Code of Alabama

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22-21-40
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 Public Health, or any person or entity seeking certification for reimbursement
under the Social Security Act or other law of the United States for which the State Board
of Health or Department of Public Health provides surveys or inspections shall commence or
in any fashion engage in any new construction, additions to, or alterations of any hospital
or other health care facility in the State of Alabama as defined by Section 22-21-20 and rules
of the State Board of Health without first submitting to the State Board of Health plans,
drawings, and specifications for the new construction, addition, or alteration, and receiving
review comments from the State Board of Health. Construction shall not begin until the licensee,
applicant, or submitter satisfies the State Board of Health...
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22-4-2
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
BOARD OF HEALTH. The statutory agency of the State of Alabama operative in the field of general
health matters and performing the duties and exercising the powers as set forth in the statutory
provisions relating thereto. (2) STATEWIDE HEALTH COORDINATING COUNCIL. The advisory council
established pursuant to this article which shall advise the State Board of Health on matters
relating to health planning and resource development. (3) HEALTH SYSTEMS AGENCY. An entity
which is organized and operated under the provisions of Title XV of the Public Health Service
Act (42 U.S.C. §§ 3001 et seq.) and is responsible for the health planning and development
in a health service area designated by the Governor. (4) HEALTH SERVICE AREA. A geographical
area designated by the Governor as being appropriate...
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22-6-163
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 methods in
order to align incentives in support of integrated and coordinated health care delivery is
in the best interest of the public. Collaboration pursuant to this article is to provide quality
health care at the lowest possible cost to Alabama citizens who are Medicaid eligible. The
Legislature, therefore, declares that this health care delivery system affirmatively contemplates
the foreseeable displacement of competition, such that any anti-competitive effect may be
attributed to the state's policy to displace competition in the delivery of a coordinated
system of health care for the public benefit. In furtherance of...
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22-6-23
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 definitions shall be established by the department pursuant to the Alabama
Administrative Procedures Act in order to comply with OBRA. (Acts 1989, No. 89-641, p. 1268,
§4.)...
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27-21A-23
Section 27-21A-23 Statutory construction and relationship to other laws. (a) Except as otherwise
provided in this chapter, provisions of the insurance law and provisions of health care service
plan laws shall not be applicable to any health maintenance organization granted a certificate
of authority under this chapter. This provision shall not apply to an insurer or health care
service plan licensed and regulated pursuant to the insurance law or the health care service
plan laws of this state except with respect to its health maintenance organization activities
authorized and regulated pursuant to this chapter. (b) Solicitation of enrollees by a health
maintenance organization granted a certificate of authority shall not be construed to violate
any provision of law relating to solicitation or advertising by health professionals. (c)
Any health maintenance organization authorized under this chapter shall not be deemed to be
practicing medicine and shall be exempt from the provisions of...
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27-26-1
Section 27-26-1 Definitions. For purposes of this chapter, the following words and phrases
shall have the respective meanings ascribed by this section: (1) MEDICAL PRACTITIONER. Anyone
licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice,
and shall include medical professional corporations, associations, and partnerships. (2) DENTAL
PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such
practice, and such term includes professional dental corporations, associations, and partnerships.
(3) MEDICAL INSTITUTION. Any licensed hospital, or any physicians' or dentists' offices or
clinics containing facilities for the examination, diagnosis, treatment, or care of human
illnesses. (4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or
any medical or dental professional association. (5) PHYSICIAN. Any person licensed to practice
medicine in Alabama. (6) DENTIST. Any person licensed to practice...
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34-22-4
Section 34-22-4 Limitation on application of chapter. (a) It is not the intent of this chapter
to prevent any school teacher, welfare worker, state, county, municipality, or other public
board, body, agency, institution, or official from determining in the course of their official
duties the probable need of visual services; provided, that the aforenamed person or agency
does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner
and complies with the provisions of Section 38-1-2. (b) A license to practice optometry shall
not be required for the sale, preparation, or dispensing of eyeglasses or spectacles in a
retail optical dispensary or from a store, shop, or other permanently established place of
business with an optical department on prescription of a duly licensed physician skilled in
diseases of the eyes or a duly licensed optometrist authorized to practice under the laws
of this state. Contact lenses may be sold or dispensed in a retail optical...
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34-22-83
Section 34-22-83 Telemedicine - Services; provider-patient relationship; standards of practice;
confidentiality. (a) Telemedicine services provided at an established treatment site may be
used for all patient visits, including initial evaluations to establish a proper doctor-patient
relationship between a provider and a patient. (1) A provider shall be reasonably available
onsite at the established medical site to assist with the provision of care. (2) A provider
may delegate tasks and activities at an established treatment site to an assistant who is
properly trained and supervised or directed. (b) A distant site provider who provides telemedicine
services to a patient that is not present at an established treatment site shall ensure that
a proper provider-patient relationship is established, which at a minimum includes all of
the following: (1) Having had at least one face-to-face meeting at an established treatment
site before engaging in telemedicine services. A face-to-face...
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34-24-53.1
Section 34-24-53.1 Board of Medical Examiners - Rulemaking authority. (a) The Legislature finds
and declares all of the following: (1) The power to make rules regulating the practice of
medicine or osteopathy includes the power to prohibit unlicensed persons from practicing medicine
or osteopathy and the power to regulate how licensed persons practice medicine or osteopathy.
(2) A primary goal of the provision of health care is to prioritize patient safety and wellness.
(3) The State Board of Medical Examiners and the Medical Licensure Commission are in the best
position to determine the medical practices that prioritize patient safety and wellness. (4)
Prioritizing patient safety and wellness may sometimes be at odds with the goals of state
and federal anti-trust laws, which include prioritizing competition and efficiency. (5) It
is the intent of the Legislature in enacting this section to immunize the Board of Medical
Examiners and its members and the Medical Licensure Commission and...
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34-2A-11
Section 34-2A-11 Administrators licensed in other state; licensed nursing home administrators;
acute care hospital administrators, etc. (a) The board may, subject to this chapter and the
rules and regulations of the board prescribing the qualifications for an assisted living administrator
license, issue a license to an assisted living administrator who has been issued a license
by the proper authorities of any other state or issued a certificate of qualification by any
national organization, upon complying with the provisions of licensure, payment of a fee established
by the board pursuant to its rule-making authority, and upon submission of evidence satisfactory
to the board of all of the following: (1) That the other state or national organization maintained
a system and standards of qualification and examinations for an assisted living administrator
license or certificate which were substantially equivalent to those required in this state
at the time the other license or certificate...
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