reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.14 - Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
The manner in which proceedings in contested cases will be
				conducted by the Department of Mental Health shall be in accordance with the
				provisions of the
Code of Ala. 1975
, Title 4, Chapter
				22, and the rules published in the Alabama Administrative Code.
Author:
Division of Mental Retardation
				DMR/MR
Statutory Authority:
Code Of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.15 - Petition For Adoption

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any interested person may petition the Department requesting the adoption,
			 amendment or repeal of a rule. The petition shall be in writing and shall
			 include:
(a) The name and address of the
			 petitioner.
(b) An exact statement
			 of the proposed rule or amendment or identification of the rule to be
			 repealed.
(c) The pertinent facts,
			 data, opinions or arguments in support of the petitioner's position.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.16 - Certification

Current through Register Vol. 42, No. 9, June 28, 2024
No person, partnership, corporation, or association of persons
				shall operate a facility or institution for the care or treatment of any kind
				of mental or emotional illness or service to the mentally retarded as defined
				in
Code of Ala. 1975
, without being certified by the
				department and licensed by the State Board of Health.
Author:
Division of Mental Retardation
				DMR/MR
Statutory Authority:
Code of Ala.
				  1975
, Acts 1984, No. 346, §17.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.17 - Agency Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
			 staff member of the Department of Mental Health and Mental Retardation, located
			 at 100 N. Union Street, Montgomery, AL 36130-1410 will serve as the Department
			 Secretary.
(2) The duties of the
			 Department Secretary include the following:
(a) 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 Department of
			 Mental Health and Mental Retardation Administrative Code.
Author:
Division of Mental Retardation,
				DMR/MR
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.18 - Collection Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The Department will on an annual basis establish reasonable
				fees for services made available to the public and shall collect such fees
				unless, upon investigation it is determined that the person receiving such
				services is unable to pay the established fee, and in such case such amount as
				the person is able to pay shall be collected.
Author:
Division of Mental Retardation,
				DMR/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-1 - ORGANIZATION AND METHOD OF OPERATION › Section 580-1-1-.19 - Management Steering Committee

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Sections
			 22-50-1,
et
seq
. and
			 22-51-1.,
et
seq
.,
Code of
			 Ala. 1975
, established the Alabama Department of Mental Health and
			 Mental Retardation, and the Regional Mental Health Boards, respectively, as the
			 recognized public entities responsible for administering state appropriated
			 funds, and as responsible for state and local planning. However, it is also
			 recognized that both of these entities may discharge their planning and service
			 delivery functions by contracting with, and/or sanctioning other entities to
			 conduct all or part of these functions.
(a)
			 The Department of Mental Health and Mental Retardation shall provide for
			 systematic long range and operational planning processes which recognize the
			 statutory authority of both the Department established under §
									22-50-1,
et
seq
. (Act 881) to set up
			 state plans, and the Regional Mental Health Boards under §
									22-51-1,
et
seq
. (Act 310) to conduct
			 local planning. Both entities recognize the necessity and the value of
			 comprehensive service planning by stakeholders in the process. However, nothing
			 in this section shall be construed to circumvent the statutory authority
			 established in either Act 881 or Act 310, nor shall it be construed to exclude
			 affected populations in the planning process.
(b) It will be necessary and is expected that
			 coordination of facility and community planning and budgeting will be a
			 function of this process with the approval of the Commissioner. However, it is
			 not the intent of this rule to establish a new administrative mechanism to
			 micro-manage the department or its public facilities.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.01 - Introduction

Current through Register Vol. 42, No. 9, June 28, 2024
The mission of the Alabama Department of Mental Health and
				Mental Retardation (DMH/MR) under the
Code of Ala.
				1975
, Sections
				22-50-1 through 91, Act 881, is to act in "any prudent way to provide mental health
				services and mental retardation services for the people of Alabama". The
				Commissioner for the Department of Mental Health and Mental Retardation is
				authorized and directed to set up state plans for the purpose of controlling
				and treating any and all forms of mental and emotional illness and any and all
				forms of mental retardation, and shall divide the state into areas for the
				purpose of establishing priorities and programs, and for organizational and
				administrative purposes in accordance with these state plans. The Commissioner
				under Act 881 is also authorized to supervise, coordinate and establish
				standards for all operations and activities of the state related to mental
				health and mental retardation and the providing of mental health services and
				mental retardation services. Alabama Acts 1967, Act Number 310, provides for
				the formation of public corporations to contract with the DMH/MR in
				constructing facilities and operating programs for mental health services. Such
				entities are commonly referred to, and are referred to herein, as "310 Boards".
				Act 310 is codified in the
Code of Ala. 1975
, Sections
				22-51-1 through 14.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-50-11,
				  22-51-1 thru
				  22-51-14.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A Comprehensive
			 310 Board must have authority through its Articles of Incorporation to directly
			 provide: planning, studies, and services, for mental illness, mental
			 retardation, and substance abuse populations, for all counties for which they
			 are incorporated. A Comprehensive 310 Board must directly provide these
			 services to all populations and counties for which they are incorporated to
			 serve. For a period of transition as referred under Alabama Administrative
			 Code,
			 580-1-2-.04 and upon approval by the Commissioner, the DMH/MR may certify a 310 Board as
			 Comprehensive when or if part of its services are contracted. A Comprehensive
			 310 Board must be authorized to directly provide services for at least one (1)
			 county.
(2) A Specialty 310 Board
			 must have authority through its Articles of Incorporation to directly provide:
			 planning, studies, and services, and for mental illness, mental retardation or
			 substance abuse populations (any one or any combination of any two (2) of these
			 populations) for all counties for which they are incorporated.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.03 - Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A certified 310
			 Board must be under contract with DMH/MR for services provided.
(2) The DMH/MR shall certify no more that one
			 (1) Comprehensive 310 and/or one Specialty 310 in a county for each of the
			 specified service populations (Mental Illness, Mental Retardation and Substance
			 Abuse), for the purposes of planning, conducting studies and providing needed
			 programs and services.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.04 - Transitional Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Department of Mental Health and Mental Retardation (DMH/MR) by November 1,
			 2001 shall identify the current array of 310 Boards as Comprehensive or
			 Specialty by county.
(2) As of
			 December 1, 2001, DMH/MR shall grandfather all currently existing 310 Boards as
			 identified with the exception where there is more than one 310 Board
			 (Comprehensive or Specialty) in a county for the same service population.
			 DMH/MR shall then request the local county governmental entity to designate one
			 entity for recognition for that service population. Should the local county
			 governmental entity be unable to do so, the Commissioner shall designate which
			 Specialty or Comprehensive 310 the DMH/MR certifies.
(3) As of December 1, 2001, the DMH/MR shall
			 not certify any new 310 Board (Comprehensive or Specialty) except in counties
			 where it is indicated a specific need for 310 services exists.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.07 - Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Providers, not
			 otherwise covered by 580-1-2, may contract directly with DMH/MR for one or more
			 of the following programs or services:
(a)
			 Inpatient
(b) Outpatient/Therapy
			 Services
(c) Partial
			 Hospitalization
(d) Emergency
			 Care
(e) Community Education and
			 Consultation
(f)
			 Diagnosis
(g) Evaluation
(h) Rehabilitation/Habilitation
(i) PreCare
(j) Residential Care/Respite Care
(k) Aftercare and
(l) The prevention of all forms of mental or
			 emotional illness, including, but not limited to, alcoholism, drug addiction,
			 epilepsy, or mental retardation.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-4 - ADMINISTRATIVE STANDARDS FOR PROVIDERS (NON-310) › Section 580-1-4-.01 - Introduction

Current through Register Vol. 42, No. 9, June 28, 2024
The mission of the Alabama Department of Mental Health and
				Mental Retardation (DMH/MR) under the
Code of Ala.
				1975
, Sections
				22-50-1 through 91, Act 881, is to act in "any prudent way to provide mental health
				services and mental retardation services for the people of Alabama". The
				Commissioner for the Department of Mental Health and Mental Retardation is
				authorized and directed to set up state plans for the purpose of controlling
				and treating any and all forms of mental and emotional illness and any and all
				forms of mental retardation, and shall divide the state into areas for the
				purpose of establishing priorities and programs, and for organizational and
				administrative purposes in accordance with these state plans. The Commissioner
				under Act 881 is also authorized to supervise, coordinate and establish
				standards for all operations and activities of the state related to mental
				health and mental retardation and substance abuse services and the providing of
				mental health services and mental retardation services and substance abuse
				services.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §§
										22-50-11,
				  22-51-1 -
				  22-51-14.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-4 - ADMINISTRATIVE STANDARDS FOR PROVIDERS (NON-310) › Section 580-1-4-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
Providers, not otherwise covered by 580-2-1, may contract
				directly with DMH/MR for one or more of the following programs or
				services:
(a) Inpatient
(b) Outpatient/Therapy Services
(c) Partial Hospitalization
(d) Emergency Care
(e) Community Education and
			 Consultation
(f)
			 Diagnosis
(g) Evaluation
(h) Rehabilitation/Habilitation
(i) PreCare
(j) Residential Care/Respite Care
(k) Aftercare and
(l) Prevention programs and services of all
			 forms of mental or emotional illness, including, but not limited to,
			 alcoholism, drug addiction, epilepsy, or mental retardation.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-4 - ADMINISTRATIVE STANDARDS FOR PROVIDERS (NON-310) › Section 580-1-4-.03 - Certification

Current through Register Vol. 42, No. 9, June 28, 2024
For specific programs and services, whether contracted or
				subcontracted, provided by Providers, Providers shall meet and insure
				compliance with the specified DMH/MR service division's certification
				standards.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-4 - ADMINISTRATIVE STANDARDS FOR PROVIDERS (NON-310) › Section 580-1-4-.04 - Role And Function

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Providers will develop and provide services within resource
			 availability.
(2) DMH/MR shall
			 maintain authority for confirmation, enrollment, and establishment of
			 eligibility for individuals for services under contract with DMH/MR.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-4 - ADMINISTRATIVE STANDARDS FOR PROVIDERS (NON-310) › Section 580-1-4-.05 - Administrative Standards For Providers (Non - 310)

Current through Register Vol. 42, No. 9, June 28, 2024
Providers must meet the following standards:
(1) Providers must supply to the DMH/MR
			 annually an unqualified prior year audit including such DMH/MR contracted funds
			 allocated for subcontractors.
(2)
			 Providers when subcontracting shall provide to the DMH/MR a copy of the
			 subcontract for approval prior to initiation. No Provider may subcontract more
			 than 10% of their total DMH/MR funding without approval of the
			 DMH/MR.
(3) Providers may use no
			 more than 15% of the DMH/MR contracted funds for administrative costs.
			 Administrative costs include non-direct program costs and administrative costs
			 to support, maintain, and administer the direct program services provided or
			 contracted by the Provider.
(4)
			 Providers shall not charge an administrative fee to subcontractors providing
			 services funded through DMH/MR.
(5)
			 Providers shall pay subcontractors within 15 working days of the receipt of
			 contract funds from DMH/MR.
(6)
			 Providers shall establish a CQI system, which complies with the standards set
			 forth by the DMH/MR, and shall encompass its subcontractor of DMH/MR
			 services.
(7) Providers shall
			 ensure compliance with the specified DMH/MR service division's certification
			 standards.
Author:
Department of Mental Health and Mental
				Retardation
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-4 - INTRODUCTION › Section 580-2-4-.01 - Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Code of Ala. 1975
, Sections
			 22-50-1 through
			 22-50-62 created the Alabama Department of Mental Health and Mental Retardation and
			 defined mental health services as "Diagnosis of, treatment of, rehabilitation
			 for, follow-up care of, prevention of and research into the causes of all forms
			 of mental or emotional illness, including, but not limited to, alcoholism, drug
			 addiction, epilepsy or mental retardation."
(2)
Code of Ala.
			 1975
, Section
			 22-50-11,
			 grants the Department the authority to establish and supervise standards for
			 all operations and activities of the state related to mental health and the
			 provision of mental health services.
(3) It is under the authority of these
			 statutes that the Department has established these standards and requires
			 compliance with them.
Author:
Division of Mental Illness,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-4 - INTRODUCTION › Section 580-2-4-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any provider
			 that provides direct mental health treatment services must be certified
			 programmatically, including consumer protection, and for Life Safety by DMH/MR
			 except as noted below.
(2) All
			 mental illness community treatment programs under contract with DMH/MR must be
			 certified programmatically, including consumer protection, and for Life Safety.
			 Any provider contracting with DMH/MR must meet the requirements of the
Contract Service Delivery Manual
.
(3) Mental health treatment services are
			 defined as: Planned and continuing activities utilizing interactive and somatic
			 therapies or techniques consistent with generally recognized principles and
			 practices in the mental health profession that are designed to limit or reverse
			 the effects of mental health problems and disorders as identified on an
			 individual basis to increase the person's adaptive capacity.
(4) Providers that are accredited by a
			 nationally recognized accrediting body for any of the mental health services
			 covered by these standards may be deemed to have complied with DMH/MR
			 certification standards upon presentation of documentary evidence of
			 certification/licensing/accreditation by an acceptable national organization.
			 If a provider is under contract with DMH/MR and is also accredited by a
			 nationally recognized accrediting body, the DMH/MR may also conduct either a
			 full or focused certification site visit. It is the responsibility of the
			 provider to keep the DMH/MR informed of any changes in its
			 certification/licensing/accreditation status including renewals of such. If
			 national certification/licensing/accreditation is lost or not renewed, the
			 provider must immediately apply for certification by the DMH/MR.
(5) The following entities are exempt from
			 the certification requirement of the Department of Mental Health and Mental
			 Retardation:
(a) General or psychiatric
			 hospitals licensed as such by the Alabama Board of Health (except as a hospital
			 may request Designated Mental Health Facility status and be subject to Consumer
			 Protection and Designated Mental Health Facility standards) and hospitals
			 operated by the federal government.
(b) Federal or state agencies.
(c) Public or private educational
			 institutions.
(d) Private
			 practitioners whose professional license permits them to provide mental health
			 services in their individual private practice offices unless they keep two or
			 more consumers in their private offices for continuous periods of 24 hours or
			 more in one week.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-5 - CERTIFICATION PROCESS (REPEALED) › Section 580-2-5-.01 - Certification Process

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Division of Mental Illness,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-6 - [Repealed] › Section 580-2-6-.01 - Pre-Site Visit

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Division of Mental Retardation,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-6 - [Repealed] › Section 580-2-6-.02 - Site Visit Report

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Division of Mental Retardation,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-7 - TYPE, DURATION, DENIAL, AND REVOCATION OF CERTIFICATION › Section 580-2-7-.02 - Duration Of Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The duration of the Certificate of Compliance may be one or two years.
			 Substantial compliance at the time of the site visit with all applicable
			 standards as contained herein will result in an award of a two year
			 certificate. When there are deficiencies and the provider takes the necessary
			 corrective action and substantially complies with all applicable standards, a
			 decision regarding the length of certification (one or two years) will be made
			 by DMH/MR. This decision will be based on the extent, severity, and/or number
			 of deficiencies. A one year certificate may be issued if any one of the
			 following conditions exists:
(a) The Board
			 membership changed by more than one-third or there was not a quorum sufficient
			 to conduct business during any 90 day period of the immediate preceding twelve
			 months.
(b) The executive
			 director/agency director was hired within the past year.
(c) There were significant changes in funding
			 sources or their effects on service configuration or delivery.
(d) Service program elements were added or
			 modified other than as identified in (c).
(e) There was a change in an affiliate or
			 subcontractor which comprises a significant component of a service
			 element.
(f) The provider has been
			 conditionally certified in the past 6 months.
Author:
Division of Mental Illness,
				DMH/MR
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-7 - TYPE, DURATION, DENIAL, AND REVOCATION OF CERTIFICATION › Section 580-2-7-.03 - Denial And Revocation Of Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The DMH/MR may revoke or set aside any
			 Department Certificate issued to any provider under these standards for any
			 material neglect of, disregard of, or noncompliance with these standards,
			 and/or violation of federal, state, or local law.
(2) If an provider discontinues a certified
			 service, the DMH/MR must be notified immediately so that the certification
			 records can be corrected. If a certified service is not provided for more than
			 30 days, the DMH/MR must be notified immediately and must be given a plan as to
			 when the service will resume and whether there will be programmatic changes
			 associated with the resumption. Depending on the time frame and the plans for
			 continuation, the DMH/MR may revoke the certification of the program and
			 require re-application prior to resuming the program.
(3) Department certification status is not
			 transferable on change of ownership or control. The new owner shall advise the
			 DMH/MR in writing at least 30 days after any such changes describing the new
			 owner, governing structure, and any proposed service changes. Depending upon
			 changes proposed by the new owners, the length of time since the last site
			 visit, the time remaining on the current certification, and other variables as
			 may be determined by DMH/MR, a certificate may be issued to the new owners
			 without a site visit. The currently certified provider shall return the
			 unexpired certificate to DMH/MR.
Author:
Division of Mental Illness,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-8 - APPEAL PROCEDURES › Section 580-2-8-.01 - Appeal Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Notice of certification action or any specific findings contained in the Site
			 Visit Report may be appealed in writing to the Director, Bureau of Mental
			 Illness Community Programs, within 15 working days after receipt of the notice
			 of certification action or the Site Visit Report. The written appeal must
			 specify the precise reason(s) for the appeal and must contain documentation to
			 support modification of the certification decision or the site visit
			 findings.
(2) The Director of the
			 Bureau of Mental Illness Community Programs must respond in writing to the
			 appeal within 15 working days after receipt of it either upholding or revising
			 the initial findings or the certification decision.
(3) If the Bureau Director does not find that
			 there is adequate basis to modify the site visit findings or the certification
			 decision, a second appeal may be made in writing to the Associate Commissioner
			 of Mental Illness within 15 working days after receipt of the written notice of
			 the Bureau Director's decision.
(4)
			 The Associate Commissioner of Mental Illness will have 15 working days after
			 receipt of the second level written appeal in which to render a decision in
			 writing.
(5) Final appeal of the
			 Associate Commissioner's decision must be made in writing to the Commissioner
			 within 15 working days after receipt of the decision. The Commissioner will
			 have 30 working days after receipt of the final appeal in which to schedule a
			 hearing from both parties and render a final decision in writing.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.02 - Governing Authority (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.03 - Mental Illness Program Staff (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.04 - Consumer Protection. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.06 - Consumer Records. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11
.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.07 - Performance Improvement (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.08 - General Clinical Practice. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11
.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.09 - General Outpatient (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.10 - Child And Adolescent In-Home Intervention (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.11 - Adult In-Home Intervention (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.12 - Emergency Services (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.13 - Partial Hospitalization Program (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.14 - Adult Intensive Day Treatment (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.15 - Adult Rehabilitation Day Program (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.16 - Child and Adolescent Day Treatment (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.17 - Case Management (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.18 - Residential Services (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.19 - Designated Mental Health Facility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be a Designated Mental Health Facility
			 (DMHF) for outpatient commitment purposes, an agency must meet the requirements
			 to be certified as a Community Mental Health Center, apply for designation, and
			 be approved by the Department of Mental Health.
(2) For a hospital to be a Designated Mental
			 Health Facility for purposes of inpatient commitment and/or detaining a person
			 in accordance with the Community Mental Health Officer Act, it must operate
			 psychiatric beds that have the ability to receive persons for evaluation,
			 examination, admission, detention, or treatment pursuant to the provisions of
			 the Commitment Law and meet the following criteria:
(a) Be accredited for psychiatric inpatient
			 services by the Joint Commission on Accreditation of Healthcare Organizations
			 or be certified by Medicare.
(b)
			 Apply for designation.
(c) Be
			 approved.
(d) Agree to forward
			 reports of renewals of Joint Commission or Medicare accreditation immediately
			 upon receipt as well as copies of any other Joint Commission or Medicare action
			 that affects their accreditation status in any way.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.20 - Consultation And Education

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The agency shall provide public education, which may include written material
			 on available services, how to access them, media and public presentations, and
			 referral information on advocacy activities.
(2) The staff participate in cross-agency
			 staffing/service coordination through meetings such as task forces, interagency
			 committees, etc.
(3) The agency
			 provides program consultation as requested by other agencies to assist the
			 other in developing/changing services to its recipients.
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.21 - Assertive Community Treatment (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.22 - Program for Assertive Community Treatment (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Division of Mental Illness, DMH
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.23 - Child and Adolescent Seclusion and Restraint

Current through Register Vol. 42, No. 9, June 28, 2024
Because of the high-risk nature of seclusion and restraint
				procedures and the potential for harm to consumers, the DMH MI Division Policy
				on Restraint and Seclusion is included here to place the standards within the
				proper context.
(1)
			 Children/adolescents residing or receiving treatment in a community-based
			 setting certified by the Alabama Department of Mental Health have the right to
			 be free of restraint and seclusion. Restraint and seclusion are safety
			 procedures of last resort. Restraint and seclusion are not therapeutic
			 interventions and are not interventions implemented for the purpose of behavior
			 management.
(2)
			 Children/adolescents may be placed in seclusion or physically restrained only
			 in emergency situations when necessary to:
(a)
			 Prevent the child/adolescent from physically harming self or others.
(b) Less restrictive alternative treatment
			 interventions have been unsuccessful or are determined not to be
			 feasible.
(c) When authorized by a
			 qualified individual.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-9 - PROGRAM OPERATION › Section 580-2-9-.24 - Adult Seclusion And Restraint

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Consumers treated in community programs
			 certified by the Alabama Department of Mental Health have the right to be free
			 of psychiatric restraint and seclusion. Restraint and seclusion are safety
			 procedures to be used as a last resort.
(2) Consumers may be placed in seclusion or
			 may be physically restrained only when psychiatrically necessary to prevent the
			 consumer from physically harming self or others and after less restrictive
			 alternative interventions have been unsuccessful or are determined not to be
			 feasible and when authorized by a qualified physician.
(3) Psychiatric seclusion is the involuntary
			 confinement of a consumer alone in a room, from which the consumer is prevented
			 from leaving for a prescribed period of time in order to control or limit
			 his/her dangerous behavior.
(4)
			 Psychiatric restraint is defined as follows:
(a) Use of a commercial physical or
			 mechanical device to involuntarily restrain the movement of the whole or a
			 portion of a consumer's body as a means of controlling his/her physical
			 activities in order to protect him/her or others from injury.
(b) Use of medication that is not a standard
			 treatment for the consumer's medical or psychiatric condition and is used to
			 control behavior or restrict the consumer's freedom of movement. Medications
			 used for the consumer's positive benefit as an integrated part of a consumers
			 therapeutic plan of care and specific situation and representing standard
			 treatment for the consumer's medical or psychiatric condition do not meet this
			 restraint definition.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-15 - [Repealed] › Section 580-2-15-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Division of Mental Retardation,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-16 - GUIDELINES FOR THE INDIGENT DRUG PROGRAM (REPEALED) › Section 580-2-16-.01 - Guidelines For The Indigent Drug Program

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Division of Mental Illness,
				DMH/MR
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.01 - Staff

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Mental Health
			 pharmacies must be staffed, either part-time or full-time, by a registered
			 pharmacist.
(2) Rule No. 14: Ref.
			 Act 205, Alabama Legislature 1966, Section 5(f) and Section 15, as contained in
			 the
Code of
Ala
., Title 46,
			 Chapter 12, states the following: "Whenever a registered Pharmacist assumes the
			 duties of a supervising pharmacist, he shall, within ten (10) days, so advise
			 the Board by completing the 'Notice of Change of Supervising Pharmacist' form
			 provided by the Board. The name of the supervising pharmacist shall be placed
			 in a conspicuous place in the prescription department so that it is clearly
			 visible to the public. Whenever there is a new supervising pharmacist, he shall
			 be required to take an inventory of all controlled substances as defined in
			 Alabama Act 1407."
(3) The
			 registered pharmacist, as the legally responsible person, shall compound (fill)
			 and/or dispense all prescriptions (Act 205, Sections 8 and 10). Physicians may
			 personally compound and dispense or supply their patients with drugs and
			 medicines for their use (Act 205, Section 32). Such drugs and medicines should
			 be for bona fide emergencies and not exceed a 3-day supply.
(4) The State office must be advised of any
			 changes in key personnel involved with the Indigent Drug Program, and
			 appropriate in-service training by the Coordinator of the Indigent Drug Program
			 will be available, if needed.
(5)
			 Adequate clerical support must be provided to insure that the necessary
			 reports, records, etc., are executed.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Code of Ala.
				  1975
, § 46-12.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.02 - Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The pharmacy
			 shall:
(a) Have adequate floor space (Act
			 205, Section 16) for dispensing, labeling, and packaging functions, as approved
			 by the State Board of Pharmacy and evidenced by a current Alabama Pharmacy
			 Permit.
(b) Have the equipment
			 required by the State Board of Pharmacy for dispensing, issuing, and storing of
			 drugs for administrative functions.
(c) Have a sink in any new or renovated
			 facility.
(d) Contain reference
			 material as required by the State Board of Pharmacy, and at least one
			 up-to-date text book or reference on clinical psychopharmacology.
(e) Provide for a private area for the
			 pharmacist for counseling patients and/or relatives of patients on the correct
			 use of medications.
(f) Be well
			 lighted and properly secured.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.03 - Operating Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Ordering Drugs.
(a) Drugs will be ordered
			 preferably on a monthly basis with the frequency of ordering not exceeding two
			 drug orders per month.
(b) Drug
			 order forms (Form 186
Revised 02-14-91
) will be
			 supplied and should be used to order drugs or a center may use a computer
			 generated form that contains the same information. As an alternative to written
			 orders mailed to the Department, orders may be FAXED to the Department. The
			 Department FAX number is (205) 240-3195.
(c) Emergency telephone orders will be
			 accepted and processed, but must be followed by a confirmation copy of the
			 request and a statement from the Center Director declaring the phone order as
			 having been an emergency.
(d)
			 Orders for Schedule II drugs will be ordered on the DEA (Drug Enforcement
			 Administration) 222 order form.
(e)
			 Inventory should be maintained in such supply as to cover the anticipated usage
			 between normal drug order intervals.
Author:
Division of Mental Retardation,
DMH/MR.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.04 - Receiving

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon receipt of
			 drugs, each shipment will have two packing slips or invoices. One of the
			 packing slips or invoices must be stamped with a stamp furnished by the
			 Department of Mental Health/Mental Retardation reading "I hereby certify that I
			 have received and checked the items listed above, that they are authorized
			 acquisitions and they are of the kind and quantity noted." The packing slip or
			 invoice must be signed and dated by the pharmacist or other designated staff
			 checking the order. The signed packing slip or invoice must be forwarded to the
			 Coordinator of the Indigent Drug Program within five (5) working
			 days.
(2) If an error is found in
			 any drug shipment the Coordinator of the Indigent Drug Program must be notified
			 immediately.
(3) Upon receipt of
			 Schedule II drugs, the copy of the DEA order form will be completed as required
			 by federal law.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.05 - Storage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All drugs must
			 be stored in a place which can be securely locked, and it must be kept locked
			 in the absence of the pharmacist.
(2) Drugs for the Indigent Drug Program must
			 be kept separate from any other drug stock(s) or any other center
			 supplies.
(3) Access to the
			 pharmacy must be limited to the pharmacist.
(4) Drugs received in the absence of the
			 Pharmacist must be stored in a place which can be securely locked outside the
			 pharmacy.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.06 - Accounting

Current through Register Vol. 42, No. 9, June 28, 2024
The Examiners of Public Accounts have determined that there
				should be entries in the general ledger for drugs received and dispensed by
				each center. The value of the drugs must be included as part of the center's
				revenues and, when dispensed, as part of the center's expenditures. To
				accomplish this, the following procedure must be followed:
(a) Monthly
1. The State Office will send reports of the
			 value of drugs shipped from the State Office. The center must determine the
			 monthly value of drugs received from a prime vendor. Enter the value of drugs
			 shipped for the month in the general ledger as revenue.
2. As drugs are dispensed, a running total
			 should be kept of the amount dispensed and the value of the drugs, using the
			 price list which is provided.
3.
			 The value of the drugs dispensed to clients must be entered in the general
			 ledger as an expense at the close of each month.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.07 - Drug Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Regarding drugs returned by clients: "No licensed pharmacist or pharmacy
			 operating within this state shall accept for refund purpose or otherwise any
			 unused portion of any dispensed prescription." (Act 205, Section 16)
(2) Contact the Coordinator of the Indigent
			 Drug Program for the procedure before returning drugs to any pharmaceutical
			 company or prime vendor.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Act 205, Section 16.
Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-2-17 - PHARMACY › Section 580-2-17-.08 - Drug Theft

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Any pharmacy involved in the loss of controlled substances must notify the DEA
			 regional office upon discovery of theft or significant loss. The DEA office
			 will furnish a form to be filled out, along with instructions for completing
			 the form. This report will be forwarded to the DEA regional office.
(2) The Alabama State Board of Pharmacy must
			 be notified.
(3) Notify the
			 Coordinator of the Indigent Drug Program, State Department of Mental Health and
			 Mental Retardation.
Author:
Division of Mental Retardation,
DMH/MR.
Statutory Authority:
Code of Ala.
				  1975
, §
										22-50-11.