(a) All information, interviews, reports, statements, memorandum, or other documents furnished to or produced by the committee and any findings, conclusions, interventions, treatment, or rehabilitation, and related actions of the committee are privileged and confidential and not subject to subpoena or discovery, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial.
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Terms Used In Alabama Code 34-8A-85

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Subpoena: A command to a witness to appear and give testimony.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(b) All records and proceedings of the committee are confidential and may only be used by the committee and the members of the committee for the specific purposes of the committee.
(c) The committee may only disclose wellness, 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 a need to know.
(2) When the release is authorized in writing by the licensee.
(3) When the committee is required to make a report to the board.
(4) When ordered by a court after an in camera review that the evidence of an impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the evidence is substantially more probative than prejudicial.
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