Code of Alabama

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22-52-10.4
Section 22-52-10.4 Findings necessary for inpatient treatment; order when no treatment available.
(a) A respondent may be committed to inpatient treatment if the probate court finds, based
upon clear and convincing evidence that: (i) the respondent is mentally ill; (ii) as a result
of the mental illness the respondent poses a real and present threat of substantial harm to
self and/or others; (iii) the respondent will, if not treated, continue to suffer mental distress
and will continue to experience deterioration of the ability to function independently; and
(iv) the respondent is unable to make a rational and informed decision as to whether or not
treatment for mental illness would be desirable. (b) If the probate judge finds that no treatment
is presently available for the respondent's mental illness, but that confinement is necessary
to prevent the respondent from causing substantial harm to himself or to others, the order
committing the respondent shall provide that, should...
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12-15-409
Section 12-15-409 Role of attorney as advocate; designation of facilities. (a) An attorney
representing the state, any county, or municipality or the Department of Youth Services or
the Department of Human Resources or an attorney representing the person or persons filing
a petition to have a minor or child committed may serve as the advocate in support of the
petition to commit in all matters regarding the petition. (b) At the final hearing upon a
petition seeking to commit a minor or child to the custody of the department on the basis
that the minor or child is mentally ill, the juvenile court may grant the petition if clear
and convincing evidence proves all of the following: (1) That the minor or child sought to
be committed is mentally ill. (2) That, as a consequence of the mental illness, the minor
or child poses a real and present threat of substantial harm to himself, herself, or to others.
(3) That the threat of substantial harm has been evidenced by a recent overt act. (4)...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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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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22-52-10.2
Section 22-52-10.2 Findings necessary for outpatient treatment. (a) A respondent may be committed
to outpatient treatment if the probate court finds, based upon clear and convincing evidence,
all of the following: (1) The respondent is mentally ill. (2) As a result of the mental illness,
the respondent will, if not treated, continue to suffer mental distress and will continue
to experience deterioration of the ability to function independently. (3) The respondent is
unable to make a rational and informed decision as to whether or not treatment for mental
illness would be desirable. (b) Upon a recommendation made by the designated mental health
facility currently providing outpatient treatment that the respondent's outpatient commitment
order should be renewed, a probate court may enter an order to renew the commitment order
upon the expiration of time allotted for treatment by the original outpatient treatment order
if the probate court finds, based upon clear and convincing evidence,...
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22-52-10.1
Section 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition. (a)
If at the final hearing on a petition seeking to involuntarily commit a respondent, the probate
judge finds, based on clear and convincing evidence, that the respondent meets the criteria
for involuntary commitment, an order shall be entered for: (1) Outpatient treatment; or (2)
Inpatient treatment. The least restrictive alternative necessary and available for the treatment
of the respondent's mental illness shall be ordered. (b) The petition for involuntary commitment
shall be dismissed if the criteria for commitment is not proved. (Acts 1991, No. 91-440, p.
783, §11.)...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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22-52-12
Section 22-52-12 Conveyance of person committed to facility; expenses of conveyance. The probate
judge shall order one or more persons or law enforcement officers to convey any respondent
involuntarily committed for inpatient treatment to the department or to a designated mental
health facility as the court may order, and all necessary expenses incurred by the persons
or officers conveying the respondent shall be taxed as costs of the proceeding. (Acts 1975,
No. 1226, p. 2562, §15; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §19.)...

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