FEBRUARY 29, 2012
FILINGS BY AGENCY
AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Emergency New Rule:
80-3-6-.39 Bovine Trichomoniasis
Certified Amended Rules:
80-8-7-.04 Polling Places and Time of Operation
80-8-7-.05 Procedure for Polling and Handling Results of the Poll
BOXING COMMISSION
Proposed New Rule:
Chapter 165-X-25 Mixed Martial Arts Licensing Procedures
Emergency New Rule:
Chapter 165-X-25 Mixed Martial Arts Licensing Procedures
Certified Amended Rule:
Chapter 165-X-10 Functions of Commission
Certified New Rules:
Chapter 165-X-5 Conduct of Promotion
Chapter 165-X-11 Martial Arts Definitions
Chapter 165-X-12 Bout Results
Chapter 165-X-13 Mixed Martial Arts Ring and Equipment
CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Emergency New Rule:
220-4-.16 Derelict Vessels – Robert’s Bayou, Baldwin County
COSMETOLOGY, BOARD OF
Proposed Amended Rule:
250-X-5-.06 General Rules for Schools
CRIMINAL JUSTICE INFORMATION CENTER
Proposed Amended Rules:
265-X-2-.03 Individual Access, Review and Challenge of Criminal History Record Information
Appendix A Applicant Application
Appendix B Instructions for Completing Request for Review of Criminal Records
Appendix C Criminal History Record Challenge
DENTAL EXAMINERS, BOARD OF
Certified Amended Rules:
270-X-1-.01 Oath of Office
270-X-1-.02 Parliamentary Usage
270-X-1-.03 Duties of the Secretary-Treasurer
270-X-1-.04 Administrative Secretary
270-X-1-.05 All Correspondence by Secretary-Treasurer
270-X-1-.06 Assistant Dentists to Aid the Board
270-X-1-.07 Travel Allowances for Board Members
270-X-1-.08 Meetings of the Board
270-X-1-.09 Check Signing Authority of Administrative Secretary
270-X-1-.10 Consulting Fees
270-X-2-.01 Education Requirements for Examination Dentists
270-X-2-.02 Applications for Dental License, Qualifications of Applicants and Licensing of Persons Licensed in Other States
270-X-2-.03 Licensure of Foreign Graduates
270-X-2-.04 Fees for Licensure Applicants
270-X-2-.05 Examination Rules and Issuance of Licenses
270-X-2-.06 Replacement and/or Duplicate Certificate
270-X-2-.07 Annual Registration for Dentists
270-X-2-.08 Grounds for Disciplinary Action Pertaining to Dental License
270-X-2-.09 Change of Address of Licensed Dentists
270-X-2-.10 Teaching/Special Teaching Permits
270-X-2-.11 Alabama Uniform Controlled Substances Act
270-X-2-.12 Maintenance of Controlled Substances Records and Inventory
270-X-2-.13 Statement of Charges and Notice of Hearing Before Imposition of Disciplinary Penalties
270-X-2-.15 Standards for Infection Control in Dental Offices
270-X-2-.16 Training and Educational Requirements for the Use of Parenteral Sedation
270-X-2-.17 Criteria for On-Site Inspection for the Use of General Anesthesia and Parenteral Sedation
270-X-2-.18 The Practice of Dentistry Across State Lines
270-X-2-.19 Licensure by Credentials
270-X-2-.20 Reporting of Adverse Occurrences
270-X-2-.21 Oral Conscious Sedation
270-X-2-.22 Patient Records
270-X-3-.01 Examination Rules and Issuance of Licenses
270-X-3-.03 Education Requirements for Examination, Qualifications, Application, Examination, and Licensure of Dental Hygienists
270-X-3-.04 Alabama Dental Hygiene Program (ADHP) Requirements
270-X-3-.05 Change of Name on License Certificates
270-X-3-.06 Direct Supervision Defined
270-X-3-.07 Annual Registration for Hygienists
270-X-3-.08 Change of Address of Dental Hygienists
270-X-3-.09 Grounds for Disciplinary Action Pertaining to Dental Hygienist License
270-X-3-.10 Duties of Allied Dental Personnel
270-X-3-.11 Statement of Charges and Notice of Hearing Before Imposition of Disciplinary Penalties
270-X-4-.01 Professional Corporations and Professional Associations
270-X-4-.02 Approval Required for Utilization of Unlicensed Individuals by Institutions
270-X-4-.03 Approval Required for Any Training, Educational, Technical, Vocational, or Any Other Institution Providing Instruction for Dental Assistants, Dental Laboratory Technicians, or Any Other Paradental Personnel
270-X-4-.04 Mandatory Continuing Education for Dentists and Dental Hygienists
270-X-4-.05 Infected Health Care Workers
270-X-4-.06 Limited Liability Companies
270-X-4-.07 Registered Limited Liability Companies
270-X-4-.08 Advertising
270-X-4-.09 Criteria and Fees for Mobile Dental Facilities or Portable Dental Operations
270-X-5-.01 Description of Organization of Board of Dental Examiners of Alabama
270-X-5-.02 Procedure for Requesting Adoption, Amendment, or Repeal of Rule and Submission
270-X-5-.03 Administrative Determinations and Declaratory Rulings of the Board
270-X-5-.04 Rule-Making Proceedings
270-X-5-.05 Disciplinary Hearings for Dentists and Dental Hygienists
270-X-5-.06 Complaints
270-X-5-.07 Expense Recovery
270-X-5-.09 Non-Disciplinary Administrative Penalties
270-X-5-.10 Definition of Negligence/Gross Negligence
ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Proposed New Rule:
305-9-1-.11 Voluntary Nonprofit Rescue Squad and Voluntary Nonprofit Ambulance Service State Surplus Property Loan Program
FUNERAL SERVICE, BOARD OF
Certified Amended Rules:
395-X-1-.01 Organization
395-X-1-.02 Nomination and Appointment
395-X-2-.01 Application for License
395-X-2-.03 Fees
395-X-2-.05 State Laws Examination
395-X-4-.01 Original Inspection of Funeral Establishments
395-X-4-.02 Annual Inspections of Funeral Establishments
395-X-4-.03 Complaints and Investigations
395-X-6-.01 Preparation Room
395-X-6-.02 Display or Selection Room
Certified Repealed Rules:
395-X-2-.04 Original Application Fees
Chapter 395-X-7 Eye Enucleating Technicians
Certified New Rules:
395-X-2-.04 Display of Licenses
395-X-6-.08 Mortuary Services
HEALTH, DEPARMENT OF PUBLIC
Proposed Amended Rule:
420-10-2-.06 WIC Vendor Management
HUMAN RESOUCES, DEPARTMENT OF
Proposed Amended Rules:
660-5-2-.09 Proposed Categories of Service
660-5-3-.05 Service Availability
Emergency Amended Rules:
660-5-2-.09 Proposed Categories of Service
660-5-3-.05 Service Availability
Certified Amended Rule:
660-1-5-.20 Evidence
MARRIAGE AND FAMILY THERAPY, BOARD OF EXAMINERS IN
Certified Amended Rules:
536-X-1-.01 Definition of Terms
536-X-2-.01 Requirement for Licensed Marriage and Family Therapists
536-X-2-.02 Requirements for Licensure: Licensed Marriage and Family Therapist (LMFT)
536-X-2-.03 Endorsement of an Individual Who is Licensed/Registered as an MFT Under the Laws of Another State or Territory of the United States or of a Foreign Country
536-X-3-.01 Board Approved Marriage and Family Therapy Designations
536-X-4-.01 Requirements for Designation: Marriage and Family Therapy Intern (MFT Intern)
536-X-4-.02 Requirements for Designation: Marriage and Family Therapy Associate (MFT Associate)
536-X-4-.03 Requirements for Designation: LMFT Supervisor Candidate
536-X-4-.04 Requirements for Designation: LMFT Approved Supervisor
536-X-4-.05 Requirements for Designation: LMFT Supervisor Mentor
536-X-4-.06 Guidelines for: Case by Case Supervision
536-X-4-.07 Guidelines for: Examination Application Requirements
536-X-5-.01 Board Course Requirements
536-X-6-.01 Required Relevant Professional and Continuing Education Experience
536-X-8-.01 Responsibility to Clients
536-X-8-.02 Confidentially
536-X-8-.03 Professional Competence and Integrity
536-X-8-.04 Responsibility to Students and Supervisees
536-X-8-.06 Responsibility to the Profession
536-X-8-.07 Financial Arrangements
536-X-9-.01 Board Policies and Procedures
Appendices 1 Fees
Appendices 2 Forms Associated with These Rules and Regulations
MASSAGE THERAPY, BOARD OF
Certified Amended Rules:
532-X-1-.02 Definitions
532-X-2-.01 Board Composition and Officers
532-X-2-.02 Board Duties
532-X-3-.01 Massage Therapist Licensure Qualifications
532-X-3-.03 Application and License
532-X-3-.04 Establishment Licensure
532-X-3-.05 Massage Therapy School, Massage Therapy Instructor Requirements
532-X-3-.06 Fee Schedule
532-X-5-.02 Advertising Limitations
532-X-5-.03 Prohibited Acts
Certified Repealed Rule:
532-X-5-.01 Complaints
Certified New Rule:
532-X-5-.01 Complaints
MEDICAID AGENCY
Proposed Amended Rules:
560-X-1-.18 Provider/Recipient Signature Requirements
560-X-1-.21 Provider Medicaid Records Inspection/Audit
560-X-14-.02 Eligible Individuals
Certified Amended Rule:
560-X-11-.14 EPSDT Referred Service Providers
Certified New Rule:
Chapter 560-X-44 Home and Community-Based Services (HCBS) for the Alabama Community Transition (ACT) Waiver
Disapproval With Suggested Amendment by the Joint Committee on Administrative Regulation Review:
Certified Amended Rules:
560-X-17-.01 Eye Care Services – General
560-X-17-.04 Eyeglasses
Disapproval by the Joint Committee on Administrative Regulation Review:
Certified Amended Rule:
560-X-17-.05 Billing Procedures
Rule Refiled After Agency Approval of Suggested Amendment by the Joint Committee on Administrative Regulation Review:
Certified Amended Rules:
560-X-17-.01 Eye Care Services – General
560-X-17-.04 Eyeglasses
MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rule:
540-X-17-.06 Medical Records
MEDICAL EXAMINERS, BOARD OF (cont.)
Certified Amended Rules:
Chapter 540-X-3 Certificate of Qualification, Appendix A – Application for Certificate to Practice Medicine Through Endorsement
Chapter 540-X-3 Certificate of Qualification, Appendix B – Application for Certificate to Practice Medicine Through Examination
Chapter 540-X-3 Certificate of Qualification, Appendix C – Application for a Limited Certificate of Qualification
Chapter 540-X-3 Certificate of Qualification, Appendix E – Application for a Certificate of Qualification Under the Retired Senior Volunteer Physician Program (RSVP)
Chapter 540-X-3 Certificate of Qualification, Appendix F – Retired Senior Volunteer Program Certificate of Qualification Renewal Application
Chapter 540-X-3 Certificate of Qualification, Appendix G – Limited Certificate of Qualification Renewal Application
Chapter 540-X-3 Certificate of Qualification, Appendix H –Certificate of Qualification Reinstatement Application
Chapter 540-X-7 Assistants to Physicians, Appendix A – Application for Registration of P. A.
Chapter 540-X-7 Assistants to Physicians, Appendix D – Application for Licensure of Physician Assistant.
Chapter 540-X-7 Assistants to Physicians, Appendix E – Application for Registration of Anesthesiologist Assistant.
Chapter 540-X-7 Assistants to Physicians, Appendix H – Application for Licensure of Anesthesiologist Assistant.
Chapter 540-X-7 Assistants to Physicians, Appendix K – Application for Reinstatement of Physician Assistant/Anesthesiologist Assistant License.
Chapter 540-X-16 The Practice of Medicine or Osteopathy Across State Lines, Appendix A – Application for Certificate of Qualification for a Special Purpose License to Practice Medicine or Osteopathy
PHARMACY, BOARD OF
Certified Amended Rules:
680-X-2-.11 Pharmacy Keys or Other Controlled Access Device or Method
680-X-2-.14 The Role of Technicians in Pharmacies in Alabama
680-X-2-.18 Institutional Pharmacies
REAL ESTATE APPRAISERS BOARD
Certified Amended Rule:
780-X-4-.02 Application and License Fees
REVENUE, DEPARTMENT OF
Proposed Repealed Rules:
810-5-1-.227-.04 Memorandum of Understanding Between the Department of Human Resources and the Alabama Department of Revenue
810-5-1-.489 Memorandum of Understanding Between the Department of Corrections and the Alabama Department of Revenue
810-5-8-.05 Information to be Shown on Insurance Cards
Proposed New Rules:
810-4-5-.01 Implementation of the Homeowners and Storm Victims Protection Act – Single Family Dwelling
810-4-5-.02 Implementation of the Homeowners and Storm Victims Protection Act – Fully-Developed Lots
810-5-8-.05 Information to be Shown on Insurance Cards
810-7-1-.23 Electronic Filing Payment of State and State-Administered County Tobacco Taxes
SECRETARY OF STATE, OFFICE OF THE
Emergency New Rules:
820-2-8-.09 Compensation for Absentee Election Manager and Absentee Poll Workers for the Counting of Federal MOVE Ballots Cast in the March 13, 2012 Primary Election
820-2-8-.10 Time for Receipt and Counting of Federal UOCAVA Ballots in the March 13, 2012 Primary Election
820-2-8-.11 Second Primary Election Written Plan Pursuant to 42 U.S.C. 1973ff-1(a)(9)
DISAPPROVAL WITH SUGGESTED AMENDMENT BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW
DISAPPROVAL BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW