Code of Alabama

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22-11A-72
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
to perform invasive procedures and shall have failed to notify the State Health Officer as
provided in Section 22-11A-61. (b) Any physician providing care to an individual known to
the physician to be an infected health care worker who fails to report the infected health
care worker to the State Health Officer as provided in Section 22-11A-61 shall be guilty of
a Class C misdemeanor and, upon conviction, shall be punished as provided by law. (c) Any
individual who deliberately fails to provide records under his or her control or who falsifies
those records shall be guilty of a Class C misdemeanor and, upon conviction, shall be punished
as provided by law. (Acts 1993, 1st Ex. Sess., No. 93-846, p. 57, ยง13.)...
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22-18-6
which, under this article or the rules adopted pursuant thereto, may not be performed without
a license or certificate issued by the Board of Health; provided, however, this subdivision
does not apply to EMSP who have the privilege to practice in the state pursuant to the Emergency
Medical Services Personnel Licensure Interstate Compact. No individual shall be subject to
criminal liability pursuant to this section in the event he or she renders first aid or emergency
care at the scene of an injury caused by a motor vehicle crash or by some other incident,
or at the scene of a mass casualty or disaster if: a. The first aid or emergency care is rendered
gratuitously and in good faith; and b. The first aid or emergency care is not rendered in
the course of a business, program, or system which regularly engages in the provision of emergency
medical care. (b) Nothing in this section shall be construed to repeal, abridge, or modify
Section 6-5-332 or any other good Samaritan statute. (c) No...
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22-11A-63
institution appointed by the institution. (5) Other individuals determined necessary by the
State Health Officer. (c) The expert review panel formed pursuant to this section shall review
the overall practice and procedures performed by the infected health care worker and shall
consider: (1) The procedures performed by the infected health care worker. (2) The adherence
to universal precautions by the infected health care worker. (3) The past history of the health
care worker of occupational injury while performing the invasive procedures. (4) Any
prior evidence of the health care worker related to patient transmission of HIV, HBV, HCV,
or other disease designated by the State Board of Health. (5) The presence of conditions such
as dermatitis, dementia, neuropathy, or other conditions that may increase the risk of transmission.
(6) Current Centers for Disease Control and Prevention guidelines on the management of infected
health care workers. (d) The performance of invasive procedures...
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22-11A-64
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 by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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22-11A-69
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 by committees,
licensing boards of licensed health care workers, panels, and individuals only in the exercise
of their official duties and shall not be public records nor be admissible in court for any
purpose nor subject to discovery in any civil action except appeals governed by Sections 22-11A-64
and 22-11A-65 and appeals from adverse professional license determinations made pursuant to
Sections 22-11A-66 and 22-11A-72(a). Information gained during the investigation of an infected
health care worker and the decision about restriction of practice of an infected health care
worker shall be made available to the appropriate licensing board and to the employer of an
infected health care worker and may be used by the licensing...
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22-11A-67
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 care facility at which an infected health care worker is employed
or practices shall make available to the State Board of Health, and to the expert review panel,
any and all patient medical records and other records requested by those groups, except that
records or documents greater than three years old shall not be provided. (b) The following
persons and facilities shall provide to the State Board of Health and the expert review panel
all requested documents or records three years old or less: (1) Any person having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other disease designated
by the State Board of Health. (2) The administrator of any health facility having knowledge
of a health care worker diagnosed as infected with HIV, HBV, HCV, or other...
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22-11A-60
by a rule adopted pursuant to the Alabama Administrative Procedure Act. (7) INVASIVE PROCEDURES.
(a) Those medical or surgical procedures characterized by the digital palpation of a needle
tip in a body cavity or by the simultaneous presence of the health care worker's fingers and
a needle or other sharp instrument or object in a poorly visualized or highly confined anatomic
site. (b) Invasive dental procedures shall include those that provide the opportunity for
an intraoral percutaneous injury to the dental health care worker and could result
in the blood of the health care worker coming in contact with the blood or mucous membrane
of the patient as adopted by the Board of Dental Examiners in rules developed pursuant to
Section 22-11A-70. (c) These procedures shall not include physical examinations; blood pressure
checks; eye examinations; phlebotomy; administering intramuscular, intradermal, or subcutaneous
injections; needle biopsies; needle aspirations; lumbar punctures;...
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22-8A-11
to a reasonable degree of medical certainty, that: a. The individual is no longer able to understand,
appreciate, and direct his or her medical treatment, and b. The individual has no hope of
regaining such ability. (2) Two physicians, one of whom is the attending physician and one
of whom shall be qualified and experienced in making such diagnosis, have personally examined
the individual and have diagnosed and certified in the medical record that the individual
has a terminal illness or injury or has a condition of permanent unconsciousness. (3)
The attending physician or other health care provider and the surrogate have no actual knowledge
of the existence of a valid advance directive for health care that would give guidance to
the provider in treating the individual's condition. (4) The treating physician determines,
to a reasonable degree of medical certainty, that withholding or withdrawing the life-sustaining
treatment or artificially provided nutrition and hydration will...
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22-11A-38
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 this article and establish rules
for notification of third parties of such disease when exposure is indicated or a threat to
the health and welfare of others. All notifications authorized by this section shall be within
the rules established pursuant to this subsection. (b) Physicians and hospital administrators
or their designee may notify pre-hospital transport agencies and emergency medical personnel
of a patient's contagious condition. In case of a death in which there was a known contagious
disease, the physician or hospital administrator or their designee may notify the funeral
home director. (c) The attending physician or the State Health Officer...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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