ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXV, ISSUE NO. 12

SEPTEMBER 28, 2007

DATE OF PUBLICATION

TABLE OF CONTENTS

FILINGS BY AGENCY

AGRICULTURAL AND CONSERVATION DEVELOPMENT COMMISSION
Proposed New Rules:
Chapter 75-X-1 General Provisions
Chapter 75-X-2 Administration of Funds
Chapter 75-X-3 Eligibility for Cost-Share Grants
Chapter 75-X-4 Cost-Share Grant Processing Procedures
Chapter 75-X-5 Maintenance of Practices
Chapter 75-X-6 Determining Status of Practices During Transfer of Land Ownership
Chapter 75-X-7 Reporting and Accounting

ALCOHOLIC BEVERAGE CONTROL BOARD
Certified Amended Rule:
20-X-4-.01 Operation of ABC Board State Liquor Stores

ARCHITECTS, BOARD FOR REGISTRATION OF
Proposed New Rule:
100-X-2-.19 Remediation of Unsealed or Improperly Sealed Documents

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-2-.02 Legal Arms, Ammunition, and Methods for Hunting
220-2-.46 Legal Methods and Equipment for the Taking of Commercial or Non-Game Fish
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama
220-2-.92 Nongame Species Regulation
220-2-.110 Establishment of Physically Disabled Hunting Areas
220-2-.119 Special Youth Hunting Day Regulations for Deer, Turkey, and Waterfowl
220-2-.131 Establishment of Youth Turkey Hunting Area

Certified New Rules:
220-2-.146 Antlered Buck and Turkey Harvest Record
220-2-.147 Deer Enclosure Regulation

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF (cont.)
Peremptory Amended Rule:
220-2-.29 Open Trapping Seasons on Fur-Bearers

Peremptory Repealed Rules:
220-2-.77 2006-2007 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons
220-2-.107 Special 2006-2007 Hunting Seasons for Redstone Arsenal and Fort Rucker

Peremptory New Rules:
220-2-.01 2007-2008 Hunting Seasons
220-2-.56 2007-2008 Wildlife Management Area Hunting Seasons
220-2-.77 2007-2008 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons
220-2-.107 Special 2007-2008 Hunting Seasons for Redstone Arsenal and Fort Rucker
220-2-.148 Special Creel/Size Limit at Tuskegee City Lake

CORRECTIONS, DEPARTMENT OF
Proposed New Rule:
240-X-3-.01 Community Corrections Program

CRIME VICTIMS COMPENSATION COMMISSION
Proposed Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

Emergency Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

Certified Amended Rule:
262-X-4-.03 Contribution to Offense

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-2-1-.01 Annual Apportionment of Foundation Program Funds
290-2-1-.02 Annual Apportionment of Current Units
290-2-1-.04 Annual Apportionment of Public School Fund
290-2-1-.05 Annual Apportionment of At-Risk Funds
290-2-4-.06 Local Mechanic Certification
290-3-1-.02 Regulations Governing Public Schools

EDUCATION, COMMISSION ON HIGHER
Certified New Rule:
300-2-3-.04 Policy on Distance Education

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-1-.07 Departmental Forms, Instructions, and Procedures
335-1-6-.04 Permit Application Fees
335-1-6-.07 Payment of Fees
335-7-1-.01 Definitions
335-7-1-.02 Applicability
335-7-1-.04 Variance Application
335-7-2-.03 Inorganic Chemical Standards and Monitoring Requirements
335-7-2-.04 Synthetic Organic Chemical Standards and Monitoring Requirements
335-7-2-.06 Turbidity Standards and Monitoring Requirements
335-7-2-.07 Microbiological Standards and Monitoring Requirements
335-7-2-.08 Radionuclide Standards and Monitoring Requirements
335-7-2-.09 Maximum Residual Disinfectant Levels and Monitoring Requirements
335-7-2-.10 Special Monitoring and Analytical Requirements for Unregulated Contaminants
335-7-2-.18 Monitoring Requirements of Consecutive Systems
335-7-2-.19 Monitoring Waiver Criteria
335-7-2-.20 Reporting Requirements
335-7-2-.21 Public Notification
335-7-4-.01 Applicability
335-7-4-.08 Revocation of a Water Supply Permit
335-7-4-.11 Consecutive Water System Requirements
335-7-4-.12 Segmental Water System Requirements
335-7-6-.01 Definitions
335-7-6-.03 Source Selection Report
335-7-6-.07 Alternative Treatment Processes
335-7-6-.08 Membrane Filtration
335-7-6-.09 High Rate Filtration Requirements
335-7-6-.11 Disinfection Profiling and Benchmarking
335-7-6-.14 Enhanced Coagulation
335-7-7-.01 Applicability
335-7-7-.02 Permit Requirements
335-7-7-.03 Distribution Facilities Design and Construction Requirements
335-7-7-.04 Water Storage Tank Maintenance
335-7-9-.01 Applicability
335-7-9-.03 Protection Required
335-7-10-.01 Applicability
335-7-10-.03 Water Quality Control Tests
335-7-10-.04 Disinfectant Residual Requirements
335-7-10-.05 Records
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Proposed Amended Rules:
335-7-10-.06 Reports
335-7-11-.04 Initial Monitoring to Establish Action Levels
335-7-11-.09 Invalidation of Lead or Copper Tap Water Samples
335-7-11-.10 Monitoring Waivers
335-7-11-.11 Action Level Non-Compliance
335-7-11-.12 Corrosion Control Treatment Requirements
335-7-11-.14 Corrosion Control Parameter Monitoring Requirements
335-7-11-.16 Lead Service Line Replacement
335-7-11-.17 Public Education Requirement
335-7-14-.02 Definitions
335-7-14-.04 Content of Reports
335-7-14-.05 Required Additional Health Information
335-7-14-.06 Report Delivery and Recordkeeping
335-7-15-.02 Definitions
335-7-15-.03 Source Water Assessment Program for a Groundwater Source
335-7-15-.04 SWAA Delineation for a Groundwater Community Water Source
335-7-15-.07 Contaminant Inventory Development for a Groundwater Source
335-7-15-.09 Observation Wells
335-7-15-.11 Source Water Assessment for a Surface Source
335-7-15-.15 Contingency Plans for a Surface Source
335-7-15-.16 Public Awareness
Division 335-7 Appendix A – Standard List of Primary Drinking Water Contaminant
Division 335-7 Appendix B – Regulated Contaminants
Division 335-7 Appendix D – Required Language for Specific Contaminants

Proposed Repealed Rule:
Division 335-7 Appendix C – Health Effect Language

Proposed New Rules:
335-7-2-.05 Volatile Synthetic Organic Chemicals Standards and Monitoring Requirements
335-7-2-.11 Stage 1 Disinfection Byproducts
335-7-2-.12 Stage 2 Disinfection Byproducts
335-7-2-.13 Distribution System Evaluation
335-7-2-.14 Standard Monitoring Plan
335-7-2-.15 System Specific Study
335-7-2-.16 Operational Evaluation Level
335-7-2-.17 Cryptosporidium Monitoring and Compliance
335-7-6-.19 Cryptosporidium Treatment Requirements
ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF (cont.)
Proposed New Rules:
335-7-6-.20 Cryptosporidium Treatment Requirement Schedule
335-7-6-.21 Microbial Toolbox Options
335-7-6-.22 Source Toolbox Components
335-7-6-.23 Pre-Filtration Treatment Toolbox Components
335-7-6-.24 Treatment Performance Toolbox Component
335-7-6-.25 Additional Filtration Toolbox Components
335-7-6-.26 Inactivation Toolbox Components

FORESTRY COMMISSION
Emergency Repealed Rule:
390-X-8-.02 Declaration of Emergency Drought Condition

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rules:
420-5-5-.01 General
420-5-5-.03 Patient Care
420-7-2-.13 Prescription Drug Monitoring Program Access to Database

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
660-5-26-.03 Facilities
660-5-26-.04 Child Care Program
660-5-26-.06 Staff
660-5-26-.09 Nighttime Centers
660-5-27-.04 The Home
660-5-27-.05 Licensee and Members of the Household
660-5-27-.07 Administration

Proposed New Rule:
Chapter 660-5-36 Indian Child Welfare Act (ICWA)

Certified Amended Rule:
660-5-46-.03 Definitions

INSURANCE, DEPARTMENT OF
Certified Amended Rule:
482-1-110-.04 Renewal of Licenses

Certified New Rule:
Chapter 482-1-140 Military Sales Practices

MANUFACTURED HOUSING COMMISSION
Proposed Amended Rule:
535-X-11-.02 Definitions
MANUFACTURED HOUSING COMMISSION (cont.)
Proposed Amended Rules:
535-X-11-.07 Construction Plan Requirements
535-X-12-.02 Definitions
535-X-12-.03 Certification
535-X-12-.04 Installation of Manufactured Homes or Manufactured Buildings
535-X-13-.04 Site Preparation
535-X-13-.07 Minimum Anchoring Standards

MEDICAID AGENCY
Proposed Amended Rules:
560-X-16-.06 Reimbursement of Covered Drugs
560-X-57-.04 Home and Community-Based Services for the State of Alabama Independent Living (SAIL) Waiver-Covered Services

Proposed New Rule:
560-X-16-.31 Hemophilia Management Standards of Care

Miscellaneous Notice:
PN-07-04 Amendment to Alabama State Plan for Medical Assistance

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-3-.06 Additional Requirements for Examination for Certain Applicants
540-X-3-.17 Appeal from Denial of Application for Certificate of Qualification (Renumbering to Rule 540-X-3-.19)
540-X-3-.19 Grounds for Denial of a Certificate of Qualification (Renumbering to Rule 540-X-3-.17)
Chapter 540-X-4 Appendix A – Application for Controlled Substance Registration Certificate
540-X-5-.03 Revocation or Suspension of an Alabama Controlled Substances Certificate Registration – Grounds and Procedures Generally
540-X-5-.06 Conduct of Investigations by the Board of Medical Examiners (Renumbering to Rule 540-X-5-.09)
540-X-8-.04 Qualifications for Physicians in Collaborative Practice with Certified Registered Nurse Practitioners
540-X-8-.18 Qualifications for Physicians in Collaborative Practice with Certified Nurse Midwives

Proposed Repealed Rule:
540-X-3-.18 New Certificate of Qualification Where License Lost or Name Changed
MEDICAL EXAMINERS, BOARD OF (cont.)
Proposed Repealed Rule:
540-X-5-.05 The Processing of Appeals from Decisions of the Board of Medical Examiners to the Medical Licensure Commission

Proposed New Rules:
540-X-1-.16 Fees Associated with Collaborative Practices
Chapter 540-X-1 Appendix A – Collaborative Practice Registration
540-X-3-.18 Non-Disciplinary Citation with Administrative Fine
540-X-5-.05 Reinstatement of Certificate of Qualification – Procedure and Hearings
540-X-5-.06 Application for Removal of a Voluntary Restriction on Certificate of Qualification – Hearings
540-X-5-.07 Application for Reinstatement of Certificate of Qualification and Application for Removal of Voluntary Restriction on Certificate of Qualification: The Processing of Appeals from Decisions of the Board of Medical Examiners to the Medical Licensure Commission
540-X-5-.08 Denial of an Application for Initial Certificate of Qualification – Appeal to the Medical Licensure Commission

Emergency Amended Rules:
540-X-3-.06 Additional Requirements for Examination for Certain Applicants
540-X-3-.17 Appeal from Denial of Application for Certificate of Qualification
540-X-3-.19 Grounds for Denial of a Certificate of Qualification
Chapter 540-X-4 Appendix A – Application for Controlled Substance Registration Certificate
540-X-5-.03 Revocation or Suspension of an Alabama Controlled Substances Certificate Registration – Grounds and Procedures Generally
540-X-5-.06 Conduct of Investigations by the Board of Medical Examiners
540-X-8-.04 Qualifications for Physicians in Collaborative Practice with Certified Registered Nurse Practitioners
540-X-8-.18 Qualifications for Physicians in Collaborative Practice with Certified Nurse Midwives

Emergency Repealed Rules:
540-X-3-.18 New Certificate of Qualification Where License Lost or Name Changed
540-X-5-.05 The Processing of Appeals from Decisions of the Board of Medical Examiners to the Medical Licensure Commission

MEDICAL EXAMINERS, BOARD OF (cont.)
Emergency New Rules:
540-X-1-.16 Fees Associated with Collaborative Practices
Chapter 540-X-1 Appendix A – Collaborative Practice Registration
540-X-3-.18 Non-Disciplinary Citation with Administrative Fine
540-X-5-.05 Reinstatement of Certificate of Qualification – Procedure and Hearings
540-X-5-.06 Application for Removal of a Voluntary Restriction on Certificate of Qualification – Hearings
540-X-5-.07 Application for Reinstatement of Certificate of Qualification and Application for Removal of Voluntary Restriction on Certificate of Qualification: The Processing of Appeals from Decisions of the Board of Medical Examiners to the Medical Licensure Commission
540-X-5-.08 Denial of an Application for Initial Certificate of Qualification – Appeal to the Medical Licensure Commission

Certified Amended Rule:
540-X-3-.14 Certificate of Qualification Issued without Examination Requirements

MEDICAL LICENSURE COMMISSION
Proposed Amended Rules:
545-X-2-.03 Certificate of Registration
Chapter 545-X-2 Appendix B – Alabama Medical License Renewal Application
Chapter 545-X-2 Appendix C - Application for Reinstatement
545-X-3-.08 Conduct of Hearings in Contested Cases; Appointment and Authority of Hearing Officer; Grounds for Suspension or Revocation of License
545-X-4-.01 Rules for Processing Appeals to the Medical Licensure Commission

Proposed Repealed Rule:
545-X-2-.05 New Certificate of Qualification

Proposed New Rule:
545-X-2-.05 Replacement/New License Certificate

Emergency Amended Rules:
545-X-2-.03 Certificate of Registration
Chapter 545-X-2 Appendix B – Alabama Medical License Renewal Application
Chapter 545-X-2 Appendix C – Application for Reinstatement


MEDICAL LICENSURE COMMISSION (cont.)
Emergency Amended Rules:
545-X-3-.08 Conduct of Hearings in Contested Cases; Appointment and Authority of Hearing Officer; Grounds for Suspension or Revocation of License
545-X-4-.01 Rules for Processing Appeals to the Medical Licensure Commission

Emergency Repealed Rule:
545-X-2-.05 New Certificate of Qualification

Emergency New Rule:
545-X-2-.05 Replacement/New License Certificate

MENTAL HEALTH AND MENTAL RETARDATION, DEPARTMENT OF
Certified New Rule:
580-9-46-.01 General Medical and Pharmacy

NURSING, BOARD OF
Proposed Amended Rules:
610-X-2-.04 Definitions, Licensure
Chapter 610-X-4 Licensure

Certified Amended Rules:
610-X-2-.03 Definitions, Nursing Education Programs
Chapter 610-X-3 Nursing Education Programs

OIL AND GAS BOARD
Certified Amended Rule:
400-3-8-.03 Hydraulic Fracturing of Coal Beds

PHARMACY, BOARD OF
Proposed Amended Rules:
680-X-2-.12 Supervising Pharmacist
680-X-2-.37 Continuing Education for Pharmacy Technicians

PLUMBERS AND GAS FITTERS EXAMINING BOARD
Proposed Amended Rules:
720-X-4-.01 Fees
720-X-11-.01 Work Permitted by Apprentice Plumber/Gas Fitters

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-6-1-.119 Photographs, Photostats, Blueprints, etc.
810-6-1-.125 Places of Amusement or Entertainment
810-14-1-.30 Penalty for Failure to Timely Pay Tax

REVENUE, DEPARTMENT OF (cont.)
Proposed Repealed Rule:
810-6-1-.122 Photograph Tinting

SOIL AND WATER CONSERVATION COMMITTEE
Proposed New Rule:
Chapter 860-X 1 Applications, Examinations and Fees

MISCELLANEOUS NOTICE

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES

ORDER FORM

2007 PUBLICATION SCHEDULE