Code of Alabama

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22-21-270
Section 22-21-270 Certificates of need - Period for which valid; extension of time; termination;
transferability. (a) A certificate of need issued under subsection (a) of Section 22-21-265
and Section 22-21-268 shall be valid for a period not to exceed 12 months and may be subject
to one extension not to exceed 12 months, provided the criteria for extension as set forth
in the rules and regulations of the SHPDA are met. Applications for an extension filed under
this section shall be accompanied by a filing fee to be established by rule, not to exceed
25 percent of the original CON application fee. If no obligation has occurred within such
period, the certificate of need shall be considered terminated and shall be null and void.
Should the obligation be incurred within such valid period, the certificate of need shall
be continued in effect for a period not to exceed one year or the completion of the construction
project, whichever shall be later, or the inauguration of the service or...
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22-52-92
Section 22-52-92 Applicability to counties. (a) This article shall not be applicable to any
county unless and until the judge of probate with the approval of the county commission of
that particular county makes a finding that there exists in the county provisions for implementation
of the community mental health officer program and the necessary facilities to detain persons
pursuant to this article. In that event, the judge of probate shall open a case under a docket
number and enter therein findings upon the records of the court which shall also expressly
state the intention thereby to invoke this article. Notification and a copy of the court's
findings and statement shall be served on all designated mental health facilities located
within the county, all law enforcement agencies within the county, the Commissioner of the
state Department of Mental Health, the state Attorney General, the Secretary of State, the
Governor of the State of Alabama, and any other persons deemed...
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19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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27-12A-40
Section 27-12A-40 Creation of Insurance Fraud Unit. (a) There is hereby established within
the department the Insurance Fraud Unit. The commissioner shall appoint the necessary full-time
supervisory and investigative personnel of the unit who shall be qualified by training and
experience to perform the duties of their positions. The commissioner shall furnish offices,
equipment, operating expenses, and necessary personnel to maintain and operate the unit. (b)
The unit shall perform all of the following duties: (1) Initiate independent inquiries and
conduct independent investigations when the unit has cause to believe that any insurance fraud
may be, is being, or has been, committed. (2) Review reports or complaints of alleged insurance
fraud from federal, state, and local law enforcement and regulatory agencies, persons engaged
in the business of insurance, and the public to determine whether the reports or complaints
require further investigation and, if so, to conduct these...
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20-2-213
Section 20-2-213 Reporting requirements. (a) Each of the entities designated in subsection
(b) shall report to the department, or to an entity designated by the department, controlled
substances prescription information as designated by regulation pertaining to all Class II,
Class III, Class IV, and Class V controlled substances in such manner as may be prescribed
by the department by regulation. (b) The following entities or practitioners are subject to
the reporting requirements of subsection (a): (1) Licensed pharmacies, not including pharmacies
of general and specialized hospitals, nursing homes, and any other health care facilities
which provide inpatient care, so long as the controlled substance is administered and used
by a patient on the premises of the facility. (2) Mail order pharmacies or pharmacy benefit
programs filling prescriptions for or dispensing controlled substances to residents of this
state. (3) Licensed physicians, dentists, podiatrists, or optometrists who...
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22-55-1
Section 22-55-1 Enactment of compact; terms. The Interstate Compact on Mental Health is hereby
enacted into law and entered into by this state with all other states legally joining therein
in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting
states solemnly agree that: Article I The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by cooperative action
to the benefit of the patients, their families and society as a whole. Further, the party
states find the necessity of and desirability for furnishing such care and treatment bear
no primary relation to the residence or citizenship of the patient but that, on the contrary,
the controlling factors of community safety and humanitarianism require that facilities and
services be made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis...
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22-8A-11
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 has no hope of
regaining such ability. (2) Two physicians, one of whom is the attending physician and one
of whom shall be qualified and experienced in making such diagnosis, have personally examined
the individual and have diagnosed and certified in the medical record that the individual
has a terminal illness or injury or has a condition of permanent unconsciousness. (3)
The attending physician or other health care provider and the surrogate have no actual knowledge
of the existence of a valid advance directive for health care that would give guidance to
the provider in treating the individual's condition. (4) The treating physician determines,
to a reasonable degree of medical certainty, that withholding or withdrawing the life-sustaining
treatment or artificially provided nutrition and hydration will...
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26-23A-5
Section 26-23A-5 Publication of required materials. (a) The Department of Public Health shall
publish within 180 days after October 14, 2002, and shall update on an annual basis, the following
easily comprehensible printed materials: (1) Geographically indexed printed materials designed
to inform the woman of public and private agencies and services available to provide medical
and financial assistance to a woman through pregnancy, prenatal care, upon childbirth, and
while her child is dependent. The materials shall include a comprehensive list of the agencies,
a description of the services offered, and the telephone numbers and addresses of the agencies.
(2) The printed materials shall include a list of adoption agencies geographically indexed
and that the law permits adoptive parents to pay the cost of prenatal care, childbirth, and
neonatal care. (3) Printed materials that inform the pregnant woman of the probable anatomical
and physiological characteristics of the unborn child at...
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32-5-222
Section 32-5-222 Requirements for child passenger restraints. (a) Every person transporting
a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall
provide for the protection of the child by properly using an aftermarket or integrated child
passenger restraint system meeting applicable federal motor vehicle safety standards and the
requirements of subsection (b). This section shall not be interpreted to release in part or
in whole the responsibility of an automobile manufacturer to insure the safety of children
to a level at least equivalent to existing federal safety standards for adults. In no event
shall failure to wear a child passenger restraint system be considered as contributory negligence.
The term "motor vehicle" as used in this section shall include a passenger car,
pickup truck, van (seating capacity of 10 or less), minivan, or sports utility vehicle. (b)
The size appropriate restraint system required for a child in subsection (a) must...
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36-25-3
Section 36-25-3 State Ethics Commission - Creation, composition; annual reports; compensation;
political activities; director; personnel. (a) There is hereby created a State Ethics Commission
composed of five members, each of whom shall be a fair, equitable citizen of this state and
of high moral character and ability. The following persons shall not be eligible to be appointed
as members: (1) a public official; (2) a candidate; (3) a registered lobbyist and his or her
principal; or (4) a former employee of the commission. No member of the commission shall be
eligible for reappointment to succeed himself or herself. The members of the commission shall
be appointed by the following officers: The Governor, the Lieutenant Governor, or in the absence
of a Lieutenant Governor, the Presiding Officer of the Senate, and the Speaker of the House
of Representatives. Appointments shall be subject to Senate confirmation and persons appointed
shall assume their duties upon confirmation by the...
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