Public Health Laws of Alabama Laws current through 2019 Legislative Session Contents Code of Alabama 1975 Title 3, Animals Chapter 6A, Control of Dangerous Dogs …………………………………………………………………. 1 Chapter 7A, Rabies ………………………………………………………………………………………………… 7 Title 8, Commercial Law and Consumer Protection Chapter 38, Alabama Data Beach Notification Act of 2018 ……………………………………. 13 Title 9, Conservation and Natural Resources Chapter 12, Marine Resources Article 2, Seafoods …………………………………………………………………………………… 22 Title 11, Counties and Municipal Corporations Chapter 47, Powers, Duties and Liabilities Generally Article 2, Cemeteries and Burial Grounds ………………………………………………… 25 Title 12, Courts Chapter 15, Juvenile Proceedings Article 5, Multiple Needs Child Provisions ……………………………………………… 33 Title 13A, Criminal Code Chapter 12, Offenses Against Public Health and Morals Article 1, General Provisions …………………………………………………………………. 39 Article 5, Drug Offenses (Carly’s and Leni’s Laws) …………………………………. 46 Title 15, Criminal Procedure Chapter 22, Pardons, Paroles, and Probation Article 2, Pardons and Paroles (Chemical Castration Treatment) …….…….. 49 Chapter 23, Alabama Crime Victims Article 4, Testing of Person Charged with Certain Sex Crimes Upon Request of Alleged Victim ……………..… 51 Title 16, Education Chapter 28, School Attendance ………………………………………………………………………… 53 Chapter 30, Immunization of School Children ………………………………………………….. 54 Chapter 30B, Alex Hoover Palliative and End of Life Individual Health Care Act ………………………………………………….. 56 Title 17, Elections Chapter 4, Voter Registration Lists Article 1, County Voter Registration Lists ……………………………………………… 59 Title 20, Foods, Drugs, and Cosmetics Chapter 1, Standards, Labeling, and Adulteration Article 7, Identification of Drug Products ……………………………………………….. 60 i Title 20, Foods, Drugs, and Cosmetics (continued) Chapter 2, Controlled Substances Article 1, General Provisions …………………………………………………………………… 61 Article 2, Standards and Schedules ………………………………………………………… 65 Article 10, Controlled Substances Prescription Database ………………………… 88 Article 13, Opioid Antagonist Administration …………………………………………… 96 Chapter 3, Donation of Drugs to Charitable Clinics ………………………………………………… 99 Title 22, Health, Mental Health, and Environmental Control Chapter 1, General Provisions ………………………………………………………………………………… 102 Chapter 2, State Board of Health and Ancillary Committees and Officers ………………. 110 Chapter 2A, Joint Purchase Program for Certain State Agencies ……………………………. 116 Chapter 3, Local Health Authorities ……………………………………………………………………….. 118 Chapter 4A, Family Practice Rural Health Board …………………………………………………….. 125 Chapter 4B, Nursing Degree Loans and Incentives ………………………………………………….. 127 Chapter 5B, Alabama Lifespan Respite Resource Network Act ………………………………. 131 Chapter 5C, Palliative Care and Quality of Life ……………………………………………………….. 136 Chapter 7, Fees for Home Health Services ……………………………………………………………….. 138 Chapter 8, Consent for Health Services …………………………………………………………………... 140 Chapter 8A, Termination of Life‐Support Procedures ……………………………………………… 143 Chapter 9A, Vital Statistics ……………………………………………………………………………………… 161 Chapter 10, Nuisances Menacing Public Health ………………………………………………………. 189 Chapter 10A, Genetics Service ………………………………………………………………………………… 191 Chapter 10B, Sickle Cell Oversight and Regulatory Commission ……………………………… 193 Chapter 10C, Alabama Commission on Tick Borne Illness ………………………………………. 196 Chapter 11A, Reporting Notifiable Diseases Article 1, General Provisions ……………………………………………………………………….. 198 Article 2, Human Immunodeficiency Virus and AIDS ……………………………………. 214 Article 3, Infected Health Care Worker ………………………………………………………… 216 Article 5, Patient Infection Data Reporting and Collection …………………………… 225 Chapter 11B, Exchange of Immunization Status Data ………………………………………………. 230 Chapter 11C, Alabama Head and Spinal Cord Injury Registry Act ……………………………… 232 Chapter 11D, Statewide Trauma Advisory Council ……………………………………………………. 236 Chapter 11F, The Coach Safely Act ………………………………………………………………………….. 242 Chapter 12, Quarantine Laws and Regulations …………………………………………………………. 244 Chapter 12A, Perinatal Health Care …………………………………………………………………………… 250 Chapter 12B, Mothers and Babies Indigent Care Trust Fund ……………………………………… 252 Chapter 12C, Administration of Women, Infants and Children Program …………………… 253 Chapter 12D, Office of Women’s Health …………………………………………………………………. 257 Chapter 13, Cancer Article 1, General Provisions ……………………………………………………………………….. 260 Article 2, Alabama Statewide Cancer Registry ……………………………………………… 261 Article 3, Breast, Cervical, and Colorectal Cancer Awareness ……………………… 264 Article 4, Breast Cancer Education ……………………………………………………………….. 266 Chapter 13A, Osteoporosis Prevention and Treatment Education Act ………………………. 268 Chapter 14, Radiation Article 1, Regulation of Sources of Ionizing Radiation ……………………………………. 275 ii Title 22, Health, Mental Health, and Environmental Control (continued) Chapter 14, Radiation (continued) Article 1a, Registration and Certification of Volume Reduction of Low‐Level Radioactive Wastes ………………………. 284 Article 2, Employee Background Investigations ……………………………………………. 285 Chapter 15A, Alabama Clean Indoor Air Act ……………………………………………………………. 287 Chapter 17A, Regulation of Tattooing, Branding, and Body Piercing ……………………….. 292 Chapter 18, Ambulances Article 1, Training, Qualification, and Licensing …………………………………………… 296 Article 2, Alabama Emergency Medical Services Education Commission …….. 303 Article 3, Emergency Medical Services ………………………………………………………… 305 Article 4, Emergency Medical Services Personnel Licensure Interstate Compact ……………………………………………… 308 Article 5, Volunteer Rescue Squad and Volunteer Firefighters Tuition Reimbursement Act ……………………………… 324 Chapter 19, Dead Bodies Article 1, General Provisions ………………………………………………………………………… 326 Article 2, Distribution of Unclaimed Bodies for Scientific Study ……………………. 328 Chapter 20, Miscellaneous Health Laws …………………………………………………………………… 331 Chapter 20A, Source or Origin of Fish Products Article 1, Source or Origin of Farm‐Raised and Wild Fish ……………………………… 339 Article 2, Country of Origin of Catfish Products …………………………………………….. 342 Article 3, Processing of Shrimp …………………………………………………………………… 344 Chapter 21, Hospitals and Other Health Care Facilities Generally Article 1, General Provisions ………………………………………………………………………. 345 Article 2, Licensing of Hospitals, Nursing Homes, and Other Health Care Institutions ……………..….………………… 351 Article 2a, Review of Plans for New Construction, Addition, or Alteration of Hospitals or Health Care Facility by Board of Health ………….……………………………………………….… 360 Article 3, Public Hospital Associations …………………………………………………………. 363 Article 9, Control and Regulation of Development of Certain Health Care Facilities (CON Laws) …………………….. 368 Article 11, Health Care Authorities ………………………………………………………………. 390 Article 11a, Additional Power of Health Care Authorities Division 1, Certain Additional Powers ……………………………………………… 416 Division 2, Further Additional Powers ……………………………………………… 422 Chapter 23, Waterworks and Water Supplies Generally (Fluoridation) ………………………. 425 Chapter 25B, Regulation of Privately Owned Wastewater Systems …………………………… 426 Chapter 26, Sewage Collection, Treatment, and Disposal Facilities …………………………… 435 Chapter 27, Solid Waste Article 1, Solid Wastes and Recyclable Materials Management Act ……………… 437 Article 3, Solid Waste Management Plan ……………………………………………………… 458 Article 4, Disposal of Waste Cooking Grease and Animal Byproducts …………… 471 Article 4a, Methods of Disposing Waste Cooking Grease and Animal Byproducts ………………………….…………………………… 473 Chapter 31, Determination of Death ……………………………………………………………………….. 475 iii Title 22, Health, Mental Health, and Environmental Control (continued) Chapter 32, Southeast Interstate Low‐Level Radioactive Waste Management Compact ……………………..................... 476 Chapter 37A. Alabama Lead Reduction Act of 1997 ………………………………………………….. 490 Title 26, Infants and Incompetents Chapter 1, General Provisions …………………………………………………………………………………… 497 Chapter 14, Reporting of Child Abuse and Neglect …………………………………………………… 498 Chapter 16, Child Abuse and Neglect Article 1, Child Abuse and Neglect Prevention ……………………………………………… 508 Article 5, Child Death Review Teams ……………………………………………………………. 515 Article 6, Sudden Unexplained Infant Death Investigation Act …………………….. 524 Chapter 21, Parental Consent to Performing Abortion upon Minor …………………………. 527 Chapter 22, Abortion of Viable Unborn Child …………………………………………………………… 535 Chapter 23, Alabama Partial‐Birth Abortion Ban Act of 1997 …………………………………… 538 Chapter 23A, The Woman's Right to Know Act …………………………………………………………. 540 Chapter 23B, Alabama Pain‐Capable Unborn Child Protection Act …………………………… 547 Chapter 23C, Federal Abortion Mandate Opt Out Act ………………………………………………. 553 Chapter 23D, Termination of Ectopic Pregnancy ………………………………………………………. 555 Chapter 23E, Women’s Health and Safety Act ………………………………………………………….. 556 Chapter 23H, Alabama Human Life Protection Act …………………………………………………… 562 Chapter 27, Unborn Child Protection from Dismemberment Act ……………………………. 566 Title 27, Insurance Chapter 21A, Health Maintenance Organizations ……………………………………………………. 570 Title 28, Intoxicating Liquor, Malt Beverages, and Wine Chapter 11, Sale of Tobacco Products Regulated by the Alcohol Beverage Control Board ………………………………………….. 593 Title 29, Legislature Chapter 2, Permanent Legislative Committees Article 3, Contract Review Oversight Committee ………………………………………… 605 Article 15, Alabama Commission on the Evaluation of Services ……………………. 608 Title 30, Marital and Domestic Relations Chapter 1, Marriage ……………………………………………………………………………………………….. 611 Title 31, Military Affairs and Civil Defense Chapter 9, Emergency Management Article 1, Alabama Emergency Management Act of 1955 …………………………… 615 Article 2, Emergency Management Assistance Compact …………………………….. 630 Chapter 9B, Disaster Shelters for Individuals with Medical Needs ………………………….. 635 Chapter 13, Illegal Immigration ……………………………………………………………………..………… 637 Title 34, Professions and Businesses Chapter 2A, Assisted Living Administrators ……………………………………………………………… 671 Chapter 15, Hotels, Inns, and Other Transient Lodging Places …………………………………. 682 iv Title 34, Professions and Businesses (continued) Chapter 19, Midwives ………………………………………………………………………………………………. 689 Chapter 20, Nursing Home Administrators ………………………………………………………………. 698 Chapter 21, Nurses Article 1, General Provisions ……………………………………………………………………….. 707 Article 2, Licenses ……………………………………………………………………………………….. 715 Article 3, Continuing Education …………………………………………………………………… 722 Article 4, Post‐Baccalaureate Scholarships ………………………………………………….. 723 Article 5, Advanced Practice Nursing …………………………………………………………… 725 Article 6, Loan‐Repayment Program for Advanced‐Practice Nursing …………… 733 Chapter 21A, Onsite Wastewater Board and Licensees ……………………………………………. 736 Chapter 24, Physicians and Other Practitioners of Healing Arts Article 3, Physicians and Osteopaths Division 1, General Provisions …………………………………………………………. 752 Division 2, Certificates of Qualification …………………………………………… 760 Article 7, Assistants to Physicians …………………………………………………………………. 771 Article 8, Licensing and Registration of Physicians and Osteopaths Division 1, Medical Licensure Commission ………………………………………. 782 Division 2, Licenses and Registration Generally ……………………………….. 785 Division 3, Suspension or Revocation of Licenses ……………………………. 792 Division 4, Administrative Fines, Reprimands, and Restrictions ……….. 804 Article 10, Licensing the Practice of Medicine and Osteopathy Across State Lines ……………………………………… 806 Title 36, Public Officers and Employees Chapter 12, Maintenance, Use, Etc., of Public Property, Records, Etc. Article 1, General Provisions ………………………………………………………………………… 810 Article 3, Inspection and Copying of Records ……………………………………………….. 812 Chapter 25, Code of Ethics for Public Officials, Employees, Etc. ………………………………… 813 Chapter 25A, Alabama Open Meetings Act ……………………………………………………………….. 849 Chapter 26, State Personnel Department and Merit System Article 1, General Provisions …………………………………………………………………………. 863 Article 3, County and District Health Departments ……………………………………….. 892 Chapter 29A, State Employee Injury Compensation Program ……………………………………. 893 Title 40, Revenue and Taxation Chapter 9, Exemption from Taxation and Licenses Article 1, General Provisions ………………………………………………………………………… 896 Title 41, State Government Chapter 1, General Provisions Article 1, In General ………………………………………………………………………………………. 901 Chapter 9, Boards and Commissions Article 4, Board of Adjustment ……………………………………………………………………… 902 Article 46, Medical Cannabis Study Commission …………….………………………..….. 910 Chapter 16, Public Contracts Article 1, General Provisions ………………………………………………………………………… 912 Article 2, Competitive Bidding on Public Contracts Generally ………………………. 915 v Title 41, State Government (continued) Chapter 16, Public Contracts (continued) Article 3a, Competitive Bidding on Contracts for Goods and Services ………….. 924 Article 3b, Submissions for Public Contracts and Grants, Disclosure Requirements …………………….…….………………………… 932 Chapter 22, Administrative Procedure …………………………………………………………………….. 935 Chapter 27, Alabama State Law Enforcement Agency Article 1, General Provisions ………………………………………………………………………… 962 vi Public Health Laws of Alabama Code of Alabama 1975 Title 3, Animals Chapter 6A, Control of Dangerous Dogs § 3‐6A‐1. Short title. This chapter is known and may be cited as Emily’s Law. (Act 2018‐182, § 1.) § 3‐6A‐2. Legislative findings. The Legislature finds that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unjustified attacks on and associated injury to individuals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of state requirements on the owners of dangerous dogs. (Act 2018‐182, § 2.) § 3‐6A‐3. Definitions. For the purposes of this chapter, the following words shall have the following meanings: (1) ANIMAL CONTROL OFFICER. Any person employed by a county or municipality who performs animal control functions or any person who performs animal control functions who is employed by an entity under agreement or contract with a county or municipality to perform animal control functions or to enforce this chapter. (2) ATTACK. Aggressive physical contact by a dog. (3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped, or has been wounded or pierced, resulting in physical injury. (4) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury, serious physical injury, or death to a person without justification, except a dog that is a police animal as defined by Section 13A‐11‐260, used by law enforcement officials for legitimate law enforcement purposes. (5) DOG. All members of the canine family including dog hybrids. (6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to the municipality or county where the dangerous dog is found. Current through 2019 Legislative Session 1 Public Health Laws of Alabama (7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. (8) PHYSICAL INJURY. An injury as defined in Section 13A‐1‐2(12). (9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous that is suitable to prevent the entry of the general public and that does all of the following: a. Is capable of being locked with a key or combination lock when the dog is within the structure. b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the dog from digging out. c. Provides adequate ventilation and protection from the elements. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: “Dangerous Dog‐‐No Trespassing.” e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. f. The enclosure shall be locked at all times while the dog is inside the enclosure. (10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A‐1‐2. (Act 2018‐182, § 3.) § 3‐6A‐4. Sworn statement; dangerous dog investigation; hearing; procedures. (a) (1) When a person claims that a dog is dangerous, the person shall make a sworn statement before a city magistrate or sheriff setting forth the name of the dog owner, if known, the location where the dog is being kept in the city or county, and the reason he or she believes the dog to be dangerous. (2) The sworn statement shall be delivered to an animal control officer who shall complete a dangerous dog investigation. When the sworn statement claims that a dog has caused serious physical injury or death to a person, the duties of the animal control officer, including, but not limited to, the dangerous dog investigation, shall be carried out by a law enforcement officer. (b) An animal control officer may initiate a dangerous dog investigation in cases where a complaint has been made pursuant to subsection (a) and a person has been bitten, received physical injury or serious physical injury, or has died. Current through 2019 Legislative Session 2 Public Health Laws of Alabama (c) (1) In the event a dangerous dog investigation leads an animal control officer to believe the allegation is founded, all of the following shall occur: a. The animal control officer shall file a summons for the owner of the dog, if known, with the municipal court or district court. b. The dog in question shall be impounded at the county pound as described in Section 3‐7A‐7, or the county or municipality may enter into an agreement with an animal shelter or licensed veterinarian to impound the dog; provided, however, the owner of the dog shall be provided the opportunity to choose a veterinarian of his or her choosing to impound the dog in lieu of the county pound or animal shelter. If the dog is impounded with a veterinarian chosen by the owner of the dog, the owner of the dog shall be liable for paying to the veterinarian the cost and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. If the county or municipality impounds the dog, the owner of the dog shall be liable to the county or municipality for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. c. The animal control officer shall send a copy of the investigation report to the county attorney, municipal attorney, or municipal prosecutor. (2) In lieu of the investigation, the owner of the alleged dangerous dog may consent to the dog being humanely euthanized. (d) In the event the dangerous dog investigation leads the animal control officer to believe the allegation is unfounded, the animal control officer shall advise the complainant of his or her findings and the animal control officer shall submit the results of the investigation to his or her supervisor. (e) A copy of all investigations made pursuant to this section shall be kept on file in the animal control office or sheriff's office. (f) The county attorney, municipal attorney, or municipal prosecutor may file a petition in the district court or municipal court to declare dangerous the dog that caused physical injury, serious physical injury, or death to a person in the jurisdiction of the county or municipality. The owner of the dog, if known, shall be served with a copy of the petition. (g) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership may not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. (h) The court hearing shall be held as soon as practicable. At the hearing, the county attorney, municipal attorney, or municipal prosecutor shall present evidence that the dog is dangerous. To declare the dog dangerous, the court shall find by reasonable satisfaction that the dog bit, attacked, or caused physical injury, serious physical injury, or death to a person without justification. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to Current through 2019 Legislative Session 3
Description: