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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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20-2-214
Section 20-2-214 Limited access to database permitted for certain persons or entities. (a)
The following persons or entities shall be permitted access to the information in the controlled
substances database, subject to the limitations indicated below: (1) Authorized representatives
of the certifying boards; provided, however, that access shall be limited to information concerning
the licensees of the certifying board, however, authorized representatives from the Board
of Medical Examiners may access the database to inquire about certified registered nurse practitioners
(CRNPs), or certified nurse midwives (CNMs) that hold a Qualified Alabama Controlled Substances
Registration Certificate (QACSC). (2) A licensed practitioner approved by the department who
has authority to prescribe, dispense, or administer controlled substances. The licensed practitioner's
access shall be limited to information concerning himself or herself, registrants who possess
a Qualified Alabama Controlled...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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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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40-26B-70
Section 40-26B-70 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) ACCESS PAYMENT. A payment by the Medicaid program to an eligible
hospital for inpatient or outpatient hospital care, or both, provided to a Medicaid recipient.
(2) ALL PATIENT REFINED DIAGNOSIS-RELATED GROUP (APR-DRG). A statistical system of classifying
any non-Medicare inpatient stay into groups for the purposes of payment. (3) ALTERNATE CARE
PROVIDER. A contractor, other than a regional care organization, that agrees to provide a
comprehensive package of Medicaid benefits to Medicaid beneficiaries in a defined region of
the state pursuant to a risk contract. (4) CERTIFIED PUBLIC EXPENDITURE (CPE). A certification
in writing of the cost of providing medical care to Medicaid beneficiaries by publicly owned
hospitals and hospitals owned by a state agency or a state university plus the amount of uncompensated
care provided by publicly owned hospitals and hospitals...
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38-7-3
Section 38-7-3 License to operate or conduct child-care facility - Requirements; recordkeeping;
parental notifications, etc.; affidavits; inspections and investigations. (a) No person, group
of persons, or corporation may operate or conduct any facility for child care, as defined
in this chapter, without being licensed or approved as provided in this chapter. (b)(1) Except
as provided in subdivision (2), the licensure requirements of this chapter do not apply to
a child-care facility that is operating as an integral part of a local church ministry or
a religious nonprofit school, and is so recognized in the church or school's documents, whether
operated separately or as a part of a religious nonprofit school unit, secondary school unit,
or institution of higher learning under the governing board or authority of the local church
or its convention, association, or regional body to which it may be subject. (2) A child-care
facility that receives state or federal funds or is operating for...
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13A-11-61.2
Section 13A-11-61.2 Possession of firearms in certain places. (a) In addition to any other
place limited or prohibited by state or federal law, a person, including a person with a permit
issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not knowingly
possess or carry a firearm in any of the following places without the express permission of
a person or entity with authority over the premises: (1) Inside the building of a police,
sheriff, or highway patrol station. (2) Inside or on the premises of a prison, jail, halfway
house, community corrections facility, or other detention facility for those who have been
charged with or convicted of a criminal or juvenile offense. (3) Inside a facility which provides
inpatient or custodial care of those with psychiatric, mental, or emotional disorders. (4)
Inside a courthouse, courthouse annex, a building in which a district attorney's office is
located, or a building in which a county commission or city council is...
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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms have the
following meanings: (1) ABORTION. The use or prescription of any instrument, medicine, drug,
or any other substance or device with the intent to terminate the pregnancy of a woman known
to be pregnant. Such use or prescription is not an abortion if done with the intent to save
the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver
an unborn child prematurely in order to preserve the health of both the mother (pregnant woman)
and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon with a human ovum.
(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise
been legally freed from the care, custody, and control of her parents. (4) GESTATIONAL AGE.
The time that has elapsed since the first day of the woman's last menstrual period. (5) MEDICAL
EMERGENCY. That condition which, on the basis of the physician's...
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40-26B-26
Section 40-26B-26 Reduction of revenues; reimbursement computations; quality incentive program.
THIS SECTION WAS AMENDED BY ACT 2020-147 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) No revenues resulting from the privilege assessment
established by this article and applied to increases in covered services or reimbursement
levels or other enhancements of the Medicaid program shall be subject to reduction or elimination
while the privilege assessment is in effect. (b) Every nursing facility participating in the
Medicaid program in the State of Alabama shall be reimbursed according to the reimbursement
methodology contained in Chapter 560-X-22 of the Alabama Medicaid Agency Administrative Code
(Supp. 12/31/95) on January 31, 1998, which methodology is incorporated by reference herein,
except that the following shall apply: (1) The ceiling for the operating cost center described
in Title 560-X-22-.06 (2)(a) of the Alabama Medicaid...
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