NOVEMBER 27, 2013
FILINGS BY AGENCY
CHIROPRACTIC EXAMINERS, BOARD OF
Proposed Amended Rules:
190-X-2-.17 Non Licensed Chiropractic Practice Ownership
190-X-4-.04 Pre Hearing Discovery
190-X-4-.09 Conflict and Bias
190-X-5-.09 Chiropractic Records Required; Release of Records
Certified Amended Rule:
190-X-3-.02 Chiropractic Physiological Therapeutics
CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified New Rule:
220-2-.155 Paddlefish Management Areas and Seasons Established
COSMETOLOGY AND BARBERING, BOARD OF
Certified Repealed Rules:
Chapter 250-X-1 Administration
Chapter 250-X-2 Licenses
Chapter 250-X-3 Shop Requirements
Chapter 250-X-4 Apprentices
Chapter 250-X-5 Schools
Chapter 250-X-6 Examinations
Certified New Rules:
Chapter 250-X-1 Administration
Chapter 250-X-2 Licenses
Chapter 250-X-3 Shop Requirements
Chapter 250-X-4 Apprentices
Chapter 250-X-5 Schools
Chapter 250-X-6 Examinations
CRIMINAL JUSTICE INFORMATION CENTER
Certified New Rule:
265-X-1-.09 Fee Schedule A
ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Proposed Amended Rules:
305-2-4-.07 Definitions
305-2-4-.08 Commercial Energy Code
305-2-4-.09 Residential Building and Energy Code
EDUCATION, DEPARTMENT OF
Proposed Repealed Rules:
290-3-2-.02 Basic Principles
290-3-2-.03 Professional Educator Certificate and Professional Leadership Certificates
290-3-2-.15 Preliminary Certificate Approach: For Individuals Issued a First Preliminary Certificate Beginning with the 2011-2012 Scholastic Year and Thereafter
290-3-2-.16 Preliminary Certificate Through Exception in Reading Approach
290-3-2-.17 Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and a Test Score
290-3-2-.23 Specialty Area Career and Technical Certificate in a Technical Education Program Area Approach
290-3-2-.24 Specialty Area Career and Technical Certificate in Health Science Approach
290-3-2-.25 Career and Technical Education Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and an Occupational Proficiency Assessment
290-3-2-.26 Career and Technical Education Temporary Certificates (CTE-T)
290-3-2-.28 Junior Reserve Officer Training Corps (JROTC) Certificate Approach
290-3-2-.29 Child Nutrition Program Director Certificate Approach
290-3-2-.30 Interim Certificate
290-3-2-.31 Emergency Certificate
290-3-2-.32 Substitute Teacher License
290-3-2-.33 Renewal Requirements: Continuation or Reinstatement
290-3-2-.35 Certification Forms and Supplements
Proposed New Rules:
290-3-2-.02 Basic Principles
290-3-2-.03 Professional Educator Certificate and Professional Leadership Certificates
290-3-2-.15 Preliminary Certificate Approach: For Individuals Issued a First Preliminary Certificate Beginning with the 2011-2012 Scholastic Year and Thereafter
290-3-2-.16 Preliminary Certificate Through Exception in Educational Administration Approach: For Individuals Issued a First Preliminary Certificate Through Exception in Educational Administration Beginning with the 2014 – 2015 Scholastic Year and Thereafter
290-3-2-.17 Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and a Test Score
290-3-2-.23 Specialty Area Career and Technical Certificate in a Technical Education Program Area Approach
290-3-2-.24 Specialty Area Career and Technical Certificate in Health Science Approach
290-3-2-.25 Career and Technical Education Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and an Occupational Proficiency Assessment
290-3-2-.26 Career and Technical Education Temporary Certificates (CTE-T)
290-3-2-.28 Junior Reserve Officer Training Corps (JROTC) Certificate Approach
290-3-2-.29 Child Nutrition Program Director Certificate Approach
290-3-2-.30 Additional Certification in Driver and Traffic Safety Education
290-3-2-.31 Emergency Certificate
290-3-2-.32 Substitute Teacher License
290-3-2-.33 Renewal Requirements: Continuation or Reinstatement
290-3-2-.35 Certification Forms and Supplements
Emergency Repealed Rules:
290-3-2-.02 Basic Principles
290-3-2-.03 Professional Educator Certificate and Professional Leadership Certificates
290-3-2-.15 Preliminary Certificate Approach: For Individuals Issued a First Preliminary Certificate Beginning with the 2011-2012 Scholastic Year and Thereafter
290-3-2-.16 Preliminary Certificate Through Exception in Reading Approach
290-3-2-.17 Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and a Test Score
290-3-2-.23 Specialty Area Career and Technical Certificate in a Technical Education Program Area Approach
290-3-2-.24 Specialty Area Career and Technical Certificate in Health Science Approach
290-3-2-.25 Career and Technical Education Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and an Occupational Proficiency Assessment
290-3-2-.26 Career and Technical Education Temporary Certificates (CTE-T)
290-3-2-.28 Junior Reserve Officer Training Corps (JROTC) Certificate Approach
290-3-2-.29 Child Nutrition Program Director Certificate Approach
290-3-2-.30 Interim Certificate
290-3-2-.31 Emergency Certificate
290-3-2-.32 Substitute Teacher License
290-3-2-.33 Renewal Requirements: Continuation or Reinstatement
290-3-2-.35 Certification Forms and Supplements
Emergency New Rules:
290-3-2-.02 Basic Principles
290-3-2-.03 Professional Educator Certificate and Professional Leadership Certificates
290-3-2-.15 Preliminary Certificate Approach: For Individuals Issued a First Preliminary Certificate Beginning with the 2011-2012 Scholastic Year and Thereafter
290-3-2-.16 Preliminary Certificate Through Exception in Educational Administration Approach: For Individuals Issued a First Preliminary Certificate Through Exception in Educational Administration Beginning with the 2014 – 2015 Scholastic Year and Thereafter
290-3-2-.17 Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and a Test Score
290-3-2-.23 Specialty Area Career and Technical Certificate in a Technical Education Program Area Approach
290-3-2-.24 Specialty Area Career and Technical Certificate in Health Science Approach
290-3-2-.25 Career and Technical Education Additional Teaching Field Approach Based on a Professional Educator Certificate, Experience, and an Occupational Proficiency Assessment
290-3-2-.26 Career and Technical Education Temporary Certificates (CTE-T)
290-3-2-.28 Junior Reserve Officer Training Corps (JROTC) Certificate Approach
290-3-2-.29 Child Nutrition Program Director Certificate Approach
290-3-2-.30 Additional Certification in Driver and Traffic Safety Education
290-3-2-.31 Emergency Certificate
290-3-2-.32 Substitute Teacher License
290-3-2-.33 Renewal Requirements: Continuation or Reinstatement
290-3-2-.35 Certification Forms and Supplements
EDUCATION, COMMISSION ON HIGHER
Certified Amended Rule:
300-2-1-.02 Review and Approval or Disapproval of Proposed Postsecondary Course Offerings in Alabama by Non-Alabama Institutions
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-3-3-.05 Incineration of Commercial and Industrial Solid Waste
335-6-15-.02 Definitions
335-6-15-.06 Performance Standard for New USTs, Piping, UST Systems, and/or Dispensers
335-6-15-.09 Operation and Maintenance of Spill and Overfill Control, and Containment Systems
335-6-15-.13 Reporting and Recordkeeping
335-6-15-.15 Release Detection Requirements for Petroleum UST Systems
335-6-15-.17 Methods of Release Detection for Tanks
335-6-15-.18 Methods of Release Detection for Piping
335-6-15-.19 Release Detection Recordkeeping
335-6-15-.22 Release Investigation and Confirmation Steps
335-6-15-.27 Free Product Removal
335-6-15-.31 Public Participation
335-6-15-.33 Temporary Closure
335-6-15-.34 Permanent Closure and Changes-in-Service
335-6-15-.45 Delivery Prohibition
335-6-15-.46 Operator Training
335-6-15-.47 Certification Requirements for Individuals Who Supervise Installation, Closure, and Repair of UST Systems
ELECTRONIC SECURITY BOARD OF LICENSURE
Certified Amended Rules:
304-X-1-.01 Definitions
304-X-1-.02 Licensure Procedures
304-X-1-.03 Fees
304-X-1-.04 Educational Requirements
Certified New Rule:
304-X-1-.07 Cease and Desist Orders 100
FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed New Rules:
360-X-19-.13.01 Certified Rescue Technician: Wilderness Rescue I
360-X-19-.13.02 Certified Rescue Technician: Wilderness Rescue II
360-X-26-.01 Certified Honor Guard Member
FORESTERS, BOARD OF REGISTRATION FOR
Certified Amended Rules:
380-X-1-.09 Fees
380-X-5-.01 Procedure for Handling Alleged Violations Regarding the Practice of Forestry without a License
HEALTH, DEPARTMENT OF PUBLIC
Certified Amended Rule:
Chapter 420-5-1 Abortion or Reproductive Health Centers
HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed Amended Rule:
410-2-3-.10 Hospice Services
Proposed New Rule:
410-2-2-.08 Influenza
Certified Amended Rule:
410-2-4-.11 Substance Abuse
HUMAN RESOURCES, DEPARTMENT OF
Certified New Rule:
660-2-2-.41 Unauthorized Electronic Benefits Transfer (EBT) Transactions
LANDSCAPE ARCHITECTS, BOARD OF
Certified Amended Rules:
500-X-2-.02 Application for License
500-X-2-.03 Qualification for Licensure
500-X-2-.04 Examination
500-X-2-.08 Fees – Payment, Receipt
500-X-2-.10 Fees – Amount
500-X-2-.15 Renewals and Expirations
MANUFACTURED HOUSING COMMISSION
Proposed Amended Rules:
535-X-12-.04 Installation of Manufactured Homes or Manufactured Buildings
535-X-12-.05 Reporting Requirements
535-X-12-.08 Penalties and Appeals
535-X-13-.06 Minimum Blocking Standards
535-X-15-.06 Penalties and Appeals
MEDICAID AGENCY
Miscellaneous Notice:
Public Notice Amendment to the Alabama State Plan for Medical Assistance
Certified Amended Rules:
560-X-1-.27 Organ Transplants
560-X-5-.10 Inpatient Utilization Review
560-X-14-.06 Plan First Waiver
560-X-37-.06 Plan First Waiver
560-X-46-.08 Admission and Periodic Review
Certified Repealed Rule:
560-X-46-.09 Inspection of Care/Utilization Review
MEDICAL EQUIPMENT SERVICES PROVIDERS, BOARD OF HOME
Proposed Amended Rules:
473-X-1-.01 Definitions
473-X-8-.01 Renewal of License
MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
540-X-4-.07 Requirements for the Use of Controlled Substances for the Treatment of Pain
Chapter 540-X-4 Appendix A, Application for Alabama Controlled Substances Certificate
540-X-12-.05 Renewal of a Qualified Alabama Controlled Substances Registration Certificate (QACSC)
Chapter 540-X-12 Appendix B, Renewal Application for a Qualified Alabama Controlled Substances Registration Certificate (QACSC)
Certified New Rules:
540-X-4-.03 Renewal of an Alabama Controlled Substances Certificate
Chapter 540-X-4 Appendix B, Application for Renewal of an Alabama Controlled Substances Certificate
Chapter 540-X-19 Standards for Pain Management Services
MEDICAL LICENSURE COMMISSION
Proposed Amended Rules:
545-X-4-.08 Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management
545-X-5-.02 Basic Requirement
NURSING, BOARD OF
Proposed Amended Rule:
610-X-7-.02 Delegation by School Nurses
Certified Amended Rule:
610-X-4-.14 Fee Schedule
OCCUPATIONAL THERAPY, BOARD OF
Certified Amended Rule:
625-X-8-.01 Supervision of Licensed Occupational Therapy Assistants
OPTOMETRIC SCHOLARSHIP AWARDS BOARD
Proposed Amended Rules:
635-X-1-.01 Ex Officio Members
635-X-2-.01 Number of Loans
635-X-2-.02 Amount of Each Loan
635-X-2-.03 Application Procedure
635-X-2-.04 Selection of Recipients of Loans
635-X-6-.01 Number of Merit Scholarships
635-X-6-.02 Amounts of Each Scholarship
635-X-6-.04 Selection of Merit Scholarship Recipients
635-X-7-.03 Annual Payments
635-X-7-.10 Remission of Funds
635-X-10-.01 Breach of Agreement to Repay With Service
PHYSICAL THERAPY, BOARD OF
Proposed Amended Rule:
700-X-3-.02 Unbecoming Conduct/Conduct Detrimental to the Best Interest of the Public Prohibited
PRIVATE INVESTIGATION BOARD
Proposed New Rules:
Chapter 741-X-1 Purpose
Chapter 741-X-2 Definitions
741-X-3-.01 Selection and Composition of the Board
741-X-3-.02 Terms of Office
741-X-3-.03 Officers of the Board
741-X-3-.04 Duties of the Board
741-X-3-.05 Meetings of the Board
741-X-3-.06 Employment of Personnel
741-X-3-.07 Use of Forms
741-X-3-.08 Maintenance and Inspection of Board Records
741-X-3-.09 Rules and Regulations
741-X-3-.10 Petition for Adoption, Amendment or Repeal of a Rule
741-X-3-.11 Declaratory Rulings
741-X-3-.12 Board Member Compensation
741-X-3-.13 Board of Private Investigation Fund
741-X-4-.01 Qualifications of Applicants for Licensure
741-X-4-.02 Licensure by Work Experience
741-X-4-.03 Licensure by Examination
741-X-4-.04 Renewal of License
741-X-4-.05 Reinstatement of a Lapsed License
741-X-4-.06 Change of Name or Address
741-X-4-.07 Lost License
741-X-4-.08 Verification of Alabama License
741-X-4-.09 Fees
741-X-4-.10 Fingerprinting
741-X-4-.11 Exemptions from Licensure
Chapter 741-X-5 Professional Standards of Practice
741-X-6-.01 Definitions
741-X-6-.02 Grounds for Denial of a License
741-X-6-.03 Grounds for Discipline of a License or Denial or Renewal or Reinstatement
741-X-6-.04 Investigation
741-X-6-.05 Board Action Following an Investigation
741-X-6-.06 Administrative Procedure Act
741-X-6-.07 Final Disposition of Contested Cases
741-X-6-.08 Informal Disposition of Contested Cases
741-X-6-.09 Decisions of the Board
741-X-6-.10 Application Following Denial or Licensure
741-X-6-.11 Reinstatement of a Revoked License
741-X-7-.01 Continuing Education
741-X-7-.02 Standards for Continuing Education
741-X-7-.03 Private Investigator Trainers
741-X-7-.04 Certified Training Program
741-X-7-.05 Reporting Requirements and Audit
Appendices I Fee Schedule
Appendices II Forms List
PROSTHETISTS AND ORTHOTISTS, BOARD OF
Certified Amended Rule:
746-X-7-.05 Continuing Professional Education Required
Certified New Rules:
Chapter 746-X-9 Licensure of Therapeutic Shoe Fitters
Chapter 746-X-10 Licensure of Orthotic Fitters
REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-28-.05 Requirements for Electronic Filing Software
810-3-39-.10 Requirements for Electronic Filing Software
810-3-60-.02 Eligibility for Parent Tax Credit for Students Attending a Nonpublic School
810-3-60-.03 Eligibility for Parent Tax Credit for Students Transferring to a Failing Public School
Proposed New Rule:
810-3-29-.05 Requirements for Electronic Filing Software
Certified Amended Rules:
810-6-1-.45 Contractors Furnishing and Erecting Building Materials Under Contract With the United States
810-6-1-.46 Contractor’s Liability
810-6-1-.46.01 Bleacher Systems, Lockers, Backstops, and Other Fixtures Installed in Gymnasiums
810-6-1-.97 Materials Used on Road and Bridge Projects
810-6-1-.133 Pump Installed for a County or Municipality by a Contractor
810-6-3-.32 Historical Preservation Authorities
810-6-3-.77 Exemption for Certain Purchases by Contractors and Subcontractors in Conjunction with Construction Contracts with Certain Governmental Entities
810-6-5-.36 Prepaid Wireless 9-1-1 Charge
Certified Repealed Rule:
810-7-1-.19 State Fees on Hazardous Waste of Hazardous Substances
Certified New Rules:
810-3-60-.04 Calculation of Annual Average Cost of Attendance for a Public K-12 Student
810-6-5-.04.02 Seller’s Responsibility to Collect County and Municipal Sales and Use Taxes