Code of Alabama

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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the following members
or their designees: a. The drug court judge, who shall serve as chair. b. The district attorney.
c. The public defender or a member of the criminal defense bar. d. The drug court coordinator.
e. The court clerk. f. A community corrections or court referral officer, or both. g. A pretrial
services provider. h. A law enforcement officer. i. Substance abuse treatment providers. j.
Any other person the chair deems appropriate. (2) ASSESSMENT. A diagnostic evaluation for
placement in a treatment program which shall be performed in accordance with criteria certified
by the Department of Mental Health, Substance Abuse Services Division. (3) CHARGE. As defined
in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and coordinated course of substance
abuse education and treatment designed to meet...
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22-8A-11
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 valid advance directive for health care fails to address a particular circumstance, subject
to the provisions of subsection (c) hereof, a surrogate, in consultation with the attending
physician, may, subject to the provisions of Section 22-8A-6, determine whether to provide,
withdraw, or withhold life-sustaining treatment or artificially provided nutrition and hydration
if all of the following conditions are met: (1) The attending physician determines, 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...
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34-27B-2
Section 34-27B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) BOARD. The Alabama State Board of Respiratory Therapy. (2) DIRECT CLINICAL SUPERVISION.
A situation where a licensed respiratory therapist or physician is available for the purpose
of communication, consultation, and assistance. (3) HEALTHCARE FACILITY. The definition shall
be the same as in Section 22-21-260. (4) MEDICALLY APPROVED PROTOCOL. A detailed plan for
taking specific diagnostic or treatment actions, or both, authorized by the treating physician
of the patient, all of which actions shall be: a. In a hospital or other inpatient health
care facility, approved by the supervising physician of the respiratory therapist or in an
outpatient treatment setting approved by the supervising physician of the respiratory therapist.
b. Except in cases of medical emergency, instituted following an evaluation of the patient
by a physician or otherwise directed by the supervising...
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37-15-5
Section 37-15-5 Underground damage prevention program. (a) Until January 1, 2027: (1) Operators
who have underground facilities within this state shall participate in and utilize the services
of the One-Call Notification System. (2) Operators that are members of the One-Call Notification
System on January 1, 2020, must remain members. (3) Operators with more than 25,000 customers
or 500 miles of facilities, that are not members, must join the One-Call Notification System
by January 1, 2021. (4) Operators that do not meet the thresholds described in subdivision
(2) or (3), must join the One-Call Notification System by January 1, 2022. (5) Operators of
electrical underground facilities that join the One-Call Notification System under the requirements
of subdivision (3) or (4) having less than five percent underground trench miles compared
to the total miles of line, are not subject to the membership costs until their underground
trench miles exceed the trench mile exemption. These...
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38-9A-1
Section 38-9A-1 Definitions. As used in this chapter, the following definitions shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (a)
ADULT. An individual 18 years of age or older with a developmental disability. (b) AGENCY.
Any public state agency, including, but not limited to, the Department of Mental Health, Department
of Public Health, and Department of Education. (c) CHILD. An individual under the age of 18
who has a developmental disability or who is at risk for a developmental disability. A child
under the age of six is considered at risk for a developmental disability if the child has
substantial developmental delay or specific congenital or acquired condition that has a high
probability of resulting in a developmental disability if services are not provided. (d) COMMUNITY
COUNCIL. A local council composed of people with a developmental disability and their family
members who supervise the implementation of the program in its...
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38-9D-2
Section 38-9D-2 Definitions. The following words are defined for the purposes of this chapter:
(1) COORDINATED SYSTEM OF CARE. The total effort in the state, inclusive of service coordination/case
management, that is directed at meeting the needs of individuals who are at risk of elder
abuse. (2) COUNCIL. The Alabama Interagency Council for the Prevention of Elder Abuse. (3)
ELDER ABUSE. The maltreatment of an older person, age 60 or above, by any person, including
the following: a. Emotional/Psychological Abuse. The intentional infliction of mental or emotional
anguish by threat, humiliation, intimidation, or other verbal or non-verbal abusive conduct.
Examples of psychological abuse include name calling, insulting, ignoring for extended periods
of time, frightening, intimidating, and isolating from friends and family. b. Material Exploitation.
The unauthorized use of funds or any resources of an elderly individual or the misuse of power
of attorney or representative payee status for...
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6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
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22-22-9
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 powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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22-28-23
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 all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012. (a)
This section applies to a power of attorney for health care decisions executed on or after
January 1, 2012. (b) A durable power of attorney is a power of attorney by which a principal
designates another his or her attorney in fact or agent in writing and the writing contains
the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...

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