Code of Alabama

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26-1A-114
Section 26-1A-114 Agent's duties. (a) Notwithstanding provisions in the power of attorney,
an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable
expectations to the extent actually known by the agent and, otherwise, in the principal's
best interest; (2) act in good faith; and (3) act only within the scope of authority granted
in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent
that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act
so as not to create a conflict of interest that impairs the agent's ability to act impartially
in the principal's best interest; (3) act with the care, competence, and diligence ordinarily
exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements,
and transactions made on behalf of the principal; (5) cooperate with a person that has authority
to make health care decisions for the principal to carry out...
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27-1-4
Section 27-1-4 Applicability of title - Exemptions. This title shall not apply as to: (1) Any
fraternal or other organization or activity which is exempted from the provisions of Chapter
34 under Section 27-34-5, except to the extent provided in such section; (2) Nonprofit corporations
for establishment of hospitalization plan under Section 10-4-100 et seq., except to the extent
now or hereafter provided in such laws; (3) The insurance department of a brotherhood or labor
union, the members of which are subject to the act of Congress known as the Railway Labor
Act; or (4) The establishment, maintenance, administration, and operation of any trust established
pursuant to Section 22-21-240 by agreement of any hospitals, other health care units or dental
practitioners licensed as such by the State of Alabama. (Acts 1971, No. 407, p. 707, §12;
Acts 1977, No. 166, p. 226, §1; Acts 1978, 2nd Ex. Sess., No. 24, p. 1703, §1.)...
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16-60-242
Section 16-60-242 Appointment of director of programs; contents of programs. (a) The Chancellor
of Postsecondary Education may appoint a director of displaced homemakers programs to conduct,
or cause to be conducted, programs to assist displaced homemakers at such two-year institutions
as the Chancellor may approve through a request for proposal process. (b) Programs to assist
displaced homemakers may include: (1) Job counseling services which are specifically designed
for displaced homemakers who may be entering the job market for the first time or who may
be reentering the job market after a number of years as a homemaker; (2) Job training and
job placement services which shall be developed by working with federal, state, and local
government agencies and the private sector; (3) Assistance in gaining admission to existing
public and private job training programs and opportunities; (4) Assistance in identifying
community needs and in creating new jobs for displaced homemakers in the...
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34-24-293
Section 34-24-293 Powers and duties of board. (a) The Board of Medical Examiners shall have
and exercise all powers and duties previously granted to it. The board may make specific rules
and regulations pertaining to the licensure approval, registration, and regulation of assistants
to physicians. The board may also make specific rules and regulations pertaining to approvals,
disapprovals, and withdrawing approvals from physicians to utilize assistants to physicians.
(b) The board may recognize, approve, and disapprove new categories and specialties of assistants
to physicians as they develop in the delivery of health care. (c) The board shall issue certificates
of approval for programs for the education and training of assistants to physicians which
meet board standards. (d) In developing criteria for program approval, the board shall give
consideration to and encourage the utilization of equivalency and proficiency testing and
other mechanisms whereby full credit is given to trainees...
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26-21-2
Section 26-21-2 Definitions. For purposes of this chapter, the following definitions shall
apply: (1) MINOR. Any person under the age of 18 years; (2) EMANCIPATED MINOR. Any minor who
is or has been married or has by court order otherwise been legally freed from the care, custody,
and control of her parents; (3) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant with knowledge that the termination by those means will with reasonable
likelihood cause the death of the unborn child. Such use or prescription is not an abortion
if done with the intent to save the life or preserve the health of an unborn child, remove
a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health
of both the mother (pregnant woman) and her unborn child. The term "abortion" as
used herein does not include a procedure or act to terminate the pregnancy of...
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27-15-52
Section 27-15-52 Definitions. The following terms shall have the following meanings: (1) COMMERCIALLY
REASONABLE EFFORT. The plans, processes, or procedures necessary to confirm the death of the
insured, contract owner or annuitant, or retained asset account holder against other available
records and information and, as applicable, to locate the beneficiary or beneficiaries or
other person entitled to payment pursuant to the terms of the policy or contract which have
been developed by each insurer and submitted to and approved by the department. (2) CONTRACT.
An annuity contract. The term contract shall not include an annuity used to fund an employment-based
retirement plan or program where the insurer is not committed by terms of the annuity contract
to pay death benefits to the beneficiaries of specific plan participants. (3) DEATH MASTER
FILE. The United States Social Security Administration's Death Master File or any other database
or service that is at least as comprehensive as...
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27-2B-4
Section 27-2B-4 Company action level event; preparation and submission of RBC plan or revised
RBC plan; notification of unsatisfactory filing; copies of plans. (a) Company action level
event means any of the following events: (1) The filing of an RBC report by an insurer which
indicates any of the following: a. The insurer's total adjusted capital is greater than or
equal to its regulatory action level RBC, but less than its company action level RBC. b. If
a life or health insurer or fraternal benefit society, the insurer has total adjusted capital
which is greater than or equal to its company action level RBC but less than the product of
its authorized control level RBC and 3.0 and has a negative trend. c. If a property and casualty
insurer or a health organization, the insurer has total adjusted capital which is greater
than or equal to its company action level RBC, but less than the product of its authorized
control level RBC and 3.0, and triggers the trend test determined in...
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34-21-1
Section 34-21-1 Definitions. For purposes of this chapter, the following terms shall have the
respective meanings ascribed by this section: (1) ADVISORY COUNCILS. Advisory councils provided
for under the terms of this chapter. (2) BOARD. The Board of Nursing created hereunder. (3)
COMPACT. The Enhanced Nurse Licensure Compact provided in Article 7. (4) COORDINATED LICENSE
INFORMATION SYSTEM. A licensing integrated database and process for collecting, storing, and
sharing nurse licensure and enforcement information that includes all licensed registered
nurses and licensed practical/vocational nurses. The system includes all disciplinary history
of each nurse, as administered by a nonprofit organization and controlled by licensing boards.
(5) LICENSED PRACTICAL NURSE. A person who is currently licensed to practice practical nursing.
For the purposes of the Enhanced Nurse Licensure Compact, practical nursing includes practice
as a licensed practical nurse, licensed vocational nurse, or...
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36-26-14
Section 36-26-14 Deferred compensation plans for certain employees. (a) The personnel board
may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal
Revenue Code Section 403 (b), for the employees of the State of Alabama or any city, town,
county, or public entity or corporation organized pursuant to the laws of this state. Notwithstanding
the foregoing, prior to the employees of a county or political subdivision of the county participating
in a plan, the employing county or political subdivision of the county shall approve participation
in the plan. The personnel board may include in any such plan any provision that does not
cause the plan to fail to qualify for its tax-favored treatment under the United States Internal
Revenue Code, including, but not limited to, participant loans, unforeseeable emergency or
hardship distributions, Roth deferrals, rollovers, transfers to purchase service credit, and
distributions to purchase a retired public...
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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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