(l)(a) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceedings of the committee are confidential. All records and proceedings of the committee pertaining to an impaired licensee are confidential and may only be used by the committee and the members of the committee, and are not public records nor available for court subpoena or for discovery proceedings. The committee may not disclose any personally identifiable information except as otherwise allowed under this chapter.

1. (b) In the event of a breach of contract between the committee and an impaired licensee, all records pertaining to the conduct determined to cause breach of contract shall be disclosed to the Board, upon its request, for disciplinary purposes only.
2. (c) This subsection does not apply to records made in the regular course of business of a licensee, and information, documents, or records otherwise available from original sources may not be construed as immune from discovery or used in any civil proceeding merely because they were presented or considered during the proceedings of the committee.

Author: Edwin W. Cook, III, Ph.D.; Brice Johnston; Lori H. Rall

Statutory Authority: Code of Ala. 1975, §§34-26-1, et seq.

History: New Rule: Published December 30, 2021; effective February 13, 2022.