Ala. Code § 22-21-240 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-240
Section 22-21-240 Establishment, Administration, Etc., of Trusts Authorized; Specification of Terms, Conditions and Provisions of Trusts
Status: in_force

There is hereby authorized the establishment, maintenance, administration and operation of any trust established by agreement of any hospitals or other health care units licensed as such by the State of Alabama (hereinafter referred to as “hospitals”) or by agreement of any dental practitioners licensed as such by the State of Alabama (hereinafter referred to as “dentists”) as grantors, with such hospitals and dentists as beneficiaries, for the purpose of insuring against general public liability claims based upon acts or omissions of such hospitals or dentists, including without limitation, claims based upon malpractice.

Such hospitals or dentists may, by trust agreement among themselves and a trustee or trustees of their selection, specify the terms, conditions and provisions of such a trust.
Ala. Code § 22-19-168 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-168
Section 22-19-168 Who May Make Anatomical Gift of Decedent’s Body or Part
Status: in_force

(a) Subject to subsections (b) and (c) and unless barred by Section 22-19-166 or 22-19-167, an anatomical gift of a decedent’s body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

(1) an agent of the decedent at the time of death who could have made an anatomical gift under Section 22-19-163(2) immediately before the decedent’s death;

(2) the spouse of the decedent;

(3) adult children of the decedent;

(4) parents of the decedent;

(5) adult siblings of the decedent;

(6) adult grandchildren of the decedent;

(7) grandparents of the decedent;

(8) an adult who exhibited special care and concern for the decedent;

(9) the persons who were acting as the guardians of the person of the decedent at the time of death; and

(10) any other person having the authority to dispose of the decedent’s body.

(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under Section 22-19-170 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent’s death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
Ala. Code § 22-13A-10 — Alabama Code / Title 1 / Chapter 13A / Section 22-13A-10
Section 22-13A-10 Implementation of Chapter Only to Extent Funds Made Available
Status: in_force

The provisions of this chapter shall be implemented only to the extent sufficient funds are made available for implementation and administration.
Ala. Code § 11-12-6 — Alabama Code / Title 1 / Chapter 12 / Section 11-12-6
Section 11-12-6 Verification of Claims by Executors, Trustees, Etc
Status: in_force

When a claim is filed by an executor, administrator, guardian, or trustee, it may be verified by the affidavit of such executor, administrator, guardian, or trustee that he believes the claim to be just, due, and unpaid.
Ala. Code § 22-19-161 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-161
Section 22-19-161 Definitions
Status: in_force

In this article:

(1) “Adult” means an individual who is at least 18 years of age.

(2) “Agent” means an individual:

(A) authorized to make health care decisions on the principal’s behalf by a power of attorney for health care; or

(B) expressly authorized to make an anatomical gift on the principal’s behalf by any other record signed by the principal.

(3) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education.

(4) “Coroner” means an elected or appointed official who determines, with the assistance of other forensic scientists and investigators, the cause, manner, and circumstances surrounding death.

(5) “Decedent” means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this article, a fetus.

(6) “Disinterested witness” means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under Section 22-19-170.

(7) “District attorney” means a constitutional officer elected by the qualified electors of those counties in each judicial circuit.

(8) “Document of gift” means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver’s license, identification card, or donor registry.

(9) “Donor” means an individual whose body or part is the subject of an anatomical gift.

(10) “Donor registry” means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(11) “Driver’s license” means a license or permit issued by the Alabama State Law Enforcement Agency to operate a vehicle, whether or not conditions are attached to the license or permit.

(12) “Eye bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(13) “Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(14) “Hospital” means a facility licensed, accredited, or approved as a hospital under the provisions of Article 2, Chapter 21, Title 22 or a facility operated as a hospital by the United States government.

(15) “Identification card” means an identification card issued by the Alabama State Law Enforcement Agency.

(16) “Know” means to have actual knowledge.

(17) “Local public health official” means a physician acting in the capacity as an area health officer, local health officer, or county health officer.

(18) “Medical examiner” means a licensed physician who determines the cause, manner, and circumstances surrounding death with other forensic scientists and investigators.

(19) “Minor” means an individual who is under 18 years of age.

(20) “Organ procurement organization” means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(21) “Parent” means a parent whose parental rights have not been terminated.

(22) “Part” means an organ, an eye, or tissue of a human being. The term does not include the whole body.

(23) “Pathologist” means a licensed physician who is certified in anatomic or anatomic and clinical pathology by the American Board of Pathology or employed by the Alabama Department of Forensic Sciences.

(24) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(25) “Physician” means an individual licensed by the Medical Licensure Commission of Alabama and authorized to practice medicine and surgery or osteopathy and surgery.

(26) “Procurement organizations” means an eye bank, organ procurement organization, and/or tissue bank.

(27) “Prospective donor” means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.

(28) “Reasonably available” means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(29) “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted.

(30) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(31) “Refusal” means a record created under Section 22-19-166 that expressly states an intent to bar other persons from making an anatomical gift of an individual’s body or part.

(32) “Sign” means, with the present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(33) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(34) “Surgeon’s assistant” means an individual licensed and certified as a surgeon’s assistant by the State Board of Medical Examiners to remove or process a part.

(35) “Technician” means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.

(36) “Tissue” means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.

(37) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(38) “Transplant hospital” means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.

(39) “Will” means a disposition of real and personal property to take effect after the death of a testator.
Ala. Code § 22-11A-7 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-7
Section 22-11A-7 Persons Having Notifiable Disease to Obey Directions of Health Officials
Status: in_force

Any person reported as having any of the notifiable diseases or health conditions designated by the State Board of Health shall conform to or obey the instructions or directions given or communicated to him by the county board of health, county health officer or his designee, or State Board of Health, State Health Officer, or his designee, to prevent the spread of the disease.
Ala. Code § 22-20A-6 — Alabama Code / Title 1 / Chapter 20A / Section 22-20A-6
Section 22-20A-6 Governmental Cooperation
Status: in_force

The board may cooperate with and enter into agreements with governmental agencies of this state or agencies of the federal government in order to carry out the purpose of this article.
Ala. Code § 22-19-56 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-56
Section 22-19-56 Persons Who May Become Donees; Purposes for Which Anatomical Gifts May Be Made
Status: reserved

Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
Ala. Code § 11-1-15 — Alabama Code / Title 1 / Chapter 1 / Section 11-1-15
Section 11-1-15 Authority to Join National and State Association of County Commissions
Status: in_force

(a) The county commission of each of the several counties of the state shall be authorized to join and to participate in a national and state association of county commissions organized for the purpose of promoting better county government, economy, efficiency in office, and representing the interests of the several counties before state departments, the state Legislature, and the United States Congress.

(b) The county commissions of the several counties shall be authorized to appropriate for the maintenance and support of such associations such sums as it may deem necessary and appropriate.
Ala. Code § 11-32-28 — Alabama Code / Title 1 / Chapter 32 / Section 11-32-28
Section 11-32-28 Certification of Routes
Status: in_force

On or prior to the beginning of the fourth month before the start of each fiscal year, the principal municipality and each municipality in the authorizing county which elects to be served by the authority shall certify in writing to the authority the routes to be operated in the municipality during the forthcoming fiscal year and agree to make the payments to the authority provided in Section 11-32-29. The routes that are certified shall constitute the routes to be operated by the authority in the municipality during the forthcoming fiscal year, subject to equipment availability and to the adjustments as reasonably deemed necessary by the authority in order to provide for the efficient operation of transit service in the municipality and in the authorizing county as a whole. Any change in the routes during the fiscal year shall be undertaken only with the approval of the municipality, except the authority may suspend, reduce, or terminate the route, routes, or services within a municipality without the approval of the municipality if the municipality fails timely to pay for the services.
Ala. Code § 22-8A-1 — Alabama Code / Title 1 / Chapter 8A / Section 22-8A-1
Section 22-8A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Natural Death Act.”
Ala. Code § 22-18-60 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-60
Section 22-18-60 Definitions. (Amended by Act 2026-520)
Status: in_force

AMENDED BY ACT 2026-520, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

For the purposes of this article, the following terms shall have the following meanings:

(1) ACCS. The Alabama Community College System.

(2) AMBULANCE SERVICE. An ambulance service located in this state which is a member of the Alabama Association of Ambulance Services.

(3) ASSOCIATIONS. The Alabama Association of Rescue Squads, the Alabama Association of Volunteer Fire Departments, or the Alabama Association of Ambulance Services.

(4) EMERGENCY MEDICAL SERVICE PERSONNEL (EMSP). All recognized levels of personnel licensed by the Alabama Department of Public Health, who have met all primary or renewal educational requirements, or both, set by the Alabama Department of Public Health, and who are allowed to provide medical care within the level of their scope of practice granted by the Office of Emergency Medical Services within the Alabama Department of Public Health.

(5) FIRE COLLEGE. The Alabama Fire College.

(6) STUDENT. A student enrolled in an emergency medical services certification program at a member institution of the ACCS, the fire college, or the University of South Alabama.

(7) TUITION COSTS. Includes the actual cost of tuition and fees required to complete an approved course of instruction for EMSP certification, as determined by each eligible educational institution.

(8) VOLUNTEER RESCUE SQUAD. A volunteer rescue squad located in this state and is a member of the Alabama Association of Rescue Squads.

(9) VOLUNTEER FIRE DEPARTMENT. A volunteer fire department located in this state.
Ala. Code § 22-30B-17 — Alabama Code / Title 1 / Chapter 30B / Section 22-30B-17
Section 22-30B-17 Cooperation with County Officials; Promulgation of Rules and Regulations
Status: in_force

The Commissioner of Revenue shall fully cooperate with county officials for the successful administration of the county fee levied in Section 22-30B-4 and have the authority to develop and promulgate reasonable rules and regulations as needed to administer the provisions of this chapter.
Ala. Code § 22-13A-5 — Alabama Code / Title 1 / Chapter 13A / Section 22-13A-5
Section 22-13A-5 Needs Assessment; List of Services and Providers
Status: in_force

(a) The department shall conduct a needs assessment to identify any or all of the following:

(1) Research being conducted within the state.

(2) Available technical assistance and educational materials and programs nationwide.

(3) The level of public and professional awareness about osteoporosis.

(4) The needs of osteoporosis patients, their families, and caregivers.

(5) Needs of health care providers, including physicians, nurses, managed care organizations, and other health care providers.

(6) The services available to the osteoporosis patient.

(7) Existence of osteoporosis treatment programs.

(8) Existence of osteoporosis support groups.

(9) Existence of rehabilitation services.

(10) The number and location of bone density testing equipment.

(b) Based on the needs assessment, the department shall develop and maintain a list of osteoporosis-related services and osteoporosis health care providers with specialization in services to prevent, diagnose, and treat osteoporosis. The list shall be disseminated with a description of diagnostic testing procedures, appropriate indications for their use, drug therapies currently approved by the United States Food and Drug Administration, and a cautionary statement about the current status of osteoporosis research, prevention, and treatment. Such a statement shall also indicate that the department does not license, certify, or in any way approve osteoporosis programs or centers in the state.
Ala. Code § 22-32-4 — Alabama Code / Title 1 / Chapter 32 / Section 22-32-4
Section 22-32-4 Authorization to Operate Site; Users’ Charges; Lease or Contract for Operation and Disposal of Low-Level Radioactive Wastes
Status: in_force

(a) The Alabama Department of Energy is authorized to operate a treatment, storage or disposal site for low-level radioactive wastes pursuant to any license issued by the Radiation Control Agency.

The Alabama Department of Energy is authorized to charge each user of any licensed site within the state that user’s proportionate share of the costs for handling of the wastes. These costs shall be paid on the basis of a fee per volume of wastes received at each site. Such fee shall be paid to the Department of Energy and may include, but not be limited to costs of:

(1) Operating fund (as hereinafter provided for), including: labor and equipment, liability insurance, contingency costs, licensing and inspection fees of the Radiation Control Agency for operation of the site;

(2) Perpetual cost fund costs (as hereinafter provided for);

(3) Operating fund (as hereinafter provided for);

(4) State and county royalty fees (as hereinafter provided for); and

(5) Fees due for the Southeast Low-Level Radioactive Waste Management Commission.

If the department should collect more funds than costs, it may reduce the charges for the next year. The Department of Energy may not conduct any operations except in compliance with Title 22, Chapter 14.

(b) The Alabama Department of Energy may lease and/or contract with any qualified person to operate and dispose of low-level radioactive wastes on land owned by the Department of Energy and if appropriate, using equipment owned by the Alabama Department of Energy. Any lease and/or contract shall provide for the payment of the Alabama Department of Energy for at least the following: state and county royalty fees as hereinafter provided for, and a perpetual care fund hereinafter provided for. Further, the lease or contract shall provide for payment or establishment of the following: all licensing and inspection fees due the radiation control agency, a faithful performance bond in the amount of $2,000,000.00 to assure that adequate funds are available to close the site should the operator prematurely cease activities, 10 cents per cubic foot for the Alabama Department of Energy’s administrative costs, a surety bond, liability insurance, and any fees due to the Southeast Low-Level Radioactive Waste Management Commission. No contract and/or lease shall authorize the disposal of radioactive material until a license authorizing such is issued by the Radiation Control Agency to the contractor-leasor. Any contract or lease shall require the contractor-leasor to comply with the requirements of Title 22, Chapter 14.
Ala. Code § 22-19-46 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-46
Section 22-19-46 Amendment or Revocation of Gift
Status: in_force

(a) If the will, card or other document, or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by:

(1) The execution and delivery to the donee of a signed statement;

(2) An oral statement made in the presence of two persons and communicated to the donee;

(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or

(4) A signed card or document found on his person or in his effects.

(b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (a) of this section or by destruction, cancellation or mutilation of the document and all executed copies thereof.

(c) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
Ala. Code § 22-17A-2 — Alabama Code / Title 1 / Chapter 17A / Section 22-17A-2
Section 22-17A-2 Parental Consent Required for Minors; Intoxicated, Etc., Individuals
Status: in_force

(a) An individual shall not tattoo, brand, or perform body piercing on another individual or a minor unless the individual obtains the prior written informed consent of the parent or legal guardian of the minor. The parent or legal guardian of the minor shall execute the written informed consent required under this subsection in the presence of the individual performing the tattooing, branding, or body piercing on the minor or in the presence of an employee or agent of that individual.

(b) A person shall not tattoo, brand, or perform body piercing on another individual if the other individual is under the influence of intoxicating liquor or a controlled substance.
Ala. Code § 22-18-1 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-1
Section 22-18-1 Definitions
Status: in_force

For the purposes of this article, the following terms have the meanings respectively ascribed to them by this section:

(1) ADVANCED EMERGENCY MEDICAL TECHNICIAN. Any individual who is an emergency medical services personnel, is 18 years of age or older, and who satisfies all of the following:

a. Has successfully completed the advanced emergency medical technician course of instruction, or its equivalent, as approved by the board.

b. Has passed the state Advanced EMT examination, as well as having met the requirements for becoming a licensed emergency medical technician.

c. Has been granted a license by the board.

(2) ADVANCED LIFE SUPPORT (ALS). The treatment of potentially life-threatening medical emergencies through the use of invasive medical techniques specified as advanced life support techniques by the board, which ordinarily would be performed or provided by licensed physicians, but which may be performed by emergency medical service personnel during emergencies under constraints specified by rule of the board.

(3) AIR AMBULANCE. An aircraft that is intended to be used for and is maintained or operated for transportation to a medical care facility of persons who are sick or injured. For the purposes of this chapter, fixed-wing aircraft that do not conduct scene flights shall not be considered air ambulances.

(4) BASIC LIFE SUPPORT (BLS). Prehospital care involving non-invasive life support measures as specified by the board.

(5) BOARD or BOARD OF HEALTH. The State Board of Health.

(6) COMMUNITY PARAMEDIC. An individual who is an emergency medical services personnel, is 18 years of age or older, and who satisfies all of the following:

a. Is currently licensed as a paramedic.

b. Has at least two years of full-time service as a paramedic.

c. Has successfully completed a community paramedic training program and obtained a postsecondary or equivalent award from a paramedic course of instruction approved by the board.

d. Has passed the state community paramedic examination and has met the requirements for becoming a licensed community paramedic.

e. Has been granted a license by the board.

(7) COMMUNITY PARAMEDICINE PROGRAM. The provision of episodic care, patient evaluation, advice, and treatment directed at preventing or improving a particular medical condition, within the scope of practice of the emergency medical services personnel.

(8) DEFINITIVE CARE FACILITY. A facility that has the capability to render care to conclusively manage a patient’s current medical condition. The term includes, but is not limited to, urgent care facilities, family practice facilities, doctor’s offices, and emergency departments.

(9) DEPARTMENT. The Alabama Department of Public Health.

(10) EMERGENCY MEDICAL SERVICES (EMS). A system of coordinated medical assistance and care provided by emergency medical services personnel, including:

a. The transportation and medical care provided to sick or injured individuals before arrival at a definitive care facility.

b. Continuation of care within a definitive care facility subject to the approval from that facility.

c. Integrated medical care with the oversight of a medical director.

(11) EMERGENCY MEDICAL SERVICES PERSONNEL (EMSP). The collective term used to refer to all recognized National Highway Traffic Safety Administration levels of personnel licensed by the board, who have met all primary and renewal educational requirements, and who provide emergency or non-emergency medical services within the level of their scope of practice and in accordance with the applicable EMS Patient Care Protocols.

(12) EMERGENCY MEDICAL TECHNICIAN (EMT). An individual who is an emergency medical services personnel, is 18 years of age or older, and who satisfies all of the following:

a. Has successfully completed the basic emergency medical technician course of instruction, or its equivalent, as approved by the board.

b. Has passed the state EMT examination.

c. Has been granted a license by the board.

(13) EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE. An individual who is an emergency medical services personnel, is 18 years of age or older, and who, prior to December 31, 2002, satisfied all of the following:

a. Successfully completed the intermediate emergency medical technician course of instruction, or its equivalent, as approved by the board.

b. Passed the state EMT Intermediate examination and has met the requirements for becoming a licensed emergency medical technician.

c. Was granted a license by the board.

(14) GROUND AMBULANCE. A motor vehicle that is intended to be used for and is maintained or operated for transportation to a medical care facility of individuals who are sick or injured.

(15) NON-TRANSPORT VEHICLE. A vehicle operated with the intent to provide BLS or ALS stabilization on scene, but not intended to transport a patient to a medical care facility.

(16) PARAMEDIC. Any individual who is an emergency medical services personnel, is 18 years of age or older, and who has successfully completed the paramedic course of instruction, or its equivalent, as approved by the board, and passed the state paramedic examination, and who has been granted a license by the board. The board may not require a college degree for licensure as a community paramedic.

(17) PATIENT. An individual who receives or requests medical care, or for whom medical care is requested, because the individual is sick or injured.

(18) PHYSICIAN. An individual licensed to practice medicine or osteopathy by the Medical Licensure Commission of Alabama.

(19) PROGRAM MEDICAL DIRECTOR. A physician who has completed the approved EMS Medical Director course and provides medical direction and oversight to emergency medical services personnel.

(20) PROVIDER SERVICE. An organization, whether public or private, which provides transport or non-transport emergency medical services.

(21) SCENE FLIGHT. The flight of an air ambulance to the physical location of a sick or injured individual.

(22) TRANSPORT VEHICLE. An air or ground ambulance.
Ala. Code § 22-19-2 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-2
Section 22-19-2 Body Removed from State to Be Embalmed or Cremated; Exception
Status: in_force

It shall be unlawful for any person, firm or corporation to take, carry, transport or remove from within the confines of this state any dead human body unless said body has been embalmed or cremated. Any person, firm or corporation who violates this section shall be guilty of a misdemeanor and shall be, upon conviction, punished as prescribed by law. Nothing in this section, however, shall be construed to prohibit exportation of an unembalmed dead human body which has been disposed of for the purpose of advancement of medical science, or for the replacement of diseased or worn out parts of other humans or for the rehabilitation of human parts or other organs, in accordance with the provisions of Article 3 of this chapter.
Ala. Code § 22-21B-5 — Alabama Code / Title 1 / Chapter 21B / Section 22-21B-5
Section 22-21B-5 Injunctive Relief
Status: in_force

(a) An action for injunctive relief may be brought for the violation of any provision of this chapter.

(b) The court in such action may award injunctive relief, including ordering reinstatement of a health care provider to his or her prior job position, back pay, and costs of the action.
Ala. Code § 11-2-1 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-1
Section 11-2-1 Bonds Requirements
Status: in_force

(a) For the purposes of this chapter, the following words have the following meanings:

(1) COUNTY EMPLOYEE. An employee or clerk, deputy, or employee in any county office, but shall not mean an employee of the county board of education.

(2) COUNTY OFFICIAL or COUNTY OFFICER. A county commissioner, county taxing official, judge of probate, sheriff, coroner, or constable.

(3) COUNTY TAXING OFFICIAL. A tax assessor, tax collector, revenue commissioner, license commissioner, or other person charged by law in a county with the assessing or collecting of taxes.

(b) All county officials of all counties in this state and any county employee designated by law or the county commission shall be required to execute official bonds for the faithful performance of their duties and such additional official bonds as from time to time the public interest may demand and as may be required by the provisions of law. Except for a local taxing official executing bond pursuant to Section 40-4-1 or 40-5-3, any official bond executed on behalf of a county official or county employee on and after May 22, 2009, shall be made payable to the county treasury.

(c)(1) In addition to the foregoing, the county commission may require any person appointed by the county commission to serve as director or member of any public board or commission to execute an official bond for the faithful performance of his or her duties on the public board or commission, which bond shall be in an amount set by the county commission and made payable to the board or commission upon which the person will serve.

(2) The governing body of any public board or commission created by the county commission may require an official bond for the faithful performance of his or her duties from any person employed by the public board or commission, which bond shall be set by the governing body of the board or commission and payable to the board or commission employing the person.

(d) Any official bond executed under this section shall be obligatory on the principal and sureties for any of the grounds set out in Section 36-5-18, and in the event of forfeiture, the proceeds shall be distributed to the state or county fund or funds entitled to payment or reimbursement as a result of the breach of office. Payment shall be made to each eligible entity in proportion to the loss of or reduction in public funds caused by the breach of office resulting in the forfeiture.
Ala. Code § 11-4-27 — Alabama Code / Title 1 / Chapter 4 / Section 11-4-27
Section 11-4-27 Books
Status: in_force

The books of the county treasurer are to be provided at the expense of the county.
Ala. Code § 22-21-431 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-431
Section 22-21-431 Legislative Findings
Status: reserved

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023.(a) The Legislature finds that it is in the best interest of the residents of Alabama to continue to have access to their loved ones receiving acute care or residing in long-term care facilities during a public health emergency and that companionship with one’s loved ones during that time can provide support and peace of mind that positively impacts the healing process.

(b) The Legislature also finds that Representative Debbie Wood, whose mother, Peggy Hamby, succumbed to COVID-19, is forever remembered by the Alabama Legislature in the spirit of this bill. This bill represents Mrs. Hamby and the countless Alabamians who tragically lost relatives and loved ones during the COVID-19 pandemic.
Ala. Code § 22-30F-3 — Alabama Code / Title 1 / Chapter 30F / Section 22-30F-3
Section 22-30F-3 Definitions
Status: in_force

The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise:

(1) AUTHORITY. The corporation organized pursuant to this chapter as a public corporation, agency, and instrumentality of the state and known as the “Alabama Land Recycling Finance Authority.”

(2) AUTHORIZING RESOLUTION. A resolution, order, or other proceedings adopted by the board of directors of the authority authorizing the issuance of agreements and related matters.

(3) BOARD OF DIRECTORS. The board of directors of the authority.

(4) DEPARTMENT. The Alabama Department of Environmental Management or any successor.

(5) ELIGIBLE PROPERTY. Property which qualifies under Section 22-30E-6 for participation in the voluntary cleanup program established pursuant to Chapter 30E of this title, and which is owned and operated by an applicant or applicants which qualifies for the limitation of liability as described in subsection (a) of Section 22-30E-8.

(6) GOVERNMENT SECURITIES. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon.

(7) PERMITTED INVESTMENTS. The term includes each of the following:

a. Government securities.

b. Bonds, debentures, notes, or other evidences of indebtedness issued by any of the following agencies, to the extent that such obligations are secured by the full faith and credit of the United States of America: Bank for cooperatives; federal intermediate credit banks; federal financing bank; federal home loan banks; federal farm credit bank; export-import bank of the United States; federal land banks; or Farmers Home Administration, or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof, the bonds, debentures, participation certificates or notes of which are unconditionally guaranteed by the United States of America.

c. Bonds, notes, pass through securities or other evidences of indebtedness of the Government National Mortgage Association and participation certificates of the Federal Home Loan Mortgage Corporation.

d. Full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard & Poor’s Ratings Services and at least “Aa” by Moody’s Investors Service, Inc.

e. Time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, provided that, to the extent such time deposits exceed available federal deposit insurance, such time deposits are fully secured by obligations described in paragraphs a., b., and c., which at all times have a market value, exclusive of accrued interest, at least equal to such bank time deposits so secured, including interest.

f. Repurchase agreements for obligations of the type specified in paragraphs a., b., and c., provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value, exclusive of accrued interest, at least equal to the purchase price of such repurchase agreements and which are held by a depository satisfactory to the authority in such manner as may be required to provide a perfected security interest in such obligations, and are 100 percent collateralized.

g. Uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Ratings Services and at least “Aa3” by Moody’s Investors Service, Inc.

(8) PROJECT. Projects eligible for assistance from the revolving loan fund as certified to the authority by the department, including, without limitation, the following:

a. Assessment and investigation of eligible properties pursuant to subsection (b) of Section 22-30E-9.

b. Cleanup of eligible property pursuant to subsection (c) of Section 22-30E-9.

c. Any expenditure of a type or category determined by the authority or the department to be of such nature as will facilitate the timely assessment, cleanup, and subsequent redevelopment and return to productive use of an eligible property.

(9) PUBLIC BODY. Includes each county, state agency, incorporated city or town, public corporation, district, cooperative, association, authority, or any instrumentality thereof created by or pursuant to state law, including also a combination of two or more of the foregoing.

(10) REVOLVING LOAN FUND. The fund created by Section 22-30F-4.
Ala. Code § 22-11C-12 — Alabama Code / Title 1 / Chapter 11C / Section 22-11C-12
Section 22-11C-12 Liability Under Chapter
Status: in_force

(a) No person shall have any claim or cause of action against the State of Alabama, or its political subdivisions, or any individual arising out of any acts or omissions which occurred under the provisions of this chapter, if the state, political subdivisions, or individual is in compliance with this chapter.

(b) No person shall have any claim or cause of action against any person, or the employer or employee of any person, who participates in good faith in the reporting or receiving, or both, of head or spinal cord registry data or data for head or spinal cord injury morbidity or mortality studies in accordance with this chapter.

(c) No license of a health care facility or health care provider may be denied, suspended, or revoked for the good faith disclosure of confidential or privileged information in the reporting of head or spinal cord injury registry data or data for head or spinal cord injury morbidity or mortality studies in accordance with this chapter.

(d) No license of a health care facility or health care provider may be denied, suspended, or revoked for the failure to disclose confidential or privileged information in the reporting of head or spinal cord injury registry data or data for head or spinal cord injury morbidity or mortality studies.

(e) Nothing in this chapter shall be construed to apply to the authorized disclosure of confidential or privileged information when that disclosure is due to gross negligence or wanton or willful misconduct.
Ala. Code § 22-40A-12 — Alabama Code / Title 1 / Chapter 40A / Section 22-40A-12
Section 22-40A-12 Delegation Agreements; County Responsibilities; Violations and Penalties
Status: in_force

(a) County commissions or the governing body of any Class 2 municipality may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by rule the procedures for delegation. A county or a Class 2 municipality that voluntarily establishes a delegation agreement with the department for local enforcement shall have all of the following responsibilities:

(1) Provide quarterly reports to the department on all scrap tire activities within that quarter on a form prepared and provided by the department.

(2) Provide a written investigation report to the department within 10 days of an initial investigation.

(3) Investigate all reports and complaints regarding scrap tires within the respective county or Class 2 municipality.

(4) Investigate illegal dumping of scrap tires.

(5) Review manifests of scrap tires at businesses.

(b) Notwithstanding any other provision of law, in a Class 2 municipality, the municipal court shall have jurisdiction over violations of this chapter.

(c) In any Class 2 municipality, in lieu of the penalties provided in Section 22-40A-19, the following penalties shall apply:

(1) A person who accumulates scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(1), upon conviction, shall be guilty of a Class C misdemeanor.

(2) A person who processes scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(2), upon conviction, shall be guilty of a Class B misdemeanor.

(3) A person who transports scrap tires in violation of this chapter as provided in Section 22-40A-19(a)(3), upon conviction, shall be guilty of a Class A misdemeanor.
Ala. Code § 22-26-4 — Alabama Code / Title 1 / Chapter 26 / Section 22-26-4
Section 22-26-4 Permits for Installation of Plumbing Within Police Jurisdiction of Municipal Corporations
Status: in_force

The issuance of permits for the installation of plumbing within structures located within the police jurisdiction of municipal corporations, and the inspection and approval of same, shall be functions of municipal corporations.
Ala. Code § 11-7-10 — Alabama Code / Title 1 / Chapter 7 / Section 11-7-10
Section 11-7-10 Rights as to Fences or Buildings Not Lost by Straightening or Location of Section, Etc., Lines
Status: in_force

When a survey of land is made by a county surveyor for the purposes of straightening or locating section or other lines, the owners of the fences or buildings erected on or near the original or supposed lines shall not lose their right to the same when the survey places the fences or buildings upon the lands of others.
Ala. Code § 11-1-3 — Alabama Code / Title 1 / Chapter 1 / Section 11-1-3
Section 11-1-3 Jurisdiction Over Navigable Streams Not Within Limits of Any County; Execution of Process on Said Streams
Status: in_force

The jurisdiction over navigable streams not included within the limits of any county belongs to the county or counties whose jurisdiction extends to the margin thereof, and all process may be executed on such streams by officers of either county.
Ala. Code § 22-11A-115 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-115
Section 22-11A-115 Submission of First Report
Status: in_force

Within one year of the certification by the department, health care facilities shall make the first report due under this article. The board shall specify by rule the types of information on patients with health care facility acquired infections which shall be submitted and the method of submission. The first report due under this article submitted by health care facilities shall only be required to cover those persons provided services during the immediately preceding three months’ time period.
Ala. Code § 22-21-154 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-154
Section 22-21-154 Dissolution
Status: in_force

At any time when the authority does not have any bonds outstanding, the board may adopt a resolution, which shall be duly entered upon its minutes, declaring that the authority shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county, the authority shall, thereupon, stand dissolved, and in the event that it owned any assets or property at the time of its dissolution, the title to all its assets and property shall thereupon vest in the municipality. In the event the authority shall at any time have outstanding bonds issued under this article payable out of the revenues of different projects, then as and when the principal of and interest on all bonds payable from the revenues derived from any project shall have been paid in full, title to the project, with respect to which the bonds so paid in full have been paid, shall thereupon vest in the municipality, but such vesting of title in the municipality shall not affect the title of the authority to any other project the revenues from which are pledged to the payment of any other bonds then outstanding. The formation of one or more public corporations under the provisions of this article shall not prevent the subsequent formation under this article of other public corporations pursuant to permission granted by the same municipality.
Ala. Code § 11-25-4 — Alabama Code / Title 1 / Chapter 25 / Section 11-25-4
Section 11-25-4 Municipalities Authorized to Appropriate Funds or Property
Status: in_force

Municipal governing bodies may appropriate funds or property to the county law libraries in consideration of said libraries making their facilities and holdings available to the citizens of the municipalities.
Ala. Code § 11-14-17 — Alabama Code / Title 1 / Chapter 14 / Section 11-14-17
Section 11-14-17 Levy of Special Taxes
Status: in_force

In all cases in which the county commission is directed or empowered to levy a special tax for county purposes, such levy shall be made by the county commission itself upon the assessment last made for state taxes.
Ala. Code § 22-23A-17 — Alabama Code / Title 1 / Chapter 23A / Section 22-23A-17
Section 22-23A-17 Bonds, Notes and Certificates Not Debt of State
Status: in_force

All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees or charges which may pursuant to the provisions of this chapter, be pledged to the payment thereof, and no such bonds, notes or certificates shall create an obligation or debt of the state.
Ala. Code § 11-2-23 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-23
Section 11-2-23 Requirement of Additional Bonds for County Officers Whose Terms Extended - Form and Contents of Requisition for County Officer’s Bond; Service of Same
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 22-21-266 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-266
Section 22-21-266 Certificates of Need - Required Findings for Inpatient Facilities
Status: in_force

No certificate of need for new inpatient facilities or services shall be issued unless the SHPDA makes each of the following findings:

(1) That the proposed facility or service is consistent with the latest approved revision of the appropriate state plan effective at the time the application was received by the state agency;

(2) That less costly, more efficient or more appropriate alternatives to such inpatient service are not available, and that the development of such alternatives has been studied and found not practicable;

(3) That existing inpatient facilities providing inpatient services similar to those proposed are being used in an appropriate and efficient manner consistent with community demands for services;

(4) That in the case of new construction, alternatives to new construction (e.g., modernization and sharing arrangement) have been considered and have been implemented to the maximum extent practicable; and

(5) That patients will experience serious problems in obtaining inpatient care of the type proposed in the absence of the proposed new service.
Ala. Code § 11-22-8 — Alabama Code / Title 1 / Chapter 22 / Section 11-22-8
Section 11-22-8 Powers Generally; Projects Partially Within County
Status: in_force

(a) The corporation shall have the following powers together with all powers incidental thereto or necessary for the performance of those hereinafter stated:

(1) To have succession by its corporate name for the period specified in the certificate of incorporation unless sooner dissolved as hereinafter provided;

(2) To sue and be sued and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties;

(3) To have and to use a corporate seal and to alter the same at pleasure;

(4) To acquire, whether by purchase, construction, exchange, gift, lease, or otherwise, to improve, maintain, equip, furnish, own, and operate one or more projects, including all real and personal properties which the board of directors of the corporation may deem necessary in connection therewith and regardless of whether or not any such projects or any part thereof shall then be in existence;

(5) To fix, prescribe and collect rates, fees, tolls, charges, or rentals for the use of any of its facilities and for services, facilities, and accommodations furnished by it or any of its facilities;

(6) To adopt and enforce rules and regulations relative to the use or occupancy of any of its facilities or services;

(7) To promote, sponsor, and operate tournaments, shows, exhibitions, exhibits, athletic events, and educational, cultural, recreational, amusement and other activities;

(8) To sell, exchange, and convey, to contract to sell, exchange, and convey and to grant options to acquire any or all of its properties whenever its board of directors shall find any such action to be in furtherance of the purposes for which the corporation was organized;

(9) To lease to others for a period not to exceed 40 years any or all of its projects or any part thereof, including public accommodation facilities and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof;

(10) To grant privileges, licenses, concessions, or permits for the operation of any of its public accommodation facilities;

(11) To lease land to others for a period not to exceed 40 years, or to grant to others privileges, licenses, or permits for the use of land for the construction and operation of public accommodation facilities and to authorize such lessees or grantees to mortgage their interest, rights, and properties to finance the construction, enlargement, and improvement of such public accommodation facilities;

(12) To issue its bonds for the purpose of carrying out any of its powers;

(13) As security for the payment of the principal of and interest on any bonds so issued and any agreements made in connection therewith, to mortgage and pledge any or all of its projects or any part or parts thereof, whether then owned or thereafter acquired, and to pledge the revenues and receipts therefrom or from any thereof;

(14) To assume obligations secured by a lien on, or payable out of or secured by a pledge of, the revenues and receipts from any or all of its projects, or any part thereof that may be acquired, and obligation so assumed to be payable solely out of the revenues and receipts from any or all of its projects, or part thereof;

(15) To appoint, employ, contract with, and provide for the compensation of such officers, employees, and agents, including but without limitation engineers, attorneys, architects, construction contractors, management consultants, and fiscal advisers as its business may require;

(16) To provide for such insurance as the board of directors may deem advisable;

(17) To cooperate with the United States of America, any agency or instrumentality thereof, the state, any municipality, county, public corporation, or other public entity in the state, any person or any combination of any of the foregoing;

(18) To enter into a management agreement or agreements with any person or corporation for the management of any or all of its projects or part thereof; and

(19) To accept gifts, grants, bequests, and devises.

(b) Any project or projects of the corporation may be located within or partially within and partially without the county, subject to the following conditions:

(1) No part of a project shall be located more than 30 miles outside the boundaries of the county;

(2) In no event shall any project or part thereof be located within the corporate limits of a municipality unless the governing body of such municipality has first adopted a resolution consenting to the location of such project or part thereof in such municipality; and

(3) No such project or part thereof shall be located in a county other than the county which authorized the formation of the corporation unless the governing body of such other county has first adopted a resolution consenting to the location of such project or part thereof in such county.
Ala. Code § 22-11A-10 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-10
Section 22-11A-10 State Board of Health to Investigate Reported Cases of Tuberculosis; Voluntary Treatment; Probate Court May Order Compulsory Treatment and Quarantine; Cost of Treatment; Exercise of Religious Freedom
Status: in_force

Whenever the State Board of Health or its authorized representative shall discover, as a result of its own investigation or as a result of any report required by this article, that any person may be afflicted with tuberculosis, the State Board of Health, through its authorized representative, shall investigate or further investigate the circumstances and, if after investigation, the representative of the State Board of Health is of the opinion that an active case of tuberculosis is found, he shall encourage the person infected to take voluntary treatment to meet the minimum requirements prescribed by the State Board of Health. If such afflicted person refuses voluntary treatment, than the state board of health, through its authorized representative, may petition the probate court to order commitment of the afflicted person for compulsory treatment and quarantine as further provided in this article. The compulsory treatment and quarantine shall be at a facility designated by the State Board of Health as a Tuberculosis Recalcitrant Treatment Center. The afflicted person shall be committed until, in the opinion of the attending physician, the afflicted person’s tuberculosis is cured or said person is no longer a threat to public health. The court issuing a commitment order under this article shall retain jurisdiction of the afflicted person and may recommit said person if having been discharged, said person fails to complete the prescribed course of outpatient treatment. The cost of compulsory treatment care and maintenance of persons committed to a contract tuberculosis hospital under the provisions of this article shall be provided for by the state from any funds appropriated for the care and treatment of tuberculosis patients in a manner determined by the State Board of Health. Any funds appropriated to pay the state allocation provided for in Section 22-11A-12 may be spent for such purpose on requisitions signed by the State Health Officer. Nothing in this section shall be construed to authorize or empower the medical treatment of any person who desires treatment by prayer or spiritual means, in the exercise of religious freedom; provided, however, that such person shall be quarantined or isolated, or both, and while so quarantined or so isolated, or both, shall comply with all applicable sanitary rules, laws, and regulations.
Ala. Code § 22-23-32 — Alabama Code / Title 1 / Chapter 23 / Section 22-23-32
Section 22-23-32 Regulatory Authority of Board Over Water Supplies
Status: in_force

The board has regulatory authority over all public water systems in the state insofar as purity, potability, wholesomeness and physical quality of water which may affect the public health, comfort or well-being and shall, from time to time, examine, investigate and monitor the sources of public water supplies, the method of protecting groundwater supplies and the method of filtering, treating, storing and delivering water to consumers. The board shall consult with and advise suppliers of water or persons intending to become suppliers of water as to the best source of water and the best method of assuring its purity.
Ala. Code § 22-36-5 — Alabama Code / Title 1 / Chapter 36 / Section 22-36-5
Section 22-36-5 Tank Regulation Fee
Status: in_force

To provide revenue for regulation, the department shall, beginning October 1, 1988, collect a tank regulation fee of not less than $15.00 and not more than $30.00 per regulated tank per year. This fee shall be collected in lieu of a permit or certification fee as provided by Section 22-22A-5.
Ala. Code § 22-13-71 — Alabama Code / Title 1 / Chapter 13 / Section 22-13-71
Section 22-13-71 Mammography Results, Notification Requirements; Dense Breast Tissue
Status: in_force

(a) If the mammogram of a patient demonstrates dense breast tissue, the physician issuing the report of the mammography results shall provide notification to the patient that includes, but is not limited to, the following statement:

“Your mammogram shows that your breast tissue is dense. Dense breast tissue is very common and is not abnormal. However, dense breast tissue may make it harder to find cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information about the result of your mammogram is given to you to raise your awareness. Use this information to talk to your doctor about your own risks for breast cancer. At that time, ask your doctor if more screening tests might be useful, based on your risk. A report of your results was sent to your physician.”

(b) For the purposes of this section, dense breast tissue means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening including, but not limited to, the breast imaging reporting and data system of the American College of Radiology, and any equivalent new terms, as such guidelines or systems are updated.
Ala. Code § 11-3-12 — Alabama Code / Title 1 / Chapter 3 / Section 11-3-12
Section 11-3-12 Designation of Courthouse Offices for Installation of Telephones
Status: in_force

The county commission may designate which offices in the courthouse may have telephones installed therein.
Ala. Code § 11-11A-3 — Alabama Code / Title 1 / Chapter 11A / Section 11-11A-3
Section 11-11A-3 Issuance of Refunding Warrants
Status: in_force

Any county in the state of Alabama may from time to time authorize, sell and issue refunding warrants for the purpose of refunding any outstanding warrants theretofore issued under the provisions of this chapter (whether or not the principal of the outstanding warrants to be refunded shall have matured at the time of the issuance of the refunding warrants). Refunding warrants may not, however, be issued in a principal amount that will result in the principal proceeds to be derived by the issuing county therefrom exceeding the sum of (a) the outstanding principal of the warrants being refunded, (b) the interest thereon accrued to the date of issuance of such refunding warrants, (c) the interest to accrue on such outstanding warrants to their respective maturities or to the earliest date on which they may, under their terms, be redeemed (whichever is earlier), (d) any premium necessary to redeem or retire the outstanding warrants being refunded, and (e) the expenses estimated to be incurred by the issuing county in connection with the sale and issuance of such refunding warrants. Warrants may also be issued under the provisions of this chapter for the combined purpose of so refunding any such outstanding warrants and financing the costs of erecting necessary public buildings, bridges and roads, in which event those provisions of this section relating to refunding warrants shall apply to that portion of such combined issue being issued for refunding purposes. All the provisions of this chapter relating to warrants issued to finance the costs of erecting necessary public buildings, bridges or roads shall be applicable to warrants issued solely or partly for refunding purposes.
Ala. Code § 11-21-2 — Alabama Code / Title 1 / Chapter 21 / Section 11-21-2
Section 11-21-2 Power of Municipalities to Sell
Status: in_force

Any municipality in the state shall have the power and authority to sell, convey, and transfer any waterworks plant or water distribution system, or both, owned by it to the county in which the municipality is located, upon such consideration as may be agreed upon, including the assumption of any indebtedness connected with any such system.
Ala. Code § 11-2-25 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-25
Section 11-2-25 Requirement of Additional Bonds for County Officers Whose Terms Extended - Failure of Officer to File Bond Within Prescribed Time After Approval
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 22-21-104 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-104
Section 22-21-104 Special County Tax - Validation of Elections - Counties with Population Less Than 50,000
Status: in_force

Every election heretofore held in any county in this state, which has a population of less than 50,000, according to the last federal decennial census, on the question of the levy of a special tax for public hospital purposes under the Constitution of Alabama, including any amendment thereto, at which election a majority of the votes cast were in favor of the levy of the said tax, but which election was irregular by reason of failure prior to the holding of the election to give notice thereof in a newspaper or by posting in the manner or for the time required by any statute applicable to the election, or because of failure to comply with any other statutory requirement applicable to the election or because of any other irregularity with respect to the holding of the election or canvassing and recording the results thereof, shall be, and every such election is hereby, ratified and confirmed and given effect in all respects as if all provisions of law relating to such election have been duly and legally complied with, and the said tax may be levied and collected pursuant to the authorization purported to have been granted at such election; provided, that this section shall not apply to any election which, prior to July 16, 1962, has been in express terms held illegal by the county commission of the county wherein the election was held, by the Supreme Court of Alabama or by final judgment of the circuit court in the county in which the election was held and from which judgment an appeal was not taken to the Supreme Court of Alabama within the time provided by law for the taking of such appeals or to any election the validity of which is an issue in any pending civil action commenced prior to July 16, 1962.
Ala. Code § 22-11D-9 — Alabama Code / Title 1 / Chapter 11D / Section 22-11D-9
Section 22-11D-9 Statewide Trauma System Fund
Status: in_force

(a) The Statewide Trauma System Fund is created. The department shall distribute funding allocated to the department for the purpose of creating, administering, maintaining, or enhancing the statewide trauma system. The department may apply for, receive, and accept gifts and other payments, including property and services, for the fund from any governmental or other public or private entity or person and may utilize the fund for activities related to the design, administration, operation, maintenance, or enhancement of the statewide trauma system.

(b) The methodology of distribution of funds and allocation of funds shall be established by the council and subsequently adopted by the board, pursuant to the Administrative Procedure Act. Guidelines and parameters for distribution and allocation of funds is the sole prerogative of the council. Fund allocation to trauma centers shall be based upon the designated level of trauma care and the number of qualified patients directed through the trauma centers, as defined by the rules of the board.

(c) Nothing in this chapter shall limit a patient’s right to choose the physician, hospital, trauma center, health care center, facility, or other provider of health care services, subject to any limitations, requirements, or mechanisms prescribed in any federal law or law of the State of Alabama.

(d) Nothing in this chapter shall limit a hospital from being designated as a trauma center or any other designated health care center.
Ala. Code § 22-21-433 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-433
Section 22-21-433 Visitation During Declared State Public Health Emergencies; Compliance with Reasonable Safety Protocols; Notice Requirements
Status: reserved

REPEALED PER ACT 2023-24 EFFECTIVE APRIL 18, 2023.(a) During a declared state public health emergency, a health care facility shall continue to allow patients to receive visitors consistent with all applicable federal laws, regulations, and guidelines of the Centers for Medicare and Medicaid Services or Centers for Disease Control and Prevention, or any limitations set by a state or federal public health order.

(b) A health care facility may require the person visiting a patient under this article to comply with all reasonable safety protocols of the health care facility that have been established to protect the health and safety of the visitor, patients, and staff of the health care facility. Accompaniment by a caregiver or visitation from a visitor advocate shall be subject to reasonable restrictions imposed on the caregiver or visitor advocate because of any of the following:

(1) A patient’s or resident’s likelihood of exposing someone to an infectious disease is not controllable despite using reasonable safety practices, such as personal protective equipment.

(2) A caregiver or visitor advocate actively exhibiting symptoms relating to an infectious disease.

(3) Lack of adherence to proper infection control practices.

(c) A health care facility shall follow all federal laws and regulations that require notice to each patient of his or her visitation rights. If there is any clinical restriction or limitation of the right, the patient is required to be informed of the limitations when he or she is informed of his or her rights under this section. Visitation may not be further restricted, limited, or otherwise denied on the basis of race, color, national origin, religion, sex, gender identity, sexual orientation, or disability.
Ala. Code § 22-34-15 — Alabama Code / Title 1 / Chapter 34 / Section 22-34-15
Section 22-34-15 No Proceeding, Notice or Approval Required
Status: in_force

This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice or approval shall be required for the incorporation of the authority, the purchase of any loans or the making of any loan to a public body, the issuance of any bonds, or the exercise of any other of its powers by the authority.
Ala. Code § 11-2-32 — Alabama Code / Title 1 / Chapter 2 / Section 11-2-32
Section 11-2-32 Proceedings as to Sufficiency of Bonds of Certain County Officers - Appointment of Date for Hearing of Application; Hearing; Entry of Order Requiring Officer to Execute New Bond
Status: reserved

Repealed by Act 2009-744, p. 2229, §2, effective May 22, 2009.
Ala. Code § 22-10C-3 — Alabama Code / Title 1 / Chapter 10C / Section 22-10C-3
Section 22-10C-3 (Effective until September 30, 2025, Unless Extended by the Legislature.) Purpose; Meetings; Reports; Compensation
Status: in_force

(a) The goal of the commission is to coordinate research and distribute funding for research on the study of tick borne illness in Alabama and to make suggestions for the treatment of and reduction and eradication of tick borne illness in the state. Research may include methods of prevention, treatment, surveillance, diagnosis, risk prediction, outreach, and intervention of tick borne illness. The commission may not issue any recommendation that would create or define standards for the practice of medicine.

(b) Upon adjournment of the 2016 Regular Legislative Session, the commission shall schedule an initial meeting to organize and discuss a plan of action and create criteria and an application process for awarding research funds appropriated to the commission for such purposes, and the commission shall meet as necessary thereafter to achieve its goals.

(c) The commission shall report its findings and any proposed legislation to the Speaker of the House and President Pro Tempore of the Senate annually by the third day of the regular session of the Legislature.

(d) Upon request of the chair of the commission, the Secretary of the Senate and Clerk of the House of Representatives shall provide necessary clerical assistance for the work of the commission.

(e) Each legislative member of the commission shall be entitled to his or her regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the commission in accordance with Amendment 871 of the Constitution of Alabama of 1901. These payments shall be paid out of any funds appropriated to the use of the Legislature.
Ala. Code § 22-23-41 — Alabama Code / Title 1 / Chapter 23 / Section 22-23-41
Section 22-23-41 Permit to Construct or Modify Water System - Application
Status: in_force

Any person proposing to operate, construct, install, add to or make major modification of a public water system shall, prior to construction of such, file with the board an application for a permit to do so, together with complete plans and specifications and a statement containing a general description of the proposed public water system or of the proposed changes in the existing system, showing the geographical location thereof with relation to the source of water supply and the manner of storage, purification, treatment or delivery proposed or used for the supply, and all the sanitary and health conditions surrounding and affecting the said supply and the works, system and plant. The plans and specifications and statements shall be in such form and shall detail such matters as the board by regulation shall require.
Ala. Code § 22-21-181 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-181
Section 22-21-181 Transfer of Funds and Assets by Counties and Municipalities
Status: in_force

The county in which the corporation is organized, any municipality located, in whole or in part, within such county, whether or not a member of such corporation, and any public corporation in such county and any other public agency, authority or body, whether or not incorporated, located or having its principal office in the county are hereby authorized to transfer and convey to the corporation, with or without consideration, any hospital and other properties, real or personal, and all funds and assets, tangible or intangible, relative to the ownership or operation of any hospital that may be owned by such county, municipality, public corporation or public agency, authority or body, as the case may be, or that may be jointly owned by any one or more thereof, and any funds owned or controlled by such county, municipality, public corporation or public agency, authority or body, as the case may be, or jointly by any one or more thereof, that may have been raised or allocated for any of the purposes for which the corporation shall have been organized; provided, that such transfer or conveyance shall be authorized by an ordinance or a resolution duly adopted by the governing body of such county, municipality, public corporation or public agency, authority or body, as the case may be. Further, in the event of the transfer of any hospital to the corporation, any taxes, tax proceeds and other revenues that are apportioned or allocated to or for the benefit of the prior owner or operator of such hospital or for patient care at such hospital shall thereafter be paid to the corporation.
Ala. Code § 22-18-2 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-2
Section 22-18-2 Exceptions to Applicability of Chapter
Status: in_force

The provisions of this article shall not apply to volunteer rescue squads that are members of the Alabama Association of Rescue Squads, Inc., and which furnish BLS ambulance service to the public; nor shall the provisions of this chapter apply to businesses or companies which only provide free ambulance service to their employees who require medical attention on business or company grounds; nor shall the provisions of this chapter apply to or govern ambulances owned by a county, a municipality, or any other political subdivision of the state.
Ala. Code § 22-21A-4 — Alabama Code / Title 1 / Chapter 21A / Section 22-21A-4
Section 22-21A-4 State Control
Status: in_force

Each member state, within its state, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care shall remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date, that member state shall be responsible for the associated funding obligations in its state.
Ala. Code § 22-38-8 — Alabama Code / Title 1 / Chapter 38 / Section 22-38-8
Section 22-38-8 Rules and Regulations; Personnel
Status: in_force

The committee is hereby authorized to establish rules and regulations necessary to implement the provisions of this chapter and is also authorized to employ such personnel, one of which may be an unclassified employee whose salary shall be set by the committee, upon availability of funds to carry out the committee’s functions under this chapter.
Ala. Code § 22-23B-11 — Alabama Code / Title 1 / Chapter 23B / Section 22-23B-11
Section 22-23B-11 Taxation Exemption
Status: in_force

All bonds at any time issued by the authority and the income therefrom shall be exempt from all taxation in the state.
Ala. Code § 22-21-70 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-70
Section 22-21-70 Definitions
Status: in_force

For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:

(1) THE CORPORATION. A corporation organized pursuant to the provisions of this division.

(2) SECURITIES. Notes, bonds, certificates of indebtedness, warrants or other evidences of indebtedness.

(3) HOSPITAL. Such term includes the plural as well as the singular and means:

a. Public hospitals of all types, public clinics, public health centers and related public health facilities, such as laboratories, outpatient departments, nurses’ homes and nurses’ training facilities and central service facilities operated in connection with public hospitals;

b. Appurtenant buildings and other facilities to provide offices for persons engaged in the diagnosis, treatment or cure of diseased, sick and injured persons and to house or service equipment used for the diagnosis, treatment or cure of diseased, sick or injured persons or the records of such diagnosis, treatment or cure or research with respect to any of the foregoing;

c. Parking areas, parking decks, facilities, buildings and structures appurtenant to any of the foregoing.
Ala. Code § 22-20A-2 — Alabama Code / Title 1 / Chapter 20A / Section 22-20A-2
Section 22-20A-2 Definitions
Status: in_force

For the purposes of this article, the following terms have the following meanings, unless the context clearly requires a different meaning:

(1) BOARD. The State Committee of Public Health pursuant to Section 22-2-1 .

(2) COUNTRY OF ORIGIN. The country in which an animal, from which a covered commodity is derived, born, raised, slaughtered, or substantially transformed. If the animal is born, raised, slaughtered, or substantially transformed in different countries, the term includes each country.

(3) COVERED COMMODITY.

a. Includes all of the following:

1. Farmed-raised fish.

2. Wild fish.

b. The term does not include an item described in this subdivision if the item is an ingredient in processed food.

(4) DEPARTMENT. The Alabama Department of Public Health.

(5) FARM-RAISED FISH. Includes farm-raised shellfish and fillets, steaks, nuggets, and any other flesh from a farm-raised fish or shellfish .

(6) FOOD SERVICE ESTABLISHMENT. Any place, vehicle, or vessel where food is prepared, stored, held, transported, served, or dispensed to consumers and which is regulated by the department. The term includes any such place regardless of whether the food sold is intended for on- premises or off-premises consumption .

(7) PROCESSED FOOD. A food product derived from the combination of a covered commodity with one or more other agricultural commodity so as to render the covered commodity inseparable or indistinguishable from the other agricultural commodity or commodities.

(8) SHELLFISH. Includes crab, lobster, oyster, shrimp, crayfish, clam, and scallops in the wild and any farm-raised shellfish .

(9) STATE HEALTH OFFICER. The State Health Officer as defined in Section 22-2-8, or his or her designated representative.

(10) VERIFIED COMPLAINT. An allegation of noncompliance with this article that can be attributed to the complainant and which is signed and verified by the complainant.

(11) WILD FISH. Naturally born or hatchery-raised fish and shellfish harvested in the wild. The term includes fillets, steaks, nuggets, and any other flesh from wild fish or shellfish . The term does not include net-pen aquacultural or other farm-raised fish or shellfish .
Ala. Code § 11-16-3 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-3
Section 11-16-3 Commissioners - Designation; Chairman
Status: in_force

The persons so appointed shall be known as the board of commissioners of county seat election, and the Governor shall designate one of them as the chairman of such board.
Ala. Code § 22-35-10 — Alabama Code / Title 1 / Chapter 35 / Section 22-35-10
Section 22-35-10 Rules and Regulations; Department May Require Owner or Operator to Provide Information
Status: in_force

(a) Rules and regulations pertaining to this chapter shall be adopted by the commission in accordance with applicable state and federal laws. The commission shall not adopt any rules or regulations pertaining to underground or aboveground storage tanks under the provisions of this chapter that are more stringent than those provided by federal rules or regulations.

(b) The department may require the owner or operator of an aboveground storage tank to provide to the department information concerning the aboveground storage tank which may include, but is not limited to the name of the owner, the name of the operator, the location, and description of the facility at which the aboveground storage tank is located, regulated substances and quantities of regulated substances used or stored.
Ala. Code § 11-16-31 — Alabama Code / Title 1 / Chapter 16 / Section 11-16-31
Section 11-16-31 County Offices and Courts to Remain at Old County Seat until Buildings Provided at New Site
Status: in_force

All county officials who are required to hold their offices at the county seats shall have their offices and all courts held for such county shall be held at the old county seat until the suitable buildings and offices can be provided by the county commission at the new county seat, such period not to exceed 12 months from the date of said election.
Ala. Code § 22-25A-8 — Alabama Code / Title 1 / Chapter 25A / Section 22-25A-8
Section 22-25A-8 Certificate of Economic Viability
Status: reserved

Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
Ala. Code § 1-1-11 — Alabama Code / Title 1 / Chapter 1 / Section 1-1-11
Section 1-1-11 Repealed laws not revived
Status: repealed

All laws and all statutes or parts of statutes which are repealed or abrogated by this Code, or are repugnant to any law repealed by this Code and which have not been reenacted or consolidated, shall continue to be so repealed or abrogated.
Ala. Code § 22-30E-16 — Alabama Code / Title 1 / Chapter 30E / Section 22-30E-16
Section 22-30E-16 Brownfield Redevelopment Districts - Powers and Duties
Status: in_force

A brownfield redevelopment district may do any of the following:

(1) Adopt and amend bylaws not in conflict with the articles of incorporation.

(2) Sue and be sued in civil action subject to the limitations of liability provided by this chapter.

(3) At the direction of the local government that established the district:

a. Provide for the administration, management, and supervision of the activities and business of the district.

b. Acquire interests in property.

c. Incur indebtedness for purposes of this chapter on behalf of the local government that is payable only from funds provided by the local government to the district for such use.

(4) Make agreements and contracts, take all actions, and do any and all things not otherwise prohibited by law to accept, realize, and use any financial aid or other assistance provided by any person or other entity.

(5) Take any other actions as necessary to carry out the authority expressly given in this section.
Ala. Code § 22-11A-123 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-123
Section 22-11A-123 Priority of Federal Program
Status: in_force

This article shall no longer have any force or effect and shall not be enforceable after the department determines that there has been an enactment of a United States government program for collecting and disseminating health care facility acquired infection data which mandates, at a minimum, the reporting, collection, and dissemination of the same categories of data required in this article.
Ala. Code § 22-15A-1 — Alabama Code / Title 1 / Chapter 15A / Section 22-15A-1
Section 22-15A-1 Short Title. (Amended by Act 2026-505)
Status: in_force

AMENDED BY ACT 2026-505, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

This chapter shall be known and may be cited as the “Alabama Clean Indoor Air Act.”
Ala. Code § 22-2A-7 — Alabama Code / Title 1 / Chapter 2A / Section 22-2A-7
Section 22-2A-7 Disposition of Funds
Status: in_force

All rebates and savings specifically realized shall be deposited in the General Fund of the state.
Ala. Code § 22-21-183 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-183
Section 22-21-183 Disposition of Proceeds from Borrowing
Status: in_force

(a) The principal proceeds derived from any borrowing made by the corporation under Section 22-21-182, other than borrowings made for refunding purposes, shall be used solely for:

(1) The purpose or purposes for which such borrowing was authorized to be made, including architects’ and engineers’ fees;

(2) Legal, fiscal and recording fees and expenses incurred in connection with such borrowing;

(3) The interest to accrue on any securities issued in evidence of such borrowing during a period of not exceeding 36 months after the date of such borrowing;

(4) The reimbursement to itself, or to its general fund or any one or more of its other funds, to the county in which the corporation is organized, to any municipality located, in whole or in part, in such county and to any public agency, authority or body in such county, of any funds advanced to or for the benefit of the corporation or any hospital owned by it and in anticipation of the issuance of securities by the corporation, including the amount of any interest paid or incurred on any borrowings made for the purpose of obtaining funds to advance to or for the benefit of the corporation or such hospital; and

(5) The creation of such reserves for the payment of debt service on any such securities and for the maintenance, repair, replacement, improvement and enlargement of any of its hospitals and other properties as the board of directors shall deem advisable.

(b) Any portion of the principal proceeds derived from any such borrowing not needed for any of the purposes for which such borrowing was authorized to be made shall be applied and used:

(1) For retirement of the securities issued in evidence of such borrowing;

(2) For payment of the interest thereon;

(3) For payment into one or more special funds created for payment of principal or interest, or both, or for the creation of reserves for the payment of debt service or for maintenance, repair, replacement, improvement or enlargement; or

(4) For any combination thereof, all as shall be specified in the mortgage or trust indenture under which such securities are issued or in the resolution of the board of directors authorizing any such borrowing.
Ala. Code § 22-27-42 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-42
Section 22-27-42 Legislative Intent
Status: in_force

In furtherance of the policies and purposes set forth herein, it is the intent of this legislation:

(1) To develop an integrated system of planning for solid waste management in the state by local governments, regional planning commissions and the department;

(2) To put in place the necessary procedures so that an effective and integrated statewide network of solid waste management facilities may be planned, developed and operated for the benefit of the people of the state;

(3) To assure that solid waste management planning and implementation activities should, to the extent economically feasible, encourage:

a. Reduction of the amount of source waste generated;

b. Source separation and recycling; and

c. Waste processing such as the utilization of a waste-to-energy technology to reduce the volume of waste necessary for land disposal.

(4) To facilitate the siting of solid waste management facilities as required to meet present and projected state and local needs;

(5) To facilitate the reduction of solid waste volumes within the state;

(6) To foster and encourage recycling of solid wastes as an alternative to disposal;

(7) To assure public involvement in the development and implementation of plans for the management of solid wastes;

(8) To encourage private industry to continue to play a key role in the state’s solid waste management programs;

(9) To assure that solid waste management facilities and services are provided to state residents in a manner which assures their availability at reasonable costs; and

(10) To assure that the creation, licensing, and operation of landfill solid waste disposal facilities should be limited to what is reasonably required to service the needs of the inhabitants and businesses of this state, having regard for alternative technologies for waste reduction, management and disposal.
Ala. Code § 22-6-41 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-41
Section 22-6-41 Availability of Increased Financing
Status: in_force

This financing shall be available to physicians in family practice, pediatrics and obstetrics who provide obstetrical services in rural and underserved areas.
Ala. Code § 22-4-40 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-40
Section 22-4-40 Enforcement of Article
Status: in_force

SHPDA may bring civil actions in any court of competent jurisdiction to enforce compliance with this article or any requirement or appropriate request of SHPDA made pursuant to this article.
Ala. Code § 11-32-5 — Alabama Code / Title 1 / Chapter 32 / Section 11-32-5
Section 11-32-5 Certificate of Incorporation - Amendment
Status: in_force

(a) The certificate of incorporation of any authority incorporated under or governed by this chapter may be amended in the manner provided in this section. The board shall first adopt a resolution proposing an amendment to the certificate of incorporation which shall be set forth in full in the resolution and which amendment may include any matters which might have been included in the original certificate of incorporation.

(b) After the adoption by the board of a resolution proposing an amendment to the certificate of incorporation of the authority, the chair of the board or executive director of the authority and the secretary of the authority shall sign and file a written application in the name of and on behalf of the authority, under its seal, with the governing body of the authorizing county and with the governing body of the principal municipality, requesting each governing body to adopt a resolution approving the proposed amendment, and accompanied by a certified copy of the resolution adopted by the board proposing the amendment to the certificate of incorporation, together with the documents in support of the application as the chair or executive director may consider appropriate. The applications, except in their designation of the governing body to which they are addressed and with which they are filed, shall be identical. As promptly as may be practicable after the filing of the application with the governing bodies of the authorizing county and the principal municipality pursuant to the foregoing provisions of this section, the governing bodies shall review the application and shall adopt resolutions either denying the application or authorizing the proposed amendment. Each governing body shall cause a copy of the application and all accompanying documents to be spread upon or otherwise made a part of the minutes of the meeting of the governing body at which final action upon the application is taken.

(c) Within 40 days following the adoption of a resolution approving the proposed amendment by that governing body that was the last to adopt the resolution, but only if the governing bodies of both the authorizing county and the principal municipality have previously adopted a resolution, the chair of the board or executive director of the authority and the secretary of the authority shall sign and file for record in the office of the judge of probate of the authorizing county a certificate in the name of and in behalf of the authority, under its seal, reciting the adoption of the respective resolutions by the board and by the governing bodies of the authorizing county and the principal municipality and setting forth the proposed amendment.
Ala. Code § 22-21A-7 — Alabama Code / Title 1 / Chapter 21A / Section 22-21A-7
Section 22-21A-7 Congressional Consent
Status: in_force

This compact shall be effective on its adoption by at least two member states and consent of the United States Congress. This compact shall be effective unless the United States Congress, in consenting to this compact, alters the fundamental purposes of this compact, which are:

(1) To secure the right of the member states to regulate health care in their respective states pursuant to this compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their states.

(2) To secure federal funding for member states that choose to invoke their authority under this compact, as prescribed by Section 22-21A-5.
Ala. Code § 11-8-11 — Alabama Code / Title 1 / Chapter 8 / Section 11-8-11
Section 11-8-11 Investment of Surplus Funds in United States Securities
Status: in_force

The county commission is hereby authorized to invest the remaining surplus in any fund, after the adoption of the budget or after provision has been made for anticipated indebtedness, in interest-bearing securities issued by the United States government which are guaranteed as to principal and which are redeemable upon application. This section shall be retroactive and investments heretofore made are hereby ratified and approved.
Ala. Code § 22-19-58 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-58
Section 22-19-58 Rights and Duties at Death
Status: reserved

Repealed by Act 2008-453, p. 867, §2, effective November 1, 2008.
Ala. Code § 22-21-300 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-300
Section 22-21-300 Disclosure of Policies to Patients
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) HOSPITAL. Any facility as defined in Section 22-21-20.

(2) HOSPITAL BILL. A written statement provided to a patient after services are rendered by the hospital describing the services and the payment due for those services.

(3) UNINSURED PATIENT. A person receiving care at a hospital who does not have any third party source for payment of a hospital bill.

(b)(1) Each hospital must make available written information regarding its financial assistance policies. Each hospital bill or other summary of charges to a patient shall include a statement that a patient who meets certain income criteria may qualify for the financial assistance policy of the hospital.

(2) Each hospital shall conspicuously post a sign in the admission and registration areas of the hospital with the following notice:

“You may be eligible for financial assistance under the terms and conditions the hospital offers to qualified patients. For additional information, contact the hospital financial assistance representative.”

(3) The sign shall be in English and in any other language that is the primary language of at least five percent of the patients annually served by the hospital.

(4) Each hospital that has a website must post a notice in a prominent place on its website, if financial assistance is available at the hospital, a description of the financial assistance application process and a copy of the financial assistance application.
Ala. Code § 22-6-234 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-234
Section 22-6-234 Advance Directive for Health Care Options
Status: in_force

Any participant in the integrated care network system receiving long term care services shall be offered information regarding advance directive for health care options consistent with applicable Alabama state law.
Ala. Code § 22-27-24 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-24
Section 22-27-24 Refunding Warrants
Status: in_force

Each such county may, in like manner, from time to time, issue refunding warrants, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants then outstanding which were issued under the provisions of this article and the interest thereon and paying any premium necessary to be paid to retire the outstanding warrants refunded thereby. The provisions of this article applicable to the warrants so refunded shall likewise be applicable to such refunding warrants.
Ala. Code § 11-20-9 — Alabama Code / Title 1 / Chapter 20 / Section 11-20-9
Section 11-20-9 Notice, Consent, or Approval of Governmental Body, Etc., Not to Be Required for Issuance or Sale of Bonds or Execution of Mortgages
Status: in_force

No notice to or consent or approval by any governmental body or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of this article.
Ala. Code § 22-5A-1 — Alabama Code / Title 1 / Chapter 5A / Section 22-5A-1
Section 22-5A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Long-term Residential Health Care Recipient Ombudsman Act.”
Ala. Code § 22-6-4.2 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-4.2
Section 22-6-4.2 Copayments for Prescription Drugs
Status: in_force

(a) Medicaid eligible persons shall pay the maximum allowable copayment under federal law or administrative regulation for each prescription drug received under the Medicaid Program, except for designated exemptions.

(b) Said maximum allowable copayment shall be collected by the dispensing pharmacy and credited against the Medicaid payment to the pharmacy for the drug.

(c) Designated exemptions include prescriptions for family planning drugs and those used in the treatment of persons participating in the Medicaid Early and Periodic Screening, Diagnosis and Treatment Program.

(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal administrative regulations applicable to the Medicaid Program.
Ala. Code § 11-11-1 — Alabama Code / Title 1 / Chapter 11 / Section 11-11-1
Section 11-11-1 Definitions
Status: in_force

Where used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:

(1) COUNTY. Each county subject to the provisions of this chapter.

(2) COUNTY’S SHARE OF THE HIGHWAY GASOLINE TAX. With respect to each county, that portion of the highway gasoline tax required by law to be distributed to that county.

(3) FISCAL YEAR. The 12-month period commencing on October 1 of one year and ending on September 30 of the next ensuing year.

(4) HIGHWAY GASOLINE TAX.

a. The excise tax levied under Section 40-17-31, exclusive of those portions of the said tax in respect of aviation fuel and marine gasoline, as those terms are used in the said Section 40-17-31, and

b. The excise tax levied by Sections 40-17-140 through 40-17-155, exclusive of that portion of the said tax in respect of diesel fuel.

(5) OUTSTANDING WARRANTS. With respect to each county and as of any particular time:

a. Warrants then unpaid which were theretofore issued by that county under the provisions of this chapter or

b. Warrants then unpaid which were theretofore issued by that county under the provisions of any other law of the state in effect at the time of the issuance thereof and which are payable solely out of all or any part of the county’s share of the highway gasoline tax.

(6) REFUNDING WARRANTS. Warrants that may be issued under the provisions of Section 11-11-6.

(7) STATE. The State of Alabama.
Ala. Code § 1-2-45 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-45
Section 1-2-45 State Cookie
Status: in_force

(a) The Legislature finds all of the following:

(1) Peanuts and pecans are crops of historical and agricultural significance to the State of Alabama.

(2) The peanut was elevated to its current status by landmark agricultural scientist George Washington Carver’s research at Tuskegee Institute, later renamed Tuskegee University.

(3) In 2021, Alabama ranked 2nd in the nation in peanut production when more than 1,000 Alabama farm families grew over 622 million pounds of peanuts.

(4) The peanut is designated as the official state legume of Alabama.

(5) The pecan is native to the State of Alabama and has been consumed in this region throughout human history.

(6) Alabama is one of only 15 states that produce pecans, with more than 500 farmers dedicating over 8,000 acres to pecan production.

(7) The pecan is designated as the official state nut of Alabama.

(b) The Yellowhammer Cookie, which originated in Montgomery, Alabama, and prominently features peanuts and pecans, is designated as the official State Cookie of Alabama.
Ala. Code § 22-23-43 — Alabama Code / Title 1 / Chapter 23 / Section 22-23-43
Section 22-23-43 Permit to Construct or Modify Water System - Order of Board Upon Finding That Water Is Impure, Unwholesome, Etc
Status: in_force

Upon completion of any such investigation or of any routine or special inspection, if the board shall determine that the water being supplied or to be supplied is impure, unwholesome or unpotable, fails to comply with a maximum contaminant level or may constitute a menace or danger to the health or lives of human beings, or that the existing or proposed works, systems, plant or water supply or proposed modifications thereof are not suited to the production and delivery of healthful, pure and wholesome water, then, upon order of the board, the applicant or supplier of water shall make, within a time designated by the board, such changes as the board deems necessary to secure a continuous supply of pure, wholesome, potable and healthy water. The board may prohibit the use of said water supply or any modification, construction or operation of said works, system or plant until all orders of the board are carried out. Thereafter, it shall be unlawful for the applicant to use the said public water supply or to modify, construct or operate the said works, system or plants until the orders of the board are withdrawn.
Ala. Code § 1-2-31 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-31
Section 1-2-31 State Horseshoe Tournament
Status: in_force

The annual fall horseshoe tournament in Stockton, Alabama, is hereby designated as the official championship horseshoe tournament for the State of Alabama.
Ala. Code § 22-17A-5 — Alabama Code / Title 1 / Chapter 17A / Section 22-17A-5
Section 22-17A-5 Renewal of License
Status: in_force

The owner or operator of a tattoo facility licensed under this chapter shall apply to the department for renewal of the license under this chapter not less than 30 days before the license expires. Upon payment of the renewal fee prescribed by subsection (c) of Section 22-17A-3, the department shall renew the license if the applicant is in compliance with this chapter and the rules promulgated pursuant to this chapter.
Ala. Code § 11-7-11 — Alabama Code / Title 1 / Chapter 7 / Section 11-7-11
Section 11-7-11 Right of Entry Upon Lands for Execution of Surveys Requested by Interested Persons
Status: in_force

In making any survey of lands at the request of any person interested therein, the surveyor and his assistants may without the consent of the owner or person in possession enter upon and survey in an orderly manner any lands which it may be necessary for them to enter on or survey in order to make an accurate survey of the lands.
Ala. Code § 22-34-8 — Alabama Code / Title 1 / Chapter 34 / Section 22-34-8
Section 22-34-8 Sale of Bonds
Status: in_force

The bonds and other evidences of indebtedness of the authority may be sold at such time or times as the board of directors may deem advantageous. The bonds may be sold at private or public sale. Bonds sold at public sale shall be awarded to the bidder whose bid reflects the lowest net interest cost to the authority for the bonds being sold, computed to their respective absolute maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids and readvertise. Notice of any public sale shall be given by such publication or by such distribution of notices of sale or both, as the board of directors may determine subject to state law. The authority may pay from the proceeds of the sale of its bonds all expenses, including publication and printing charges, attorney’s fees, financial advisory fees, and other expenses which the board of directors may deem necessary or advantageous in connection with the authorization, advertisement, sale, execution and issuance thereof.
Ala. Code § 11-13-3 — Alabama Code / Title 1 / Chapter 13 / Section 11-13-3
Section 11-13-3 Publication of Legislative Laws of Local Nature - Contracts for Publication
Status: in_force

County commissions which desire publication of local acts as provided in this chapter shall procure from the Secretary of State certified copies of any laws affecting their respective counties and procure bids for the publication of said laws, and contract with the lowest responsible bidder for the publication of said law for three insertions, and the county commissions may contract for the publication of said laws on the basis of the lowest price in proportion to the circulation of newspapers bidding.
Ala. Code § 22-18-40 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-40
Section 22-18-40 State Emergency Medical Control Committee
Status: in_force

(a) The board shall be assisted in formulating rules and policy pertaining to emergency medical services by the State Emergency Medical Control Committee (SEMCC). Each member of the SEMCC shall have voting privileges. Members of the SEMCC shall serve without compensation but shall be entitled to reimbursement for expenses incurred in the performance of the duties of their office at the same rate paid state employees. The chair of SEMCC may establish subcommittees of SEMCC comprised of representatives from ambulance, fire, rescue, and other EMS groups, as needed.

(b) The SEMCC shall be composed as follows:

(1) The medical directors of each EMS region designated by the board as ex officio members.

(2) One member who shall be a physician appointed by the Alabama Chapter of the American College of Emergency Physicians.

(3) One member who shall be a physician appointed by the State Committee on Trauma of the American College of Surgeons.

(4) One member who shall be a physician appointed by the Alabama Chapter of the American Academy of Pediatrics.

(5) The State EMS Medical Director, as an ex officio member, who shall serve as its chair.

(6) The State Trauma Consultant if a physician is designated as such by the Board of Health or pursuant to other procedure established by law as an ex officio member.

(7) One member who shall be an Alabama physician appointed by the Alabama Chapter of the Association of Air Medical Services.

(8) One member who shall be a physician appointed by the Alabama Hospital Association.

(9) One member who shall be a paramedic licensed in this state appointed by the Alabama Ambulance Association.

(10) One member who shall be a paramedic licensed in this state appointed by the Alabama Association of Rescue Squads.

(11) One member who shall be a paramedic licensed in this state appointed by the Alabama Emergency Medical Services Association.

(12) One member who shall be a paramedic licensed in this state appointed by the Alabama Chapter of the Association of Air Medical Services.

(13) One member who shall be a paramedic licensed in this state appointed by the Professional Firefighters of Alabama.

(14) One member who shall be a paramedic licensed in this state appointed by the Alabama Association of Volunteer Fire Departments.

(15) One member who shall be a paramedic licensed in this state appointed by the Alabama Association of Fire Chiefs.

(16) One member who shall be a paramedic licensed in this state appointed by the Alabama Firefighters Association.

(17) One member who shall be an educator involved in the development or instruction of an EMS training and education program at an Alabama Community College System (ACCS) institution appointed by the State EMS Medical Director.

(18) Two physicians appointed by the Medical Association of the State of Alabama.

(c) Each representative shall serve for a period of four years or until his or her successor is appointed, whichever is sooner.

(d) Any vacancy shall be filled by the organization selecting the vacating member. In case of a vacancy, the new appointee shall serve the remainder of the unexpired term.

(e) Each ex officio member’s term is indefinite.

(f) With the consent of a majority of the members, the chair shall set requirements for proxy representation, voting, and the establishment of a quorum.

(g) The membership of the SEMCC shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
Ala. Code § 22-20-5.5 — Alabama Code / Title 1 / Chapter 20 / Section 22-20-5.5
Section 22-20-5.5
Status: in_force

(a) As used in this section, the following terms have the following meanings:

(1) CERTIFYING FIRE OFFICIAL. The State Fire Marshal or a local fire department authorized to conduct fire safety inspections under subdivision (c)(1).

(2) COMMISSARY. A food service establishment permitted by the Alabama Department of Public Health to which a mobile food unit returns after operating for the day for servicing and resupplying.

(3) IFC MOBILE FOOD PREPARATION VEHICLES PROVISIONS. The International Fire Code provisions for mobile food preparation vehicles as adopted by the Alabama Department of Insurance for State Fire Marshal regulations.

(4) MOBILE FOOD UNIT. A mobile food service establishment from which a vendor prepares, cooks, sells, or serves food. The term includes any mobile food establishment regulated by the Alabama Department of Public Health, including any structure housed on a motor vehicle chassis or vessel or on a trailer that a motor vehicle pulls to transport the cooking equipment or food service establishment, or a cart used for food services which is not motorized.

(b)(1) On and after January 1, 2027, a mobile food unit that holds a valid health inspection certificate and a valid fire inspection certificate in accordance with subsection (c) shall be exempt from any further health or fire safety inspections that are or would otherwise be required by the governing body of a county or municipality or political subdivision thereof as a condition to operating the mobile food unit in that local jurisdiction; provided, however, a county health department or certifying fire official may: (i) inspect a mobile food unit at any time while in operation; and (ii) order the mobile food unit to immediately cease operations if a significant health violation or life safety violation is discovered.

(2) The health inspection and certification described in subdivision (1) shall be conducted by the county health department in the jurisdiction where the mobile food unit’s commissary is located. The fire inspection and certification shall be conducted by any fire official of a local fire department in the state authorized pursuant to subdivision (c)(1).

(c)(1) The State Fire Marshal shall maintain a list of local fire departments in the state which are authorized by the State Fire Marshal to conduct fire inspections pursuant to this section.

(2) The State Fire Marshal shall establish a uniform statewide fire safety inspection process for mobile food units to ensure compliance with all state adopted codes and standards. The fire safety inspection shall be in compliance with IFC Mobile Food Preparation Vehicles provisions and shall ensure, at a minimum, that:

a. All hoods and hood suppression systems comply with the requirements of NFPA 96;

b. Hood suppression systems are serviced and tagged at least every six months;

c. Hood cleaning is performed and tagged at least every six months;

d. All LP-gas systems comply with NFPA 58 and IFC Mobile Food Preparation Vehicles provisions;

e. An annual LP-gas pressure test is performed by a gas fitter certified by the Alabama Liquefied Petroleum Gas Board;

f. Plumbing for LP-gas is installed in compliance with NFPA 58; and

g. All electrical appliances comply with NFPA 70.

(3) A mobile food vendor unit shall maintain and make available all records for equipment and maintenance.

(4) Any modification or alteration of an appliance, operating procedure, or safety equipment of a mobile food unit may void a fire inspection certificate.

(5) A fire inspection certificate shall be valid for a six-month period.

(6) Significant violations shall be addressed by the certifying fire official and referred to the State Fire Marshal.

(d) Nothing in this section shall prohibit the governing body of a county or municipality or political subdivision thereof from requiring a mobile food unit, as a condition of operating in that jurisdiction, to comply with any ordinance or regulation, including requiring a business license.

(e) To the extent that a mobile food unit is required by law, rule, regulation, or ordinance to undergo a health or fire safety inspection, whether state or local, as a condition to operate in a specific jurisdiction, this section shall supersede any such provision but shall otherwise be construed in pari materia with other state and local laws.

(f) On and after January 1, 2027, the owner of a mobile food unit who operates a mobile food unit or allows the mobile food unit to operate without a valid health inspection certificate and a valid fire inspection certificate issued pursuant to this section shall be guilty of a Class C misdemeanor. Upon a second or subsequent violation, the owner shall be prohibited from operating the mobile food unit for a period of 30 days.

(g) Nothing in this section shall prevent a health officer of fire safety officer from inspecting a mobile food unit and taking other appropriate measures if he or she reasonably believes there is an immediate risk to public health or safety.
Ala. Code § 22-29-19 — Alabama Code / Title 1 / Chapter 29 / Section 22-29-19
Section 22-29-19 Grants to Local Public Bodies - Applications
Status: in_force

Any local public body which is eligible for federal aid, grant or assistance under the Federal Water Pollution Control Act for a portion of the cost of acquiring or constructing a project may apply also to the authority for a grant. The application shall describe the project and state the total estimated cost of the project, the amount anticipated to be paid by federal aid or assistance under the Federal Water Pollution Control Act, the amount which the applicant will contribute to the project, that request is made for a state grant for the remainder of the estimated cost of the project and the plan or program proposed for funding such grant. The application shall be accompanied by a certificate or letter from the Alabama Water Improvement Commission or other state agency having authority to submit a state water control plan pursuant to the Federal Water Pollution Control Act, stating that the project proposed by the applicant is in conformity with the state water pollution control plan submitted pursuant to the Federal Water Pollution Control Act and is entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs.
Ala. Code § 22-2-13 — Alabama Code / Title 1 / Chapter 2 / Section 22-2-13
Section 22-2-13 Recovery of Expenses by Health Officer, Sheriff, or Bond Constable
Status: in_force

When an expense has been incurred by any health officer, sheriff or bonded constable in the execution of the duties required by the provisions of this Code or other statute relating to public health, said health officer, sheriff or bonded constable, as the case may be, shall have the right of action against the person responsible for the said expense for the recovery of the same; but no more than is fair and reasonable shall be recovered, as the court or jury shall determine.
Ala. Code § 11-3-16 — Alabama Code / Title 1 / Chapter 3 / Section 11-3-16
Section 11-3-16 Operation, Etc., of Bridges Over Navigable, Etc., Streams - Joint Operation, Etc., by Several Counties
Status: in_force

The several counties of the state through their respective county commissions shall have the authority to contract with each other on such terms or basis as to them may seem satisfactory for the joint taking over, leasing, maintenance, and operation of such bridges and for meeting such contractual obligations as are provided for in Section 11-3-15 for liability accruing to such counties on account of accidents or injuries that may arise from the operation of such bridges.
Ala. Code § 22-19-44 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-44
Section 22-19-44 Modes of Executing Gift
Status: in_force

(a) A gift of all or part of the body under subsection (a) of Section 22-19-42 may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

(b) A gift of all or part of the body under subsection (a) of Section 22-19-42 may also be made by document other than a will. The gift becomes effective upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses, who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence and in the presence of two witnesses, who must sign the document in his presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid.

(c) The gift may be made either to a specified donee or without naming a donee. If the donee is not named, the attending physician may accept as donee upon or following death. If the gift is made to a specified donee who is not available at the time and place of death, the attending physician may, in the absence of any expressed indication that the donor desired otherwise, accept the gift as donee. The physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(d) The donor may designate in his will, card or other document of gift the surgeon or physician to carry out the appropriate procedures. In the absence of a designation, or if the designee is not available, the donee or other person authorized to accept the gift may comply or authorize any surgeon or physician for the purpose.

(e) Any gift by a person designated in subsection (b) of Section 22-19-42 shall be made by a document signed by him or made by his telegraphic, recorded telephonic or other recorded message.
Ala. Code § 11-5-51 — Alabama Code / Title 1 / Chapter 5 / Section 11-5-51
Section 11-5-51 Reimbursement of Expenses
Status: in_force

The actual expenses incurred by the coroner in performing the duties set out herein shall be reimbursed as follows: If the autopsy or any other postmortem examination is ordered as provided in Section 36-18-2, the costs incurred for storage and transportation of the body to a facility operated by the Department of Forensic Sciences for the purpose of performing the autopsy or any other postmortem examination shall be paid by the law enforcement agency, excluding the office of the district attorney or grand jury, with primary jurisdiction over the investigation surrounding the death.
Ala. Code § 1-2-8 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-8
Section 1-2-8 State Salt Water Fish
Status: in_force

The tarpon is hereby designated and named the official state salt water fish of Alabama.
Ala. Code § 22-12-19 — Alabama Code / Title 1 / Chapter 12 / Section 22-12-19
Section 22-12-19 Establishment of Place of Detention
Status: in_force

The authorities of any incorporated city or town may establish a place of detention for persons who may come from territory under quarantine by such incorporated city or town; but if the place selected is without the limits of the town or city, the assent of the county commission in which such place is located must be obtained.
Ala. Code § 22-28A-2 — Alabama Code / Title 1 / Chapter 28A / Section 22-28A-2
Section 22-28A-2 Legislative Findings
Status: in_force

The Legislature of Alabama hereby finds as follows:

(1) The United States is a signatory to the 1992 United Nations Framework Convention on Global Climate Change (FCCC).

(2) The Kyoto Protocol to expand the scope of the FCCC was negotiated in December 1997, in Kyoto, Japan, requiring the United States to reduce emissions of greenhouse gases such as carbon dioxide and methane by seven percent from 1990 emission levels during the period 2008 to 2012, with similar reduction obligations for other major industrial nations.

(3) Developing nations, including China, India, Mexico, Indonesia, and Brazil are exempt from greenhouse gas emission limitation requirements in the FCCC.

(4) Developing nations refused in the Kyoto negotiations to accept any new commitments for greenhouse gas emission limitations through the Kyoto Protocol or other agreements.

(5) With respect to new commitments under the FCCC, President Clinton pledged on October 22, 1997, that the United States would not assume binding obligations unless key developing nations meaningfully participate in this effort.

(6) On July 25, 1997, the United States Senate adopted Senate Resolution No. 98 by a vote of 95-0, expressing the Sense of the Senate that, inter alia, the United States should not be a signatory to any protocol or other agreement regarding the Framework Convention on Climate Change that would require the advice and consent of the Senate to ratification, and would mandate new commitments to mitigate greenhouse gas emissions for the Developed Country Parties, unless the protocol or other agreement also mandates specific scheduled commitments within the same compliance period to mitigate greenhouse gas emissions for Developing Country Parties.

(7) The Kyoto Protocol fails to meet the tests established for acceptance of new climate change commitments by President Clinton and by U.S. Senate Resolution No. 98.

(8) Achieving the emission reductions proposed by the Kyoto Protocol would require more than a 35 percent reduction in projected United States carbon dioxide and other greenhouse gas emissions during the period 2008 to 2012.

(9) Developing countries exempt from emission limitations under the Kyoto Protocol are expected to increase their rates of fossil fuel use over the next two decades, and to surpass the United States and other industrialized countries in total emissions of greenhouse gases.

(10) Increased emissions of greenhouse gases by developing countries would offset any potential environmental benefits associated with emissions reductions achieved by the United States and by other industrial nations.

(11) Economic impact studies by the U.S. Government estimate that legally binding requirements for the reduction of U.S. greenhouse gases to 1990 emission levels would result in the loss of more than 900,000 jobs in the United States, sharply increased energy prices, reduced family incomes and wages, and severe losses of output in energy-intensive industries such as aluminum, steel, rubber, chemicals, and utilities.

(12) The failure to provide for commitments by developing countries in the Kyoto Protocol creates an unfair competitive imbalance between industrial and developing nations, potentially leading to the transfer of jobs and industrial development from the United States to developing countries.

(13) Federal implementation of the Kyoto Protocol, if ratified by the United States Senate, would entail new federal legislation whose form and requirements cannot be predicted at this time, but could include national energy taxes or emission control allocation and trading schemes that would preempt state-specific programs intended to reduce emissions of greenhouse gases.

(14) Piecemeal or other uncoordinated state regulatory initiatives intended to reduce emissions of greenhouse gases may be inconsistent with subsequent congressional determinations concerning the Kyoto Protocol, and with related federal legislation implementing the Kyoto Protocol.

(15) Individual state responses to the Kyoto Protocol, including development of new regulatory programs intended to reduce greenhouse gas emissions, are premature prior to Senate ratification of that protocol, in its current or amended form, and congressional enactment of related implementing legislation.
Ala. Code § 22-25B-7 — Alabama Code / Title 1 / Chapter 25B / Section 22-25B-7
Section 22-25B-7 Fees and Penalties
Status: in_force

The costs of administering this chapter by the PSC, ADEM, and ADPH shall be funded from certification fees, permit fees, and regulatory fees paid by the wastewater management entities. All fees and revenue of any kind generated as a result of the operation of this chapter shall be deposited to the credit of the PSC, ADEM, and ADPH as set forth below, and shall be continuously appropriated to the PSC, ADPH, and ADEM to implement and administer this chapter as follows:

(1) The PSC is authorized to charge and collect from the wastewater management entity a fee for the processing and review of applications for and issuance of certifications as may be established by rules of the PSC.

(2) The ADPH is authorized to charge and collect from any wastewater management entity applying for a permit a fee as established by rules of the State Board of Health.

(3) The ADEM is authorized to charge and collect from any wastewater management entity applying for a permit a fee as established by rules of ADEM.

(4) In addition to any permit fee collected by either ADEM or ADPH, the departments are authorized to collect from each certified wastewater management entity, and each certified wastewater management entity shall pay to either ADPH or ADEM according to the department’s jurisdiction as set out in this chapter, a regulatory fee in the amount of four percent of annual gross receipts, payable quarterly on the wastewater systems each regulates.

(5) Any fees authorized pursuant to this chapter shall be limited to the amount necessary to carry out the activities required in this chapter.
Ala. Code § 22-19-71.1 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-71.1
Section 22-19-71.1 Promotion of Organ Donation through the Application and Renewal Process for Driver’s Licenses
Status: in_force

(a) This section shall be named Angelynn and Courtney’s Law.

(b) The Legislature finds:

(1) There is an acute need for organ donors in Alabama and throughout the nation.

(2) According to the United Network for Organ Sharing, more than 121,000 people are waiting for an organ transplant nationally, and a new person is added to the waiting list every 18 minutes.

(3) In Alabama, more than 3,300 people are waiting for an organ transplant.

(4) For an average of 19 people per day, the wait is too long and they die before a suitable organ is available.

(5) The Revised Uniform Anatomical Gift Act currently provides for notice of intent to make an organ donation upon the donor’s death.

(6) A checkoff on a driver’s license to be an organ donor has been a very successful way to encourage organ donation, but more can be done to provide greater education and public awareness regarding the decision to become an organ donor.

(c) Effective by January 1, 2017, the Alabama State Law Enforcement Agency shall create and implement a program promoting organ donation through the application or renewal process for driver’s licenses. The Alabama State Law Enforcement Agency shall provide brochures and other information on organ donation at all driver’s license offices as provided by the federally certified Alabama Organ Procurement Organization or as otherwise determined by the Alabama State Law Enforcement Agency.
Ala. Code § 22-29-4 — Alabama Code / Title 1 / Chapter 29 / Section 22-29-4
Section 22-29-4 Incorporation - Application
Status: in_force

The Governor, the State Health Officer and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants;

(2) The date on which each applicant was inducted into office and the term of office of each of the applicants;

(3) The name of the proposed corporation, which shall be “Alabama Pollution Control Finance Authority;”

(4) The location of the principal office of the proposed corporation; and

(5) Any other matters relating to the corporation which the applicants may choose to insert and which are not inconsistent with this chapter or the laws of the state.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the state to take acknowledgments to deeds. If upon examination of the application it is found that it substantially complies with the requirements of this chapter, the Secretary of State shall receive and file the application and record it in an appropriate book of records.
Ala. Code § 22-19-61 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-61
Section 22-19-61 Immunity from Civil Liability of Officers and Employees of Alabama State Law Enforcement Agency
Status: in_force

The officers and employees of the Alabama State Law Enforcement Agency shall be immune from any civil liability for any acts or omissions in carrying out the provisions of this division.
Ala. Code § 22-17-11 — Alabama Code / Title 1 / Chapter 17 / Section 22-17-11
Section 22-17-11 Use of Shop or Parlor as Dormitory
Status: in_force

No person shall use a barbershop or beauty parlor as a dormitory, nor shall any operator of a barber shop or beauty parlor permit said establishment to be so used.
Ala. Code § 22-21B-6 — Alabama Code / Title 1 / Chapter 21B / Section 22-21B-6
Section 22-21B-6 Construction with Abortion Statutes
Status: in_force

Nothing in this chapter shall be construed to permit or require the violation of any Alabama statute, regulation, or other provision of law that regulates or provides rights, duties, obligations, or limitations related in any way to abortion.
Ala. Code § 22-35-6 — Alabama Code / Title 1 / Chapter 35 / Section 22-35-6
Section 22-35-6 Alabama Underground and Aboveground Storage Tank Trust Fund Management Board Created; Composition; Powers and Duties; Compensation
Status: in_force

(a) There is hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board, hereinafter referred to as the “management board,” comprised of nine voting members: One member appointed by the Governor for a three-year term, one member appointed by the Lieutenant Governor for a three-year term, one member appointed by the Senate President Pro Tempore for a two-year term, one member appointed by the Speaker of the House of Representatives for a two-year term, and one member appointed by the Speaker Pro Tempore for a one-year term, all of whom are from a list of qualified individuals for each position provided by the governing body of the Petroleum and Convenience Marketers of Alabama; and additionally, one member appointed by the Speaker of the House of Representatives for a one-year term from a list of qualified individuals provided by the governing body of the Southern Gasoline Retailers and Automotive Services Association; one member appointed by the Governor for a three-year term from the Alabama Petroleum Council; one member appointed by the Governor for a one-year term from a list of qualified individuals nominated by the governing body of the Alabama Petroleum Equipment Contractors Association who represent a company that is a vendor of petroleum dispensing equipment; and one member appointed by the Lieutenant Governor for a two-year term from the list of approved trust fund contractors who represent a company that is a response action contractor. Each shall be a bona fide resident of the State of Alabama.

The membership of the committee shall reflect the racial, ethnic, gender, urban/rural, and economic diversity of the state, if possible.

(b) Initial board members shall be appointed within 30 days of September 30, 2003, and shall begin serving immediately upon appointment, until confirmed or rejected by the Senate. Subsequent board members shall serve three-year terms. Each term shall expire on September 30th. Board members are eligible for appointment to more than one term. Each board member shall be subject to confirmation by the Senate and shall serve after the expiration of his or her term until his or her successor shall be duly appointed and qualified.

(c) The board shall oversee the operation and review the implementation of the fund to accomplish the intended purposes and advise the Legislature and the department as appropriate; shall review and make recommendations to the department on determinations of fund ineligibility; shall review and make recommendations to the department on compensation and performance of response action contractors and oversee the claims process; and may incur expenses to carry out the duties imposed in this chapter. Prior to the promulgation of any proposed regulation dealing with the administration of the fund, the department shall receive the approval of the management board. The board shall provide the department a response to its request for approval within 60 days of receipt of such request unless such other time is mutually agreed upon by the department and the management board.

(d) The board shall elect annually a chair, vice chair, and a secretary-treasurer from its members. A majority of the board shall constitute a quorum for the transaction of business. The board may employ personnel and arrange for assistance, services, and supplies as it requires for the performance of its duties.

(e) Each member of the board shall receive a per diem consistent with the per diem allowed by other comparable boards and consistent with applicable state laws for attending sessions of the board or its subcommittees and for the time spent in necessary travel to attend meetings of the board or its subcommittees. In addition, each member of the board shall be reimbursed for travel and clerical expenses incurred in carrying out this chapter. Expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including, but not limited to, authorized compensation, additional legal services, experts, clerks, and supplies, shall be paid out of the fund.
Ala. Code § 22-21-296 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-296
Section 22-21-296 Procedure for Settlement of Disputes
Status: in_force

All disputes between a county and a regional referral hospital shall be resolved by action in the circuit court of the county in which the regional referral hospital is located.
Ala. Code § 22-35-2 — Alabama Code / Title 1 / Chapter 35 / Section 22-35-2
Section 22-35-2 Short Title
Status: in_force

This chapter may be cited as the “Alabama Underground and Aboveground Storage Tank Trust Fund Act.”
Ala. Code § 22-24-4 — Alabama Code / Title 1 / Chapter 24 / Section 22-24-4
Section 22-24-4 Supervision of Drilling or Repair by Licensed Driller
Status: in_force

It shall be unlawful for any person to operate any equipment or machinery in the drilling or repair of a water well unless the overall operation is, at all times, under the supervision and management of a licensed water well driller as provided for in this chapter.
Ala. Code § 22-35-12 — Alabama Code / Title 1 / Chapter 35 / Section 22-35-12
Section 22-35-12 Liability of Underground and Aboveground Storage Tank Owner
Status: in_force

This chapter is to assist the underground and aboveground storage tank owner to the extent provided for in this chapter, but not to relieve the owner of any liability that cannot be satisfied by the provisions of this chapter.
Ala. Code § 22-17B-2 — Alabama Code / Title 1 / Chapter 17B / Section 22-17B-2
Section 22-17B-2 Restrictions on Use of Tanning Devices
Status: in_force

The use of a tanning device at a tanning facility in this state is subject to the following restrictions:

(1) No person 16 or 17 years of age shall use a tanning device unless a parent or legal guardian provides written consent signed at the tanning facility.

(2) No person 15 years of age shall use a tanning device unless a parent or legal guardian provides written consent signed at the tanning facility and the parent or legal guardian who signed the written consent is present in the facility during the operation of the device.

(3) No person 14 years of age or under shall use a tanning device unless prescribed by a physician; provided, however, that a person 14 years of age or under may receive a spray tan.

(4) No person shall use a tanning device without the use of protective eyewear.
Ala. Code § 22-19-123 — Alabama Code / Title 1 / Chapter 19 / Section 22-19-123
Section 22-19-123 Adherence to Quality Assurance Standards
Status: in_force

Any person providing any service pertaining to the acquisition and/or transportation of donor organs, bones and tissues retrieved in Alabama, shall strictly adhere to and follow the established quality assurance standards of proficiency and fitness and measures and procedures as established and promulgated by the chairman.
Ala. Code § 22-21-21 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-21
Section 22-21-21 Purpose of Article
Status: in_force

The purpose of this article is to promote the public health, safety and welfare by providing for the development, establishment and enforcement of standards for the treatment and care of individuals in institutions within the purview of this article and the establishment, construction, maintenance and operation of such institutions which will promote safe and adequate treatment and care of individuals in such institutions.
Ala. Code § 11-14-14 — Alabama Code / Title 1 / Chapter 14 / Section 11-14-14
Section 11-14-14 Levy of Tax and Issuance of Proposals for Erection or Repair of County Jail
Status: in_force

It is the duty of the county commission, if there is not a sufficient jail in its county, to levy a county tax for the erection thereof and cause proposals to be issued for building or repairing the same within 12 months thereafter.
Ala. Code § 22-4A-3 — Alabama Code / Title 1 / Chapter 4A / Section 22-4A-3
Section 22-4A-3 Determination and Prioritization of Medically Underserved Areas
Status: in_force

The board may assist in determining and prioritizing the medically underserved areas where there exist unmet needs for family physicians.
Ala. Code § 22-21-415 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-415
Section 22-21-415 Studies and Publication of Information
Status: in_force

The department may conduct studies and publish information based upon the discharge data obtained pursuant to this article, provided the studies and published information do not include information in a form which could be used to identify any patient or violate HIPAA.
Ala. Code § 22-18-41 — Alabama Code / Title 1 / Chapter 18 / Section 22-18-41
Section 22-18-41 Advanced Life Support Techniques; Procurement, Carriage, and Use of Drugs and Fluids; Performance of Services
Status: in_force

(a) The board may by rule designate certain procedures as advanced life support techniques, which may be performed by EMSP during emergencies, such as situations where the life, health, or safety of a prehospital patient is in immediate jeopardy. The board may prescribe by rule the qualifications and certification necessary for personnel performing advanced life support techniques, and the specific conditions under which the techniques may be performed by EMSP. Notwithstanding any statutory provision to the contrary, EMSP who possess the necessary qualifications and certification prescribed by the board shall not be deemed to have engaged in the unlawful practice of medicine when performing advanced life support techniques in accordance with the constraints established by the board.

(b) Fluids and drugs may be carried only by a properly licensed provider service . A licensed provider service may purchase necessary drugs and fluids from any reliable source, including wholesalers, distributors, and hospitals. Provider services shall purchase, maintain, and administer fluids and drugs in accordance with regulations promulgated by the board.

(c) EMSP may perform services only pursuant to the protocols approved by the board. EMSP may accept orders to perform advanced life support techniques only from medical direction physicians who have completed medical direction training prescribed by the board and hold a current medical direction number.
Ala. Code § 22-29-8 — Alabama Code / Title 1 / Chapter 29 / Section 22-29-8
Section 22-29-8 Bonds - Authorization to Issue and Sell; Security for Payment
Status: in_force

For the purpose of providing funds for the state to make grants to local public bodies for a project or projects or for the payment of obligations incurred or a temporary loan made for any of said purposes, the authority is hereby authorized, from time to time, to issue and sell its bonds, not exceeding in the aggregate principal amount, however, $30,000,000.00.

Such bonds may be issued in one or more series, shall be in such form and denominations and of such tenor and maturities, not exceeding 40 years from the date of issue of each series, shall bear such rate or rates of interest, payable and evidenced in such manner, may contain such provisions for registration or for redemption prior to maturity and may contain such other provisions not inconsistent with this section as may be provided by the authorizing resolution. As security for the payment of the principal of and interest on its bonds, the authority is authorized to pledge, transfer and assign any obligations of each local public body, payable to the authority and the security for such obligation.
Ala. Code § 11-4-30 — Alabama Code / Title 1 / Chapter 4 / Section 11-4-30
Section 11-4-30 Settlement with County Commission Prior to Leaving Office
Status: in_force

The treasurer of each county before going out of office shall make a settlement with the county commission of the county and shall pay over the balance of the money on hand to the order of the said county commission to the credit of said county.
Ala. Code § 22-4-5 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-5
Section 22-4-5 Adoption, Revision, Etc., of Rules, Regulations, Standards, Etc., by State Board of Health; Appeals Therefrom; State Board of Health Not to Discriminate Among Branches of Healing Arts in Administration of Funds
Status: in_force

(a) The State Board of Health, with the advice and consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered to adopt, revise, abolish, promulgate and publish rules, regulations, standards and procedures for:

(1) The preparation of the preliminary State Health Plan and the State Medical Facilities Plan;

(2) The administration of the State Health Plan and of the State Medical Facilities Plan after approval by the Statewide Health Coordinating Council;

(3) The construction and operation of health care facilities established under the State Medical Facilities Plan; and

(4) Such other matters as may be necessary to carry out the intent and purpose of this article.

(b) The State Board of Health is also authorized and empowered to establish and maintain procedures pursuant to which any person or organization may appeal a decision of the State Board of Health under this article and will be granted a fair hearing by a hearing officer appointed by the Governor to conduct such hearing.

(c) In making its initial regulations, and any amendments or rescissions thereof, the board shall give as wide publicity among all persons, firms, corporations, health care facilities and other enterprises as are likely to be affected by or interested in said regulations as is practicable to do at least 30 days prior to the date set by the board for hearing and determination of such rules and regulations. All hearings shall be joint hearings set by the State Board of Health and the Statewide Health Coordinating Council at Montgomery, Alabama. At such hearings any interested person, firm, corporation or health care facility or any member of the public may be heard.

(d) Any person, firm, corporation or health facility affected by the initial rules and regulations or any amendment or rescission thereof may appeal consideration thereof to the Circuit Court of Montgomery County within 30 days from the adoption of same following the hearing provided by giving security for costs and the filing of a complaint with the court, setting forth the interest of the appellant, the ruling complained of and the facts upon which the appellant appeals for relief. Upon appeal, the questions of reasonableness of such regulations shall be a question of fact for the court to determine, and no presumption shall be indulged that the regulations adopted were and are reasonable regulations.

(e) Regulations adopted under this section shall become effective upon the expiration of 30 days from the date of adoption, amendment or rescission or, if an appeal has been taken, upon the final disposition of the appeal.

(f) From any judgment of the circuit court in any case appealed to it, an appeal shall lie to the Supreme Court of Alabama within 42 days from the date of entry of the judgment in the same manner as other appeals authorized by law, and no presumption shall be indulged by the supreme court as to the correctness of the trial court’s finding of facts.

(g) Nothing contained in this section shall authorize the State Board of Health to make rules and regulations concerning the practice of chiropractic, dentistry, optometry or any of the healing arts.

(h) All funds available to the State Board of Health in carrying out the purposes of this article shall be administered without discrimination in respect to the several branches of the healing arts.
Ala. Code § 22-21-180 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-180
Section 22-21-180 Eminent Domain
Status: in_force

The corporation shall not have the power of eminent domain.
Ala. Code § 11-3-13 — Alabama Code / Title 1 / Chapter 3 / Section 11-3-13
Section 11-3-13 Adoption of Budget System for County; Appropriation of Funds for Payment of Actual Expenses
Status: reserved

Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
Ala. Code § 22-8A-2 — Alabama Code / Title 1 / Chapter 8A / Section 22-8A-2
Section 22-8A-2 Legislative Intent
Status: in_force

The Legislature finds that competent adult persons have the right to control the decisions relating to the rendering of their own medical care, including, without limitation, the decision to have medical procedures, life-sustaining treatment, and artificially provided nutrition and hydration provided, withheld, or withdrawn in instances of terminal conditions and permanent unconsciousness. In order that the rights of individuals may be respected even after they are no longer able to participate actively in decisions about themselves, the Legislature hereby declares that the laws of this state shall recognize the right of a competent adult person to make a written declaration instructing his or her physician to provide, withhold, or withdraw life-sustaining treatment and artificially provided nutrition and hydration or designate by lawful written form a health care proxy to make decisions on behalf of the adult person concerning the providing, withholding, or withdrawing of life-sustaining treatment and artificially provided nutrition and hydration in instances of terminal conditions and permanent unconsciousness. The Legislature further desires to provide for the appointment of surrogate decision-makers in instances where the individual has not made such a designation and to allow a health care provider to follow certain portable physician orders and orders for pediatric and palliative and end of life care as provided for in this chapter.
Ala. Code § 22-21-276 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-276
Section 22-21-276 Injunctive Relief; Issuance of License for Inpatient Beds or Facilities in Violation of Article Prohibited; Facilities in Violation of Article Not to Receive Reimbursement for Services
Status: in_force

(a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely affected in the exercise of privileges thereunder by such violation or any member of the public directly and adversely affected by such violation. Upon written request by the SHPDA, it shall be the duty of the Attorney General of the State of Alabama to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion.

(b) The State Board of Health shall not issue a license to operate new inpatient beds or any health care facility constructed, or acquired in violation of this article and without a certificate of need issued pursuant to this article.

(c) Any facility or service provided or constructed in violation of this article and without a certificate of need shall not receive reimbursement for services rendered by the health care facility or for the service provided by the facility which is provided in violation of said article without a certificate of need. This provision applies to all reimbursement programs administered by the State of Alabama. Recommendations will be made to other reimbursing agencies that reimbursement be denied.
Ala. Code § 22-40-6 — Alabama Code / Title 1 / Chapter 40 / Section 22-40-6
Section 22-40-6 Records - Transporters
Status: reserved

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
Ala. Code § 22-23-20 — Alabama Code / Title 1 / Chapter 23 / Section 22-23-20
Section 22-23-20 Upgrading of Water Service; Savings
Status: in_force

(a) Any law to the contrary notwithstanding, any water authority that upgrades its water services, including fire hydrants, that results in lower insurance rates for the customers, may enter into contracts with residential customers or business customers to receive the net savings realized for the first through fifth fiscal years thereafter, because of the upgrade.

(b) Any savings from the sixth fiscal year on realized for water service upgrade by a water authority including fire hydrants shall be passed to the residential customers or business customers of the service.
Ala. Code § 22-40A-4 — Alabama Code / Title 1 / Chapter 40A / Section 22-40A-4
Section 22-40A-4 Accumulation and Exposure Limits
Status: in_force

(a) No person may accumulate more than 100 scrap tires, except as a permitted processor, registered receiver, permitted landfill, or transporter who has requested and been granted a storage limit by the department.

(b) No person may expose accumulated scrap tires to the elements for more than 30 days.

(c) A Class One receiver as defined in Section 22-40A-3 may accumulate up to 1,500 scrap tires, or a higher number as set by regulation of the department for those engaged in used tire sales.

(d) A Class Two receiver as defined in Section 22-40A-3 may accumulate up to 300 tires. Provided, however, that Class Two receivers that are tire manufacturers are excluded from the 300-tire limit, provided the tires are not exposed to the elements.
Ala. Code § 11-15-17 — Alabama Code / Title 1 / Chapter 15 / Section 11-15-17
Section 11-15-17 Projects, Income from Leases, Warrants, Etc., Exempt from Taxation
Status: in_force

Each project and the income from all leases made with respect thereto, the warrants issued by the corporation and the income therefrom and all lease agreements and mortgages made pursuant to the provisions hereof shall be exempt from all taxation in the state.
Ala. Code § 11-24-5 — Alabama Code / Title 1 / Chapter 24 / Section 11-24-5
Section 11-24-5 No Jurisdiction Within That of Organized Municipal Planning Commission
Status: reserved

Repealed by Act 2012-297, §4, effective October 1, 2012.
Ala. Code § 11-8-14 — Alabama Code / Title 1 / Chapter 8 / Section 11-8-14
Section 11-8-14 Appointment of Officers and Employees
Status: reserved

Repealed by Act 2007-488, p. 1037, §2, effective September 1, 2007.
Ala. Code § 11-32-24 — Alabama Code / Title 1 / Chapter 32 / Section 11-32-24
Section 11-32-24 Funding - Amount Paid by Authorizing County
Status: in_force

The annual amount to be paid to the authority by the authorizing county is to be ascertained by first determining the amount of ad valorem taxes collected for the county from within the city limits of each municipality served by the authority. The authorizing county shall pay to the authority each year out of its general funds an amount equal to five and one-half percent (5.5%) of the first eighteen million, one hundred eighty-one thousand, eight hundred nineteen dollars ($18,181,819) of ad valorem taxes collected within the city limits of all municipalities served by the authority plus and two and one-half percent (2.5%) of the ad valorem tax collected within the city limits of all municipalities served by the authority in excess of eighteen million, one hundred eighty-one thousand, eight hundred nineteen dollars ($18,181,819). In addition, the governing body of the authorizing county shall, at its sole discretion, make a determination prior to the end of each fiscal year as to the number of residents of the county residing in the unincorporated area thereof having access to services by the authority within reasonable walking distances of their residences, but the number shall not be less than in any preceding year, unless there is a reduction of routes serving the unincorporated area or the annexation of a portion of the unincorporated area served by the authority by a municipality. Such residents shall be deemed to be served by the authority and there shall be paid annually out of the general funds of the authorizing county a sum equal to one dollar ($1.00) per capita of the residents thus deemed to be served.
Ala. Code § 1-2-17 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-17
Section 1-2-17 State Game Bird
Status: in_force

The wild turkey is hereby designated and named the official state game bird for the State of Alabama.
Ala. Code § 22-11A-63 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-63
Section 22-11A-63 Investigation by State Health Officer
Status: in_force

(a) Upon notification of the existence of an infected health care worker, the State Health Officer shall undertake an investigation of the practice of the health care worker. In the investigation, the State Health Officer shall seek advice of individuals and organizations deemed necessary. The investigation shall determine if the infected health care worker performs invasive procedures. If the health care worker is determined not to perform invasive procedures, no review panel shall be established, no restrictions shall be placed on his or her practice, and all information obtained in the investigation shall be confidential as provided for in Section 22-11A-69. If the infected health care worker is determined to perform invasive procedures, the State Health Officer shall cause an expert review panel to be formed. To the extent possible, the review shall be conducted so that the identity of the health care worker shall not be disclosed to the expert review panel. However, disclosure of the health care worker’s identity shall be made when any member of the review panel shall deem it necessary to make a recommendation to the State Health Officer or by the attendance of the infected health care worker at the expert review panel.

(b) The expert review panel may include the physician of the infected health care worker, and shall include the following:

(1) A health care worker with expertise in procedures performed by the infected health care worker chosen by the licensing board of the health care worker, if licensed.

(2) A physician appointed by the State Health Officer with expertise in infectious diseases other than one providing care to the infected health care worker.

(3) A public health physician appointed by the State Health Officer.

(4) Two representatives of the licensing board of the infected health care worker, if licensed, and if the health care worker’s practice is institutionally based, a representative of the affected institution appointed by the institution.

(5) Other individuals determined necessary by the State Health Officer.

(c) The expert review panel formed pursuant to this section shall review the overall practice and procedures performed by the infected health care worker and shall consider:

(1) The procedures performed by the infected health care worker.

(2) The adherence to universal precautions by the infected health care worker.

(3) The past history of the health care worker of occupational injury while performing the invasive procedures.

(4) Any prior evidence of the health care worker related to patient transmission of HIV, HBV, HCV, or other disease designated by the State Board of Health.

(5) The presence of conditions such as dermatitis, dementia, neuropathy, or other conditions that may increase the risk of transmission.

(6) Current Centers for Disease Control and Prevention guidelines on the management of infected health care workers.

(d) The performance of invasive procedures alone shall not present sufficient cause to limit the practice of the infected health care worker. The health care worker is entitled to be present at meetings of the expert review panel and to present any information pertinent to the panel deliberations. All meetings of the expert review panel shall be held in executive session and shall not be open to the public.

(e) The expert review panel shall recommend to the State Health Officer limitations, if any, on the practice of the infected health care worker that are reasonable and necessary to protect the patients of the health care worker and the public. The expert review panel shall also provide recommendations to the State Health Officer about the need to notify patients who previously may have had an invasive procedure performed by an infected health care worker. The State Health Officer shall accept the recommendations of the expert review panel and issue a final order based on the recommendations.

(f) The State Health Officer shall provide a written final order to the infected health care worker specifying those restrictions, limitations, conditions, or prohibitions with which the infected health care worker shall comply in order to continue to engage in medical, dental, podiatric, or nursing practice, or to continue to be employed at a health care facility. If restrictions or conditions limit the practice of the health care worker, the administrator of the institution in which the health care worker practices, the employer of the infected health care worker, and the appropriate licensing board of the infected health care worker shall be provided a copy of the final order of the State Health Officer. For health care workers no longer performing invasive procedures, the final order shall include those notifications as may have been deemed necessary in Section 22-11A-69.

(g) The final order of the State Health Officer may be appealed to the State Committee of Public Health by delivery of written notice of appeal to the State Health Officer not more than 30 days after the date of the State Health Officer’s final order. The appeal may be heard by the State Committee of Public Health in its entirety or may be assigned to an administrative law judge or hearing officer for trial and recommended decision. All hearings, administrative proceedings, and deliberations of the committee in connection with the appeal shall be held in executive session and shall not be open to the public. The committee shall accept, modify, or reject the final order of the State Health Officer.
Ala. Code § 22-6-4 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-4
Section 22-6-4 Copayments by Persons Receiving Medical Services from Physicians Under Program
Status: in_force

(a) All persons eligible to receive Medicaid shall pay the sum of $1.00 for each visit as a copayment for medical services provided by a physician under the Medicaid Program.

(b) The $1.00 copayment shall be collected by the attending physician and credited against the Medicaid payment to the physician for the visit.

(c) The provisions of this section shall become effective only upon the approval of the Department of Health, Education and Welfare of the federal government.
Ala. Code § 22-4-35 — Alabama Code / Title 1 / Chapter 4 / Section 22-4-35
Section 22-4-35 Submission of Reports
Status: in_force

(a) A covered health care reporter shall submit the required reports directly to SHPDA. The reports may be submitted electronically after SHPDA has the capability to accept the reports in an electronic format. SHPDA shall provide for the acceptance of the electronic filing of the mandatory reports within six months of the effective date of rules adopted to carry out this article.

(b) If SHPDA is unable to electronically accept the mandatory reports within 12 months of adoption of the rules necessary to carry out this article, this article shall be null and void.
Ala. Code § 22-23B-9 — Alabama Code / Title 1 / Chapter 23B / Section 22-23B-9
Section 22-23B-9 Signature; Seal
Status: in_force

The bonds of the authority shall be signed by its president or vice-president and attested by its secretary, and the seal of the authority shall be affixed thereto; provided, that a facsimile of the signatures of said officers may be printed or otherwise reproduced on any such bonds in lieu of manual signatures thereon, and a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto.
Ala. Code § 11-30-6 — Alabama Code / Title 1 / Chapter 30 / Section 11-30-6
Section 11-30-6 Chapter Not Intended to Impose Tort Liability Where Not Already Existing by Law
Status: in_force

This chapter is not intended and shall not be construed to subject any county or its officers and employees to liability for tort claims where liability therefor does not already exist by law.
Ala. Code § 22-1-15 — Alabama Code / Title 1 / Chapter 1 / Section 22-1-15
Section 22-1-15 Certification Card for Persons Diagnosed with Autism Spectrum Disorder
Status: in_force

(a) Upon the request of a person medically diagnosed with autism spectrum disorder, or the guardian or caregiver of the person, the Alabama Department of Public Health shall issue a certification card denoting that the person has been medically diagnosed with autism spectrum disorder. The certification card and the person’s driver’s license may be presented to law enforcement as necessary.

(b) The Alabama Department of Public Health shall establish by rule the proof required to be produced by a person medically diagnosed with autism spectrum disorder who requests a certification card under subsection (a).

(c) The department may collect a reasonable fee for the issuance of the certification card as determined by the department.
Ala. Code § 22-21-170 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-170
Section 22-21-170 Definitions
Status: in_force

For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

(1) CORPORATION. A corporation organized pursuant to the provisions of this article.

(2) COUNTY. Any county in this state.

(3) MEMBER. The county that is a member of a corporation organized pursuant to the provisions of this article and each municipality that is at the time a member of such corporation.

(4) SECURITIES. Notes, bonds, certificates of indebtedness, warrants or other evidences of indebtedness.

(5) HOSPITAL. Such term includes the plural as well as the singular and means any one or more of buildings or facilities which serve to promote the public health, either by providing places or facilities for the diagnosis, treatment, cure or convalescence of sick, injured, mentally ill or disturbed persons, or for the prevention of sickness and disease, or for the care, treatment and rehabilitation of alcoholics or for research with respect to any of the foregoing, including, without limiting the generality of the foregoing, hospitals, clinics, sanitoria, nursing homes, offices for persons engaged in the diagnosis, treatment or cure of sick or injured persons or in preventive medicine and buildings to house or service equipment used for the diagnosis or treatment of sick or injured persons or in preventive medicine or the records of such diagnosis or treatment, or research with respect to any of the foregoing or dormitories or residences for hospital personnel and students and other employee-related facilities, together with:

a. All real and personal properties for the location or better utilization of any such buildings and facilities, such as parking structures and areas, garages, storage facilities and out-buildings; and

b. Machinery, equipment, furniture and fixtures useful or desirable in the operation of any of the aforesaid buildings and facilities.

(6) CHIEF EXECUTIVE OFFICER. With respect to a county, the probate judge as ex officio principal judge of the county commission or the president or chairman of such commission and, with respect to a municipality, the mayor, president or chairman of the commission or other chief executive officer of such municipality.

(7) GOVERNING BODY. With respect to a county, the county commission and, with respect to a municipality, the council, commission or other governing body of such municipality.
Ala. Code § 22-11A-5 — Alabama Code / Title 1 / Chapter 11A / Section 22-11A-5
Section 22-11A-5 When State Board of Health to Take Charge of Investigation
Status: in_force

The State Board of Health may take charge of the investigation of an epidemic or of the supression thereof, or both, whenever, in the opinion of the State Health Officer, the public welfare requires such a course of action and, in that event, shall have and exercise all the power and authority that the county board of health and county health officer would have in the premises.
Ala. Code § 11-6-3 — Alabama Code / Title 1 / Chapter 6 / Section 11-6-3
Section 11-6-3 Duties
Status: in_force

It shall be the duty of the said county engineer or chief engineer of the division of public roads, subject to the approval and direction of the county commission to:

(1) Employ, supervise, and direct such assistants as are necessary to construct and maintain properly the county public roads, highways, and bridges;

(2) Perform such engineering and surveying services as may be required to prepare and maintain the necessary maps, plans, and records;

(3) Maintain the necessary accounting records to reflect the cost of constructing and maintaining the county highway system; and

(4) Perform such other duties as are necessary and incident to the operation of the county highway system as directed by the county commission.
Ala. Code § 11-20-80 — Alabama Code / Title 1 / Chapter 20 / Section 11-20-80
Section 11-20-80 Exemption from Certain Municipal Ordinances, Requirements, and Laws
Status: in_force

(a) An agriculture authority and all property in which it may have any ownership, leasehold, or other interest, direct or indirect, is exempt from all municipal planning boards, municipal planning board requirements, and all municipal zoning ordinances and laws. This exemption shall not apply to property owned by a private entity or private entities in which an agriculture authority has no ownership, leasehold, or other interest, direct or indirect.

(b) Any agriculture authority incorporated before May 23, 2023, shall be exempt from any ordinance or regulation of any municipality unless the board of the authority consents to the application of the ordinance or regulation to the authority.
Ala. Code § 22-30F-8 — Alabama Code / Title 1 / Chapter 30F / Section 22-30F-8
Section 22-30F-8 Funding of a Loan
Status: in_force

(a) In order to provide for the funding of a loan by the authority for a project to the public body, such public body shall, to the extent required by the authority as a condition precedent to the making of a loan, establish a dedicated source of revenue to repay the moneys received from the authority and to provide for operation, maintenance, and equipment replacement expenses. Such public body is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:

(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide bond debt service with respect to the bonds of the authority issued to fund the loan for such project.

(2) To levy, collect, and pay over to the authority and to obligate itself to continue to levy, collect, and pay over to the authority the proceeds of any one or more of the following:

a. Any fee or charge for services from any one or more utility systems owned by such public body.

b. Any licenses, permits, taxes, and fees.

c. Any special assessment on the property assessed, cleaned up, or benefited by the project.

d. Other revenue available to the public body.

(3) To undertake and obligate itself to pay its contractual obligation to the authority solely from the proceeds from any one or more of the sources specified in subdivision (2), or to impose upon itself a general obligation pledge to the authority additionally secured by a pledge of any one or more of such sources.

(4) To obligate itself to continue to levy and collect such revenues, fees, and charges in such amounts as shall be required by the authority.

(5) As evidence of its obligation to repay any loan made by the authority, to issue its bonds, warrants, or other obligations.

(6) To enter into such agreements, to perform such acts, and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund a loan to the public body to aid it in the construction or acquisition of a project.

(b) In the event of default, the authority may cause all principal and interest on any loan to be immediately due and payable and utilize all available remedies under state law.

(c) All loans made by the authority shall provide that repayment of such loans shall begin not later than one year after certification of completion of the project, pursuant to subdivision (6) of subsection (c) of Section 22-30E-9, for which such loan was made and shall be repaid in full no later than 10 years after completion of such certification.

(d) The recipients of loans shall maintain project accounts in accordance with generally accepted government accounting standards.
Ala. Code § 22-21-352 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-352
Section 22-21-352 Further Provision for Amendment of Certificates of Incorporation or Reincorporation
Status: in_force

(a) Except as otherwise provided in the last sentence of this subsection, any authority that now exists, or that is hereafter organized or reincorporated (as the case may be) pursuant to the provisions of the enabling statute, shall have the power to amend its certificate of incorporation or certificate of reincorporation, in the manner hereinafter provided, so as to provide:

(1) That the governing body of an authorizing subdivision empowered (either alone or jointly with the governing body or bodies of one or more other authorizing subdivisions) to elect or appoint one or more directors shall so elect or appoint all or any of such directors only from a list of nominees, as provided in subdivision (2) below, proposed by the board and otherwise qualified, in accordance with law and with the terms of such certificate of incorporation or certificate of reincorporation (as the case may be), or any amendment thereto made pursuant to the provisions of the enabling statute, to serve as a director; and

(2) That in the case of a vacancy resulting from the expiration of the stated term of office of any such director, the board shall, not more than 90 nor less than 10 days prior to the expiration of such term of office (or in case of a vacancy resulting from the death or resignation of any such director or from a cause other than the expiration of the stated term of office of any such director, within 30 days following the occurrence of such vacancy):

a. By resolution duly adopted, propose a list of nominees (not less than three in number) for each place or seat on the board that is or is to become vacant as aforesaid; and

b. Cause a certified copy of such resolution to be filed with the governing body of the authorizing subdivision or subdivisions empowered to elect or appoint such director.

To amend its certificate of incorporation or certificate of reincorporation so to provide, the board shall first adopt a resolution approving and authorizing such an amendment to the certificate of incorporation or certificate of reincorporation (as the case may be) of the authority, which amendment shall be set forth in full in the said resolution. Within 40 days following the adoption of such resolution, the chairman and the secretary of the authority shall sign and file for record, in the office of the judge of probate of the county in which the original certificate of incorporation or certificate of reincorporation (as the case may be) of the authority was filed, a certificate in the name and on behalf of the authority, under its seal, reciting the adoption of such resolution by the board and setting forth the proposed amendment. The said judge of probate shall thereupon record such certificate in an appropriate book in his office. When such certificate has been so filed and recorded, such amendment shall become effective without any further consents or approvals (including, without limitation, any consents or approvals that would otherwise be required by law for amendments to such certificate of incorporation or certificate of reincorporation, as the case may be), and the certificate of incorporation or certificate of reincorporation (as the case may be) of such authority shall thereupon be amended to the extent provided in such amendment. The preceding provisions of this subsection shall not, however, apply to any authority if its certificate of incorporation or certificate of reincorporation (as the case may be), or any amendment thereto made pursuant to the provisions of the enabling statute, expressly denies to such authority the power to amend its certificate of incorporation or certificate of reincorporation as provided in this subsection.

(b) Nothing in this section shall be construed to prohibit the inclusion in the original certificate of incorporation or certificate of reincorporation of any authority (or in any amendment thereto made pursuant to the provisions of the enabling statute) of provisions requiring the election or appointment of any director of such authority by the governing body of an authorizing subdivision (either alone or jointly with the governing body or bodies of one or more other authorizing subdivisions) from a list of nominees proposed by the board, provided that the number of directors elected or appointed by the governing body or bodies of one or more authorizing subdivisions without reference to any list of nominees (whether proposed by the board or otherwise) or other condition, is at least a majority of the total number of directors, it being understood and intended by the Legislature, however, that in the case of an amendment to the certificate of incorporation or certificate of reincorporation made pursuant to the provisions of the preceding subsection (a), there shall be no limit on the number of directors that may be elected or appointed by the governing body or bodies of the authorizing subdivisions only from a list of nominees proposed by the board.
Ala. Code § 1-2-10 — Alabama Code / Title 1 / Chapter 2 / Section 1-2-10
Section 1-2-10 State Horse
Status: in_force

The racking horse is hereby designated and named the official state horse of Alabama.
Ala. Code § 11-22-12 — Alabama Code / Title 1 / Chapter 22 / Section 11-22-12
Section 11-22-12 Temporary Borrowing
Status: in_force

The corporation may, in addition to the other powers granted in this chapter, borrow money for temporary use for any of its corporate purposes and in evidence of such borrowing issue from time to time revenue bonds or notes maturing not later than 18 months from date of issuance. Any such temporary borrowing may be made in anticipation of the sale and issuance of long-term bonds, and in such event the principal proceeds from the sale of such long-term bonds shall, to the extent necessary, be used for payment of the principal of and the interest on the temporary bonds or notes issued in anticipation of the sale and issuance of such long-term bonds. Any such temporary borrowing may also be made with respect to a project simultaneously with or after the sale and issuance of long-term bonds issued with respect to such project if, under the terms of the proceedings under which such long-term bonds are issued, the proceeds therefrom or any part thereof may not be used or released until completion of the project with respect to which issued or other similar contingency. In such case, the principal proceeds from the long-term bonds shall, when released and to the extent necessary, be applied for payment of the principal of and the interest on such temporary bonds or notes.
Ala. Code § 22-27-1 — Alabama Code / Title 1 / Chapter 27 / Section 22-27-1
Section 22-27-1 Short Title
Status: in_force

This article shall be known as the “Solid Wastes and Recyclable Materials Management Act.”
Ala. Code § 11-3-8 — Alabama Code / Title 1 / Chapter 3 / Section 11-3-8
Section 11-3-8 Scheduling of Regular and Special Meetings
Status: in_force

(a) At the first county commission meeting held pursuant to Section 11-3-1 following each election of county commissioners, the county commission shall establish the day or days of each month on which regular meetings of the county commission shall be held. A county commission, by resolution, may alter the regular meeting days as necessary. The regular meeting days and the time and place where the meetings will be held shall at all times be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of the schedule of regular meetings of the county commission.

(b) A county commission may schedule a special meeting when determined necessary in writing by a majority of the members of the commission, or in case of an emergency, upon call of the chair. The purpose for and agenda of the meeting shall be included in all public notices of the meeting, and no other items shall be considered at the special meeting. Upon scheduling, except in an emergency, at least five days prior to the special meeting, notice of the meeting time, place, and agenda shall be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of special meetings of the county commission.

(c) When a regular meeting day of a county commission falls on a legal public holiday, the county commission may meet on any day of the following week instead of on the holiday, or at another time determined by the county commission, provided that at least five days prior to the meeting, notice of the meeting time and place shall be posted in a public and conspicuous location in the courthouse and in other public buildings determined appropriate by the county commission and shall be forwarded to all local news media who have on file with the county commission a written request for notification of the schedule of regular meetings of the county commission.

(d) All meetings scheduled and held as provided herein shall be deemed to be in compliance with the notice provisions of Chapter 25A of Title 36.
Ala. Code § 22-21-28 — Alabama Code / Title 1 / Chapter 21 / Section 22-21-28
Section 22-21-28 Rules and Regulations
Status: in_force

(a) In the manner provided in this section, the State Board of Health, with the advice and after approval by the advisory board, shall have the power to make and enforce, and may modify, amend, and rescind, reasonable rules and regulations governing the operation and conduct of hospitals as defined in Section 22-21-20. All such regulations shall set uniform minimum standards applicable alike to all hospitals of like kind and purpose in view of the type of institutional care being offered there and shall be confined to setting minimum standards of sanitation and equipment found to be necessary and prohibiting conduct and practices inimicable to the public interest and the public health. The board shall not have power to promulgate any regulation in conflict with law nor power to interfere with the internal government and operation of any hospital on matters of policy. The procedure for adopting, amending, or rescinding any rules authorized by this article shall conform to the Alabama Administrative Procedure Act. At any public hearing called for the purpose of soliciting public comment on proposed rules, any interested hospital or any member of the public may be heard.

(b) Any person affected by any regulation, amendment, or rescission thereof may appeal consideration thereof to the circuit court of the county of that person’s residence or in which that person does business or to the Circuit Court of Montgomery County, pursuant to the Alabama Administrative Procedure Act. And upon appeal the question of the reasonableness of such regulation shall be a question of fact for the court to determine, and no presumption shall be indulged that the regulation adopted was and is a reasonable regulation.

(c) Regulations adopted under this section shall become effective as provided in the Alabama Administrative Procedure Act.
Ala. Code § 22-30-15.1 — Alabama Code / Title 1 / Chapter 30 / Section 22-30-15.1
Section 22-30-15.1 Penalty for Violation of Safety and Hazardous Materials Regulations
Status: reserved

Repealed by Act 98-493, p. 952, §5, effective August 1, 1998.
Ala. Code § 22-6-9 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-9
Section 22-6-9 Medicaid Identification Card; Issuance and Use; Confidentiality of Recipient
Status: in_force

(a) The Department of Human Resources shall issue to all eligible recipients a special color picture medicaid identification card, which shall be separate from and entirely distinct from the valid color picture driver license or non-driver identification card. The Medicaid identification card shall be issued only on presentation of proper identification and evidence of medicaid eligibility. The identification card shall be used as identification to providers of medical service, and the identification card shall contain a suitable medium which when used with a suitable data processing system, to be developed by the Department of Human Resources with the technical assistance and advice of the Alabama Criminal Justice Information Center, can provide real-time verification of Medicaid eligibility by the provider.

(b) The Department of Human Resources shall make provision for adequate protection of the confidentiality of the Medicaid recipient.

(c) The provisions of this section are not severable. If any part of this section is declared invalid or unconstitutional, the entire section shall be declared invalid or unconstitutional.

(d) The provisions of this section shall not be effective if they are found by a court of competent jurisdiction to contravene federal laws or federal regulations applicable to the Medicaid Program which would cause the State of Alabama to become ineligible to receive federal Medicaid funds.

(e) The provisions of this section shall become operational and shall be implemented no later than January 1, 1981.
Ala. Code § 11-9-20 — Alabama Code / Title 1 / Chapter 9 / Section 11-9-20
Section 11-9-20 Definitions
Status: in_force

Wherever used in this article, unless a different meaning clearly appears in the context, the following terms shall be given the respective interpretations specified in this section:

(1) COUNTY. Each county in the state.

(2) GOVERNING BODY. The county commission of a county.

(3) MUNICIPALITY. A municipal corporation in the state.

(4) STATE. The State of Alabama.

(5) WATERWORKS SYSTEM. Facilities for the gathering, collecting, impounding, treatment, transmission and distribution or any of them of water for domestic use or for industrial use or both, together with all appurtenances to any such facilities and all property used or useful in connection with such facilities, including franchises.
Ala. Code § 22-13-34 — Alabama Code / Title 1 / Chapter 13 / Section 22-13-34
Section 22-13-34 State Health Officer Authorized to Enter into Agreements to Exchange Confidential Information with Other Cancer Registries and to Furnish Confidential Information to Other States, Cancer Registries, Etc
Status: in_force

(a) The State Health Officer may enter into agreements to exchange confidential information with other cancer registries to obtain complete reports of Alabama residents diagnosed or treated in other states and to provide information to other states regarding their residents diagnosed or treated in Alabama.

(b) The State Health Officer may furnish confidential information to other states’ cancer registries, federal cancer control agencies, or health researchers in order to collaborate in a national cancer registry or to collaborate in cancer control and prevention research studies.
Ala. Code § 22-6-153 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-153
Section 22-6-153 Contract to Provide Medical Care to Medicaid Beneficiaries; Enrollment; Grievance Procedures; Duties of Medicaid Agency
Status: in_force

(a) Subject to approval of the federal Centers for Medicare and Medicaid Services, the Medicaid Agency shall enter into a contract in each Medicaid region for at least one fully certified regional care organization to provide, pursuant to a risk contract under which the Medicaid Agency makes a capitated payment, medical care to Medicaid beneficiaries. However, the Medicaid Agency may enter into a contract pursuant to this section only if, in the judgment of the Medicaid Agency, care of Medicaid beneficiaries would be better, more efficient, and less costly than under the then existing care delivery system. The Medicaid Agency may contract with more than one regional care organization in a Medicaid region. Pursuant to the contract, the Medicaid Agency shall set capitation payments for the regional care organization.

(b) The Medicaid Agency shall enroll beneficiaries into regional care organizations. If more than one regional care organization operates in a Medicaid region, a Medicaid beneficiary may choose the organization to provide his or her care. If a Medicaid beneficiary does not make a choice, the Medicaid Agency shall assign the person to a care organization. Medicaid may limit the circumstances under which a Medicaid beneficiary may change care organizations.

(c) A regional care organization shall provide Medicaid services to Medicaid enrollees directly or by contract with other providers. The regional care organization shall establish an adequate medical service delivery network as determined by the Medicaid Agency. An alternate care provider contracting with Medicaid shall also establish such a network. The Medicaid Agency shall by rule, pursuant to the Alabama Administrative Procedure Act, establish the minimum reimbursement rate for providers. The minimum reimbursement rate shall be the prevailing Medicaid fee-for-service payment schedule, unless otherwise jointly agreed to by a provider and a regional care organization through a contract. The minimum provider reimbursements shall be incorporated into the actuarially sound rate development methodology for each regional care organization. The methodology and resulting rates shall be submitted to the Centers for Medicare and Medicaid Services for approval.

(d) The Medicaid Agency shall establish by rule procedures for safeguarding against wrongful denial of claims and addressing grievances of enrollees in a regional care organization or an alternate care provider. The procedures shall provide for a timely and meaningful right of appeal, by Medicaid enrollees or their providers, of approvals or denials of care, billing and payment issues, bundling matters, and the provision of health care services. The rules shall include procedures for a fair hearing on all claims or complaints brought by Medicaid enrollees or other providers that shall include the following:

(1) An immediate appeal to the medical director of the regional care organization, who shall be a primary care physician. The rules of evidence shall not apply. The medical director shall consider the materials submitted on the issue and any oral arguments and render a decision. The medical director’s decision shall be binding on the regional care organization.

(2) If a patient or provider is dissatisfied with the decision of the medical director, the patient or provider may file a notice of appeal to be heard by a peer review committee. The peer review committee shall be composed of at least three physicians of the same specialty in the region in which the services or matter is at issue. If three physicians cannot be found, then the physicians may be selected outside of the region. The Medicaid Agency shall develop rules regarding the appeal to the peer review committee. The peer review committee’s decision shall be binding on the regional care organization.

(3) If a patient or the provider is dissatisfied with the decision of the peer review committee, the patient or provider may file a written notice of appeal to the Medicaid Agency. The Medicaid Agency shall adopt rules governing the appeal, which shall include a full evidentiary hearing and a finding on the record. The Medicaid Agency’s decision shall be binding upon the regional care organization. However, a patient or provider may file an appeal in circuit court in the county in which the patient resides, or the county in which the provider provides services.

(e) The Medicaid Agency shall by rule establish procedures for addressing grievances of regional care organizations, except as otherwise provided in subsection (g). The grievance procedure shall include an opportunity for a fair hearing before an impartial hearing officer in accordance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The state Medicaid Commissioner shall appoint one, or more than one, hearing officer to conduct fair hearings. After each hearing, the findings and recommendations of the hearing officer shall be submitted to the commissioner, who shall make a final decision for the agency. Judicial review of the final decision of the Medicaid Agency may be sought pursuant to the Alabama Administrative Procedure Act. All costs related to development and implementation of the grievance procedure, including the provision of administrative hearings, shall be borne by the Medicaid Agency. The agency may adopt rules for implementing this subsection in accordance with the Alabama Administrative Procedure Act.

(f) All provider contracts of an organization granted probationary or final certification as a regional care organization shall be subject to review and/or approval of the Medicaid Agency.

(g)(1) If a provider is dissatisfied with any term or provision of the agreement or contract offered by a regional care organization, the provider shall:

a. Seek redress with the regional care organization. In providing redress, the regional care organization shall afford the provider a review by a panel composed of a representative of the regional care organization, the same type of provider, and a representative of the citizen’s advisory board appointed by the chairman of the advisory board.

b. After seeking redress with the regional care organization, a provider or the regional care organization who remains dissatisfied may request a review of such disputed term or provision by the Medicaid Agency. The Medicaid Agency shall have 10 days to issue, in writing, its decision regarding the dispute.

c. Within 30 days of receipt of the Medicaid Agency’s decision, the provider or the regional care organization may request review of the Medicaid Agency’s decision by a contract dispute committee. The committee shall be appointed by the Medicaid Agency and shall be composed of two providers from other Medicaid regions, two representatives of regional care organizations from other Medicaid regions, and an administrative law judge selected by the Medicaid Agency. The two providers shall be selected by the affected provider’s professional or business association, and the two representatives of the regional care organizations shall be appointed by the Medicaid Agency from a list of four representatives selected by regional care organizations from the unaffected Medicaid regions.

d. If the provider or the regional care organization is dissatisfied with the decision of the contract dispute committee, the provider or regional care organization shall file an appeal in the Montgomery County Circuit Court within 30 days of the decision.

(2) The Medicaid Agency shall develop rules regarding review of agreements and contracts by the contract dispute committee. The standard of review for the contract dispute committee shall be one of fairness and reasonableness. The contract dispute committee shall undertake a de novo review and shall consider current and historic reimbursement rates; prevailing terms and standards in contracts currently in existence; and customs, policies, and procedures prevalent in the other Medicaid regions and under the Alabama Medicaid Program. The rules shall include the requirement that the contract dispute committee issue a written ruling on such disputed term or provision stating its findings of fact and conclusions of law no more than 20 days after the dispute is submitted to it. The contract dispute committee’s decision shall be binding on the regional care organization and the provider.

(h) In addition to the foregoing, the Medicaid Agency shall do all of the following:

(1) Establish by rule the criteria for probationary and full certification of regional care organizations.

(2) Establish the quality standards and minimum service delivery network requirements for regional care organizations or alternate care providers to provide care to Medicaid beneficiaries.

(3) Establish by rule and implement quality assurance provisions for each regional care organization.

(4) Adopt and implement, at its discretion, requirements for a regional care organization concerning health information technology, data analytics, quality of care, and care-quality improvement.

(5) Conduct or contract for financial audits of each regional care organization. The audits shall be based on requirements established by the Medicaid Agency by rule or established by law. The audit of each regional care organization shall be conducted at least every three years or more frequently if requested by the Medicaid Agency.

(6) Take such other action with respect to regional care organizations or alternate care providers as may be required by federal Medicaid regulations or under terms and conditions imposed by the Centers for Medicare and Medicaid Services in order to assure that payments to the regional care organizations or alternate care providers qualify for federal matching funds.
Ala. Code § 22-6-159 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-159
Section 22-6-159 Implementation of Article
Status: in_force

(a) The following is the timeline for implementation of this article:

(1) Not later than October 1, 2013, the Medicaid Agency shall establish Medicaid regions.

(2) Not later than October 1, 2014, an organization seeking to become a regional care organization shall have established a governing board and structure as approved by the Medicaid Agency. An organization may receive probationary certification as a regional care organization upon submission of an application for, and demonstration of, a governing board acceptable to the Medicaid Agency. Probationary certification shall expire on October 1, 2016, or a later date established by the Medicaid Agency.

(3) Not later than April 1, 2015, an organization with probationary regional care organization certification shall have demonstrated to Medicaid’s approval the ability to establish an adequate medical service delivery network.

(4) Not later than October 1, 2015, an organization with probationary regional care organization certification shall have demonstrated to Medicaid’s approval that it has met the solvency and financial requirements for a regional care organization as outlined in this article.

(5) On October 1, 2016, or a later date established by the Medicaid Agency, an organization with probationary regional care organization certification shall demonstrate to Medicaid’s approval that it is capable of providing services pursuant to a risk contract.

(b) The timeline and benchmarks in subsection (a) shall not preclude an organization from meeting the timelines and benchmarks at an earlier date.

(c) Failure to meet and maintain any one of the benchmarks in subdivisions (2) to (5), inclusive, shall constitute grounds for termination of a probationary regional care organization certification or full regional care organization certification. The Medicaid Agency shall award full regional care organization certification to an organization with probationary regional care organization certification if the organization timely meets each of those benchmarks. Failure by an organization to timely meet one or more of those benchmarks shall not prevent the Medicaid Agency, at its sole discretion, from granting full regional care organization certification to the organization as long as it has met all of those benchmarks by October 1, 2016, or a later date established by the Medicaid Agency.
Ala. Code § 22-6-20 — Alabama Code / Title 1 / Chapter 6 / Section 22-6-20
Section 22-6-20 Legislative Intent
Status: in_force

The Legislature recognizes the increasing population of our senior citizens and the importance of ensuring that each receives quality health care. The Medicaid Agency of the State of Alabama, hereinafter referred to as “Medicaid”, shall have the power to enforce specific remedies to ensure compliance with OBRA.
Ala. Code § 22-12D-5 — Alabama Code / Title 1 / Chapter 12D / Section 22-12D-5
Section 22-12D-5 Funding
Status: in_force

The provisions of this chapter shall be carried out to the extent that funds are available.