Legal Question in Disability Law in Alaska
Denial of Due Process
I am a recovering alcoholic. I entered an outpatient treatment program 7 years ago, and since that time have been sober. I am a registered nurse, and signed a Memorandum of Agreement with the Nursing Board in the State of Alaska in 1992, completeing the agreement in 1994. I have practiced without restriction since then. I recently completed a Physician Assistant Program, and am now a Certified Physician Assistant. On the application for licensure in Alaska, I answered truthfully questions concerning my MOA and treatment. The Medical board now refuses to grant even temporary licensure (as is available to others)until the full board meets in late May, which is creating severe financial hardship. I have a PA job waiting, pending licensing. What do I do?
3 Answers from Attorneys
alcoholics are not covered
The ADA does not cover drug or alcohol abuse.
Physician assistant seeks solution short of suit
What can you do? Get a copy of the Board's rules and regulations. There should be some provision in there for review of the Board's decision. Follow those procedures. You may want a lawyer to guide you through them and to appear with you at any subsequent hearing.Also, the PA job that you are offered: in what area will you be assisting. I'm looking at how an old condition would affect what you would be doing. At first glance, the Board's ruling seems to bewrong, but I have no clue as to what the criteria are which they use to make these kinds of determinations. What you probably do NOT want to do is run to the courthouse steps. The PA community is still small and you do not want to get on anyone's not-too-oeachy list so early in the game.That is, you do NOT want to look litigious. So do consult the rules and regulations of the administrative board and learn what your rights are under them. Good luck!
Afterthought for physician's assistant
Despite all that I said in my first response to you, you must -- just in case your problem is not resolved to your satisfaction -- you must be aware that there is generally (I don't know what it is in Alaska) a short statute of limitations for bringing a claim for discrimination.Alcohol is recognized in Mass as a handicap. You might weant to consult with an Alaskan atty to learn whether alcoholism is considered a handicap in Alaska. The ADA, which another atty mentioned -- is a federal statute. Most state cognates of that statute do parallel the decisions under ADA, but not always. So you really do want to consult a local atty to learn what the STATE law in your state is regarding the status of alcoholism.Good luck!
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