reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.10 - Hearing Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 hearing officer appointed by the State Health Officer shall preside at
			 contested case hearings. The hearing officer shall serve as trier of
			 fact.
(2) All parties will be
			 afforded an opportunity to respond and present witnesses and evidence and
			 argument on all material issues involved and to be represented by counsel at
			 their own expense. The Department will be represented by the Office of General
			 Counsel.
(3) If a party fails to
			 appear in a contested case proceeding after proof of proper service of notice,
			 the hearing officer may proceed with the hearing and make a decision in the
			 absence of the party. In those contested case proceedings in which the denial
			 of a license or permit is at issue, where the burden of proof lies with the
			 aggrieved party, the hearing officer shall enter an order of dismissal with
			 prejudice if the aggrieved party fails to appear after proof of proper service
			 of notice.
(4) The hearing officer
			 shall conduct the evidentiary hearing substantially as follows:
(a) open the record and receive
			 appearances;
(b) direct the giving
			 of oaths;
(c) receive testimony and
			 exhibits presented by the parties;
(d) interrogate witnesses, if deemed
			 necessary;
(e) rule on motions and
			 objections;
(f) require oral
			 arguments and submission of briefs and other authority when
			 necessary;
(g) close the
			 proceedings; and
(h) prepare
			 written findings of fact and conclusions of law and present them, with a
			 recommendation and proposed order, together with the complete record, to the
			 State Health Officer.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.11 - Resolution Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On presentation of the hearing officer's
			 findings of fact and conclusions of law, recommendation and proposed order, the
			 Office of General Counsel shall mail copies to each party.
(2) The parties shall have 15 days from the
			 date of decision in which to present written objections to the proposed order,
			 alternative language or briefs to the State Health Officer. The State Health
			 Officer, in his or her discretion, may permit oral argument.
(3) Upon receiving the hearing officer's
			 findings of fact and conclusions of law, recommendation, proposed order and the
			 complete hearing record, and the parties' objections, alternative language,
			 briefs and oral argument, if allowed, the State Health Officer shall enter an
			 order which may accept, reject, or modify the proposed order of the hearing
			 officer.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §
										41-22-12.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.12 - Proceedings For Adverse Licensure Actions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall utilize the contested
			 case procedure in this chapter to take any adverse action on any existing
			 license of a hospital or other health care facility under the jurisdiction of
			 the Board except when required to be modified by
Code of Ala.
			 1975
, §§
								22-21-25,
			 22-21-26.
(2) Such adverse licensure actions shall be
			 initiated by notices served on the affected licensee as provided in Rule
			 420-1-3-.04 except that
			 revocation and suspension actions shall be served only by registered or
			 certified mail, return receipt requested. Service may also be achieved by
			 regular mail as provided by Rule
			 420-1-3-.02(2).
			 Such notice shall include the charges and specifications including a
			 description of the grounds for the proposed action and the date, place and time
			 of the meeting at which such proposed adverse action shall be heard. Notices
			 shall be served at least 3 0 days prior to the date of the hearing.
(3) Licensees shall be provided an
			 opportunity to respond in writing and/or orally on the date of the hearing.
			 Licensees may be represented by legal counsel and may present evidence in their
			 defense. The Department and the licensee may present and cross-examine
			 witnesses and the hearing officer may examine and cross-examine
			 witnesses.
(4) The burden of proof
			 rests with the Department in any contested case proceeding taking adverse
			 action against an existing license.
(5) Revocation and suspension proceedings
			 shall be recorded by a certified court reporter.
(6) The hearing officer shall, upon
			 completion of such hearing, make findings of fact on all adverse action and
			 shall make recommendations to the State Health Officer who shall consider such
			 recommendations and shall reverse, affirm, or modify the recommendations of the
			 hearing officer.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-25,
				  22-21-26,
				  41-22-12,
				  41-22-17,
				  41-22-20.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-3 - HEARING OF CONTESTED CASES › Section 420-1-3-.13 - Application For Rehearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any party aggrieved by an order of the State Health Officer who desires to have
			 the same modified or set aside may, within 15 days after the entry of the
			 order, file an application for rehearing, which shall specify in detail the
			 grounds for the relief sought therein and the authorities in support
			 thereof.
(2) The filing of such an
			 application for rehearing shall not extend, modify, suspend or delay the
			 effective date of the order, and said order shall take effect on the date fixed
			 by the State Health Officer and shall continue in effect unless and until said
			 application shall be granted or until said order shall be superseded, modified,
			 or set aside in a manner provided by law.
(3) Such application for rehearing may be
			 filed only if the final order is alleged to be:
(a) In violation of constitutional or
			 statutory provisions;
(b) In excess
			 of the statutory authority of the State Board of Health;
(c) In violation of a rule of the State Board
			 of Health;
(d) Made upon unlawful
			 procedure;
(e) Affected by other
			 error of law;
(f) Clearly erroneous
			 in view of the reliable, probative and substantial evidence on the whole
			 record; or
(g) Unreasonable,
			 arbitrary or capricious or characterized by an abuse of discretion or a clearly
			 unwarranted exercise of discretion.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS › Section 420-1-4-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Legal
			 Authority for Adoption of Rules. Under and by virtue of authority vested in it
			 by the Legislature of the State of Alabama,
Code of Ala.
			 1975
, §§
								22-2-2(6),
			 41-22-11, the Alabama State Board
			 of Health does hereby adopt and promulgate the following rules governing
			 petitions for declaratory rulings directed to the Alabama State Board of
			 Health.
(2) Definitions (a list of
			 selected terms often used in connection with these rules):
(a) "Board" or "State Board of Health" means
			 the Alabama State Board of Health as constituted under
Code of Ala.
			 1975
, §
									22-2-1.
(b) "Department" means the Alabama Department
			 of Public Health as defined in
Code of Ala. 1975
,
			 §
									22-1-1.
(c) "Person" means any legal entity,
			 including a natural person, a partnership, an estate, as association, a trust,
			 or a corporation.
(d) "Petition"
			 means a properly submitted request for a declaratory ruling.
(e) "Petitioner" means a person who requests
			 or has requested a declaratory ruling from the Alabama State Board of
			 Health.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS › Section 420-1-4-.02 - Petitions For Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Persons Who May Submit. Any person who is
			 substantially affected by any rule of the Board, and any person substantially
			 affected by any state or federal statute enforceable by the Board or by the
			 Department may submit a petition requesting a declaratory ruling.
(2) Scope of Declaratory Ruling. In response
			 to a properly submitted request, the Board may issue a declaratory ruling with
			 respect to the validity of a rule, with respect to the applicability to any
			 person, property, or state of facts of any rule or statute enforceable by the
			 Board or by the Department, or with respect to the meaning and scope of any
			 action taken by the Board. The Board shall not issue a declaratory ruling with
			 respect to any other matters.
(3)
			 Effect of Declaratory Ruling. A declaratory ruling is binding on the Board and
			 on the petitioner unless altered or set aside by a court of competent
			 jurisdiction, as provided in
Code of Ala. 1975
, §
								41-22-11.
Author:
Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-11.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS › Section 420-1-4-.04 - Computation Of Time

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Forty-Five-Day Response Period. All properly submitted petitions may be ruled
			 upon by the State Health Officer in the name of the Board within forty-five
			 calendar days of receipt.
(2) When
			 Period Begins to Run. The forty-five-day period shall begin running on the
			 first State of Alabama business day that the petition is received in the Office
			 of General Counsel.
(3) Date
			 Declaratory Ruling Deemed Issued. A declaratory ruling shall be deemed issued
			 when deposited in the U.S. mail, or when actually delivered to the petitioner,
			 whichever is earlier.
Author:
Brain Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  41-22-11.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-4 - PETITIONS FOR DECLARATORY RULINGS › Section 420-1-4-.05 - Response By The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Interim Response.
(a) Each petition received
			 by the General Counsel shall be docketed and examined for conformity to these
			 rules.
(b) If the petition is
			 determined to present an appropriate request for declaratory ruling, and if it
			 is in proper form, then the General Counsel shall promptly notify the
			 petitioner of receipt of the petition, of the date of receipt, of acceptance of
			 the petition as a valid request for an declaratory ruling, and of the
			 forty-five-day time limit within which the petition must be answered.
(c) If the petition presents an inappropriate
			 request for a declaratory ruling, or if the petition does not follow the form
			 required by these rules, it shall be promptly returned to the petitioner by the
			 General Counsel, together with a brief explanation of the reason(s) for its
			 return.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.01 - Function

Current through Register Vol. 42, No. 9, June 28, 2024
The State Board of Health was constituted by
Code
				of Ala. 1975
, §
								22-2-1, and is charged with the
				responsibility for safeguarding the public health through enforcement of the
				public health laws of the State of Alabama and other means as enumerated in
				§
								22-2-2. The terms State Board of
				Health, State Committee of Public Health, State Department of Public Health,
				and State Health Officer are used interchangeably except where the context
				prohibits.
Author:
P. Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(6),
				  22-2-11,
				  41-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.02 - Organization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Location. The
			 State Board of Health and its administrative arm, the Department of Public
			 Health, have central offices located in the RSA Tower, 201 Monroe Street,
			 Montgomery, Alabama 36104. Mailings are to be sent to Post Office Box 303017,
			 Montgomery, Alabama 36130-3017. Office hours are 8 a.m. to 5 p.m., Monday
			 through Friday, official state holidays excluded.
(2) Composition of the Board. The Medical
			 Association of the State of Alabama is the State Board of Health. The Board
			 functions through the State Committee of Public Health as constituted by
Code of Ala. 1975
, §
								22-2-4, which is composed of 12
			 members of the Medical Association of the State of Alabama and the chairman of
			 each of four councils provided for by statute. The 16 members function under
			 the leadership of a chairman and a vice chairman elected by the membership for
			 a term of four (4) years.
(3)
			 Meetings. The State Committee of Public Health meets monthly. Agendas are
			 available to any interested persons not less than seven days in advance of the
			 meeting, if available, in accordance with the Alabama Open Meetings Act. All
			 meetings will be open to the public unless closed in accordance with the
			 Alabama Open Meetings Act. Meetings are conducted in accordance with The
			 Standard Code of Parliamentary Procedure, 4th
			 edition.
(4) Minutes of the
			 Committee meetings are prepared and are available at the Board of Health
			 offices for inspection during regular business hours.
(5) The Organizational Chart set out on the
			 World Wide Web at
http://www.adph.org
is not a rule but is provided as a guide to the Department's organization. Such
			 is subject to change without notice by the State Health Officer or State Board
			 of Health.
Author:
P. Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-1,
				  22-2-2,
				  22-2-4,
				  22-2-5,
				  22-2-6,
				  22-2-9,
				  22-2-10,
				  41-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.03 - Administration

Current through Register Vol. 42, No. 9, June 28, 2024
The Committee of Public Health elects an executive officer who
				is known as the State Health Officer and who is responsible for the day-to-day
				administration of the Board's activities. The Department of Public Health is
				composed of numerous offices, bureaus, divisions, and public health areas which
				answer directly to the State Health Officer.
Author:
P. Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-8,
				  41-22-4.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.05 - Forms

Current through Register Vol. 42, No. 9, June 28, 2024
Appropriate official forms of the Department of Public Health
				are available from the bureau or division administering the program or the area
				health officer. Forms used in locally administered programs are available from
				the local health department, the office of the State Health Officer or the
				appropriate state program office.
Author:
P. Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2,
				  41-22-2.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.06 - Agency Secretary For Administrative Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The General Counsel of the Department of
			 Public Health, whose office is located at 201 Monroe Street, Suite 1540,
			 Montgomery, Alabama 36104, will serve as the Agency Secretary for
			 Administrative Procedures. Mailings to the Agency Secretary are to be sent to
			 Post Office Box 303017, Montgomery, Alabama 36130-3017.
(2) The duties of the Agency Secretary
			 include the following:
(a) Sign and file
			 certified copies of all rules with the Legislative Reference Service;
(b) Receive, docket and maintain an updated
			 file on all rules, amendments or repeal of rules;
(c) Keep a permanent register of all rules
			 for public inspection and copying;
(d) Establish and maintain the State Board of
			 Health Administrative Code;
(e)
			 Maintain a case accounting system.
(f) By policy, provide for subscription
			 services to the Rules of the State Board of Health.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.07 - County Board Of Health Rules

Current through Register Vol. 42, No. 9, June 28, 2024
All County Board of Health rules shall be filed with the Agency
				Secretary 30 days prior to adoption and shall not conflict with existing State
				Board of Health rules concerning the same subject matter.
Author:
P. Brian Hale
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-2-2(1)(6)(7);
				  22-3-2.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.08 - State Level Fees

Current through Register Vol. 42, No. 9, June 28, 2024
Notwithstanding any rule provision previously adopted by the
				State Board of Health, pursuant to
Code of Ala. 1975
,
				§§22-llA-42 and 41-1-11, the Department of Public Health shall
				collect fees for the services as set out below.
(1) Bureau of Environmental Services
(a) Lead Hazard Reduction Contractor
			 Certification
1. Initial Application Fee --
			 $300
2. Annual Renewal Fee --
			 $240
3. Replacement Certificate Fee
			 -- $30
4. Project Fees:
(i) Residential Dwelling Unit -- $120 per
			 residential dwelling unit covered by the project notification for project of 1
			 to 5 dwelling units up to $600. For projects exceeding 5 residential dwelling
			 units, the fee shall be $600 plus 2 percent (.02) of the contract (project)
			 cost covered by the project notification but not to exceed $12,000.
(ii) Child Occupied Facilities -- $300 for
			 each child occupied facility plus 2 percent (.02) of the contract (project)
			 cost covered by the project notification but not to exceed $12,000.
(iii) Combined Mixed Use Project. (Project
			 which contains both residential dwelling units and child occupied facilities):
			 $120 per residential dwelling unit covered by the project notification for
			 project of 1 to 5 dwelling units up to $600, $300 for each child occupied
			 facility, plus 2 percent (.02) of the contract (project) cost covered by the
			 project notification but not to exceed $12,000.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-5 - ORGANIZATION AND OPERATION OF THE STATE BOARD OF HEALTH › Section 420-1-5-.09 - State Health Orders

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Pursuant to
Code of Ala. 1975
, §22-2-2(6), the
			 State Board of Health is authorized to adopt and promulgate rules and
			 regulations providing proper methods and details for administering the health
			 and quarantine laws of the state. State law,
Code of Ala.
			 1975
, §§22-2-5 and 22-2-8, further delegates this
			 authority to the State Committee of Public Health and to the State Health
			 Officer.
(2) No emergency rule
			 adopted pursuant
Code of Ala. 1975
, §41-22-5(b),
			 order, or other directive relating to containment or mitigation measures to
			 address a disease outbreak that is generally applicable to the public at large,
			 or to businesses, entities, or institutions, shall be effective unless it is
			 first approved by the Governor and a copy filed in the Office of the Secretary
			 of State.
(3) Paragraph (2) shall
			 not prohibit or restrict the State Health Officer from issuing individualized
			 directives or orders to persons or businesses for violations of state law
			 and/or rules adopted by the State Board of Health, or closure of certain state
			 waters for oyster harvesting. Individualized directives or orders to persons or
			 businesses include:
(a) Emergency suspensions
			 or proposed revocations of permits, licenses, or authorizations to engage in
			 activities governed by state law and/or State Board of Health rules;
(b) Fines issued for violations of state law
			 and/or State Board of Health rules;
(c) Directives to destroy adulterated or
			 contaminated food, milk, or milk products;
(d) Directives to abate insanitary conditions
			 caused or maintained by an individual or business which are, or are likely to
			 become, menaces to public health; and
(e) Quarantine and isolation orders issued to
			 persons having, or suspected of having, a communicable disease.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.01 - Purpose. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.02 - Definition Of Terms. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.03 - Administrative Role. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.04 - Grant Submittal Requirements. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.05 - Grant Distribution Procedures. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-1-10 - ALABAMA LEGACY FOR ENVIRONMENTAL RESEARCH TRUST (ALERT) (REPEALED) › Section 420-1-10-.06 - Reporting Of Achievements. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Melvin Maraman
Statutory Authority:
Act No. 92-658.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Purpose. The purpose of these rules is to protect the health of the public by
			 establishing standards for the training, qualification, scope of practice, and
			 licensing of emergency medical services personnel and for the operation,
			 design, equipment, and licensing of ambulances and ambulance service operators.
			 These rules shall be interpreted and applied to protect the public
			 health.
(2) Statutory Authority.
			 The State Board of Health is authorized to adopt and promulgate these rules
			 under and by virtue of the authority of §
								22-18-1, et seq.,
Code
			 of Ala. 1975
.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et
				  seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.03 - Research And Data

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Records and data may be released as needed to the principal investigators
			 associated with a valid scientific study provided that the protocols for
			 release and handling of such records and data shall be approved in advance by a
			 duly constituted institutional review board for the protection of human
			 subjects.
(2) All data requests
			 shall be made to the OEMS by submitting a Data Request application.
(3) All approved data requests or studies
			 involving any information collected through the OEMS shall require that the
			 published results contain a statement acknowledging the efforts and cooperation
			 by the OEMS.
(4) All published
			 results of a data request shall be submitted to the OEMS within a reasonable
			 time.
(5) Any licensee who is, or
			 contemplates being, engaged in a bona fide research program which may be in
			 conflict with one or more specific provisions of these rules may make
			 application for a variance of the specific provisions in conflict. Application
			 for a variance shall be made to the OEMS which shall, upon completion of its
			 investigation and recommendation of the SEMCC, send its findings, conclusions,
			 and recommendations to the State Health Officer for final action.
Rule
				  420-2-1-.32 was renumbered
				  420-2-1-.03 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.04 - Portable Physician Do Not Attempt Resuscitation (DNAR) And Pediatric Palliative And End Of Life (PPEL) Care Orders

Current through Register Vol. 42, No. 9, June 28, 2024
EMSP are authorized to follow Portable Physician DNAR and PPEL
				Care Orders that are available, known to them, and executed in accordance with
				Rules 420-5-19-.02 and -.03. In
				honoring such orders, EMSP shall not withhold comfort care, such as I.V.
				fluids, oxygen, suction, control of bleeding, administration of pain
				medication, and the provision of palliative and supportive care. In no event
				shall an EMSP honor such orders for any patient who is able to, and does
				express to such personnel the desire to be provided resuscitative
				measures.
Rule
				  420-2-1-.17 was repealed as per
				  certification Filed March 20, 2001; effective April 24, 2001. As a result of
				  this Rule
				  420-2-1-.20 was renumbered to
				  420-2-1-.19. Rule .19 was
				  renumbered to .31 as per certification filed April 20, 2011; effective May 25,
				  2011. Rule
				  420-2-1-.31 was renumbered
				  420-2-1-.04 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.05 - Medical Direction Facility

Current through Register Vol. 42, No. 9, June 28, 2024
Medical direction facilities shall:
(1) Provide properly credentialed and
			 licensed medical direction physician coverage in the emergency department 24
			 hours per day, 7 days a week, 365 days a year.
(2) Provide on-line medical direction to EMSP
			 for out of hospital care on a 24 hour per day, 7 day a week, 365 days a year
			 basis in accordance with approved operations, treatment, triage, and transfer
			 protocols.
(3) Complete and sign a
			 Memorandum of Understanding (MOU) with the OEMS. The agreement shall include a
			 list of all licensed emergency medical direction physicians who give medical
			 orders to EMSP. The list shall also include the full name of each physician and
			 his or her MDPID.
(4) Maintain a
			 Hospital Emergency Administrative Radio (HEAR) communication system capable of
			 serving the emergency medical provider services' needs for the areas
			 served.
(5) Ensure that all on-line
			 medical direction physicians communicate directly with emergency medical
			 provider services and EMSP when providing orders unless the physician is
			 providing other critical medical duties which can only be provided by a
			 physician.
Rule
				  420-2-1-.14 was renumbered
				  420-2-1-.05 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.06 - Medical Direction

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Service Medical Directors shall:
(a) Sign a
			 written agreement outlining accepted responsibilities to provide emergency
			 medical provider service medical oversight.
(b) Have experience, training, and a current
			 or previous board certification from a recognized broad-based medical specialty
			 organization such as emergency medicine, internal medicine, surgery, family
			 practice, general practice (if current MDPID number issued prior to January 1,
			 2011), or pediatrics (in combination with an adult specialty, unless service is
			 licensed with the OEMS as a pediatric specialty care transport
			 service).
(c) Hold and maintain a
			 current ACLS certificate or be board certified in emergency medicine. Pediatric
			 physicians shall hold and maintain a current Pediatric Advanced Life Support
			 (PALS) certificate or be board certified in pediatric emergency
			 medicine.
(d) Complete the Alabama
			 EMS Medical Director Course and be issued an OEMS MDPID number.
(e) Possess a current license to practice
			 medicine from the Medical Licensure Commission of Alabama and a current
			 unrestricted Drug Enforcement Agency (DEA) number and an unrestricted Alabama
			 controlled substances certificate or obtain a variance as provided for within
			 these rules.
(f) Provide oversight
			 to ensure that all EMSP, for which he or she provides direction, are properly
			 educated and licensed pursuant to these rules.
(g) Provide oversight to ensure that all
			 EMSP, for which he or she provides direction, are following the Board approved
			 Alabama EMS Patient Care Protocols.
(h) Provide oversight to ensure that an
			 effective method of quality assurance and improvement is integrated into the
			 emergency medical provider services for which he or she provides direction,
			 day- to-day patient care delivery.
(i) Provide oversight to ensure that the
			 emergency medical provider services for which he or she provides direction, are
			 in compliance with these rules.
(j)
			 Have authority to remove and provide remedial education to any EMSP working
			 under his or her license, and notify the OEMS of each occurrence.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.07 - Licensure Status Categories

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Active - A license that allows an EMSP or
			 provider service the privilege to practice all duties within the scope defined
			 pursuant to the level of licensure.
(a)
			 Restricted - A restricted license may be granted by the Board to an individual
			 who no longer meets the essential functions of an EMSP as outlined in the
			 Functional Job Analysis available at
https://one.nhtsa.gov/people/injury/ems/EMT-P/disk1%5B1%5D/Intro-C.pdf
in the National Highway Traffic and Safety Administration, National Standard
			 Curriculum. An individual with a restricted license status may not perform the
			 functions of an active EMSP until such time as the individual completes an
			 essential job functions analysis form that states the EMSP is able to perform
			 the duties set forth in the Functional Job Analysis.
(b) Probationary - At its discretion, the
			 Board may grant a probationary license or downgrade an unrestricted license,
			 for a specific period which shall not exceed 1 year, when it determines that
			 the EMSP or provider service has engaged in one or more deficient practices
			 which are serious in nature, chronic in nature, or which the EMSP or provider
			 service has failed to correct. This failure could lead to additional licensure
			 actions including suspension or revocation.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.08 - Initial Licensure Qualifications For EMS Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Initial EMSP qualifications are:
(a) The license candidate shall be 18 years
			 of age within 1 year of the course completion date of the entry level
			 course.
(b) The license candidate
			 shall meet the essential functions of an EMSP as outlined in the Functional Job
			 Analysis. The Functional Job Analysis was developed and adopted for the State
			 examination accommodations to meet the requirements of the ADA. A copy of these
			 functions may be reviewed in the U.S. Department of Transportation, National
			 Highway Traffic Safety Administration's Emergency Medical Technician: EMT,
			 National Standard Curriculum: Appendix A.
(c) The license candidate shall disclose any
			 convictions during enrollment procedures and gain clearance through the OEMS
			 prior to beginning any classes.
(d)
			 The license candidate shall complete the current National Standard Curriculum
			 approved by the Board.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.09 - Licensure For Out-Of-State EMS Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All applicants shall have a current NREMT
			 certificate, a current approved CPR card, a declaration of citizenship form,
			 and verification of current Alabama protocol education to be issued an active
			 license.
(2) All persons possessing
			 a current NREMT EMT Intermediate certificate will be eligible for an EMT
			 license provided all other application requirements are met.
(3) An additional Interfacility Transfer
			 Course will be required for the individual to receive the Interfacility
			 endorsement on the license, which allows for the EMSP to transfer patients out
			 of a requesting facility.
Rule
				  420-2-1-.17 was repealed as per
				  certification Filed March 20, 2001; effective April 24, 2001. As a result of
				  this Rule
				  420-2-1-.23 was renumbered to
				  420-2-1-.22. Rule
				  420-2-1-.22 was renumbered
				  420-2-1-.09 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.10 - License Expiration, Renewal, And Reinstatement For EMS Personnel

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prior to
			 license expiration, the OEMS will attempt to notify each licensed individual
			 utilizing the most recent contact information that has been provided. If an
			 individual fails to receive this notice, it will not relieve him or her of the
			 responsibility for license renewal.
(2) Renewal applications received after March
			 1 will not guarantee the applicant's license will be processed in time to avoid
			 expiring. All individual licenses expire on March 31 of a given year.
(3) Any applicant who submits an application
			 attesting that all continuing education requirements have been met, when they
			 have not, will be subject to disciplinary action for falsification of
			 records.
(4) All individuals are
			 subject to an audit of all information attested to on the application. All
			 applicants who are selected for audit have 72 hours to submit their
			 documentation. Failure to provide the requested documentation will result in
			 disciplinary action for falsification of records.
(5) An individual who was licensed prior to
			 1986 and was not required to obtain NREMT certification for initial licensure
			 will be granted amnesty for the requirement of maintaining NREMT certification.
			 In lieu of the NREMT certification requirement, these individuals may submit
			 current OEMS continuing education requirements and OEMS approved adult and
			 pediatric protocol education. If NREMT certification is obtained, it must be
			 maintained for continued licensure.
(6) An individual whose license has been
			 revoked may reapply for licensure no less than 2 years after the licensure
			 action was taken.
(7) An individual
			 whose application was denied and whose denial was unsuccessfully appealed at a
			 hearing may reapply for licensure no less than 2 years after the date the final
			 order was rendered.
(8) An
			 individual who chose to consent to surrender his or her license to avoid a
			 hearing and possible adverse licensure action may reapply for licensure no less
			 than 2 years after the surrender was approved and accepted by the
			 Board.
(9) The license renewal fees
			 for the OEMS are listed in Rule
			 420-1-5-.08(3),
			 Ala. Admin. Code.
(10) Renewal
			 Level Requirements:
(a) Emergency Medical
			 Responder (EMR):
1. A completed application
			 and the 2-year license renewal fee in the form of a check, money order, credit
			 card, debit card, or cash.
2.
			 Current NREMT certification.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.11 - Licensure For Emergency Medical Provider Services

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person shall operate an emergency
			 medical provider service until obtaining a license. All emergency medical
			 provider service licenses are issued by the OEMS under the authority of the
			 Board. Each emergency medical provider service license will be issued with the
			 appropriate level of authorization.
(2) Categories of emergency medical provider
			 service licenses.
(a) ALS Transport (ground or
			 air)
(b) ALS
			 Non-transport
(c) BLS
			 Transport
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.12 - Advanced Life Support Personnel Scope of Practice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All advanced EMS licensure levels shall
			 have the ability to provide ALS medical treatments and interventions as
			 described in the Alabama EMS Patient Care Protocols as applicable to their
			 level of licensure if the following criteria are met:
(a) The individual has a valid Alabama EMSP
			 license.
(b) The individual is
			 current on all applicable protocol updates approved by the Board.
(c) The individual is listed on a licensed
			 ALS emergency medical provider service's personnel roster.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.13 - Critical Care

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To become
			 Critical Care licensed, a provider service must:
(a) Submit a Critical Care Practice
			 application.
(b) Follow the
			 approved Alabama EMS Critical Care Patient Care Protocols in addition to the
			 Alabama EMS Patient Care Protocols.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.14 - EMT-Intermediates (I-85)

Current through Register Vol. 42, No. 9, June 28, 2024
NOTE:
This section only applies to current
				licensed Alabama EMT-Intermediates.
(1) The OEMS discontinued licensing
			 EMT-Intermediates (I-85) in 2003. All existing EMT-Intermediates (I-85) will
			 continue to be licensed as such so long as their licenses are properly renewed
			 each license cycle.
(2) The
			 EMT-Intermediate (I-85) shall have the ability to provide medical treatment
			 skills and interventions as described in the Alabama EMS Patient Care Protocols
			 for the EMT-Intermediate (I-85) that are modified as needed based on changes
			 granted by the Board.
(3) The
			 license certification examination is not applicable in Alabama for this level.
			 This does not affect EMT-Intermediates (I-85) already licensed in Alabama. (See
			 Reciprocity for Out of State EMT-Intermediates (I-85.))
Rule
				  420-2-1-.17 was repealed as per
				  certification Filed March 20, 2001; effective April 24, 2001. As a result of
				  this Rule
				  420-2-1-.26 was renumbered to
				  420-2-1-.25. Rule
				  420-2-1-.24, Credentialing, was
				  repealed therefore Rule
				  420-2-1-.25 was renumbered
				  420-2-1-.24 as per certification
				  filed December 17, 2007; effective January 21, 2008.
Rule
				  420-2-1-.24 was renumbered
				  420-2-1-.14 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.15 - Emergency Vehicle Operator Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A valid driver license.
(2) A current emergency vehicle operations
			 certificate from an approved course that shall be maintained in the emergency
			 medical provider service's employee file.
(3) A current approved CPR card.
(4) A certificate of completion from a
			 Department of Transportation Emergency Medical Responder Curriculum Course or
			 higher, or from the Alabama Fire College Emergency Care Provider
			 Course.
Rule
				  420-2-1-.05 was renumbered
				  420-2-1-.15 as per certification Filed February 20, 2019; effective April 7,
				  2019.
Authors:
William Crawford, M.D.; Jamie
				  Gray
Statutory Authority:
Code of Ala.
				  1975
, §
										22-18-1, et seq.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.16 - Emergency Medical Dispatch

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All emergency calls received for
			 emergency medical provider services shall be processed by a certified EMO which
			 will provide pre-arrival medical care instructions to the caller.
(2) All EMDs must have:
(a) A current designation of EMO from the
			 Alabama EMO program or a nationally recognized EMO certification course
			 approved by the Alabama Statewide 911 Board and the Alabama Department of
			 Public Health, OEMS (A list of approved courses may be found at
http://www.alabamapublichealth.gov/ems)
.
(b) A current CPR certification.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.18 - Air Provider Services, Equipment, Fluids And Medications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Air Ambulance
			 Providers are subject to all rules in this chapter except Rule
			 420-2-1-.17.
(2) No unlicensed emergency medical provider
			 service or personnel shall transport a patient from one point within Alabama to
			 another point within Alabama.
(3)
			 All permitted aircraft listed on an emergency medical provider service's
			 application shall meet the Minimum Equipment Standards and Supplies for
			 Licensed EMS Provider Services that pertain to their type of provider service.
			 The Minimum Equipment Standards and Supplies for Licensed EMS Provider Services
			 will be maintained by the EMS and will be available upon request or can be
			 found posted at
http://www.alabamapublichealth.gov/ems
.
(4) All permitted aircraft are subject to
			 inspection by the OEMS.
(5) Air
			 Ambulance Providers shall:
(a) Comply with
			 current applicable provisions of Part 135 FAR and be authorized by the FAA to
			 provide air ambulance operations.
(b) Cause the interior of the aircraft to be
			 climate controlled to avoid adverse effects on patients and personnel.
1. The inside cabin shall be capable of
			 maintaining temperature ranges of no less than 50 degrees Fahrenheit and no
			 greater than 95 degrees Fahrenheit to prevent adverse effects on the patient.
			 (This applies when patient is on board in flight - not during take-off or
			 landing.)
2. Cabin temperatures
			 shall be measured and documented every 15 minutes during a patient transport. A
			 thermometer shall be secured inside the cabin.
3. The provider shall have written policies
			 that address measures to be taken to avoid adverse effects of temperature
			 extremes on patients and personnel on board.
4. In the event cabin temperatures are less
			 than 50 degrees Fahrenheit or greater than 95 degrees Fahrenheit, the provider
			 shall require documentation be red flagged for the quality improvement process
			 to evaluate what measures were taken to mitigate adverse effects on the patient
			 and crew and what outcomes resulted.
Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-2-1 - EMERGENCY MEDICAL SERVICES › Section 420-2-1-.19 - Provider Service Staffing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensed Ground ALS transport and
			 non-transport services shall meet the following applicable staffing
			 configurations:
(a) Licensed transport
			 services with an ALS Level 1 Authorization shall, at a minimum, staff one ALS
			 Ground Ambulance with an emergency vehicle operator and licensed
			 Paramedic.
(b) Licensed transport
			 services with an ALS Level 1- Critical Care Authorization shall, at a minimum,
			 staff each ALS Ground Ambulance with an emergency vehicle operator, a licensed
			 ALS EMSP, and a Critical Care Paramedic.
(c) Licensed transport services with an ALS
			 Level 2 Authorization shall, at a minimum, staff one ALS vehicle with an
			 emergency vehicle operator and licensed Advanced EMT.
(d) Licensed transport services with an ALS
			 Level 3 Authorization shall, at a minimum, staff one ALS vehicle with an
			 emergency vehicle operator and licensed Intermediate (I-85).
(e) Licensed non-transport services with an
			 ALS Level 1 Authorization shall, at a minimum, staff one ALS vehicle with a
			 licensed Paramedic.
(f) Licensed
			 non-transport services with an ALS Level 2 Authorization shall, at a minimum,
			 staff one ALS vehicle with a licensed Advanced EMT.
(g) Licensed non-transport services with an
			 ALS Level 3 Authorization shall, at a minimum, staff one ALS vehicle with a
			 licensed Intermediate (I-85).