Alabama Administrative Code › Title 305 - ALABAMA DEPARTMENT OF ECONOMIC AND COMMUNITY AFFAIRS › SURPLUS PROPERTY DIVISION › Chapter 305-9-1 - SURPLUS PROPERTY DIVISION PROCEDURES › Section 305-9-1-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(As listed in FPMR 41-101-44)
(1)
Approved or accredited
				nonprofit educational or public health institution or
				organization
. This term shall be broken down into the following
				meanings:
(a) "Approved" means recognition
				and approval by the State Department of Education, State Department of Health,
				or other appropriate authority where no recognized accrediting board,
				association, or other authority exists for the purpose of making an
				accreditation. For an educational institution or an educational program,
				approval must relate to academic or instructional standards established by the
				appropriate authority. An educational institution or program may be considered
				approved if its instructions and credits therefore are accepted by an
				accredited or state-approved institution, or if it meets the academic or
				instructional standards prescribed for public schools in the state; i.e., the
				organizational entity or program is developed primarily to approved academic,
				vocational (including technical or occupational), or professional study and
				instruction which operates primarily for educational purposes on a full-time
				basis for a minimum school year as prescribed by the state and employs a
				full-time staff of qualified instructors. For a public health institution or
				program, approval must relate to the medical requirements and standards for the
				professional and technical services of the institution established by the
				appropriate authority. A health institution or program may be considered as
				approved when a state body having authority under law to establish standards
				and requirements for public health institutions renders approval thereto
				whether by accreditation procedures or by licensing or such other method
				prescribed by state law. In the absence of an official state approving
				authority for a public health institution or program or educational institution
				or program, the awarding of research grants to the institution or organization
				by a recognized authority such as the National Institute of Health, the
				National Institute of Education, or by similar national advisory council or
				organization may constitute approval of the institution or program.
(b) "Accredited" means approval by a
				recognized accrediting board or association on a regional, state, or national
				level, such as the state Board of Education, state Board of Health, the
				American Hospital Association, a regional or national accrediting association
				for universities, colleges, or secondary schools, or another recognized
				accrediting association.
(c)
				"Licensed" means recognition and approval by the appropriate State or local
				authority approving institutions or programs in specialized areas. Licensing
				generally relates to established minimum public standards of safety,
				sanitation, staffing, and equipment as they relate to the construction,
				maintenance, and operation of a health or educational facility, rather than to
				the academic, instructional, or medical standards for these
				institutions.
(d) "Nonprofit
				tax-exempt" means an institution or organization, no part of the net earnings
				of which inures or may lawfully inure to the benefit of any private shareholder
				or individual, and which has been held to be tax-exempt under the provisions of
				Section 501 of the U.S. Internal Revenue Code of 1954.
(e) "Educational Institution" means an
				approved, accredited, or licensed public or nonprofit institution, facility,
				entity or organization conducting educational programs (including research for
				any such programs), such as a:
1. child care
				center, public or nonprofit facility, where educational, social, health, and
				nutritional services are provided to children through age 14 or as prescribed
				by State law, and which is approved or licensed by the State or other
				appropriate authority as a child day care center or child care
				center.
2. school (except school
				for the mentally retarded and school for the physically handicapped) which is a
				public or nonprofit approved or accredited organizational entity devoted
				primarily to approved academic, vocational, or professional study and
				instruction, which operates primarily for educational proposes on a full-time
				basis for a minimum school year and employs a full-time staff of qualified
				instructors.
3. school for the
				mentally retarded which is a public or nonprofit facility or institution
				operated primarily to provide specialized instruction to students of limited
				mental capacity; operates on a full-time basis for the equivalent of a minimum
				school year prescribed for public school instruction of the mentally retarded,
				and has a staff of qualified instructors and demonstrates that the facility
				meets the health and safety standards of the school or local governmental
				body.
4. school for the physically
				handicapped, public or nonprofit, organized primarily to provide specialized
				instruction to students whose physical handicaps necessitate individual or
				group instruction; operates on a full-time basis for the equivalent of a
				minimum school year prescribed for public school instruction for the physically
				handicapped; has a staff of qualified instructors and demonstrates that the
				facility meets the health and safety standards of the state or local
				governmental body.
5. college which
				is an approved or accredited public or nonprofit institution of higher learning
				offering organized study courses and credits leading to a baccalaureate or
				higher degree.
6. university which
				is an approved or accredited public or nonprofit institution for instruction
				and study in the higher branches of learning empowered to confer degrees in
				special departments or colleges.
7.
				educational radio station, public or nonprofit, licensed by the Federal
				Communications Commission and operated exclusively for noncommercial
				educational purposes.
8.
				educational television station, public or nonprofit, licensed by the Federal
				Communications Commission and operated exclusively for noncommercial
				educational purposes.
9. museum
				(public or nonprofit institution) which is organized on a permanent basis for
				essentially educational or aesthetic purposes and which, using a professional
				staff, owns or uses tangible objects, whether animate or inanimate; cares for
				these objects; and exhibits them to the public on a regular basis (at least
				1000 hours a year). As used in this section, the term "museum" includes, but is
				not limited to, the following institutions if they satisfy all other provisions
				of this definition: Aquariums and zoological parks; botanical gardens and
				arboretums; nature centers; museums relating to art, history (including
				historic buildings), natural history, science, and technology; and
				planetariums. For the purposes of this definition, an institution uses a
				professional staff if it employs at least one full-time staff member or the
				equivalent, whether paid or unpaid, primarily engaged in the acquisition care,
				or public exhibition of objects owned or used by the institution. This
				definition of museum does not include any institution that exhibits objects to
				the public if the display or use of the objects is only incidental to the
				primary function of the institution.
10. library, public or nonprofit, which
				provides library services free to all residents of a community, district,
				State, or region.
(f)
				"Public health institution" means an approved, accredited, or licensed public
				or nonprofit institution, facility, entity, or organization conducting a public
				health program or programs, such as a:
1.
				medical institution which is approved, accredited, or licensed public or
				nonprofit institution, facility, entity or organization the primary function of
				which is the furnishing of public health and medical services to the public at
				large or promoting public health through the conduct of research for any such
				purposes, experiments, training or demonstrations relating to cause, prevention
				and methods of diagnosis and treatment of diseases and injuries.
2. hospital which is an approved or
				accredited public or nonprofit institution providing public health services
				primarily for inpatient medical or surgical care of the sick and injured and
				includes related facilities such as laboratories, outpatient departments,
				training facilities, and staff offices.
3. clinic which is an approved public or
				nonprofit facility organized and operated for the primary purpose of providing
				outpatient public health services and includes customary related services such
				as laboratories and treatment.
4.
				health center which is an approved public or nonprofit facility utilized by a
				health unit for the provision of public health services, including related
				facilities such as diagnostic and laboratory facilities and clinics.
5. nursing home which is a public or
				non-profit institution providing skilled nursing care and related medical
				services to individuals admitted because of illness, disease, or physical or
				mental infirmity. A nursing home may be considered as a qualified public health
				institution if it is:
(i) operated in
				connection with a hospital;
(ii) a
				facility for long-term care of convalescents, chronic disease patients, or
				other persons who require skilled nursing care and related medical services in
				which the nursing care and medical services are prescribed by or are performed
				under the general direction of persons licensed to practice medicine or surgery
				in the State; or
(iii) certified to
				provide health services to medicaid or medicare patients under the provisions
				of the Social Security Act.
6. geriatric center, public or nonprofit,
				which furnishes public health and medical services to the aged.
7. alcohol or drug abuse treatment centers,
				public or nonprofit, which are clinics or medical institutions providing for
				the diagnosis, treatment, and rehabilitation of alcoholics and drug addicts.
				These centers should have available professional medical staffs on a regular
				visiting basis.