Code of Alabama

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22-5A-3
Section 22-5A-3 Duties of State Ombudsman and department. The State Ombudsman and the department
are hereby authorized to investigate complaints concerning health care, domiciliary and residential
care facilities. The State Ombudsman shall promote the well-being and quality of life of long-term
residential health care recipients and encourage the development of community ombudsman activities
at the local level. After appropriate training and approval by the department, community ombudsmen
shall be certified by the department and shall have the powers and responsibilities set forth
in Sections 22-5A-4 and 22-5A-6, subject to the procedures established by the State Ombudsman
pursuant to Section 22-5A-5. The State Ombudsman shall submit to the department an annual
written report documenting the kinds of complaints and problems reported so that the department
can make recommendations concerning needed policy, regulatory, and legislative changes. (Acts
1985, No. 85-657, p. 1029, §3.)...
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38-9A-5
Section 38-9A-5 State Support Council. (a) The State Support Council is created and shall be
comprised of not more than 15 consumer and family members. Of these, there will be three representatives
appointed by each regional support council. These shall include a regional council officer,
one other regional council member, and a community council member. Additionally, the following
individuals or their designees shall serve as nonvoting advisory members: The Chair of the
Developmental Disabilities Planning Council, the Commissioner of the Department of Human Resources,
the Commissioner of the Department of Mental Health, the State Superintendent of Education,
the Director of the Department of Rehabilitation Services, and the State Health Officer of
the Department of Public Health. The State Support Council shall provide a forum for the development
of a state plan for an individual and family support system reflecting the experiences and
needs of each region which shall be updated at...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article: (1) COURT.
The court which committed the defendant pursuant to Section 15-16-43. (2) DEFENDANT. A defendant
in a criminal case who has been found not guilty by reason of insanity, or not guilty by reason
of mental disease or defect, and has been committed to the custody of the Alabama State Department
of Mental Health and Mental Retardation or another facility as provided by Section 15-16-43.
(3) DEPARTMENT. The State Department of Mental Health and Mental Retardation. (4) DISTRICT
ATTORNEY. The district attorney for the judicial circuit of the court which committed the
defendant pursuant to Section 15-16-43. (5) REGIONAL OR COMMUNITY MENTAL HEALTH FACILITY.
Any mental health facility providing mental health services pursuant to Sections 22-51-1 through
22-51-14. (Acts 1988, No. 88-581, p. 906, §2.)...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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22-5C-3
Section 22-5C-3 Palliative Care Information and Education Program. (a) There is created a statewide
Palliative Care Information and Education Program in the State Health Department. The purpose
of the palliative care information and education program is to maximize the effectiveness
of palliative care initiatives in the state by ensuring that comprehensive and accurate information
and education about palliative care is available to the public, health care providers, and
health care facilities. The department shall publish on its website information and resources,
including links to external resources, about palliative care for the public, health care providers,
and health care facilities. This information shall include, but not be limited to, continuing
educational opportunities for health care providers; information about palliative care delivery
in the home and in other primary, secondary, and tertiary environments; and consumer educational
materials and referral information for...
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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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38-9A-2
Section 38-9A-2 Individual and Family Support Program. (a) The Individual and Family Support
Program is created and shall be administered through a system of regional support councils
and their affiliated community councils and a state council. One regional support council
is created and incorporated as a private nonprofit corporation in each of the mental retardation
regions as defined by the Department of Mental Health. The regional support councils and their
affiliated community councils may receive and accept funds, real estate, and other items of
value from state agencies and other organizations, and enter into any necessary agreements
and contracts for the purposes of implementing this chapter. Councils may employ adequate
staff personnel including a state coordinator to implement the program. If staff personnel
are employed through a fiscal agent or other entity apart from the council, a memorandum of
understanding which defines the roles and responsibilities of the staff shall...
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22-11C-4
Section 22-11C-4 Alabama Statewide Head and Spinal Cord Injury Registry. The State Health Officer
may establish, contingent on the availability of funding, within the Department of Public
Health the Alabama Statewide Head and Spinal Cord Injury Registry for the purpose of providing
accurate and up-to-date information about head and spinal cord injuries in Alabama and facilitating
the evaluation and improvement of head and spinal cord injuries prevention, diagnosis, therapy,
rehabilitation, and referral to coordinated, rehabilitation programs administered by other
state agencies. The purpose of these referrals shall be to ensure that these programs shall
provide eligible persons the opportunity to obtain the necessary rehabilitative services enabling
them to be referred to a vocational rehabilitation program or to return to an appropriate
level of functioning in their community. The State Committee of Public Health shall adopt
rules necessary to effect the purposes of this chapter,...
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22-21-27
Section 22-21-27 Advisory board. (a) There shall be an advisory board of 17 members to assist
in the establishment of rules, regulations, and standards necessary to carry out this article
and to serve as consultants to the State Health Officer. The board shall meet at least twice
each year and at the call of the State Health Officer. The board may meet by electronic means
in compliance with the Alabama Open Meetings Act and shall establish rules of procedure for
its meetings. The members of the board shall annually elect one of its members to serve as
chair. (b) The advisory board shall be constituted in the following manner: (1) Four representatives
of hospitals who shall be appointed by the Board of Trustees of the Alabama Hospital Association
as follows: a. One administrator of a governmental hospital. b. One administrator of a nongovernmental
nonprofit hospital. c. One owner or administrator of a proprietary hospital. d. One member
of a managing board of a nonprofit hospital. (2)...
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22-54-2
Section 22-54-2 Sources from which patients may be admitted to facility. (a) Patients admitted
to the facility may originate from the following sources: (1) Residents of any institution
under the jurisdiction of the Alabama Department of Mental Health; (2) Commitments by the
courts as mentally incompetent to stand trial under applicable state law; (3) Referrals by
the courts for psychosocial diagnosis and recommendation as part of the pretrial or presentence
procedure or determination of mental competency to stand trial; (4) Mentally ill prisoners
from county and municipal jails for diagnosis, evaluation or treatment; and (5) Mentally ill
convicts under the custody of the Department of Corrections of Alabama for diagnosis, evaluation
or treatment. (b) Patients from other sources may be admitted provided such admission is not
inconsistent with the law and is within the capacity of the facilities and staff to accommodate
same. (Acts 1975, No. 1220, p. 2545, §2.)...
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