reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-9 - Manifests; Out-of-State Tires Transported Into Alabama.

Section 22-40A-9
Manifests; out-of-state tires transported into Alabama.
(a) The department shall develop and promulgate a manifest through rulemaking.
(b) All scrap tire receivers, transporters, processors, and landfills are required to use a written manifest as prescribed in this section and as provided by regulations of the department. The manifest shall identify the quantity of tires transported, stored, or processed, and other information as the department may require. The manifest shall be required to accompany the transportation, storage, and processing of scrap tires until the tires are processed or disposed.
(c) Records shall be retained for a minimum of three years, or as otherwise required by the department.
(d) The department may establish regulations for transport of out-of-state tires into Alabama.
(Act 2003-332, p. 823, §9; Act 2006-559, p. 1285, §1; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-10 - Financial Assurance.

Section 22-40A-10
Financial assurance.
(a) The department shall, by regulation, establish the financial assurance levels and methods that are to be set to provide funds to abate any problems created as a result of a failure by the transporter or processor to properly manage scrap tires.
(b) Receivers of either class are not required to post financial assurance.
(c) Permitted transporters and processors shall post financial assurance. A fuel user that registers with the department shall post financial assurance if the user stores whole tires or shredded tires in excess of amounts the department establishes by regulation or in excess of permitted limits.
(Act 2003-332, p. 823, §10; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-11 - Administration and Enforcement.

Section 22-40A-11
Administration and enforcement.
(a) Except as provided for herein, the department is designated by this chapter as the administrating agency for this chapter including administering remediation and enforcement programs; provided, however, the department may enter into delegation agreements with county commissions for enforcement of this chapter. The department is hereby authorized to carry out the purposes of this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act.
(b) The department shall develop and manage a remediation contract program for cleanup, management, or disposal of scrap tires.
(c) The department may by regulation exempt certain tires under this chapter and grant variances or place additional requirements on persons subject to this chapter and the department's regulations.
(d) The department shall administer the program in a way to ensure enforcement of the chapter in all counties.
(e) Department funds and resources as provided by the Scrap Tire Fund (STF) may be used for support of on-going training for delegated county programs, department staff, and others involved in the enforcement of this chapter.
(f) The department, after holding a hearing in accordance with the procedures set forth by regulation, may revoke, suspend, or deny a receiver registration, a processor or transporter permit, or an exemption or variance based on the requirements of this chapter.
(g) Those funds collected by the department for violations pursuant to this chapter shall be directed to the Scrap Tire Fund, except for a portion of those funds directed to the department to cover expenses to obtain a penalty.
(h) The department, by regulation, may develop other incentive programs to reduce illegal scrap tire disposal.
(Act 2003-332, p. 823, §11; Act 2006-559, p. 1285, §1; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-12 - Delegation Agreements; County Responsibilities.

Section 22-40A-12
Delegation agreements; county responsibilities.
County commissions may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by regulation the procedures for delegation. Counties that wish to voluntarily establish such delegation agreements with the department for local enforcement shall have 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 written investigation reports to the department within 10 days of the initial investigation.
(3) Investigate all reports and complaints regarding scrap tires within the respective county.
(4) Investigate illegal dumping of scrap tires.
(5) Review manifests of scrap tires at businesses.
(Act 2003-332, p. 823, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-13 - End Use Market Development Program.

Section 22-40A-13
End use market development program.
The Alabama Department of Environmental Management is designated as the department of state government responsible for development and management of an end use market development program. The department may choose to negotiate agreements with any person to participate in the end use marketing development program.
(Act 2003-332, p. 823, §13; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-16 - Disposition of Funds.

Section 22-40A-16
Disposition of funds.
(a) All fees, interest, or other income distributed to the Scrap Tire Fund shall be used only for the purposes specified in this chapter.
(b) All monies derived from fines and violations of this chapter that are collected by county enforcement programs pursuant to this chapter shall be distributed to the county for use only in the enforcement program.
(Act 2003-332, p. 823, §16.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-17 - Evaluation of Suspected Property; Notice; Costs.

Section 22-40A-17
Evaluation of suspected property; notice; costs.
(a) The department or its designated representatives may access property suspected of containing scrap tires for the purpose of evaluation of the threat to public health, the environment, and safety.
(b) The department, by regulation, shall establish an administrative process to provide the responsible party, other than the innocent landowner, notice of obligation to remediate scrap tires found that are in violation of this chapter. If the responsible party fails or refuses to remediate the scrap tires, the department or its contractor or subcontractors shall be granted access to the property for the sole purpose of remediation of the scrap tires.
(c) The department may recover the full cost associated with the remediation, including legal expenses, from the responsible party, other than an innocent landowner.
(d) As long as an innocent landowner is working cooperatively with the department or its representative to clean up the site, the innocent landowner shall not be liable for costs of cleanup. Subsequent to cleanup, the innocent landowners shall cooperate with the department to prevent further tire dumping on the relevant site.
(Act 2003-332, p. 823, §17.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-18 - Violations.

Section 22-40A-18
Violations.
Repealed by Act 2009-779, p. 2433, §2, effective August 1, 2009.
(Act 2003-332, p. 823, §18; Act 2006-559, p. 1285, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-20 - Applicability to Government Organizations.

Section 22-40A-20
Applicability to government organizations.
All governmental organizations, whether federal, state, or other local governing bodies, shall be exempt from the payment of fees associated with all provisions of this chapter. These organizations shall comply with all statutory and regulatory provisions of this chapter regarding the storage, transport, processing, cleanup, and disposal of scrap tires.
(Act 2003-332, p. 823, §20.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-22 - Scrap Tire Fund.

Section 22-40A-22
Scrap Tire Fund.
(a) A Scrap Tire Fund (STF), separate from the State General Fund, is created for carrying out this chapter.
(b) All monies within the STF shall be continuously appropriated. All monies remaining in the Department of Public Health, designated for the present STSC, after payment of all outstanding expenses, shall be transferred to the department for program implementation by September 1, 2003, and all monies collected by the Alabama Department of Public Health pursuant to the previous scrap tire program, including, but not limited to, license fees, which accrue after September 1, 2003, shall be transferred to the department on October 1, 2004.
(c) The STF is authorized to receive funds from other sources outside the scrap tire environmental fee, including interest generated from the STF, grants, allotments, and contributions, whether public or private.
(Act 2003-332, p. 823, §22.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-23 - Implementation of Chapter.

Section 22-40A-23
Implementation of chapter.
The department shall implement this chapter to the extent funds are provided by the STF.
(Act 2003-332, p. 823, §23.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-24 - Chapter Ineffective Upon Abolition of Scrap Tire Environmental Fee.

Section 22-40A-24
Chapter ineffective upon abolition of scrap tire environmental fee.
In the event the scrap tire environmental fee on replacement tires imposed by Section 22-40A-14 is abolished, as determined by the Department of Revenue, this chapter shall be null and void and of no other force or effect of law.
(Act 2003-332, p. 823, §24.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-1 - Definitions.

Section 22-50-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) CLIENTS. Those persons identified as receiving or needing services for an intellectual disability.
(2) DEPARTMENT. The Department of Mental Health.
(3) INTELLECTUAL DISABILITY SERVICES. Evaluation for, amelioration of, habilitation for, prevention of, and research into the causes of intellectual disability.
(4) MENTAL HEALTH SERVICES. Diagnosis of, treatment of, rehabilitation for, follow-up care of, prevention of and research into the causes of all forms of mental or emotional illness, including, but not limited to, alcoholism, drug addiction, or epilepsy in combination with mental illness or an intellectual disability.
(5) MENTAL ILLNESS OR SUBSTANCE ABUSE TREATMENT. The application of professionally planned, managed, administered, or monitored clinical procedures or evidenced-based interventions to identify, stabilize, minimize, or alleviate the harmful consequences of substance related or mental or emotional disorders, and to restore impaired health and functionality relative to such.
(6) PATIENTS. Those persons with mental or emotional illness.
(Acts 1965, No. 881, p. 1649, §9; Acts 1984, No. 84-242, p. 365, §1; Act 2011-582, p. 1278, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-2 - Department - Created; Composition; Divisions; Offices.

Section 22-50-2
Department - Created; composition; divisions; offices.
There shall be created and established a department of the state government to be known as the Department of Mental Health. The department shall be composed of the State Mental Health Commissioner and such divisions and administrative sections as the Mental Health Commissioner may direct. The principal offices of the department shall be located at the state capitol. The department shall perform the functions prescribed in this chapter.
(Acts 1965, No. 881, p. 1649, §1; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-2.1 - Department - Name Changed; Transition Period.

Section 22-50-2.1
Department - Name changed; transition period.
(a) All rights, duties, property, real or personal, and all other effects existing in names of the Department of Mental Health and Mental Retardation, or in any other name by which the department has been known, shall continue in the name of the Department of Mental Health. Any existing or future reference to the Department of Mental Health and Mental Retardation, or any other name by which the department has been known, in any existing law, contract, or other instrument shall constitute a reference to the Department of Mental Health.
(b) The Advisory Board of Trustees for the Department of Mental Health and Mental Retardation shall continue in existence as the Advisory Board of Trustees of the Department of Mental Health.
(c) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition relating particularly to the use of equipment and supplies. All letterhead, business cards, forms, and any other materials in use by the commission containing the name Department of Mental Health and Mental Retardation shall continue to be used by the Department of Mental Health until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Mental Health.
(d) In addition to changes in Section 29-7-13, the Code Commissioner, at times determined appropriate, shall change all references to mental retardation in this code as follows: All references to "mentally retarded" shall be changed to "people with an intellectual disability" and all references to "mental retardation" shall be changed to "intellectual disability." This change in terminology is intended to be a name change only and it shall not limit or expand the eligibility for any programs or services provided by any state or local agency.
(Act 2009-635, p. 1947, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-3 - Department - Disposition of Fees, Receipts and Income.

Section 22-50-3
Department - Disposition of fees, receipts and income.
All fees, receipts, and income of the Department of Mental Health shall be paid over to a departmental treasurer, to be selected by the commissioner, or to a bank in lieu of the treasurer, as the commissioner may direct, and may be expended as authorized by the commissioner for support, maintenance, and operation of the state hospitals, Partlow State School and Hospital, and other institutions, services and programs subject to the jurisdiction and control of the department.
(Acts 1965, No. 881, p. 1649, §20; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-4 - Department - Public Corporation.

Section 22-50-4
Department - Public corporation.
The Governor and the Commissioner of Mental Health are hereby constituted a public corporation to be known as the Department of Mental Health.
(Acts 1965, No. 881, p. 1649, §2; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-5 - Board of Trustees - Membership; Officers; Initial Appointments; Terms.

Section 22-50-5
Board of trustees - Membership; officers; initial appointments; terms.
(a) In order to coordinate the activities of the Department of Mental Health and to advise with such department and to better acquaint the public with the needs and activities of such department, there is hereby created a board of trustees for the Department of Mental Health to be composed of 16 members. The Governor, the Commissioner of Mental Health, the Lieutenant Governor and the Speaker of the House of Representatives shall be ex-officio members of such board of trustees. The remaining 12 members shall be appointed by the Governor, one from each of the congressional districts and the remainder from the state at large. One of the state at large positions shall be selected from nominations offered by the Association for Retarded Citizens of Alabama and one of the state at large positions shall be selected from nominations offered by the Mental Health Association of Alabama. All appointed trustees shall have demonstrated a concern for the programs and services provided by the Department of Mental Health and should represent a balance of primary interest areas or expertise.
(b) The Governor shall be chairman of the board of trustees and the Commissioner of Mental Health shall be the secretary. The board shall meet quarterly at a place to be designated by the chairman and may meet more frequently upon the call of the chairman, or a majority of the members.
(c) As soon as practicable after this section becomes law, the Governor shall appoint four members for a term of one year; four members for a term of two years; four members for a term of three years; all trustees shall take office effective upon appointment. No trustee shall serve more than three consecutive three-year terms; provided, however, that trustees shall continue to serve until their successors have been appointed.
(Acts 1965, No. 881, p. 1649, §§3, 7; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-6 - Board of Trustees - Subsequent Appointments to Board; Vacancies.

Section 22-50-6
Board of trustees - Subsequent appointments to board; vacancies.
Subsequent appointments shall be made for a period of three years except that vacancies shall be filled by the Governor for the unexpired term only.
(Acts 1965, No. 881, p. 1649, §4; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-8 - Board of Trustees - Expenses of Trustees.

Section 22-50-8
Board of trustees - Expenses of trustees.
The trustees shall receive $100.00 per day and mileage expenses while attending meetings of the board of trustees or while engaged in other official duties at the request of the Governor or board of trustees.
(Acts 1965, No. 881, p. 1649, §6; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-9 - Department - Powers Generally.

Section 22-50-9
Department - Powers generally.
The Department of Mental Health through its commissioner is hereby authorized to act in any prudent way to provide mental health services and mental retardation services for the people of Alabama.
(Acts 1965, No. 881, p. 1649, §9; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-10 - Department - Termination of Alabama Mental Health Board; Transfer of Authority to Department.

Section 22-50-10
Department - Termination of Alabama Mental Health Board; transfer of authority to department.
Upon May 1, 1984, the Alabama Mental Health Board shall cease to exist and the powers and responsibilities shall be vested in the Department of Mental Health through its commissioner.
(Acts 1965, No. 881, p. 1649, §8; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-12 - Department - Legal Division.

Section 22-50-12
Department - Legal division.
The commissioner may establish a legal division, which shall be under the direction of an attorney authorized to practice law in the State of Alabama, and it shall be his duty to conduct the legal affairs of the department. The commissioner may appoint other attorneys to assist him. The compensation of any such attorney shall be paid from the funds of the department. Attorneys appointed by the commissioner shall have the authority to represent the department and employees of the department in litigation concerning the department.
(Acts 1965, No. 881, p. 1649, §13; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-13 - Department - Annual Report.

Section 22-50-13
Department - Annual report.
As near after the end of the fiscal years as possible, the department shall print and send to the Governor a report consisting of activities of the department, needs of facilities under its jurisdiction, mental health and intellectual disability conditions in the state with respect to the extent to which needs are being met, plans for the future, financial report for the preceding year, and the names and addresses of the trustees; and a sufficient number of copies shall be printed to distribute to the members of the Legislature.
(Acts 1965, No. 881, p. 1649, §17; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-14 - Department - Requests for Budget Funds.

Section 22-50-14
Department - Requests for budget funds.
Every budget period the department shall present to the Governor a request for funds based on projected needs for mental health and intellectual disability services in the state, together with a budget showing the expenditure of such requested funds; and the Governor shall include in his appropriation bill a request for funds to meet the financial needs of the department.
(Acts 1965, No. 881, p. 1649, §18; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-15 - Funds for Essential Functions.

Section 22-50-15
Funds for essential functions.
Any state supported facility under the jurisdiction of the department providing services requiring on-premises residence of patients or clients, including, but not limited to, Bryce Hospital, Searcy Hospital, and Partlow State School and Hospital, shall be considered an essential function of the state, and funds allocated for the support of said state supported facilities shall not be subject to proration at any time a deficit occurs in the general funds.
(Acts 1965, No. 881, p. 1649, §19; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-16 - Commissioner of Mental Health.

Section 22-50-16
Commissioner of Mental Health.
The Governor shall appoint the Mental Health Commissioner and shall fix his term of office and salary, such salary to be established without regard to any limitations now, or hereafter, established by law unless such law specifically refers to such Mental Health Commissioner. The commissioner shall serve at the pleasure of the Governor. The said Mental Health Commissioner so appointed shall appoint all officers and employees of the department or he may authorize any superintendent, division or bureau head, or other administrator to select with his approval all staff members and employees, and shall fix the salaries of the officers and employees of the Mental Health Department, without regard to any limitation established by law, unless such law passed hereafter shall refer to the particular officer or employee of the Mental Health Department. The commissioner may appoint an Associate Commissioner for Mental Illness, an Associate Commissioner for Intellectual Disabilities and an Associate Commissioner for Administration and Personnel. The associate commissioners shall serve at the pleasure of the commissioner. The Mental Health Commissioner shall exercise supervision over all the officers and employees of the Mental Health Department and should any such officer or employee fail to perform faithfully any of the duties which are lawfully prescribed for him, or if he fails or refuses to observe or conform to any rule, regulation, or policy of the Mental Health Department, the Mental Health Commissioner may remove him from office.
(Acts 1965, No. 881, p. 1649, §11; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-17 - Operation of a Facility for Care or Treatment of Mental or Emotional Illness or Substance Abuse, or Services to Persons With an Intellectual Disability.

Section 22-50-17
Operation of a facility for care or treatment of mental or emotional illness or substance abuse, or services to persons with an intellectual disability.
(a) No person, partnership, corporation, or association of persons shall operate a facility or institution for the care or treatment of any kind of mental or emotional illness or substance abuse or for providing services to persons with an intellectual disability as defined in this chapter, without being certified by the department or licensed by the State Board of Health; provided that nothing in this section shall be construed so as to require a duly authorized physician, psychiatrist, psychologist, social worker, licensed professional counselor operating under the scope of his or her license, or Christian Science practitioner to obtain a license for treatment of patients in his private office, unless he keeps two or more patients in his office for continuous periods of 24 hours or more in one week, or that a church or ministry be certified which provides only religious services.
(b) No part of this section shall be construed as a mandate for an insurance policy, plan, or contract to offer or provide new or additional coverage benefits, or require any payment or prepayment to any person by any insurer or health care service plan.
(Acts 1965, No. 881, p. 1649, §12; Acts 1984, No. 84-242, p. 365, §1; Act 2011-582, p. 1278, §§1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-18 - Commitment and Release of Incompetents, Etc.

Section 22-50-18
Commitment and release of incompetents, etc.
Nothing contained in this chapter shall change or alter the methods, means or procedures provided by law before the enactment of this chapter for the commitment or release of any person alleged to be non compos mentis, incompetent, mentally ill or emotionally disturbed. No person shall be committed to any institution established pursuant to the provisions of this chapter without his consent or except by due process of law in a court of competent jurisdiction.
(Acts 1965, No. 881, p. 1649, §13A.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-19 - Judicial Review of Final Order or Decision by Department.

Section 22-50-19
Judicial review of final order or decision by department.
Any person who has been legally damaged by a final order or decision of the Mental Health Department may have a review of such decision in the circuit court, provided a sworn complaint is filed within 15 days of the date of such order or decision, charging that such order or decision was arbitrary, illegal or capricious; and provided further that security be given to cover court costs and costs of preparing the record of the proceedings before the Mental Health Department, should the said order be upheld by the court.
(Acts 1965, No. 881, p. 1649, §15; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-20 - Forms.

Section 22-50-20
Forms.
The Mental Health Department shall prescribe forms for probate judges to use which would give information deemed necessary by the department about prospective patients or clients.
(Acts 1965, No. 881, p. 1649, §16; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-21 - Police Officers for State Mental Health Facilities or Hospitals.

Section 22-50-21
Police officers for state mental health facilities or hospitals.
The State Mental Health Officer may appoint or employ one or more suitable persons to act as police officers to arrest intruders, trespassers, and persons guilty of improper or disorderly conduct on the property of state mental health facilities or hospitals. Such officers shall be charged with all the duties and invested with all the powers of police officers and may eject trespassers from the hospital grounds, buildings, or lands or arrest them and may, without warrant, arrest any person guilty of abuse of a patient, of a misdemeanor or disorderly conduct, of stealing or injuring property or other offenses committed on the lands or premises of the hospitals and take such person before a district court judge or other officer charged with trial of such offenders, before whom, upon proper affidavit charging the offense, the person so arrested shall be tried and, if found guilty, convicted as in cases of persons brought before such a court on a warrant. Such police officer shall have authority to summon a posse comitatus.
(Code 1896, §2570; Code 1907, §876; Code 1923, §1461; Code 1940, T. 45, §227.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-22 - Exemption of Superintendent and Physician of State Mental Health Facilities From Attending as Witnesses.

Section 22-50-22
Exemption of superintendent and physician of state mental health facilities from attending as witnesses.
Neither the superintendent nor a physician of a state mental health facility or hospital shall be compelled to attend as a witness to testify as an expert in any case or on any question of insanity or psychological medicine in the state; provided, that he shall certify, in writing, within 10 days after the service of the summons, that his absence from the facility or hospital, in his best judgment, will interfere with his or her professional duties and the welfare of the patients under his care. But defendants in criminal cases and the state by the consent of the defendant and, in civil cases, either party may take the deposition of the superintendent or of any of the physicians as to all matters involving his or their expert opinion when such testimony is admissible.
(Code 1896, §2571; Code 1907, §875; Code 1923, §1460; Code 1940, T. 45, §226.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-23 - Penalties for Violation of Chapter, Etc.

Section 22-50-23
Penalties for violation of chapter, etc.
Any person, partnership, corporation or association that violates the provisions of this chapter or any regulations promulgated under authority delegated to the Mental Health Department, and after due notice served by registered or certified mail or personally, shall be liable to pay a penalty of $50.00 per day for each day of such violation. Any officer or any employee of the Mental Health Department, or any other person who shall allow, assist, or abet in the escape of any patient or client confined by court action under the authority of the Mental Health Department shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding $100.00, and he may be punished by imprisonment in the county jail or at hard labor for the county, not exceeding 90 days, the imprisonment to be at the discretion of the judge trying or presiding over the trial of the case. Any member of the Legislature, any member of the Mental Health Department, or any holder of any office of profit with the state who takes any contract for work or services of the Mental Health Department or any of its agencies, or is employed in any way under such contract, or sells any goods or supplies to the Mental Health Department or any of its agencies or is in any wise pecuniarily interested in any such contract or sale, as principal or agent, must, on conviction, be fined not less than $50.00 nor more than $1,000.00 and also forfeit his or her office.
(Acts 1965, No. 881, p. 1649, §14; Acts 1984, No. 84-242, p. 365, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-24 - Repeal of Conflicting Laws; Certain Laws Not Repealed.

Section 22-50-24
Repeal of conflicting laws; certain laws not repealed.
All laws or parts of laws, local, special or general, in conflict with this chapter are hereby specifically repealed. However, nothing in this chapter shall be construed to repeal Article 2 of Chapter 26 of Title 36 of this code.
(Acts 1965, No. 881, p. 1649, §21.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 1 - General Provisions. › Section 22-50-25 - Mental Health Capital Outlay Oversight Commission; Creation; Membership; Appointment; Vacancy; Meetings; Quorum; Appropriation for Capital Outlays and Improvements; Compensation; Funding From Oil and Gas Leases.

Section 22-50-25
Mental Health Capital Outlay Oversight Commission; creation; membership; appointment; vacancy; meetings; quorum; appropriation for capital outlays and improvements; compensation; funding from oil and gas leases.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-770, p. 1326, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 2 - Personnel Policies and Salary Schedules. › Section 22-50-40 - Authority to Establish Personnel Policies and Salary Schedules.

Section 22-50-40
Authority to establish personnel policies and salary schedules.
The Alabama Department of Mental Health is hereby authorized to establish personnel policies and salary schedules for all of its employees, and such policies and schedules shall not be limited by Section 36-6-5 or by any other provisions of law, unless such a law enacted after October 29, 1965, shall refer specifically to the employees of the Alabama Department of Mental Health.
(Acts 1965, 3rd Ex. Sess., No. 9, p. 214, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 2 - Personnel Policies and Salary Schedules. › Section 22-50-41 - Personnel Policies - Inclusion or Continuation of Positions Under Merit System.

Section 22-50-41
Personnel policies - Inclusion or continuation of positions under Merit System.
Personnel policies may be established so as to include under the State Merit System certain positions in the Department of Mental Health and so as to exclude other positions; however, employees of the Alabama Department of Mental Health and positions in such department which were under a Merit System on September 30, 1965, or which are placed under a Merit System by law after October 29, 1965, shall continue under such Merit System unless any such position is abolished by the Alabama Department of Mental Health.
(Acts 1965, 3rd Ex. Sess., No. 9, p. 214, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 2 - Personnel Policies and Salary Schedules. › Section 22-50-42 - Personnel Policies - Continuation of Positions Not Under Merit System.

Section 22-50-42
Personnel policies - Continuation of positions not under Merit System.
Positions in the Department of Mental Health and employees of the Alabama Department of Mental Health not under the State Merit System on October 29, 1965, shall continue not under such Merit System until placed under such State Merit System by the Alabama Department of Mental Health or by law specifically placing such positions or employees under a merit system.
(Acts 1965, 3rd Ex. Sess., No. 9, p. 214, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 2 - Personnel Policies and Salary Schedules. › Section 22-50-43 - Conflicting Provisions of Section 22-50-11 Repealed.

Section 22-50-43
Conflicting provisions of Section 22-50-11 repealed.
Any part of Section 22-50-11 in conflict with this article is hereby specifically repealed.
(Acts 1965, 3rd Ex. Sess., No. 9, p. 214, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 3 - Information, Records, and Research Data. › Section 22-50-60 - Purpose of Article.

Section 22-50-60
Purpose of article.
It is the intent and purpose of the Legislature of the State of Alabama in this article to facilitate the collection of appropriate information, records and research data and to protect the individuals involved.
(Acts 1971, No. 1891, p. 3078, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 3 - Information, Records, and Research Data. › Section 22-50-61 - Authority to Receive Data for Research.

Section 22-50-61
Authority to receive data for research.
(a) The Commissioner of Mental Health, or his or her authorized agent, is hereby authorized to receive data from private or public agencies or agents for the purpose of research and study in mental health. All data received shall be used by the commissioner or persons designated by him for research and study and for program planning. No criminal or civil action may be brought against any person or agency who shall provide or submit such data to the commissioner.
(b) The Commissioner of Mental Health or any person shall not disclose, release, or divulge any information which might reasonably cause identification of a reported or reporting person under the provisions of this section.
(c) Violation of this section constitutes a misdemeanor and, upon conviction, the defendant shall be punished by fine or imprisonment, or both, in the discretion of the court.
(Acts 1971, No. 1891, p. 3078, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 3 - Information, Records, and Research Data. › Section 22-50-62 - Disclosure of Information.

Section 22-50-62
Disclosure of information.
No employee of any of the facilities under the management, control, supervision or affiliated with the Alabama Department of Mental Health shall be required to disclose any record, report, case history, memorandum or other information, oral or written, which may have been acquired, made or compiled in attending or treating any patient of said facilities in a professional character, when such information was necessary in order to evaluate or treat said patient or to do any act for him or her in a professional capacity, unless a court of competent jurisdiction shall order disclosure for the promotion of justice; provided, that where a person is a defendant in a criminal case and a mental examination of such defendant has been ordered by the court, the results or the report of such mental examination shall be forwarded to the clerk of said court and to the district attorney and to the attorney of record for the defendant.
(Acts 1971, No. 1891, p. 3078, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4 - Dementia Education and Training. › Section 22-50-70 - Short Title.

Section 22-50-70
Short title.
Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019.
(Acts 1993, No. 93-547, p. 901, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4 - Dementia Education and Training. › Section 22-50-71 - Legislative Findings.

Section 22-50-71
Legislative findings.
Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019.
(Acts 1993, No. 93-547, p. 901, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4 - Dementia Education and Training. › Section 22-50-72 - Development of Educational Programs and Services for Alzheimer's Disease; Instructors and Training.

Section 22-50-72
Development of educational programs and services for Alzheimer's disease; instructors and training.
Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019.
(Acts 1993, No. 93-547, p. 901, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4 - Dementia Education and Training. › Section 22-50-73 - Promulgation of Rules and Regulations.

Section 22-50-73
Promulgation of rules and regulations.
Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019.
(Acts 1993, No. 93-547, p. 901, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4 - Dementia Education and Training. › Section 22-50-74 - Appropriation of Funding; Fees.

Section 22-50-74
Appropriation of funding; fees.
Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective October 1, 2019.
(Acts 1993, No. 93-547, p. 901, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act. › Section 22-50-80 - Short Title.

Section 22-50-80
Short title.
This article shall be known and may be cited as the Alabama Alzheimer's and Dementia Education, Care, and Training Act.
(Act 2019-453, §1; Act 2019-499, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 2 - Mental Health. › Chapter 50 - Department of Mental Health; Board of Trustees. › Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act. › Section 22-50-81 - Legislative Intent.

Section 22-50-81
Legislative intent.
The purposes of this article are:
(1) To enable Alabamians with Alzheimer's disease, dementia, or related diseases to live with dignity in their homes or community for as long as possible.
(2) To develop services that follow individuals with Alzheimer's disease, dementia, or related diseases and maintain their independence in the community.
(3) To provide appropriate services for Alabamians with Alzheimer's disease, dementia, or related diseases residing in both rural and urban settings.
(4) To emphasize and implement cost-efficient, low-technology, high-yield services that can currently benefit thousands of Alabama citizens.
(5) To allow Alabamians to pay for services based on their individual resources.
(Act 2019-453, §2; Act 2019-499, §2.)