Public Health Laws Of Alabama, 2012

Transcription

Public Health Laws of Alabama, 2012Table of ContentsTITLE 3. ANIMALS. . 1Chapter 7A. Rabies, §§ 3‐7A‐1 through 3‐7A‐16. . 1TITLE 9. CONSERVATION AND NATURAL RESOURCES. 8Chapter 12. Marine Resources, § 9‐12‐126. 8TITLE 11. COUNTIES AND MUNICIPAL CORPORATIONS. . 8Chapter 47. Powers, Duties, and Liabilities Generally, § 11‐47‐60 through 11‐47‐74. . 8TITLE 13A. CRIMINAL CODE. . 17Chapter 7. Offenses Involving Damage to and Intrusion Upon Property, § 13A‐7‐29. .17Chapter 12. Offenses Against Public Health and Morals, § 13A‐12‐3. .19TITLE 15. CRIMINAL PROCEDURE. . 19Chapter 23. Alabama Crime Victims, §§ 15‐23‐100 through 15‐23‐104. .19TITLE 16. EDUCATION. . 21Chapter 28. School Attendance, § 16‐28‐6. .21Chapter 29. Mental and Physical Examinations of School Children, § § 16‐29‐1 through 16‐29‐6. .21Chapter 30. Immunization of School Children, §§16‐30‐1 through 16‐30‐5. .23TITLE 17. ELECTIONS. . 24Chapter 4. Registration, § 17‐4‐6. .24i Page

Public Health Laws of Alabama, 2012TITLE 20. FOOD, DRUGS, AND COSMETICS. . 24Chapter 1. Standards, Labeling, and Adulteration, § 20‐1‐152. .24Chapter 2. Controlled Substances, §§ 20‐2‐2 to 20‐2‐58, 20‐2‐70 to 20‐2‐93, 20‐2‐190, 20‐2‐210 through 20‐2‐220. .25Chapter 3. Donation of Drugs to Charitable Clinics. §§ 20‐3‐1 to 20‐3‐3 .67TITLE 21. HANDICAPPED PERSONS. . 70Chapter 3. Crippled and Disabled Children, §§ 21‐3‐1 through 21‐3‐8. .70TITLE 22. HEALTH, MENTAL HEALTH AND ENVIRONMENTAL CONTROL. . 72Chapter 1. General Provisions, §§ 22‐1‐1 through 22‐1‐9, 22‐1‐13. .72Chapter 2. State Board of Health and Ancillary Committees and Officers, § § 22‐2‐1 through 22‐2‐14.76Chapter 2A. Joint Drug Purchase Program for Certain State Agencies § § 22‐2A‐1 through 22‐2A‐7. .82Chapter 3. Local Health Authorities, § 22‐3‐1 through 22‐3‐12. .83Chapter 4A. Family Practice Rural Health Board, §§ 22‐4A‐1 through 22‐4A‐7. .89Chapter 4B. Nursing Degree Loans and Incentives, §§ 22‐4B‐1 through 22‐4B‐7. .91Chapter 6. Medicaid Program, § 22‐6‐1.95Chapter 7. Fees for Home Health Services, § 22‐7‐1 through 22‐7‐6. .95Chapter 8. Consent for Health Services, §§ 22‐8‐1 through 22‐8‐9. .96Chapter 8A. Termination of Life‐Support Procedures, §§ 22‐8A‐1 through 22‐8A‐14. .98Chapter 9A. Vital Statistics, §§ 22‐9A‐1 through 22‐9A‐28. . 113Chapter 10. Nuisances Menacing Public Health, §§ 22‐10‐1 through 22‐10‐3. . 141Chapter 11A. Notifiable Diseases, §§ 22‐11A‐1 through 22‐11A‐73, 22‐11A‐110 through 22‐11A‐124. 142Chapter 11B. Exchange of Immunization Status Data, §§ 22‐11B‐1 through 22‐11B‐4. . 172ii P a g e

Public Health Laws of Alabama, 2012Chapter 11C. Alabama Head and Spinal Cord Injury Registry Act, §§ 22‐11C‐1 through 22‐11C‐12. 173Chapter 11D. Statewide Trauma Advisory Council, §§ 22‐11D‐1 through 22‐11D‐9. . 177Chapter 12. Quarantine Laws and Regulations, §§ 22‐12‐1 through 22‐1‐30. . 182Chapter 12A. Perinatal Health Care, §§ 22‐12A‐1 through 22‐12A‐6. . 188Chapter 12B. Mothers and Babies Indigent Care Trust Fund, §§ 22‐12B‐1 through 22‐12B‐4. . 190Chapter 12C. Administration of Women, Infants, and Children Program. §§ 22‐12C‐1 to 22‐12C‐9. . 191Chapter 12D. Office of Women's Health, §§ 22‐12D‐1 through 22‐12D‐5. . 194Chapter 13. Cancer, §§ 22‐13‐1 through 22‐13‐5, 22‐13‐13, 22‐13‐30 through 22‐13‐35, and 22‐13‐50 through 22‐13‐55. . 196Chapter 13A. Osteoporosis Prevention and Treatment Education Act, §§ 22‐13A‐1 through 22‐13A‐10. . 201Chapter 14. Radiation, §§ 22‐14‐1 through 22‐14‐16, 22‐14‐21, 21‐14‐22, and 22‐14‐30 through 22‐14‐35. . 207Chapter 15. Tuberculosis and Other Lung Diseases. Repealed. . 218Chapter 15A. Alabama Clean Indoor Air Act, §§ 22‐15A‐1 through 22‐15A‐10. . 218Chapter 16. Venereal Diseases. Repealed. Chapter 17. Barber, Manicure, or Beauty Shops, §§ 22‐17‐1 through22‐17‐11. . 222Chapter 17A. Regulation of Tattooing, Branding, and Body Piercing, §§22‐17A‐1 through 22‐17A‐8. . 224Chapter 18. Ambulances, §§ 22‐18‐1 through 22‐18‐44. . 227Chapter 19. Dead Bodies, §§ 22‐19‐1 through 22‐19‐144. . 238Chapter 20. Miscellaneous Health Laws, §§ 22‐20‐1 through 22‐20‐12. . 273Chapter 20A Source or Origin of Fish products, §§22‐20A‐1 through 22‐20A‐32. . 279Chapter 21. Hospitals and Other Health Care Facilities Generally, §§ 22‐21‐20 through 22‐21‐46, 22‐21‐260through 22‐21‐278. . 284Chapter 22A. Environmental Management, § 22‐22A‐2. . 315Chapter 25A. Regulation of Wastewater Onsite Management Entities Using Decentralized Cluster WastewaterSystems. Repealed. . 316iii P a g e

Public Health Laws of Alabama, 2012Chapter 25B. Regulation of Privately Owned Wastewater Systems, §§ 22‐25B‐1 through 22‐25B‐12. . 316Chapter 26. Sewage Collection, Treatment, and Disposal Facilities. 325Chapter 27. Solid Waste, §§ 22‐27‐1 through 22‐27‐18, 22‐27‐40 through 22‐27‐94. . 328Chapter 32. Southeast Interstate Low‐Level Radioactive Waste Management Compact, § 22‐32‐1 through 22‐32‐9. . 364Chapter 37A. Alabama Lead Reduction Act of 1997, §§ 22‐27‐1 through 22‐37‐9. . 379Chapter 50. Department of Mental Health and Mental Retardation; Board of Trustees, §§ 22‐50‐11, 22‐50‐17. 384TITLE 26 INFANTS AND INCOMPETENTS . 387Chapter 11. Legitimation of Children, § 26‐11‐3. . 387Chapter 14. Reporting of Child Abuse or Neglect, §§ 26‐14‐1 through 26‐14‐13. . 388Chapter 23A. The Woman's Right to Know Act, § 26‐23A‐1 through 26‐23A‐13. . 396TITLE 27 INSURANCE . 403Chapter 3A. Health Care Service Utilization Review Act, § 37‐3A‐1 through 37‐3A‐6. . 403Chapter 21A. Health Maintenance Organizations, §§ 27‐21A‐1 through 27‐21A‐32. 407Chapter 21B. Medical Support Health Care Access Act, 27‐21B‐1 through 27‐21B‐10. . 429TITLE 31. MILITARY AFFAIRS AND CIVIL DEFENSE. . 433Chapter 9. Emergency Management, §§ 31‐9‐1through 31‐9‐40. . 433TITLE 32. MOTOR VEHICLES AND TRAFFIC. 456Chapter 5. Regulation of Operation of Motor Vehicles, Etc., Generally, § 32‐5‐222. . 456TITLE 33. NAVIGATION AND WATERCOURSES. 457Chapter 6. Discharge of Litter and Sewage from Watercraft, §§ 33‐6‐1 through 33‐6‐12. . 457iv P a g e

Public Health Laws of Alabama, 2012TITLE 34. PROFESSIONS AND BUSINESSES. . 460Chapter 15. Hotels, Inns and Other Transient Lodging Places, § 34‐15‐1 through 34‐15‐20. . 460TITLE 34. PROFESSIONS AND BUSINESSES. . 466Chapter 19. Midwives, §§ 34‐19‐1 through 34‐19‐10. . 466TITLE 36. PUBLIC OFFICERS AND EMPLOYEES. . 469Chapter 1 General Provisions, § 36‐1‐6.1. . 469Chapter 26. State Personnel Department and Merit System, §§ 36‐26‐80 through 36‐26‐83. . 470Chapter 30. Compensation for Death or Disability of Peace Officers, Firemen, Etc., §§ 36‐30‐1 through 36‐30‐7. 471TITLE 38. PUBLIC WELFARE. . 476Chapter 9. Protection of Aged or Disabled Adults. §§ 38‐9‐1 through 38‐9‐11. . 476Chapter 9A. In‐Home Services and Equipment for Persons with Developmental Disability, §§ 38‐9A‐1 through 38‐9A‐9. . 484TITLE 41 STATE GOVERNMENT. 491Chapter 13. Social Security Numbers, § 41‐13‐6. . 491Chapter 22. Act Administrative Procedures, §§ 41‐22‐2 through 41‐22‐27. . 492v Page

Public Health Laws of Alabama, 2012Title 3. Animals.Chapter 7A. Rabies, §§ 3-7A-1 through 3-7A-16.§ 3-7A-1. Definitions.As used in this chapter, the following words and phrases shall have the following meaningsrespectively ascribed to them unless the context clearly indicates otherwise:(1) Canine corps dogs. Those members of the canine family maintained by governmentalagencies for exclusive use in official duties assigned to those agencies. Seeing eye dogs shall beincluded within the meaning of this definition.(2) Cat. All members of the domesticated feline (Felis catus) family.(3) Dog. All members of the domesticated canine (Canis familiaris) family.(4) Ferret. All members of the ferret (Mustela putorius furo) family.(5) Has been exposed. Suspected or confirmed contact of saliva with a break or abrasion of theskin or with any mucous membrane, as determined by the health officer or medical or lawenforcement personnel.(6) Health officer. The State Health Officer or any county health officer as defined in Section 223-2, or his or her designee.(7) Immunization against rabies. The injection, in a manner approved by the State Health Officerand the State Veterinarian, of rabies vaccine approved by the State Health Officer and the StateVeterinarian. The administration of rabies vaccine to species other than those for which reliableimmunization data is available shall be a violation of this chapter.(8) Impounding officer. An agent of a county or municipality vested with impounding authorityfor animals covered under this chapter.(9) Owner. Any person having a right of property in a dog, cat, ferret, or other animal, or whokeeps or harbors the animal, or who has it in his or her care, or acts as its custodian, or whopermits the animal to remain on or about any premises occupied by him or her.(10) Person. Individuals, firms, partnerships, and associations.(11) Quarantine for rabies observation. Confinement under the direct care, custody, control, andsupervision of a licensed veterinarian for a period of 10 days subsequent to the date of theexposure, or as otherwise directed by the appropriate health officer.1 Page

Public Health Laws of Alabama, 2012(12) Rabies officer. A licensed veterinarian as defined in Section 34-29-61, duly appointed bythe county board of health and approved by the State Health Officer and State Veterinarian.§ 3-7A-2. Dogs, cats, and ferrets to be immunized; sale, etc., of vaccine; vaccinationexemptions.(a) Every owner of a dog, cat, or ferret required to be immunized for rabies as defined in thischapter, shall cause the animal to be immunized by the rabies officer, his or her authorizedrepresentative, or any duly licensed veterinarian, when the animal reaches three months of ageand subsequently in accordance with the intervals specified in the vaccine's license.Notwithstanding the above, the State Board of Health may establish by rule vaccine intervals orspecific vaccines, or both, to be used in public rabies vaccination clinics, based on considerationssuch as county specific prevalence of animal rabies or risk of animal rabies and the vaccinationrates of dogs, cats, and ferrets in a county. Evidence of immunization shall consist of a printedcertificate furnished by the Alabama Department of Public Health, upon which shall be legiblyinscribed: A description of the animal; its age, color, sex, breed, and tattoo identification, if any;the name and address of the owner; the lot number and type of vaccine used (modified live virus,inactivated virus); the name of the manufacturer, the amount of vaccine injected, and the dateafter which the animal is no longer considered vaccinated; and a serially numbered tag bearingthe same number and year as that of the certificate. The certificate shall be dated and signed bythe person authorized to administer the vaccine. Certificates not complying with the provisionsof this section, or certificates issued by those persons unauthorized to administer rabies vaccine,shall not be valid. In lieu of printed certificates, licensed veterinarians may elect to utilizeelectronically generated and maintained certificates if the certificates contain substantially thesame information as required above. A signed paper copy of the certificate prescribed hereinshall be delivered to the owner of the animal immunized. A paper copy or electronic copy orevidence thereof shall be maintained by the licensed veterinarian for a period of one year past theexpiration date of a certificate. An additional paper copy or electronic copy or listing shall beprovided to the local rabies enforcement authority upon request by the authority and in themanner as so requested.(b) It shall be unlawful and in violation of the provisions of this chapter for any person to import,receive, sell, offer for sale, barter, or exchange animal rabies vaccine, other than antirabiesvaccine intended for human use, to anyone except a duly licensed veterinarian.(c)(1) Notwithstanding the other provisions of this chapter, the State Board of Health by rulemay establish procedures and qualifications for an exemption from the requirement for avaccination for an animal if a rabies vaccination would be injurious to the animal's health.(2) An animal exempted under subdivision (1) shall be considered unvaccinated by the StateBoard of Health in the event of the animal's exposure to a confirmed or suspected rabid animal.2 Page

Public Health Laws of Alabama, 2012§ 3-7A-3. Immunization fee.At public rabies clinics, the rabies officer may charge an immunization fee established by acommittee consisting of the State Health Officer, the State Veterinarian, and the president of theAlabama Veterinary Medical Association, and approved by the State Board of Health prior to thefirst day of January each year. The committee shall consider all cost factors in administering thevaccine as the economy dictates, including but not limited to the current prices of vaccines.§ 3-7A-4. Issuance of tag.Coincident with the issuance of the certificate of immunization, the rabies officer, his authorizedrepresentative, or any duly licensed veterinarian, who provided the certificate shall furnish aserially numbered tag bearing the same number and year as that of the certificate, which tag shallat all times be attached to a collar or harness worn by the dog or cat for which the certificate andtag have been issued.§ 3-7A-5. Replacement of tag and certificate.In the event a tag or certificate is lost after it has been legally issued, every replacement there

Public Health Laws of Alabama, 2012 1 Page Title 3. Animals. Chapter 7A. Rabies, §§ 3-7A-1 through 3-7A-16. § 3-7A-1. Definitions. As used in this chapter, the foll