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6-5-548
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider;
no evidence admitted of medical liability insurance. (a) In any action for injury or damages
or wrongful death, whether in contract or in tort, against a health care provider for breach
of the standard of care, the plaintiff shall have the burden of proving by substantial evidence
that the health care provider failed to exercise such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice ordinarily
have and exercise in a like case. (b) Notwithstanding any provision of the Alabama Rules of
Evidence to the contrary, if the health care provider whose breach of the standard of care
is claimed to have created the cause of action is not certified by an appropriate American
board as being a specialist, is not trained and experienced in a medical specialty, or does
not hold himself or herself out as a specialist, a "similarly...
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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical
practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other
health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE.
The standard of care is that level of such reasonable care, skill, and diligence as other
similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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6-5-580
Section 6-5-580 Standards of care. In any action for injury or damages or wrongful death, whether
in contract or in tort, against a legal service provider, the plaintiff shall have the burden
of proving that the legal service provider breached the applicable standard of care. The applicable
standard of care shall be as follows: (1) The applicable standard of care against the defendant
legal service provider shall be such reasonable care and skill and diligence as other similarly
situated legal service providers in the same general line of practice in the same general
area ordinarily have and exercise in a like case. (2) However, if the defendant publishes
the fact that he or she is certified as a specialist in an area of the law or if the defendant
legal service provider solicits business by publicly advertising as a specialist in any area
of the law, the standard of care applicable to such legal service provider in a claim for
damages resulting from the practice of such a specialty...
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22-18-6
Section 22-18-6 Violations; good Samaritan provisions; scope of privilege; control of emergency
scene; penalties. (a) It shall be a Class A misdemeanor for any person, firm, company, corporation,
organization, facility, or agency to do any of the following: (1) Deliberately hinder, obstruct,
or interfere with an officer, inspector, or duly authorized agent of the board while in the
performance of official duties. (2) Deliberately hinder, obstruct, or interfere with any physician,
licensed nurse, licensed EMSP, or emergency personnel exempt from licensure under this article
while that individual is providing emergency care to a third person or while that individual
is assisting at the scene of an emergency, directing traffic at the scene of an emergency,
or managing or helping to manage the scene of an emergency. (3) Violate subsection (c) or
(d). (4) Offer, provide, or perform, without a license or certificate to do so, an emergency
medical service or other function which, under this...
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34-29-94
Section 34-29-94 Veterinary technician licensing requirements; authorized acts; unlicensed
assistants; emergency care; suspension, revocation of license; continuing education. (a) In
order to obtain a license as a veterinary technician, the applicant shall do all of the following:
(1) Submit a complete notarized application on a form prescribed by the board setting forth
that the applicant meets all of the following qualifications: a. At least 18 years of age.
b. Of good character. c. Has attained a competent school education and has received a diploma
in veterinary technology from an American Veterinary Medical Association accredited school,
or other school of veterinary technology approved by the board. (2) Submit an application
accompanied by an authenticated copy of the college transcript of the applicant signed by
the dean or the registrar of the school, college, or university. (3) Submit an application
accompanied by a photograph of reasonable likeness of the applicant taken...
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22-6-153
Section 22-6-153 Contract to provide medical care to Medicaid beneficiaries; enrollment; grievance
procedures; duties of Medicaid Agency. (a) Subject to approval of the federal Centers for
Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each Medicaid
region for at least one fully certified regional care organization to provide, pursuant to
a risk contract under which the Medicaid Agency makes a capitated payment, medical care to
Medicaid beneficiaries. However, the Medicaid Agency may enter into a contract pursuant to
this section only if, in the judgment of the Medicaid Agency, care of Medicaid beneficiaries
would be better, more efficient, and less costly than under the then existing care delivery
system. The Medicaid Agency may contract with more than one regional care organization in
a Medicaid region. Pursuant to the contract, the Medicaid Agency shall set capitation payments
for the regional care organization. (b) The Medicaid Agency shall...
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6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
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22-21-24
Section 22-21-24 License - Fees; expiration and renewal; accreditation. The application for
a license to operate a hospital other than an assisted living facility or a specialty care
assisted living facility rising to the level of intermediate care shall be accompanied by
a standard fee of two hundred dollars ($200), plus a fee of five dollars ($5) per bed for
each bed over 10 beds to be licensed in accordance with regulations promulgated under Section
22-21-28. Increase in a hospital's bed capacity during the calendar year is assessed at the
standard fee of two hundred dollars ($200) plus five dollars ($5) each for the net gain in
beds. The initial licensure fee and subsequent annual licensure renewal fee for an assisted
living facility and for a specialty care assisted living facility rising to the level of intermediate
care shall be two hundred dollars ($200) plus fifteen dollars ($15) for each bed. A license
renewal application for any hospital, as defined by this article, which is...
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22-5A-6
Section 22-5A-6 Procedures for resolving complaints. (a) A community ombudsman's access to
any health care facility shall be limited to standard operating hours unless prior arrangements
with the operator of the facility has been made. If the complaint involves more than one provider
or alleges to involve more than one provider, the ombudsman shall investigate all providers.
(b) Any complaint requiring remedial action and deemed valid by the ombudsman shall be identified
and brought to the attention of the administrator or provider involved and followed up in
writing within a reasonable time. Upon receipt of such document, the administrator or provider,
in coordination with the ombudsman, shall establish a course of appropriate remedial action.
If the remedial action is not forthcoming within a reasonable time, the ombudsman must refer
the case to the State Ombudsman who may take any one or more of the following actions: (1)
Allow more time if the State Ombudsman has reason to believe...
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27-3A-5
Section 27-3A-5 Standards for utilization review agents. (a) Except as provided in subsection
(b), all utilization review agents shall meet the following minimum standards: (1) Notification
of a determination by the utilization review agent shall be mailed or otherwise communicated
to the provider of record or the enrollee or other appropriate individual within two business
days of the receipt of the request for determination and the receipt of all information necessary
to complete the review. (2) Any determination by a utilization review agent as to the necessity
or appropriateness of an admission, service, or procedure shall be reviewed by a physician
or determined in accordance with standards or guidelines approved by a physician. (3) Any
notification of determination not to certify an admission, service, or procedure shall include
the principal reason for the determination and the procedures to initiate an appeal of the
determination. (4) Utilization review agents shall maintain...
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