Neither the superintendent nor a physician of a state mental health facility or hospital shall be compelled to attend as a witness to testify as an expert in any case or on any question of insanity or psychological medicine in the state; provided, that he shall certify, in writing, within 10 days after the service of the summons, that his absence from the facility or hospital, in his best judgment, will interfere with his or her professional duties and the welfare of the patients under his care. But defendants in criminal cases and the state by the consent of the defendant and, in civil cases, either party may take the deposition of the superintendent or of any of the physicians as to all matters involving his or their expert opinion when such testimony is admissible.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Chapter 50 - Department of Mental Health; Board of Trustees.
Article 1 - General Provisions.
Section 22-50-1 - Definitions.
Section 22-50-2 - Department - Created; Composition; Divisions; Offices.
Section 22-50-2.1 - Department - Name Changed; Transition Period.
Section 22-50-3 - Department - Disposition of Fees, Receipts and Income.
Section 22-50-4 - Department - Public Corporation.
Section 22-50-5 - Board of Trustees - Membership; Officers; Initial Appointments; Terms.
Section 22-50-6 - Board of Trustees - Subsequent Appointments to Board; Vacancies.
Section 22-50-8 - Board of Trustees - Expenses of Trustees.
Section 22-50-9 - Department - Powers Generally.
Section 22-50-11 - Department - Additional and Cumulative Powers.
Section 22-50-12 - Department - Legal Division.
Section 22-50-13 - Department - Annual Report.
Section 22-50-14 - Department - Requests for Budget Funds.
Section 22-50-15 - Funds for Essential Functions.
Section 22-50-16 - Commissioner of Mental Health.
Section 22-50-18 - Commitment and Release of Incompetents, Etc.
Section 22-50-19 - Judicial Review of Final Order or Decision by Department.
Section 22-50-21 - Police Officers for State Mental Health Facilities or Hospitals.
Section 22-50-23 - Penalties for Violation of Chapter, Etc.
Section 22-50-24 - Repeal of Conflicting Laws; Certain Laws Not Repealed.