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38-9C-3
Section 38-9C-3 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) DEVELOPMENTAL DISABILITY. A disability that includes the following items: a.
Is attributable to a mental, cognitive, or physical impairment, or any combination of mental,
cognitive, and physical impairments. b. Is manifested before the individual attains age 22
except in cases of traumatic brain injury when age is not a variable. c. Is likely to continue
indefinitely. d. Results in substantial functional limitations in three or more of the following
areas of major life activities: 1. Self-care. 2. Receptive and expressive language. 3. Learning.
4. Mobility. 5. Self-direction. 6. Capacity for independent living. 7. Gainful employment.
(2) TRAUMATIC BRAIN INJURY. An injury to the brain, not of degenerative or congenital nature
but caused by an external physical force, that may produce a diminished or altered state of
consciousness, which results in impairment of cognitive...
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21-7-1
Section 21-7-1 Declaration of policy; definitions. (a) It is the policy of this state to encourage
and enable the blind, the visually impaired, and the physically disabled to participate fully
in the social and economic life of the state and to engage in meaningful employment. (b) For
the purposes of this chapter, the following terms shall have the following meanings: (1) HANDLER.
Includes an individual with a disability and a trainer. (2) HOUSING ACCOMMODATION. Any real
property or portion thereof which is used or occupied, or intended, arranged, or designed
to be used or occupied, as the home, residence, or sleeping place of one or more individuals,
but does not include any single-family residence, the occupants of which rent, lease, or furnish
for compensation not more than one room therein. (3) INDIVIDUAL WITH A DISABILITY. As defined
by 42 U.S.C. ยง12102, and further defined as an individual who has a physical or mental impairment,
including a physical, sensory, psychiatric,...
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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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38-9C-4
Section 38-9C-4 Rights. The rights of persons with developmental disabilities and traumatic
brain injury include, but are not limited to, all of the following: (1) The right to exercise
the rights of citizens of the United States and the State of Alabama. (2) The right to access
a full array of services appropriate for them as individuals. (3) The right to inclusion in
the community. (4) The right to live, work, be educated, and recreate with people who do not
have disabilities. (5) The right to be presumed competent until a court of competent jurisdiction
determines otherwise. (6) The right to social interaction with members of either sex. (7)
The right to vote and otherwise participate in the political process according to applicable
laws of the United States and the State of Alabama. (8) The right to free exercise of religion.
(9) The right to confidential handling of personal, financial, and medical records. (10) The
right to own and possess real and personal property. (11) The...
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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have
the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful
deprivation by a caregiver or other person of services necessary to maintain mental and physical
health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose
behavior indicates that he or she is mentally incapable of adequately caring for himself or
herself and his or her interests without serious consequences to himself or herself or others,
or who, because of physical or mental impairment, is unable to protect himself or herself
from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has
no guardian, relative, or other appropriate person able, willing, and available to assume
the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER.
An individual who has the responsibility for the care of a protected...
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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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34-39-3
Section 34-39-3 Definitions. In this chapter, the following terms shall have the respective
meanings provided in this section unless the context clearly requires a different meaning:
(1) ASSOCIATION. The Alabama Occupational Therapy Association. (2) BOARD. The Alabama State
Board of Occupational Therapy. (3) LICENSE. A valid and current certificate of registration
issued by the Alabama State Board of Occupational Therapy. (4) OCCUPATIONAL THERAPY. a. The
practice of occupational therapy means the therapeutic use of occupations, including everyday
life activities with individuals, groups, populations, or organizations to support participation,
performance, and function in roles and situations in home, school, workplace, community, and
other settings. Occupational therapy services are provided for habilitation, rehabilitation,
and the promotion of health and wellness to those who have or are at risk for developing an
illness, injury, disease, disorder, condition, impairment, disability,...
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16-39-2
Section 16-39-2 Definitions. For purposes of this chapter, the following words, terms, and
phrases shall have the following respective interpretations: (1) EXCEPTIONAL CHILDREN. Persons
between the ages of six and 21 years who have been certified under regulations of the State
Board of Education by a specialist as being unsuited for enrollment in regular classes of
the public schools or who are unable to be educated or trained adequately in the regular programs
including, but not limited to: the mildly and moderately to severely retarded, and also the
profoundly retarded; the speech impaired; the hearing impaired, deaf, and partially hearing;
the blind and vision impaired; the crippled and those having other physical handicaps not
otherwise specifically mentioned herein; the emotionally conflicted; those with special learning
disabilities; the multiple handicapped; and the intellectually gifted. (2) HEREIN, HEREBY,
HEREUNDER, HEREOF. Refer to this chapter as an entirety and not solely...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is the schedule
of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary total disability,
the compensation shall be 66 2/3 percent of the average weekly earnings received at the time
of injury, subject to a maximum and minimum weekly compensation as stated in Section 25-5-68,
but if at the time of injury the employee received average weekly earnings of less than the
minimum stated in Section 25-5-68, then he or she shall receive the full amount of the average
weekly earnings per week. This compensation shall be paid during the time of the disability,
but at the time as a temporary total disability shall become permanent, compensation for the
continued total disability shall be governed by (a)(4) of this section with respect to permanent
total disability. Payments are to be made at the intervals when the earnings were payable,
as nearly as may be, unless the parties otherwise agree....
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