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22-56-6
Section 22-56-6 Abuse, exploitation, neglect - Penalties; reporting to agencies. Any provider
who abuses, exploits, or neglects a consumer in his or her care shall be subject to the civil
and criminal remedies and penalties prescribed in Alabama law. All instances of abuse, exploitation,
or neglect, as defined by Alabama law, shall be reported to appropriate licensing or investigative
agencies, in a manner consistent with Alabama law. (Acts 1995, No. 95-744, p. 1690, ยง6.)...
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38-9-7
Section 38-9-7 Violations; penalties. (a) It shall be unlawful for any person to abuse, neglect,
exploit, or emotionally abuse any protected person. For purposes of this section, residence
in a nursing home, mental institution, developmental center for people with an intellectual
disability, or other convalescent care facility shall be prima facie evidence that a person
is a protected person. Charges of abuse, neglect, exploitation, or emotional abuse may be
initiated upon complaints of private individuals, as a result of investigations by social
service agencies, or on the direct initiative of law enforcement officials. (b) Any person
who intentionally abuses or neglects a person in violation of this chapter shall be guilty
of a Class B felony if the intentional abuse or neglect causes serious physical injury. (c)
Any person who recklessly abuses or neglects a person in violation of this chapter shall be
guilty of a Class C felony if the reckless abuse or neglect causes serious...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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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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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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22-56-7
Section 22-56-7 Abuse, exploitation, neglect - Providers to implement written policies and
procedures. All providers of mental health services in Alabama shall develop and implement
written policies and procedures that prohibit abuse, exploitation, or neglect of consumers
in programs operated by the providers. At a minimum, these policies and procedures shall accomplish
the following: (1) Affirm and safeguard the rights of a consumer stated pursuant to this chapter.
(2) Ensure that prompt action is taken to prevent the potential of further abuse while an
investigation is in process. (3) Provide for an immediate and thorough investigation of all
allegations of abuse, exploitation, or neglect by trained, experienced personnel delegated
with all necessary authority. The status of all investigations shall be reported to the administrator(s)
of the program or his or her designated representative on a continuous basis. (4) Establish
reasonable and appropriate corrective action, including...
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38-9C-5
Section 38-9C-5 Providers who contract with agencies or programs required to develop written
policies to ensure rights. All providers who contract or subcontract with any federal, state,
or local agency or program to provide services in the State of Alabama to persons with developmental
disabilities or traumatic brain injury in Alabama shall develop and implement written policies
and procedures to ensure the rights enumerated above are observed by the provider in discharging
its contractual or subcontractual duties and responsibilities. At a minimum, these policies
and procedures shall provide for the following: (1) Affirm and safeguard the rights stated
in this chapter. (2) Provide that prompt, reasonable action be taken to prevent the potential
for further abuse while an investigation is in process. (3) Provide for a prompt and thorough
investigation of all allegations of abuse, exploitation, or neglect by trained, experienced
personnel delegated with all necessary authority. (4)...
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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened
harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare
can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual
abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the
employment, use, persuasion, inducement, enticement, or coercion of any child to engage in,
or having a child assist any other person to engage in, any sexually explicit conduct or any
simulation of the conduct for the purpose of producing any visual depiction of the conduct;
or the rape, molestation, prostitution, or other form of sexual exploitation of children,
or incest with children as those acts are defined by Alabama law. Sexual exploitation includes
allowing, permitting, or encouraging a child to engage in prostitution and...
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38-9-8
Section 38-9-8 Reports by physicians, etc., of physical, sexual, or emotional abuse, neglect,
or exploitation - Required; contents; investigation. (a) All physicians and other practitioners
of the healing arts or any caregiver having reasonable cause to believe that any protected
person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional
abuse shall report or cause a report to be made as follows: (1) An oral report, by telephone
or otherwise, shall be made immediately, followed by a written report, to the county department
of human resources or to the chief of police of the city or city and county, or to the sheriff
of the county if the observation is made in an unincorporated territory, except that reports
of a nursing home employee who abuses, neglects, or misappropriates the property of a nursing
home resident shall be made to the Department of Public Health. The requirements to report
suspicion of suspected abuse, neglect, or misappropriation of...
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