SB302 Alabama 2021 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Session

Regular Session 2021

Title

State Board of Occupational Therapy, board authorized to establish an impaired practitioner program for occupational therapists and occupational therapy assistants, Sec. 34-39-12.1 added; Secs. 34-39-3, 34-39-7 am'd.

Summary

SB302 lets the Alabama State Board of Occupational Therapy create an impaired practitioner program for OTs and OTAs, including a Wellness Committee to identify, treat, and monitor impairment to protect public safety.

What This Bill Does

The bill adds a new section creating an impaired practitioner program that starts January 1, 2022. It authorizes the board to form the Alabama Occupational Therapy Wellness Committee (often through a contract with a nonprofit or medical association) to handle identification, treatment, intervention, referral, and post-treatment monitoring of impaired practitioners, with funding and operational flexibility. It also establishes strict confidentiality and immunity protections for committee work, and requires the board to regulate, oversee, and report on the program, including annual reports to the Governor.

Who It Affects

• Licensed occupational therapists and occupational therapy assistants in Alabama who may be identified as impaired and may be referred to treatment, monitored, or required to participate in rehabilitation efforts.
• The public/patients receiving occupational therapy services, who may benefit from improved safety and quality of care as impaired practitioners are identified and treated, along with strong confidentiality protections for sensitive information.

Key Provisions

• The board shall establish an impaired practitioner program for occupational therapists and occupational therapy assistants, effective January 1, 2022.
• Creation of the Alabama Occupational Therapy Wellness Committee, which may be formed or operated through contracts with nonprofit corporations or medical professional associations; the committee may incur operating expenses and these expenditures are not subject to state competitive bid laws.
• The committee’s duties include contracting with treatment providers, receiving and evaluating reports of suspected impairment, intervening in cases of impairment, referring practitioners to treatment, monitoring rehabilitation, providing post-treatment support, and performing other agreed tasks.
• Procedures for reporting, disclosure, and review of impairment information: periodic reporting, joint review of information, and strict limits on disclosure of personally identifiable information.
• Confidentiality and privilege: all committee records and proceedings related to impairment are privileged and not public; committee personnel and contracting entities are immune from liability for actions taken under the program.
• Board oversight and regulatory framework: the board administers and enforces the chapter, may adopt related rules, and must coordinate with the Board of Medical Examiners for interpreting permissible acts by practitioners.
• Implementation and reporting: the board must notify current practitioners within 90 days of enactment, develop procedures, and provide an annual report to the Governor on the committee’s activities.
• Evaluation authority: if there is reasonable cause to believe a practitioner is impaired, the board may have the committee conduct an evaluation and report findings to the board.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Occupational Therapy, Alabama State Board of