reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING PRACTICE AND PROCEDURE AND FORCED INTEGRATION OR FORCED POOLING › Chapter 400-7-1 - RULES AND REGULATIONS GOVERNING PRACTICE AND PROCEDURE › Section 400-7-1-.21 - Preparation Of Proposed Orders

Current through Register Vol. 42, No. 9, June 28, 2024
Petitioners shall submit to the Board proposed orders for the
				  Board regarding petitions. The Board, may, in its discretion, consider and
				  accept or reject such proposed orders. In addition, any opponent to such
				  petition may submit a proposed order, which the Board may consider and accept
				  or reject in its discretion. All parties submitting proposed orders shall
				  submit an original together with four (4) copies thereof unless otherwise
				  allowed by the Board.
J. H. Masingill
Previous Rule 400-1-7-.22, was renumber to 400-1-7-.21. No
					 text was changed.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING PRACTICE AND PROCEDURE AND FORCED INTEGRATION OR FORCED POOLING › Chapter 400-7-1 - RULES AND REGULATIONS GOVERNING PRACTICE AND PROCEDURE › Section 400-7-1-.22 - Determination Of Rulings Upon Evidence

Current through Register Vol. 42, No. 9, June 28, 2024
The materiality, relevancy, and competency of any testimony
				  or other evidence shall be subject to challenge by any party to the hearing or
				  by any member of the Board. When so interposed, such objections shall be acted
				  upon by the Chairman or by the Acting Chairman, his ruling thereon being
				  subject to change, upon request for a vote by any member of the Board, by a
				  majority vote of the Board members then sitting; provided, however, if there is
				  no majority, the ruling by the Chairman or Acting Chairman shall not be
				  overturned.
J. H. Masingill
Previous Rule 400-1-7-.23, was renumber to 400-1-7-.22. No
					 text was changed.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING PRACTICE AND PROCEDURE AND FORCED INTEGRATION OR FORCED POOLING › Chapter 400-7-1 - RULES AND REGULATIONS GOVERNING PRACTICE AND PROCEDURE › Section 400-7-1-.23 - Entry Of Rules, Regulations, And Orders

Current through Register Vol. 42, No. 9, June 28, 2024
During or after conclusion of any hearing, including
				  continued sessions thereof, the Board shall promptly take such action as it may
				  deem appropriate concerning the subject matter being considered by the Board,
				  such action to be evidenced by oral order read or stated into the record
				  granting, denying, continuing, amending, or other appropriate action regarding
				  the petition or motion before the Board that shall then be effective as of that
				  date unless ordered otherwise. Within a reasonable time thereafter, the Board
				  shall enter a formal written order, executed by the appropriate members and
				  attested by the Secretary of the Board, setting forth in extenso the action
				  taken at such hearing upon each such petition or motion. A party may apply for
				  rehearing before the Board under the procedures for rehearing established by
				  the Alabama Administrative Procedure Act, Section
				  41-22-17, of the
Code
				  of Ala. 1975
.
J. H. Masingill
Previous Rule 400-1-7-.24, was renumber to 400-1-7-.23. No
					 text was changed.
Original Rule
					 400-7-1-.12, Preparation of
					 Notice, was repealed and removed from the chapter and the following rules were
					 renumbered accordingly.
Statutory Authority:
Code of Ala.
					 1975
, §§
											9-17-1
et
seq
.
Alabama Administrative Code › Title 400 - STATE OIL AND GAS BOARD OF ALABAMA › GOVERNING PRACTICE AND PROCEDURE AND FORCED INTEGRATION OR FORCED POOLING › Chapter 400-7-2 - RULES AND REGULATIONS GOVERNING FORCED INTEGRATION OR FORCED POOLING › Section 400-7-2-.01 - Forced Integration Or Forced Pooling

Current through Register Vol. 42, No. 9, June 28, 2024
Where owners have not agreed to develop their lands and
				  interests as a spacing unit, and it is proposed that the Board establish or the
				  Board establishes such unit and orders them to do so, the following rules shall
				  apply as between the operator and all nonconsenting owners. These rules shall
				  apply for the duration of the forced integrated or forced pooled unit where no
				  agreement in writing has been reached to integrate or pool their interests and
				  develop their lands as a spacing unit.
(1)
Duration of Orders
.
(a) All forced integration or forced pooling
				orders issued by the Board shall expire six (6) months from the date of
				issuance of said order unless a well has been spudded on the spacing unit, or
				unless a well has been reentered on the unit, or a well capable of producing
				oil or gas is located on said unit at the end of said six (6) month
				period.
(b) All forced integration
				or forced pooling orders issued by the Board shall expire six (6) months after
				all wells drilled on the unit have been plugged and abandoned.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.01 - Qualifications For Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An individual
			 shall be qualified for licensure as a genetic counselor and the board may issue
			 a license if that individual:
(a) Is at least
			 21 years of age;
(b) Has submitted
			 a completed licensure application form to the board;
(c) Has not engaged in conduct or activities
			 which would constitute grounds for discipline under the Alabama Genetic
			 Counselor Act or the rules created pursuant to the Act;
(d) Has successfully completed:
1. A master's degree in genetic counseling
			 from an ACGC or ABMGG accredited training program or an equivalent program
			 approved by the ACGC or the ABMGG; or
2. A doctoral degree and an ABMGG accredited
			 medical genetics training program or an equivalent program approved by the
			 ABMGG;
(e) Has
			 successfully passed the American Board of Genetic Counseling Certification
			 Examination, or its equivalent;
(f)
			 Has paid the fees established by the board;
(g) Has met the requirements for
			 certification set forth by the ABGC or its successor or the ABMGG or its
			 successor, which are hereby incorporated by reference; and
(h) Has met the requirements for licensure
			 established by the board.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.02 - Qualifications For Temporary Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The board may
			 issue a temporary license to an individual if that individual:
(a) Has submitted a completed temporary
			 licensure application to the board;
(b) Has submitted the fees required for
			 temporary licensure;
(c) Has
			 achieved active candidate status, or its equivalent, through the American Board
			 of Genetic Counseling, or its equivalent;
(d) Has met all of the requirements for
			 licensure in accordance with 405-X-1-.01 except for the examination
			 requirement; and
(e) Has met any
			 other condition established by rule.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.03 - Renewal Of License

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Licensure Periods
(a) A license shall normally
			 be valid for two years, expiring on October 1.
(b) The initial licensure period may be
			 abbreviated in order to have the expiration at the established renewal
			 date.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.04 - Placing License On Inactive Status

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A licensee may
			 elect to place his or her license on inactive status for up to, but not to
			 exceed five (5) years, by submitting the required completed form and fees to
			 the board.
(2) An inactive licensee
			 may not practice genetic counseling in this state and shall be excused from
			 payment of renewal fees until he or she restores the license to active
			 status.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.05 - Restoration Of Expired Or Inactive License

Current through Register Vol. 42, No. 9, June 28, 2024
An individual who has permitted his or her license to expire or
				who has had his or her license on inactive status may have his or her license
				restored by:
(a) Submitting a
			 completed restoration application to the board;
(b) Filing proof acceptable to the board of
			 his or her fitness to have his or her license restored, including, but not
			 limited to, sworn evidence certifying to active practice in another
			 jurisdiction satisfactory to the board;
(c) Paying the required restoration and
			 license fee(s); and
(d) If the
			 individual has not maintained an active practice in another jurisdiction
			 satisfactory to the board, the board shall determine, by its evaluation program
			 (defined as maintaining certification through the American Board of Genetic
			 Counseling or successful completion of the American Board of Genetic Counseling
			 certification examination), such individual's fitness to resume active status
			 and may require the individual to complete a period of evaluated clinical
			 experience and successful completion of an examination.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.06 - Change Of Name Or Contact Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An applicant or
			 licensee shall notify the Board of any requested name change. Appropriate legal
			 documents shall be submitted prior to changing the name of the
			 licensee.
(2) An applicant or
			 licensee shall notify the Board office of any change in the licensee's or
			 applicant's address or contact information. The address of record is the
			 address provided by the applicant or licensee.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-1 - LICENSURE › Section 405-X-1-.07 - Schedule Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) License Application Fee:
$100
(2) License Fee:
$300
(3) Temporary License Application Fee:
$100
(4) Temporary License Fee:
$300
(5) Late Fee for Licensure Renewal:
$100
(6) Restoration Application Fee:
$250
(7) License Renewal Fee:
$300
(8) Inactive License Application Fee
$150
(9) Verification of License Fee
$ 25
Note, fees for currently practicing genetic counselors for full
				licenses only will be offered at a discounted rate of one-half (50%) of the
				full cost through 10/1/2021.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.01 - Grounds For Denial Of A License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
			 may be grounds for denial of a license:
(a)
			 Failure to meet any requirement or standard established by law or by rules and
			 regulations adopted by the Board.
(b) Engaging in fraud, misrepresentation,
			 deception, or concealment of a material fact in applying for or securing
			 licensure or taking any examination required for licensure.
(c) A course of conduct that would be grounds
			 for discipline under Chapter 405-X-2-.02.
(d) Having disciplinary action pending or
			 having a license denied, conditionally issued, reprimanded, placed on
			 probation, suspended, revoked, or voluntarily surrendered in another state,
			 territory or country.
(e) Having
			 been court-martialed or administratively discharged by a branch of the United
			 States Armed Forces for any act or conduct that would constitute grounds for
			 discipline in this state under Chapter 405-X-2-.02.
(f) Failure to produce evidence of good moral
			 character.
1. The decision as to whether the
			 applicant is of good moral character is within the discretion of the
			 Board.
2. Failure to show good
			 moral character includes but is not limited to a criminal history or pattern of
			 illegal conduct or disregard for the law.
(g) Any other reasons authorized by
			 law.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.02 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may reprimand, fine, probate,
			 suspend, revoke or otherwise discipline any genetic counselor upon proof that
			 the person:
(a) Is guilty of fraud or deceit
			 in procuring or attempting to procure a license by:
1. Filing false, forged or altered documents
			 or credentials, including required continuing education
			 documentation.
2. Misrepresenting
			 or falsifying facts in applying for original licensure, renewal, reactivation,
			 or reinstatement of license.
3.
			 Having another person appear for a licensing or certification
			 examination.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.03 - Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon self-disclosure or receipt of a
			 written complaint alleging that a genetic counselor has violated a statute or
			 rule by committing one or more of the actions specified as grounds for
			 disciplinary action, the Board or its designee shall perform a preliminary
			 review to determine if there is merit and sufficient evidence to warrant formal
			 proceedings.
(2) When the Board or
			 its designee determines there may be merit and sufficient evidence exists to
			 warrant proceedings, an investigative committee shall be formed consisting of
			 one Board member, one Board counsel, and a designee.
(a) Within 30 days of self-disclosure or
			 receipt of a written complaint, the Board or its designee shall provide the
			 genetic counselor, against whom the complaint was made, written notification of
			 the complaint and allegations. The genetic counselor may submit, to the Board
			 or its designee, a written response and any supporting documentation within 15
			 days of the receipt of the written notification.
(b) The committee shall review the complaint
			 and other information submitted to determine if further investigation is
			 warranted.
1. If an investigation is
			 warranted, an investigator shall be retained. At the conclusion of the
			 investigation, the investigator shall submit an investigation report to be
			 reviewed by the Investigative Committee. The investigative committee shall send
			 written notification to the complainant and the genetic counselor, against whom
			 the complaint was made, of any action outlined in 405-X-2-.04 the committee
			 decides to take in response to the investigation report.
2. If the committee determines that an
			 investigation is not warranted, the Board or its designee may close the
			 investigative file, provided that the matter may be reinvestigated at any time
			 if circumstances so warrant. The Board or its designee shall notify the
			 complainant and the genetic counselor against whom the complaint was
			 made.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.04 - Board Action Following Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board or
			 its authorized designee shall have the power to act on the report of the
			 investigation as follows:
(a) Dismiss
			 complaint.
(b) Commence
			 disciplinary proceedings.
(c)
			 Accept voluntary surrender of a license.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.05 - Formal Disposition Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At least thirty
			 days prior to the administrative hearing, a notice of hearing and a copy of the
			 charges shall be served on the applicant or genetic counselor personally or by
			 registered or certified mail to the last known address shown on the records of
			 the Board.
(2) The Board's
			 complaint may be amended prior to the hearing but no amendment shall be
			 permitted which is not germane to the charge or charges or which materially
			 alters the nature of any offense charged. The Board shall have the right to
			 determine the sufficiency of the complaint.
(3) A motion for withdrawal of the complaint
			 may be filed with the Board's designee. The circumstances surrounding the
			 attempt to withdraw the complaint may be explained by the person who is
			 attempting to withdraw the complaint and the explanation shall be considered.
			 No complaint that is well-founded will be dismissed solely upon the motion of
			 the original complainant.
(4)
			 Pleadings relating to disciplinary proceedings pending before the Board shall
			 be filed with the Board's designee. Pleadings shall be deemed filed upon actual
			 receipt.
(5) Requests for subpoenas
			 shall be filed with the Board or the officer presiding over the hearing at
			 least ten days prior to the hearing along with the appropriate
			 subpoena-processing fee. Any expense for service by a sheriff, process server
			 or other entity shall be the responsibility of the party requesting the
			 subpoena. Any expenses incurred relative to subpoenas requested by a
			 respondent, either for witnesses or related to production of documents are the
			 responsibility of the party who requested the issuance of said
			 subpoena.
(6) The hearing shall be
			 conducted by the Board or by a hearing officer appointed by the Board. All
			 testimony shall be under oath and shall be transcribed by a court reporter
			 scheduled by the Board. Telephonic or other real-time electronic testimony is
			 admissible at the discretion of the hearing officer.
(7) A continuance may be granted by the Board
			 or its designee upon the filing of a written motion and affidavit detailing the
			 reasons for the continuance. No motion for continuance shall be granted unless
			 filed at least five days prior to the hearing. This provision may be waived
			 upon showing of an emergency.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.06 - Informal Disposition Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Complaints or
			 controversies may be considered and resolved by the Board or Board designee
			 through alternative dispute resolution, informal conferences, meetings, or
			 other informal means. Such informal measures shall be held without prejudice to
			 the right of the Board thereafter to institute formal proceedings based upon
			 the same or related material if circumstances so warrant.
(2) Informal dispositions may be made of any
			 contested case by stipulation, agreed settlement, consent order or default or
			 by another method agreed upon by the parties in writing and as approved by the
			 Board.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3, et
				  seq.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.07 - Decisions Of The Board

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Based upon the
			 evidence presented at the administrative hearing or pursuant to informal
			 disposition the Board action may be one or more of the following:
(a) Dismiss the complaint.
(b) Reprimand the respondent.
(c) Suspend the respondent's license. A
			 suspended license is subject to expiration during the suspension
			 period.
(d) Revoke the respondent's
			 license.
(e) Deny approval of the
			 application.
(f) Deny renewal or
			 reinstatement of a license.
(g)
			 Impose other sanctions or restrictions.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.08 - Application Following Denial Of Licensure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for
			 a license following denial of licensure shall include evidence of
			 rehabilitation, or elimination or resolution of the conditions for
			 denial.
(2) Board action on
			 applications following denial of licensure may be resolved either informally or
			 through the formal hearing process.
(3) In considering a subsequent application
			 for licensure, the Board may evaluate factors that include but are not limited
			 to:
(a) The severity of the act(s) or
			 omission(s) which resulted in the denial of license.
(b) The conduct of the applicant subsequent
			 to the denial of license.
(c) The
			 lapse of time since denial of license.
(d) Compliance with any conditions stipulated
			 by the Board as a prerequisite for a subsequent application.
(e) Rehabilitation attained by the applicant
			 as evidenced by statements provided directly to the Board from qualified
			 individuals who have professional knowledge of the applicant.
(f) Whether the applicant is in violation of
			 any applicable statute or rule.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-2 - DISCIPLINARY ACTION › Section 405-X-2-.09 - Reinstatement Of A Revoked License

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Application for
			 reinstatement:
(a) May be made twelve months
			 after the effective date of revocation unless otherwise specified in Order or
			 Agreement.
(b) Shall be made
			 according to forms and guidelines provided by the Board.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-3 - CONTINUING EDUCATION › Section 405-X-3-.01 - Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensed genetic counselors must comply
			 with the following continuing education rules as a prerequisite to licensure
			 renewal.
(2) For each renewal
			 period an individual holds a genetic counselor license, the genetic counselor
			 must complete 2.5 continuing education units (category 1 or 2) or 25 contact
			 hours approved for recertification purposes by the ABGC prior to renewing the
			 license.
(3) The Board may waive or
			 otherwise modify the requirements of this rule in cases where there is
			 retirement, or an illness, disability or other undue hardship that prevents a
			 licensee from obtaining the requisite number of continuing education hours.
			 Requests for waivers or modification must be sent in writing to the Board's
			 administrative office prior to the expiration of the renewal period in which
			 the continuing education is due.
Author:
Alabama Board of Genetic
				  Counseling
Statutory Authority:
Code of Ala.
				  1975
, §
										34-13A-3,
et
				  seq
.
Alabama Administrative Code › Title 405 - ALABAMA BOARD OF GENETIC COUNSELING › Chapter 405-X-3 - CONTINUING EDUCATION › Section 405-X-3-.02 - Proof Of Compliance With Continuing Education Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Submission of proof of compliance with continuing education requirements must
			 be sent along with the renewal application.
(2) Genetic counselors must retain
			 independent documentation of completion of all continuing education hours. This
			 documentation must be retained for a period of four (4) years from the end of
			 the renewal period in which the continuing education was acquired. This
			 documentation must be produced for inspection and verification, if requested in
			 writing by the Board during its verification process. Documentation verifying
			 the licensed individual's completion of the continuing education program(s) may
			 consist of any one or more of the following:
(a) Certificates from the continuing
			 education program's sponsor, indicating the date, length in minutes awarded,
			 program title, licensed individual's name and license number; or
(b) An original letter on official stationery
			 from the continuing education program's sponsor indicating date, length in
			 minutes awarded, program title, licensed individual's name and license
			 number.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-1 - LEGAL AUTHORITY AND SANCTIONS › Section 410-1-1-.01 - Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The statutory authority for control and regulation of
				development of certain health care facilities is found at
Code of
				Ala. 1975
, §§
								22-21-260, et. seq. The State
				Health Planning and Development Agency is the agency of the State of Alabama
				which is designated by the Governor as the sole state health planning and
				development agency and which administers the certificate of need
				program.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-260,
et
seq
.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-1 - LEGAL AUTHORITY AND SANCTIONS › Section 410-1-1-.02 - Executive Authority

Current through Register Vol. 42, No. 9, June 28, 2024
Further authority for the certificate of need program is found
				in Executive Order Number Twenty-Three (23), dated March 30, 1984, and the
				First Amendment thereto, dated June 23, 1987.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(1).
				  Executive Order Number 23, March 20, 1984, and the First Amendment thereto,
				  June 23, 1987.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-1 - LEGAL AUTHORITY AND SANCTIONS › Section 410-1-1-.03 - Adoption Of Review Procedures And Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
The State Health Planning and Development Agency is authorized
				to prescribe by rules and regulations, with the advice and consultation of the
				Statewide Health Coordinating Council, review criteria, review procedures, and
				clarifying definitions consistent with Alabama law. (See Chapter
				410-1-12.)
Author:
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-274.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.01 - State Health Planning And Development Agency (SHPDA)

Current through Register Vol. 42, No. 9, June 28, 2024
An agency of the State of Alabama which is designated by the
				Governor as the sole state health planning and development agency, which shall
				consist of three consumers, three providers and three representatives of the
				governor who all shall serve staggered terms and all be appointed by the
				Governor. Where used in these rules, the terms, "State Agency", "Certificate of
				Need Review Board", and the "SHPDA" shall be synonymous and may be used
				interchangeably.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.02 - Statewide Health Coordinating Council (SHCC)

Current through Register Vol. 42, No. 9, June 28, 2024
A council, appointee by the Governor, established pursuant to
Code of Ala. 1975
, Sections
				22-4-7 and
				22-4-8, and Executive Order Number
				13, dated July 9, 1987. The purpose of such council is to prepare the State
				Health Plan, to advise the State Health Planning and Development Agency on
				matters relating to health planning and resource development and to perform
				other functions as may be delegated to it to include an annual review of the
				State Health Plan.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(2), Act
				  2003-331.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.03 - Health Service Area

Current through Register Vol. 42, No. 9, June 28, 2024
A geographical area designated by the Governor, as being
				appropriate for effective planning and development of health services. Such
				geographical areas may vary according to the types of individual health
				services. In the absence of a designated geographical area for a particular
				service, the county in which the service is to be provided shall be deemed to
				be the health service area.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(3).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.04 - State Health Plan (SHP)

Current through Register Vol. 42, No. 9, June 28, 2024
A comprehensive plan which is prepared triennially and reviewed
				at least annually and revised as necessary by the Statewide Health Coordinating
				Council with the assistance of the State Health Planning and Development Agency
				and approved by the Governor. The State Health Plan shall provide for the
				development of health programs and resources to assure that quality health
				services will be available and accessible in a manner which assures continuity
				of care, at reasonable costs, for all residents of the State.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(4).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.05 - Health Care Facility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Such
			 term shall include: General and specialized hospitals, including tuberculosis,
			 psychiatric, long term care and other types of hospitals; and related
			 facilities; such as laboratories; outpatient clinics and central service
			 facilities operated in connection with hospitals; skilled nursing facilities;
			 intermediate care facilities; skilled or intermediate care units operated in
			 veteran's nursing homes and veterans' homes, owned or operated by the State
			 Department of Veterans' Affairs, as these terms are described in Chapter 5A
			 (commencing with Section 31-5 A-1) of Title 31; rehabilitation centers; public
			 health centers; facilities for surgical treatment of patients not requiring
			 hospitalization; kidney disease treatment centers, including freestanding
			 hemodialysis units; community mental health centers and related facilities;
			 alcohol and drug abuse facilities; facilities for the developmentally disabled;
			 hospice service providers; and home health agencies and health maintenance
			 organizations.
(2) The term
			 "health care facility" shall not include any of the following:
(a) The private office of any duly licensed
			 physician, dentist, chiropractor, or podiatrist, whether for individual or
			 group practice and regardless of ownership.
(b) Christian Science sanatoriums operated or
			 listed and certified by the First Church of Christ, Scientists, Boston,
			 Massachusetts.
(c) Veterans nursing
			 homes or veterans homes operated by the Department of Veterans Affairs, not to
			 exceed 150 beds to be built in Bay Minette, Alabama, and a veterans' nursing
			 home or veterans' home owned or operated by the State Department of Veterans'
			 Affairs not to exceed 150 beds to be built in Huntsville, Alabama, for which
			 applications for federal funds under federal law are being considered by the
			 U.S. Department of Veterans' Affairs prior to March 18, 1993.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.06 - Health Services

Current through Register Vol. 42, No. 9, June 28, 2024
Clinically related (i.e., diagnostic curative or
				rehabilitative) services, including alcohol, drug abuse and mental health
				services customarily furnished on either an inpatient or outpatient basis by
				health care facilities, but not including the lawful practice of any profession
				or vocation conducted independently of a health care facility and in accordance
				with applicable licensing laws of this State.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(6).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.07 - Capital Expenditure

Current through Register Vol. 42, No. 9, June 28, 2024
An expenditure, including a force account expenditure (i.e., an
				expenditure for a construction project undertaken by the health care facility
				at its own contractor), which, under generally accepted accounting principles,
				is not properly chargeable as expense of operation and maintenance, and
				which
(a) exceeds $2,000,000.00
			 indexed annually for inflation for major medical equipment; results in
			 $800,000.00 indexed for inflation for new annual operating costs; or
			 $4,000,000.00 indexed annually for inflation for any capital
			 expenditures;
(b) changes the bed
			 capacity of the facility with respect to which such expenditure is made,
			 or
(c) substantially changes the
			 health services of the facility with respect to which such expenditure is made.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(7), Act
				  2003-331.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.08 - Person

Current through Register Vol. 42, No. 9, June 28, 2024
Any person, firm, partnership, association, joint venture or
				corporation, the State of Alabama and its political subdivisions or parts
				thereof and any agencies or instrumentalities and any combination of persons
				herein specified, but "person" shall not include the United States or any
				agency or instrumentality thereof, except in the case of voluntary submission
				to these regulations.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(8).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.09 - Applicant

Current through Register Vol. 42, No. 9, June 28, 2024
Any person as defined herein, who files an application for a
				certificate of need.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(9).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.10 - Acquisition

Current through Register Vol. 42, No. 9, June 28, 2024
Such term shall mean and include obtaining the legal equitable
				title to a freehold or leasehold estate or otherwise obtaining the substantial
				benefit of such titles or estates, whether by purchase, lease, loan or
				sufferance, gift, devise, legacy, settlement of a trust or means whatever, and
				shall include any act of acquisition. The term "acquisition" shall not mean or
				include any conveyance, or creation of any lien of security interest by
				mortgage, deed of trust, security agreement or similar financing instrument,
				nor shall it mean or include any transfer of title or rights as a result of the
				foreclosure, or conveyance or transfer in lieu of the foreclosure, of any such
				mortgage, deed of trust, security agreement or similar financing instrument,
				nor shall it mean or include any profit, devise, legacy, settlement of trust,
				or other transfer of the legal or equitable title of an interest specified
				hereinabove by a natural person to any member of such person's immediate
				family. For the purposes of this section "immediate family" shall mean the
				spouse of the grantor or transferor and any other person related to the grantor
				or transferor to the fourth degree of kindred as such degrees are computed
				according to law.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(10).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.11 - Health Maintenance Organization (HMO)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A public or private organization,
			 organized under the law of the state which
(a) provides or otherwise makes available to
			 enrolled participants, health care services, including at least the following
			 basic health care services: usual physician services, hospitalization,
			 laboratory, x-ray, emergency and preventive services, and out-of-area coverage;
			 and
(b) is compensated (except for
			 co-payments) for the provision of the basic health care services listed in
			 paragraph (1)(a) of this definition to enrolled participants by a payment which
			 is paid on a periodic basis without regard to the date the health care services
			 are provided and which is fixed without regard to frequency, extent, or kind of
			 health service actually provided; and
(c) provides physicians' services primarily
			 directly through physicians who are either employees or partners of the
			 organization or through arrangements with individual physicians or one or more
			 groups of physicians (organized on a group practice or individual practice
			 basis); and
(d) owns or operates a
			 facility wherein clinical services are provided to enrolled participants.
Author:
State Health Planning and Development
				Agency
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.12 - Construction

Current through Register Vol. 42, No. 9, June 28, 2024
Such term shall mean and include actual commencement, with bona
				fide intention of completing, the same, or completion of the construction,
				erection, remodeling, relocation, excavation or fabrication of any real
				property constituting a facility under this article, and the term "construct"
				shall mean and include any act of construction. "Ground breaking ceremony",
				"receipt of bids", "receipt of quotation" or similar action that will permit
				unilateral termination without penalty shall not be considered
				"construction".
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(1).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.13 - Firm Commitment Or Obligation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Such terms shall mean and include:
(a) Any executed, enforceable, unconditional
			 written agreement or contract not subject to unilateral cancellation for the
			 acquisition or construction of a health care facility or purchase of equipment
			 therefor;
(b) Actual construction
			 of facilities peculiarly adapted to the furnishing of one or more particular
			 services and with the bona fide intention of furnishing such service or
			 services; and
(c) Any executed,
			 unconditional written agreement not subject to unilateral cancellation for the
			 bona fide purpose of furnishing one or more services.
Author:
State Health Planning and Development
				Agency
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.14 - Institutional Health Services

Current through Register Vol. 42, No. 9, June 28, 2024
Health services, as herein defined provided in or through
				health care facilities or health maintenance organizations, including the
				entities in or through which such services are provided.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  197
5, §
										22-21-260(13).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.15 - Modernization

Current through Register Vol. 42, No. 9, June 28, 2024
The alteration, repair, remodeling, and renovation of existing
				buildings, including equipment within the existing buildings. Modernization
				does not include the replacement of existing buildings which are being used by
				a health care facility to provide institutional health services which are
				subject review and does not include the replacement of major medical
				equipment.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(14),
				  Act 2003-331.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.16 - To Offer

Current through Register Vol. 42, No. 9, June 28, 2024
Such term, when used in connection with health services, means
				that the health care facility or health maintenance organization holds itself
				out as capable of providing, or as having the means for the provision of,
				specified health services. A health care facility may not offer a new
				institutional health service which is subject to
Code of Ala.
				1975
, §§
								22-21-260(15) and
				22-21-263, et. seq., without first
				obtaining a certificate of need therefor.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-260(15),
				  22-21-263, et. seq.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.17 - Rural Health Care Provider/Applicant/Hospital

Current through Register Vol. 42, No. 9, June 28, 2024
A provider or applicant or hospital located in a geographical
				area designated by the United States Government Healthcare Financing
				Administration as rural.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(16).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.18 - Affected Persons

Current through Register Vol. 42, No. 9, June 28, 2024
Includes at a minimum, the applicant, and health care
				facilities located in the area in which the project is proposed to be located
				and which provides similar services to those proposed. Also included are those
				persons who have an active letter of intent on file to provide similar services
				in the same area. Affected persons further include those state agencies which
				establish reimbursement rates for health care facilities in the area in which
				the project is proposed to be located.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260(8).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.19 - Certificate Of Need

Current through Register Vol. 42, No. 9, June 28, 2024
A permit required by law before which no person, except as
				exempted by statute, shall acquire, construct or operate a new institutional
				health service or acquire major medical equipment, or furnish or offer, or
				purport to furnish a new institutional health service, or make arrangement or
				commitment for financing the offering of the new institutional health service
				or acquiring the major medical equipment. The duration of the certificate of
				need shall be for a period of twelve months from the date of issuance, unless
				extended, and is limited by the conditions expressed thereon, by the final
				order of the State Agency, and by the terms of the application submitted by the
				proponent.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-21-265,
				  22-21-267,
				  22-21-270.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.20 - Cost Overrun (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
State Health Planning and Development
				  Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-264.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.21 - Substance Abuse Rehabilitation Services

Current through Register Vol. 42, No. 9, June 28, 2024
Any facility or service (i.e., diagnostic, curative, or
				rehabilitative) whether acute or subacute which offers treatment of alcohol,
				drug or other substance abuse on either an inpatient or outpatient
				basis.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-260.
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.22 - By Or On Behalf Of

Current through Register Vol. 42, No. 9, June 28, 2024
Such term shall mean and include an expenditure by a health
				care facility which meets a review threshold, or an expenditure by another
				entity which will result in a direct benefit to a health care facility
				including expenditures by parent corporations for the benefit of their health
				facility holdings and guarantor arrangements on loans and/or leases.
Author:
State Health Planning and Development
				Agency
Statutory Authority:
Code of Ala.
				  1975
, §
										22-21-263(a)(2).
Alabama Administrative Code › Title 410 - STATE HEALTH PLANNING AND DEVELOPMENT AGENCY › Chapter 410-1-2 - DEFINITIONS › Section 410-1-2-.23 - Offices Of Private Physicians Or Dentists

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Those offices, whether for individual or
			 group practices and regardless of ownership.
(a) which are established for the purpose of
			 providing those services which are normally performed in a physician's or
			 dentist's office as opposed to a hospital or other health care facility as such
			 term is herein defined. Services which will be deemed not to be those which are
			 normally performed in a physician's or dentist's office, and therefore, will
			 not legitimately qualify for the exception for physician's or dentist's offices
			 found in the definition herein of the term "health care facility", shall
			 include but not be limited to the following:
1. oncology centers,
2. diagnostic centers (including but not
			 limited to MRI, CT, and Mammography services),
3. lithotripsy,
4. outpatient angiography, and
5. recovery centers; and,