ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXVIII, ISSUE NO. 8

MAY 28, 2010

DATE OF PUBLICATION

TABLE OF CONTENTS


FILINGS BY AGENCY

ARCHITECTS, BOARD FOR REGISTRATION OF
Proposed Amended Rules:
100-X-1-.02 Office of the Board
100-X-1-.03 Board Members
100-X-1-.06 Meetings, Quorum and Order of Business
100-X-1-.07 Election of Officers
100-X-1-.09 Secretary
100-X-1-.10 Employees and Contract Agreements
100-X-1-.14 Fee Schedule
100-X-1-.15 Public Records
100-X-2-.05 Registration by NCARB Certificate
100-X-2-.06 Registration by Reinstatement
100-X-2-.07 Certificates of Registration
100-X-2-.08 Reconsideration of a Denied Application
100-X-5-.02 Use of the Title “Intern – Architect”
100-X-5-.03 Architect’s Seal
100-X-5-.06 Construction Administration
100-X-5-.08 Prototypical Documents
100-X-5-.09 Design-Build
100-X-6-.01 Complaints
100-X-6-.02 Probable Cause
100-X-6-.03 Investigation
100-X-7-.05 Professional Conduct

Proposed New Rule:
Chapter 100-X-8 Certificates of Authorization

BOXING COMMISSION
Proposed New Rules:
Chapter 165-X-1 Definitions
Chapter 165-X-2 Licenses
Chapter 165-X-4 Medical Requirements
Chapter 165-X-7 Officials: Chief Inspector, Corner Inspectors, Referees, Judge, and Timekeepers
Chapter 165-X-8 Conduct of Contest, Match or Exhibition

BUILDING COMMISSION
Proposed Amended Rule:
170-X-2-.01 Adopted Standard Codes

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
220-2-.03 Legal Specifications for Bow and Arrow

Emergency Amended Rule:
220-3-.03 Use of Nets and Harvest of Mullet

Emergency Repealed Rule:
220-3-.03 Use of Nets and Harvest of Mullet

Certified Amended Rules:
220-3-.03 Use of Nets and Harvest of Mullet
220-3-.25 Commercial Taking and Landing of Gulf Reef Fish Species
220-3-.30 Saltwater Fish Creel, Bag, Possession and Size Limits

Certified New Rule:
220-6-.60 Disposal of Trash, Garbage, or Plastics from a Vessel

CONTRACTORS, LICENSING BOARD FOR GENERAL
Certified Amended Rule:
230-X-1-.04 Change in Form of Operation

COUNSELING, BOARD OF EXAMINERS IN
Proposed Amended Rule:
255-X-3-.01 Licensed Professional Counselor (LPC)

Proposed Repealed Rules:
255-X-7-.01 Expiration
255-X-7-.02 Renewal Fee
255-X-7-.03 Continuing Education
255-X-7-.04 Renewal Applications
255-X-7-.05 Renewal Application Deadline
255-X-7-.06 Failure to Pay Renewal Fee
255-X-7-.07 Expired License

Proposed New Rules:
255-X-2-.16 Contact Clock Hours
255-X-2-.17 Continuing Education Unit
255-X-2-.18 Relevant Professional and Continuing Educational Experience
255-X-7-.01 Licensed Professional Counselor (LPC) Renewal

COUNSELING, BOARD OF EXAMINERS IN (cont.)
Proposed New Rule:
255-X-7-.02 Associate Licensed Counselor (ALC) Renewal

COURT REPORTERS, BOARD OF
Proposed Amended Rules:
257-X-3-.03 Temporary Licensure
Chapter 257-X-4 Standards of Professional Conduct
257-X-6-.03 CE Sponsors and Programs
Chapter 257-X-7 Appendix I – Fee Schedule

Certified Amended Rules:
257-X-3-.06 Renewal
Chapter 257-X-7 Appendix I – Fee Schedule

CRIME VICTIMS COMPENSATION COMMISSION
Proposed Repeal Rule:
262-X-12-.01 Domestic Violence Emergency Award

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rules:
270-X-2-.04 Fees for Dental Applicants
270-X-2-.19 Licensure by Credentials
270-X-4-.09 Criteria and Fees for Mobile Dental Facilities or Portable Dental Operations

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-3-2-.03 Approaches to Earning a Professional Educator Certificate
290-3-2-.09 Career and Technical Alternative Baccalaureate-Level Certificate (CT ABC)

Certified New Rules:
290-3-3-.52.01 Teacher Leader
290-3-3-.53.01 Instructional Leadership

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rules:
420-5-11-.01 General
420-5-11-.04 Physical Environment

Proposed New Rule:
Chapter 420-3-29 Renovation Contractor Certification


HEALTH, DEPARTMENT OF PUBLIC (cont.)
Certified Amended Rule:
420-3-26-.06 Radiation Safety Requirements for Users of X-Rays in Healing Arts or Servicers of X-Ray Equipment

HUMAN RESOURCES, DEPARTMENT OF
Certified Amended Rule:
660-1-6-.07 Access to Licensure and Approval Information

INSURANCE, DEPARTMENT OF
Certified Amended Rules:
482-1-112-.07 Description of Actuarial Memorandum Including an Asset Adequacy and Regulatory Asset Adequacy Issues Summary
482-1-115-.03 Definitions
482-1-120-.05 General Calculation Requirements for Basic Reserves and Premium Deficiency Reserves
482-1-139-.04 2001 CSO Preferred Class Structure Table

LIBRARY SERVICE, PUBLIC
Certified Repealed Rules:
Chapter 520-1-1 Administrative Policies
Chapter 520-2-3 Planning Guidelines for Public Library Service
Chapter 520-2-4 STARS: State of Alabama Resource Sharing Program

Certified New Rules:
Chapter 520-1-1 Administrative Policies
Chapter 520-2-3 Planning Guidelines for Public Library Service
Chapter 520-2-4 STARS: State of Alabama Resource Sharing Program

LIQUEFIED PETROLEUM GAS BOARD
Certified Amended Rules:
530-X-2-.01 Purpose
530-X-2-.04 Procedures for Liquefied Petroleum Gas Filling Stations
530-X-2-.05 Procedures for Reporting Incident
530-X-2-.07 Liquefied Petroleum Gas Motor Fuel Carburetion Equipment
530-X-2-.15 Qualifications of Persons Performing Work on Liquefied Gas Systems

Certified Repealed Rule:
530-X-2-.17 Purpose

MEDICAID AGENCY
Proposed Amended Rule:
560-X-16-.06 Reimbursement for Covered Drugs and Services

MEDICAID AGENCY (cont.)
Miscellaneous Notice:
PN 10-08 Amendment to Alabama State Plan for Medical Assistance

Certified Amended Rules:
560-X-7-.03 Inpatient Benefits
560-X-7-.15 Inpatient Non-Covered Services
560-X-7-.16 Utilization Review for Inpatient Hospital Admissions and Concurrent Stays
560-X-7-.17 Outpatient Hospital Services

Certified New Rule:
560-X-7-.13 Adverse Events, Hospital-Acquired Conditions, and Present on Admission Indicators

MEDICAL EQUIPMENT SERVICES PROVIDERS, BOARD OF HOME
Proposed Amended Rule:
473-X-2-.01 Employees; Oath; Meeting; Powers

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rule:
540-X-4-.01 Registration for Alabama Controlled Substances Certificate

Emergency Amended Rule:
540-X-4-.01 Registration for Alabama Controlled Substances Certificate

Certified Amended Rule:
Chapter 540-X-7 Appendix B – Physician Assistant Job Description

MEDICAL LICENSURE COMMISSION
Certified Amended Rules:
Chapter 545-X-2 Appendix A – Application for License to Practice Medicine/ Osteopathy
Chapter 545-X-2 Appendix B – Alabama Medical License Renewal Application
Chapter 545-X-2 Appendix E – Retired Senior Volunteer Program: Application for Renewal of License to Practice Medicine or Osteopathy
545-X-3-.01 Definitions
545-X-3-.03 Initiation of a Contested Case; Notice and Opportunity for Hearing in Contested Cases; Contents of Notice; Procedure Upon Failure of Notified Party to Appear; Presentation of Evidence and Argument; Right to Counsel; Disposition by Stipulation; Settlement; Contents of Record; Public Attendance at Oral Proceedings; Recordings and Transcripts of Oral Proceedings
MEDICAL LICENSURE COMMISSION (cont.)
Certified Amended Rules:
545-X-3-.04 Discovery in Contested Cases
545-X-3-.05 Witnesses/How Subpoenaed and Sworn; Failure to Comply
545-X-3-.06 Intervention in Contested Cases
545-X-3-.08 Conduct of Hearings In Contested Cases; Appointment and Authority of Legal Counsel; Grounds for Suspension or Revocation of License
545-X-3-.10 Form and Content of Final Order; When Final Order to be Rendered; Service of Notice and Copies of Final Order
545-X-3-.15 Applications for Reinstatement of Licenses and Applications for Modification of Orders
Chapter 545-X-5 Continuing Medical Education

NURSING, BOARD OF
Certified Repealed Rules:
610-X-2-.08 Definitions, Disciplinary Action
Chapter 610-X-8 Disciplinary Action

Certified New Rules:
610-X-2-.08 Definitions, Disciplinary Action
Chapter 610-X-8 Disciplinary Action

Sustaining the Disapproval of Rule by the Joint Committee on Administrative Regulation Review:
610-X-14-.04 Fees

OPTOMETRY, BOARD OF
Proposed Amended Rules:
630-X-5-.01 Application for Examination and Licensing
630-X-12-.07 Definition of Invasive Surgery

PERSONNEL BOARD
Sustaining the Disapproval of Rule by the Joint Committee on Administrative Regulation Review:
670-X-18-.01 Layoffs

PHARMACY, BOARD OF
Proposed Amended Rules:
680-X-2-.24 Precursor Drugs
680-X-3-.03 Time and Method of Payment; Renewal and Non-Disciplinary Penalty for Late Renewal of Controlled Substances Permit


PHARMACY, BOARD OF (cont.)
Proposed New Rule:
680-X-2-.40 Non-Disciplinary Penalty for Late Renewal of License or Permit

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-1-.245 Non-Residents Operating Non-Commercial Vehicles into Alabama and Non-Residents Relocating to Alabama
810-6-5-.09.01 Leasing and Rental of Tangible Personal Property
810-7-1-.09 Procedure for Reporting and Payment of County Tobacco Taxes on Cigarettes and Submission of Tobacco Reports
810-8-1-.11 Gasoline Tax Regulation – Stated and Uniform Policy Pertaining to the Exemption of Certain Organizations from State Gasoline Taxes

Proposed New Rule:
810-5-75-.65 Powers of the Department – Appointment, Revocation, and Denial of Authority to Act as Designated Agent of the Department (Manufactured Homes)

Certified Amended Rule:
810-5-1-.451 Prerequisites to Issuance of Apportioned License Plates or Cab Cards

Certified Repealed Rule:
810-5-1-.207 Disabled Veterans – Uses and Transferability of Distinctive Tags

SECRETARY OF STATE
Certified Amended Rule:
Chapter 820-2-6 Procedures for Provisional Voting

SOCIAL WORK EXAMINERS, BOARD OF
Certified Amended Rule:
850-X-4-.03 Disposition of Applications

Certified New Rule:
850-X-7-.03 Inactive Status

MISCELLANEOUS NOTICE

EMERGENCY ADOPTED RULES

CERTIFIED ADOPTED RULES

SUSTAINING THE DISAPPROVAL OF RULE BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW