Alabama Administrative Code

(1) The willful and intentional failure of a healthcare facility to comply with the HAI reporting requirements of these rules may result in the imposition of a civil monetary penalty not to exceed $5,000 per violation. (a) Willful and intentional failure to comply with the report…

These rules shall no longer have any force or effect and shall not be enforceable after ADPH determines that there has been an enactment of a United States government program for collecting and disseminating HAI data which mandates, at a minimum, the reporting, collection, and di…

(1) Legal Authority for Adoption of Rules. Under and by virtue of authority vested in it by the Legislature of Alabama (Code of Ala. 1975, Section 22-21-20, et seq.), the State Board of Health does hereby adopt and promulgate the following rules governing outpatient abortion or r…

(1) Governing Authority. (a) Responsibility. The governing authority is the person or persons responsible for the management, control, and operation of the facility, including the appointment of persons to fill the minimum staffing requirements. The governing authority shall ensu…

(1) Patient Care. All patient care must be rendered in accordance with all applicable federal, state, and local laws, these rules, and current standards of care, including all professional standards of practice. As with any surgical procedure, the physician performing the procedu…

(1) Existing Facilities. An existing abortion or reproductive health center shall comply with the requirements for Existing Ambulatory Health Care Occupancy in the currently adopted National Fire Protection Association (NFPA) 101, Life Safety Code. (2) Submission of Plans and Spe…

(1) Definitions - (a list of selected terms often used in connection with these rules): (a) "AAC Rule" - Alabama Administrative Code Rule. (b) "These Rules" - Rules 420-5-10-.01 through 420-5-10-.11, Chapter 420-5-10, Nursing Facilities, Alabama Administrative Code. (c) "Accredit…

(1) Legal Authority for Adoption of Regulations. Pursuant to the authority granted by Code of Ala. 1975, § 22-21-20 et seq. and in accordance with the Alabama Administrative Procedures Act, Code of Ala. 1975, § 41-22-1 et seq., the State Board of Health does hereby adopt and prom…

(1) A facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. (2) A facility must be licensed under applicable State an…

(1) General. The administrator shall be responsible for implementation and maintenance of written personnel policies and procedures that support sound resident care and personnel practices. Personnel records shall be in effect current and available for each employee and contain s…

(1) Resident rights. The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following …

(1) Admissions, transfers, transport and discharge. (a) Transfer and discharge includes movement of a resident to a bed outside of the certified facility whether that bed is in the same physical plant or not. Transfer and discharge does not refer to movement of a resident to a be…

(1) Resident behavior and facility practices. (a) Restraints. The resident has the right to be free from any physical or chemical restraints imposed for purposes of discipline or convenience, and not required to treat the resident's medical symptoms. (b) Abuse. The resident has t…

(1) Quality of Life. A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. (a) Dignity. The facility must promote care for residents in a manner and in an environment that maintains or…

(1) Resident assessment. The facility must conduct initially and periodically a comprehensive, accurate, standardized, reproducible assessment of each resident's functional capacity. (2) Admission orders. At the time each resident is admitted, the facility must have physician ord…

(1) Each resident must receive and the facility must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in accordance with the comprehensive assessment and plan of care. (2) Activities of daily livi…

(1) The facility must have sufficient nursing staff to provide nursing and related services to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care. (2) Suffic…

(1) The facility must provide each resident with a nourishing, palatable, well balanced diet that meets the daily nutritional and special dietary needs of each resident. (a) Staffing. The facility must employ a qualified dietitian either full-time, part-time, or on a consultant b…

(1) A physician must personally approve in writing a recommendation that an individual be admitted to a facility. Each resident must remain under the care of a physician. (2) Physician supervision. The facility must ensure that-- (a) The medical care of each resident is supervise…

(1) Provision of services. If specialized rehabilitative services such as, but not limited to, physical therapy, speech-language pathology, occupational therapy, and health rehabilitative services for mental illness and mental retardation are required in the resident's comprehens…

(1) The facility must assist residents in obtaining routine and 24-hour emergency dental care. (a) Skilled nursing facilities. A facility: 1. Must provide or obtain from an outside resources, in accordance with Section 483.75(h) of Title 42 Code of Federal Regulations revised 10/…

(1) The facility must provide routine and emergency drugs and biologicals to its residents, or obtain them under an agreement described in §483.75(h) of Title 42 Code of Federal Regulations revised 10/1/93. (a) Procedures. A facility must provide pharmaceutical services (includin…

(1) The facility must establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of disease and infection. (a) Infection control program. The facility must establish an…

(1) Location. (a) The nursing facility site shall provide space to accommodate staff and visitor parking, service access, emergency access, outdoor resident activity space and other areas required to provide for the care and proper operation of the facility. (b) The location and …

(1) Purpose. To establish the procedure and requirements for exempting drug products from the requirements of the statutory prohibition of Act No. 81-389, § 1, (Code of Ala. 1975, § 20-1-150). (2) Statutory Prohibition. No drug product in finished solid oral dosage form for which…

(1) An exemption may be obtained by the manufacturer, or distributor who prepares the product in the final finished form for distribution to the public, by letter application to the State Board of Health. Application must include a sworn statement describing the product for which…

No manufacturer or distributor of controlled substances or agent thereof as defined by Code of Ala. 1975, § 20-2-2, may give as promotional items or lagniappes or for any other reason, or by any means convey or cause to fall into the possession of any practitioner of the healing …

(1) Legal Authority for Adoption of Rules. The following rules for Birthing Centers are adopted by the Alabama State Board of Health pursuant to § 22-21-20, et seq., Code of Ala. 1975. (2) Definitions (a) "Administrator" means a natural person who is the governing authority of a …

(1) Governing Authority. (a) Responsibility. The governing authority is the person or persons responsible for the management, maintenance, control, and operation of the birthing center, including the provision of personnel, facilities, equipment, supplies, and services to mothers…

(1) Organization. There shall be an organized medical staff consisting of a minimum of one staff physician or consultant physician, and CNMs and RNs. CPMs may also provide assistive care to the medical staff of a birthing center while a patient is laboring, during birth, and thro…

(1) Before admission to services, a patient shall be informed of: (a) The qualifications of the birthing center medical staff (b) The risks related to out-of-hospital childbirth. (c) The possibility of referral or transfer if complications arise during pregnancy or labor, with ad…

(1) Prior to admission for services, patients shall be fully informed of:(a) The criteria adopted by the birthing center for the selection and admission of patients. (b) The philosophy of the birthing center's governing body and medical staff regarding childbirth care and managem…

(1) The birthing center's medical practitioners shall follow the guidelines set forth by the American College of Obstetricians and Gynecologists for testing pregnant women for sexually transmitted diseases. (2) Initial Visit. (a) The birthing center shall at a minimum conduct one…

(1) A member of the medical staff shall be present or available to the patient at all times throughout her stay in the birthing center. (2) The medical staff shall monitor the progress of labor and condition of the mother and fetus at sufficiently frequent intervals to identify a…

(1) No surgical procedures shall be performed in the birthing center except episiotomy, repair of episiotomy or laceration, or circumcision. Surgical repairs of fourth degree lacerations may only be performed in a birthing center by the staff physician or consultant physician. Ci…

(1) Immediate postpartum care shall be provided to the mother at the birthing center by qualified members of the medical staff. (2) The condition of the mother shall be monitored frequently to detect signs of hemorrhage or other complications requiring prompt transfer to a hospit…

(1) When necessary, patients shall be transferred from the birthing center to a hospital with which a written Transfer Agreement is in effect. A complete copy of the health record of both the mother and newborn, maintained up to and including the time of transfer, shall be provid…

(1) Medical Records to be Kept. A birthing center shall keep comprehensive, organized, and readily accessible records for each patient (mother and newborn), including, but not limited to, admission and discharge notes, histories, physical examinations, nurses notes, procedure sch…

(1) The rights and responsibilities of the patient and family, however defined, shall be clearly delineated in the birthing center's policies and procedures and communicated on the patient's admission for care. All patients have a right to: (a) Be treated with respect, dignity, a…

(1) There shall be a written quality assurance program consisting of an interdisciplinary committee which shall perform quality assurance reviews for maternal and newborn care provided in the birthing center, including, but not limited to: (a) At least annual review of protocols,…

(1) An annual report shall be created by the birthing center no later than the 30th day of the month following the end of the calendar year and kept on file by the facility. At a minimum, the report shall contain the following information and shall be made available for inspectio…

(1) The birthing center shall develop, implement, and enforce written policies and procedures governing the provision of pharmaceutical services. (2) Administering Drugs and Medicines. (a) Drugs and medicines shall not be administered to patients unless ordered by a physician dul…

(1) The birthing center may provide a clinical laboratory or make contractual arrangements with a certified laboratory to perform services commensurate with the needs of the birthing center and the laboratory's level of certification. (a) Outside Laboratory. 1. Qualifications. An…

(1) Safety. The governing authority shall develop written policies and procedures designed to safeguard patients, staff, and visitors while in the birthing center and on its grounds. The policies and procedures shall include the following: (a) Safety rules and practices pertainin…

(1) The birthing center shall establish and maintain a safe environment for healthy women anticipating an uncomplicated labor and birth, with adequate space for furnishings, equipment, and supplies necessary to ensure comfortable and private accommodations for the mother and fami…

(1) General. (a) Location. The birthing center shall be in a location that is free from undue noise, smoke, dust, or foul odors and shall have sufficient parking spaces to accommodate patients and their families. (b) Local Requirements. The birthing center shall comply with all l…

Notes Ala. Admin. Code r. 420, ch. 420-5-13, 420-5-13-AA Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023.

Notes Ala. Admin. Code r. 420, ch. 420-5-13, 420-5-13-AB Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023, eff. 10/15/2023. Statutory Authority: CODE OF ALA. 1975, SECTIONS 22-21-20, ET SEQ.

(Repealed). Author: Joan McConnell Notes Ala. Admin. Code r. 420-5-14-.01 Filed April 19, 1989. Repealed: Filed October 20, 1999; effective November 24, 1999. Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 22-21-28.

(Repealed). Author: Joan McConnell Notes Ala. Admin. Code r. 420-5-14-.02 Filed April 19, 1989. Repealed: Filed October 20, 1999; effective November 24, 1999. Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 22-21-28.