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22-8A-17
Section 22-8A-17 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) An Order for Pediatric
Palliative and End of Life (PPEL) Care shall only apply in the school setting if the order
is included as part of a Palliative and End of Life Individual Health Plan executed pursuant
to Chapter 30B of Title 16. (b) The attending physician of a qualified minor shall have no
supervisory authority over a school's execution of a Palliative and End of Life Individual
Health Plan. Any health care provider or health care facility acting within the applicable
standard of care with regard to a Palliative and End of Life Individual Health Plan is not
subject to criminal or civil liability and may not be found to have committed an act of unprofessional
conduct. Nothing in this chapter or any related act involving Orders for PPEL Care shall be
construed to establish a standard of care for physicians or...
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16-30B-1
Section 16-30B-1 Development and administration of plans. A Palliative and End of Life Individual
Health Plan shall be developed and administered in accordance with this chapter in order to
provide guidance to schools, school nurses, a terminally ill or injured student to whom the
plan applies, and the student's parents or guardians, with regard to the care provided to
that student and expectations for attendance or participation in school-sponsored activities.
(Act 2018-460, §2.)...
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16-30B-2
Section 16-30B-2 Definitions. As used in this chapter, the following terms have the following
meanings: (1) PALLIATIVE AND END OF LIFE INDIVIDUAL HEALTH PLAN or PLAN. A document that outlines
activities of which a qualified minor may partake in the school setting or in selected school
situations as prescribed in the plan. A plan shall be developed by the school nurse in conjunction
with the representative of the qualified minor, as provided under this chapter, and shall
outline the health care to be provided, including an Order for Pediatric Palliative and End
of Life Care, as defined in Section 22-8A-3, to a qualified minor in a school setting. (2)
QUALIFIED MINOR. The term as it is defined in Section 22-8A-3. (3) REPRESENTATIVE OF A QUALIFIED
MINOR. The term as it is defined in Section 22-8A-3. (4) SCHOOL. Any primary or secondary
public school located in the state. (5) SCHOOL EMPLOYEE. Any individual employed by a public
school system located in the state. (6) SCHOOL NURSE. A nurse...
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16-30B-3
Section 16-30B-3 Rulemaking authority; school nurse requirements; training guidelines. (a)
The State Board of Education shall adopt rules regarding the administration of Palliative
and End of Life Individual Health Plans in the school setting; provided, however, the board
may not propose rules without approval from the task force created pursuant to Section 16-30B-6.
For purposes of this subsection, approval requires an affirmative vote from at least three-fifths
of the task force members. The rules shall include, but are not limited to, the contents of
a plan and procedures for the execution and termination of a plan. The final rules shall be
certified to the Legislative Services Agency not later than June 1, 2019. (b) A Palliative
and End of Life Individual Health Plan administered under this chapter shall be developed
by the school nurse, in conjunction with the representative of the qualified minor. (c) A
plan shall include an Order for Pediatric Palliative and End of Life Care...
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22-8A-3
Section 22-8A-3 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. Any person
19 years of age or over. (2) ARTIFICIALLY PROVIDED NUTRITION AND HYDRATION. A medical treatment
consisting of the administration of food and water through a tube or intravenous line, where
the recipient is not required to chew or swallow voluntarily. Artificially provided nutrition
and hydration does not include assisted feeding, such as spoon or bottle feeding. (3) ADVANCE
DIRECTIVE FOR HEALTH CARE. A writing executed in accordance with Section 22-8A-4 which may
include a living will, the appointment of a health care proxy, or both such living will and
appointment of a health care proxy. (4) ATTENDING PHYSICIAN. The physician selected by, or
assigned to, the patient who has primary responsibility for the treatment and care of the
patient. (5) CARDIOPULMONARY CESSATION. A lack of pulse or...
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22-8A-2
Section 22-8A-2 Legislative intent. The Legislature finds that competent adult persons have
the right to control the decisions relating to the rendering of their own medical care, including,
without limitation, the decision to have medical procedures, life-sustaining treatment, and
artificially provided nutrition and hydration provided, withheld, or withdrawn in instances
of terminal conditions and permanent unconsciousness. In order that the rights of individuals
may be respected even after they are no longer able to participate actively in decisions about
themselves, the Legislature hereby declares that the laws of this state shall recognize the
right of a competent adult person to make a written declaration instructing his or her physician
to provide, withhold, or withdraw life-sustaining treatment and artificially provided nutrition
and hydration or designate by lawful written form a health care proxy to make decisions on
behalf of the adult person concerning the providing,...
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27-44-3
Section 27-44-3 Scope of chapter. (a) This chapter shall provide coverage for the policies
and contracts specified in subsection (b) as follows: (1) To persons who, regardless of where
they reside (except for non-resident certificate holders under group policies or contracts),
are the beneficiaries, assignees, or payees of the persons covered under subdivision (2).
(2) To persons who are owners of or certificate holders under the policies or contracts, other
than structured settlement annuities, and in each case who are either of the following: a.
Residents b. Not residents, but only under all of the following conditions: 1. The insurer
that issued the policies or contracts is domiciled in this state. 2. The states in which the
persons reside have associations similar to the association created by this chapter. 3. The
persons are not eligible for coverage by an association in any other state due to the fact
the insurer was not licensed in the state at the time specified in the state's...
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16-30B-5
Section 16-30B-5 Liability of attending physician. An attending physician, as defined in Section
22-8A-3, has no supervisory authority over the school's execution of the Palliative and End
of Life Individual Health Plan and shall be immune from civil liability for any orders, acts,
or omissions directly related to this chapter, including any vicarious liability for the acts
and omissions of school employees and officials in carrying out the Palliative and End of
Life Individual Health Plan. (Act 2018-460, §2.)...
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16-30B-6
Section 16-30B-6 Temporary task force. (a) A task force is created to serve under the supervision
of the Alabama Department of Education to approve proposed rules of the State Board of Education
regarding the administration of Palliative and End of Life Individual Health Plans in the
school setting, in accordance with Section 16-30B-3. The task force shall include all of the
following representatives: (1) The Department of Education Nurse Administrator. (2) The Department
of Education Nurse Manager. (3) One member appointed by the Special Education Services Division
of the Department of Education. (4) Two registered nurses currently working in a public school
setting, appointed by the Department of Education Nurse Administrator. (5) One member appointed
by the Alabama Association of School Nurses. (6) One member appointed by the Alabama Board
of Nursing. (7) One member appointed by the Children's of Alabama Palliative Care Team. (8)
One member appointed by the University of South...
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22-8A-7
Section 22-8A-7 Competency of declarant; liability of participating physician, facility, etc.
(a) A competent adult may make decisions regarding life-sustaining treatment and artificially
provided nutrition and hydration so long as that individual is able to do so. The desires
of an individual shall at all times supersede the effect of an advance directive for health
care. (b) If the individual is not competent at the time of the decision to provide, withhold,
or withdraw life-sustaining treatment or artificially provided nutrition and hydration, a
living will executed in accordance with Section 22-8A-4(a) or a proxy designation executed
in accordance with Section 22-8A-4(b) is presumed to be valid. For the purpose of this chapter,
a health care provider may presume in the absence of actual notice to the contrary that an
individual who executed an advance directive for health care was competent when it was executed.
The fact of an individual's having executed an advance directive for...
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