Title 22 — Title 22

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All laws or parts of laws, local, special or general, in conflict with this chapter are hereby specifically repealed.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 REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018.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…

For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) CONSTRUCTION and CONSTRUCT. Such terms include: a. The construction of new buildings and the expansion, remodeling and alte…

The board of directors of the corporation shall appoint a professional advisory committee of three or more members, one of which must be a physician practicing in the area of the board’s jurisdiction. History: (Acts 1967, No. 310, p. 853, §9.)

Any corporation organized pursuant to the provisions of this chapter, is hereby authorized and empowered to exercise the following powers in addition to others granted in this chapter: (1) To construct and maintain facilities as defined in Section 22-51-4; (2) To cooperate and co…

Nothing in this chapter shall be construed to mean that the facilities and programs provided for in this chapter are to be under the direction or control of any person other than the board of directors appointed by the governing bodies, as provided in Section 22-51-8, as long as …

The corporations authorized in this chapter and their property, including bonds, conveyances, mortgages, leases, and deeds, and all income from such property and the operation of programs shall be exempt from all taxation, and no excise tax may be imposed on any corporation for t…

The governing bodies which are entitled to appoint a member of the board of directors are hereby authorized to appropriate their respective shares of the cost of construction of the facilities as determined upon by agreement between the board of directors and the respective gover…

(a) This section shall be construed to supersede any protections limiting damages described in Article 8 of Chapter 47 of Title 11, and Chapter 93 of Title 11, which may have been available to entities organized pursuant to this chapter. (b) When directors and employees of an ent…

By proceeding in the manner set forth in this chapter, any number of natural persons, not less than three, may form a public corporation to contract with the State Board of Health or the Alabama Department of Mental Health in constructing and operating facilities and in carrying …

The said natural persons, referred to in Section 22-51-2, shall file a written application with each governing body from which they desire authority to incorporate. Such applications shall: (1) Describe in general terms the area of the state which will be served by the proposed f…

Upon the adoption by each governing body to which an application was sent of a resolution approving the formation of the said corporation, the incorporators, or not less than three of them, shall proceed to complete the incorporation in the manner provided in this chapter. Histor…

The certificate of incorporation shall state: (1) The names of the persons forming it, together with their addresses, and that each is a resident of the area which will be served by the proposed corporation; (2) The name of the corporation; (3) The location of the principal offic…

A certificate of incorporation, in the form provided in Section 22-51-5, shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgments to deeds and shall have attached thereto a certified copy of each of the re…

The certificate of incorporation may be amended, from time to time, to provide for any objective that was not included in the original certificate of incorporation by proceeding as follows: (1) The board of directors of the corporation, subject to the approval of the Alabama Depa…

Compensation. (a)(1) Each corporation shall be governed by a board of directors of nine or more members, selected as provided in this section. Each governing body that authorized the formation of the corporation shall appoint three members of the board of directors; provided, tha…

The board of directors shall hold monthly meetings and special meetings as may be called, from time to time, on at least two days’ notice given by the chair or by any three members, with notice to be given to each member. If the board of directors exceeds 16 members, the executiv…

(a) When used in this article, the following terms have the following meanings, unless the context clearly indicates otherwise: (1) COMMISSIONER. The Commissioner of the Alabama State Department of Mental Health. (2) CO-OCCURRING SUBSTANCE USE DISORDER. A substance use disorder t…