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25-5-338
Section 25-5-338 Construction of article. (a) No physician-patient relationship is created
between an employee or job applicant and an employer, medical review officer, or any person
performing or evaluating a drug test solely by the establishment, implementation, or administration
of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer
from establishing reasonable work rules related to employee possession, use, sale, or solicitation
of drugs, including convictions for drug related offenses, and taking action based upon a
violation of any of those rules. (c) Nothing in this article shall be construed to operate
retroactively, and nothing in this article shall abrogate the right of an employer under state
or federal law to conduct drug tests, or implement employee drug-testing programs. Notwithstanding
the foregoing, only those programs that meet the criteria outlined in this article qualify
for reduced workers' compensation insurance premiums...
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25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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12-23-12
Section 12-23-12 Court referral officer assessment fee. In addition to the imposition of any
other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult
or adjudicated a youthful offender or juvenile delinquent based on the offense of driving
under the influence or other alcohol or drug related offenses as defined in this chapter shall
be ordered by the court to pay an alcohol and drug abuse court referral officer assessment
fee in an amount recommended by the Administrative Office of Courts and approved by the Supreme
Court. Such additional assessment fee shall be collected by the court referral officer by
the 10th day of each month. The State Treasurer shall credit such sums to the Alcohol and
Drug Abuse Court Referral Officer Trust Fund. (Acts 1990, No. 90-390, p. 537, §12.)...
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22-11A-51
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 the test. (b) A general consent form should be signed for medical or
surgical treatment which specifies the testing for HIV infection by any antibody tests or
other means and may be considered as meeting the standard of informed consent in subsection
(a). (Acts 1991, No. 91-120, p. 140, §2(a), (b).)...
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34-24-384
Section 34-24-384 Rules and regulations; reimbursement by physician. The Board of Medical Examiners
and the Medical Licensure Commission are each authorized to promulgate rules and regulations
necessary for the implementation of the provisions of this division. The Board of Medical
Examiners is specifically authorized to establish criteria for determining any amounts to
be expended on behalf of an impaired physician for education, rehabilitation, and treatment
and may require that any physician on whose behalf such funds are expended repay or reimburse
the Alabama Physicians Education Fund in accordance with rules established by the board. Reimbursement
shall be required on any funds expended for the treatment of alcohol and/or drug related problems
in accordance with a schedule agreeable to the board or commission. (Acts 1986, No. 86-451,
p. 817, §5.)...
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22-11A-32
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 such other facility as the court may
order, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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34-24-59
Section 34-24-59 Reporting of physician disciplinary actions. (a) The chief administrative
officer of each hospital shall report to the Alabama State Board of Medical Examiners any
disciplinary action taken concerning any physician when the action is related to professional
ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct,
abusive or disruptive behavior, or drug or alcohol abuse. Disciplinary action shall include
termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction,
or resignation of hospital privileges for any of the above reasons. The report shall be in
writing and be made within 30 days of the date of the initial action. Failure on the part
of a chief administrative officer of a hospital to file a report required under this section
shall be a violation of Section 22-21-25(b)(3), and the State Board of Health may, in its
discretion, impose upon the hospital found to be in violation, a civil...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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28-7-16
Section 28-7-16 Tax on sale of table wine; disposition of proceeds. (a) Levy. There is hereby
levied in addition to the license taxes provided for by this chapter and municipal and county
license taxes and in addition to any marked-up price made by the board on wine sold by the
board a privilege or excise tax measured by and graduated in accordance with the volume of
sales of table wine containing not more than sixteen and one-half percent alcohol by volume
and shall be an amount equal to forty-five cents ($.45) per liter of table wine containing
not more than sixteen and one-half percent alcohol by volume sold to the wholesale licensee
or board, to be collected from the purchaser by the board or by a licensed retailer. (b) Collection,
Monthly Return, Remittance, Right to Examine Books and Records. (1) The tax levied by subsection
(a) shall be added to the sales price of all table wine containing not more than sixteen and
one-half percent alcohol by volume sold and shall be collected...
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32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
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