governor, or its otherwise becoming law.
439	434		197
440	435		198
441	436		199
442	437		200
443	438		201
444	439		202
445	440		203
446	441		204
447	442		205
448	443		206
449	444		207
450	445		208
451	446		209
452	447		210
453	448		211
454	449		212
455	450		213
456	451		214
457	452		215
458	453		216
459	454		217
460	455		218
461	456		219
462	457		220
463	458		221
464	459		222
465	460		223
466		-	224 SB335 EnrolledSB335 Enrolled
467		-	Page 9
468		-	day of the third month following its passage and approval by
469		-	the Governor, or its otherwise becoming law.
470		-	225
471		-	226 SB335 EnrolledSB335 Enrolled
472		-	Page 10
473		-	________________________________________________
474		-	President and Presiding Officer of the Senate
475		-	________________________________________________
476		-	Speaker of the House of Representatives
477		-	SB335
478		-	Senate 01-Jun-23
479		-	I hereby certify that the within Act originated in and passed
480		-	the Senate, as amended.
481		-	Patrick Harris,
482		-	Secretary.
483		-	House of Representatives
484		-	Passed: 01-Jun-23
485		-	By: Senator Hatcher
486		-	227
487		-	228
488		-	229
489		-	230
490		-	231
491		-	232
492		-	233
493		-	234
494		-	235
495		-	236
496		-	237
497		-	238
498		-	239
499		-	240
500		-	241
501		-	242
502		-	243
503		-	244
504		-	245
505		-	246
506		-	247
507		-	248
508		-	249
509		-	250
510		-	251
511		-	252
512		-	253
513		-	254
514		-	255