Phone: (803) 896-4500 Sheridon Spoon April Koon Alex Imgrund
Advice Counsel to the Board
providing legal advice to all Boards, Commissions
and Panels, as well as their administrative staff.
These attorneys do not provide legal advice to
parties outside LLR.
Phone: (803) 896-4500
Approved by the Board: October 21-23, 1996 Board meeting
Service Area: Compliance
Subject: Procedure for responding to requests for immediate reinstatement following temporary suspensions for failure to submit to drug/alcohol screens.
In cases in which a licensee has been temporarily suspended from practice for failure to submit to a random drug/alcohol screen pursuant to Board procedures, the President of the Board may issue an Order of Temporary Reinstatement if, following temporary suspension, the licensee has received a favorable report concerning his fitness to practice after having entered an in-patient substance abuse treatment facility approved by the Board in advance for evaluation as to whether he is addicted to alcohol or other drugs to such a degree as to render him unfit to practice medicine or whether he has sustained a physical or mental disability which renders further practice by him dangerous to the public. This evaluation period shall be for not less than four (4) days and will continue until such time as the attending physician(s) deem appropriate in order for a satisfactory determination to be made as to fitness to the licensee's practice of medicine. During the in-patient evaluation period, the licensee must cooperate fully with the facility's staff and submit to any and all mental or physical examinations of any kind as may be deemed appropriate by the attending physician(s). Upon discharge the attending physician(s) will provide to the Board Administrator a written report concerning whether the licensee is addicted to alcohol or other drugs to such a degree as to render him unfit to practice medicine or whether he has sustained a physical or mental disability which renders further practice by him dangerous to the public. The attending physician(s) will also provide a complete copy of the medical record while the licensee was a patient at the facility. All costs of the evaluation and reports to the Board are to be borne by the licensee.
The Administrator will present the report and records to the President, who, upon examination and his satisfaction, may issue an Order which would temporarily reinstate the license until the time of the next quarterly Board meeting at which time the issues of the licensee's failure to comply, the licensee's possible drug/alcohol usage, and whether the license will be permanently reinstated will be considered.