reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-31 - Legislative Findings.

Section 22-4-31
Legislative findings.
The Legislature does hereby set out the following findings and reasons for passage of this article.
Alabama has adopted a system of health planning and development administered by the State Health Planning and Development Agency (SHPDA).
In addition, the Statewide Health Coordinating Council (SHCC) is charged with reviewing Alabama's health planning needs and writing the State Health Plan to assist the Certificate of Need Review Board.
The Certificate of Need Review Board is responsible for reviewing and approving certificate of need applications in Alabama.
There is no current systematic way for the SHPDA, SHCC, or the Certificate of Need Review Board to collect all the health care services information necessary for proper health care planning in Alabama, because reporting to SHPDA is voluntary.
The Legislature hereby finds and determines that collection of additional health care information is necessary for informed statewide health planning. The purpose of this law is to give SHPDA authority to require the reporting of certain information to SHDPA by the legal entities covered in this article.
(Act 2015-471, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-32 - Definitions.

Section 22-4-32
Definitions.
For purposes of this article, the following terms shall have the following meanings:
(1) CERTIFICATE OF NEED REVIEW BOARD. The board which reviews all certificate of need applications as provided in Section 22-21-260(14).
(2) COVERED HEALTH CARE REPORTER. The term includes health care facilities as that term is defined in Section 22-21-260(6); new institutional health services subject to review as defined in Section 22-21-263; a facility or institution for the care or treatment of any kind of mental or emotional illness or substance abuse or for providing services to persons with intellectual disabilities as defined in Section 22-50-17; and facilities and distinct units as defined in Section 22-21-263(c).
(3) HEALTH CARE REPORTS. The written reports to SHPDA which are required to be submitted by this article.
(4) HEALTH CARE INFORMATION AND DATA ADVISORY COUNCIL. The body created by this article which is charged with advising and participating in the writing of rules necessary to implement this article and reviewing reports prior to dissemination by SHPDA.
(5) SHPDA. The State Health Planning and Development Agency.
(6) STATE HEALTH COORDINATING COUNCIL. The council which is defined in Section 22-21-260(15).
(Act 2015-471, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-33 - Health Care Information and Data Advisory Council.

Section 22-4-33
Health Care Information and Data Advisory Council.
(a) There is established the Health Care Information and Data Advisory Council to give advice and guidance to SHPDA in adopting rules necessary to implement this article, to review and serve as consultants to SHPDA on matters related to any reports or publications prior to a report or publication release, and to serve as consultants to SHPDA on matters relating to the protection, collection, and dissemination of health care reports.
(b) The council shall consist of the following members:
(1) Two members appointed by the Alabama Hospital Association.
(2) Two members appointed by the Alabama Nursing Home Association.
(3) One member appointed by the Assisted Living Association of Alabama.
(4) Two members appointed by the Alabama Hospice and Palliative Care Association.
(5) One member appointed by the Home Care Association of Alabama.
(6) One member appointed by the Chair of the SHCC.
(7) Two members appointed by the Alabama Ambulatory Surgery Center Association.
(8) One member appointed by the Commissioner of Mental Health.
(9) The Chair of the Certificate of Need Review Board, or his or her designee.
(c) The council membership shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(d) The terms of the appointed members shall be staggered as follows: The Chair of the Certificate of Need Review Board or his or her designee shall divide the members into two equal groups. The members of the first group shall be appointed for an initial term of two years. The members of the second group shall be appointed for an initial term of four years. Thereafter, the term of office of each member shall be for four years. A member may serve two consecutive terms. A member shall serve until a successor is appointed. If a vacancy occurs, the original appointing authority shall fill the vacancy for the remainder of the unexpired term.
(e) The council shall meet within 30 days after the appointment of the council membership, elect a chair and establish procedures and other policies necessary to carry on the business of the council. A quorum shall be a majority of the appointed members. Notice of meetings of the council shall be given pursuant to the Alabama Open Meetings Act.
(Act 2015-471, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-34 - Rulemaking Authority.

Section 22-4-34
Rulemaking authority.
The SHPDA, following advice and guidance from the Health Care Information and Advisory Council, shall adopt rules providing the specific information which shall be submitted and the method of submission to SHPDA. All covered health care reporters shall provide written reports as required by SHPDA, at least annually. Within one year of the adoption of rules pursuant to the Administrative Procedure Act, covered health care reporters shall make the first report due under this article. The first report due under this article submitted by a covered health care reporter shall cover the immediately preceding six months. Reporting to SHPDA under this article shall be mandatory. Reporting to SHPDA shall be required at least annually after the initial report and shall cover the one-year period from the previous report as provided by rules of SHPDA.
(Act 2015-471, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-35 - Submission of Reports.

Section 22-4-35
Submission of reports.
(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.
(Act 2015-471, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-36 - Limits on Information Requested.

Section 22-4-36
Limits on information requested.
The SHPDA may not request any information from a health care reporter that requires the submission of proprietary or confidential matters, such as negotiated discounts with specific insurers, health service corporations, or health benefit plans. The SHPDA may not require any reporting that could be used to identify a patient of a covered health care reporter.
(Act 2015-471, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-37 - Penalties for Noncompliance.

Section 22-4-37
Penalties for noncompliance.
SHPDA shall impose an administrative penalty against a covered health care reporter that fails to comply with this article in an amount not to exceed five thousand dollars ($5,000) if the covered health care reporter is a rural health care provider or ten thousand dollars ($10,000) for all covered health care reporters and the covered health care reporter may not participate in the Certificate of Need review process either as an applicant for a Certificate of Need or in opposition to a Certificate of Need application until the covered health care reporter is in compliance with this article. By June 11, 2016, SHPDA, following advice and guidance from the Health Care Information and Data Council, shall adopt rules pursuant to the Administrative Procedure Act necessary to implement this section.
(Act 2015-471, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-38 - Information Provided to Purchasers.

Section 22-4-38
Information provided to purchasers.
Nothing in this article shall prohibit a purchaser from obtaining information from a covered health care reporter. The obligation of providing the purchaser, on terms consistent with past practices, data or information previously provided, or additional data or information not currently provided to a purchaser by the covered health care reporter pursuant to any existing or future arrangement, agreement, or understanding shall not be affected by this article.
(Act 2015-471, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-39 - Use of Information.

Section 22-4-39
Use of information.
(a) SHPDA shall utilize the data and information received from covered health care reporters for the benefit of the public and public officials. The data and information obtained by SHPDA pursuant to this article, including a summary, shall be reported to the SHCC and the Certificate of Need Review Board at least annually.
(b) SHPDA shall follow the advice and guidance of the Health Care Information and Data Council as to what reports, publications, or studies may be compiled using the data required to be collected in this article.
(c) All approved reports, publications, or studies prepared by SHPDA shall be public records and shall be made available to the public for a reasonable fee.
(d) Covered health care reports from individual providers shall continue to be available to the public and the SHPDA may charge a reasonable fee for copies of these reports.
(Act 2015-471, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-40 - Enforcement of Article.

Section 22-4-40
Enforcement of article.
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.
(Act 2015-471, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-41 - Construction of Article.

Section 22-4-41
Construction of article.
This article shall not affect any current law or laws which provide authority or jurisdiction for the SHPDA, the Certificate of Need Review Board, or the SHCC except as provided herein, or which provide requirements to obtain a certificate of need in this state. This article shall be supplemental to any existing laws.
(Act 2015-471, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4 - State Health Planning and Development. › Article 2 - Alabama Health Planning Facilitation Act. › Section 22-4-42 - Limitations on Use of Information.

Section 22-4-42
Limitations on use of information.
The information collected pursuant to this article shall be used to assist the SHPDA, the Certificate of Need Review Board, and the SHCC to provide health planning and development services for the citizens of Alabama. The information generated by these reports may not be used by SHPDA or any other agency or unit of state government for any other purpose.
(Act 2015-471, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-1 - Legislative Findings and Declarations.

Section 22-4A-1
Legislative findings and declarations.
The Legislature of Alabama hereby finds and declares that physicians engaged in family practice are in critical short supply in Alabama, and further, that the distribution of such numbers that are available has created many areas of shortage, especially in the underserved rural areas of Alabama. The Legislature hereby declares that it regards the furtherance of a greater supply of family physicians to be of great importance and further declares the establishment of programs pursuant to this chapter to be desirable, necessary, and an economical method of increasing the number of family physicians needed to provide medical services to the people of Alabama, especially in underserved rural areas.
(Acts 1990, No. 90-714, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-2 - Family Practice Rural Health Board Created; Members; Chairman and Officers; per Diem and Mileage.

Section 22-4A-2
Family Practice Rural Health Board created; members; chairman and officers; per diem and mileage.
(a) There is hereby created an 11 member "Family Practice Rural Health Board," with each member serving a six year term unless otherwise specified. The board shall consist of the following membership:
(1) Two members representing the medically underserved rural areas to be appointed by the Governor.
(2) One member from each of the seven U.S. Congressional Districts to be appointed by the Alabama Academy of Family Physicians.
(3) One member to be appointed from the membership of the House of Representatives by the Speaker and whose term shall end with his legislative term at which time a replacement will be appointed.
(4) One member to be appointed from the membership of the State Senate by the Lieutenant Governor and whose term shall end with his legislative term at which time a replacement will be appointed.
(b) The board shall meet within 90 days following May 3, 1990, and elect from its membership, a chairman and other officers deemed necessary by the board. The director or his designee, of each of the family practice residency programs receiving funds through the provisions of this chapter, shall serve as ex officio, non-voting member of the board. Members shall receive no compensation for their services, but may be paid such per diem and mileage as provided for state employees.
(Acts 1990, No. 90-714, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-3 - Determination and Prioritization of Medically Underserved Areas.

Section 22-4A-3
Determination and prioritization of medically underserved areas.
The board may assist in determining and prioritizing the medically underserved areas where there exist unmet needs for family physicians.
(Acts 1990, No. 90-714, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-4 - Accreditation of Residency Program Prerequisite to Allocation of Funds.

Section 22-4A-4
Accreditation of residency program prerequisite to allocation of funds.
The board shall not allocate any funds pursuant to this chapter to any family practice residency program unless it is accredited by the American Academy of Family Physicians or the American College of Osteopathic Family Physicians, or both, and meets the standards and guidelines established by the Accreditation Council for Graduate Medical Education or the post-doctoral training approved by the American Osteopathic Association, or both. Accreditation for the purpose of this chapter includes provisional accreditation where necessary to initially establish a new residency program.
(Acts 1990, No. 90-714, §4; Act 2006-535, p. 1231, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-5 - Allocation and Distribution of Funds; Purposes.

Section 22-4A-5
Allocation and distribution of funds; purposes.
The board shall allocate the funds appropriated through the Public Health Department for Family Practice Rural Health Programs. The Health Department shall distribute the funds as allocated by the board except for sufficient amounts necessary to cover the per diem, mileage and printing cost associated with the board's activities. The board shall make allocations from the available revenue for existing Family Practice Residency Programs or any like program which may be hereafter created, provided such a program meets the criteria specified in Section 22-4A-4. The board is further authorized to allocate funds and make grants for the recruitment of physicians with such specialties necessary to meet the requirements of this chapter; to track students in physician residency specialty training programs; for the recruitment of physicians to locate in medically underserved areas; to fund health fairs for the recruitment of physicians or other medical personnel for underserved areas; to fund and provide for Medical Preceptorship Programs; to fund and provide for out of state rotations for residency training; and to fund essential studies, assessments or matters within the authority of the board.
(Acts 1990, No. 90-714, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-6 - Identification of Unmet Needs and Resources; Annual Report.

Section 22-4A-6
Identification of unmet needs and resources; annual report.
The board shall assist in identifying any unmet needs relating to the medically underserved rural areas of the state and any available resources that could be applied toward those needs. The board shall submit an annual report to the Governor, Lieutenant Governor, Speaker of the House, chairman of each of the health committees and the State Health Officer of the disbursement of all funds, accomplishments toward meeting the unmet needs in the rural areas and the goals for the next fiscal year.
(Acts 1990, No. 90-714, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4A - Family Practice Rural Health Board. › Section 22-4A-7 - No Authority Over Other Programs.

Section 22-4A-7
No authority over other programs.
Nothing in this chapter is intended or shall be construed as granting the board any governing or administrative authority over any programs administered by any university medical school in this state or any other program established pursuant to state law.
(Acts 1990, No. 90-714, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-1 - Definitions.

Section 22-4B-1
Definitions.
For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them:
(1) BOARD or BOARD OF HEALTH. The Alabama State Board of Health.
(2) DEPARTMENT. The Alabama Department of Public Health.
(3) RURAL AREA or UNDERSERVED AREA. Any county in the State of Alabama in which a city or municipality is located which has a single hospital serving such city or municipality where the average daily census for such hospital is 25 or less, or a county meeting such other definition of "rural area" or "underserved area" as the board may adopt.
(4) NURSING DEGREE. A degree granted by an appropriately accredited institution of higher learning following at least a two year full-time course of study and entitling the recipient to be examined for certification as a registered professional nurse by the Alabama State Board of Nursing.
(Acts 1991, No. 91-616, p. 1154, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-2 - Legislative Intent.

Section 22-4B-2
Legislative intent.
The Legislature of Alabama finds that there exists a critical shortage of registered nurses who are willing and able to provide health care to citizens in rural areas of Alabama. Such shortage is particularly acute in rural areas, and has a negative impact on the availability of care to low income and indigent citizens of Alabama who reside in rural areas. The Legislature further finds that there are many dedicated employees of the Alabama Department of Public Health who are disqualified from training as registered nurses solely by reason of their inability to finance the cost of attending school to obtain the requisite degree. Such employees are also prevented or retarded in career advancement because of a lack of education. It is the intent of the Legislature in adopting this chapter to address the nursing shortage in county health departments and in federally-funded community health centers in rural areas and to provide opportunities for career advancement for employees of the health department. Such a program will benefit both the State of Alabama and private sector employers by increasing the pool of nursing school graduates available to provide health care in Alabama.
(Acts 1991, No. 91-616, p. 1154, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-3 - Loans for Nursing Degree - Eligibility - Contract - Cancellation of Loan - Recovery of Unpaid Balance.

Section 22-4B-3
Loans for nursing degree - Eligibility - Contract - Cancellation of loan - Recovery of unpaid balance.
(a) Within the limits of the funds appropriated for or otherwise available to the loan program, the board shall be authorized to grant to each applicant deemed by the board to be qualified, a loan for the purposes of acquiring a nursing degree as defined in Section 22-4B-1, upon such terms and conditions as may be imposed by the board and as provided for in this section.
(b) In order to be eligible, a loan applicant must:
(1) Be a citizen and a bona fide resident of the State of Alabama;
(2) At the time of application, have been an employee of the department for at least three years in a position not requiring a nursing degree;
(3) Be accepted by and attend an accredited school of nursing approved and designated by the board; and
(4) Agree to work as a nurse for the department or for a federally-funded community health center in an underserved or rural area of Alabama for not less than two years for each year of education financed by the board after obtaining certification as a registered professional nurse. The rural county health department or community health center in which the employee must work after graduation shall be designated by the board either in advance of enrollment or after graduation of the employee.
(c) Before being granted a loan, each applicant shall enter into a written obligation to the board, which shall be deemed legally binding on the applicant, setting forth the conditions upon which the loan shall be granted to the applicant. The obligation shall include all terms and conditions specified in this chapter. The obligation shall be signed by the State Health Officer, or his designee, and by the applicant.
(d) The board shall have the authority to cancel any loan for good cause shown.
(e) The board is vested with full power and authority to sue in its own name any recipient for any balance due the state under the terms of this chapter. Any funds recovered by the board pursuant to such legal actions shall be deposited to the credit of the board and are hereby appropriated to the Board of Health to carry out the provisions of this chapter.
(Acts 1991, No. 91-616, p. 1154, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-5 - Loans and Salaries to Department Employees Authorized.

Section 22-4B-5
Loans and salaries to department employees authorized.
The Board of Health is hereby authorized to expend available funds to offer loans and pay salaries to employees attending nursing school under such loan program as provided in this chapter.
(Acts 1991, No. 91-616, p. 1154, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-6 - Paid Educational Leave - Duties in the Health Department - Attendance Reports.

Section 22-4B-6
Paid educational leave - Duties in the health department - Attendance reports.
At the option of the board, recipients attending nursing school may be granted paid educational leave during times of such attendance. Employees attending school full-time shall be assigned duties in the health department on weekdays, except state holidays, when school is not in session, or shall be charged with annual leave or sick leave, as appropriate. Employees attending school part-time shall perform duties in the health department except when scheduled for class. Educational institutions approved by the board for participation in the program shall be required, as a condition of such approval, to submit monthly attendance reports to the department for all loan recipients. Employees granted paid educational leave shall be charged for annual leave for each school day or portion thereof when not in attendance. Repeated unexcused absences shall be sufficient cause for the board to cancel the loan agreement. Employees receiving salaries while attending school shall be required to repay as principal the total amount loaned for tuition, books, and other expenses, plus the total amount of their salaries paid while in attendance at school, in the event repayment is required under the provisions of Section 22-4B-4.
(Acts 1991, No. 91-616, p. 1154, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 4B - Nursing Degree Loans and Incentives. › Section 22-4B-7 - Disbursal of Loan Funds - Educational Institution Reimbursed.

Section 22-4B-7
Disbursal of loan funds - Educational institution reimbursed.
Loan funds shall not be disbursed directly to loan recipients. The board shall enter into agreements with all participating approved educational institutions whereby such institution shall be periodically reimbursed for tuition, books, fees, uniforms, and other associated costs incurred by loan recipients.
(Acts 1991, No. 91-616, p. 1154, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-1 - "Physical Fitness" Defined.

Section 22-5-1
"Physical fitness" defined.
For the purposes of this chapter, "physical fitness" means good or improved habits relating to recreation, exercises, sports and the use of leisure time and instructions for these purposes and for improving the physique and health of the residents of the state.
(Acts 1967, No. 215, p. 580, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-2 - Creation and Purpose of Commission.

Section 22-5-2
Creation and purpose of commission.
There is hereby created a State Commission on Physical Fitness, which hereafter may be referred to as the Governor's Commission on Physical Fitness, for the purpose of protecting, promoting and improving the physical fitness of the residents of the state.
(Acts 1967, No. 215, p. 580, §1; Acts 1979, No. 79-617, p. 1087.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-3 - Composition; Compensation.

Section 22-5-3
Composition; compensation.
(a) The commission shall consist of seven members, including a chairman, one from each U.S. Congressional District and all to be appointed by the Governor. They shall be selected because of their experience or interest in physical fitness for both youth and adults and shall serve without compensation; except, that they may be reimbursed for travel and other expenses incurred in the performance of their duties pursuant to Article 2, commencing with Section 36-7-20, of Chapter 7 of Title 36. The membership on the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The members of the commission shall be appointed for terms as follows:
(1) The members from districts one, two, three, and four shall be appointed for terms of three years each.
(2) The members from districts five, six, and seven shall be appointed for terms of four years each.
(b) As the term of each member expires, his or her successor shall be appointed for a term of four years; except, that each member shall serve until his or her successor is appointed and has qualified. After the initial term expires, the chairman shall be appointed for a term of four years. Members shall be eligible for reappointment. Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term.
(Acts 1967, No. 215, p. 580, §2; Act 2005-169, p. 290, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-4 - Meetings; Rules and Regulations.

Section 22-5-4
Meetings; rules and regulations.
The commission shall meet regularly at the call of the Governor, the executive director, or the chairman. Four commissioners shall constitute a quorum. The commission shall adopt such rules and regulations as are necessary and proper to govern its procedure and business.
(Acts 1967, No. 215, p. 580, §6; Acts 1979, No. 79-617, p. 1087; Act 2005-169, p. 290, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-5 - Duties of Commission.

Section 22-5-5
Duties of commission.
The commission shall maintain liaison with the State Department of Education, county and city boards of education, private and parochial schools, and physical fitness commissions of the several political subdivisions of this state, now or hereafter created, and comparable agencies in other states or under the federal government, and it shall consult with and advise the local commissions on their programs of physical fitness. It shall disseminate information in the interest of physical fitness programs in this state by publication, advertisement, conferences, workshops, programs, lectures, and other means, and it shall collect and assemble pertinent information and data available from other state departments and agencies. The commission is authorized to sponsor the Special Olympics for mentally retarded and physically handicapped children at the state, national, and international level and partner with and promote the programs and events of the Alabama Sports Festival and the Alabama Sports Foundation, Incorporated. The commission is further authorized to promote jogging, hiking, bicycling, and other physical fitness programs. It is also authorized to cosponsor programs with the Department of Senior Services to improve the health and well-being of the older people in the state.
(Acts 1967, No. 215, p. 580, §4; Acts 1979, No. 79-617, p. 1087; Act 2005-169, p. 290, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-6 - Executive Director; Application of Merit System to Commission Employees.

Section 22-5-6
Executive director; application of merit system to commission employees.
(a) The Governor, upon recommendation of the commission, shall appoint an executive director of the commission. Such director shall serve as secretary of the commission and as chief administrator and executive officer of the commission, having general charge of the work of the commission under its direction.
(b) All employees presently employed by the State Commission on Physical Fitness, including the executive director, shall be encompassed within this article with no adverse effect as to salary, and shall, by virtue of this article, be considered to meet the requirements of the commission in terms of educational training and experience, and shall automatically be placed within the State Merit System with all of the rights and privileges thereof, and shall enjoy the same employment and retirement privileges and rights as the Legislature may determine from time to time, or as may otherwise be determined by law or administrative rule or regulation according to the rules and regulations of the personnel department of the State of Alabama. All new, future employees of the commission shall be required to meet the requirements of the State Merit System.
(Acts 1967, No. 215, p. 580, §3; Acts 1979, No. 79-617, p. 1087.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-7 - Personnel.

Section 22-5-7
Personnel.
The executive director shall, subject to the State Merit System Law, appoint professional, technical, clerical, stenographic and other personnel to carry out the duties and functions of the commission.
(Acts 1967, No. 215, p. 580, §5; Acts 1979, No. 79-617, p. 1087.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-8 - Annual Report.

Section 22-5-8
Annual report.
The commission shall make an annual report to the Governor and the Legislature, including therein suggestions and recommendations for protecting and improving the physical fitness of the state.
(Acts 1967, No. 215, p. 580, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5 - State Commission on Physical Fitness. › Section 22-5-9 - Acceptance of Gifts or Grants.

Section 22-5-9
Acceptance of gifts or grants.
The commission is hereby authorized and empowered to accept from the federal government, or any instrumentality thereof, or from any person, firm or corporation in the name of and for the state, services, equipment, supplies, materials or funds by way of gift or grant for the purposes of physical fitness.
(Acts 1967, No. 215, p. 580, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5A - Long-Term Residential Health Care Recipient Ombudsmen. › Section 22-5A-1 - Short Title.

Section 22-5A-1
Short title.
This chapter shall be known and may be cited as the "Long-term Residential Health Care Recipient Ombudsman Act."
(Acts 1985, No. 85-657, p. 1029, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5A - Long-Term Residential Health Care Recipient Ombudsmen. › Section 22-5A-2 - Definitions.

Section 22-5A-2
Definitions.
For the purposes of this chapter, the following words shall have the meanings ascribed to them by this section:
(1) ADMINISTRATOR. Any person charged with the general administration or supervision of a health care, domiciliary or residential facility without regard to whether such person has an ownership interest in such facility or to whether such person's functions and duties are shared with one or more other persons.
(2) COMMUNITY OMBUDSMAN. A person selected by an area agency on aging who is then trained and certified as such by the commission pursuant to Section 22-5A-4.
(3) DEPARTMENT. Department of Senior Services.
(4) HEALTH CARE FACILITY. Any skilled nursing facility, intermediate care facility, domiciliary, boarding home facility or hospital now or hereafter subject to regulation or licensure by the Bureau of Licensure and Certification of the State Department of Health or a county department of health which provides any generally accepted facet of long-term residential health care or treats any recipient of long-term residential health care.
(5) LONG-TERM RESIDENTIAL HEALTH CARE. Those health care services rendered to an individual who is a resident in-patient of a health care facility for any period which is expected to exceed 90 days.
(6) OMBUDSMAN. The State Ombudsman or any community ombudsman.
(7) RECIPIENT. Any person receiving long-term residential health care treatment in any health care facility in all its aspects including, but not limited to, admission, retention, confinement, commitment, length of stay, transfer, discharge, physical examination, issuing or filling a prescription for a controlled pharmaceutical substance, dispensing drugs or medication, counseling and/or treatment, and any instances directly related.
(8) STATE OMBUDSMAN. The State Long-term Residential Health Care Recipient Ombudsman, currently known as the Nursing Home Ombudsman of the Alabama Commission on Aging. The State Ombudsman shall be appointed by the commission and shall report to the executive director of the commission.
(Acts 1985, No. 85-657, p. 1029, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5A - Long-Term Residential Health Care Recipient Ombudsmen. › Section 22-5A-3 - Duties of State Ombudsman and Department.

Section 22-5A-3
Duties of State Ombudsman and department.
The State Ombudsman and the department are hereby authorized to investigate complaints concerning health care, domiciliary and residential care facilities. The State Ombudsman shall promote the well-being and quality of life of long-term residential health care recipients and encourage the development of community ombudsman activities at the local level. After appropriate training and approval by the department, community ombudsmen shall be certified by the department and shall have the powers and responsibilities set forth in Sections 22-5A-4 and 22-5A-6, subject to the procedures established by the State Ombudsman pursuant to Section 22-5A-5. The State Ombudsman shall submit to the department an annual written report documenting the kinds of complaints and problems reported so that the department can make recommendations concerning needed policy, regulatory, and legislative changes.
(Acts 1985, No. 85-657, p. 1029, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5A - Long-Term Residential Health Care Recipient Ombudsmen. › Section 22-5A-5 - Procedures for Receiving Complaints; Informing Recipients of Ombudsman Program.

Section 22-5A-5
Procedures for receiving complaints; informing recipients of ombudsman program.
The State Ombudsman shall establish written procedures for receiving complaints involving long-term residential health care facilities and their employees. The Department of Senior Services shall provide to health care, domiciliary and residential facilities written information on the ombudsman program to be distributed to recipients at the time of admission, or rendering of care and/or treatment at a facility.
(Acts 1985, No. 85-657, p. 1029, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5A - Long-Term Residential Health Care Recipient Ombudsmen. › Section 22-5A-7 - Limited Immunity of Person or Agency Making Report, Etc.

Section 22-5A-7
Limited immunity of person or agency making report, etc.
Any person or agency who in good faith participates in the making of a report or provides information or evidence in direct accordance with the procedures for resolving complaints under the provisions of this chapter shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Notwithstanding the foregoing, this immunity shall not apply if an ombudsman communicates any information concerning a complaint to any party not involved in such complaint.
(Acts 1985, No. 85-657, p. 1029, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-1 - Short Title.

Section 22-5B-1
Short title.
This chapter shall be known and may be cited as the "Alabama Lifespan Respite Resource Network Act."
(Act 2012-410, p. 1115, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-2 - Legislative Findings.

Section 22-5B-2
Legislative findings.
(a) The legislative findings, purpose, and intent of this chapter are to develop the infrastructure for a statewide network of lifespan respite programs in Alabama and for Alabama Respite to be the statewide entity to address issues relating to respite care in our state.
(b) The Alabama Legislature makes the following findings:
(1) Respite is short term temporary relief that can make a world of difference for family caregivers of both children and adults with disabilities and other health care needs.
(2) Respite is one of the home and community-based services most requested by family caregivers, yet remains in short supply.
(3) As of 2012, over 818,000 adults in Alabama are caregivers for a family member.
(4) Respite helps preserve families by reducing stress, supporting stability, preventing situations that can lead to abuse and neglect, and reducing the incidence of divorce and out-of-home placement.
(5) Respite is a simple, cost-effective solution for situations that can otherwise devastate families.
(6) A state lifespan respite program simplifies and accelerates the process for accessing respite services and is recognized by service providers, families, and policymakers, in Alabama as well as nationwide, as the best practice in the provision of respite care in the most cost-effective way.
(7) Federal legislation was passed in Congress that would provide a mechanism to fund states that have collaborative systems of lifespan respite provision in place.
(Act 2012-410, p. 1115, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 5B - Alabama Lifespan Respite Resource Network Act. › Section 22-5B-3 - Definitions.

Section 22-5B-3
Definitions.
When used in this chapter, the following words shall have the following meanings:
(1) ADULT WITH SPECIAL NEED. A person 19 years of age or older who requires care or supervision to meet the person's basic needs or prevent physical self-injury or injury to others, or avoid placement in an institutional facility.
(2) AGING AND DISABILITY RESOURCE CENTER. An entity that provides a coordinated system for providing information on long-term care programs and options, personal counseling, and consumer access to publicly support long-term care programs.
(3) CHILD WITH SPECIAL NEED. A person under age 19 who requires care or supervision beyond that required for children generally to meet the child's basic needs or prevent physical injury to self or others.
(4) ELIGIBLE STATE AGENCY. A state agency that administers the Older Americans Act or the state's Medicaid program or one designated by the Governor, and is an aging and disability resource center working in collaboration with a state respite coalition or organization.
(5) FAMILY CAREGIVER. Family members, foster parents, or other adults providing ongoing unpaid care for an adult or child with special needs.
(6) LIFESPAN RESPITE CARE. Coordinated systems of accessible, community-based respite care services for family caregivers of children or adults with special needs.
(7) RESPITE. Planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult.
(8) RESPITE PROVIDER. An individual who provides a temporary break or period of relief to family caregivers.
(9) SPECIAL NEED. A disability or chronic illness as defined in Public Law 109-442.
(10) STAKEHOLDER. A person, group, organization, or system that affects or can be affected by an organization's actions.
(Act 2012-410, p. 1115, §3.)