SB 335 — Relating to the Alabama Board of Examiners in Counseling; to add a new Article 3 to Chapter 8A of Title 34, Code of Alabama 1975, to create and provide for the operation of an Alabama Licensed Counselor Wellness Committee and voluntary treatment program for impaired licensed professional counselors and associate licensed counselors.

SB335 ENGROSSEDENROLLED U4M7DG-2U4M7DG-3 By Senator Hatcher RFD:

18-May-23 2023 Regular Session Page 0 SB335 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the Alabama Board of Examiners in Counseling;

Page 1 SB335 Engrossed §34-8A-81 (a) The board shall promote the early identification, intervention, treatment, and rehabilitation of licensees who may be impaired.

(b) The board may contract with any nonprofit Page 1 SB335 Enrolled corporation or medical professional association for the purpose of creating, supporting, and maintaining the Alabama Licensed Counselor Wellness Committee.

§34-8A-83 The committee may perform all of the following Page 2 SB335 Engrossed functions and duties:

Page 2 SB335 Enrolled (3) Refer impaired licensees to appropriate treatment programs.

Develop standards for the evaluation of treatment facilities to be used by licensees referred by the committee Page 3 SB335 Engrossed for treatment.

Page 3 SB335 Enrolled (10) Other functions and duties mutually agreed on by the committee and the board.

§34-8A-84 (a) The wellness program is a confidential non-punitive alternative to disciplinary sanction for an impaired licensee 95 who voluntarily seeks medical intervention, evaluation, treatment, counseling, or rehabilitation for his or her impairment.

(b)(1) A licensee who does all of the following may not be reported by the committee to the board for violating 95 Section 34-8A-24:

(2) A licensee who completes treatment or rehabilitation, or both, and aftercare as recommended by the committee shall truthfully respond to all inquiries by Page 4 SB335 Engrossed employers, state or federal licensing or regulatory agencies, credentialing bodies, courts, malpractice insurance carriers, and specialty boards concerning his or her treatment, rehabilitation, and aftercare, and the committee shall advocate on behalf of and provide support for the licensee Page 4 SB335 Enrolled before those entities.

Page 5 SB335 Engrossed a.

Has failed to abide by the terms and conditions of Page 5 SB335 Enrolled an aftercare agreement with the committee.

Such information may be used by the board in the course of its investigations and may be introduced as evidence in Page 6 SB335 Engrossed administrative hearings conducted by the board.

Page 6 SB335 Enrolled (8) A licensee may be disciplined or sanctioned by the board with a voluntary or involuntary restriction on his or her license to practice counseling, which requires the licensee to enter into and comply with an aftercare agreement proposed by the committee.

(c) The committee may only disclose wellness, Page 7 SB335 Engrossed treatment, or disciplinary information relating to an impaired licensee in the following circumstances:

(1) When essential to further the intervention, treatment, counseling, or rehabilitation needs of the licensee, and then, only to those individuals or entities with Page 7 SB335 Enrolled a need to know.

Any nonprofit corporation or medical professional association or state or county medical association that contracts with or receives funds from the board for the creation, support, and Page 8 SB335 Engrossed operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed while acting within the scope of his or her duties as a committee member.

This act shall become effective on the first Page 8 SB335 Enrolled day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Page 9 SB335 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................18-May-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives FiscalSB335 ResponsibilitySenate and01-Jun-23 EconomicI Developmenthereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................24-May-23and onpassed the calendar:Senate, as amended.

amendment Read for the third time and passed ................25-May-23 as amended Yeas 30 Nays 0 Abstains 0 Patrick Harris, Secretary.

PageHouse 10of Representatives Passed:

01-Jun-23 By:

Senator Hatcher Page 10