1. (1) When the issue is whether an anesthesiologist assistant is physically or mentally capable of practicing as an anesthesiologist assistant with reasonable skill and safety to patients, then, upon a showing of probable cause to the Board that the anesthesiologist assistant is not capable of practicing with reasonable skill and safety to patients, the Board may order and direct the anesthesiologist assistant in question to submit to a physical, mental or laboratory examination or any combination of such examinations to be performed by a physician designated by the Board. The expense of such examination shall be borne by the anesthesiologist assistant who is so examined.
2. (2) Every anesthesiologist assistant licensed to practice as an anesthesiologist assistant in the state of Alabama who accepts the privilege of practicing by actually practicing or by the making and filing of an annual registration to practice shall be deemed to have given consent to submit to a mental, physical or laboratory examination or to any combination of such examinations and to waive all objections to the admissibility of the examining physician’s testimony or examination reports on the ground that they constitute privileged doctor-patient communications.
3. (3) Upon receipt of credible information that an anesthesiologist assistant has been evaluated or has received inpatient or outpatient treatment for any physical, psychiatric or psychological illness or for chemical dependency, drug addiction or alcohol abuse, the Board may order that the anesthesiologist assistant execute and deliver to the Board an authorization and release form directed to each and every facility or treatment provider authorizing and directing the release to the Board of any reports of evaluation, mental or physical, or examination, including psychiatric, psychological, and neuropsychiatric examinations, hospital and treatment provider medical records, reports of laboratory tests for the presence of alcohol or drugs, rehabilitation records and mental competency evaluations. Any and all expenses incurred in the furnishing of the reports, records, or documents which are the subject of an order issued by the Board shall be borne by the anesthesiologist assistant who is the subject of the order.
4. (4) Failure or refusal by the anesthesiologist assistant to comply with an order of the Board directing the execution and delivery to the Board of an authorization and release form as provided in paragraph (3) herein shall constitute grounds for the summary suspension of the anesthesiologist assistant’s license to practice. The suspension shall continue in effect until such time as the anesthesiologist assistant complies with the order of the Board or the order is withdrawn by the Board.
5. (5) All reports, records, and documents released to the Board under the provisions of paragraph (3) herein are privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings, but may be used by the Board in the course of its investigation and may be introduced as evidence in administrative hearings conducted by the Board.

Author: Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§34-24-290, et. seq. and Act No. 08-378.

History: New Rule: Filed October 15, 2008; effective November 19, 2008.