Code of Alabama

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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged
information. (a)(1) The State Board of Medical Examiners on its own motion may investigate
any evidence which appears to show that a physician or osteopath holding a certificate of
qualification to practice medicine or osteopathy in the State of Alabama is or may be guilty
of any of the acts, offenses, or conditions set out in Section 34-24-360. As part of
its investigation, the board may require a criminal history background check of the physician
or osteopath. In such event, the physician or osteopath shall submit a complete set of fingerprints
to the State Board of Medical Examiners. The board shall submit the fingerprints provided
by the physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints
shall be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national
criminal history record check. Costs associated with conducting a criminal history...
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38-13-1
Section 38-13-1 Legislative findings and intent. Under the National Child Protection
Act of 1993, Public Law 103-209, 42 U.S.C. ยง 5119, et seq., the states are permitted to implement
a computerized information system to provide child abuse crime information through the Federal
Bureau of Investigation National Criminal History Record Information System. The states may
conduct a nationwide criminal history background check for the purpose of determining whether
an individual who shall have unsupervised access to children, the elderly, or individuals
with disabilities has been convicted of a crime that bears upon the fitness of the individual
to provide care to or have responsibility for the safety and well-being of children, the elderly,
or individuals with disabilities as defined in this chapter. The Legislature finds that there
is an important state interest and it is in the best interest of the children, the elderly,
and individuals with disabilities of Alabama to protect them from...
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22-5A-4
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 to
regulations issued pursuant to the Older Americans Act of 1965, as amended. The community
ombudsman shall be an employee or contractual employee of the area agency on aging and shall
certify to having no association with any health care facility or provider for reward or profit.
(b) The duties of each community ombudsman shall be as follows: (1) To receive, investigate,
respond to, and attempt informally to resolve complaints made by or on behalf of recipients;
(2) To report immediately instances of fraud, abuse, neglect, or exploitation to the department
of pensions and security for investigation and follow-up pursuant to Chapter...
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34-24-297
Section 34-24-297 Issuance of license - Requirements. The following constitutes the
requirements for the issuance of a license to practice as an assistant to physician: (1) Provide
evidence, satisfactory to the board, of successful completion of a training program accredited
by the Committee on Allied Health Education and Accreditation (CAHEA) or the Commission on
Accreditation of Allied Health Education Programs (CAAHEP) or their successor agencies. (2)
Provide evidence, satisfactory to the board, of successful completion of the Physician Assistant
National Certification Examination (PANCE) as administered by the National Commission on Certification
of Physician Assistants (NCCPA) or the National Certifying Examination for Anesthesiologist
Assistants (NCEAA) as administered by the National Commission for Certification of Anesthesiologist
Assistants (NCCAA). (3) Submit an application on forms approved by the board in its rules.
(4) Pay in advance to the board the required application...
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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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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition
is filed and prior to the entry of the final decree, the records in adoption proceedings shall
be open to inspection only by the petitioner or his or her attorney, the investigator appointed
under Section 26-10A-19, any attorney appointed for the adoptee under Section
26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records
shall be open to other persons only upon order of court for good cause shown. (b) All hearings
in adoption proceedings shall be confidential and shall be held in closed court without admittance
of any person other than interested parties and their counsel, except with leave of court.
(c) After the final decree of adoption has been entered, all papers, pleadings, and other
documents pertaining to the adoption shall be sealed, kept as a permanent record of the court,
and withheld from inspection except as otherwise provided in this section and in...

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26-14-3
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors,
podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers
and officials, peace officers, law enforcement officials, pharmacists, social workers, day
care workers or employees, mental health professionals, employees of public and private institutions
of postsecondary and higher education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance
to any child, when the child is known or suspected to be a victim of child abuse or neglect,
shall be required to report orally, either by telephone or direct communication immediately,
and shall be followed by a written report, to a duly constituted authority. (b)(1) When an
initial report is made to a law enforcement official, the...
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14-14-4
Section 14-14-4 Establishment of furlough program. (a) The department shall establish
a medical furlough program. The commissioner shall adopt the rules and regulations for implementation
of the medical furlough program. For each person considered for medical furlough, the commissioner
shall determine whether the person is a geriatric inmate, permanently incapacitated inmate,
or terminally ill inmate. (b) Notwithstanding any other law to the contrary, an inmate who
has not served his or her minimum sentence shall be considered eligible for consideration
for furlough under this chapter. (c) This chapter shall not apply to inmates convicted of
capital murder or a sexual offense. (d) Medical furlough consideration shall be in addition
to any other release for which an inmate may be eligible. (e) The commissioner shall determine
the conditions of release of any inmate pursuant to this chapter, including the appropriate
level of supervision of the inmate, and shall develop a discharge plan...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...

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