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25-5-333
Section 25-5-333 Elements of program. (a) A drug-free workplace program shall contain all the
following elements: (1) A written policy statement as provided in Section 25-5-334. (2) Substance
abuse testing as provided in Section 25-5-335. (3) Resources of employee assistance providers
maintained in accordance with Section 25-5-336. (4) Employee education as provided in Section
25-5-337(a). (5) Supervisor training in accordance with Section 25-5-337(b). (b) In addition
to the requirements of subsection (a), a drug-free workplace program shall be implemented
in compliance with the confidentiality standards provided in Section 25-5-339. (Acts 1995,
No. 95-535, p. 1082, §4.)...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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45-45-82.03
Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund. (a) In all
criminal and juvenile delinquency cases in the circuit and district courts of Madison County
wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform Controlled
Substances Act the clerk of the respective court shall charge and collect a fee of ten dollars
($10) in addition to all other costs and charges now or hereafter provided. (b) The monies
derived from the charges herein prescribed shall be remitted to the Madison County Commission
and be deposited to a fund which shall be designated as the Madison County Juvenile Court
Drug Abuse Prevention Fund. All funds so deposited shall be disbursed for the following purposes:
(1) Conducting drug and alcohol abuse education programs. (2) Conducting drug and alcohol
abuse counseling programs. (3) Reimbursing any nonprofit organization approved by the juvenile
court of the county for services performed for the juvenile...
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32-6-49.11
Section 32-6-49.11 Disqualification from driving commercial motor vehicle. (a) Any person is
disqualified from driving a commercial motor vehicle for a period of not less than one year
if convicted of a first violation of one of the following: (1) Driving a motor vehicle under
the influence of alcohol, or a controlled substance or any other drug which renders a person
incapable of safely driving. (2) Driving a commercial motor vehicle while the alcohol concentration
of the person's blood, urine, or breath is 0.04 or more. (3) Knowingly and willfully leaving
the scene of an accident involving a motor vehicle driven by the person. (4) Using a motor
vehicle in the commission of any felony. (5) Refusal to submit to a test to determine the
driver's use of a controlled substance or alcohol concentration while driving a motor vehicle.
If any of the violations in subdivisions (1) to (5), inclusive, occurred while transporting
a hazardous material required to be placarded, the person is...
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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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12-23A-3
Section 12-23A-3 Legislative intent. (a) The Legislature recognizes that a critical need exists
in this state for the criminal justice system to more effectively address the number of defendants
who are involved with substance abuse or addiction. For the criminal justice system to maintain
credibility, court and community alternatives for the substance abuse and addiction involved
defendant must be expanded. A growing body of research demonstrates the impact of substance
abuse on public safety, personal health, and health care costs, the spread of communicable
disease, educational performance and attainment, work force reliability and productivity,
family safety, and financial stability. Requiring accountability and effective treatment,
in addition to or in place of, conventional and expensive incarceration, will promote public
safety, the welfare of the individuals involved, reduce the burden upon the State Treasury
and benefit the common welfare of this state. The goals of this...
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22-21-264
Section 22-21-264 Criteria for state agency review. The SHPDA, pursuant to the provisions of
Section 22-21-274, shall prescribe by rules and regulations the criteria and clarifying definitions
for reviews covered by this article. These criteria shall include at least the following:
(1) Consistency with the appropriate State Health Facility and services plans effective at
the time the application was received by the State Agency, which shall include the latest
approved revisions of the following plans: a. The most recent Alabama State Health Plan which
shall include updated inventories and separate bed need methodologies for inpatient rehabilitation
beds, inpatient psychiatric beds and inpatient/residential alcohol and drug abuse beds. b.
Alabama State Health Plan for services to the mentally ill. c. Alabama State Plan for rehabilitation
facilities. d. Alabama developmental disabilities plan. e. Alabama State alcoholism plan.
f. Such other State Plans as may from time to time be...
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25-5-330
Section 25-5-330 Legislative intent. It is the intent of the Legislature to promote drug-free
workplaces in order that employers in this state be afforded the opportunity to maximize their
levels of productivity, enhance their competitive positions in the marketplace, and reach
their desired levels of success without experiencing the costs, delays, and tragedies associated
with work related accidents resulting from substance abuse by employees. (Acts 1995, No. 95-535,
p. 1082, §1.)...
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25-5-51
Section 25-5-51 Right to compensation for injuries or death; grounds for denial of compensation.
If an employer is subject to this article, compensation, according to the schedules hereinafter
contained, shall be paid by the employer, or those conducting the business during bankruptcy
or insolvency, in every case of personal injury or death of his or her employee caused by
an accident arising out of and in the course of his or her employment, without regard to any
question of negligence. Notwithstanding the foregoing, no compensation shall be allowed for
an injury or death caused by the willful misconduct of the employee, by the employee's intention
to bring about the injury or death of himself or herself or of another, his or her willful
failure or willful refusal to use safety appliances provided by the employer or by an accident
due to the injured employee being intoxicated from the use of alcohol or being impaired by
illegal drugs. A positive drug test conducted and evaluated...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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