Code of Alabama - Title 22: Health, Mental Health, and Environmental Control - Title 1 - Health and Environmental Control Generally

• Chapter 1 GENERAL PROVISIONS.
• Section 22-1-1 "State Health Department" defined
  For the purposes of this title, the phrase "State Health Department" shall mean the State Board of Health or the State Committee of Public Health,...
• Section 22-1-2 Conflicts between municipal and general health laws
  In the event that any of the provisions of Title 11 of this Code relating to municipal corporations shall be in conflict with any of...
• Section 22-1-3 Control of public health work under county and state boards of health
  No local board of health or other executive body for the exercise of public health functions other than the county board of health shall be...
• Section 22-1-4 Appointment of subordinate officers and employees; control of expenditures
  In the administration of the public health and quarantine laws of the state, the appointment of all subordinate officers and employees shall be made by...
• Section 22-1-5 Salaries of public health dentists
  The State Health Officer shall, under the direction of the State Board of Health and with the approval of the State Personnel Board, fix the...
• Section 22-1-6 Public dispensaries treating communicable diseases
  No public dispensary where communicable diseases are treated or diagnosed shall be conducted or maintained otherwise than in accordance with the regulations provided by the...
• Section 22-1-7 Procedure when county health officer, etc., resisted
  If, in the attempt to perform any duty enjoined by any public health law of the State of Alabama or rule or regulation of the...
• Section 22-1-8 Penalty for violation of health or quarantine law
  Any person who violates any of the health or quarantine laws, except those for which a special penalty is prescribed, shall be guilty of a
• Section 22-1-9 Certain county and local laws unaffected by title
  Nothing in this title shall be so construed as to amend or repeal any state quarantine law or any local public health or quarantine law...
• Section 22-1-11 Making false statement or representation of material fact in claim or application for payments on medical benefits from Medicaid Agency generally; kickbacks, bribes, etc.; exceptions; multiple offenses
  (a) Any person who, with intent to defraud or deceive, makes, or causes to be made or assists in the preparation of any false statement,...
• Section 22-1-12 Cardiac arrest survival
  (a) The Department of Public Health shall establish a comprehensive cardiac arrest survival plan for the training, credentialing, and certification of primary cardiac care providers...
• Section 22-1-13 Breastfeeding children in public or private locations
  A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
• Section 22-1-14 Licensure Freedom Act
  (a) State licensure requirements for physicians, chiropractors, optometrists, and dentists in this state shall be granted based on demonstrated skill and academic competence. Licensure approval...
• Section 22-1-15 Certification card for persons diagnosed with autism spectrum disorder
  (a) Upon the request of a person medically diagnosed with autism spectrum disorder, or the guardian or caregiver of the person, the Alabama Department of...
• Section 22-1-16 Prescribing, dispensing, and administering auto-injectable epinephrine; liability; reports; rulemaking authority
  (a) As used in this section, the following words shall have the following meanings: (1) ADMINISTER. The direct application of an epinephrine auto-injector to the...
• Section 22-1-17 Sale of over-the-counter spectacles
  (a) For the purposes of this section, over-the-counter spectacles means nonprescription, ready-to-wear magnifying spectacles or glasses that contain spherical convex lenses, uniform in each meridian,...
• Section 22-1-18 Autism Spectrum Disorder coverage and reimbursement under Children’s Health Insurance Plan
  In the administration of and provision of benefits for the Children's Health Insurance Plan (ALL Kids), the Alabama Department of Public Health, on and after...
• Chapter 2 STATE HEALTH AUTHORITIES.
• Section 22-2-1 State Board of Health - How constituted
  The Medical Association of the State of Alabama, as constituted under the laws now in force or which hereafter may be in force, is the...
• Section 22-2-2 State Board of Health - Authority and jurisdiction
  The State Board of Health shall have authority and jurisdiction: (1) To exercise general control over the enforcement of the laws relating to public health....
• Section 22-2-3 State Board of Health - Annual report to Governor
  The State Board of Health shall submit to the Governor an annual report of its transactions, in which report recommendations as to needed health legislation...
• Section 22-2-4 State Committee of Public Health - How constituted
  There is hereby created a State Committee of Public Health which shall be composed of 12 members of the board of censors of the Medical...
• Section 22-2-5 State Committee of Public Health - Prerogatives, powers and duties
  Whenever the words "State Board of Health" are used in this title, or in any chapter or subsection thereof, said words shall mean the "State...
• Section 22-2-6 When state committee to act for state board; meetings of state committee
  When the State Board of Health is not in session, the State Committee of Public Health shall act for said board and have and discharge...
• Section 22-2-7 Annual report to Legislature by state committee; requests by same for information
  The State Committee of Public Health and the State Board of Health shall be accountable to the Legislature of Alabama and shall make an annual...
• Section 22-2-8 State Health Officer
  The State Committee of Public Health shall elect an executive officer who shall be a physician licensed in the State of Alabama to be known...
• Section 22-2-9 Council on Dental Health, Council on Animal and Environmental Health, Council on Prevention of Disease and Medical Care and Council on Health Costs, Administration and Organization - Creation; duties; composition; appointment and terms of members
  (a) There are hereby created four councils to be known as: (1) The Council on Dental Health; (2) The Council on Animal and Environmental Health;...
• Section 22-2-10 Council on Dental Health, Council on Animal and Environmental Health, Council on Prevention of Disease and Medical Care and Council on Health Costs, Administration and Organization - Chairmen; vacancies; meetings; quorum; compensation
  Each such council shall select from among its members, by majority vote, a chairman; and the chairman of each such council, by virtue of his...
• Section 22-2-11 Compensation of State Health Department personnel
  Subject to the provisions of the merit system, where applicable, the compensation of all employees, agents or subordinate personnel of the State Health Department shall...
• Section 22-2-12 How salaries, costs, and expenses to be paid
  Except as otherwise provided by law, salaries of all employees and the costs of all supplies and other expenses necessary to make operative the provisions...
• Section 22-2-13 Recovery of expenses by health officer, sheriff, or bond constable
  When an expense has been incurred by any health officer, sheriff or bonded constable in the execution of the duties required by the provisions of...
• Section 22-2-14 Penalty for violation of State Board of Health rules or regulations
  Any person who knowingly violates or fails or refuses to obey or comply with any rule or regulation adopted and promulgated by the State Board...
• Chapter 2A JOINT DRUG PURCHASE PROGRAM FOR CERTAIN STATE AGENICIES.
• Section 22-2A-1 Legislative findings
  The Legislature of Alabama finds that the high cost of pharmaceuticals is a matter of much concern to this state, especially as the cost and...
• Section 22-2A-2 Definitions
  As used in this chapter the following terms shall have the following meanings: (1) MULTI-STATE POOLING INITIATIVE. A group of two or more states working...
• Section 22-2A-3 Program and procedures; exceptions; competitive bidding
  (a) The State Health Officer may develop, maintain, and implement a program and procedures to do the following: (1) Aggregate or negotiate the purchase of...
• Section 22-2A-4 Applicability of chapter
  Notwithstanding any other provision of law to the contrary, pharmaceutical programs as defined herein shall obtain drugs through the program established pursuant to this chapter,...
• Section 22-2A-5 Access to medications by certain clients
  Negotiations pursuant to subdivision (1) of subsection (a) of Section 22-2A-3 shall not restrict access to medications required by clients served by the Department of...
• Section 22-2A-6 Medicaid Agency exempt
  The Medicaid Agency shall be exempt from this chapter.
• Section 22-2A-7 Disposition of funds
  All rebates and savings specifically realized shall be deposited in the General Fund of the state.
• Chapter 3 LOCAL HEALTH AUTHORITIES.
• Section 22-3-1 County boards of health - How constituted
  The boards of censors of county medical societies in affiliation with the Medical Association of the State of Alabama and organized in accordance with the...
• Section 22-3-2 County boards of health - Duties generally
  It shall be the duty of the county boards of health in their respective counties and subject to the supervision and control of the State...
• Section 22-3-3 County boards of health - Authority to receive, hold, etc., money, real estate, etc
  In addition to all other authority now granted them by law, county boards of health are hereby authorized to solicit, receive and hold gifts, devises...
• Section 22-3-4 County health officers - Powers
  The county health officer, elected as provided in Section 22-3-2, shall devote all of his time to official work and shall, under no circumstances, engage...
• Section 22-3-5 County health officers - Duties generally
  It shall be the duty of the county health officer: (1) To exercise, subject to the advice of the county board of health in accordance...
• Section 22-3-6 County health officers - Salary
  The salary of the county health officer shall be fixed by the appropriate merit system, and shall be payable from funds available to the county...
• Section 22-3-7 County health officers - Bond
  The health officer of a county shall enter into bond, with sufficient sureties, payable to the State Health Officer and the judge of probate of...
• Section 22-3-8 County quarantine officers
  There shall be in each county having no health officer a county quarantine officer, who shall be a licensed physician and who shall be appointed...
• Section 22-3-9 Appointment of sanitary officers
  In counties in which there are no health officers, and in counties in which, although there are health officers, adequate provision has not, in the...
• Section 22-3-10 Tax to establish and maintain county health officer and health department
  The county commission of each county shall in its discretion be authorized to levy annually a special county tax, being a part of the general...
• Section 22-3-11 Appropriations by municipalities for public health work
  Each incorporated municipality having a population of 5,000 or more, according to the last federal census, in counties which have provided for a health officer...
• Section 22-3-12 Payment of health department claims, etc., out of county or municipal budgets
  In all counties or municipalities which have provided, or which have aided in providing, a budget out of which the claims, demands and expenses of...
• Chapter 3A ALABAMA PUBLIC HEALTH FINANCE AUTHORITY.
• Section 22-3A-1 Legislative findings and declarations
  The Legislature hereby finds and declares that it is necessary, desirable and in the public interest that additional facilities be made available in this state...
• Section 22-3A-2 Definitions
  The following words and phrases used in this chapter, unless the context clearly indicates otherwise, shall have the following respective meanings: (1) AUTHORITY. The public...
• Section 22-3A-3 Creation of corporation; members
  The State Health Officer, the Governor or his designee, the Director of Finance of the state, the State Treasurer, one member of the state Senate...
• Section 22-3A-4 Application
  To become a corporation, the State Health Officer, the Governor or his designee, the Finance Director of the state, the State Treasurer, the member representing...
• Section 22-3A-5 Certificate of incorporation
  When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a public corporation under the name proposed in the...
• Section 22-3A-6 Members; officers; terms; records; meetings; appointment of Governor's designee
  (a) The applicants named in the application and their respective successors in office shall constitute the members of the authority. The State Health Officer shall...
• Section 22-3A-7 Powers of authority
  The authority shall have the following powers among others specified in this chapter: (1) To have succession by its corporate name until dissolved as provided...
• Section 22-3A-8 Issuance of bonds
  For the purposes of acquiring, constructing, installing and equipping public health facilities, the authority is hereby authorized to issue and sell from time to time...
• Section 22-3A-9 Form of bonds; redemption option
  The bonds, which may be issued in one or more series, shall be in such forms and denominations and of such tenor and maturities, shall,...
• Section 22-3A-10 Authentication of bonds
  The bonds shall be signed by the president of the authority and attested by its secretary; and a facsimile of the signatures of both of...
• Section 22-3A-11 Sale of bonds
  Bonds of the authority (including refunding bonds) may be sold at such price(s) and at such time(s) as the directors may consider advantageous, either at...
• Section 22-3A-12 Nature of bonds
  The bonds shall not be general obligations of the authority but shall be limited obligations payable solely from one or more specified sources, including, but...
• Section 22-3A-13 Tax exemption; use of bonds as security; investment in bonds
  The bonds and the income therefrom shall be exempt from all taxation in the state. Any of the bonds may be used by the holder...
• Section 22-3A-14 Refunding bonds
  (a) Any bonds issued by the authority under this chapter may from time to time thereafter be refunded by the issuance of refunding bonds of...
• Section 22-3A-15 Disposition of proceeds of bonds; Public Health Facilities Building Fund; powers of authority; improvement and construction defined; supervision; bidding
  (a) The proceeds of the bonds, other than refunding bonds, remaining after paying the expenses of their sale and issuance shall be turned in to...
• Section 22-3A-16 Appropriation made; Debt Service Reserve Fund established
  (a) For the purpose of providing funds to enable the authority to pay on their respective due dates the principal of and the interest and...
• Section 22-3A-17 Obligations, etc., as obligations of authority and not state
  All contracts made, obligations incurred and bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create obligations...
• Section 22-3A-18 Investment of proceeds from bond sale; when authorized; application of income
  Prior to the completion of all public health facilities described in Section 22-3A-19, any portion of the principal proceeds derived from the sale of the...
• Section 22-3A-19 Certain public health facilities as primary obligation of authority; reimbursement to counties; refinancing or refunding of obligations
  (a) As its primary obligation under this chapter, the authority shall, subject to the provisions of subsection (c) of this section, expend the net proceeds...
• Section 22-3A-20 Authority as nonprofit corporation
  The authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
• Section 22-3A-21 Dissolution of authority
  When all bonds issued by the authority and all obligations assumed by it under the provisions of this chapter shall have been paid in full,...
• Section 22-3A-22 Payment by State Treasurer authorized; records
  Out of the revenues appropriated and pledged in or pursuant to Section 22-3A-16, the State Treasurer is authorized and directed to pay the principal of...
• Section 22-3A-23 Approval of allocations other than those in Section 22-3A- 19(a) to be unanimous
  Notwithstanding any provisions of this chapter, no allocations from any sources, including, but not limited to, bond proceeds and earnings thereon and debt service reserve...
• Section 22-3A-24 Payments and investment agreements to ensure federal tax exemption
  The authority shall have the power to make such payments to the United States of America as the directors deem necessary to cause the interest...
• Chapter 4 STATE HEALTH PLANNING AND DEVELOPMENT.
• Article 1 General Provisions.
• Section 22-4-1 Short title
  This article may be referred to as the "State Health Planning and Development Act of 1975."
• Section 22-4-2 Definitions
  When used in this article, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context: (1) STATE...
• Section 22-4-3 State Board of Health designated as State Health Planning and Development Agency; powers and duties generally
  (a) The State Board of Health is hereby designated as the sole and official State Health Planning and Development Agency. (b) The State Board of...
• Section 22-4-4 Establishment of internal divisions or bureaus and professional staff by State Board of Health
  The State Board of Health is hereby authorized and empowered to establish and support such internal divisions or bureaus as may be needed for the...
• Section 22-4-5 Adoption, revision, etc., of rules, regulations, standards, etc., by State Board of Health; appeals therefrom; State Board of Health not to discriminate among branches of healing arts in administration of funds
  (a) The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to adopt, revise,...
• Section 22-4-6 Appropriations to State Board of Health
  There is hereby appropriated to the State Board of Health any funds held by the State Treasury for the State Board of Health planning, health...
• Section 22-4-7 Statewide Health Coordinating Council - Establishment; composition; qualifications, appointment and terms of office of members; officers; meetings; vacancies; appointment of consultants and task forces; compensation of members of council and members of task forces
  There shall be established an advisory council, to be designated the Statewide Health Coordinating Council, which shall advise and consult with the State Board of...
• Section 22-4-8 Statewide Health Coordinating Council - Functions
  (a) The Statewide Health Coordinating Council shall advise and serve as consultants to the State Board of Health regarding policies and regulations necessary for carrying...
• Section 22-4-9 Health systems agencies
  The health systems agencies designated by the Secretary of the Department of Health, Education and Welfare, in coordination with the Governor, shall provide those functions...
• Section 22-4-10 Cooperation of officers, agencies, etc., of state, etc., with State Board of Health and Statewide Health Coordinating Council
  All officers, employees and agents of the State of Alabama and all departments, divisions, bureaus, commissions, subdivisions and agencies of the government thereof are hereby...
• Section 22-4-11 Preparation, adoption, etc., of preliminary state health plan generally; provision in plan for visual care
  The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to prepare, review and...
• Section 22-4-12 Designation of State Board of Health as state agency for receipt, administration, etc., of funds for preparation, administration, etc., of State Health Plan
  The State Board of Health, while acting in its capacity as the sole and official state agency to administer or to supervise the administration of...
• Section 22-4-13 Preparation, review, and revision of State Medical Facilities Plan
  Upon the adoption of federal regulations pursuant to Title XVI of the Public Health Service Act, the State Board of Health is hereby authorized and...
• Section 22-4-14 Construction, operation, etc., of public hospitals, health centers, etc., by State Board of Health; power of State Board of Health to cooperate and enter into contracts with federal government, nonprofit associations, etc., in construction, operation, etc., of public hospitals, health centers, etc
  The State Board of Health is hereby authorized and empowered to acquire, construct, equip, maintain and operate public hospitals, health centers and related facilities for...
• Section 22-4-15 Designation of State Board of Health as state agency for receipt and administration of funds, gifts, etc., for construction, maintenance, etc., of public health care facilities; power of State Board of Health to enter into contracts with agencies for those purposes
  The State Board of Health is hereby designated as the sole and official agency of the State of Alabama to receive and administer any and...
• Section 22-4-16 Acquisition, purchase, sale, etc., by State Board of Health of land, buildings, etc., for carrying out health care facility construction and operation program
  The State Board of Health is hereby authorized and empowered to purchase or lease land or acquire property by eminent domain; to purchase, lease, rent...
• Section 22-4-17 Construction and implementation of provisions of article
  All provisions of this article are deemed to be permissive and not mandatory since this article is specifically designed to bring the laws of Alabama...
• Article 2 Alabama Health Planning Facilitation Act.
• Section 22-4-30 Short title
  This article shall be cited and known as the "Alabama Health Planning Facilitation Act."
• Section 22-4-31 Legislative findings
  The Legislature does hereby set out the following findings and reasons for passage of this article. Alabama has adopted a system of health planning and...
• Section 22-4-32 Definitions
  For purposes of this article, the following terms shall have the following meanings: (1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate...
• Section 22-4-33 Health Care Information and Data Advisory Council
  (a) There is established the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA in adopting rules necessary to implement...
• Section 22-4-34 Rulemaking authority
  The SHPDA, following advice and guidance from the Health Care Information and Advisory Council, shall adopt rules providing the specific information which shall be submitted...
• Section 22-4-35 Submission of reports
  (a) A covered health care reporter shall submit the required reports directly to SHPDA. The reports may be submitted electronically after SHPDA has the capability...
• Section 22-4-36 Limits on information requested
  The SHPDA may not request any information from a health care reporter that requires the submission of proprietary or confidential matters, such as negotiated discounts...
• Section 22-4-37 Penalties for noncompliance
  SHPDA shall impose an administrative penalty against a covered health care reporter that fails to comply with this article in an amount not to exceed...
• Section 22-4-38 Information provided to purchasers
  Nothing in this article shall prohibit a purchaser from obtaining information from a covered health care reporter. The obligation of providing the purchaser, on terms...
• Section 22-4-39 Use of information
  (a) SHPDA shall utilize the data and information received from covered health care reporters for the benefit of the public and public officials. The data...
• Section 22-4-40 Enforcement of article
  SHPDA may bring civil actions in any court of competent jurisdiction to enforce compliance with this article or any requirement or appropriate request of SHPDA...
• Section 22-4-41 Construction of article
  This article shall not affect any current law or laws which provide authority or jurisdiction for the SHPDA, the Certificate of Need Review Board, or...
• Section 22-4-42 Limitations on use of information
  The information collected pursuant to this article shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC to provide...
• Chapter 4A FAMILY PRACTICE RURAL HEALTH BOARD.
• Section 22-4A-1 Legislative findings and declarations
  The Legislature of Alabama hereby finds and declares that physicians engaged in family practice are in critical short supply in Alabama, and further, that the...
• Section 22-4A-2 Family Practice Rural Health Board created; members; chairman and officers; per diem and mileage
  (a) There is hereby created an 11 member "Family Practice Rural Health Board," with each member serving a six year term unless otherwise specified. The...
• Section 22-4A-3 Determination and prioritization of medically underserved areas
  The board may assist in determining and prioritizing the medically underserved areas where there exist unmet needs for family physicians.
• Section 22-4A-4 Accreditation of residency program prerequisite to allocation of funds
  The board shall not allocate any funds pursuant to this chapter to any family practice residency program unless it is accredited by the American Academy...
• Section 22-4A-5 Allocation and distribution of funds; purposes
  The board shall allocate the funds appropriated through the Public Health Department for Family Practice Rural Health Programs. The Health Department shall distribute the funds...
• Section 22-4A-6 Identification of unmet needs and resources; annual report
  The board shall assist in identifying any unmet needs relating to the medically underserved rural areas of the state and any available resources that could...
• Section 22-4A-7 No authority over other programs
  Nothing in this chapter is intended or shall be construed as granting the board any governing or administrative authority over any programs administered by any...
• Chapter 4B NURSING DEGREE LOANS AND INCENTIVES.
• Section 22-4B-1 Definitions
  For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them: (1) BOARD or BOARD OF HEALTH. The...
• Section 22-4B-2 Legislative intent
  The Legislature of Alabama finds that there exists a critical shortage of registered nurses who are willing and able to provide health care to citizens...
• Section 22-4B-3 Loans for nursing degree - Eligibility - Contract - Cancellation of loan - Recovery of unpaid balance
  (a) Within the limits of the funds appropriated for or otherwise available to the loan program, the board shall be authorized to grant to each...
• Section 22-4B-4 Maximum loan amount - Repayment by working for department or Federally-funded Community Health Center - Balance due and payable upon demand for failure to remain employed or for withdrawal from school
  Any recipient who is granted a loan by the board shall be granted a loan in an amount authorized by the board, not to exceed...
• Section 22-4B-5 Loans and salaries to department employees authorized
  The Board of Health is hereby authorized to expend available funds to offer loans and pay salaries to employees attending nursing school under such loan...
• Section 22-4B-6 Paid educational leave - Duties in the health department - Attendance reports
  At the option of the board, recipients attending nursing school may be granted paid educational leave during times of such attendance. Employees attending school full-time...
• Section 22-4B-7 Disbursal of loan funds - Educational institution reimbursed
  Loan funds shall not be disbursed directly to loan recipients. The board shall enter into agreements with all participating approved educational institutions whereby such institution...
• Chapter 5 STATE COMMISSION ON PHYSICAL FITNESS.
• Section 22-5-1 "Physical fitness" defined
  For the purposes of this chapter, "physical fitness" means good or improved habits relating to recreation, exercises, sports and the use of leisure time and...
• Section 22-5-2 Creation and purpose of commission
  There is hereby created a State Commission on Physical Fitness, which hereafter may be referred to as the Governor's Commission on Physical Fitness, for the...
• Section 22-5-3 Composition; compensation
  (a) The commission shall consist of seven members, including a chairman, one from each U.S. Congressional District and all to be appointed by the Governor....
• Section 22-5-4 Meetings; rules and regulations
  The commission shall meet regularly at the call of the Governor, the executive director, or the chairman. Four commissioners shall constitute a quorum. The commission...
• Section 22-5-5 Duties of commission
  The commission shall maintain liaison with the State Department of Education, county and city boards of education, private and parochial schools, and physical fitness commissions...
• Section 22-5-6 Executive director; application of Merit System to commission employees
  (a) The Governor, upon recommendation of the commission, shall appoint an executive director of the commission. Such director shall serve as secretary of the commission...
• Section 22-5-7 Personnel
  The executive director shall, subject to the State Merit System Law, appoint professional, technical, clerical, stenographic and other personnel to carry out the duties and...
• Section 22-5-8 Annual report
  The commission shall make an annual report to the Governor and the Legislature, including therein suggestions and recommendations for protecting and improving the physical fitness...
• Section 22-5-9 Acceptance of gifts or grants
  The commission is hereby authorized and empowered to accept from the federal government, or any instrumentality thereof, or from any person, firm or corporation in...
• Chapter 5A LONG-TERM RESIDENTIAL HEALTH CARE RECIPIENT OMBUDSMEN.
• Section 22-5A-1 Short title
  This chapter shall be known and may be cited as the "Long-term Residential Health Care Recipient Ombudsman Act."
• Section 22-5A-2 Definitions
  For the purposes of this chapter, the following words shall have the meanings ascribed to them by this section: (1) ADMINISTRATOR. Any person charged with...
• Section 22-5A-3 Duties of State Ombudsman and department
  The State Ombudsman and the department are hereby authorized to investigate complaints concerning health care, domiciliary and residential care facilities. The State Ombudsman shall promote...
• Section 22-5A-4 Selection of community ombudsmen; training; certification; duties; area plan to describe program; notification of department as to prospective ombudsmen; advisory committee on program
  (a) Each area agency on aging funded by the department shall select at least one community ombudsman in each planning and service area established according...
• Section 22-5A-5 Procedures for receiving complaints; informing recipients of ombudsman program
  The State Ombudsman shall establish written procedures for receiving complaints involving long-term residential health care facilities and their employees. The Department of Senior Services shall...
• Section 22-5A-6 Procedures for resolving complaints
  (a) A community ombudsman's access to any health care facility shall be limited to standard operating hours unless prior arrangements with the operator of the...
• Section 22-5A-7 Limited immunity of person or agency making report, etc
  Any person or agency who in good faith participates in the making of a report or provides information or evidence in direct accordance with the...
• Chapter 5B ALABAMA LIFESPAN RESPITE RESOURCE NETWORK ACT.
• Section 22-5B-1 Short title
  This chapter shall be known and may be cited as the "Alabama Lifespan Respite Resource Network Act."
• Section 22-5B-2 Legislative findings
  (a) The legislative findings, purpose, and intent of this chapter are to develop the infrastructure for a statewide network of lifespan respite programs in Alabama...
• Section 22-5B-3 Definitions
  When used in this chapter, the following words shall have the following meanings: (1) ADULT WITH SPECIAL NEED. A person 19 years of age or...
• Section 22-5B-4 Alabama Lifespan Respite Resource Network
  There is created the Alabama Lifespan Respite Resource Network as the statewide entity that shall do the following: (1) Address issues relating to respite care...
• Section 22-5B-5 Alabama Lifespan Respite Coalition
  (a) There is created the Alabama Lifespan Respite Coalition composed of members who shall be culturally, economically, and geographically diverse and representative of the state...
• Section 22-5B-6 Meetings; coordination of activities; funding
  (a) The Alabama Lifespan Respite Resource Network shall be designated as the entity to facilitate a minimum of two meetings per year for the Alabama...
• Chapter 5C PALLIATIVE CARE AND QUALITY OF LIFE.
• Section 22-5C-1 Purpose
  The purpose of this chapter is to improve consumer awareness of patient centered and family focused palliative care in this state by establishing a State...
• Section 22-5C-2 State Advisory Council on Palliative Care and Quality of Life
  (a) Not later than November 23, 2015, the State Health Department shall establish a State Advisory Council on Palliative Care and Quality of Life within...
• Section 22-5C-3 Palliative Care Information and Education Program
  (a) There is created a statewide Palliative Care Information and Education Program in the State Health Department. The purpose of the palliative care information and...
• Chapter 5D GABE GRIFFIN RIGHT TO TRY ACT.
• Section 22-5D-1 Short title
  This chapter shall be known and may be cited as the Gabe Griffin Right to Try Act.
• Section 22-5D-2 Definitions
  As used in this act, the following words have the following meanings: (1) ELIGIBLE PATIENT. An individual who meets all of the following conditions: a....
• Section 22-5D-3 Availability to eligible patient of investigational drug, biological product, or device
  (a) The manufacturer of an investigational drug, biological product, or device may make available and an eligible patient may request the manufacturer's investigational drug, biological...
• Section 22-5D-4 Coverage and costs
  (a) This chapter does not expand the coverage required of an insurer. (b) A health plan, third party administrator, or governmental agency is not required...
• Section 22-5D-5 Liability of heirs
  If a patient dies while being treated by an investigational drug, biological product, or device, the patient's heirs are not liable for any outstanding debt...
• Section 22-5D-6 Effect on license or certification
  A licensing board or disciplinary subcommittee shall not issue a letter of concern or similar form of reprimand, nor revoke, fail to renew, suspend, or...
• Section 22-5D-7 Relation to other laws and professional obligations
  (a) Nothing in this chapter shall be construed to establish a standard of care for physicians or otherwise modify, amend, or supersede any provision of...
• Section 22-5D-8 Additional coverage not required under Medicaid
  This chapter does not require the Alabama Medicaid Program to provide additional coverage for an investigational drug, biological product, or device.
• Section 22-5D-9 Blocking access prohibited; counseling, etc., permitted
  An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an investigational drug, biological product,...
• Section 22-5D-10 Private cause of action not created under chapter
  This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any licensed...
• Chapter 6 MEDICAID PROGRAM.
• Article 1 General Provisions.
• Section 22-6-1 Appropriations
  All revenue, income and receipts for operation of the Medicaid (Title 19) Program received by the State Health Department shall be appropriated for expenditure of...
• Section 22-6-2 Payment of contract adjustments
  All Medicaid (Title 19) contract adjustments of a prior year with hospitals, nursing homes and others shall become payable from current fiscal year appropriations during...
• Section 22-6-3 Disposition of fund balances
  (a) All balances of revenue, income and receipts remaining in the Medicaid Fund at the end of a fiscal year shall carry over to the...
• Section 22-6-4 Copayments by persons receiving medical services from physicians under program
  (a) All persons eligible to receive Medicaid shall pay the sum of $1.00 for each visit as a copayment for medical services provided by a...
• Section 22-6-4.1 Copayments by persons receiving medical services from physicians or other medical practitioners under program
  (a) Medicaid eligible persons shall pay a $2.00 copayment for medical services provided by a physician or other medical practitioner under the Medicaid Program. (b)...
• Section 22-6-4.2 Copayments for prescription drugs
  (a) Medicaid eligible persons shall pay the maximum allowable copayment under federal law or administrative regulation for each prescription drug received under the Medicaid Program,...
• Section 22-6-5.1 Collection of patient's income by tax collector; payment to Medicaid Agency; exceptions; rules and regulations
  Repealed by Act 2015-70 effective April 21, 2015.
• Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state; effect of action by state or recipient against person, etc., causing injury, etc., upon rights of other; provision of written notice, etc., by recipients instituting civil actions for damages
  (a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for injuries, disease or sickness caused under circumstances creating a cause...
• Section 22-6-6.1 Assignment to state of recipients' rights to payments for medical care; authorization to release needed information
  (a) Every recipient of medical assistance under the Alabama Medicaid Program shall be deemed to have made assignment to the State of Alabama of any...
• Section 22-6-7 Medicaid Agency authorized to contract with fiscal intermediaries for purpose of receiving, processing, and paying claims
  (a) The Medicaid Agency of the State of Alabama, the single state agency charged with responsibility for administering the Alabama Medicaid Program, is hereby authorized...
• Section 22-6-7.1 Procurement of prescription eyewear
  Contracts for the procurement of prescription eyewear for recipients of the Alabama Medicaid Program which are competitively bid may be awarded to the bidder whose...
• Section 22-6-8 Revocation of eligibility of recipient upon determination of abuse, fraud, or misuse of benefits; when eligibility may be restored; award of restricted status to pregnant recipient whose eligibility has been revoked
  (a) Upon determination by a utilization review committee of the designated State Medicaid Agency that a Medicaid recipient has abused, defrauded, or misused the benefits...
• Section 22-6-9 Medicaid identification card; issuance and use; confidentiality of recipient
  (a) The Department of Human Resources shall issue to all eligible recipients a special color picture medicaid identification card, which shall be separate from and...
• Section 22-6-10 Women's right to health care
  (a) This section shall be known and may be cited as the "Women's Right to Health Care Act." (b) Any state program funded under Title...
• Section 22-6-11 Breast and cervical cancer prevention and treatment
  (a) This section shall be known and may be cited as the "2009 Breast and Cervical Cancer Prevention and Treatment Act." (b)(1) Medicaid eligibility and...
• Section 22-6-12 Suspension of eligibility for inmates of certain public institutions; temporary reinstatement
  (a) An inmate of a public institution under the administrative control or responsibility of the Department of Corrections shall have his or her eligibility for...
• Section 22-6-13 Medicaid benefits for county inmates and certain juveniles
  (a) For the purposes of this section, the following words have the following meanings: (1) COUNTY INMATE. Any person being held in a public institution...
• Section 22-6-14 Autism Spectrum Disorder coverage and reimbursement under Alabama Medicaid program
  In the administration of and provision of benefits for the Alabama Medicaid program, the Alabama Medicaid Agency, on and after December 31, 2018, shall provide...
• Article 2 Long Term Quality Health Care Act.
• Section 22-6-20 Legislative intent
  The Legislature recognizes the increasing population of our senior citizens and the importance of ensuring that each receives quality health care. The Medicaid Agency of...
• Section 22-6-21 Short title
  This article shall be known as "The Long Term Quality Health Care Act."
• Section 22-6-22 Reference to federal law
  Any reference contained in this article to federal law or compliance with federal law shall be a reference to compliance with the Omnibus Budget Reconciliation...
• Section 22-6-23 "Facility" defined
  Where referred to in this article, facility shall mean intermediate care facility and skilled nursing facility licensed by the State Board of Health. More specific...
• Section 22-6-24 Responsible agency; deposit of funds; appropriation
  Medicaid is designated as the agency responsible to ensure compliance with the facility reform enforcement process provisions of OBRA. All funds received pursuant to this...
• Section 22-6-25 Enforcement remedies; adoption of criteria
  Medicaid shall have such specific civil remedies of enforcement as is required by OBRA as a minimum state enforcement remedy. In order to ensure compliance...
• Section 22-6-26 Health department functions and responsibilities
  This article shall in no way supersede, replace or affect the licensing and certification responsibilities or other regulatory functions of the Health Department. All health...
• Section 22-6-27 Resident Protection Trust Fund; appropriation; use
  All revenue collected pursuant to assessing civil penalties shall be deposited in the State Treasury to the credit of Medicaid in a trust fund known...
• Article 3 Health Care Trust Fund.
• Section 22-6-30 Fund established; purpose
  There is hereby established the Alabama Health Care Trust Fund in the State Treasury for the purpose of further providing for the operation of the...
• Section 22-6-31 Moneys in fund appropriated to Alabama Medicaid Agency
  All moneys deposited in said fund shall be available solely for appropriation by the Legislature to the Alabama Medicaid Agency. Said moneys shall be used...
• Section 22-6-32 Unobligated balance not to revert to General Fund but to be carried forward
  Any unobligated balance in said fund shall not revert to the General Fund at the end of any fiscal year but shall be automatically carried...
• Article 4 Obstetrics, Pediatrics, and Family Practice Financing and Insurance Premium Adjustments.
• Section 22-6-40 Medicaid Agency authorized to increase financing and adjust insurance premiums for family practitioners, pediatricians and obstetricians
  The Legislature recognizes the shortage of and the decline in obstetrical care in the rural areas of the state and the hardship imposed on those...
• Section 22-6-41 Availability of increased financing
  This financing shall be available to physicians in family practice, pediatrics and obstetrics who provide obstetrical services in rural and underserved areas.
• Section 22-6-42 Administration of financing program; establishment of rules and criteria for alleviating rural problems and reducing high infant mortality rates
  The Alabama Medicaid Agency is hereby authorized to develop and administer the financing program and establish the appropriate rules necessary to promote new obstetrical services...
• Article 5 Medicaid Program Funding.
• Article 6 Medicaid Trust Fund.
• Section 22-6-70 Created
  There is hereby created in the State Treasury a trust fund to be known as the Medicaid Trust Fund. The trust fund shall be administered...
• Section 22-6-71 Board of directors
  The Medicaid Trust Fund Board of Directors shall be composed of the Governor, who shall be its chairman; the Director of Finance, who shall be...
• Section 22-6-72 Duties of State Treasurer; disposition of funds
  The State Treasurer shall invest the funds in the trust fund on the direction of the board in investments which are eligible investments for the...
• Section 22-6-73 Powers of board
  The board of directors of the trust fund shall have the following powers: (1) To transfer funds in the trust fund, upon appropriation by the...
• Article 7 Medicaid Revenue Use Act.
• Section 22-6-90 Short title
  This article shall be known as the "Medicaid Revenue Use Act."
• Section 22-6-91 Definitions
  For purposes of this article, the following words shall have the following meanings: (1) HEALTHCARE SERVICES. Any services of the type for which the Medicaid...
• Section 22-6-92 Use of funds; annual certification
  Any hospital or hospital system located in the State of Alabama that receives funds from the Medicaid Agency or from a partnership hospital program shall...
• Section 22-6-93 Transfer of funds - Generally
  To the extent any hospital or hospital system transfers, directly or indirectly, funds to the Medicaid Agency, transfers by the hospital or hospital system in...
• Section 22-6-94 Transfer of funds - Use by Medicaid Agency
  All funds transferred by a hospital or a hospital system from any payor source directly or indirectly to the Medicaid Agency shall be used by...
• Section 22-6-95 Transfer of funds - Annual certification
  At the time a hospital or hospital system transfers funds to the Medicaid Agency, or no less frequently than within 30 days after the close...
• Section 22-6-96 Transfer of funds - Return of uncertified funds
  In the event a hospital or hospital system transfers funds to the Medicaid Agency and fails to certify that the funds transferred are in compliance...
• Section 22-6-97 Transfer of funds - Return of noncomplying funds
  In the event a hospital or hospital system transfers funds to the Medicaid Agency and certifies that the funds transferred are in compliance with Section...
• Section 22-6-98 Rules and regulations
  The Commissioner of the Medicaid Agency may adopt and implement regulations as necessary to ensure compliance with this article.
• Article 8 Medicaid Preferred Drug Plan.
• Section 22-6-120 Legislative findings
  The Legislature finds the following: (1) The availability of appropriate pharmaceutical benefits to every Alabama citizen is a critical component to the overall health of...
• Section 22-6-121 Medicaid Pharmacy and Therapeutics Committee - Composition; meetings
  (a) The Alabama Medicaid Agency shall utilize a Medicaid Pharmacy and Therapeutics Committee within the agency for the purpose of advising and assisting Medicaid in...
• Section 22-6-122 Medicaid Pharmacy and Therapeutics Committee - Classification and recommendation of drugs; assurance of quality patient care; review of pharmaceutical products
  (a) The Medicaid Pharmacy and Therapeutics Committee shall review and recommend classes of drugs to the Medicaid Commissioner for inclusion in the Medicaid Preferred Drug...
• Section 22-6-123 Considerations for inclusions on preferred drug list; review; adoption of list
  (a) Drugs will be considered for the Medicaid preferred drug list based on clinical efficacy, side effect profiles, appropriate usage, and cost effectiveness. (b) The...
• Section 22-6-124 Confidentiality of information
  Notwithstanding any other law to the contrary, all information and documents containing trade secrets, proprietary information, rebate amounts for individual drugs or individual manufacturers, percentage...
• Article 9 Delivery of Medical Services.
• Section 22-6-150 Definitions
  For the purposes of this article, the following words shall have the following meanings: (1) ALTERNATE CARE PROVIDER. A contractor, other than a regional care...
• Section 22-6-151 Regional care organizations; governing board of directors; citizen's advisory committee; solvency and financial requirements; reporting; provider standards committee
  (a) A regional care organization shall serve only Medicaid beneficiaries in providing medical care and services. (b) Notwithstanding any other provision of law, a regional...
• Section 22-6-152 Medicaid regions
  The Medicaid Agency shall establish by rule geographic Medicaid regions in which a regional care organization or alternate care provider may operate, which together shall...
• Section 22-6-153 Contract to provide medical care to Medicaid beneficiaries; enrollment; grievance procedures; duties of Medicaid Agency
  (a) Subject to approval of the federal Centers for Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each Medicaid region...
• Section 22-6-154 Quality assurance committee; collection and publication of information
  (a) The Medicaid Agency shall create a quality assurance committee appointed by the Medicaid Commissioner. The members of the committee shall serve two-year terms. At...
• Section 22-6-155 Terms of contracts; cost evaluations
  An initial contract between the Medicaid Agency and a regional care organization shall be for three years, with the option for the Medicaid Agency to...
• Section 22-6-156 Contracts with alternate care providers
  The Medicaid Agency may contract with an alternate care provider in a Medicaid region only under the terms of this section: (1) If a regional...
• Section 22-6-157 Termination of regional care organization certification
  (a) The Medicaid Agency shall establish by rule the procedure for the termination of a regional care organization certification or probationary regional care organization certification...
• Section 22-6-158 Contracts with service providers
  A regional care organization shall contract with any willing hospital, doctor, or other provider to provide services in a Medicaid region if the provider is...
• Section 22-6-159 Implementation of article
  (a) The following is the timeline for implementation of this article: (1) Not later than October 1, 2013, the Medicaid Agency shall establish Medicaid regions....
• Section 22-6-160 Evaluation and report on long-term care system for Medicaid beneficiaries
  The Medicaid Agency shall decide which groups of Medicaid beneficiaries to include for coverage by a regional care organization or alternate care provider. The Medicaid...
• Section 22-6-161 Evaluation and report on dental care program for Medicaid beneficiaries
  (a) The Medicaid Agency, with input from dental care providers, shall conduct an evaluation of the existing dental care program for Medicaid beneficiaries and, on...
• Section 22-6-162 Case-management services
  The Medicaid Agency may contract for case-management services with an organization that has been granted by the Medicaid Agency a probationary regional care organization certification....
• Section 22-6-163 Legislative findings; rules; collaboration; approval of agreements and contracts; state action immunity; confidentiality of records; additional duties
  (a) The Legislature declares that collaboration among public payers, private health carriers, third party purchasers, and providers to identify appropriate service delivery systems and reimbursement...
• Section 22-6-164 Rulemaking authority
  The Medicaid Agency may adopt rules necessary to implement this article and to administer the Alabama Medicaid Program in a manner consistent with state and...
• Section 22-6-165 Regional care organizations exempt from certain license fees
  Any provision of law to the contrary notwithstanding, regional care organizations, as defined in Section 22-6-150, are exempt from the payment of any and all...
• Article 10 PACE Program in Class 2 Municipality.
• Section 22-6-190 Applicability
  This article shall apply only in a Class 2 municipality and would provide for a federal Program for All Inclusive Care for the Elderly (PACE...
• Section 22-6-191 Legislative intent
  The intent of this article is to allow the only PACE provider in the State of Alabama to continue to provide services to nursing home...
• Section 22-6-192 Definitions
  For the purposes of this article, the following words have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) FISCAL YEAR. An accounting...
• Section 22-6-193 Licensing requirements; promulgation of rules
  Each PACE provider providing services in a Class 2 municipality shall be licensed by the Department of Public Health which shall, from time to time,...
• Section 22-6-194 Privilege assessment - Authorized on business activities of certain PACE program providers
  To provide further for the availability of indigent health care in a Class 2 municipality, there is levied and shall be collected as provided in...
• Section 22-6-195 Privilege assessment - Payment; disposition of funds
  (a) The assessment imposed by this article shall be due and payable to the department on or before the twentieth day of the month next...
• Section 22-6-196 Privilege assessment - Failure to pay
  Any PACE provider that fails to pay the assessment levied by this article within the time required by this article shall pay, in addition to...
• Section 22-6-197 Privilege assessment - Recordkeeping; promulgation of rules
  (a) It shall be the duty of each PACE provider subject to this article to keep and preserve suitable books and records as may be...
• Section 22-6-198 Privilege assessment - Use of revenues; reimbursements
  (a) The Medicaid Agency shall use the revenues from the assessment levied by this article in furtherance of the purposes of this article, provided that...
• Section 22-6-199 Privilege assessment - Reduction or elimination of revenues
  No revenues resulting from the assessment established by this article and applied to increases in covered services or reimbursement levels or other enhancements of the...
• Section 22-6-200 Federal financial participation; contract for services
  This article shall be of no effect if federal financial participation under Title XIX of the Social Security Act is not available to the Medicaid...
• Article 11 Integrated Care.
• Section 22-6-220 Definitions
  For the purposes of this article, the following words shall have the following meanings: (1) CAPITATION PAYMENT. A payment the state Medicaid Agency makes periodically...
• Section 22-6-221 Service by integrated care network; board of directors
  (a) An integrated care network shall serve only Medicaid beneficiaries in providing medical care and services. For the purposes of this article, a beneficiary cannot...
• Section 22-6-222 Citizens' advisory committee
  There shall be a citizens' advisory committee constituted to advise the integrated care network on ways the integrated care network may be more efficient in...
• Section 22-6-223 Solvency and financial requirements
  (a) An integrated care network shall meet minimum solvency and financial requirements as provided by the Medicaid Agency. The Medicaid Agency shall require the integrated...
• Section 22-6-224 Medicaid Agency to contract for medical care; enrollment; delivery of services; reimbursement
  (a) Subject to approval of the federal Centers for Medicare and Medicaid Services, the Medicaid Agency shall enter into contracts with one or more integrated...
• Section 22-6-225 Denial of claims; grievances and appeals
  (a) The Medicaid Agency shall establish by rule procedures for safeguarding against wrongful denial of claims and addressing grievances of enrollees in an integrated care...
• Section 22-6-226 Review and approval of contracts; rules governing operation of integrated care networks
  (a) All provider contracts of an organization granted final certification as an integrated care network shall be subject to review and approval of the Medicaid...
• Section 22-6-227 Quality assurance committee; reporting requirements
  (a) The Medicaid Agency shall create a quality assurance committee appointed by the Medicaid Commissioner to review the care rendered through the integrated care networks....
• Section 22-6-228 Risk contracts
  A risk contract between the Medicaid Agency and an integrated care network shall be for two years, with the option for Medicaid to renew the...
• Section 22-6-229 Termination of certification
  (a) The Medicaid Agency shall establish by rule the procedure for the termination of an integrated care network certification for non-performance of contractual duty or...
• Section 22-6-230 Rates for contracting services; provider requirements
  An integrated care network shall contract with any willing nursing home, doctor, home and community waiver program, or other provider to provide services through an...
• Section 22-6-231 Implementation of article
  (a) The following timeline applies to implementation of this article: (1) Not later than April 1, 2017, the Medicaid Agency shall establish integrated care network...
• Section 22-6-232 Coverage of Medicaid beneficiaries by integrated care networks
  (a) The Medicaid Agency shall determine by rule which groups of Medicaid beneficiaries to include for coverage by an integrated care network. The Medicaid Agency,...
• Section 22-6-233 Legislative findings; certification of collaborators; powers of Medicaid Agency; state action immunity
  (a) The Legislature declares that collaboration among public payers, private health carriers, third party purchasers, and providers to identify appropriate service delivery systems and reimbursement...
• Section 22-6-234 Advance directive for health care options
  Any participant in the integrated care network system receiving long term care services shall be offered information regarding advance directive for health care options consistent...
• Section 22-6-235 Rulemaking authority
  The Medicaid Agency shall adopt rules necessary to implement this article and to administer the Medicaid Program as provided in this article in a manner...
• Section 22-6-236 Construction and application of §§22-6-220 through 22-6-234
  All laws or parts of laws which conflict with this act are repealed. Notwithstanding the above, it is expressly declared that the provisions of Sections...
• Section 22-6-237 Exemption from certain fees and taxes
  Any other provision of law to the contrary notwithstanding, integrated care networks as defined in this article are exempt from the payment of any and...
• Chapter 6A THE HEALTH CARE SHARING MINISTRIES FREEDOM TO SHARE ACT.
• Section 22-6A-1 Short title
  This chapter shall be known and may be cited as "The Health Care Sharing Ministries Freedom to Share Act."
• Section 22-6A-2 Health care sharing ministry
  (a) Health care sharing ministry means a faith-based nonprofit organization that is tax exempt under the Internal Revenue Code and which does all of the...
• Section 22-6A-3 Relation to insurance statutes
  A health care sharing ministry shall not be considered to be engaging in the business of insurance pursuant to Title 27, for purposes of this
• Chapter 7 FEES FOR HOME HEALTH SERVICES.
• Section 22-7-1 Authority to charge and collect fees or charges
  The State Board of Health is hereby authorized to charge and collect a reasonable fee or charge for services rendered by salaried employees of the...
• Section 22-7-2 Schedule of fees; what fees to include
  The State Board of Health shall fix a reasonable schedule of fees to be charged and collected from, or on behalf of, persons receiving home...
• Section 22-7-3 Waiver of payment
  The State Board of Health, on recommendation of the county health officer, may waive all, or any part of, the payment of said fees upon...
• Section 22-7-4 Payment of collected fees into Home Health Service Fund
  Such fees when collected shall be paid into a special fund in the State Treasury to be called the Home Health Service Fund.
• Section 22-7-5 Appropriation, allocation and expenditure of receipts
  All of the receipts of said Home Health Service Fund are hereby appropriated annually to the State Board of Health to be allocated and expended...
• Section 22-7-6 Rules and regulations
  The State Board of Health is authorized to promulgate reasonable rules and regulations prescribing the home health services which may be performed and other rules...
• Chapter 7A ALABAMA PHYSICIANS AND DENTISTS DIRECT PAY ACT
• Section 22-7A-1 Physician agreements; dentist agreements
  (a) For the purposes of this chapter, the following words shall have the following meanings: (1) DENTIST. A person licensed to practice dentistry in this...
• Chapter 8 CONSENT FOR HEALTH SERVICES.
• Section 22-8-1 Persons physically or mentally unable to consent
  No consent shall be required for a licensed physician, psychiatrist, psychologist, nurse practitioner, or physician assistant to provide any legally authorized medical or mental health...
• Section 22-8-2 When consent of missing husband or wife not required
  When a person, minor or adult, has not lived with his or her husband or wife for a period of one year or longer and...
• Section 22-8-3 When physician may proceed without consent of parent
  Any legally authorized medical, dental, health or mental health services may be rendered to minors of any age without the consent of a parent or...
• Section 22-8-4 When minor may give consent generally
  Any minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced...
• Section 22-8-5 Consent of minor for self and child
  Any minor who is married, or having been married is divorced or has borne a child may give effective consent to any legally authorized medical,...
• Section 22-8-6 Consent of any minor as to pregnancy, venereal disease, drug dependency, alcohol toxicity and reportable diseases
  Any minor may give effective consent for any legally authorized medical, health or mental health services to determine the presence of, or to treat, pregnancy,...
• Section 22-8-7 Effect of minor's consent; liability of physicians, etc.; waiver of rights or causes of action
  (a) The consent of a minor who professes to be, but is not, a minor whose consent alone is effective to medical, dental, health or...
• Section 22-8-8 Consents authorized deemed cumulative
  Consents authorized by this chapter are cumulative to all other existing legal consents, and this chapter is not to be construed as revoking any existing...
• Section 22-8-9 Consent of minor to donation of bone marrow; consent by parent or legal guardian
  Any minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced...
• Section 22-8-10 Authorization of medical treatment for mental health services of certain minors by parent or legal guardian
  The parent or legal guardian of a minor who is at least 14 years of age and under 19 years of age may authorize medical...
• Chapter 8A TERMINATION OF LIFE-SUPPORT PROCEDURES.
• Section 22-8A-1 Short title
  This chapter shall be known and may be cited as the "Natural Death Act."
• Section 22-8A-2 Legislative intent
  The Legislature finds that competent adult persons have the right to control the decisions relating to the rendering of their own medical care, including, without...
• Section 22-8A-3 Definitions
  As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. Any person 19...
• Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy
  (a) Any competent adult may execute a living will directing the providing, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration. Artificially...
• Section 22-8A-4.1 Validity of DNAR orders; adoption of rules
  (a) A completed DNAR order that is properly entered and received is deemed a valid order. (b) (1) The State Board of Health shall adopt...
• Section 22-8A-5 Revocation of advance directive for health care
  (a) An advance directive for health care may be revoked at any time by the declarant by any of the following methods: (1) By being...
• Section 22-8A-6 Proxy to comply with instructions, intent of patient
  An individual designated to make decisions regarding the providing, withholding, or withdrawing of life-sustaining treatment or artificially provided nutrition and hydration for another pursuant to...
• Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc
  (a) A competent adult may make decisions regarding life-sustaining treatment and artificially provided nutrition and hydration so long as that individual is able to do...
• Section 22-8A-8 Refusal of health care provider to comply; penalties
  (a) A health care provider who refuses to comply with a living will or the directions of a duly designated proxy or a duly appointed...
• Section 22-8A-9 Withholding or withdrawal of treatment, etc., not suicide; execution of advance directive not to affect sale, etc., of life or health insurance nor be condition for receipt of treatment, etc.; provisions of chapter cumulative
  (a) The withholding or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration from a patient in accordance with the provisions of this chapter...
• Section 22-8A-10 Provisions of chapter not an approval of mercy killing, etc
  Nothing in this chapter shall be construed to condone, authorize or approve mercy killing or physician assisted suicide or to permit any affirmative or deliberate...
• Section 22-8A-11 Surrogate; requirements; attending physician consulted, intent of patient followed; persons who may serve as surrogate; priority; validity of decisions; liability; form; declaratory and injunctive relief; penalties
  (a) If no advance directive for health care has been made, or if no duly appointed health care proxy is reasonably available, or if a...
• Section 22-8A-12 Validity of advance health care directive executed in another state
  An advance health care directive executed in another state in compliance with the law of that state or of this state is valid for purposes...
• Section 22-8A-13 Effect of prior declarations
  Any declaration made prior to August 1, 2001, shall be given effect as provided in this chapter provided that: (a) Such declaration was legally effective...
• Section 22-8A-14 Filing and recording of living will; fee; inspection; duty of declarant to provide copy to health care providers
  (a) A person may file and have recorded a living will in the office of the judge of probate in the county where the person...
• Section 22-8A-15 Order for pediatric palliative and end of life care for qualified minor; rulemaking authority
  (a) The representative of a qualified minor may execute a directive with respect to the extent of medical treatment, medication, and other interventions available to...
• Section 22-8A-16 Temporary task force for establishment of Order for PPEL Care form
  (a) A task force is created to serve under the supervision of the Department of Public Health to establish the Order for PPEL Care form....
• Section 22-8A-17 Application of Order for PPEL Care form; liability
  (a) An Order for Pediatric Palliative and End of Life (PPEL) Care shall only apply in the school setting if the order is included as...
• Chapter 8B ASSISTED SUICIDE BAN ACT
• Section 22-8B-1 Short title
  This chapter shall be known and may be cited as the Assisted Suicide Ban Act.
• Section 22-8B-2 Legislative findings
  The Legislature finds all of the following: (1) In almost every state, it is a crime to assist a suicide. These bans are long-standing expressions...
• Section 22-8B-3 Definitions
  As used in this chapter, the following terms shall have the following meanings: (1) AID IN DYING. The act of a person providing the means...
• Section 22-8B-4 Prohibited activity
  (a) Any person who deliberately assists another person to commit suicide or provides aid in dying is guilty of a Class C felony. (b) Any...
• Section 22-8B-5 Liability for damages; wrongful death action; suspension or revocation of license
  (a) Any person, physician, or health care provider who deliberately violates this chapter by aiding in dying shall be liable for damages. (b) If any...
• Section 22-8B-6 Construction of chapter
  Nothing in this chapter shall be construed to prohibit a physician or health care provider from doing any of the following: (1) Participating in the...
• Section 22-8B-7 Legislative intent
  It is the intent of the Legislature that the Attorney General exhaust the internal resources and personnel of the office prior to the retention of...
• Chapter 9A VITAL STATISTICS.
• Section 22-9A-1 Definitions
  For the purposes of this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) DEAD BODY. A human...
• Section 22-9A-2 Office of Vital Statistics and statewide system of vital statistics
  The State Board of Health shall have charge of an Office of Vital Statistics. The Office of Vital Statistics shall install, maintain, and operate the...
• Section 22-9A-3 Appointment of State Registrar of Vital Statistics; duties of State Registrar
  (a) The board shall appoint the State Registrar of Vital Statistics, hereinafter referred to as "State Registrar," in accordance with procedures and practices of the...
• Section 22-9A-4 Registration districts
  The board may designate vital records registration districts within the state. The board may from time to time, as conditions justify, consolidate or subdivide the...
• Section 22-9A-5 Local registrars and deputy registrars of vital statistics
  (a) In each registration district, as defined in Section 22-9A-4 or as designated by the board, a local registrar and deputy registrars shall be appointed...
• Section 22-9A-6 Content of certificates and reports
  (a) The board shall by rule determine the items or information to be contained on certificates of birth, death, marriage, and divorce and on reports...
• Section 22-9A-7 Registration of births
  (a) A certificate of birth for each live birth that occurs in this state shall be filed with the Office of Vital Statistics, or as...
• Section 22-9A-8 Registration of infants of unknown parentage
  (a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State...
• Section 22-9A-9 Delayed registration of birth
  Any person born in the state whose birth has not been filed may have his or her birth registered by the State Registrar after complying...
• Section 22-9A-10 Judicial procedure to establish facts of birth
  (a) If a delayed certificate of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner may be filed with...
• Section 22-9A-11 Court reports of adoption
  (a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption...
• Section 22-9A-11.1 Issuance of Certificate of Foreign Birth without judicial proceedings
  (a) A child who has automatically acquired United States citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the...
• Section 22-9A-12 New birth certificate upon adoption, legitimation, or paternity determination; availability of original certificate; contact preference form
  (a) The State Registrar shall establish a new certificate of birth for a person born in this state upon receipt of any of the following:...
• Section 22-9A-13 Reports of fetal death; reports of induced termination of pregnancy
  (a) A report of fetal death shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within five...
• Section 22-9A-13.1 Certificate of Birth Resulting in Stillbirth
  (a) For the purposes of this section, the following words shall have the following meanings: (1) CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH. A certificate issued...
• Section 22-9A-14 Death registration
  (a) A certificate of death for each death which occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise...
• Section 22-9A-15 Delayed registration of death
  (a) When a death occurring in this state has not been registered within the time period prescribed by subsection (a) of Section 22-9A-14, a certificate...
• Section 22-9A-16 Authorization for final disposition
  (a) The funeral director or person acting as the funeral director who first assumes custody of a dead body shall, prior to final disposition of...
• Section 22-9A-17 Marriage registration
  (a) Two persons desiring to unite in marriage may do so by submitting the affidavits, forms, and data specified in Section 30-1-5 and Section 30-1-9.1...
• Section 22-9A-18 Divorce registration
  (a) A record of each divorce or annulment granted by any court in this state shall be filed by the clerk, register, or clerk and...
• Section 22-9A-19 Amendment of vital records
  (a) A certificate registered under this chapter may be amended only in accordance with this chapter and rules adopted by the board to protect the...
• Section 22-9A-20 Reproduction of vital records
  The State Registrar, to preserve vital records, may prepare typewritten, photographic, microfilm, digital, electronic, or other reproductions of certificates or reports in the Office of...
• Section 22-9A-21 Disclosure of information from vital records
  (a) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the system of...
• Section 22-9A-22 Copies or data from the system of vital statistics
  (a) In accordance with Section 22-9A-21 and any rules adopted pursuant to that section: (1) The State Registrar and other custodians of vital records authorized...
• Section 22-9A-23 Fees
  (a) Fees to be paid to the Office of Vital Statistics are as follows: (1) The fee for making any search of the records and...
• Section 22-9A-24 Persons required to keep records and to furnish information
  (a)(1) Every person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to the institution. This...
• Section 22-9A-25 Enforcement
  Each local and deputy registrar is charged with the strict and thorough enforcement of the provisions of this chapter in his or her registration district,...
• Section 22-9A-26 Penalty for violation of chapter or rules of the State Board of Health
  (a) Any person who does any of the following shall be guilty of a Class C felony: (1) Willfully and knowingly makes any false statement...
• Section 22-9A-27 Continuation of rules and forms
  All rules, forms, and procedures promulgated by the board prior to May 21, 1992 shall continue in force and effect until the forms, rules, or...
• Section 22-9A-28 Applicability
  The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, or annulment, and reports of fetal death and induced termination...
• Chapter 10 NUISANCES MENACING PUBLIC HEALTH.
• Section 22-10-1 Enumeration of conditions, etc., constituting public nuisances menacing public health
  The following things, conditions and acts, among others, are hereby declared to be public nuisances per se, menacing public health and unlawful: (1) Animals (including...
• Section 22-10-2 How and by whom nuisances to be abated
  Any such nuisance shall be abated by the county board of health and the county health officer in any of the ways provided in this...
• Section 22-10-3 Summary destruction of property without compensation
  When such nuisance consists of one or more of the diseased animals mentioned in this chapter, or of insanitary clothing or bedding, furniture, vehicles, containers,...
• Chapter 10A GENETICS SERVICE.
• Section 22-10A-1 Declaration of policy
  It is declared to be the policy of this state to identify families who have members with genetic disorders that cause birth defects and mental...
• Section 22-10A-2 Diagnostic facilities, genetic counseling and prenatal testing for genetic disorders at University of Alabama in Birmingham and University of South Alabama
  (a) The University of Alabama in Birmingham, through its laboratory of medical genetics, and the University of South Alabama shall expand their respective medical genetics...
• Section 22-10A-3 Participation by individuals voluntary
  The participation by any individual in this program shall be voluntary and shall not be a prerequisite to eligibility for or receipt of any other...
• Chapter 10B SICKLE CELL OVERSIGHT AND REGULATORY COMMISSION.
• Section 22-10B-1 Establishment
  There is created and established the Alabama Sickle Cell Oversight and Regulatory Commission.
• Section 22-10B-2 Composition; reimbursement for expenditures
  (a) The commission shall consist of the following members: (1) Two members shall be appointed by the Governor. (2) One member shall be appointed by...
• Section 22-10B-3 Duties
  (a) The Alabama Sickle Cell Oversight and Regulatory Commission shall be designated as the agency to insure the delivery of sickle cell services pursuant to...
• Section 22-10B-4 Approval and funding to provide services; budget
  All persons, firms, corporations, unincorporated associations, state agencies, units of local government, or any public or private entity requesting public funding to provide quality sickle...
• Section 22-10B-5 Sickle cell services
  The sickle cell services shall include all of the following: (1) Public and professional health education which shall be provided by persons specially trained for...
• Section 22-10B-6 Status as enumerated agency under Section 41-20-3(a)(6)
  This commission shall be an enumerated agency pursuant to Section 41-20-3(a)(6).
• Section 22-10B-7 Exemption of Alabama Department of Public Health
  The Alabama Department of Public Health shall be exempt from any and all provisions of this chapter.
• Chapter 10C ALABAMA COMMISSION ON TICK BORNE ILLNESS.
• Section 22-10C-1 (Effective until September 30, 2021, unless extended by the Legislature.) Commission created
  The Alabama Commission on Tick Borne Illness is created in order to coordinate research on the prevention of tick borne illness in the state.
• Section 22-10C-2 (Effective until September 30, 2021, unless extended by the Legislature.) Composition
  The commission shall be composed of the following members who shall serve at the pleasure of the appointing authority: (1) One member with knowledge of...
• Section 22-10C-3 (Effective until September 30, 2021, unless extended by the Legislature.) Purpose; meetings; reports; compensation
  (a) The goal of the commission is to coordinate research and distribute funding for research on the study of tick borne illness in Alabama and...
• Section 22-10C-4 (Effective until September 30, 2021, unless extended by the Legislature.) Distribution of funds
  (a) The commission shall allocate funds for research on tick borne illness in the state based on appropriations received by the commission from the Education...
• Section 22-10C-5 (Effective until September 30, 2021, unless extended by the Legislature.) Dissolution of commission
  The commission shall dissolve on September 30, 2021, unless continued by act of the Legislature.
• Chapter 11A REPORTING NOTIFIABLE DISEASES.
• Article 1 General Provisions.
• Section 22-11A-1 State Board of Health to designate notifiable diseases and health conditions
  The State Board of Health shall designate the diseases and health conditions which are notifiable. The diseases and health conditions so designated by the Board...
• Section 22-11A-2 Persons responsible to report diseases; contents of report; confidential information; person making report immune from liability
  Each physician, dentist, nurse, medical examiner, hospital administrator, nursing home administrator, laboratory director, school principal, and day care center director shall be responsible to report...
• Section 22-11A-3 Action of health officer upon being notified of diseases; quarantine
  Whenever the State Health Officer or his representative, or the county health officer or his representative, is notified of any person or persons afflicted with...
• Section 22-11A-4 Certain records to be provided to State Health Officer or Bureau of Clinical Laboratories
  (a) For purposes of this article, the following terms have the following meanings: (1) CLINICAL MATERIALS. Either of the following: a. A clinical isolate that...
• Section 22-11A-5 When State Board of Health to take charge of investigation
  The State Board of Health may take charge of the investigation of an epidemic or of the supression thereof, or both, whenever, in the opinion...
• Section 22-11A-6 Penalty for failure to make report
  Any physician or other person designated in Section 22-11A-2 who has knowledge of a case of a notifiable disease or health condition, who refuses or...
• Section 22-11A-7 Persons having notifiable disease to obey directions of health officials
  Any person reported as having any of the notifiable diseases or health conditions designated by the State Board of Health shall conform to or obey...
• Section 22-11A-8 Health officer to investigate complaints of diseases; afflicted persons to be moved to suitable place; expenses of removal
  Whenever complaint is made in writing to the health officer of a county that a person, not at his own home, is afflicted with any...
• Section 22-11A-9 Tuberculosis cases to be reported; contents of report; reports confidential
  Any physician who diagnoses or treats a case of active tuberculosis, the administrator of any hospital, dispensary, correctional facility or other institution in which there...
• Section 22-11A-10 State Board of Health to investigate reported cases of tuberculosis; voluntary treatment; probate court may order compulsory treatment and quarantine; cost of treatment; exercise of religious freedom
  Whenever the State Board of Health or its authorized representative shall discover, as a result of its own investigation or as a result of any...
• Section 22-11A-11 Contract hospitals to admit indigent patients with chronic lung diseases; costs
  The State Board of Health, at its option, may authorize regional contract tuberculosis hospitals to admit indigent patients afflicted with chronic lung diseases other than...
• Section 22-11A-12 Statewide outpatient clinics; State Board of Health to contract for regional tuberculosis hospitals; expenditures
  (a) It shall be the duty of the State Board of Health to assure the statewide operation of outpatient clinics necessary for the treatment and...
• Section 22-11A-13 Sexually transmitted diseases
  Sexually transmitted diseases which are designated by the State Board of Health are recognized and declared to be contagious, infectious and communicable diseases and dangerous...
• Section 22-11A-14 Cases of sexually transmitted diseases to be reported; contents of report; reports confidential; penalty for violation; measures for protection of others
  (a) Any physician who diagnoses or treats a case of sexually transmitted disease as designated by the State Board of Health, or any administrator of...
• Section 22-11A-16 Serologic or other biologic sample required to be taken of pregnant women and of newborns
  (a) Every physician or other person permitted by law to attend a pregnant woman during gestation shall, in the case of each woman so attended,...
• Section 22-11A-17 Testing of correctional facility inmates for sexually transmitted diseases; treatment; discharge of infectious inmates; victim may request results of HIV testing
  (a) All persons sentenced to confinement or imprisonment in any city or county jail or any state correctional facility for 30 or more consecutive days...
• Section 22-11A-18 Isolation of person believed to have sexually transmitted disease; such person required to report for treatment; costs; compulsory treatment and quarantine
  (a) Any person where there is reasonable cause to believe has a sexually transmitted disease or has been exposed to a sexually transmitted disease shall...
• Section 22-11A-19 Minor 12 years or older may consent to medical treatment for sexually transmitted disease; medical care provider may inform parent or guardian
  Notwithstanding any other provision of law, a minor 12 years of age or older who may have come into contact with any sexually transmitted disease...
• Section 22-11A-20 Physicians to instruct persons on prevention and cure of sexually transmitted diseases
  Every physician who examines or treats a person having a sexually transmitted disease shall instruct such person in measures for preventing the spread of such...
• Section 22-11A-21 Penalties for treating or preparing medicine without a license; penalty for person afflicted with sexually transmitted disease to transmit such disease to another person
  (a) Any person who shall treat or prescribe for any person having a sexually transmitted disease except a physician licensed to practice medicine in Alabama...
• Section 22-11A-22 Medical records of persons infected with sexually transmitted diseases confidential; penalty for release
  All information, reports and medical records concerning persons infected with sexually transmitted diseases designated by the State Board of Health shall be confidential and shall...
• Section 22-11A-23 Any person believed exposed to diseases to be tested; any person believed afflicted shall seek and accept treatment
  Any person who the state or county health officer has reason to believe has been exposed to any of the diseases designated under this article...
• Section 22-11A-24 Commitment to Department of Public Health for compulsory treatment when person exposed or afflicted and refuses treatment
  When any person exposed to a disease or where reasonable evidence indicates exposure to a disease or infection designated under this article refuses testing or...
• Section 22-11A-25 Commitment petition - Contents
  The petition shall be executed under oath and shall contain the name and address of the petitioner, the name and location of the person sought...
• Section 22-11A-26 Commitment petition - Probate judge may take sworn testimony of petitioner; petition without merit to be dismissed
  When any petition is filed, seeking to commit any person to the custody of the Alabama Department of Public Health, the probate judge shall immediately...
• Section 22-11A-27 Commitment petition - Notice of petition to be served; contents
  When any petition has been filed seeking to commit a person to the custody of the Alabama Department of Public Health on the ground that...
• Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate judge determination; standard for imposing limitations; probable cause hearing; temporary treatment before final hearing
  (a) When a petition has been filed, seeking to have limitations placed upon the liberty of a person, pending the outcome of a final hearing...
• Section 22-11A-29 Commitment petition - Appointment of guardian ad litem and attorney
  At the time when any petition has been filed seeking to commit any person to the custody of the Alabama Department of Public Health, the...
• Section 22-11A-30 Commitment petition - Order for person to appear for hearing and be examined by physician
  When a petition has been filed seeking to commit any person to the custody of the Alabama Department of Public Health, the probate judge shall...
• Section 22-11A-31 Commitment petition - Rules to apply at hearings
  At all hearings conducted by the probate judge in relation to a petition to commit any person to the custody of the Alabama Department of...
• Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment available
  (a) If, at the final hearing, upon a petition seeking to commit a person to the custody of the Alabama Department of Public Health or...
• Section 22-11A-33 Probate court retains jurisdiction over person committed
  The probate court committing any person to the custody of the Alabama Department of Public Health or such other facility as the court may order...
• Section 22-11A-34 Law enforcement officers to convey person to custody of Department of Public Health; public health facilities to report on progress of persons committed
  The probate judge shall order one or more persons or law enforcement officers to convey any person committed to the custody of the Alabama Department...
• Section 22-11A-35 Attorney and expert fees
  In any commitment proceeding, the fees of any attorney appointed by the probate judge to serve as guardian ad litem shall be set at the...
• Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon liberty of person pending appeal
  An appeal from an order of the probate court granting a petition seeking to commit a person to the custody of the Alabama Department of...
• Section 22-11A-37 Testing and treatment of inmate of correctional facility
  When there is reasonable cause to believe that an inmate of any state correctional facility or any municipal or county jail has been exposed to...
• Section 22-11A-38 Notification of third parties of disease; rules; who may be notified; liability; confidentiality; disclosure of information for certain criminal proceedings; penalty
  (a) The State Committee of Public Health is hereby authorized to establish the rules by which exceptions may be made to the confidentiality provisions of...
• Section 22-11A-39 Notification of pre-hospital agencies who assisted in delivering person with infectious disease to hospital
  The chief administrator, or his designee, of a hospital, pursuant to rules promulgated by the Department of Public health, shall notify all pre-hospital agencies who...
• Section 22-11A-40 Laboratory tests for AIDS and other diseases; violations
  (a) Prior to the administration of any laboratory test for acquired immune deficiency syndrome (AIDS) or for viruses that lead to the development of AIDS...
• Section 22-11A-41 Approval of testing or diagnostic kits
  All individual testing and diagnostic kits or like kits for the identification of any of the designated notifiable diseases in Chapter 11A of Title 22...
• Section 22-11A-42 Fees for services by Bureau of Clinical Laboratories
  The State Board of Health may set a reasonable schedule of fees for services rendered by the Bureau of Clinical Laboratories of the State Board...
• Article 2 Human Immunodeficiency Virus and AIDS.
• Section 22-11A-50 Definitions
  As used in this article, the following words and phrases shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:...
• Section 22-11A-51 Informed consent required for HIV testing
  (a) Before any HIV test is performed, the health care provider or testing facility shall obtain from the person a voluntary informed consent to administer...
• Section 22-11A-52 Informed consent implied under certain circumstances
  When a written consent for HIV testing has not been obtained, consent shall be implied when an individual presents himself to a physician for diagnostic...
• Section 22-11A-53 Notification of positive test result; counseling; referral to appropriate health care services; explanation of individual responsibility
  An individual tested shall be notified of a positive test result by the physician ordering the test, his designee, a physician designated by the applicant...
• Section 22-11A-54 Confidentiality
  A health care or other testing facility shall maintain confidentiality regarding medical test results with respect to the HIV infection or a specific sickness or...
• Article 3 Infected Health Care Worker.
• Section 22-11A-60 Definitions
  As used in this article, the following words shall have the following meanings: (1) HEALTH CARE FACILITY. A hospital, nursing home, ambulatory surgical center, outpatient...
• Section 22-11A-61 Reporting of infected worker to State Health Officer
  (a) Any health care worker infected with HIV, HBV, HCV, or other disease designated by the State Board of Health who performs an invasive procedure...
• Section 22-11A-62 Performing invasive procedures
  No health care worker having knowledge that he or she is infected with HIV, HBV, HCV, or other disease designated by the State Board of...
• Section 22-11A-63 Investigation by State Health Officer
  (a) Upon notification of the existence of an infected health care worker, the State Health Officer shall undertake an investigation of the practice of the...
• Section 22-11A-64 Appeal process
  (a) Any health care worker who has appealed the State Health Officer's final order to the State Committee of Public Health and who is aggrieved...
• Section 22-11A-65 Monitoring of practice of infected health care worker
  The State Health Officer shall cause the infected health care worker's practice to be reviewed at intervals established by the expert review panel but not...
• Section 22-11A-66 Violations
  "In addition to any other law or regulation, it shall be grounds for the revocation, suspension, or restriction of the professional license of any health...
• Section 22-11A-67 Records and information necessary to assist investigation
  (a) Any health care worker found to have HBV, HIV, or HCV, or other disease designated by the State Board of Health and any health...
• Section 22-11A-68 Immunity from liability for those involved in investigation
  (a) Members and staff of the State Board of Health, the State Committee of Public Health, the Board of Medical Examiners, the Medical Licensure Commission,...
• Section 22-11A-69 Confidentiality standards; uses of information gained during investigation
  (a) The records, proceedings, deliberations, and documents related to the investigation and review of any infected health care worker are confidential and shall be used...
• Section 22-11A-70 Promulgation of rules for administration
  (a) The State Board of Health may adopt rules necessary for the administration of this article. The State Board of Health, the Board of Medical...
• Section 22-11A-71 Entitlement to costs
  Individuals serving on review panels, or otherwise providing consultation or assistance to the State Health Officer in the enforcement of this article shall be entitled...
• Section 22-11A-72 Penalties
  (a) It shall be grounds for revocation, suspension, or restriction of the professional license of any licensed infected health care worker who shall be found...
• Section 22-11A-73 Reporting requirements; knowledge of infection through application
  Nothing in this article is intended to impose any reporting requirements on life, health, or disability income insurers who learn that an applicant or insured...
• Article 4 AIDS Task Force of Alabama, Incorporated.
• Section 22-11A-90 Organizations receiving funds
  The AIDS Task Force of Alabama, Incorporated (hereinafter referred to as ATFA) shall limit the disbursement of funds contained in Acts 1994, No. 94-363 or...
• Section 22-11A-91 Disbursement of funds
  The ATFA board of directors shall develop a formula for the distribution of all State Funds to the organizations enumerated in Section 22-11A-90. Before the...
• Section 22-11A-92 Expenses for administration
  The expenses which are charged by ATFA for the overall and general administration of public funds provided by Acts 1994, No. 94-363 or any other...
• Section 22-11A-93 Tax exemption
  All of the organizations listed in Section 22-11A-90 shall be exempt from the payment of any and all state, county, and municipal sales and use
• Article 5 Patient Infection Data Reporting and Collection.
• Section 22-11A-110 Short title
  This article shall be cited and known as the "Mike Denton Infection Reporting Act."
• Section 22-11A-111 Definitions
  For purposes of this article, the following terms shall have the following meanings: (1) DEPARTMENT. The Alabama Department of Public Health. (2) BOARD. The State...
• Section 22-11A-112 Health care facility acquired infection data collection and dissemination
  (a) The board, upon consultation with and approval of the council, shall establish and maintain a system for the protection, collection, and dissemination of health...
• Section 22-11A-113 Rules and regulations governing implementation
  By August 1, 2010, the board, after consultation with and the approval of the council, shall promulgate all rules and regulations pursuant to the Administrative...
• Section 22-11A-114 Reporting categories
  (a) All general, critical access, and specialized hospitals licensed pursuant to Section 22-21-20, shall report data on health care facility acquired infections for the specific...
• Section 22-11A-115 Submission of first report
  Within one year of the certification by the department, health care facilities shall make the first report due under this article. The board shall specify...
• Section 22-11A-116 Confidentiality of information
  Individual patient information submitted to the department under the provisions of this article shall not be public information. Reports and studies prepared and released by...
• Section 22-11A-117 Studies and publication
  The department may undertake a reasonable number of studies and publish information in collaboration with licensed health care providers based upon the data obtained pursuant...
• Section 22-11A-118 Health Care Data Advisory Council
  (a) There is established the Health Care Data Advisory Council to assist in developing regulations and standards necessary to implement the provisions of this article,...
• Section 22-11A-119 Rules and regulations governing penalties
  The board shall promulgate rules and regulations developed pursuant to the Administrative Procedure Act for certain civil monetary penalties for health care facilities which substantially...
• Section 22-11A-120 Rules and regulations governing dissemination and costs
  The board shall promulgate rules and regulations pursuant to the Administrative Procedure Act providing for the dissemination and costs of reports and publications to any...
• Section 22-11A-121 Use of data
  (a) The department shall utilize the data and information received for the benefit of the public. (b) Individual patient data submitted to the department by...
• Section 22-11A-122 Enforcement
  The department may bring civil actions in any court of competent jurisdiction, collect civil monetary penalties, and enforce compliance with this article or any requirement...
• Section 22-11A-123 Priority of federal program
  This article shall no longer have any force or effect and shall not be enforceable after the department determines that there has been an enactment...
• Section 22-11A-124 Construction
  This article shall be construed or interpreted as being in addition to other laws on the subjects covered by this article.
• Chapter 11B EXCHANGE OF IMMUNIZATION STATUS DATA.
• Section 22-11B-1 Health care providers upon request required to give immunization status of patients
  (a) Notwithstanding any of the confidentiality provisions in Chapter 11A of this title, or any other provisions of law, every public and private health care...
• Section 22-11B-2 Immunization registry
  Pursuant to and in furtherance of the purposes of this chapter, the State Board of Health is authorized to create and maintain an immunization registry....
• Section 22-11B-3 Medicaid recipients deemed to have given consent to information release with receipt of services
  Medicaid recipients shall be deemed to have given their consent to the release by the State Medicaid Agency of information to the State Board of...
• Section 22-11B-4 Limited immunity of person or entity providing information
  All persons, firms, corporations, or other public or private entities and all officers, agents, servants, or employees who provide information for exchange in good faith...
• Chapter 11C ALABAMA HEAD AND SPINAL CORD INJURY REGISTRY ACT.
• Section 22-11C-1 Short title
  This chapter shall be known and may be cited as the "Alabama Head and Spinal Cord Injury Registry Act."
• Section 22-11C-2 Legislative intent
  It is the intent of the Legislature to ensure the referral of persons who have traumatic brain and/or spinal cord injuries to a coordinated rehabilitation...
• Section 22-11C-3 Definitions
  For purposes of this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise. (1) TRAUMATIC BRAIN INJURY or HEAD...
• Section 22-11C-4 Alabama Statewide Head and Spinal Cord Injury Registry
  The State Health Officer may establish, contingent on the availability of funding, within the Department of Public Health the Alabama Statewide Head and Spinal Cord...
• Section 22-11C-5 Reporting injuries; access to records
  (a) Each case of confirmed head or spinal cord injury shall be reported within 90 days of admission or diagnosis in the manner prescribed by...
• Section 22-11C-6 Notice of available state assistance; referrals
  (a) The Department of Public Health shall establish procedures, after a report has been received for any person with a head or spinal cord injury,...
• Section 22-11C-7 Confidentiality; disclosure of information
  (a) All information reported pursuant to this chapter shall be confidential and privileged. (b) The State Health Officer shall take strict measures to ensure that...
• Section 22-11C-8 Exchange of information with other registries
  (a) The State Health Officer may enter into agreements to exchange confidential information with other head and/or spinal cord injury registries to obtain complete reports...
• Section 22-11C-9 Registry funding
  (a) The State Health Officer may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be...
• Section 22-11C-10 Advisory Panel on Head and Spinal Cord Injury
  The State Health Officer may establish and coordinate an Advisory Panel on Head and Spinal Cord Injury which shall provide governmental and non-governmental input regarding...
• Section 22-11C-11 Report of findings and recommendations
  The State Health Officer, with input from the advisory panel, shall prepare a report that describes findings from the Head and Spinal Cord Injury Registry...
• Section 22-11C-12 Liability under chapter
  (a) No person shall have any claim or cause of action against the State of Alabama, or its political subdivisions, or any individual arising out...
• Chapter 11D STATEWIDE TRAUMA SYSTEM.
• Section 22-11D-1 Legislative findings
  The Legislature finds that trauma is one of many severe health problems in the State of Alabama and a major cause of death and long-term...
• Section 22-11D-2 Definitions
  As used in this chapter, the following terms shall have the following meanings: (1) BOARD. The State Board of Health. (2) COMMUNICATIONS SYSTEM. A radio...
• Section 22-11D-3 Establishment and operation of statewide trauma system
  (a) The board, in consultation with, and having solicited the advice of the council, shall establish and maintain a statewide trauma system that shall include...
• Section 22-11D-4 Verification and certification of trauma or health care center status
  (a) With the advice of and after approval of the council, the board may adopt rules for verification and certification of trauma or health care...
• Section 22-11D-5 Establishment of council; composition; meetings
  (a) There is established the Statewide Trauma and Health Care Center Advisory Council to assist in developing regulations and standards necessary to implement this chapter...
• Section 22-11D-6 Statewide registries
  (a) The department shall establish a statewide trauma registry and may establish other registries to collect and analyze data on the incidence, severity, and causes...
• Section 22-11D-7 Designation of trauma care regions; regional trauma advisory councils
  (a) The board shall designate, by rule, trauma care regions, so that all parts of the state are within such regions. The regional designations shall...
• Section 22-11D-8 Rules and regulations
  (a) In accordance with the Alabama Administrative Procedure Act, the board, with the advice and after approval of the council, shall promulgate rules to implement...
• Section 22-11D-9 Statewide Trauma System Fund
  (a) The Statewide Trauma System Fund is created. The department shall distribute funding allocated to the department for the purpose of creating, administering, maintaining, or...
• Section 22-11D-10 Statewide Health System Fund
  (a) The Statewide Health System Fund is created. The department shall distribute funding allocated to the department for the purpose of creating, administering, maintaining, or...
• Chapter 11E CONSUSSION AND HEAD INJURIES IN YOUTH SPORTS.
• Section 22-11E-1 Legislative findings
  (a) The Legislature finds the following: (1) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and...
• Section 22-11E-2 Athletic head injury safety training
  (a) Each local school system and governing body of each sport or recreational organization shall develop guidelines and other pertinent information and forms to inform...
• Chapter 11F The Coach Safely Act.
• Section 22-11F-1 Short title
  This chapter shall be known and may be cited as the Coach Safely Act.
• Section 22-11F-2 Definitions
  For the purposes of this chapter, the following terms shall have the following meanings: (1) ASSOCIATION. Any organization that administers or conducts high risk youth...
• Section 22-11F-3 Course requirements for unpaid or volunteer coaches or athletics personnel associated with youth athletics associations
  (a) Any youth athletics association that sponsors or conducts sports training or high risk youth athletic activities for children age 14 years and younger shall...
• Chapter 12 QUARANTINE LAWS AND REGULATIONS.
• Section 22-12-1 Enforcement of quarantine
  Quarantine shall be enforced by the state, by counties and by incorporated cities and towns in accordance with the provisions of this chapter.
• Section 22-12-2 State quarantine authority paramount
  The quarantine authority of the state shall be paramount to that of any county, city or town therein.
• Section 22-12-3 Exercise of rights and duties by public health committees and officers
  Whenever in this chapter rights are granted to, or duties imposed upon, the State Board of Health or a county board of health, such rights...
• Section 22-12-4 Proclamation of quarantine by Governor
  The Governor, whenever he deems it necessary, or the State Board of Health, shall proclaim quarantine, and when proclaimed, said Board of Health shall enforce...
• Section 22-12-5 Amendment of regulations and changes of territory
  When proclamation of quarantine has been issued by the Governor, the State Health Officer may, subject to the approval of the State Board of Health,...
• Section 22-12-6 Investigations; quarantine pending investigations
  The State Health Officer, or any representative designated by him, may go into any place in this state for the purpose of making such investigations...
• Section 22-12-7 Refusal of investigation by authorities outside state
  Should permission for such investigation into the nature of the disease as is provided for in this chapter be refused by the authorities of any...
• Section 22-12-9 Duty of vessel master ordered to perform quarantine
  The master of any vessel, ordered to perform quarantine, must deliver, to the officer appointed to see it performed, his bill of health and manifest,...
• Section 22-12-10 Unauthorized removal of vessel from quarantine
  Any master or other person in charge of a vessel in quarantine who shall remove or take, or who shall aid or procure to be...
• Section 22-12-11 Violation of regulations as to arriving vessels
  Any person who violates the regulations prescribed by the corporate authorities of any town or city or by the county commissioner of any county in...
• Section 22-12-12 Proclamation of quarantine in county, city, or town
  Upon the recommendation of the board of health of a county, and subject to the approval of the State Board of Health, quarantine may be...
• Section 22-12-13 Enforcement of local quarantine
  When quarantine has been proclaimed for a county, incorporated city or town in accordance with the provisions of this chapter, its enforcement shall be entrusted...
• Section 22-12-14 Quarantine of infected portions of county - Establishment
  When a contagious or infectious disease of quarantinable nature exists in a part of a county, the remainder of the county, and any incorporated city...
• Section 22-12-15 Quarantine of infected portions of county - Enforcement
  A proclamation of quarantine issued in accordance with the provisions of Section 22-12-14 by the judge of probate, the presiding officer or any two members...
• Section 22-12-16 Expense of enforcing local quarantine
  The expense of enforcing any quarantine for a county, or for a portion thereof, as provided for in Sections 22-12-12 through 22-12-15, shall be defrayed...
• Section 22-12-17 Report of local quarantine to state
  Every quarantine declared or established by the authority of any county, incorporated city or town in this state, together with the regulations prescribed thereunder, shall...
• Section 22-12-18 Quarantine of person coming from infected place
  Any person, coming into a city or town by land from a place infected with a contagious disease, may be compelled to perform quarantine by...
• Section 22-12-19 Establishment of place of detention
  The authorities of any incorporated city or town may establish a place of detention for persons who may come from territory under quarantine by such...
• Section 22-12-20 Attempted escapes and escapes from detention
  Should a person who has been legally placed in detention by a county health officer or quarantine officer attempt to make his escape, such person...
• Section 22-12-21 Supervision of public conveyances affected by quarantine; refusal of freight, etc
  During the existence of quarantine, state or local, the supervision of trains, buses, aircraft and watercraft affected by such quarantine shall be placed under the...
• Section 22-12-22 Transportation of person or thing in violation of quarantine
  Any person, conductor, captain, agent or manager, operating either for himself or for a corporation a railroad, watercraft or other conveyance for the transportation of...
• Section 22-12-23 Free rides on public transports for quarantine officers
  (a) Written authority to act as quarantine officer for this state, or for any county, incorporated city or town therein, conducting a quarantine approved by...
• Section 22-12-24 Passing of quarantine lines by state quarantine officers and guards
  All state quarantine officers and guards, upon presentation of such credentials and compliance with such regulations as may be prescribed by the State Board of...
• Section 22-12-26 Arrests without warrants
  Any legal quarantine officer or guard may, without warrant, arrest a person who attempts to violate a quarantine regulation and carry such person either to...
• Section 22-12-29 Affidavits by persons desiring to enter or remain in certain places
  (a) Any person who makes affidavit before a quarantine officer or guard, engaged in enforcing quarantine for the protection of a place which said person...
• Chapter 12A PERINATAL HEALTH CARE.
• Section 22-12A-1 Short title
  This chapter may be cited as the Alabama Perinatal Health Act.
• Section 22-12A-2 Legislative intent; "perinatal" defined
  (a) It is the legislative intent to effect a program in this state of: (1) Perinatal care in order to reduce infant mortality and handicapping...
• Section 22-12A-3 Plan to reduce infant mortality and handicapping conditions; procedure, contents, etc
  The Bureau of Maternal and Child Health under the direction of the State Board of Health shall, in coordination with the State Health Planning and...
• Section 22-12A-4 Bureau of Maternal and Child Health to develop priorities, guidelines, etc
  The Bureau of Maternal and Child Health under the direction of the State Board of Health, and the State Perinatal Advisory Committee representing the regional...
• Section 22-12A-5 Bureau to present report to legislative committee; public health funds not to be used
  The Bureau of Maternal and Child Health under the direction of the State Board of Health shall annually present a progress report dealing with infant...
• Section 22-12A-6 Use of funds generally
  Available funds will be expended in each geographic area based on provisions within the plan developed in accordance with Section 22-12A-3. Funds when available will...
• Chapter 12B MOTHERS AND BABIES INDIGENT CARE TRUST FUND.
• Section 22-12B-1 Established; purpose
  There is hereby established the Alabama Mothers and Babies Indigent Care Trust Fund in the State Treasury for the purpose of providing for expansion of...
• Section 22-12B-2 Board established; composition; meetings; powers
  There is hereby established the Alabama Mothers and Babies Indigent Care Trust Board to administer said fund. The board shall consist of the Governor, who...
• Section 22-12B-3 Sources of funding
  The source of funding for moneys to be received by the Alabama Mothers and Babies Indigent Care Trust Fund shall include, without limitation, grants, appropriations,...
• Section 22-12B-4 Unobligated fund balance shall automatically carry forward into succeeding fiscal year
  Any unobligated balance in the Alabama Mothers and Babies Indigent Care Trust Fund shall not revert to the General Fund at the end of any...
• Chapter 12C ADMINISTRATION OF WOMEN, INFANTS, AND CHILDREN PROGRAM.
• Section 22-12C-1 Definitions
  For the purpose of this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) LOCAL AGENCY. A private,...
• Section 22-12C-2 Adoption of rules; application of Alabama Administrative Procedure Act
  (a) The State Board of Health may promulgate and adopt rules it deems necessary to carry out its responsibilities under this chapter and under relevant...
• Section 22-12C-3 Procedures for investigations, sanctions, penalties and contract terminations
  The State Board of Health may establish procedures for investigations, sanctions, penalties, and contract terminations for private nonprofit local agencies, WIC Program food vendors, suppliers,...
• Section 22-12C-4 Collection of erroneously paid moneys; collection costs recoverable
  (a) The State Board of Health may recover moneys erroneously paid to private nonprofit local agencies, WIC Program food vendors, suppliers, distributors, wholesalers, manufacturers, or...
• Section 22-12C-5 Probation or civil monetary penalties for food vendors; mitigation or settlement of adverse action
  (a) The State Board of Health may establish procedures to administer probation or civil monetary penalties, or both, to WIC Program food vendors. If probation...
• Section 22-12C-6 Designated account for monetary penalties or overcharges collected; expenditure of sums
  (a) A civil monetary penalty or overcharge collected by the State Board of Health shall be deposited in a dedicated account designated by the board...
• Section 22-12C-7 Fraud or abuse as a misdemeanor; fraud defined
  (a) Any person who obtains WIC Program benefits for himself or herself or for another by fraud or abuse or anyone who otherwise defrauds or...
• Section 22-12C-8 Appeal of adverse action; conflict with federal law
  A decision of the State Board of Health imposing any adverse action may be appealed pursuant to the Alabama Administrative Procedure Act. If there is...
• Section 22-12C-9 Cumulation of penalties
  The administrative, civil, and criminal remedies and penalties in this chapter are cumulative, and the use by the State Board of Health of one remedy...
• Chapter 12D OFFICE OF WOMEN'S HEALTH.
• Section 22-12D-1 Office established; purposes
  (a) The Office of Women's Health is established within the Alabama Department of Public Health for the following purposes: (1) To educate the public and...
• Section 22-12D-2 Financial contributions
  The Alabama Department of Public Health may seek and accept financial contributions from corporations, limited liability corporations, partnerships, individuals, and other private entities for use...
• Section 22-12D-3 Appointment of personnel
  The State Health Officer shall appoint personnel to staff the Office of Women's Health including an individual who shall serve as the director of the...
• Section 22-12D-4 Steering Committee on Women's Health
  (a) There shall be a steering committee called the Steering Committee on Women's Health that shall serve in an advisory capacity to the State Health...
• Section 22-12D-5 Funding
  The provisions of this chapter shall be carried out to the extent that funds are available.
• Chapter 13 CANCER.
• Article 1 General Provisions.
• Section 22-13-1 Plan for care of indigents; designation of cancer units
  Repealed by Act 2015-70 effective April 21, 2015.
• Section 22-13-3 Educational plan
  The State Board of Health, in collaboration with the Committee on Cancer Control of the Medical Association of the State of Alabama and other agencies,...
• Section 22-13-4 Educational campaign
  The board shall conduct an educational campaign relative to the importance of the early diagnosis of cancer. The State Health Officer shall publish an annual...
• Section 22-13-5 Annual program for early diagnosis of cancer
  The State Board of Health may, in its discretion, provide for such an annual program for the early diagnosis of cancer for residents of this...
• Section 22-13-13 Payment of expenses
  The expenses incurred in, and the cost of carrying out, the provisions of this article shall be paid out of the appropriation made to the...
• Article 2 Alabama Statewide Cancer Registry.
• Section 22-13-30 Short title
  This article shall be known and may be cited as the "Alabama Statewide Cancer Registry Act."
• Section 22-13-31 Registry established; reporting of confirmed cases
  (a) There is hereby established within the Department of Public Health the Alabama Statewide Cancer Registry for the purpose of providing accurate and up-to-date information...
• Section 22-13-32 Monthly reports; further information to be provided upon request
  (a) Each case of confirmed cancer or benign brain-related tumor shall be reported within 180 days of admission or diagnosis in the manner prescribed by...
• Section 22-13-33 Information to be confidential
  (a) All information reported pursuant to this article shall be confidential and privileged. (b) The State Health Officer shall take strict measures to ensure that...
• Section 22-13-34 State Health Officer authorized to enter into agreements to exchange confidential information with other cancer registries and to furnish confidential information to other states, cancer registries, etc
  (a) The State Health Officer may enter into agreements to exchange confidential information with other cancer registries to obtain complete reports of Alabama residents diagnosed...
• Section 22-13-35 Liability under article
  (a) No person shall have any claim or cause of action against the State of Alabama, or its political subdivisions, or any individual arising out...
• Article 3 Breast, Cervical, and Colorectal Cancer Awareness.
• Section 22-13-50 Definitions
  As used in this article, the following terms shall have the following meanings: (1) BOARD. The State Board of Health. (2) DEPARTMENT. The Alabama Department...
• Section 22-13-51 Establishment and purpose of programs
  The department shall establish programs for breast, cervical, and colorectal cancer awareness for the following purposes: (1) Reducing morbidity and mortality from breast, cervical, and...
• Section 22-13-52 Operation of programs; referral services
  The services provided pursuant to this article may be undertaken by private contracts or operated by the department, or both. The department may also provide...
• Section 22-13-53 Funding; federal waiver
  (a) The department shall distribute funding allocated to it for providing and administering services pursuant to this article. The department may seek any federal waiver...
• Section 22-13-54 Administration of article
  The board shall establish such rules, guidelines, policies, and protocols as may be necessary to implement and administer this article.
• Section 22-13-55 Implementation of article
  This article shall be implemented only to the extent that sufficient funds are made available for its implementation and administration.
• Article 4 Breast Cancer Education and Coverage.
• Section 22-13-70 Standardized summary of treatment methods, reconstruction options, and availability of coverage
  (a) The Alabama Department of Public Health shall develop a standardized written summary, in plain nontechnical language, which shall contain all of the following: (1)...
• Section 22-13-71 Mammography results, notification requirements; dense breast tissue
  (a) If the mammogram of a patient demonstrates dense breast tissue, the physician issuing the report of the mammography results shall provide notification to the...
• Chapter 13A OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT.
• Section 22-13A-1 Short title
  This chapter may be cited as the "Osteoporosis Prevention and Treatment Education Act of 1995."
• Section 22-13A-2 Legislative findings
  (a) The Legislature finds all of the following: (1) Osteoporosis, a bone-thinning disease, is a major public health problem that poses a threat to the...
• Section 22-13A-3 Purposes of chapter
  The purposes of this chapter are as follows: (1) To create and foster a multi-generational, statewide program to promote public awareness and knowledge about the...
• Section 22-13A-4 Establishment and promotion of program; duties of officer; strategies for raising public awareness and educating consumers and professionals
  (a) The State Department of Health, hereinafter referred to as "the department," shall establish, promote, and maintain an osteoporosis prevention and treatment education program in...
• Section 22-13A-5 Needs assessment; list of services and providers
  (a) The department shall conduct a needs assessment to identify any or all of the following: (1) Research being conducted within the state. (2) Available...
• Section 22-13A-6 Interagency Council on Osteoporosis
  (a) The department shall establish an Interagency Council on Osteoporosis. The State Health Officer, or his or her designee, shall chair the interagency council. The...
• Section 22-13A-7 Advisory Panel on Osteoporosis
  The Interagency Council on Osteoporosis shall establish and coordinate an Advisory Panel on Osteoporosis which shall provide non-governmental input regarding the Osteoporosis Prevention and Treatment...
• Section 22-13A-8 Department authorized to replicate programs and enter into contracts with organizations with expertise
  (a) The department may replicate and use successful osteoporosis programs and enter into contracts and purchase materials or services, or both, from organizations with appropriate...
• Section 22-13A-9 State Health Officer authorized to accept grants, services, and property from entities; federal waivers
  (a) The State Health Officer may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be...
• Section 22-13A-10 Implementation of chapter only to extent funds made available
  The provisions of this chapter shall be implemented only to the extent sufficient funds are made available for implementation and administration.
• Chapter 14 RADIATION.
• Article 1 Regulation of Sources of Ionizing Radiation.
• Section 22-14-1 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) BY-PRODUCT MATERIAL. Any radioactive...
• Section 22-14-2 Declaration of policy
  It is the policy of the State of Alabama in furtherance of its responsibility to protect the public health and safety: (1) To institute and...
• Section 22-14-3 Purpose of article
  It is the purpose of this article to effectuate the policies set forth in Section 22-14-2 by providing for: (1) A program of effective regulation...
• Section 22-14-4 State Radiation Control Agency; director and powers and duties thereof
  (a) The State Board of Health is hereby designated as the State Radiation Control Agency, hereinafter referred to as the agency. (b) The State Health...
• Section 22-14-5 Radiation Advisory Board of Health
  Repealed by Act 2014-73, §4, effective February 25, 2014.
• Section 22-14-6 Licensing or registration of persons dealing with radioactive materials
  (a) The agency shall provide, by rule or regulation, for general or specific licensing of persons to receive, possess or transfer by-product, source, special nuclear...
• Section 22-14-7 Right of entry and inspection
  The agency or its duly authorized representatives shall have the power to enter, at all reasonable times, upon any private or public property for the...
• Section 22-14-8 Records and reports
  (a) The agency shall require each person who acquires, possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage,...
• Section 22-14-9 Agreements with federal government; effect thereof on federal license
  (a) The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the...
• Section 22-14-10 Cooperative agreements for inspections, etc.; training programs
  (a) The agency is authorized to enter into an agreement or agreements with the federal government, other states or interstate agencies whereby this state will...
• Section 22-14-11 Administrative action and judicial review
  (a) In any proceeding under this article: (1) For the issuance or modification of rules and regulations relating to control or sources of ionizing radiation;...
• Section 22-14-12 Orders enjoining or directing compliance
  Whenever, in the judgment of the agency, any person has engaged in, or is about to engage in, any acts or practices which constitute, or...
• Section 22-14-13 Impounding of ionizing radiation sources
  The agency shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the...
• Section 22-14-14 Penalty for violation of article or rules, regulations or orders; notice of possible liability for civil penalty; civil action by Attorney General; considerations affecting amount of civil penalty; maximum penalty on small businesses; payment of penalty
  (a) Any person who willfully violates any of the provisions of this article or rules, regulations or orders of the agency in effect pursuant thereto...
• Section 22-14-15 Effect of article on local ordinances
  Ordinances, resolutions or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating to by-product,...
• Section 22-14-16 Non-consent of state to acquisition of land by federal government for disposal of nuclear waste
  Notwithstanding any law, order or regulation to the contrary, the State of Alabama does not consent to the acquisition by any agency, department or instrumentality...
• Article 1A Regulation and Certification of Volume Reduction of Low-Level Radioactive Wastes.
• Section 22-14-20 Adoption of rules requiring generators of low-level radioactive waste to implement best management practices as condition of access to disposal facilities
  The State Radiation Control Agency shall develop and adopt rules which require generator of low-level radioactive waste to implement best management practices, including prevention, minimization,...
• Section 22-14-21 Certification to another state or facility of compliance by facility with rules adopted under §22-14-20
  The State Radiation Control Agency shall determine and certify to another state or a facility, if requested by that state or facility, that a facility...
• Section 22-14-22 Certification of facilities licensed only by federal government; request for inspection; inspection fee; failure to pay fee
  The State Radiation Control Agency may issue a certification for facilities licensed only by the federal government if it has sufficient data, reports, and/or other...
• Article 2 Employee Background Investigations.
• Section 22-14-30 Inquiry into employee's criminal history by licensed nuclear facilities; "vital areas" defined
  Any person, firm or corporation which operates, constructs or maintains a nuclear powered electric generating facility within the state licensed by the United States Nuclear...
• Section 22-14-31 Fingerprints; search of criminal records by department; fees
  Any person, firm or corporation referred to in Section 22-14-30 shall submit to the Alabama State Law Enforcement Agency two sets of classifiable fingerprints of...
• Section 22-14-32 Submission of fingerprint cards to F.B.I
  The Alabama State Law Enforcement Agency shall submit one set of the classifiable fingerprint cards of such employee to the identification division of the Federal...
• Section 22-14-33 Liability of department
  The Alabama State Law Enforcement Agency or its employees shall not be liable for any action taken against any person by such employers as a...
• Section 22-14-34 Equivalent background investigations sufficient
  Any person employed by a nuclear powered electric generating facility which requires clearance or background investigation equivalent to the requirements set forth herein shall be...
• Section 22-14-35 Costs of implementing article
  All costs of implementing this article are to be borne by any person, firm or corporation which operates, constructs or maintains a nuclear powered electric...
• Chapter 15A ALABAMA CLEAN INDOOR AIR ACT.
• Section 22-15A-1 Short title
  This chapter shall be known and may be cited as the "Alabama Clean Indoor Air Act."
• Section 22-15A-2 Legislative findings
  The Legislature finds as follows: (1) Numerous studies have found that tobacco smoke may be a major contributor to indoor air pollution and that breathing...
• Section 22-15A-3 Definitions
  As used in this chapter, the following words and phrases shall have the following meanings: (1) BAR AND LOUNGE. Any establishment which is primarily devoted...
• Section 22-15A-4 Prohibition against smoking in public places; exceptions
  (a) No person shall smoke in a public place or at a public meeting except as otherwise provided in this subsection and in Section 22-15A-7....
• Section 22-15A-5 Written smoking policies by employers; designation of nonsmoking areas
  (a) By December 1, 2003, each employer having an enclosed place of employment may adopt, implement, make known, and maintain a written smoking policy which...
• Section 22-15A-6 Designation of smoking areas; requirements; nonsmoking policies
  (a) Pursuant to this section, the person in charge of a public place may designate an area for the use of smokers. Notwithstanding the foregoing,...
• Section 22-15A-7 Posting of "No Smoking" and "Smoking Area" signs; violations of chapter
  (a) A "No Smoking" sign or signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in...
• Section 22-15A-8 Enforcement of chapter; reporting violations
  (a) The department, in cooperation with other agencies, shall enforce this chapter and to implement enforcement shall adopt, in consultation with the State Fire Marshal,...
• Section 22-15A-9 Penalties
  Any person who violates Section 22-15A-4 commits a violation, punishable by a fine of twenty-five dollars ($25) for each violation. Jurisdiction shall be with the...
• Section 22-15A-10 Local laws, ordinances, or regulations
  Nothing in this chapter shall be construed to restrict the power of any county, city, town, or village to adopt and enforce local laws, ordinances,...
• Chapter 17 BARBER, MANICURE OR BEAUTY SHOPS.
• Section 22-17-1 Definitions
  For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BARBER. Any person who...
• Section 22-17-2 Applicability of chapter
  Any place or establishment in which any one or more of the following named services is regularly performed, for pay, shall be subject to the...
• Section 22-17-3 Duty of manager as to maintenance of shop and equipment
  Every manager of a barber, manicure or beauty shop shall keep the said shop, and all furniture, tools, appliances and other equipment used therein, at...
• Section 22-17-4 Water connections and waste disposal
  The owner and manager of every barber, manicure and beauty shop shall provide for regular use in the said shop hot and cold water connections...
• Section 22-17-5 Cleansing of hands
  Every barber, manicurist and cosmetologist shall cleanse his or her hands thoroughly before serving each patron.
• Section 22-17-6 Headrests
  The headrest of every barber or beauty shop chair shall be covered with a clean towel or clean new paper before any patron is served.
• Section 22-17-7 Use of certain materials prohibited
  The use of alum or other caustic material, except in powdered or liquid form, to stop the flow of blood and the use of a...
• Section 22-17-8 Service by persons having skin or venereal disease
  No operator of a barber, manicure or beauty shop shall permit any person suffering from a communicable skin disease or venereal disease to serve patrons...
• Section 22-17-9 Service of persons having inflamed, etc., skin
  No barber, manicurist or cosmetologist shall serve any person whose skin is inflamed, scabby or contains pus unless tools, equipment, etc., for his or her...
• Section 22-17-10 Treatment of skin diseases or infections prohibited
  The treatment of any skin disease or infection by a barber, manicurist or cosmetologist is hereby prohibited.
• Section 22-17-11 Use of shop or parlor as dormitory
  No person shall use a barbershop or beauty parlor as a dormitory, nor shall any operator of a barber shop or beauty parlor permit said...
• Chapter 17A REGULATION OF TATTOING, BRANDING, AND BODY PIERCING.
• Section 22-17A-1 Definitions
  As used in this chapter the following terms shall have the following meanings: (1) BODY PIERCING. The perforation of human tissue other than ear for...
• Section 22-17A-2 Parental consent required for minors; intoxicated, etc., individuals
  (a) An individual shall not tattoo, brand, or perform body piercing on another individual or a minor unless the individual obtains the prior written informed...
• Section 22-17A-3 Tattoo facility license
  (a) A person shall not tattoo, brand, or perform body piercing on another individual unless each of the following conditions is met: (1) The tattooing,...
• Section 22-17A-4 Inspection of tattoo facility
  (a) Before issuing a license to an applicant under this chapter, the department shall inspect the premises of the tattoo facility that is the subject...
• Section 22-17A-5 Renewal of license
  The owner or operator of a tattoo facility licensed under this chapter shall apply to the department for renewal of the license under this chapter...
• Section 22-17A-6 Requirements for operation of tattoo facility
  A person who owns or operates a licensed tattoo facility shall do each of the following: (1) Display the license in a conspicuous place within...
• Section 22-17A-7 Powers and duties of department
  (a) The department shall perform each of the following duties: (1) Enforce this chapter and the rules promulgated under this chapter. (2) Promulgate rules necessary...
• Section 22-17A-8 Penalties
  A person who violates this chapter or a rule promulgated under this chapter shall be guilty of a Class C misdemeanor, punishable by imprisonment for...
• Chapter 17B REGULATION OF TANNING FACILITIES.
• Section 22-17B-1 Definitions
  For purposes of this chapter, the following terms shall have the following meanings: (1) OPERATOR. A person designated by the tanning facility owner or tanning...
• Section 22-17B-2 Restrictions on use of tanning devices
  The use of a tanning device at a tanning facility in this state is subject to the following restrictions: (1) No person 16 or 17...
• Section 22-17B-3 Warning required with written consent
  The written consent required to be signed by a parent or legal guardian as required in Section 22-17B-2 shall contain the following warning: "Danger. Ultraviolet...
• Chapter 18 AMBULANCES.
• Article 1 Training, Qualification and Licensing.
• Section 22-18-1 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) ADVANCED EMERGENCY MEDICAL TECHNICIAN....
• Section 22-18-2 Exceptions to applicability of chapter
  The provisions of this article shall not apply to volunteer rescue squads that are members of the Alabama Association of Rescue Squads, Inc., and which...
• Section 22-18-3 Rules and regulations
  (a) In the manner provided in this section, the Board of Health shall establish and publish reasonable rules and regulations for the training, qualification, scope...
• Section 22-18-4 Fees of licenses; disposition of funds; qualifications for EMSP licensure
  (a) In addition to all other fees now payable, the Board of Health shall establish, by rule, a fee for EMSP and air or ground...
• Section 22-18-5 Advisory board
  Repealed by Act 2016-394, §2, effective May 12, 2016.
• Section 22-18-10
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 22-18-6 Violations; good Samaritan provisions; scope of privilege; control of emergency scene; penalties
  (a) It shall be a Class A misdemeanor for any person, firm, company, corporation, organization, facility, or agency to do any of the following: (1)...
• Section 22-18-7 Article cumulative; powers of municipalities
  This article is cumulative and shall not be construed as limiting any power or authority of any municipality to set standards equal to, or above,...
• Section 22-18-8 Reimbursement by new employer for training expenses
  In those instances in which EMSP of any municipality, county, fire district, or the state are employed by the State of Alabama, any county, fire...
• Section 22-18-9 Criminal history background checks
  (a) When reviewing an applicant for initial licensure under this article, the Board of Health may require a fingerprint-based state and national criminal background check...
• Article 2 Alabama Emergency Medical Services Education Commission.
• Section 22-18-20 Commission created
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 22-18-21 Travel and per diem expenses
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 22-18-22 Times and places of meetings
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 22-18-23 Expenditure of appropriated funds; grants
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Article 3 Emergency Medical Services.
• Section 22-18-40 State Emergency Medical Control Committee
  (a) The board shall be assisted in formulating rules and policy pertaining to emergency medical services by the State Emergency Medical Control Committee (SEMCC). Each...
• Section 22-18-41 Advanced life support techniques; procurement, carriage, and use of drugs and fluids; performance of services
  (a) The board may by rule designate certain procedures as advanced life support techniques, which may be performed by EMSP during emergencies, such as situations...
• Section 22-18-42 Regulation of certain types of care and personnel; purchase of drugs and fluids
  This chapter shall govern and it shall authorize the Board of Health to regulate only emergency medical care provided outside of hospitals, EMSP who provide...
• Section 22-18-43 Board of Health shall follow Administrative Procedure Act
  In carrying out its duties and responsibilities under this chapter, the board shall follow the Administrative Procedure Act.
• Section 22-18-44 Applicability of chapter and rules of board to volunteer fire departments
  Neither the provisions of this chapter nor rules of the board adopted thereunder shall apply to volunteer fire departments which are not regularly engaged in...
• Article 4 Emergency Medical Services Personnel Licensure Inerstate Compact
• Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate Compact
  The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form...
• Article 5 Volunteer Rescue Squad and Volunteer Firefighters Tuition Reimbursement Act.
• Section 22-18-60 Definitions
  For the purposes of this article, the following terms shall have the following meanings: (1) ACCS. The Alabama Community College System. (2) ASSOCIATIONS. The Alabama...
• Section 22-18-61 Development and administration of program
  (a) The Alabama Community College System, the Alabama Fire College, and the University of South Alabama, in consultation with the associations, shall jointly develop and...
• Section 22-18-62 Institutions authorized to contract with students
  Beginning October 1, 2018, the member institutions of the ACCS, the Fire College, and the University of South Alabama may enter into contracts with new...
• Section 22-18-63 Funding
  (a) The tuition reimbursement program is subject to direct appropriations from the Education Trust Fund. (b) Any monies appropriated for the program that are unexpended...
• Section 22-18-64 Annual report; joint agreement; disposition of funds
  (a) The ACCS shall annually report on the condition and accomplishments of the tuition reimbursement program to the Governor, Speaker of the House of Representatives,...
• Chapter 19 DEAD BODIES.
• Article 1 General Provisions.
• Section 22-19-1 Regulation of transportation of dead bodies
  The State Board of Health shall prescribe the rules and regulations under which the bodies of deceased persons may be brought into, or transported through,...
• Section 22-19-2 Body removed from state to be embalmed or cremated; exception
  It shall be unlawful for any person, firm or corporation to take, carry, transport or remove from within the confines of this state any dead...
• Section 22-19-3 Burial or removal permits for dead bodies; certificates of birth or death
  Any person, for himself or as an officer, agent or employee of any other person or of any corporation or partnership, who shall: (1) Inter,...
• Section 22-19-4 Ministers at funerals to ascertain if burial permit has been secured
  Every minister of the gospel or other person conducting religious services at a funeral shall inquire whether or not a burial or removal permit has...
• Section 22-19-5 Use of approved identification system
  (a) Each funeral establishment taking possession of a dead human body shall maintain an identification system approved by the Alabama Board of Funeral Service. The...
• Article 2 Distribution of Unclaimed Bodies for Scientific Study.
• Section 22-19-20 State of Alabama Anatomical Board - Composition; secretary
  The State Health Officer, the Dean of the School of Medicine and the head of the Department of Anatomy of the University of Alabama in...
• Section 22-19-21 State of Alabama Anatomical Board - Powers; records
  The said board shall have full power to establish rules and regulations for its government and to appoint and remove its officers and shall keep...
• Section 22-19-22 Notice of possession of bodies required to be buried at public expense; delivery to board; authorization to solicit dead bodies from counties
  All public officers of this state and their assistants and all officers and their deputies of every county, city, town or other municipality and of...
• Section 22-19-23 When bodies not to be delivered to board
  No notice shall be given, nor shall any such body or bodies be delivered, if any person shall satisfy the authorities in charge of said...
• Section 22-19-24 Holding period; notice of death
  Such body or bodies shall, in each and every instance, be held and kept by the person or persons having charge or control of it...
• Section 22-19-25 Distribution of bodies to schools
  The said board, or its duly authorized agent, may take and receive such bodies so delivered as provided in this article and shall, upon receiving...
• Section 22-19-26 Preservation of bodies for 60 days by schools pending claims therefor
  Said schools, upon receiving them, and before any use is made of them, and without unnecessary mutilation or dissection shall cause them to be properly...
• Section 22-19-27 Disposal of bodies after use by schools
  When said bodies have been so used and are no longer needed or serviceable for objects mentioned in this article, they shall be decently interred,...
• Section 22-19-28 Carriers for conveyance of bodies; receipts for bodies
  The said board may employ a carrier or carriers for the conveyance of said bodies, which shall be enclosed in a suitable encasement and carefully...
• Section 22-19-29 Payment of expenses for delivery or distribution of bodies
  Neither the state, nor any county or municipality nor any officer, agent or servant thereof shall be at any expense by reason of delivery or...
• Section 22-19-30 Penalty for violation of article
  Any person having duties enjoined upon him by the provisions of this article or other health laws of this state relating to the distribution of...
• Article 3 Uniform Anatomical Gift Act.
• Section 22-19-40 Short title
  (a) This article may be cited as the Alabama Uniform Anatomical Gift Act of 1969. (b) This article shall only apply to gifts made prior...
• Section 22-19-41 Definitions
  For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) BANK or STORAGE FACILITY....
• Section 22-19-42 Who may donate all, or part of, body; rights of donees
  (a) Any individual of sound mind and 18 years of age or older may give all, or any part of, his body for any purposes...
• Section 22-19-43 Institutions or persons who may become donees; purposes for which anatomical gifts may be made
  The following persons may become donees of gifts of bodies, or parts thereof, for the purposes stated: (1) Any hospital, surgeon or physician for medical...
• Section 22-19-44 Modes of executing gift
  (a) A gift of all or part of the body under subsection (a) of Section 22-19-42 may be made by will. The gift becomes effective...
• Section 22-19-45 Delivery or deposit of gift document
  If the gift is made by the donor to a specified donee, the will, card or other document, or an executed copy thereof, may be...
• Section 22-19-46 Amendment or revocation of gift
  (a) If the will, card or other document, or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke...
• Section 22-19-47 Powers, duties and liabilities upon death
  (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, he may, subject to the terms...
• Article 3A Alabama Uniform Anatomical Gift Act
• Section 22-19-50 Short title
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-51 Definitions
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-52 Making, amending, revoking, and refusing to make anatomical gifts by individual
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-53 Making, revoking, and objecting to anatomical gifts by others
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-54 Authorization by coroner; medical examiner; local public health official
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-55 Routine inquiry and required request; search and notification
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-56 Persons who may become donees; purposes for which anatomical gifts may be made
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-57 Delivery of document of gift
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-58 Rights and duties at death
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59 Coordination of procurement and use
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.1 Sale or purchase of parts prohibited
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.2 Examination, autopsy, liability
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.3 Administrative rules
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.4 Legislative recognition
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.5 Transitional provisions
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.6 Uniformity of application and construction
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Section 22-19-59.7 Severability
  Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
• Article 4 Anatomical Gifts by Holders of Drivers' Licenses or Nondriver Identification Cards.
• Division 1 Anatomical Gifts by Sworn Affidavit.
• Section 22-19-60 Gift made by execution of affidavit to be filed with Alabama State Law Enforcement Agency; notice of intent and specific gift to be noted on driver's license or nondriver identification card; when gift effective; execution and acknowledgment of affidavit; effect of expiration, revocation, renewal, etc., of license or card
  (a) A gift of all or part of the body may be made by the holder of a valid Alabama Driver's License or nondriver identification...
• Section 22-19-61 Immunity from civil liability of officers and employees of Alabama State Law Enforcement Agency
  The officers and employees of the Alabama State Law Enforcement Agency shall be immune from any civil liability for any acts or omissions in carrying...
• Division 2 Anatomical Gifts by Application for Driver's License or Nondriver's Identification.
• Section 22-19-70 Inclusion of question regarding organ donation as part of driver's license or nondriver identification card application system; notation of affirmative response on license or card
  No later than January 1, 1998, the Alabama State Law Enforcement Agency shall redesign the driver's license and nondriver identification card application system to process...
• Section 22-19-71 Distribution of informational brochure; promotion of organ and tissue donation by Director of the Alabama State Law Enforcement Agency
  A brochure provided by the federally certified Alabama Organ Procurement Organization that is a member of and abides by the rules and regulations of United...
• Section 22-19-71.1 Promotion of organ donation through the application and renewal process for driver's licenses
  (a) This section shall be named Angelynn and Courtney's Law. (b) The Legislature finds: (1) There is an acute need for organ donors in Alabama...
• Section 22-19-72 Sticker or decal indicating desire to be organ donor
  The Director of the Alabama State Law Enforcement Agency shall designate a space on each driver's license and nondriver identification card issued where the licensee...
• Section 22-19-73 Statistical and demographic information on organ donor designations
  The Alabama State Law Enforcement Agency shall quarterly electronically transfer statistical and demographic information including, but not limited to, the name, most recent address, and...
• Section 22-19-74 Driver's license, nondriver identification card, etc., to accompany individual to hospital in event of accident or trauma; return of driver's license or nondriver identification card in event of death
  Police and emergency personnel responding to the scene of an accident or trauma shall take reasonable steps to insure that the driver's license or nondriver...
• Article 5 Taking of Blood and Urine Samples From Certain Dead Bodies.
• Section 22-19-80 Authority of coroners, deputy coroners, State Toxicologist and law enforcement officers; purpose of taking samples
  (a) Each duly elected or appointed coroner in the State of Alabama is authorized to withdraw and retain or direct the withdrawal and retention of...
• Section 22-19-81 Persons who may be directed to withdraw samples
  Only a physician, registered nurse, duly licensed clinical laboratory technologist, clinical laboratory technician, mortician, licensed embalmer or licensed practicing embalmer may be directed by a...
• Section 22-19-82 Exemption from civil and criminal liability
  (a) No coroner, deputy coroner, the State Toxicologist and his designated or appointed assistants, mortician, licensed embalmer, physician, registered nurse, duly licensed clinical laboratory technologist...
• Article 6 Eye Enucleation.
• Section 22-19-100 Training of eye bank employees in eye tissue procurement
  The Alabama Eye Bank is authorized to train employees of the eye bank in principles and procedures of sterile eye tissue procurement pursuant to the...
• Section 22-19-101 Certification of qualifications, proficiency, etc
  The Medical Director and the Executive Director of the Alabama Eye Bank shall certify that no employee shall be allowed to perform eye tissue procurement...
• Section 22-19-102 Establishment of standards, procedures, etc
  The Medical Director and the Executive Director of the Alabama Eye Bank are authorized to establish and promulgate the standards, measures, procedures, and recommendations necessary...
• Section 22-19-103 Employees to comply with Alabama Uniform Anatomical Gift Act; no liability
  Any employee of the Alabama Eye Bank who is trained in donor eye tissue procurement under this article shall comply with the provisions of the...
• Section 22-19-104 Article cumulative
  This article does not supersede, modify, or amend prior acts, specifically Sections 34-13-150 through 34-13-152.
• Article 7 Acquisition and Transportation of Donor Organs, Bones and Tissues.
• Section 22-19-120 Legislative intent
  (a) The acquisition and transportation and transplantation of donor organs, bones and tissues is becoming more common place as new scientific and technological developments find...
• Section 22-19-121 Definitions
  As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) CHAIRMAN. The Chairman of...
• Section 22-19-122 Promulgation of proficiency standards and quality assurance measures; certification to acquire and transport organs, etc.; updating of quality assurance standards
  (a) The Chairman of the Department of Surgery of the School of Medicine at the University of Alabama at Birmingham is authorized to establish and...
• Section 22-19-123 Adherence to quality assurance standards
  Any person providing any service pertaining to the acquisition and/or transportation of donor organs, bones and tissues retrieved in Alabama, shall strictly adhere to and...
• Section 22-19-124 Sanctions for violations of article
  Any person providing services in violation of the established policies and procedures and standards for quality assurance, as established and promulgated by the chairman, shall...
• Section 22-19-125 Immunity of persons complying with article and Alabama Uniform Anatomical Gift Act
  Any person who, in good faith, follows the policies and procedures and standards as established by the chairman for quality assurance, and complies with the...
• Section 22-19-126 Construction with other laws; state standards to be consistent with federal standards
  (a) The provisions of this article are cumulative and insofar as possible, they shall be construed in pari materia with other laws relating to the...
• Article 8 Lifesaving Organ Procurement Act.
• Section 22-19-140 Legislative intent
  (a) The Legislature of Alabama is acutely aware of the serious shortage of organs needed for transplantation. In its concern with this shortage of organs,...
• Section 22-19-141 Definitions
  As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) ORGAN. Organs, tissues, eyes,...
• Section 22-19-142 Request for consent to an anatomical gift; request not required where anatomical gift would not be suitable for use
  (a) When death occurs in a hospital to a patient who has not made an anatomical gift to take effect upon death, the hospital administrator,...
• Section 22-19-143 Immunity of persons complying with article
  Any person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of this state, or...
• Section 22-19-144 Construction with other laws
  The provisions of this article are cumulative and, insofar as possible, they shall be construed in pari materia with other laws relating to the public...
• Article 9 Revised Uniform Anatomical Gift Act.
• Section 22-19-160 Short title
  This article may be cited as the Revised Uniform Anatomical Gift Act.
• Section 22-19-161 Definitions
  In this article: (1) "Adult" means an individual who is at least 18 years of age. (2) "Agent" means an individual: (A) authorized to make...
• Section 22-19-162 Applicability
  This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
• Section 22-19-163 Who may make anatomical gift before donor's death
  Subject to Section 22-19-167, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose...
• Section 22-19-164 Manner of making anatomical gift before donor's death
  (a) A donor may make an anatomical gift: (1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to...
• Section 22-19-165 Amending or revoking anatomical gift before donor's death
  (a) Subject to Section 22-19-167, a donor or other person authorized to make an anatomical gift under Section 22-19-163 may amend or revoke an anatomical...
• Section 22-19-166 Refusal to make anatomical gift; effect of refusal
  (a) An individual may refuse to make an anatomical gift of the individual's body or part by: (1) a record signed by: (A) the individual;...
• Section 22-19-167 Preclusive effect of anatomical gift, amendment, or revocation
  (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a...
• Section 22-19-168 Who may make anatomical gift of decedent's body or part
  (a) Subject to subsections (b) and (c) and unless barred by Section 22-19-166 or 22-19-167, an anatomical gift of a decedent's body or part for...
• Section 22-19-169 Manner of making, amending, or revoking anatomical gift of decedent's body or part
  (a) A person authorized to make an anatomical gift under Section 22-19-168 may make an anatomical gift by a document of gift signed by the...
• Section 22-19-170 Persons that may receive anatomical gift; purpose of anatomical gift
  (a) An anatomical gift may be made to the following persons named in the document of gift: (1) a hospital; accredited medical school, dental school,...
• Section 22-19-171 Search and notification
  (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document...
• Section 22-19-172 Delivery of document of gift not required; right to examine
  (a) A document of gift need not be delivered during the donor's lifetime to be effective. (b) Upon or after an individual's death, a person...
• Section 22-19-173 Rights and duties of procurement organization and others
  (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records...
• Section 22-19-174 Coordination of procurement and use
  Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
• Section 22-19-175 Sale or purchase of parts prohibited
  (a) Except as otherwise provided in subsection (b), a person, that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if...
• Section 22-19-176 Other prohibited acts
  A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation...
• Section 22-19-177 Immunity
  (a) In the absence of wantonness or willful misconduct, a person that acts in accordance with this article or with the applicable anatomical gift law...
• Section 22-19-178 Law governing validity; choice of law as to execution of document of gift; presumption of validity
  (a) A document of gift is valid if executed in accordance with: (1) this article; (2) the laws of the state or country where it...
• Section 22-19-179 Donor registry
  (a) The Alabama State Law Enforcement Agency may establish or contract for the establishment of a donor registry. (b) The Alabama State Law Enforcement Agency...
• Section 22-19-180 Effect of anatomical gift on advance health care directive
  (a) In this section: (1) "Advance health care directive" means a power of attorney for health care or a record signed or authorized by a...
• Section 22-19-181 Cooperation between coroner, medical examiner, and procurement organization
  (a) A coroner or medical examiner or district attorney or local public health official or a designee shall cooperate with procurement organizations to maximize the...
• Section 22-19-182 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner or medical examiner
  (a) Upon request of a procurement organization, a coroner or medical examiner shall release to the procurement organization the name, contact information, and available medical...
• Section 22-19-183 Uniformity of application and construction
  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject...
• Section 22-19-184 Relation to Electronic Signatures in Global and National Commerce Act
  This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify,...
• Chapter 20 MISCELLANEOUS HEALTH LAWS.
• Section 22-20-1 Use of common drinking cups or towels in public places prohibited
  It shall be unlawful to provide for use, or permit the use of, a common drinking cup or a common towel in any hotel, restaurant,...
• Section 22-20-2 Prevention of infantile blindness
  Any physician, midwife, nurse or other person in attendance on a confinement case shall, within two hours after the birth of the child, use one...
• Section 22-20-3 Neonatal testing for certain diseases; rules and regulations for treatment thereof
  (a) It shall be the duty of the administrative officer or other persons in charge of each institution caring for infants 28 days or less...
• Section 22-20-3.1 Educational information on pertussis to be provided prior to discharge of newborn child
  (a) During the postpartum period, before discharging a newborn child, a hospital shall provide parents with educational information on pertussis disease. The information provided to...
• Section 22-20-4 Location and extension of cemeteries
  Whenever it is proposed to locate a cemetery or to extend the boundaries of an existing cemetery, the party or parties so proposing shall make...
• Section 22-20-5 Regulations for establishments handling food and providing public accommodations
  (a) The State Committee on Public Health shall, as conditions demand, adopt and promulgate regulations for the construction, maintenance and operation of all establishments, and...
• Section 22-20-5.1 Cottage food production
  (a) For purposes of this section, the following words have the following meanings: (1) BAKED GOOD. Includes cakes, breads, Danish, donuts, pastries, pies, and other...
• Section 22-20-5.2 Food service establishments to secure covers of grease traps
  (a) This section shall be known and may be cited as the Sadie Grace Andrews Act. (b) This section shall apply to commercial food service...
• Section 22-20-6 Butchering, etc., of legally taken wild animals
  Any rule or regulation of the Health Department to the contrary notwithstanding, legally taken deer, turkeys and any other wild animal may be butchered, killed...
• Section 22-20-7 Inspection of dairy farms, milk-cooling stations, etc
  The State Board of Health shall inspect dairy farms, milk-cooling stations, milk-processing plants and creameries for grading the milk and cream output of such establishments....
• Section 22-20-8 Depositing dead animals or nauseous substances in water supplies
  It shall be unlawful for any person to knowingly deposit any dead animal or nauseous substance in any source, standpipe or reservoir from which water...
• Section 22-20-9 Depositing dead animals or fowl in running streams
  Any person who deposits the body of a dead animal or fowl in any running stream must, on conviction, be fined $10.00, and one half...
• Section 22-20-10 Duty to drain areas in construction works
  Any person, firm or corporation engaged in the construction of any railroad, public highways or other construction work in Alabama shall drain all borrow pits,...
• Section 22-20-11 Restrictions on retail sales of certain poisons
  (a) It shall be unlawful for any person to retail any poisons enumerated in Schedules "A" and "B" which are as follows, except upon the...
• Section 22-20-12 Advertisements concerning impotency, prostatic troubles, etc
  Any person who shall, directly or indirectly, publish, deliver or distribute, or cause to be published, delivered or distributed, in any manner, whatsoever, any advertisement...
• Chapter 20A SOURCE OR ORIGIN OF FISH PRODUCTS.
• Article 1 Source or Origin of Farm-Raised and Wild Fish.
• Section 22-20A-1 Legislative findings
  The Legislature hereby finds and declares the consumer's right to know the source or origin of a food product for human consumption is paramount and...
• Section 22-20A-2 Definitions
  For purposes of this article, the following terms shall have the following meanings: (1) BOARD. The State Board of Health as defined in Section 22-2-3....
• Section 22-20A-3 Suppliers and food service establishments to provide required information
  (a) Any person who supplies farm-raised fish or wild fish to a food service establishment shall provide information of the country of origin of the...
• Section 22-20A-4 Labeling requirements
  Any labeling requirements as to farm-raised fish and wild fish offered for direct retail sale for human consumption by a food service establishment may comply...
• Section 22-20A-5 Rules and regulations
  The board shall promulgate rules as may be necessary for the enforcement of this article, such rules to be promulgated according to the Administrative Procedure
• Section 22-20A-6 Governmental cooperation
  The board may cooperate with and enter into agreements with governmental agencies of this state or agencies of the federal government in order to carry...
• Section 22-20A-7 Enforcement
  The State Health Officer may apply for and the court may grant a temporary restraining order or permanent injunction restraining any person from violating or...
• Section 22-20A-8 Violations
  (a) Any food service establishment violating this article or the rules promulgated thereunder, after notice and a hearing, shall be subject to penalties on a...
• Article 2 Country of Origin of Catfish Products.
• Section 22-20A-30 Definitions
  For purposes of this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) BOARD. The State Board of...
• Section 22-20A-31 Advertising restrictions; food service establishments to provide required information
  (a) A food service establishment shall not advertise or label a food item as catfish unless it is fish classified within the family of Ictaluridae....
• Section 22-20A-32 Violations
  (a) Any food service establishment engaged in the sale or advertising of catfish products in violation of this article shall be subject to civil penalties....
• Article 3 Processing of Shrimp.
• Section 22-20A-50 Processing at harvesting site
  Any shrimp harvested from inland ponds or farms may be processed at the site where the harvesting occurs pursuant to rules adopted by the Alabama...
• Chapter 21 HOSPITALS AND OTHER HEALTH CARE FACILITIES GENERALLY.
• Article 1 General Provisions.
• Section 22-21-1 Establishment of hospitals by local authorities
  The corporate authorities of any town or city and the county commission of any county may each establish, within the town or city or within...
• Section 22-21-2 Appropriations for indigent persons in hospitals
  The governing body of any county or municipality in this state may make an appropriation or appropriations out of their respective treasuries to aid in...
• Section 22-21-3 Scholarships for professional and technical personnel at public hospitals
  (a) This section shall apply to any public hospital in this state, operated on a municipal-county basis, on a county basis, on a municipal basis...
• Section 22-21-4 Annual audit of books and records of publicly owned medical institutions
  (a) The books and records of publicly owned hospitals, nursing homes, rest homes or any other publicly owned medical institution may, upon request of the...
• Section 22-21-5 Incorporation of public bodies created under chapter; powers of same
  (a) Any public body heretofore or hereafter created and established by ordinance or resolution pursuant to this chapter may become a body corporate and politic...
• Section 22-21-6 Certain public hospital corporations exempted from usury and interest rate limitation laws
  (a) Bonds, notes and other securities issued by any public hospital corporation are hereby exempted from all laws of the state governing usury or prescribing...
• Section 22-21-7 Itemized statement of services rendered to be furnished patient upon request; provisions of statement; itemization of services and expenses; action by Attorney General; payment of claims by insurance companies
  (a) For the purposes of this section, the term "hospital" shall mean any hospital in which human patients are given medical care. It shall include...
• Section 22-21-8 Confidentiality of accreditation, quality assurance credentialling materials, etc
  (a) Accreditation, quality assurance and similar materials as used in this section shall include written reports, records, correspondence, and materials concerning the accreditation or quality...
• Section 22-21-9 Name tags, etc., required for nurses
  (a) Each health care provider and facility in Alabama which employs or contracts for the employment of one or more registered nurses shall require each...
• Section 22-21-10 Flu and pneumonia vaccinations for long term care facility residents and employees
  (a) As used in this section, the following words have the following meanings: (1) EMPLOYEE. An individual who is a part-time or full-time employee of...
• Section 22-21-11 Mandatory reporting of any injury resulting from gunshot; liability
  (a) Any physician, nurse, or employee thereof or agent of the same and any employee or agent of a hospital, mental health facility, clinic, or...
• Article 2 Licensing of Hospitals, Nursing Homes, and Other Health Care Institutions.
• Section 22-21-20 Definitions
  For the purpose of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) HOSPITALS. General and specialized...
• Section 22-21-21 Purpose of article
  The purpose of this article is to promote the public health, safety and welfare by providing for the development, establishment and enforcement of standards for...
• Section 22-21-22 License - Required; exceptions
  No person shall establish, conduct or maintain any hospital as defined in Section 22-21-20 without first obtaining the license provided in this article. Hospitals operated...
• Section 22-21-23 License - Application
  Any person desiring licensing under this article shall apply to the State Board of Health therefor. The applicant shall state the name of the applicant...
• Section 22-21-24 License - Fees; expiration and renewal; accreditation
  The application for a license to operate a hospital other than an assisted living facility or a specialty care assisted living facility rising to the...
• Section 22-21-25 License - Issuance; suspension or revocation; new applications after revocation
  (a) The State Board of Health may grant licenses for the operation of hospitals which are found to comply with the provisions of this article...
• Section 22-21-26 License - Judicial review of suspension or revocation
  Any party aggrieved by a final decision or order of the Board of Health suspending or revoking a license is entitled to a review of...
• Section 22-21-27 Advisory board
  (a) There shall be an advisory board of 17 members to assist in the establishment of rules, regulations, and standards necessary to carry out this...
• Section 22-21-28 Rules and regulations
  (a) In the manner provided in this section, the State Board of Health, with the advice and after approval by the advisory board, shall have...
• Section 22-21-29 Inspections
  (a) Every hospital licensed under this article shall be open to inspection to the extent authorized in this section by employees and agents of the...
• Section 22-21-30 Disclosure of information
  Information received by the State Board of Health through on-site inspections conducted by the state licensing agency is subject to public disclosure and may be...
• Section 22-21-31 Practice of medicine, etc., not authorized; child placing
  Nothing in this article shall be construed as authorizing any person to engage in any manner in the practice of medicine or any other profession...
• Section 22-21-33 Penalties for operation of or referring persons to unlicensed hospital
  (a)(1) Any individual, association, corporation, partnership, limited liability company, or other business entity who operates or causes to be operated a hospital of any kind...
• Section 22-21-34 Assisted living facility, etc., rising to level of intermediate care
  Under the circumstances listed below, an assisted living facility or a specialty care assisted living facility rising to the level of intermediate care may be...
• Section 22-21-35 Licensure of abortion clinic or reproductive health center located within 2,000 feet of a K-8 public school
  (a) For the purposes of this section, the term public school means kindergarten through grade 8, inclusive, of those educational institutions operated under the auspices...
• Article 2A Review of New Construction, Addition, or Alteration of Hospital or Health Care Facility by Board of Health.
• Section 22-21-40 Approval of design and construction of project
  No licensee of the State Board of Health or Department of Public Health, applicant for licensure from the State Board of Health or Department of...
• Section 22-21-41 Duties of State Board of Health
  When the State Board of Health receives submittals of plans, drawings, and specifications for the construction, addition to, or alteration of health care facilities for...
• Section 22-21-42 Review and final inspection
  The State Board of Health shall send written review comments to the project architect within 60 calendar days for projects costing less than fifteen million...
• Section 22-21-43 Schedule of fees
  The State Board of Health may charge fees in accordance with the following schedule based on the cost of building construction: Construction Cost Fee (percent...
• Section 22-21-44 Payment of fees
  An initial fee payment of five hundred dollars ($500) shall accompany the first drawing submittal for each project. Upon written approval of the final stage...
• Section 22-21-45 Rules and regulations; review by advisory board
  The State Board of Health shall establish rules and regulations to carry out the purpose of this article. These rules and regulations shall be reviewed...
• Section 22-21-46 Plan Review Fund
  There is established a separate special revenue trust fund in the State Treasury to be known as the Department of Public Health Plan Review Fund....
• Article 3 Public Hospital Associations.
• Section 22-21-50 Proceedings to establish
  (a) Any one or more local governing bodies located in the same or contiguous counties, within a zone determined by the State Board of Health...
• Section 22-21-51 Directors - Appointment; term; vacancies; quorum; compensation; loss of seat
  (a) A hospital association shall consist of the directors appointed by the local governing bodies, and the directors shall elect from among their number the...
• Section 22-21-52 Directors - Annual meeting; constitution and bylaws; executive committee
  The directors shall meet annually and shall adopt a constitution and bylaws of the corporation, said constitution and bylaws to be subject to the approval...
• Section 22-21-53 Powers
  (a) Any district or regional hospital association is hereby authorized and empowered to exercise the following powers in addition to others granted in this article:...
• Section 22-21-54 Validation of noncomplying associations
  In all cases where the county commission of a county has, or the governing bodies of a county and of a city have, adopted a...
• Section 22-21-55 Dissolution
  Any hospital association organized under the provisions of this article may be dissolved, in the manner prescribed in this section if, at the time of...
• Section 22-21-56 Appropriations by local political subdivisions
  The governing bodies of each local political subdivision involved are hereby authorized to appropriate their respective shares of the cost of constructing, maintaining, equipping and...
• Section 22-21-57 Effect of article on local executive committees
  Nothing in this article shall be construed to mean that all local, regional or district hospitals included in this article are to be under the...
• Article 4 County Hospital Boards and Corporations.
• Division 1 Hospital Boards.
• Section 22-21-70 Definitions
  For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) THE CORPORATION. A corporation...
• Section 22-21-71 Purpose and construction of division
  It is the intention of the Legislature by the passage of this division to authorize in each of the several counties of the state the...
• Section 22-21-72 Incorporation - Application
  Whenever any number of natural persons, not less than three, shall file with the county commission of any county in this state an application in...
• Section 22-21-73 Incorporation - Certificate of incorporation - Form and contents; approval by county commission; validation of certain certificates of incorporation
  (a) The certificate of incorporation shall state: (1) The name of the corporation, which shall be "_____ County Hospital Board," if such name is available...
• Section 22-21-74 Incorporation - Certificate of incorporation - Filing; amendments
  (a) The certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in Section 22-21-73 and a certificate by the...
• Section 22-21-75 Incorporation - Certificate of incorporation - Validation of noncomplying corporations
  In all cases where the county commission of a county has adopted a resolution authorizing the incorporation under this division, as originally enacted or as...
• Section 22-21-76 Board of directors
  The corporation shall have a board of directors, which shall constitute the governing body of the corporation. The members of the board of directors shall...
• Section 22-21-77 Powers of corporation
  The corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have...
• Section 22-21-78 Borrowing by corporation
  (a) All securities of the corporation shall be signed by the chairman of its board of directors and attested by its secretary, and the seal...
• Section 22-21-79 Investment of trust funds in corporation's securities
  Unless otherwise directed by the court having jurisdiction thereof or by the document which is the source of authority, a fiduciary may, with the exercise...
• Section 22-21-80 Taxation exemptions
  All real, personal and mixed property that may be owned by the corporation and all income of the corporation shall be exempt from state, county...
• Section 22-21-81 Transfer of hospitals and funds by counties or municipalities
  The county in which the corporation is organized, and any municipality located within such county, are hereby authorized to transfer and convey to the corporation,...
• Section 22-21-82 Dissolution of corporation
  At any time when the corporation owns no property and has no indebtedness outstanding, the county commission of the county in which the corporation was...
• Section 22-21-83 Division cumulative
  This division shall not be construed as a restriction or limitation upon any power, right or remedy which any corporation, now in existence or hereafter...
• Division 2 Hospital Corporations.
• Section 22-21-100 Definitions
  For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) HOSPITAL CORPORATION. A hospital...
• Section 22-21-101 Designation as agency to operate, etc., public hospital facilities
  The county commission of any county in which a special tax for public hospital purposes has heretofore been or shall hereafter be authorized at an...
• Section 22-21-102 Special county tax - Payment to hospital corporation
  When a hospital corporation has been designated as the agency of the county to acquire, construct, equip, operate and maintain public hospital facilities in the...
• Section 22-21-103 Special county tax - Validation of elections - Generally
  All elections which have heretofore been held in any county pursuant to the provisions of any amendment to the constitution for the purpose of authorizing...
• Section 22-21-104 Special county tax - Validation of elections - Counties with population less than 50,000
  Every election heretofore held in any county in this state, which has a population of less than 50,000, according to the last federal decennial census,...
• Section 22-21-105 Special county tax - Validation of elections - Elections under Amendment 72 of Constitution
  Every election heretofore held in any county in this state submitting to the qualified electors of such county the question of the levy of a...
• Section 22-21-106 Issuance of securities - In anticipation of tax; funds from which payable; nature of obligation
  Any hospital corporation may anticipate the proceeds from any special county tax required to be paid to it in accordance with the provisions of this...
• Section 22-21-107 Issuance of securities - Terms, conditions, etc.; pledge of revenues; mortgages; foreclosure prohibited
  Securities issued under this division may contain such other terms, provisions, conditions, limitations and agreements, not inconsistent with the provisions of this division, as the...
• Section 22-21-108 Issuance of securities - Execution and delivery; interest; payment; refunding; status; tax exemption
  Securities of the hospital corporation may be executed and delivered by it at any time, and from time to time, shall be in such form...
• Section 22-21-109 Issuance of securities - Sale; expenses, etc
  All securities issued under this division may be sold, either at private or public sale, in such manner, and from time to time, as may...
• Section 22-21-110 Issuance of securities - Investment of trust funds
  Unless otherwise directed by the court having jurisdiction thereof and by the document which is the source of authority, a fiduciary may, with the exercise...
• Section 22-21-111 Issuance of securities - Incontestability
  Securities reciting that they are issued pursuant to the terms of this division shall, in any action or proceeding involving their validity, be conclusively deemed...
• Section 22-21-112 Issuance of securities - Validation prior to issuance
  The directors of any hospital corporation may, in their discretion, before the issuance of any securities, determine the authority of the hospital corporation to issue...
• Article 5 Municipal Hospital Building Authorities.
• Section 22-21-130 Definitions
  For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) AUTHORITY....
• Section 22-21-131 Purpose and construction of article
  It is the intention of the Legislature by the passage of this article to empower each incorporated city and town in the state to authorize...
• Section 22-21-132 Incorporation - Application; resolution
  Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for permission to incorporate a...
• Section 22-21-133 Incorporation - Certificate of incorporation - Contents; amendments
  (a) The certificate of incorporation of the authority shall state: (1) The name and address of each of the incorporators, and a statement that each...
• Section 22-21-134 Incorporation - Certificate of incorporation - Filing
  The certificate of incorporation, having attached thereto: (1) A certified copy of the resolution provided for in Section 22-21-133; and (2) A certificate by the...
• Section 22-21-135 Board of directors
  (a) The authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, as most recently amended....
• Section 22-21-136 Officers
  The officers of the authority shall consist of a president, a vice-president, a secretary, a treasurer and such other officers as the board shall deem...
• Section 22-21-137 Powers - Generally
  The authority shall have the following powers and capacities, among others specified in this article, together with all powers incidental thereto or necessary to the...
• Section 22-21-138 Powers - Eminent domain
  The authority shall have the same power of eminent domain as is vested by law in the municipality, which power shall be exercised in the...
• Section 22-21-139 Conveyance of property by municipalities
  The municipality is hereby authorized to convey to the authority, with or without the payment of monetary consideration therefor, any property that may, immediately preceding...
• Section 22-21-140 Lease agreements with municipality
  (a) Authorization of lease. The authority and the municipality are hereby respectively authorized to enter into one or more lease agreements with each other whereunder...
• Section 22-21-141 Bonds - Revenue
  The authority is empowered, at any time and from time to time, to sell and issue its revenue bonds for the purpose of providing funds...
• Section 22-21-142 Bonds - Refunding
  The authority may at any time and from time to time sell and issue its refunding revenue bonds for the purpose of refunding the principal...
• Section 22-21-143 Bonds - Execution
  The bonds of the authority shall be signed by either its president or its vice-president, as shall be provided in the resolution under which the...
• Section 22-21-144 Bonds - Security
  The principal of, and the interest on, the bonds shall be secured by a pledge of the revenues out of which the bonds shall be...
• Section 22-21-145 Bonds - Recital and notice of issuance; limitation on actions to contest
  Any resolution authorizing any bonds under this article shall contain a recital that they are issued pursuant to the provisions of this article, which recital...
• Section 22-21-146 Bonds - Legal investment - Banks, insurers and fiduciaries
  Bonds issued under the provisions of this article are hereby made legal investments for savings banks and insurance companies organized under the laws of the...
• Section 22-21-147 Bonds - Legal investment - Municipal funds
  The governing body is authorized, in its discretion, to invest in bonds of the authority any idle or surplus money held in the treasury of...
• Section 22-21-148 Bonds - Negotiable instruments
  All bonds issued by the authority, while not registered, shall be construed to be negotiable instruments even though they are payable from a limited source....
• Section 22-21-149 Bonds - Use of proceeds
  (a) The proceeds derived from the sale of any bonds sold by the authority, other than refunding bonds, shall be used only to pay the...
• Section 22-21-150 Bonds - Default
  (a) In event of default on bonds. If there should be any default in the payment of the principal of, or interest on, any bonds...
• Section 22-21-151 Obligations not debt of state or municipality
  All obligations incurred by the authority and all bonds issued by it shall be solely and exclusively an obligation of the authority and shall not...
• Section 22-21-152 Investment of funds
  (a) Any portion of the principal proceeds derived from the sale of the bonds which the board may determine is not presently needed for any...
• Section 22-21-153 Taxation exemption
  The properties of the authority, and the income therefrom, all lease agreements made by the authority, all bonds issued by the authority, and the coupons...
• Section 22-21-154 Dissolution
  At any time when the authority does not have any bonds outstanding, the board may adopt a resolution, which shall be duly entered upon its...
• Section 22-21-155 Article cumulative
  This article shall not be construed as a restriction or limitation upon any power, right or remedy which any municipality or any corporation now in...
• Section 22-21-156 Lease of hospitals, buildings or facilities to public or nonprofit corporations
  Any public corporation heretofore or hereafter incorporated and existing under the provisions of this chapter is hereby authorized and empowered to lease any hospital, building...
• Article 6 County and Municipal Hospital Authorities.
• Section 22-21-170 Definitions
  For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) CORPORATION....
• Section 22-21-171 Purpose and construction of article
  It is the intention of the Legislature by the passage of this article to authorize in each of the several counties of the state the...
• Section 22-21-172 Incorporation - Authority
  Any county and any one or more municipalities located, in whole or in part, in such county are hereby together empowered and authorized to cause...
• Section 22-21-173 Incorporation - Certificate of incorporation - Contents; acknowledgment; filing
  The certificate of incorporation of any public corporation incorporated under this article shall state: (1) The name of the corporation, which shall be Hospital Authority...
• Section 22-21-174 Incorporation - Certificate of incorporation - Amendment
  The certificate of incorporation of any public corporation incorporated under this article may, at any time and from time to time, be amended in the...
• Section 22-21-175 Board of directors
  (a) The corporation shall have a board of directors in which all powers of the corporation shall be vested. The board of directors shall consist...
• Section 22-21-176 Officers; personnel
  The officers of the corporation shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board of directors...
• Section 22-21-177 Formation of other corporations
  The formation of one corporation under the provisions of this article shall not prevent the subsequent formation under this article of another corporation by the...
• Section 22-21-178 Governmental sovereignty or immunity
  No hospital authorized under this article shall have governmental sovereignty or immunity.
• Section 22-21-179 Powers of corporation
  The corporation shall have all the powers and authority inhering in, or conferred upon, counties in the State of Alabama operating public hospitals, except as...
• Section 22-21-180 Eminent domain
  The corporation shall not have the power of eminent domain.
• Section 22-21-181 Transfer of funds and assets by counties and municipalities
  The county in which the corporation is organized, any municipality located, in whole or in part, within such county, whether or not a member of...
• Section 22-21-182 Borrowing by corporation generally; debts not obligations of state, counties or municipalities; tax exemptions
  (a) All securities of the corporation shall be signed in the name and behalf of the corporation by its chairman and attested by its secretary,...
• Section 22-21-183 Disposition of proceeds from borrowing
  (a) The principal proceeds derived from any borrowing made by the corporation under Section 22-21-182, other than borrowings made for refunding purposes, shall be used...
• Section 22-21-184 Refunding securities
  (a) The corporation may, at any time and from time to time, issue refunding securities for the purpose of refunding any securities of the corporation...
• Section 22-21-185 Fiduciary investment
  Securities issued under this article are hereby made legal investments for executors, administrators, trustees and other fiduciaries and for savings banks and insurance companies organized...
• Section 22-21-186 Corporation tax exempt
  All property, real, personal or mixed, that may be owned by the corporation and the corporation itself shall be exempt from all state, county and...
• Section 22-21-187 Publication of financial statement
  The corporation shall, within a reasonable time following the close of each of its fiscal years, cause to be published in a daily newspaper published...
• Section 22-21-188 Provisions exclusive
  Any corporation organized under the provisions of this article shall, insofar as the subject matter of this article is concerned, be governed exclusively by the...
• Section 22-21-189 Applicability of provisions of state law as to ethics of public officials, etc.; purchase, etc., of goods or services from employees of corporation, etc
  The provisions of Chapter 25 of Title 36 and all subsequent amendments thereto or any subsequent act which may replace the same shall apply to...
• Section 22-21-190 Applicability of state competitive bid law, etc
  The provisions of Article 2 of Chapter 16 of Title 41, as amended, requiring competitive bids for certain purchases and services shall apply to the...
• Section 22-21-191 Dissolution of corporation
  If at any time the corporation shall have outstanding no unpaid securities and if each member of the board of directors of the corporation shall...
• Article 7 Hospital Service Program for Indigents.
• Section 22-21-210 Definitions
  For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) HOSPITAL....
• Section 22-21-211 Purpose of article
  It is the legislative intent and purpose of this article that the Hospital Service Program for Indigents provided for in this article shall be a...
• Section 22-21-212 Administration of program; rules and regulations
  The Hospital Service Program for the Indigent shall be administered by the State Board of Health through the State Health Department. The board shall, subject...
• Section 22-21-214 County admissions committees - Creation; appointment, terms, qualifications and compensation of members; meetings
  An admissions committee is hereby created in each county in the state. The admissions committee in each county shall be appointed by majority vote of...
• Section 22-21-215 County admissions committees - Powers and duties; liability
  The admissions committee in each county shall determine the indigency of any resident of the county making application for hospitalization as an indigent under the...
• Section 22-21-216 Determination of need for indigents' hospitalization
  Any person desiring to be hospitalized as an indigent under the provisions of this article must first be examined by an attending physician, who shall...
• Section 22-21-217 Program participation by counties having no hospital
  In the event that there is no hospital located in a county and the county commission of such county certifies to the State Board of...
• Section 22-21-218 Admittance in other county when local facilities deemed inadequate
  In the event that no participating hospital in a participating county has adequate personnel, equipment or other medical facilities necessary for the proper care and...
• Section 22-21-219 Payment of public funds to physicians prohibited; collection of costs, etc., from indigent patient, etc
  No physician shall be entitled to receive any public funds as a fee for attending or treating an indigent patient hospitalized under the provisions of...
• Section 22-21-220 Apportionment of appropriated funds to counties
  (a) All funds appropriated each year for the use of the State Board of Health in carrying out the provisions of this article, except as...
• Section 22-21-221 Disposition of unexpended funds - State Board of Health
  Any unexpended funds appropriated to the State Board of Health for allocation among the various counties under the provisions of this article shall not revert...
• Section 22-21-222 Disposition of unexpended funds - Counties
  Any unexpended funds allocated to any county under the provisions of this article shall not revert to the State Board of Health at the end...
• Section 22-21-223 Appropriation of proceeds of special county tax or funds in county treasury
  In any county in which a special county tax is levied and collected, pursuant to the provisions of any amendment to the constitution heretofore adopted,...
• Section 22-21-224 Expenses of State Board of Health
  The expenses incurred by the State Board of Health in the administration of this article during each fiscal year shall be budgeted, appropriated and allotted...
• Section 22-21-225 Federal funds
  In the event any federal funds are made available to the state by the federal government, or any agency or instrumentality thereof, for use in...
• Section 22-21-227 Charging, etc., for assisting person in hospitalization
  Any person, firm or corporation who shall, either directly or indirectly, charge or receive anything of value for assisting any person in making application for,...
• Article 8 Trusts for Payment of Liability Claims Against Hospitals, Dentists, etc.
• Section 22-21-240 Establishment, administration, etc., of trusts authorized; specification of terms, conditions and provisions of trusts
  There is hereby authorized the establishment, maintenance, administration and operation of any trust established by agreement of any hospitals or other health care units licensed...
• Section 22-21-241 Powers and liabilities of trustees of trusts
  The trustees of trusts established pursuant to Section 22-21-240 shall hold the legal title to all property at any time belonging to the trust. They...
• Section 22-21-242 Liability of hospitals and dentists as participants in trusts
  No hospital or dentist who or which is a participant in such a trust, as a grantor, member, beneficiary or otherwise, shall be liable or...
• Section 22-21-243 Rights, privileges, immunities, etc., conferred by article
  All of the provisions of this article shall apply to and shall confer all rights, privileges, exemptions and immunities upon any trust established for the...
• Article 9 Control and Regulation of Development of Certain Health Care Facilities.
• Section 22-21-260 Definitions
  As used in this article, the following words and terms, and the plurals thereof, shall have the meanings ascribed to them in this section, unless...
• Section 22-21-261 Legislative findings; purpose of article
  The Legislature of the State of Alabama declares that it is the public policy of the State of Alabama that a certificate of need program...
• Section 22-21-263 New institutional health services subject to review
  (a) All new institutional health services which are subject to this article and which are proposed to be offered or developed within the state shall...
• Section 22-21-264 Criteria for state agency review
  The SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions for reviews covered by this...
• Section 22-21-265 Certificates of need - Required for new institutional health service
  (a) On or after July 30, 1979, no person to which this article applies shall acquire, construct, or operate a new institutional health service, as...
• Section 22-21-265.1 Certificates of need - No legislative intent to ratify illegal actions or false information of applicants, agents, etc
  It is not legislative intent to forgive, ratify or confirm any illegal actions or presentation of information known to be false on the part of...
• Section 22-21-265.2 Certificates of need - Legislative intent reiterated
  It is not the intent of the Legislature to forgive, ratify, or confirm any illegal actions or presentation of information known to be false on...
• Section 22-21-265.3 Certificates of need - All-digital, automated hospital exempt from review process
  The Legislature finds and determines that the well-being and health of the citizens of the State of Alabama will be enhanced by the development and...
• Section 22-21-266 Certificates of need - Required findings for inpatient facilities
  No certificate of need for new inpatient facilities or services shall be issued unless the SHPDA makes each of the following findings: (1) That the...
• Section 22-21-267 Certificates of need - Application for certificate or modification thereto and extensions thereof
  Any application for a certificate of need under Section 22-21-265, for a modification thereto or for an extension thereof shall be made in written form...
• Section 22-21-268 Certificates of need - Emergency certificate prior to hearing
  Any person may apply, either independently and without notice under Section 22-21-267 or as a part of an application filed under Section 22-21-267, for an...
• Section 22-21-270 Certificates of need - Period for which valid; extension of time; termination; transferability
  (a) A certificate of need issued under subsection (a) of Section 22-21-265 and Section 22-21-268 shall be valid for a period not to exceed 12...
• Section 22-21-271 Certificates of need - Application fees; appropriation of funds; disposition of fees
  (a) Each application for a certificate of need shall be accompanied by a fee of one percent of the estimated cost of the proposed cost...
• Section 22-21-271.1 Certificates of need - Fee increases
  (a) Any law to the contrary notwithstanding, the staff agency of the State Health Planning and Development Agency or its executive director may not increase...
• Section 22-21-274 Adoption and public notice of review procedures and criteria
  The SHPDA, with the advice and consultation of the Statewide Health Coordinating Council, shall prescribe by rules and regulations the review criteria and review procedures...
• Section 22-21-275 Procedures for review of applications for certificates of need
  The SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations the procedures for review of applications for certificates of need...
• Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in violation of article prohibited; facilities in violation of article not to receive reimbursement for services
  (a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of...
• Section 22-21-277 Article cumulative; conflicting laws
  The provisions of this article are cumulative and, insofar as possible, they shall be construed in pari materia with other laws relating to public health....
• Section 22-21-278 Kidney disease treatment centers in certain municipalities exempted from certificate of need requirement
  (a) The Legislature hereby finds and declares that it is in the best interest of the state and its residents for kidney disease treatment centers...
• Article 10 Financial Responsibility for Indigent Health Care.
• Section 22-21-290 Short title
  This article may be cited as "the Alabama Health Care Responsibility Act."
• Section 22-21-291 Legislative intent
  It is the intent of the Legislature to place the ultimate financial obligation for the medical treatment of indigents on the county in which the...
• Section 22-21-292 Definitions
  For the purpose of this article the following terms shall have the meanings respectively ascribed to them by this section: (1) LOCAL AGENCY. Any county...
• Section 22-21-293 Financial responsibility for out-of-county indigent patients treated at a regional referral hospital
  Ultimate financial responsibility for treatment received at a regional referral hospital by a certified indigent patient, who is a resident of the State of Alabama...
• Section 22-21-294 Certification of indigency; rules
  Not later than October 1, 1979, the Department of Human Resources shall adopt rules which provide a statewide eligibility standard to certify residents of each...
• Section 22-21-295 Obligation of regional referral hospitals
  As a condition of accepting the procedures of this article, each regional referral hospital in Alabama shall be obligated to admit for treatment all Alabama...
• Section 22-21-296 Procedure for settlement of disputes
  All disputes between a county and a regional referral hospital shall be resolved by action in the circuit court of the county in which the...
• Section 22-21-297 Certification necessary for treatment; exception
  No patient shall be treated or admitted to, except in the case of an emergency, to a regional referral hospital as an indigent unless and...
• Article 10A Financial Assistance Policies.
• Section 22-21-300 Disclosure of policies to patients
  (a) As used in this section, the following terms shall have the following meanings: (1) HOSPITAL. Any facility as defined in Section 22-21-20. (2) HOSPITAL...
• Article 11 Health Care Authorities.
• Section 22-21-310 Short title
  This article shall be known and may be cited as "The Health Care Authorities Act of 1982."
• Section 22-21-311 Definitions
  (a) The following words and phrases used in this article, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication...
• Section 22-21-312 Legislative findings and intent
  The Legislature hereby finds and declares: (1) That publicly-owned (as distinguished from investor-owned and community-nonprofit) hospitals and other health care facilities furnish a substantial part...
• Section 22-21-313 Application for incorporation of authority; authorizing resolution
  (a) In order to incorporate an authority, any number of natural persons, not less than three, shall first file a written application with the governing...
• Section 22-21-314 Certificate of incorporation - Filing; form and contents; recordation
  (a) Within 40 days following the adoption of the authorizing resolution (or, if there is more than one, the last adopted thereof), the applicants shall...
• Section 22-21-315 Certificate of incorporation - Amendment; application; approving resolution; filing and recordation of certificate
  (a) The certificate of incorporation of any authority incorporated under the provisions of this article, as well as that of any public hospital corporation reincorporated...
• Section 22-21-316 Board of directors; qualifications; election or appointment; terms; vacancies; reimbursement for expenses; quorum; regular, special and called meetings; waiver of notice; record of proceedings; use as evidence; removal from office
  (a) Each authority shall have a board of directors composed of the number of directors provided in the certificate of incorporation, as most recently amended....
• Section 22-21-317 Officers; election; terms; duties
  The officers of an authority shall consist of a chairman, a vice-chairman, a secretary, a treasurer and such other officers as the board shall deem...
• Section 22-21-318 Powers of authority
  (a) In addition to all other powers granted elsewhere in this article, and subject to the express provisions of its certificate of incorporation, an authority...
• Section 22-21-319 Extraordinary power of authority
  If and only if its certificate of incorporation or an appropriate amendment thereto (both of which must, under the terms of this article, be approved...
• Section 22-21-320 Securities of authority
  Securities of an authority may be executed and delivered by it at any time and from time to time, shall be in such form and...
• Section 22-21-321 Refunding securities
  (a) An authority may at any time and from time to time sell and issue its refunding securities for the purpose of refunding the principal...
• Section 22-21-322 Execution of securities
  All securities of an authority shall be signed in the name and behalf of the authority by its chairman or vice-chairman, and the seal of...
• Section 22-21-323 Source of payment; security
  (a) Securities issued by an authority shall not be general obligations of the authority but shall be payable solely out of the revenues from any...
• Section 22-21-324 Use of proceeds
  (a) The principal proceeds derived from any borrowing made by an authority shall be used solely for the purpose or purposes for which such borrowing...
• Section 22-21-325 Obligations not debt of state, county or municipality
  All agreements and obligations undertaken, and all securities issued, by an authority shall be solely and exclusively an obligation of the authority and shall not...
• Section 22-21-326 Securities issued under article as legal investments
  Securities issued under the provisions of this article are hereby made legal investments for savings banks and insurance companies organized under the laws of the...
• Section 22-21-327 Securities and coupons as negotiable instruments
  Securities issued by an authority, while not registered, shall be construed to be negotiable instruments although payable solely from a specified or limited source. All...
• Section 22-21-328 Exemption from usury and interest laws
  An authority shall be exempt from all laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation to, the...
• Section 22-21-329 Notice of issuance of securities; limitation on actions to contest
  Any resolution authorizing any securities under this article may contain a recital that they are issued pursuant to the provisions of this article, which recital...
• Section 22-21-330 Lease agreements with authorizing subdivision; terms; renewal options; special pledge as security for payment of rental, etc.; use of vacant space
  (a) Each authority and any authorizing subdivision are hereby respectively authorized to enter into one or more lease agreements with each other whereunder any health...
• Section 22-21-331 Remedies for default in payment of securities or performance of lease agreement
  (a) If there should be any default in the payment of the principal of or interest on any securities issued under this article, then the...
• Section 22-21-332 Investment of funds
  (a) To the extent permitted by the contracts of the authority with the holders of its securities and if not otherwise specifically prohibited by any...
• Section 22-21-333 Exemptions from taxation
  All properties of an authority, whether real, personal or mixed, and the income therefrom, all securities issued by an authority and the coupons applicable thereto...
• Section 22-21-334 Nonapplicability of Ethics Act
  The provisions of Chapter 25 of Title 36 shall, any provision thereof to the contrary notwithstanding, not apply to any authority, the members of its...
• Section 22-21-335 Nonapplicability of competitive bid laws
  The provisions of Articles 2 and 3 of Chapter 16 of Title 41 shall not apply to any authority, the members of its board or...
• Section 22-21-336 Transfer of funds and assets to authority
  Any municipality, county, or educational institution, any public hospital corporation and any other public agency, authority or body is hereby authorized to transfer and convey...
• Section 22-21-337 Disposition of earnings of authority
  An authority shall be a public corporation or authority and no part of its net earnings remaining after payment of its expenses shall inure to...
• Section 22-21-338 Authority as designated agency for purposes of Division 2 of Article 4 of this chapter
  An authority shall constitute a "hospital corporation" as that term is used in Division 2 of Article 4 of this chapter; and any county otherwise...
• Section 22-21-339 Dissolution of authority
  At any time when the authority does not have any securities outstanding, and when there shall be no other obligations assumed by the authority that...
• Section 22-21-340 Multiple corporations permitted
  Neither the formation or dissolution of one authority hereunder nor the reincorporation hereunder of a public hospital corporation shall prevent the subsequent incorporation hereunder of...
• Section 22-21-341 Reincorporation of existing corporations
  Any public hospital corporation may be reincorporated under this article, avail itself of all rights, powers and privileges and become subject to all duties, obligations...
• Section 22-21-342 Provisions of article exclusive
  Any authority organized under the provisions of this article (as well as any public hospital corporation reincorporated hereunder) shall, insofar as the subject matter of...
• Section 22-21-343 Cumulative effect of article
  This article shall not be construed as a restriction or limitation upon any power, right or remedy which any county, municipality, educational institution, or public...
• Section 22-21-344 Use of proceeds from hospital taxes
  Nothing in this article shall be construed to permit the use, by or for the benefit of any authority, of the proceeds of any hospital...
• Article 11A Additional Power of Health Care Authorities.
• Division 1 Certain Additional Powers.
• Section 22-21-350 Definitions
  The following words and phrases used in this division shall, unless the context clearly indicates otherwise, have the following respective meanings: (1) AUTHORITY. A public...
• Section 22-21-351 Legislative findings
  The Legislature hereby finds and declares as follows: (1) That in order to promote the public health of the people of the State of Alabama,...
• Section 22-21-352 Further provision for amendment of certificates of incorporation or reincorporation
  (a) Except as otherwise provided in the last sentence of this subsection, any authority that now exists, or that is hereafter organized or reincorporated (as...
• Section 22-21-353 Further provisions respecting issuance of securities
  Any authority shall have, in addition to the power to sell and issue interest-bearing securities that are limited as to source of payment, the power...
• Section 22-21-354 Further provisions respecting use and disposition of certain property
  In determining the financial effect of an arrangement between an authority and any nonhospital-based physician, dentist or other health care professional for the furnishing of...
• Section 22-21-355 Further provisions respecting investment of funds
  In addition to the investment powers granted by the enabling statute, any authority shall, to the extent permitted by the contracts of such authority with...
• Section 22-21-356 Cumulative effect
  The provisions of this division shall be construed as cumulative of the provisions of the enabling statute, shall be construed in pari materia therewith and...
• Division 2 Further Additional Powers.
• Section 22-21-357 Definitions
  As used in this division, the following terms shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. Any public corporation...
• Section 22-21-358 Powers of authorities
  In addition to all other powers at any time conferred on it by law, and subject to any express provisions of its certificate of incorporation...
• Section 22-21-359 Legislative intention
  It is the intent of the Legislature by the passage of this division to clarify existing provisions of statutory law respecting the powers of authorities....
• Article 12 Dental Services Corporations.
• Section 22-21-360 Short title
  This article shall be known and cited as the "Alabama Dental Services Corporation Act."
• Section 22-21-361 Definitions
  The following terms shall have the meanings respectively ascribed by this section unless the context clearly indicates otherwise: (1) COMMISSIONER. The commissioner of insurance of...
• Section 22-21-362 Incorporation of dental service plan corporation; management by board of directors
  (a) Any dental service plan corporation shall be incorporated under the provisions of the laws of Alabama, except to the extent that the provisions thereof...
• Section 22-21-363 Application for certificate of authority; contents
  (a) The incorporators shall file with the commissioner an application for a certificate of authority to do business upon a form to be furnished by...
• Section 22-21-364 Issuance of certificate; criteria
  The commissioner shall issue a certificate of authority if he is satisfied that: (1) All requirements of law have been met; (2) All natural persons...
• Section 22-21-365 Consent of commissioner to charter or certificate of incorporation
  If the charter or certificate of incorporation of any proposed corporation specifies among its purposes the establishment, maintenance, and operation of a dental service plan,...
• Section 22-21-366 Subscriber rates subject to approval of department; provisions in contract between corporation and dentist
  (a) The rates charged by a dental service plan corporation to the subscribers for dental services shall at all times be subject to the approval...
• Section 22-21-367 License prerequisite to contracts with subscribers
  No corporation subject to the provisions of this article shall issue contracts to subscribers for dental services pursuant to a dental service plan until the...
• Section 22-21-368 Contents of proposed contracts issued to subscribers
  Any proposed contracts issued to subscribers to the plan shall be written in a form that is readable and comprehensible by a layman of reasonable...
• Section 22-21-369 Contents of proposed contracts between corporation and dentists
  Any proposed contracts between the corporation and dentists participating in the plan shall: (1) List the responsibilities incurred by each party; (2) Delineate the procedures...
• Section 22-21-370 Posting of securities or surety bond; custody of securities; exemption from taxation; release of securities or bond; modification orders; hearing; effect of failure to comply
  (a) To assure the faithful performance of its obligations in the event of insolvency each dental service corporation authorized under Section 22-21-364 shall, through the...
• Section 22-21-371 Individual, group, blanket or franchise contracts authorized; certificates of coverage; filing and approval of contracts and certificates; requirements; grounds for disapproval
  (a) Dental service plan contracts may be written on individual, group, blanket or franchise basis. Each contractual obligation for such dental service(s) must be evidenced...
• Section 22-21-372 Filing and approval of subscription rates; criteria; submission of relevant information
  (a) No contract providing dental service corporation benefits may be executed in this state unless the subscription rates outlined in said contract have been filed...
• Section 22-21-373 Filing and approval of contracts with dentists and other providers of services and amendments thereto; reports to commissioner
  (a) All contracts made between the corporation and participating dentists and all contracts with other providers of services by the dental service plan corporation must...
• Section 22-21-374 Fees and taxes; applicable insurance laws
  (a) A dental service corporation will pay the prescribed fees and taxes required of a disability insurer. (b) The following provisions of the insurance laws...
• Section 22-21-375 Issuance of license; revocation; procedures for review and mediation of complaints
  (a) The Department of Insurance shall issue a license to each applicant upon payment of the prescribed fees and upon being satisfied that: (1) The...
• Section 22-21-376 Relation to certain insurance provisions
  Persons representing or aiding a dental services corporation in the solicitation of dental service contracts in this state and the dental services corporation with respect...
• Section 22-21-377 Contracting sales representatives - Registration with commissioner; notification of termination; filing fee; regulations and controls
  Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
• Section 22-21-378 Contracting sales representatives - Accounting for funds received; diversion or appropriation of funds; penalty
  Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
• Section 22-21-379 Contracting sales representatives - Grounds for mandatory denial, suspension, revocation, or refusal to renew registration
  Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
• Section 22-21-380 Contracting sales representatives - Grounds for discretionary denial, suspension, revocation, or refusal to renew registration
  Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
• Section 22-21-381 Contracting sales representatives - Immediate revocation of registration upon conviction of violation of article; right to hearing on denial, suspension or revocation by commissioner; evidence and investigation
  Repealed by Act 2001-702, p. 1509, §16, effective January 1, 2002.
• Section 22-21-382 Contracting sales representatives - Administrative penalty in lieu of discretionary suspension, revocation, etc
  (a) If, pursuant to procedures provided for in this article, it is found that one or more grounds exist for the suspension or revocation of,...
• Section 22-21-383 Deposit of moneys received by department pursuant to article
  All moneys received pursuant to this article shall be deposited to the credit of the Examiners' Revolving Fund of the Department of Insurance.
• Section 22-21-384 Practice of dentistry and Board of Dental Examiners not regulated or limited by article
  Nothing contained herein shall be construed to regulate the practice of dentistry or limit the powers or authority of the Board of Dental Examiners in...
• Section 22-21-385 Amendments and changes in charter, certificate of incorporation, bylaws, contracts and rates subject to department approval; filing of copy of amendments or changes
  No corporation subject to the provisions of this article shall amend its charter or certificate of incorporation, its bylaws, the terms or provisions of contracts...
• Section 22-21-386 Examination and investigation of corporations by department; power to summon and examine witnesses; payment of expenses
  (a) The Department of Insurance, any agent or examiner of the department, or any other person appointed by the department shall have the power of...
• Section 22-21-387 Use of phrase "dental service plan."
  Any person or corporation, not licensed under the provisions of this article, shall not use in the name, logo, contracts, or literature thereof the phrase...
• Section 22-21-388 Dissolution or liquidation of corporation
  Any dissolution or liquidation of a corporation subject to the provisions of this article shall be under the supervision of the department.
• Section 22-21-389 Nonprofit corporations organized prior to May 4, 1982
  No nonprofit corporation, organized under the laws of this state prior to May 4, 1982 to operate a dental service plan in the state or...
• Section 22-21-390 Violations; penalties; injunctive relief
  (a) Any person or corporation engaging in the business of operating a dental service plan without first having procured a license from the Department of...
• Section 22-21-391 Promulgation of rules and regulations
  The commissioner shall devise and promulgate reasonable rules and regulations, not inconsistent with the provisions of the article, as he deems advisable for effectuating its...
• Chapter 21A HEALTH CARE COMPACT.
• Section 22-21A-1 Definitions
  As used in this compact, unless the context clearly indicates otherwise: (1) COMMISSION. The Interstate Advisory Health Care Commission. (2) EFFECTIVE DATE. The date upon...
• Section 22-21A-2 Pledge
  The member states shall take joint and separate action to secure the consent of the United States Congress to this compact in order to return...
• Section 22-21A-3 Legislative power
  The legislatures of the member states have the primary responsibility to regulate health care in their respective states.
• Section 22-21A-4 State control
  Each member state, within its state, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are...
• Section 22-21A-5 Funding
  (a) Each federal fiscal year, each member state shall have the right to federal monies up to an amount equal to its member state current...
• Section 22-21A-6 Interstate Advisory Health Care Commission
  (a) The Interstate Advisory Health Care Commission is established. The commission consists of members appointed by each member state through a process to be determined...
• Section 22-21A-7 Congressional consent
  This compact shall be effective on its adoption by at least two member states and consent of the United States Congress. This compact shall be...
• Section 22-21A-8 Amendments
  The member states, by unanimous agreement, may amend this compact from time to time without the prior consent or approval of Congress and any amendment...
• Section 22-21A-9 Withdrawal; dissolution
  Any member state may withdraw from this compact by adopting a law to that effect, but no such withdrawal shall take effect until six months...
• Chapter 21B HEALTH CARE RIGHTS OF CONSCIENCE ACT
• Section 22-21B-1 Short title
  This chapter may be known and cited as the Health Care Rights of Conscience Act.
• Section 22-21B-2 Legislative findings
  The Legislature finds and declares: (1) It is the public policy of the State of Alabama to respect and protect the fundamental right of conscience...
• Section 22-21B-3 Definitions
  The following words and terms shall have the meanings ascribed to them in this section, unless otherwise required by their respective context: (1) CONSCIENCE. The...
• Section 22-21B-4 Participation in a health care service that violates the conscience of health care provider; written objection; liability
  (a) A health care provider has the right not to participate, and no health care provider shall be required to participate, in a health care...
• Section 22-21B-5 Injunctive relief
  (a) An action for injunctive relief may be brought for the violation of any provision of this chapter. (b) The court in such action may...
• Section 22-21B-6 Construction with abortion statutes
  Nothing in this chapter shall be construed to permit or require the violation of any Alabama statute, regulation, or other provision of law that regulates...
• Section 22-21B-7 Abortion clinics; relation to other statutes
  The provisions of this chapter shall not apply to health care institutions or employers who are licensed by the State Board of Health as abortion...
• Section 22-21B-8 Severability
  If any part, section, or subsection of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not...
• Chapter 22 WATER POLLUTION CONTROL.
• Section 22-22-1 Short title; definitions
  (a) This chapter may be cited as the "Alabama Water Pollution Control Act." (b) For the purposes of this chapter, unless otherwise indicated, the following...
• Section 22-22-2 Purpose of chapter; declaration of policy
  Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish...
• Section 22-22-7 Technical and other advisory committees
  (a) In order to make available to the commission the services of an advisory body on such technical matters as the commission shall require, there...
• Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations
  (a) It shall be the duty of the commission to control pollution in the waters of the state, and it shall specifically have the following...
• Section 22-22-11 Disbursement of funds
  Funds which are or may become available from any source, appropriations or otherwise, to accomplish the purposes of this chapter, shall be disbursed by the...
• Section 22-22-13 Chapter supplementary to other laws; powers of Attorney General not affected
  This chapter is intended to supplement existing law, and no part of this chapter shall be construed to repeal any existing laws specifically enacted for...
• Section 22-22-14 Criminal penalty for violation of chapter, etc
  (a) Any person who willfully or with gross negligence violates any provision of the chapter, or rule, regulation or standard adopted under this chapter, or...
• Chapter 22A ENVIRONMENTAL MANAGEMENT.
• Section 22-22A-1 Short title
  This chapter shall be known and may be cited as "the Alabama Environmental Management Act."
• Section 22-22A-2 Legislative intent and purposes of chapter
  The Legislature finds the resources of the state must be managed in a manner compatible with the environment, and the health and welfare of the...
• Section 22-22A-3 Definitions
  For the purposes of this chapter, the following words and phrases, unless a different meaning is plainly required by the context or by legislation governing...
• Section 22-22A-4 Department of Environmental Management created; principal office; director; deputy director; divisions and division chiefs; transfer of functions; designation as State Environmental Control Agency, etc.; contract with Health Department for routine bacteriological analyses
  (a) There is hereby created and established the Alabama Department of Environmental Management to carry out the purposes of this chapter and to administer and...
• Section 22-22A-5 Powers and functions of department; representation of department by Attorney General in legal actions
  In addition to any other powers and functions which may be conferred upon it by law, the department is authorized beginning October 1, 1982 to:...
• Section 22-22A-6 Environmental Management Commission; powers and duties; composition; meetings; compensation; expenses; ethical requirements
  (a) There is hereby created a seven member Environmental Management Commission of the Alabama Department of Environmental Management which shall have the following duties: (1)...
• Section 22-22A-7 Hearings and procedures before commission; appeal and review
  (a) Beginning October 1, 1982, the Environmental Management Commission, in addition to any other authority which may be conferred upon it by law, shall have...
• Section 22-22A-8 Adoption of rules, regulations and standards; review by director; public notice and hearing
  (a) All rules, regulations or standards shall be adopted by and promulgated by the Environmental Management Commission. With the exception of editorial changes, no rule,...
• Section 22-22A-9 Transfer of functions, personnel, equipment, funds, etc., to Department of Environmental Management
  (a) All employees engaged in duties pertaining to the functions transferred by this chapter to the department, shall be assigned to the department on October...
• Section 22-22A-10 Transfer of functions, personnel, equipment, etc., of coastal area board to Office of State Planning and Federal Programs; exception
  (a) On October 1, 1982, all functions of the Coastal Area Board, as set forth in Sections 9-7-10 through 9-7-22, except those which relate to...
• Section 22-22A-11 Alabama Department of Environmental Management Fund
  There is hereby created a fund known as the Alabama Department of Environmental Management Fund. This fund shall consist of: (1) all appropriations; (2) all...
• Section 22-22A-12 Coastal Resources Advisory Committee; composition; terms; chairman; meetings
  (a) There is hereby created a Coastal Resources Advisory Committee to advise the department and the Office of State Planning and Federal Programs on all...
• Section 22-22A-13 Effect of chapter on powers of Attorney General
  All remedies for the prevention and abatement of pollution given to the Attorney General through the authority of this chapter are merely cumulative. Except as...
• Section 22-22A-15 Chapter does not repeal Section 22-30-5.1
  No provision of this chapter shall be construed to repeal in whole or in part any provision of Section 22-30-5.1.
• Section 22-22A-16 Pollution Control Grant Fund
  (a) There is hereby created a fund known as the Pollution Control Grant Fund. This fund shall consist of (1) All appropriations made to the...
• Section 22-22A-17 Navigable Waters Dredging Fund
  (a) Notwithstanding any provision of law, the budget proposed each year for the Alabama Department of Environmental Management shall include as a line item in...
• Chapter 22B RECYCLING BY STATE AGENCIES.
• Section 22-22B-1 Legislative findings
  The Legislature finds that: (1) The state faces a looming crisis in solid waste management related to the ever-increasing volumes of waste intended for disposal;...
• Section 22-22B-2 Definitions
  As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PROGRAM FOR THE MANAGEMENT...
• Section 22-22B-3 State government program for waste reduction and the collection of recyclable wastes; planning and implementation; annual reports by agencies; what to be included in programs; coordination of efforts
  (a) The Department of Environmental Management shall assess the status of recycling efforts undertaken by the state for solid waste generated by the operations of...
• Section 22-22B-4 Program for management and marketing of recyclable materials; contracts authorized
  State agencies and public school systems are hereby authorized to enter into contracts of three years or less duration with private and nonprofit organizations for...
• Section 22-22B-5 Proceeds from sale of recycled materials; employee awards
  (a) All proceeds from the sale of recyclable materials generated by the state agencies shall be deposited into the State Treasury to the credit of...
• Chapter 23 WATERWORKS AND WATER SUPPLIES GENERALLY.
• Article 1 General Provisions.
• Section 22-23-20 Upgrading of water service; savings
  (a) Any law to the contrary notwithstanding, any water authority that upgrades its water services, including fire hydrants, that results in lower insurance rates for...
• Section 22-23-21 Notification of permanent change in fluoridation status
  (a) A public water system, as defined in Section 22-23-31, that proposes to initiate any permanent change in the fluoridation status of its water supply,...
• Article 2 Safe Drinking Water Act.
• Section 22-23-30 Short title
  This article may be cited as the "Alabama Safe Drinking Water Act of 1977."
• Section 22-23-31 Definitions
  When used in this article and except where the context prohibits, the following words and terms shall have the following meanings: (1) FEDERAL ACT. The...
• Section 22-23-32 Regulatory authority of board over water supplies
  The board has regulatory authority over all public water systems in the state insofar as purity, potability, wholesomeness and physical quality of water which may...
• Section 22-23-33 State primary drinking water regulations
  The board shall promulgate and enforce state primary drinking water regulations that at no time shall be less stringent than the complete, current interim or...
• Section 22-23-34 State secondary drinking water regulations
  The board shall promulgate and enforce state secondary drinking water regulations. State secondary drinking water regulations shall apply to each public water system in the...
• Section 22-23-35 Variances and exemptions from regulations
  The board may authorize variances and exemptions from the regulations issued pursuant to Section 22-23-32 under conditions and in such manner as it, by regulation,...
• Section 22-23-36 Action by board regarding imminent and substantial hazards
  The board, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an...
• Section 22-23-37 Notification of users and regulatory agencies by water suppliers of certain violations, etc
  (a) The supplier of water shall, as soon as practicable, notify the local county health departments, the board, the administrator, users, the public and communications...
• Section 22-23-38 Samples of water supplied to the public - Required
  At least once a month or as required by the board, every supplier of water shall deliver to the State Laboratory or a laboratory certified...
• Section 22-23-39 Samples of water supplied to the public - Analysis; fee
  The board shall cause a bacteriological, sanitary and/or chemical analysis to be made of each sample so delivered, shall record such analysis and shall furnish...
• Section 22-23-40 Permit to construct or modify water system - Required; prerequisite to issuance of bonds by local government unit
  No person shall construct or make major modification of any public water system, or portion thereof, without having first obtained a permit from the board...
• Section 22-23-41 Permit to construct or modify water system - Application
  Any person proposing to operate, construct, install, add to or make major modification of a public water system shall, prior to construction of such, file...
• Section 22-23-42 Permit to construct or modify water system - Investigation of water system
  Upon filing of plans and specifications and statements by an applicant, the board is authorized to investigate the proposed system or existing works, system, plant,...
• Section 22-23-43 Permit to construct or modify water system - Order of board upon finding that water is impure, unwholesome, etc
  Upon completion of any such investigation or of any routine or special inspection, if the board shall determine that the water being supplied or to...
• Section 22-23-44 Permit to construct or modify water system - Issuance; suspension or revocation; permits in addition to others required by law
  If the board shall determine that the water being supplied or to be supplied is pure, wholesome and potable and does not endanger the lives...
• Section 22-23-45 Right of entry of board for investigations and inspections
  The board and its inspectors shall have full power and authority to enter into and upon any and all places, property, enclosures and structures for...
• Section 22-23-46 Reports of condition of water supply, plant, etc., by applicants, or suppliers
  Any applicant or supplier of water may, for cause stated, be required by the board to furnish a complete report of the condition and operation...
• Section 22-23-47 Polluting public water supply
  No person shall deposit any dead animal or fowl or any noxious, nauseous or poisonous substance or any human waste in any portion of a...
• Section 22-23-48 Prohibited acts
  The following acts and the causing thereof are prohibited: (1) Failure by a supplier of water to comply with the requirements of Section 22-23-39, or...
• Section 22-23-49 Powers and duties of board in administration of article
  To carry out the provisions and purposes of this article, the board is authorized and empowered to: (1) Perform any and all acts necessary to...
• Section 22-23-52 Penalties
  A fine not to exceed $5,000.00 may be imposed by a court of competent jurisdiction on any person who violates Section 22-23-40, 22-23-41 or 22-23-47...
• Section 22-23-53 Public nuisances
  Anything done, maintained or suffered in violation of any of the provisions of this article shall be deemed to be a public nuisance and dangerous...
• Chapter 23A ALABAMA WATER SYSTEM ASSISTANCE AUTHORITY.
• Section 22-23A-1 Definitions
  The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The...
• Section 22-23A-2 Legislative intent
  It is the intent of the Legislature acting by and through the authority and the department to aid, assist and coordinate existing community water systems...
• Section 22-23A-3 Alabama Water System Assistance Authority; created; members
  The Governor, the Director of the Department of Economic and Community Affairs, the Director of Finance, one member of the House of Representatives appointed by...
• Section 22-23A-4 Water Supply Assistance Fund established; deposits; expenditures; investments
  There is hereby established a special fund within the State Treasury to be known as the "Water Supply Assistance Fund." Proceeds from the sale of...
• Section 22-23A-5 Application to become corporation; filing and recordation; certificate of incorporation; officers; board of directors; record of proceedings
  (a) To become a corporation, the Governor, the director of the department, the Director of Finance, and the two legislators appointed to the authority in...
• Section 22-23A-6 Powers of authority
  (a) The authority shall have the following powers, among others specified by this chapter: (1) To have succession in its corporate name until the principal...
• Section 22-23A-7 Bonds - Authorization to issue and sell; security for payment
  For the purpose of providing funds for the authority to make loans to community water systems for a project or projects, or to refinance debt...
• Section 22-23A-8 Bonds - Procedure for sale
  The bonds and other evidences of indebtedness of the authority may be sold at such time or times as the board of directors may deem...
• Section 22-23A-9 Loans in anticipation of bond issuance; refund of local funds provided by community water system
  In anticipation of the issuance of bonds, the authority may borrow such sums as may be needed for any of the aforesaid purposes and to...
• Section 22-23A-10 Refunding bonds
  The authority may, from time to time, issue and sell its refunding bonds for the purpose of refunding any matured or unmatured bonds of the...
• Section 22-23A-11 Establishment of dedicated source of revenue by community water system for funding of loan by authority; powers of water system; default; repayment guidelines; project accounts
  (a) In order to provide for the funding of the loan by the authority for a project to a community water system, such water system...
• Section 22-23A-12 Investment in bonds of authority
  The State Treasurer may invest any idle or surplus moneys of the state in bonds of the authority. The governing body of any county or...
• Section 22-23A-13 Taxation exemption
  All bonds or other indebtedness of the authority and the coupons applicable thereto and the income therefrom and all projects or parts thereof and all...
• Section 22-23A-14 Interest exemption
  All securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but...
• Section 22-23A-15 Purpose of chapter
  This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with...
• Section 22-23A-16 Bonds and coupons deemed negotiable instruments
  All bonds issued by the authority, while registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All...
• Section 22-23A-17 Bonds, notes and certificates not debt of state
  All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees...
• Chapter 23B ALABAMA DRINKING WATER FINANCE AUTHORITY.
• Section 22-23B-1 Legislative findings
  The Legislature hereby finds and declares that the following facts are true and correct: The 104th Congress of the United States of America has recently...
• Section 22-23B-2 Definitions
  The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: AUTHORITY. The corporation...
• Section 22-23B-3 Revolving Loan Fund established; maintenance; administration
  There is hereby established the State of Alabama Drinking Water Revolving Loan Fund, which shall be maintained in perpetuity and operated by the department as...
• Section 22-23B-4 Alabama Drinking Water Finance Authority
  The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department and the Director of Finance may become a...
• Section 22-23B-5 Alabama Drinking Water Finance Authority - Incorporation
  (a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department and the Director...
• Section 22-23B-6 Alabama Drinking Water Finance Authority - Powers
  (a) The authority shall have the following powers, among others specified by or required to implement the provisions of this chapter: To have succession in...
• Section 22-23B-7 Purpose; issuing, selling and refunding of bonds
  For the purpose of providing funds for the authority to make loans to public bodies for a project or projects, or for the payment of...
• Section 22-23B-8 Funding of a loan
  (a) In order to provide for the funding of a loan by the authority for a project to the public body, such public body shall,...
• Section 22-23B-9 Signature; seal
  The bonds of the authority shall be signed by its president or vice-president and attested by its secretary, and the seal of the authority shall...
• Section 22-23B-10 Usury exemption
  All notes, bonds or other securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting...
• Section 22-23B-11 Taxation exemption
  All bonds at any time issued by the authority and the income therefrom shall be exempt from all taxation in the state.
• Section 22-23B-12 Capitalization grant agreements, operating agreements, etc
  The department is hereby authorized to enter into capitalization grant agreements, operating agreements and other arrangements required by the federal act as a condition precedent...
• Section 22-23B-13 Legislative intent
  This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with...
• Section 22-23B-14 Construction
  This chapter is remedial in nature and shall be liberally construed to effect its purposes.
• Chapter 24 WATER WELL STANDARDS.
• Section 22-24-1 Definitions
  For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The Alabama Department...
• Section 22-24-2 Applicability of chapter
  It is the intent of the Legislature that this chapter applies solely to wells drilled for the production of water and has no application to...
• Section 22-24-3 Promulgation and enforcement of rules and regulations
  The board is authorized and directed to make, promulgate and publish such rules and regulations as it deems reasonable and necessary to effectuate and carry...
• Section 22-24-4 Supervision of drilling or repair by licensed driller
  It shall be unlawful for any person to operate any equipment or machinery in the drilling or repair of a water well unless the overall...
• Section 22-24-5 Well driller's license - Required; application; annual fee; term
  Every person who intends to drill water wells within the State of Alabama shall annually obtain from the board a water well driller's license and,...
• Section 22-24-7 Well driller's license - Refusal, suspension or revocation
  (a) A license may be refused or a license duly issued may be suspended or revoked, or the renewal thereof refused by the board, if,...
• Section 22-24-8 Drilling requirements
  It shall be unlawful and a violation of this chapter to drill a water well within the State of Alabama unless the following provisions are...
• Section 22-24-11 Penalty for violation of chapter, etc.; disposition of fines
  Any person guilty of violating any of the provisions of this chapter or the rules and regulations adopted thereunder shall be guilty of a misdemeanor...
• Section 22-24-12 Exemption from provisions of chapter
  The provisions of this chapter shall not be effective in or apply to Baldwin County.
• Chapter 25 WATER AND WASTEWATER SYSTEMS AND TREATMENT PLANTS.
• Section 22-25-1 Definitions
  For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The Alabama Department...
• Section 22-25-2 Classification of plants and systems
  The director shall classify all water treatment plants, water distribution systems, wastewater treatment plants, and public wastewater collection systems affecting the public welfare with regard...
• Section 22-25-7 Certification of operators - Duty of director
  The director shall certify persons as to their qualifications to supervise the operation of treatment plants and water distribution and public wastewater collection systems after...
• Section 22-25-8 Certification of operators - Examinations
  The board shall hold at least one examination each year for the purpose of examining candidates for certification, at a time and place designated by...
• Section 22-25-9 Certification of operators - Issuance
  (a) When the director is satisfied that an applicant is qualified, by examination or otherwise, the director shall issue a certificate attesting to the competency...
• Section 22-25-11 Certification of operators - Term; renewal; promulgation of rules and regulations
  Certificates issued pursuant to this chapter shall continue in effect for three years from the date of issuance or renewal, unless sooner revoked by the...
• Section 22-25-12 Certification of operators - Revocation
  The director may revoke the certificate of an operator, upon recommendation of the board, when any of the following are found: (1) The operator has...
• Section 22-25-13 Rules and regulations
  The board may promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
• Section 22-25-14 Failure of operator to be certified; certain operators excepted
  It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency operating a water treatment plant, water distribution system,...
• Section 22-25-15 Penalty for violations of chapter
  In addition to the provisions of Section 22-22A-5, any person, including any firm, corporation, municipal corporation, water or sewer board, water authority, or other governmental...
• Section 22-25-16 Reimbursement by new employer for training expenses
  In those instances in which a water or wastewater operator of any municipality, municipal utility board, county, or the state is employed by the State...
• Chapter 25A REGULATION OF WASTEWATER ONSITE ENTITIES USING DECENTRALIZED CLUSTER WASTEWATER SYSTEMS.
• Section 22-25A-1 Purpose
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-2 Definitions
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-3 Rules and regulations
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-4 Compliance; powers and duties
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-5 Certification and permitting fees
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-6 Violations
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-7 Public Health Management Entity Fund
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-8 Certificate of economic viability
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-9 Civil action
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Section 22-25A-10 Relation to other laws; applicable licenses required
  Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
• Chapter 25B REGULATION OF PRIVATELY OWNED WASTEWATER SYSTEMS.
• Section 22-25B-1 Definitions
  For purposes of this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama Department of...
• Section 22-25B-2 Exempted entities
  The following entities shall not be certified or regulated by the commission, but shall be subject to all other requirements of this chapter: (1) Cooperatives...
• Section 22-25B-3 Responsibilities of wastewater management entities
  (a) No person, firm, corporation, or other legal entity shall operate as a wastewater management entity without full compliance with this chapter and rules promulgated...
• Section 22-25B-4 ADPH regulation of cluster wastewater systems
  (a) Consistent with this chapter, the ADPH shall promulgate and enforce such rules as are necessary to regulate cluster wastewater systems and their wastewater management...
• Section 22-25B-5 ADEM regulation of community wastewater systems
  (a) Consistent with this chapter, ADEM shall promulgate and enforce rules as are necessary to regulate community wastewater systems and their wastewater management entities. Such...
• Section 22-25B-6 PSC regulation of wastewater management entities
  (a) The PSC shall promulgate and enforce such rules as are necessary to certify and monitor the economic viability of wastewater management entities. Such regulations...
• Section 22-25B-7 Fees and penalties
  The costs of administering this chapter by the PSC, ADEM, and ADPH shall be funded from certification fees, permit fees, and regulatory fees paid by...
• Section 22-25B-8 Advisory group
  An advisory group shall be established to advise the appropriate regulatory agencies on construction/installation standards, hereafter known as the Advisory Group on Minimum Construction Standards,...
• Section 22-25B-9 Wastewater system failure
  (a) Upon the failure of a management entity to remediate any wastewater system failure within a reasonable time to protect the health and safety of...
• Section 22-25B-10 Public right-of-way crossing
  A certified wastewater management entity, with the approval of the governmental entities in control of the rights-of-way, may install and maintain sewer collection and effluent...
• Section 22-25B-11 Civil action
  In addition to any rights and remedies specified herein or otherwise provided by law, the PSC, ADEM, ADPH, district attorney, or the Attorney General, or...
• Section 22-25B-12 Relation to other laws
  (a) Except as specifically provided herein, this chapter is not intended to apply to small-flow cluster systems as defined in Section 22-25B-1 and is supplemental...
• Chapter 25C CENTRALIZED WASTE TREATMENT FACILITY FINANCIAL ASSURANCE REQUIREMENTS.
• Section 22-25C-1 Operation of facilities; bond; closure cost estimates
  (a) Notwithstanding any provision of law, and except as provided in Section 22-25C-2, the Alabama Department of Environmental Management (ADEM), prior to the issuance of...
• Section 22-25C-2 Rulemaking authority; disposition of fees
  (a) ADEM shall promulgate rules necessary to implement and administer the provisions of this chapter. (b) Any fees collected pursuant to subsection (a) of this...
• Chapter 26 SEWAGE COLLECTION, TREATMENT AND DISPOSAL FACILITIES.
• Section 22-26-1 Insanitary sewage facilities menacing public health
  It shall be unlawful and shall constitute a misdemeanor to build, maintain or use an insanitary sewage collection, treatment and disposal facility or one that...
• Section 22-26-2 Authority of boards of health to require installation of connections with sanitary sewers, etc.; rules and regulations
  The State Board of Health and/or county boards of health, acting through its duly authorized agents or employees, shall require every person, firm or corporation...
• Section 22-26-3 Approval of plans and specifications
  All plans and specifications applying to sewage collection, treatment and disposal shall be first submitted to the State Board of Health and/or county boards of...
• Section 22-26-4 Permits for installation of plumbing within police jurisdiction of municipal corporations
  The issuance of permits for the installation of plumbing within structures located within the police jurisdiction of municipal corporations, and the inspection and approval of...
• Section 22-26-5 Permits for installation of plumbing outside jurisdiction of municipal corporations
  Repealed by Act 2016-305, §2, effective May 10, 2016.
• Section 22-26-6 Penalty for violations of chapter
  Any person, firm, corporation or municipal corporation responsible for conforming or maintaining as required in this chapter and who fails to conform or maintain in...
• Section 22-26-7 Certain land subdivided for single-family residences and not having access to public sewer not subject to subdivision regulations of State Board of Health
  (a) Land subdivided for single-family residential purposes into lots of not less than three acres in size shall not be subject to the subdivision criteria...
• Chapter 27 SOLID WASTE.
• Article 1 Solid Wastes Disposal Act.
• Section 22-27-1 Short title
  This article shall be known as the "Solid Wastes and Recyclable Materials Management Act."
• Section 22-27-2 Definitions
  For the purpose of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,...
• Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household exemptions; state regulatory program
  (a) Generally. (1) The county commission or municipal governing body may, and is hereby authorized to, make available to the general public collection and disposal...
• Section 22-27-4 Hazardous wastes; unauthorized dumps; vermin controls
  (a) Hazardous wastes. Hazardous wastes shall be managed in accordance with the provisions of Sections 22-30-1 through 22-30-24, and the rules promulgated thereunder. (b) Unauthorized...
• Section 22-27-5 Authority of localities to establish charges, fees, etc., and enter into mutual agreements or contracts; approval of department; licensing of private or corporate agencies; permits and bonds; nonpayment of fees, etc
  (a) Fees, etc.; mutual agreements or contracts. The county commission or municipality undertaking the responsibility for providing services to the public under this article may...
• Section 22-27-5.1 Tipping fee for use of certain county landfills
  (a) Notwithstanding any other provision of law, any county having a population of 25,000 inhabitants or less, according to the 1990 federal decennial census, which...
• Section 22-27-5.2 Solid waste landfill moratorium
  (a)(1) Notwithstanding any provision of law, until May 31, 2014, neither the department nor any state or local agency may grant any new permits to...
• Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance as public nuisance; citation; court proceedings
  (a) The county commission may by resolution or ordinance provide for the orderly collection of fees charged under the provisions of this article. Such commission...
• Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for violation of article
  With regard to the collection of solid wastes, the Health Department shall exercise such supervision over equipment, methodology and personnel in the management of solid...
• Section 22-27-8 Financial assurance
  (a) All persons having or requesting a permit for the operation of a municipal solid waste landfill shall establish and maintain financial assurance for proper...
• Section 22-27-9 Authority of Department of Environmental Management and Department of Public Health
  (a) The Department of Environmental Management shall be the agency with primary regulatory authority over the management of solid waste in the state, except for...
• Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights and remedies
  (a) Solid waste shall be collected, transported, disposed, managed, or any combination thereof, according to the requirements of this article, and the rules of the...
• Section 22-27-11 Violations; penalties; administrative orders; injunctive relief
  (a) Any violation of this article, any rule promulgated under the authority of this article, any order issued under the authority, or any term or...
• Section 22-27-12 Powers of department
  The department may do the following: (1) Adopt rules to implement this article. (2) Adopt rules establishing requirements and restrictions for the management of solid...
• Section 22-27-13 Search warrants
  The department or any appropriate law enforcement agency may apply for, and any judge of a court of record may issue, an appropriate search warrant...
• Section 22-27-14 Commencement of actions
  Notwithstanding any other law to the contrary, actions to correct any violations of this article, the rules promulgated under this article, or for civil or...
• Section 22-27-15 Establishment and review of reduction goals
  (a) No later than October 15, 2009, the department shall establish, by rule, a goal for the percentage, on a statewide basis only, of the...
• Section 22-27-16 Ownership and disposition of recovered materials
  Notwithstanding any other law or any provision of this article to the contrary, a generator of recovered materials owns those materials until such time as...
• Section 22-27-17 Disposal fees; disposition of funds; exemptions; review of records; biennial report
  (a) Beginning on October 1, 2008, the following disposal fees are levied upon generators of solid waste who dispose of solid waste at solid waste...
• Section 22-27-18 Solid Waste Fund; Alabama Recycling Fund
  (a) There are established separate special revenue trust funds in the State Treasury to be known as the Solid Waste Fund (SWF) and the Alabama...
• Article 2 Financing Solid Waste Collection and Disposal Facilities.
• Section 22-27-20 Definitions
  For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COUNTY....
• Section 22-27-21 Purpose and construction of article
  It is the intention of the Legislature by the passage of this article to authorize each county in the state to finance the acquisition by...
• Section 22-27-22 Authority of counties to issue and sell warrants; full faith and credit of county pledged to payment; restrictions on use of proceeds
  Each county shall have the power from time to time to sell and issue interest-bearing warrants of such county for the purpose of paying costs...
• Section 22-27-23 Special pledges for payment of principal and interest on warrants
  (a) The county commission of the county issuing any such warrants may, in its discretion, assign and specially pledge, for the payment of the principal...
• Section 22-27-24 Refunding warrants
  Each such county may, in like manner, from time to time, issue refunding warrants, either by sale or by exchange, for the purpose of refunding...
• Section 22-27-25 Investment of trust funds in warrants
  Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or...
• Section 22-27-26 Warrants and interest coupons as claims against county
  The issuance of warrants and any interest coupons applicable thereto, pursuant to the provisions of this article and in accordance with the authorization of the...
• Section 22-27-27 Conflicts with other laws; Section 11-8-10 not applicable to warrants issued under this article
  Insofar as the provisions of this article may be inconsistent with the provisions of any other law, the provisions of this article shall control. It...
• Article 3 Solid Waste Management Plan.
• Section 22-27-40 Legislative findings
  The Legislature finds that: (1) The state, its subdivisions and the nation face an emerging crisis in solid waste management; (2) Proper waste management is...
• Section 22-27-41 Legislative purpose
  The purpose of this article is to protect the public health and the state's environmental quality and to serve the public by recognizing the responsibilities...
• Section 22-27-42 Legislative intent
  In furtherance of the policies and purposes set forth herein, it is the intent of this legislation: (1) To develop an integrated system of planning...
• Section 22-27-43 Definitions
  All terms used in this article shall be defined as such terms are defined in Section 22-27-2.
• Section 22-27-44 Solid Waste Management Advisory Committee
  There is hereby created a twelve member Solid Waste Management Advisory Committee to advise on the development of the Solid Waste Management Plan. The committee...
• Section 22-27-45 State Solid Waste Management Plan
  The Director of the Alabama Department of Environmental Management, with the advice and consultation of the Solid Waste Management Advisory Committee, is directed to prepare...
• Section 22-27-46 Regional planning and development commissions
  (a) Not later than six months from May 16, 1989, each regional planning and development commission in the state shall prepare and adopt a regional...
• Section 22-27-47 Local plans required
  (a) Each county and any municipality as described below shall submit to the department, within one and one-half years of May 16, 1989, a plan...
• Section 22-27-48 Implementation of plans
  (a) In addition to any regulatory bodies, the governing body of a county or municipality has a responsibility for and the authority to assure the...
• Section 22-27-48.1 Approval process by local governing body for siting of new solid waste management facility
  (a) This section applies to the siting of any new solid waste management facility, as defined in Section 22-27-2. (b) The governing body of a...
• Section 22-27-48(i) THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE MAY 25, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  This section as amended by Act 2017-366 shall not apply to an application received by a local governing body prior to May 25, 2017, for...
• Section 22-27-49 Moratorium on issuance of permits
  (a) For the purpose of evaluating solid waste management problems facing the state and to allow for the development of comprehensive plans to identify and...
• Article 4 Disposal of Waste Cooking Grease and Animal Byproducts.
• Section 22-27-70 Definitions
  When used herein the following words and terms shall have meaning ascribed below unless the context clearly indicates otherwise. (1) COMMERCIAL ESTABLISHMENT. Any food service...
• Section 22-27-71 Disposal in approved manners
  All commercial establishments, except nonlicensed or permitted family farms, which produce waste cooking grease or any inedible animal by-product in the course of doing business...
• Section 22-27-72 Compliance with Section 22-27-71
  Failure to comply with the provisions of Section 22-27-71 are grounds for the refusal of or suspension of a license or permit otherwise required by
• Section 22-27-73 Violations of article
  Any person who violates the provisions of this article shall, upon conviction be guilty of a Class C misdemeanor.
• Article 4A
• Section 22-27-90 Definitions
  When used herein the following terms shall have the following meanings: (1) COMMERCIAL ESTABLISHMENT. Any food service establishment, retail food store, limited food service establishment,...
• Section 22-27-91 Approved methods of disposal
  All waste cooking grease and inedible animal by-product produced in the course of doing business in commercial establishments, except nonlicensed or permitted farms, shall be...
• Section 22-27-92 Transport of cooking grease
  It is unlawful to transport waste cooking grease and virgin cooking grease on or in the same vehicle or to use in the preparation of...
• Section 22-27-93 Compliance with article
  Failure to comply with the provisions of this article shall constitute grounds for the denial, suspension, or revocation of a license or permit otherwise required...
• Section 22-27-94 Violations of article
  Any person who violates the provisions of this article shall, upon conviction, be guilty of a Class B misdemeanor.
• Chapter 27A STANDARDS AND LABELING FOR BIODEGRADABLE PLASTIC CONTAINERS.
• Section 22-27A-1 Standards and labeling for biodegradable plastic containers
  No person shall distribute, sell, or offer for sale any rigid plastic container, including a plastic beverage container, labeled "degradable," "biodegradable," "compostable," or any other...
• Chapter 28 ALABAMA AIR POLLUTION CONTROL ACT.
• Section 22-28-1 Short title
  This chapter shall be known and may be cited as the "Alabama Air Pollution Control Act of 1971."
• Section 22-28-2 Definitions
  For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) AIR POLLUTION. The presence...
• Section 22-28-3 Declaration of policy; purpose of chapter
  (a) It is hereby declared to be the public policy of this state and the purpose of this chapter to achieve and maintain such levels...
• Section 22-28-9 Authority of commission to hire consultants, assistants and other employees
  The commission may employ and compensate, within appropriations available therefor, consultants and such assistants and employees as may be necessary to carry out the provisions...
• Section 22-28-10 Powers of commission generally; advisory committees
  In addition to other powers conferred on it by law, the commission shall have power to: (1) Hold hearings relating to any aspect of or...
• Section 22-28-11 Emission control requirements
  The commission may establish such emission control requirements, by rule or regulation, as in its judgment may be necessary to prevent, abate or control air...
• Section 22-28-12 Motor vehicle emissions
  (a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate, and in furtherance...
• Section 22-28-13 Variances
  (a) The commission may grant individual variances beyond the limitations prescribed in this chapter whenever it is found, upon presentation of adequate proof, that compliance...
• Section 22-28-14 Regulations - Authority of commission
  The commission, pursuant to procedures prescribed in Section 22-28-15, may adopt regulations to promote the purposes of this chapter. Without limiting the generality of this...
• Section 22-28-15 Regulations - Hearings; procedure for adoption
  (a) No substantive regulations shall be adopted, amended or repealed until after a public hearing. At least 20 days prior to the scheduled date of...
• Section 22-28-16 Permits
  (a) The commission, by regulation, shall prohibit the construction, installation, modification or use of any equipment, device or other article which it finds may cause...
• Section 22-28-17 Review of plans and specifications
  (a) The commission may require that notice be given to the director prior to the undertaking of the construction, installation or establishment of particular types...
• Section 22-28-18 Providing of information
  The commission may require the owner or operator of any air contaminant source to establish and maintain such records, make such reports, install, use and...
• Section 22-28-19 Right of entry for inspection; tests and samples
  (a) Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on, or at, which an...
• Section 22-28-20 Availability of records, reports or information
  (a) Any records, reports or information obtained under this chapter shall be available to the public; except, that upon a showing satisfactory to the commission...
• Section 22-28-21 Air pollution emergencies
  (a) Any other provisions of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it...
• Section 22-28-22 Proceedings upon violation of chapter; penalties; subpoenas; injunctions
  (a) Any person who knowingly violates or fails or refuses to obey or comply with this chapter, or any rule or regulation adopted thereunder, or...
• Section 22-28-23 Local air pollution control programs
  (a) Except as provided in this section, it is the intention of this chapter to occupy by preemption the field of air pollution control within...
• Chapter 28A KYOTO PROTOCOL RESPONSE.
• Section 22-28A-1 Short title
  This chapter may be referred to as the Kyoto Protocol Response Act.
• Section 22-28A-2 Legislative findings
  The Legislature of Alabama hereby finds as follows: (1) The United States is a signatory to the 1992 United Nations Framework Convention on Global Climate...
• Section 22-28A-3 Regulations, commitments relating to reduction of greenhouse gases
  (a) Effective immediately, the Director of the Alabama Department of Environmental Management shall refrain from proposing or promulgating any new regulations intended in whole or...
• Section 22-28A-4 Voluntary initiatives
  Nothing in this chapter shall be construed to limit or to impede state or private participation in any on-going voluntary initiatives to reduce emissions of...
• Section 22-28A-5 Effectiveness of chapter
  This chapter shall remain in effect until repealed by an act of the Legislature of Alabama, or until ratification of the Kyoto Protocol by the...
• Chapter 29 POLLUTION CONTROL FINANCE AUTHORITY.
• Section 22-29-1 Definitions
  For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) AUTHORITY....
• Section 22-29-2 Purpose of chapter
  It is the intent of the Legislature by the passage of this chapter to enable the state, acting by and through the authority, to aid...
• Section 22-29-3 Incorporation - Authorized
  The Governor, the State Health Officer and the Director of Finance shall become a public corporation with the power and authority provided in this chapter...
• Section 22-29-4 Incorporation - Application
  The Governor, the State Health Officer and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them...
• Section 22-29-5 Incorporation - Certificate of incorporation
  When the application has been made, filed and recorded as provided in Section 22-29-4, the Secretary of State shall make and issue to the applicants...
• Section 22-29-6 Members, officers and directors; quorum; resolutions and orders
  The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be president of...
• Section 22-29-7 Powers
  The authority shall have the following powers, among others specified in this chapter: (1) To have succession in its corporate name until the principal of...
• Section 22-29-8 Bonds - Authorization to issue and sell; security for payment
  For the purpose of providing funds for the state to make grants to local public bodies for a project or projects or for the payment...
• Section 22-29-9 Bonds - Procedure for sale
  The bonds of the authority may be sold at such time or times as the board of directors may deem advantageous; but unless sold to...
• Section 22-29-10 Bonds - Presumption of validity; contest of validity
  Each authorizing resolution or an indenture of trust provided for therein shall contain a recital that the bonds therein authorized are issued pursuant to the...
• Section 22-29-11 Temporary financing
  In anticipation of the issuance of bonds, the authority may borrow such sums as may be needed, not exceeding $500,000.00 to be outstanding at any...
• Section 22-29-12 Refunding bonds
  The authority may, from time to time, and at any time, issue and sell its refunding bonds for the purpose of refunding any matured or...
• Section 22-29-13 Execution of bonds, certificates and promissory notes
  The bonds, certificates and promissory notes of the authority shall be signed by either its president or its vice-president, as shall be provided in the...
• Section 22-29-14 Bonds and coupons deemed negotiable instruments
  All bonds issued by the authority, while not registered, shall be construed to be negotiable instruments even though they are payable from a limited source....
• Section 22-29-15 Bonds, notes and certificates not debt of state
  All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees,...
• Section 22-29-16 Custody of moneys and funds; disposition of same
  The State Treasurer shall have custody of all moneys or funds paid or delivered to the authority and shall establish a separate account for each...
• Section 22-29-17 Grants to local public bodies - Authorized
  The state is hereby authorized to make grants to any local public body to assist such local public body in the construction of a project....
• Section 22-29-18 Grants to local public bodies - Appropriations
  There are hereby appropriated to the authority for the purpose of making grants to local public bodies the net proceeds of all bonds issued by...
• Section 22-29-19 Grants to local public bodies - Applications
  Any local public body which is eligible for federal aid, grant or assistance under the Federal Water Pollution Control Act for a portion of the...
• Section 22-29-20 Grants to local public bodies - Plan or program
  The plan or program for funding the grant by the authority to a local public body for a project may be any one or more...
• Section 22-29-21 Grants to local public bodies - Powers of local public bodies
  In order to provide for the funding of the grant by the authority for a project to the local public body, such local public body...
• Section 22-29-22 Taxation exemption
  All bonds of the authority, and the coupons applicable thereto, and the income therefrom and all projects, or parts thereof, and all assets of the...
• Section 22-29-23 Dissolution
  When all bonds issued by the authority and all obligations made or assumed by it under the provisions of this chapter shall have been paid...
• Chapter 30 HAZARDOUS WASTES MANAGEMENT.
• Section 22-30-1 Short title
  This chapter may be cited as the "Hazardous Wastes Management and Minimization Act."
• Section 22-30-2 Legislative findings; purpose and intent of chapter
  The Legislature finds that the generation and management of hazardous waste is a continuing problem. Further, that without adequate safeguards, the generation, transportation, treatment, storage...
• Section 22-30-3 Definitions
  When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) COMMISSION. The Environmental...
• Section 22-30-4 Regulatory and investigative authority; monitoring of commercial sites for hazardous wastes; fees; hearings and investigations
  (a) The department has exclusive regulatory authority over all hazardous waste generation, transportation, storage, treatment and disposal and other management practices in the state, and...
• Section 22-30-5.1 Restriction on number of commercial hazardous waste treatment facilities or disposal sites per county; legislative approval of sites
  (a) The term "hazardous waste" shall mean the same as defined by Section 22-30-3(5). (b) Committee shall mean the continuing Select Joint Nuclear Energy Activities...
• Section 22-30-5.2 Construction of provisions
  The provisions of Section 22-30-5.1 are to be construed in pari materia with the provisions of the Southeast Interstate Low-Level Radioactive Waste Management Compact, Section...
• Section 22-30-6 State Department to regulate and supervise storage, disposal, etc., sites
  The operation of any and all sites for the storage, treatment or disposal of hazardous wastes shall be under the direct regulation and supervision of...
• Section 22-30-9 General responsibilities of State Department
  The responsibilities of the department include the following: (1) The department may adopt procedures for granting variances and is empowered to grant such variances. (2)...
• Section 22-30-10 Development and revision of criteria for determining hazardous wastes
  (a) The department, acting through the commission, shall promulgate and revise criteria for identifying hazardous waste. (b) When developing these criteria, the department shall determine...
• Section 22-30-11 Adoption of regulations, guidelines, criteria and standards by State Department; states from which hazardous wastes cannot be accepted; penalty; contracts to satisfy federal capacity assurance programs limited
  (a) The department, acting through the commission, is authorized to promulgate, and may revise when appropriate, rules and regulations, guidelines, criteria and standards for all...
• Section 22-30-12 Permit program
  (a) The department, acting through the commission, is authorized to promulgate a permit program for hazardous waste management practices and, acting through the commission, to...
• Section 22-30-14 Responsibilities of generators
  (a) The department, acting through the commission, is authorized to promulgate rules and regulations establishing such standards, applicable to generators of hazardous waste as may...
• Section 22-30-15 Regulations as to transporters
  Subject to Section 22-30-21, the department, acting through the commission, is authorized to promulgate regulations establishing such standards, applicable to transporters of hazardous waste identified...
• Section 22-30-15.1 Penalty for violation of safety and hazardous materials regulations
  Repealed by Act 98-493, p. 952, §5, effective August 1, 1998.
• Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous waste disposal site operators
  (a) The department, acting through the commission, is authorized to promulgate rules and regulations establishing such standards, applicable to owners and operators of hazardous waste...
• Section 22-30-17 Manifest
  (a) The department shall develop and, acting through the commission, promulgate a manifest. (b) A manifest shall be required to accompany transportation, for off-site storage,...
• Section 22-30-18 Reporting of wastes generated; when reports deemed trade secrets
  Every generator, transporter, and owner and operator of a treatment, storage or disposal facility of hazardous wastes shall establish and maintain such records for a...
• Section 22-30-19 Penalties and remedies
  (a) Whenever, on the basis of any information, the department determines that any person is in violation of any requirement of this chapter, any rule...
• Section 22-30-20 Administration of chapter
  To carry out the provisions and purposes of this chapter, the department is authorized and empowered to: (1) Perform any and all acts necessary to...
• Section 22-30-21 Certain transporters exempted from applicability of chapter
  The provisions of this chapter shall apply to transporters regulated under the provisions of P.L. 91-458, enacted by the congress of the United States, October...
• Section 22-30-24 Chapter supplemental
  This chapter is intended to supplement existing law, and no part thereof shall be construed to repeal any existing laws enacted for the protection of...
• Chapter 30A ALABAMA HAZARDOUS SUBSTANCE CLEANUP FUND.
• Section 22-30A-1 Legislative findings; purpose and intent of chapter
  The Legislature finds that hazardous substances have been treated, stored or disposed of at sites which are inactive or abandoned and that such sites have...
• Section 22-30A-2 Definitions
  When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) CLEANUP. All activities...
• Section 22-30A-3 Alabama Hazardous Substance Cleanup Fund established; appropriations
  (a) There is hereby established within the State Treasury a special revenue fund to be known as the Alabama Hazardous Substance Cleanup Fund. All federal...
• Section 22-30A-4 Powers of department; use of fund
  (a) In relation or addition to the powers set forth in this section and any other provisions of laws of this state, the department is...
• Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director; development and implementation of cleanup plan; public comment period; orders; notice and hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil action; penalties
  (a) The director shall identify inactive or abandoned hazardous substance sites, as defined herein, within the State of Alabama. Once identified the director shall refer...
• Section 22-30A-6 Scope of cleanup plan; factors considered
  In determining the scope, nature and content of a hazardous substance cleanup plan the director shall evaluate reasonable alternatives and select or approve those actions...
• Section 22-30A-7 Annual report; to whom transmitted
  (a) The director shall, on or before January 1, 1989, and annually thereafter on January first of each succeeding year, transmit an updated annual report...
• Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney General to recover expenses; administrative order or civil action; for what costs fund may be reimbursed; contributions among liable parties; declaratory judgment action to determine apportionment
  (a) Liable parties shall be liable to the state for amounts expended for the investigation, identification, containment and cleanup of hazardous substance sites, including the...
• Section 22-30A-9 Liability for actions taken or omitted under chapter
  No action may be commenced against the director, any employee of the department, or any person under contract with the department for damages as a...
• Section 22-30A-10 Right to enter property
  The director or his designee shall have the right at reasonable times to enter upon any property upon which a known or suspected inactive or...
• Section 22-30A-11 Violations of chapter; civil penalties
  (a) It shall be a violation of the provisions of this chapter for any liable party to: (1) Violate any provision of or time period...
• Chapter 30B FEES FOR DISPOSAL OF HAZARDOUS WASTE OR SUBSTANCES.
• Section 22-30B-1 Definitions
  When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) COMMERCIAL SITE FOR...
• Section 22-30B-1.1 Legislative findings
  The Legislature finds that: (1) The state is increasingly becoming the nation's final burial ground for the disposal of hazardous wastes and materials; (2) The...
• Section 22-30B-2 Operator fees
  In addition to all other fees levied and collected prior to September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on...
• Section 22-30B-2.1 Annual payments to counties; guaranteed amount; distribution of funds
  (a) There is hereby provided to all counties having less than 25,000 population and wherein on April 17, 1990, a commercial site for the disposal...
• Section 22-30B-2.2 Pledge and appropriation of funds for Public Health Finance Authority
  For the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of the state, for the Alabama Public Health Finance Authority to...
• Section 22-30B-2.4 Restrictions on disposal of hazardous waste; exceptions
  No commercial site for the disposal of hazardous waste and hazardous substances shall during any calendar year receive and dispose of more than 600,000 tons...
• Section 22-30B-3 Deposit and use of proceeds
  The proceeds from the fee herein levied, less the Department of Revenue's actual cost for administration and collection, not to exceed 10 percent, shall be...
• Section 22-30B-4 Appropriation and use of funds
  Funds guaranteed to any county as set forth in Section 22-30B-2.1 shall be appropriated and expended for such purposes as provided by local act.
• Section 22-30B-4.1 Levy of local fees
  Nothing in this title or any other law shall prevent any local law levying an additional fee to be paid by the operators of commercial...
• Section 22-30B-5 Time for payment of fees; penalty for failure to timely pay fees; interest
  All state fees levied under this chapter shall be paid to the State Department of Revenue no later than the thirtieth day of the month...
• Section 22-30B-6 Penalty for failure to submit monthly reports
  If no fee as defined herein is due from any operator covered by the provisions of this chapter, the operator nevertheless shall be required to...
• Section 22-30B-7 Penalty for false or fraudulent reports
  Any operator covered by the provisions of this chapter who willfully renders a false or fraudulent report, shall be assessed by the Department of Revenue...
• Section 22-30B-9 Lien
  The fee, together with interest and penalties imposed by this chapter, shall be a lien upon the property of the operator which is subject to...
• Section 22-30B-10 Monthly report to be sworn; perjury in making report
  The monthly report herein required shall be sworn to before some officer authorized to administer oaths, and any false or fraudulent statement to a material...
• Section 22-30B-11 Record of hazardous waste or hazardous substances received for disposal; maintenance of records; penalties
  Any operator of a commercial site for the disposal of hazardous waste or hazardous substances shall maintain written records of all such waste or substances...
• Section 22-30B-12 Violation of chapter; restraint from continuing in business; institution of prosecution
  Any operator who shall violate any of the provisions of this chapter and shall fail to correct such violation within 60 days after notice to...
• Section 22-30B-13.1 Credit for overpayment
  Any operator subject to this chapter who, after September 30, 1992, pays increased fees for disposal of waste and substances which have been generated inside...
• Section 22-30B-15 Confidentiality of fee reports; exception; penalty; refusal of assistant or agent of Department of Revenue to perform duties; penalty
  (a) It shall be unlawful for any person to print or publish in any manner whatever the fee report of any operator or any part...
• Section 22-30B-16 Location of reports and records
  The reports and records shall remain in the office of the Department of Revenue and shall not be open to public inspection.
• Section 22-30B-17 Cooperation with county officials; promulgation of rules and regulations
  The Commissioner of Revenue shall fully cooperate with county officials for the successful administration of the county fee levied in Section 22-30B-4 and have the...
• Section 22-30B-18 Construction of chapter; effect of Southeast Interstate Low-Level Radioactive Waste Management Compact
  The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws. The provisions of this chapter are to be construed...
• Section 22-30B-19 Creation of the Alabama Legacy for Environmental Research Trust
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-412 EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 22-30B-20 Fee to be deposited in Alabama Hazardous Substance Cleanup Fund
  In addition to all other fees levied herein, there is also hereby levied a fee to be paid by the operators of each commercial site...
• Chapter 30C CHEMICAL WEAPONS DESTRUCTION LIMITATION ACT.
• Section 22-30C-1 Short title
  This chapter may be cited as the "Chemical Weapons Destruction Limitation Act."
• Section 22-30C-2 Legislative findings
  The Legislature finds that the sense of the Anniston community is that the continued storage of the Army's chemical stockpile at the Anniston Army Depot...
• Section 22-30C-3 Wastes processed and destroyed
  The Army, having committed to the safe and complete disposal of the Anniston Army Depot stockpile, shall only process and destroy at its Anniston Demilitarization...
• Section 22-30C-4 Compliance
  The Army shall comply with its stated and written plan to close the demilitarization facility in accordance with the Resource Conservation and Recovery Act (RCRA),...
• Chapter 30D Alabama Drycleaning Environmental Response Trust Fund.
• Section 22-30D-1 Short title
  This chapter shall be known and cited as "The Alabama Drycleaning Environmental Response Trust Fund Act."
• Section 22-30D-2 Legislative findings
  (a) The Legislature of the State of Alabama makes the following findings and declarations: (1) The soils, water, and air of this state constitute unique...
• Section 22-30D-3 Definitions
  Unless otherwise defined in this chapter, the definitions of terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of this...
• Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations
  (a)(1) All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be covered or not to be covered by this...
• Section 22-30D-5 Alabama Drycleaning Environmental Response Trust Fund
  (a) There is hereby created the Alabama Drycleaning Environmental Response Trust Fund, hereinafter referred to as the "fund." The fund as so created shall be...
• Section 22-30D-6 Registration; fees
  (a) No later than May 24, 2001, each owner or operator of a drycleaning facility located in this state who shall notify the department that...
• Section 22-30D-7 Expenditure of funds
  (a) Prior to the approval of an expenditure of any funds under this chapter with respect to payment for costs incurred for investigation, assessment, and,...
• Section 22-30D-8 Advisory board
  (a) There is hereby created the Alabama Drycleaning Environmental Response Trust Fund Advisory Board consisting of seven persons who are residents of the state appointed...
• Section 22-30D-9 Liability
  (a)(1) Except as otherwise preempted or limited by applicable federal law, upon reporting to the department and the board of any contamination or suspected contamination,...
• Section 22-30D-10 Administration allowance; disposition of revenues
  (a) The department shall receive an administration allowance as set forth in Section 22-30D-11. Administration cost incurred by the board and actual costs of the...
• Section 22-30D-11 Appropriations
  (a) There is hereby appropriated from the fund to the department for the fiscal year beginning in the 2001-2002 fiscal year, and for each following...
• Section 22-30D-12 Notification
  No later than August 23, 2000, the department shall notify owners and operators and wholesale distributors of the provisions of this chapter, the required timely...
• Chapter 30E ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT ACT.
• Section 22-30E-1 Short title
  This chapter shall be known and may be cited as the "Alabama Land Recycling and Economic Redevelopment Act."
• Section 22-30E-2 Legislative findings; purpose and intent of chapter; establishment of voluntary assessment and/or cleanup program for properties with potential environmental contamination
  (a) The Legislature finds that rural and urban property in Alabama may have areas of actual or perceived contamination at levels that may not be...
• Section 22-30E-3 Definitions
  Unless otherwise defined in this chapter, the definition of all terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as necessary...
• Section 22-30E-4 Authority of the department to establish rules and regulations
  (a) The department, acting through the commission, may adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce this chapter as necessary...
• Section 22-30E-5 Additional powers and duties of department
  (a) In addition to the powers and duties specified in this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive, the department shall have and may...
• Section 22-30E-6 Criteria for property qualification for voluntary cleanup program
  (a) In order to be considered a qualifying property for participation in the voluntary cleanup program established pursuant to this chapter, a property shall, unless...
• Section 22-30E-7 Criteria for applicant participation in voluntary cleanup program
  (a) To qualify for participation in the voluntary cleanup program as provided in this chapter, an applicant shall not, unless granted a variance under subsection...
• Section 22-30E-8 Criteria for qualification for limitation of liability
  (a) To qualify for a limitation of liability as provided in subsection (a) of Section 22-30E-9, an applicant shall meet all the following criteria: (1)...
• Section 22-30E-9 Requirements for voluntary property assessment plans, voluntary cleanup plans; financial assurance
  (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the department's approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence...
• Section 22-30E-10 Limitation of liability provisions
  (a) The Legislature declares that, in order to achieve the economic redevelopment and site rehabilitation of contaminated properties in accordance with this chapter, it is...
• Section 22-30E-11 Voluntary Cleanup Properties Inventory list
  (a) Beginning on August 21, 2001, the department shall compile and update as necessary an inventory of all qualifying properties for which a voluntary properties...
• Section 22-30E-12 Alabama Land Recycling and Economic Redevelopment Commission
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 22-30E-13 Stakeholders Advisory Committee
  (a) Within 90 days of May 21, 2001, the department shall notify potentially affected and other interested parties to invite participation in developing the program...
• Chapter 30F ALABAMA LAND RECYCLING FINANCE AUTHORITY.
• Section 22-30F-1 Short title
  This chapter shall be known and may be cited as the "Alabama Land Recycling Finance Authority."
• Section 22-30F-2 Legislative findings; purpose and intent of chapter; establishment of revolving loan program for voluntary remediation of environmentally contaminated areas
  (a) The Legislature finds that rural and urban property in Alabama may have areas of contamination which may be addressed via the Alabama Land Recycling...
• Section 22-30F-3 Definitions
  The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The...
• Section 22-30F-4 Revolving Loan Fund established; maintenance; administration
  (a) There is hereby established the State of Alabama Land Recycling Revolving Loan Fund, which shall be maintained in perpetuity and operated by the department...
• Section 22-30F-5 Alabama Land Recycling Finance Authority. - Generally
  The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department, and the Director of Finance may become a...
• Section 22-30F-6 Alabama Land Recycling Finance Authority - Incorporation
  (a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department, and the Director...
• Section 22-30F-7 Alabama Land Recycling Finance Authority - Powers
  (a) The authority shall have each of the following powers, among others specified by or required to implement this chapter: (1) To sue and be...
• Section 22-30F-8 Funding of a loan
  (a) In order to provide for the funding of a loan by the authority for a project to the public body, such public body shall,...
• Section 22-30F-9 Usury exemption
  All notes, bonds, or other securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting...
• Section 22-30F-10 Capitalization grant agreements, operating agreements, other arrangements
  The department is hereby authorized to enter into capitalization grant agreements, operating agreements, and other arrangements required by the United States Environmental Protection Agency, other...
• Section 22-30F-11 Legislative intent
  This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with...
• Chapter 31 DETERMINATION OF DEATH.
• Section 22-31-1 Determination of death
  An individual who, in the opinion of a medical doctor licensed in Alabama, has sustained either (1) irreversible cessation of circulatory and respiratory functions, or...
• Section 22-31-2 Use of other methods
  Nothing in this chapter shall prohibit a physician from using other procedures based on accepted medical standards for determining death as the exclusive basis for...
• Section 22-31-3 Procedure where part of body to be used for transplantation
  (a) When a part of a donor is proposed to be used for transplantation pursuant to Article 3 of Chapter 19 of this title and...
• Section 22-31-4 Liability for acts
  A person who acts in accordance with the terms of this chapter is not liable for damages in any civil action or subject to prosecution...
• Chapter 32 SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
• Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact
  The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted into law and entered into by the State of Alabama with any and all...
• Section 22-32-2 Members of Southeast Interstate Low-Level Radioactive Waste Management Commission
  The Director of the Bureau of Radiological Health and the Director of the Department of Energy shall serve as members of the Southeast Interstate Low-Level...
• Section 22-32-3 Acquisition of waste disposal site
  The Department of Energy may accept gifts or grants of title to real property for establishing a low-level radioactive waste disposal site. Further, upon the...
• Section 22-32-4 Authorization to operate site; users' charges; lease or contract for operation and disposal of low-level radioactive wastes
  (a) The Alabama Department of Energy is authorized to operate a treatment, storage or disposal site for low-level radioactive wastes pursuant to any license issued...
• Section 22-32-5 Radiation Safety Fund; licensing and inspection fees; bond of contractor-leasor; perpetual care fund; operating fund; compact commission fund; royalty fees; appropriation
  (a) There is hereby created a Radiation Safety Fund into which the State Treasurer shall deposit the licensing, application, and inspection fee of the Radiation...
• Section 22-32-6 Delegation of authority to stop, inspect and enforce regulations
  The Radiation Control Agency may delegate to other agencies by memorandum of understanding all or part of their authority to stop, inspect, and enforce radiation...
• Section 22-32-7 Cooperation of departments, agencies, officers and political subdivisions with commission
  All departments, agencies and officers of this state and its political subdivisions are hereby authorized to cooperate with the Southeast Interstate Low-Level Radioactive Waste Commission...
• Section 22-32-8 Issuance of order prohibiting use of source of ionizing radiation for nonpayment of fees; impoundment or seizure; release on payment of fees, costs, etc.; auction of unredeemed equipment, etc.; fine for violation of chapter
  (a) The Radiation Control Agency shall issue an order prohibiting the use of sources of ionizing radiation by any person who receives, possesses, uses, or...
• Section 22-32-9 Effective date
  The provisions of this chapter became effective August 15, 1983.
• Chapter 34 WATER POLLUTION CONTROL AUTHORITY.
• Section 22-34-1 Definitions
  The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The...
• Section 22-34-2 Legislative intent
  It is the intent of the Legislature by the passage of this chapter to enable the state acting by and through the authority and the...
• Section 22-34-3 Revolving fund established; use of funds; administration of fund; annual report
  (a) There is hereby established the Water Pollution Control Revolving Loan Fund, which shall be maintained in perpetuity and operated by the department as agent...
• Section 22-34-4 Water pollution control authority established; membership
  The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Director of the Department of Environmental Management, and the Director of Finance...
• Section 22-34-5 Application for corporation; contents; officers; board of directors; record of proceedings
  (a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House, the director of the department and the Director of Finance...
• Section 22-34-6 General powers
  (a) The authority shall have the following powers, among others specified by this chapter: (1) To have succession in its corporate name until the principal...
• Section 22-34-7 Authority authorized to issue bonds
  For the purpose of providing funds for the authority to make loans to public bodies for a project or projects, or for the payment of...
• Section 22-34-8 Sale of bonds
  The bonds and other evidences of indebtedness of the authority may be sold at such time or times as the board of directors may deem...
• Section 22-34-9 Certificates or notes in anticipation of bonds
  In anticipation of the issuance of bonds, the authority may borrow such sums as may be needed for any of the aforesaid purposes and to...
• Section 22-34-10 Refunding bonds
  The authority may from time to time issue and sell its refunding bonds for the purpose of refunding any matured or unmatured bonds of the...
• Section 22-34-11 Dedicated source of revenue to repay moneys; default; accounting standards
  (a) In order to provide for the funding of the loan by the authority for a project to the public body, such public body shall...
• Section 22-34-12 Investment in authority bonds
  The State Treasurer may invest any idle or surplus moneys of the state in bonds of the authority. The governing body of any county or...
• Section 22-34-13 Tax exempt
  All bonds or other indebtedness of the authority and the coupons applicable thereto and the income therefrom and all projects or parts thereof and all...
• Section 22-34-14 Exempt from usury laws
  All securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but...
• Section 22-34-15 No proceeding, notice or approval required
  This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with...
• Section 22-34-16 Negotiable instruments
  All bonds issued by the authority, while registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All...
• Section 22-34-17 Obligations solely of authority
  All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees...
• Chapter 35 ALABAMA UNDERGROUND STORAGE TANK TRUST FUND.
• Section 22-35-1 Legislative findings and intent
  The Legislature of the State of Alabama finds and declares that certain lands of Alabama constitute unique and delicately balanced resources; that the protection of...
• Section 22-35-2 Short title
  This chapter may be cited as the "Alabama Underground and Aboveground Storage Tank Trust Fund Act."
• Section 22-35-3 Definitions
  For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABOVEGROUND...
• Section 22-35-4 Alabama Underground and Aboveground Storage Tank Trust Fund
  There is hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund, hereinafter referred to as the "fund," to be administered by the Secretary-Treasurer...
• Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs; audit
  (a) Every owner of an underground or aboveground storage tank as defined in this chapter shall pay an Underground and Aboveground Storage Tank Trust Fund...
• Section 22-35-6 Alabama Underground and Aboveground Storage Tank Trust Fund Management Board created; composition; powers and duties; compensation
  (a) There is hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board, hereinafter referred to as the "management board," comprised of...
• Section 22-35-7 Financial responsibility requirements for taking response action
  (a) The financial responsibility requirements for taking response action by underground motor fuel storage tank owners or operators shall be set at five thousand dollars...
• Section 22-35-8 Rehabilitation of contamination sites
  (a) The Legislature finds that in order to provide for the expeditious rehabilitation of contamination sites, voluntary rehabilitation of contamination sites should be encouraged, provided...
• Section 22-35-9 Administration cost of chapter; annual budgets for administration
  (a) Administration cost of all the provisions of this chapter shall be charged to the fund. Annual budgets for administration are to be included as...
• Section 22-35-10 Rules and regulations; department may require owner or operator to provide information
  (a) Rules and regulations pertaining to this chapter shall be adopted by the commission in accordance with applicable state and federal laws. The commission shall...
• Section 22-35-11 Notice to underground and aboveground storage tank owners of provisions of chapter
  No later than 90 days after October 1, 1988, with regard to underground storage tank owners and no later than 90 days after August 1,...
• Section 22-35-12 Liability of underground and aboveground storage tank owner
  This chapter is to assist the underground and aboveground storage tank owner to the extent provided for in this chapter, but not to relieve the...
• Section 22-35-13 No disbursements from fund until adoption of rules and regulations governing disbursements
  Disbursements from the fund for the purpose of paying clean-up costs or satisfying third party liability claims shall not be made until rules and regulations...
• Chapter 36 ALABAMA UNDERGROUND STORAGE TANK AND WELLHEAD PROTECTION ACT.
• Section 22-36-1 Short title
  This chapter may be cited as the "Alabama Underground Storage Tank and Wellhead Protection Act of 1988."
• Section 22-36-2 Definitions
  For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COMMISSION....
• Section 22-36-3 Rules and regulations governing underground storage tanks
  The department, acting through the commission, is authorized to promulgate rules and regulations governing underground storage tanks and is authorized to seek the approval of...
• Section 22-36-4 Information to be furnished by owner upon request of department; owner to permit access to records and entry and inspection of facilities
  For the purposes of determining compliance with regulations or detecting pollution, any owner or operator of an underground storage tank shall upon request of a...
• Section 22-36-5 Tank regulation fee
  To provide revenue for regulation, the department shall, beginning October 1, 1988, collect a tank regulation fee of not less than $15.00 and not more...
• Section 22-36-6 Expenditure of funds from leaking Underground Storage Tank Trust Fund; investigative and corrective powers in regard to administration of funds; liability of owner or operator for costs
  (a) The department shall be authorized to administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by...
• Section 22-36-7 Rules and regulations to establish and protect wellhead areas
  The department, acting through the commission, is authorized to promulgate rules and regulations to establish and protect wellhead areas, associated with public water supply systems,...
• Section 22-36-8 Availability to public of records, reports, or information obtained under chapter
  Any records, reports, or information obtained under this chapter shall be available to the public; except that upon a showing satisfactory to the department by...
• Section 22-36-9 Penalties
  (a) Any person who willfully violates any provision of this chapter, or rule, regulation or standard adopted under this chapter, shall be punished by a...
• Section 22-36-10 Rules and regulations
  Rules and regulations pertaining to this chapter shall be adopted in accordance with applicable state and federal laws.
• Chapter 37 ALABAMA LEAD BAN ACT.
• Section 22-37-1 Short title
  This chapter may be cited as the "Alabama Lead Ban Act of 1988."
• Section 22-37-2 Definitions
  When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) COMMISSION. The Alabama...
• Section 22-37-3 Rules and regulations
  The commission is hereby authorized and empowered to promulgate rules and regulations to restrict the import, distribution, and sale of plumbing, appurtenances and materials which...
• Section 22-37-4 Amendment of city and county plumbing codes to include provisions of this chapter
  All formally adopted city and county plumbing codes shall be amended within 12 months of May 10, 1988, to include the provisions of this chapter...
• Section 22-37-5 Notice to customers of water suppliers of potential for lead contamination
  Suppliers of water in public water systems shall provide notice to the customers of the potential for lead contamination from drinking water in a format...
• Section 22-37-6 Use or sale of materials that are not lead-free for drinking water system or plumbing; civil penalty
  It shall be unlawful for any person constructing, installing, or repairing a drinking water system or plumbing to provide drinking water to use any pipe,...
• Chapter 37A ALABAMA LEAD REDUCTION ACT OF 1997.
• Section 22-37A-1 Short title
  This chapter may be cited as the Alabama Lead Reduction Act of 1997.
• Section 22-37A-2 Definitions
  As used in this chapter, the following terms have the following meanings: (1) ACCREDITED INDIVIDUAL. An individual who engages in lead hazard reduction activities, who...
• Section 22-37A-3 Scope of chapter; functions of board
  (a) With regard to facilities, the scope of this chapter shall not exceed the requirements of Title IV of the Federal Toxic Substances Control Act....
• Section 22-37A-4 Investigations
  The State Health Officer may conduct investigations as necessary to administer this chapter, and the rules adopted and orders issued under this chapter. The State...
• Section 22-37A-5 Certification of persons engaged in lead hazard reduction on activities; powers of board
  (a) Before engaging in lead hazard reduction activities, a person, firm, or corporation shall be certified by the board as specified in this chapter. This...
• Section 22-37A-6 Designating Safe State as accreditation agency; powers of Safe State
  (a) Safe State, a division of the University of Alabama, is designated as the state accreditation agency for lead hazard training. (b) Subject to the...
• Section 22-37A-7 Certification; violation
  (a) Persons engaged in lead hazard reduction activities shall be certified by the board and observe proper removal procedures and precautions, as established by the...
• Section 22-37A-8 Injunctive relief
  If it appears that a person has violated, is violating, or is threatening to violate Section 22-37A-5 or Section 22-37A-7 or a rule adopted or...
• Section 22-37A-9 Fee, fines, etc. collected
  All fees collected and all fines, penalties, and funds of any nature received by the State Board of Health under authority of this chapter shall...
• Chapter 38 ALABAMA AGRICULTURAL NONPOINT SOURCE FINANCIAL ASSISTANCE ACT.
• Section 22-38-1 Short title
  This chapter may be cited as the Alabama Agricultural Nonpoint Source Financial Assistance Act of 1988.
• Section 22-38-2 Definitions
  For the purposes of this chapter the following words and phrases shall have the following meaning: (1) COMMITTEE. The Alabama State Soil and Water Conservation...
• Section 22-38-3 Legislative intent
  In order to further the efficient and effective administration of programs related to agricultural nonpoint sources of pollution it is hereby declared to be the...
• Section 22-38-4 Administration of federal funds by committee; transfer of federal funds received by other state agencies to committee; application to Legislature for matching funds; coordination of use of funds
  All federal funds available to state agencies for financial assistance through cost-share grants to landusers for agricultural nonpoint source pollution control shall be administered by...
• Section 22-38-5 Disbursement of funds
  Any cost-share funds received by the department for the control of all sources of nonpoint source pollution shall be disbursed in accordance with applicable laws,...
• Section 22-38-6 Priorities for all nonpoint source pollution control; administration of grants in accordance with priorities; committee to provide information to department as to progress in water quality
  The overall state plan for nonpoint source pollution control shall establish priorities for all nonpoint source pollution control. The committee shall administer agricultural, nonpoint source...
• Section 22-38-7 Department is lead agency in developing state plan; authority to contract with other state agencies
  The department is the lead agency for the development of the state plan and for the regulation of all nonpoint source pollution as required by...
• Section 22-38-8 Rules and regulations; personnel
  The committee is hereby authorized to establish rules and regulations necessary to implement the provisions of this chapter and is also authorized to employ such...
• Chapter 39 ASBESTOS CONTRACTOR ACCREDITATION ACT.
• Section 22-39-1 Purpose
  The purpose of this chapter is to establish an asbestos contractor accreditation plan for the State of Alabama in compliance with Section 206 of the...
• Section 22-39-2 Short title
  This chapter shall be known and may be cited as the "Alabama Asbestos Contractor Accreditation Act."
• Section 22-39-3 Services requiring accreditation by the state
  Any person, firm, or corporation, before engaging in the business of any of the following services, must be accredited by this state as specified in...
• Section 22-39-4 Safe-State Program designated accreditation agency; duties; fees
  (a) The Safe-State Program, a division of the University of Alabama, Tuscaloosa, Alabama, is hereby designated as the State of Alabama's accreditation agency for such...
• Section 22-39-5 Certification requirement; civil penalty
  (a) The Alabama Department of Environmental Management is hereby authorized to require any person, firm, or corporation who is the owner or operator of any...
• Chapter 40 SCRAP TIRE DISPOSAL.
• Section 22-40-1 Definitions
  Repealed Act 2003-332, p. 823, §25 effective October 1, 2004.
• Section 22-40-2 Scrap tire license - Generally
  Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004.
• Section 22-40-3 Scrap tire license - Display; decal
  Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004.
• Section 22-40-4 Disposal of scrap tires
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-5 Records - receivers
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-6 Records - Transporters
  Repealed and superseded by Chapter 40A, Act 2003-332, §25 effective October 1, 2004.
• Section 22-40-7 Records - Collection
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-8 Enforcement
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-9 Distribution of funds
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-10 Scrap Tire Study Commission
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Section 22-40-11 Construction and administration of chapter
  Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
• Chapter 40A ALABAMA SCRAP TIRE ENVIRONMENTAL QUALITY ACT.
• Section 22-40A-1 Short title
  This chapter shall be known and may be cited as the Alabama Scrap Tire Environmental Quality Act.
• Section 22-40A-2 Legislative findings; purpose
  (a) The Legislature finds as follows: (1) The Alabama Scrap Tire Study Commission (STSC) submitted a report as required by Section 22-40-10, and SJR 152,...
• Section 22-40A-3 Definitions
  The following terms shall have the following meanings unless the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by, or meets standards of a...
• Section 22-40A-4 Accumulation and exposure limits
  (a) No person may accumulate more than 100 scrap tires, except as a permitted processor, registered receiver, permitted landfill, or transporter who has requested and...
• Section 22-40A-5 Cleanup; reports; regulations; remediation management
  (a) Accumulations of scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by the person who created or maintained the...
• Section 22-40A-6 Receivers generally
  (a) For purposes of this chapter, there shall be two classes of receivers, Class One receivers and Class Two receivers as defined in Section 22-40A-3....
• Section 22-40A-7 Transportation of scrap tires; permits
  (a) No person, except properly registered receivers, may engage in the transportation of scrap tires, whether or not for profit, without holding a valid transporter...
• Section 22-40A-8 Processing of scrap tires; permits
  (a) No person may engage in the processing of scrap tires, as defined herein, whether or not organized for profit, unless the person holds a...
• Section 22-40A-9 Manifests; out-of-state tires transported into Alabama
  (a) The department shall develop and promulgate a manifest through rulemaking. (b) All scrap tire receivers, transporters, processors, and landfills are required to use a...
• Section 22-40A-10 Financial assurance
  (a) The department shall, by regulation, establish the financial assurance levels and methods that are to be set to provide funds to abate any problems...
• Section 22-40A-11 Administration and enforcement
  (a) Except as provided for herein, the department is designated by this chapter as the administrating agency for this chapter including administering remediation and enforcement...
• Section 22-40A-12 Delegation agreements; county responsibilities
  County commissions may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by regulation...
• Section 22-40A-13 End use market development program
  The Alabama Department of Environmental Management is designated as the department of state government responsible for development and management of an end use market development...
• Section 22-40A-14 Scrap tire environmental fee
  (a) A scrap tire environmental fee shall be collected at the point of sale from the consumer on replacement tires, whether or not the tires...
• Section 22-40A-15 Distribution of fee proceeds
  The net proceeds of the scrap tire environmental fee levied by Section 22-40A-14 shall be distributed as follows: (1) To pay the costs of remediation,...
• Section 22-40A-16 Disposition of funds
  (a) All fees, interest, or other income distributed to the Scrap Tire Fund shall be used only for the purposes specified in this chapter. (b)...
• Section 22-40A-17 Evaluation of suspected property; notice; costs
  (a) The department or its designated representatives may access property suspected of containing scrap tires for the purpose of evaluation of the threat to public...
• Section 22-40A-18 Violations
  Repealed by Act 2009-779, p. 2433, §2, effective August 1, 2009.
• Section 22-40A-19 Penalties
  (a) Any person who intentionally, knowingly, recklessly, or with criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction, shall be subject...
• Section 22-40A-20 Applicability to government organizations
  All governmental organizations, whether federal, state, or other local governing bodies, shall be exempt from the payment of fees associated with all provisions of this...
• Section 22-40A-21 Scrap Tire Commission
  (a) There is created the Scrap Tire Commission (STC) to review the implementation of this chapter, including the scrap tire program, and recommend changes to...
• Section 22-40A-22 Scrap Tire Fund
  (a) A Scrap Tire Fund (STF), separate from the State General Fund, is created for carrying out this chapter. (b) All monies within the STF...
• Section 22-40A-23 Implementation of chapter
  The department shall implement this chapter to the extent funds are provided by the STF.
• Section 22-40A-24 Chapter ineffective upon abolition of scrap tire environmental fee
  In the event the scrap tire environmental fee on replacement tires imposed by Section 22-40A-14 is abolished, as determined by the Department of Revenue, this...

Last modified: May 3, 2021