Alabama Administrative Code

(1) On presentation of the hearing officer's findings of fact and conclusions of law, recommendation and proposed order, the Office of General Counsel shall mail copies to each party. (2) The parties shall have 15 days from the date of decision in which to present written objecti…

(1) The Board shall utilize the contested case procedure in this chapter to take any adverse action on any existing license of a hospital or other health care facility under the jurisdiction of the Board except when required to be modified by Code of Ala. 1975, §§ 22-21-25, 22-21…

(1) Any party aggrieved by an order of the State Health Officer who desires to have the same modified or set aside may, within 15 days after the entry of the order, file an application for rehearing, which shall specify in detail the grounds for the relief sought therein and the …

(1) Legal Authority for Adoption of Rules. Under and by virtue of authority vested in it by the Legislature of the State of Alabama, Code of Ala. 1975, §§ 22-2-2(6), 41-22-11, the Alabama State Board of Health does hereby adopt and promulgate the following rules governing petitio…

(1) Persons Who May Submit. Any person who is substantially affected by any rule of the Board, and any person substantially affected by any state or federal statute enforceable by the Board or by the Department may submit a petition requesting a declaratory ruling. (2) Scope of D…

(1) Identification of Petition. Each petition must contain language reasonably calculated to alert the Board that the petitioner is requesting a declaratory ruling pursuant to these rules and Code of Ala. 1975, § 41-22-11. A petition which is properly addressed to the General Cou…

(1) Forty-Five-Day Response Period. All properly submitted petitions may be ruled upon by the State Health Officer in the name of the Board within forty-five calendar days of receipt. (2) When Period Begins to Run. The forty-five-day period shall begin running on the first State …

(1) Interim Response. (a) Each petition received by the General Counsel shall be docketed and examined for conformity to these rules. (b) If the petition is determined to present an appropriate request for declaratory ruling, and if it is in proper form, then the General Counsel …

The State Board of Health was constituted by Code of Ala. 1975, § 22-2-1, and is charged with the responsibility for safeguarding the public health through enforcement of the public health laws of the State of Alabama and other means as enumerated in § 22-2-2. The terms State Boa…

(1) Location. The State Board of Health and its administrative arm, the Department of Public Health, have central offices located in the RSA Tower, 201 Monroe Street, Montgomery, Alabama 36104. Mailings are to be sent to Post Office Box 303017, Montgomery, Alabama 36130-3017. Off…

The Committee of Public Health elects an executive officer who is known as the State Health Officer and who is responsible for the day-to-day administration of the Board's activities. The Department of Public Health is composed of numerous offices, bureaus, divisions, and public …

(1) All public records of the State Board of Health are available for public inspection during business hours. Requests for such records may be made by Alabama citizens either electronically, by mail, or in person, pursuant to the provisions of the Alabama Open Records Act, Code …

Appropriate official forms of the Department of Public Health are available from the bureau or division administering the program or the area health officer. Forms used in locally administered programs are available from the local health department, the office of the State Health…

(1) The General Counsel of the Department of Public Health, whose office is located at 201 Monroe Street, Suite 1540, Montgomery, Alabama 36104, will serve as the Agency Secretary for Administrative Procedures. Mailings to the Agency Secretary are to be sent to Post Office Box 30…

All County Board of Health rules shall be filed with the Agency Secretary 30 days prior to adoption and shall not conflict with existing State Board of Health rules concerning the same subject matter. Notes Ala. Admin. Code r. 420-1-5-.07 Filed July 20, 1990. Repealed and New Rul…

Notwithstanding any rule provision previously adopted by the State Board of Health, pursuant to Code of Ala. 1975, §§22-llA-42 and 41-1-11, the Department of Public Health shall collect fees for the services as set out below. (1) Bureau of Environmental Services (a) Lead Hazard R…

(1) Pursuant to Code of Ala. 1975, § 22-2-2(6), the State Board of Health is authorized to adopt and promulgate rules and regulations providing proper methods and details for administering the health and quarantine laws of the state. State law, Code of Ala. 1975, §§ 22-2-5 and 22…

The purpose of these rules is to provide administrative details and procedures for the care and treatment of newborns identified with phenylketonuria, hypothyroidism, galactosemia, congenital adrenal hyperplasia, hearing loss, hemoglobinopathy, biotinidase deficiency, cystic fibr…

(a) Phenylketonuria - A congenital disease due to a deficit in the metabolism of the amino acid phenylalanine. (b) Hypothyroidism - A deficiency of thyroid gland activity with underproduction of thyroxin or the condition resulting from it. (c) Hemoglobinopathy - Any hemoglobin ph…

The State Board of Health hereby designates the following as a heritable disease subject to testing, reporting and notification requirements herein below specified. Phenylketonuria, hypothyroidism, galactosemia, congenital adrenal hyperplasia, hearing loss, hemoglobinopathy, biot…

(1) The Alabama Department of Public Health shall report all results of phenylketonuria, hypothyroidism, galactosemia, congenital adrenal hyperplasia, hearing loss, hemoglobinopathy, biotinidase deficiency, cystic fibrosis, aminoacidopathies, fatty acid oxidation disorders, organ…

(a) The Alabama Department of Public Health shall make contact with the physician of record and the parent/guardian of newborns who test positive for phenylketonuria, hypothyroidism, galactosemia, congenital adrenal hyperplasia, hearing loss, hemoglobinopathy, biotinidase deficie…

The Board shall assess and collect newborn screening fees from hospitals and birthing centers or third-party payors. The newborn screening fee shall be set by the State Committee of Public Health based on the schedule of laboratory fees established by Centers for Medicare and Med…

This Chapter prescribes general procedures that apply to the Women, Infants, and Children Supplemental Nutrition Program, hereinafter referred to as WIC, adoption, amendment, and repeal of rules of the State Board of Health. The Alabama Department of Public Health is hereinafter …

Certification is the use of criteria and procedures to assess and document each applicant's eligibility for participation in the Alabama WIC Program. (1) This eligibility determination is to be made at no cost to the participant. During this process, the holistic and social needs…

To be certified as eligible for the Alabama WIC Program, the applicant shall meet the following requirements and provide proof of identification, residence, and income. (1) Individual Status. Participants shall be one of the following: (a) A woman who is: (i) Pregnant; (ii) Withi…

(1) Approved Food Selection Criteria. Written criteria used in selecting authorized foods are outlined in the WIC Procedure Manual. Established criteria must meet the minimum Federal requirements. The Department reserves the right to, at any time, disallow certain brands, types, …

(1) General. The Department through the Alabama WIC Program provides special supplemental food to its participants through a retail purchase delivery system. Some special infant formulas are exceptions to this; these infant formulas are provided by direct distribution at the loca…

(1) Vendor appeals (a) Adverse actions subject to administrative review. The Department shall provide full administrative reviews to vendors that appeal the following adverse actions: 1. Denial of authorization based on the application of the vendor selection criteria for minimum…

(1) Availability of hearings. The Department shall provide a hearing procedure through which any individual may appeal a state or local agency action that: (a) Results in a claim against the individual for repayment of the cash value of improperly issued benefits. (b) Results in …

The formal administrative hearings regarding adverse actions taken against WIC vendors, local agencies, or participants must adhere to the Hearing of Contested Cases rules found in Chapter 420-1-3 of the Alabama Administrative Code unless those rules are contrary to this Chapter …

(1) Alabama WIC agencies are providing services in all of the 67 counties that are administered through the local clinics. The Affirmative Action Plan will be used as a method to reallocate existing funds, expand the WIC Program if additional funds are received, and target benefi…

(1) Private Non-Profit Agencies. The Alabama Department of Public Health, WIC Division, will coordinate and perform internal reviews to ensure proper administration of WIC Program funds on an annual basis, and in accordance with existing contracts. (a) A summary of audit findings…

The parts, sections, paragraphs, and provisions of this chapter are severable. Should any portion thereof be ruled unconstitutional or unenforceable by any court, the said ruling shall not affect any other provisions of this chapter not ruled upon. Notes Ala. Admin. Code r. 420-1…

To the extent that these regulations conflict with the Code of Federal Regulations as adopted herein, the provisions of the Code of Federal Regulations shall prevail. Notes Ala. Admin. Code r. 420-10-2-.12 New Rule: Filed August 20, 2004; effective September 24, 2004. Amended: Fi…

All rules promulgated and adopted by the Board which are in conflict with this Chapter or any provisions thereof are hereby expressly repealed. Notes Ala. Admin. Code r. 420-10-2-.13 New Rule: Filed August 20, 2004; effective September 24, 2004. Amended: Filed May 17, 2013; effec…

When used herein, the following words and terms shall have the meaning hereinafter ascribed to them unless the context prohibits. (1) Charitable clinic - An established free medical clinic as defined in subdivision (1) of Section 4 of Act No. 2000-680 and any community health cen…

(1) Legend drugs dispensed to a patient except controlled substances may be donated by the patient or, if the patient is deceased or incompetent, the patient's spouse, an adult child, a brother or sister, either parent, a legally-appointed guardian, or the administrator of the es…

Charitable clinics must have a written agreement with an authorized institution before accepting drugs. The following procedures must be followed by the authorized institution before releasing custody of the medications to the charitable clinic. (1) Any person accepting custody o…

This chapter establishes the qualifications and criteria for retired physicians and dentists who volunteer their services at established free medical clinics to be eligible to participate in professional liability coverage administered by the Department of Finance. Notes Ala. Adm…

The following terms shall have the following meanings respectively ascribed to them. (a) "Board" - The State Board of Health as constituted by Code of Ala. 1975, §§ 22-2-1. (b) "Dentist" - A person authorized to practice dentistry in accordance with Code of Ala. 1975, § 34-9-3 an…

To be eligible to participate in the professional liability coverage program under this Chapter an individual shall be either a retired dentist trained in general dentistry or a retired physician trained within the professional guidelines of one of the following areas of specialt…

(1) To be eligible for participation in the professional liability coverage program under this chapter a retired physician or dentist shall provide volunteer services no less than 4 hours and no more than 32 hours per month at an established free medical clinic. (2) Retired physi…

To be eligible to participate in the professional liability coverage program under this chapter a retired physician or dentist shall possess a the appropriate license to practice the profession in the State of Alabama and must maintain the current number of CE hours as prescribed…

An application to participate in the professional liability coverage program for a retired physician or dentist who volunteers at an established free medical clinic shall be completed and submitted to the Department. The following information may be required in the application: (…

(1) Eligible applicants shall be selected to participate in the professional liability coverage program based upon area of discipline and shall be selected on a first-come, first-served basis as long as funding is available. (2) The number of retired physicians and dentists selec…

(1) Participation in the program shall be authorized for a period of 12 months from the date of the approval of the application. (2) In order to be reauthorized to participate in the program, an application must be submitted to and approved by the Department pursuant to the requi…

Nothing in this chapter is intended to affect in any way the provisions of and protections provided by the Volunteer Medical Professional Act, Code of Ala. 1975, § 6-5-660, et seq. Notes Ala. Admin. Code r. 420-11-2-.09 New Rule: Filed September 17, 2010; effective October 22, 20…

Youth athletics associations and recreational organizations that sponsor or conduct sports training, or high-risk youth athletic activities for children age 14 years and younger, shall require all unpaid or volunteer coaches and athletics personnel to complete a didactic, online,…

Resources that fulfill the minimum requirements shall be listed on the Alabama Department of Public Health's website at www.alabamapublichealth.gov under Youth Athletic Training Resources. Notes Ala. Admin. Code r. 420-11-3-.02 Adopted by Alabama Administrative Monthly Volume XXX…