ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXX, ISSUE NO. 5

FEBRUARY 29, 2012

DATE OF PUBLICATION


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)

EMERGENCY RULES

CERTIFIED ADOPTED RULES

DISAPPROVAL WITH SUGGESTED AMENDMENT BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW

DISAPPROVAL BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW

RULE REFILED AFTER AGENCY APPROVAL OF SUGGESTED AMENDMENT BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW