Title 22 — Title 22

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) CLIENTS. Those persons identified as receiving or needing services for an intellectual disability. (2) DEPARTMENT. The Department of Mental Health. (3)…

Upon May 1, 1984, the Alabama Mental Health Board shall cease to exist and the powers and responsibilities shall be vested in the Department of Mental Health through its commissioner. History: (Acts 1965, No. 881, p. 1649, §8; Acts 1984, No. 84-242, p. 365, §1.)

The Department of Mental Health is given hereby the following additional and cumulative powers through its commissioner: (1) It is authorized and directed to set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness and any a…

The commissioner may establish a legal division, which shall be under the direction of an attorney authorized to practice law in the State of Alabama, and it shall be his duty to conduct the legal affairs of the department. The commissioner may appoint other attorneys to assist h…

As near after the end of the fiscal years as possible, the department shall print and send to the Governor a report consisting of activities of the department, needs of facilities under its jurisdiction, mental health and intellectual disability conditions in the state with respe…

Every budget period the department shall present to the Governor a request for funds based on projected needs for mental health and intellectual disability services in the state, together with a budget showing the expenditure of such requested funds; and the Governor shall includ…

Any state supported facility under the jurisdiction of the department providing services requiring on-premises residence of patients or clients, including, but not limited to, Bryce Hospital, Searcy Hospital, and Partlow State School and Hospital, shall be considered an essential…

The Governor shall appoint the Mental Health Commissioner and shall fix his term of office and salary, such salary to be established without regard to any limitations now, or hereafter, established by law unless such law specifically refers to such Mental Health Commissioner. The…

with an Intellectual Disability. (a) No person, partnership, corporation, or association of persons shall operate a facility or institution for the care or treatment of any kind of mental or emotional illness or substance abuse or for providing services to persons with an intelle…

Nothing contained in this chapter shall change or alter the methods, means or procedures provided by law before the enactment of this chapter for the commitment or release of any person alleged to be non compos mentis, incompetent, mentally ill or emotionally disturbed. No person…

Any person who has been legally damaged by a final order or decision of the Mental Health Department may have a review of such decision in the circuit court, provided a sworn complaint is filed within 15 days of the date of such order or decision, charging that such order or deci…

There shall be created and established a department of the state government to be known as the Department of Mental Health. The department shall be composed of the State Mental Health Commissioner and such divisions and administrative sections as the Mental Health Commissioner ma…

(a) All rights, duties, property, real or personal, and all other effects existing in names of the Department of Mental Health and Mental Retardation, or in any other name by which the department has been known, shall continue in the name of the Department of Mental Health. Any e…

The Mental Health Department shall prescribe forms for probate judges to use which would give information deemed necessary by the department about prospective patients or clients. History: (Acts 1965, No. 881, p. 1649, §16; Acts 1984, No. 84-242, p. 365, §1.)

The State Mental Health Officer may appoint or employ one or more suitable persons to act as police officers to arrest intruders, trespassers, and persons guilty of improper or disorderly conduct on the property of state mental health facilities or hospitals. Such officers shall …

Neither the superintendent nor a physician of a state mental health facility or hospital shall be compelled to attend as a witness to testify as an expert in any case or on any question of insanity or psychological medicine in the state; provided, that he shall certify, in writin…

Any person, partnership, corporation or association that violates the provisions of this chapter or any regulations promulgated under authority delegated to the Mental Health Department, and after due notice served by registered or certified mail or personally, shall be liable to…

All laws or parts of laws, local, special or general, in conflict with this chapter are hereby specifically repealed. However, nothing in this chapter shall be construed to repeal Article 2 of Chapter 26 of Title 36 of this code. History: (Acts 1965, No. 881, p. 1649, §21.)

Appropriation for Capital Outlays and Improvements; Compensation; Funding from Oil and Gas Leases. REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1981, No. 81-770, p. 1326, §7.)

All fees, receipts, and income of the Department of Mental Health shall be paid over to a departmental treasurer, to be selected by the commissioner, or to a bank in lieu of the treasurer, as the commissioner may direct, and may be expended as authorized by the commissioner for s…

The Governor and the Commissioner of Mental Health are hereby constituted a public corporation to be known as the Department of Mental Health. History: (Acts 1965, No. 881, p. 1649, §2; Acts 1984, No. 84-242, p. 365, §1.)

The Alabama Department of Mental Health is hereby authorized to establish personnel policies and salary schedules for all of its employees, and such policies and schedules shall not be limited by Section 36-6-5 or by any other provisions of law, unless such a law enacted after Oc…

Personnel policies may be established so as to include under the State Merit System certain positions in the Department of Mental Health and so as to exclude other positions; however, employees of the Alabama Department of Mental Health and positions in such department which were…

Positions in the Department of Mental Health and employees of the Alabama Department of Mental Health not under the State Merit System on October 29, 1965, shall continue not under such Merit System until placed under such State Merit System by the Alabama Department of Mental He…

Any part of Section 22-50-11 in conflict with this article is hereby specifically repealed. History: (Acts 1965, 3rd Ex. Sess., No. 9, p. 214, §4.)

(a) In order to coordinate the activities of the Department of Mental Health and to advise with such department and to better acquaint the public with the needs and activities of such department, there is hereby created a board of trustees for the Department of Mental Health to b…

Subsequent appointments shall be made for a period of three years except that vacancies shall be filled by the Governor for the unexpired term only. History: (Acts 1965, No. 881, p. 1649, §4; Acts 1984, No. 84-242, p. 365, §1.)

It is the intent and purpose of the Legislature of the State of Alabama in this article to facilitate the collection of appropriate information, records and research data and to protect the individuals involved. History: (Acts 1971, No. 1891, p. 3078, §1.)

(a) The Commissioner of Mental Health, or his or her authorized agent, is hereby authorized to receive data from private or public agencies or agents for the purpose of research and study in mental health. All data received shall be used by the commissioner or persons designated …

No employee of any of the facilities under the management, control, supervision or affiliated with the Alabama Department of Mental Health shall be required to disclose any record, report, case history, memorandum or other information, oral or written, which may have been acquire…

Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019. History: (Acts 1993, No. 93-547, p. 901, §2.)

Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019. History: (Acts 1993, No. 93-547, p. 901, §1.)

Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019. History: (Acts 1993, No. 93-547, p. 901, §3.)

Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019. History: (Acts 1993, No. 93-547, p. 901, §4.)

Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019. History: (Acts 1993, No. 93-547, p. 901, §5.)

The trustees shall receive $100.00 per day and mileage expenses while attending meetings of the board of trustees or while engaged in other official duties at the request of the Governor or board of trustees. History: (Acts 1965, No. 881, p. 1649, §6; Acts 1984, No. 84-242, p. 36…

This article shall be known and may be cited as the Alabama Alzheimer’s and Dementia Education, Care, and Training Act. History: (Act 2019-453, §1; Act 2019-499, §1.)

The purposes of this article are: (1) To enable Alabamians with Alzheimer’s disease, dementia, or related diseases to live with dignity in their homes or community for as long as possible. (2) To develop services that follow individuals with Alzheimer’s disease, dementia, or rela…

(a) Subject to Section 22-50-84, the Department of Public Health may develop educational programs and services concerning Alzheimer’s disease, dementia, and related diseases. These programs and services shall be offered to individuals with Alzheimer’s disease, dementia, or relate…

The Department of Public Health may adopt rules to implement this article. History: (Act 2019-453, §4; Act 2019-499, §4.)

(a) The Legislature may appropriate funding to establish and implement the requirements of this article and to maintain the programs and services required by this article. (b) The Department of Public Health may implement the requirements of this article to the extent funding is …

The Department of Mental Health through its commissioner is hereby authorized to act in any prudent way to provide mental health services and mental retardation services for the people of Alabama. History: (Acts 1965, No. 881, p. 1649, §9; Acts 1984, No. 84-242, p. 365, §1.)

(a) When used in this article, the following words and terms shall have the following meanings: (1) CRIMINAL HISTORY BACKGROUND INFORMATION. Any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result o…

The Department of Mental Health shall promulgate administrative rules and procedures to carry out this article which do not infringe on the constitutional rights of any person affected by this article, including those necessary to safeguard the confidentiality of any criminal his…