ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXI, ISSUE NO. 12

SEPTEMBER 30, 2013

DATE OF PUBLICATION

FILINGS BY AGENCY

ATHLETIC COMMISSION
Proposed Repealed Rules:
Chapter 165-X-1 Professional Boxing
Chapter 165-X-2 Professional Mixed Martial Arts
Chapter 165-X-3 Amateur Mixed Martial Arts
Chapter 165-X-4 Medical Requirements
Chapter 165-X-5 Conduct of Promotion
Chapter 165-X-6 Ring and Equipment
Chapter 165-X-7 Officials: Corner Inspectors, Referees, Judges and Timekeepers
Chapter 165-X-8 Officials: Conduct of Contest, Match, or Exhibition
Chapter 165-X-9 Forms
Chapter 165-X-10 Functions of Commission
Chapter 165-X-11 Martial Arts Definition
Chapter 165-X-12 Bout Results
Chapter 165-X-13 Mixed Martial Arts Ring and Equipment
Chapter 165-X-14 Amateur Mixed Martial Arts Standards
Chapter 165-X-15 Amateur Mixed Martial Arts Competition Rules
Chapter 165-X-16 Amateur Mixed Martial Arts Additional Competition Guidelines 94
Chapter 165-X-17 Foul Procedures
Chapter 165-X-18 Injuries Sustained during Competition that will Terminate the Bout
Chapter 165-X-19 Types of Bout Results
Chapter 165-X-20 Licensing for Amateur MMA Sanctioning Organizations
Chapter 165-X-21 Officials Responsibilities
Chapter 165-X-22 Medical Requirements
Chapter 165-X-23 Match Permits
Chapter 165-X-24 Additional Requirements
Chapter 165-X-25 Mixed Martial Arts Licensing Procedures
Appendices Forms

Proposed New Rules:
Chapter 165-X-1 Professional Boxing
Chapter 165-X-2 Professional Mixed Martial Arts
Chapter 165-X-3 Amateur Mixed Martial Arts

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.110 Establishment of Physically Disabled Hunting Areas
220-2-.155 Paddlefish Management Areas and Seasons Established

Emergency Amended Rule:
220-2-.22 Wildlife Management Areas and Sanctuaries Established

Emergency Repealed Rule:
220-2-.114 Normal Agricultural Planting and Hunting of Dove

Emergency New Rule:
220-2-.114 Normal Agricultural Planting and Hunting of Dove

Certified Amended Rules:
220-2-.02 Legal Arms, Ammunition, and Equipment for Hunting
220-2-.08 Hunting of Raccoon, Opossum, Squirrel, Rabbit and Deer During Closed Gun Season
220-2-.30 Fur-Bearing Animals Designated/Trap Specifications/and Prohibited Devices/Tagging Requirement

220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama
220-2-.126 Public Shooting Range Regulation
220-2-.131 Establishment of Youth Turkey Hunting Area
220-2-.142 Turtle Dealer/Farmer Regulation
220-2-.143 Alligator Hunting Season and Regulations
220-2-.146 Game Check System - Deer and Turkey Harvest Record and Reporting Requirement

Certified Repealed Rule:
220-2-.114 Normal Agricultural Planting and Hunting of Dove

Certified New Rule:
220-2-.114 Normal Agricultural Planting and Hunting of Dove

Peremptory Repealed Rules:
220-2-.77 2012-2013 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons
220-2-.125 Special 2012-2013 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2012-2013 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild), Lauderdale County

Peremptory New Rules:
220-2-.01 2013-2014 Hunting Seasons
220-2-.56 2013-2014 Wildlife Management Area Hunting Seasons
220-2-.77 2013-2014 Duck, Coot, Merganser, Goose, and Teal Hunting Seasons
220-2-.125 Special 2013-2014 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2013-2014 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild), Lauderdale County

CRIME VICTIMS’ COMPENSATION COMMISSION
Emergency Amended Rule:
262-X-4-.07 Mental Health Benefits

Certified Amended Rule:
262-X-2-.01 Composition

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rule:
270-X-4-.10 Registration of a 501(c)(3) Dental Clinic

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-2-1-.04 Annual Apportionment of Public School Funds

Certified New Rules:
290-4-1-.02 Educational Intervention
290-4-1-.04 Flexibility for Students in Failing Schools

EDUCATION, COMMISSION ON HIGHER
Proposed Amended Rules:
300-2-1-.02 Review and Approval or Disapproval of Proposed Postsecondary Course Offerings in Alabama by Non-Alabama Institutions

ELECTRONIC SECURITY BOARD OF LICENSURE
Proposed Amended Rules:
304-X-1-.01 Definitions
304-X-1-.02 Licensure Procedures
304-X-1-.03 Fees
304-X-1-.04 Educational Requirements

Proposed New Rule:
304-X-1-.07 Cease and Desist Orders

GEOLOGISTS, BOARD OF LICENSURE FOR PROFESSIONAL
Proposed Amended Rule:
Chapter 364-X-4 Fees

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
Chapter 420-5-1 Abortion or Reproductive Health Centers

Certified Amended Rule:
420-7-1-.03 Certificates and Reports

HEALTH PLANNING AND DEVELOPMENT AGENCY
Certified Amended Rules:
410-1-5-.04 Fees
410-1-7-.04 Notice of Change of Ownership

HISTORICAL COMMISION
Proposed New Rules:
Chapter 460-X-23 Alabama Historic Rehabilitation Tax Credit
Chapter 460-X-24 Fees

HUMAN RESOURCES, DEPARTMENT OF
Proposed New Rule:
660-2-2-.41 Unauthorized Electronic Benefits Transfer (EBT) Transactions

INSURANCE, DEPARTMENT OF
Certified New Rule:
Chapter 482-1-152 Personal Property By-Peril Rating Requirements

LABOR, DEPARTMENT OF
Proposed Amended Rules:
480-4-3-.07 Social Security Number Required for Processing a Claim
480-4-3-.11 Claims for Partial Unemployment
480-4-3-.14 Payment of Benefits to Interstate Claimants
480-8-1-.02 Authority and Definitions

Certified Amended Rule:
480-4-3-.15 Availability for Work

Certified Repealed Rule:
480-4-3-.09 Claims and Registration for Individuals Located in Isolated Areas

LANDSCAPE ARCHITECTS, BOARD OF
Proposed Amended Rules:
500-X-2-.02 Application for Licensure
500-X-2-.03 Application for Examination or Re-Examination
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

MEDICAID AGENCY
Proposed Amended Rules:
560-X-1-.27 Organ Transplants
560-X-5-.10 Inpatient Utilization Review
560-X-14-.06 Family Planning Waiver
560-X-37-.06 Family Planning Waiver
560-X-46-.08 Admission and Periodic Review

Proposed Repealed Rule:
560-X-46-.09 Inspection of Care/Utilization Review

Miscellaneous Notice:
Public Notice Amendment to the Alabama State Plan for Medical Assistance

Certified Amended Rules:
Chapter 560-X-1 General
560-X-23-.02 Definitions and Basic Concepts
560-X-23-.03 Inpatient Medicaid Base Payment
560-X-23-.04 Inpatient Hospital Access Payments
560-X-23-.05 Psychiatric Hospitals
560-X-23-.06 Disproportionate Share Hospital (DSH) Payments
560-X-23-.07 Calculation of Medicaid Prospective Payment Inpatient Rate for Out-of-State Hospitals
560-X-23-.08 Outpatient Services
560-X-23-.10 The CMS 2552-96 Cost Report

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-4-.07 Guidelines 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 Qualified Alabama Controlled Substances Registration Certificate (QACSC) – Appendix B, Application for Renewal of QACSC

Proposed 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

Emergency Amended Rules:
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 Qualified Alabama Controlled Substances Registration Certificate (QACSC) – Appendix B, Application for Renewal of QACSC

Emergency 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

Certified Amended Rules:
Chapter 540-X-12 Appendix A, Qualified Alabama Controlled Substances Certificate, Initial Application Form
Chapter 540-X-12 Appendix B, Qualified Alabama Controlled Substances Certificate, Renewal Application Form

Certified New Rule:
Chapter 540-X-18 Qualified Alabama Controlled Substances Certificate for Certified Registered Nurse Practitioners and Certified Nurse Midwives

NINE-ONE-ONE BOARD
Emergency New Rules:
585-X-1-.04 Definition of Subscriber to that Included in the Statute and Providing for Consideration of Instrumentalities of the State, Counties and Municipalities
585-X-1-.05 Minor Technical Corrections and Implementation Guidance for Determining Active Voice Communication Connections in Alabama Technically Capable of Accessing a 9-1-1 System and Subject to Collection of the Monthly 9-1-1 Service Charge
585-X-1-.06 Requirements for Fee Remittance Submitted by or on Behalf of Voice Communication Service Providers with Attached Forms
585-X-1-.07 Special Transitional Billing Rule for Wireline Service Providers Providing Non-VoIP Services Through Digital Service Platforms and Continuation of Use of Current Remittance Forms for Wireline and Wireless Providers

NURSING BOARD
Proposed Amended Rule:
610-X-4-.14 Fee Schedule

OCCUPATIONAL THERAPY, BOARD OF
Proposed Amended Rule:
625-X-8-.01 Supervision of Licensed Occupational Therapy Assistants

PHARMACY, BOARD OF
Proposed New Rule:
680-X-2-.42 Requirements for Return and Destruction of Drugs by Pharmacies

PLUMBERS AND GAS FITTERS EXAMINING BOARD
Proposed Amended Rules:
720-X-4-.01 Forms, Requirements, and Fee Schedule
720-X-16-.01 Bad Check

PSYCHOLOGY, BOARD OF
Proposed Amended Rules:
750-X-1-.01 Membership
750-X-1-.02 Election of Officers, Terms of Office, and Duties
750-X-1-.03 Filling an Unexpired Term
750-X-2-.01 Candidates for Licensure
750-X-2-.03 Application Form
750-X-2-.07 Internship Training
750-X-2-.08 Licensure of Applicants Licensed to Practice Psychology in Another Jurisdiction
750-X-2A-.03 Application Form
750-X-3A-.01 Rationale
750-X-3A-.08 Failure to Comply with Continuing Education Requirements
750-X-4-.01 License Renewal
750-X-4-.02 Representation to the Public (will be renumbered to 750-X-4-.03)
750-X-5-.03 Disciplinary Actions Against Licensed Psychologists and Licensed Psychological Technicians
750-X-5-.04 Inquiries About Unlicensed Individuals

Proposed New Rules:
750-X-1-.08 Alabama Sunset Law
750-X-4-.02 Inactive Status

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rules:
780-X-6-.02 Qualifying Experience-State Registered Real Property Appraiser
780-X-6-.03 Qualifying Experience-Licensed Real Property Appraiser
780-X-6-.04 Qualifying Experience-Certified Residential Real Property Appraiser
780-X-6-.05 Qualifying Experience-Certified General Real Property Appraiser

REAL ESTATE COMMISSION
Certified Amended Rules:
790-X-1-.06 Prelicense and Post License School Approval and Requirements
790-X-1-.10 Application, Fees and Renewal Requirements for Instructors, Courses, Administrators, and Schools
790-X-1-.12 Continuing Education Course Approval and Requirements
790-X-1-.14 Student Attendance Participation Standards
790-X-1-.15 School and Instructor Advertising Regulations
790-X-1-.17 Disciplinary Actions for Instructors and Schools
790-X-1-.21 Distance Education Courses

Certified New Rule:
790-X-2-.05 Names on Application for Licenses

REVENUE, DEPARTMENT OF
Proposed 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 Public Corporations, and Educational Institutions
810-6-5-.36 Prepaid Wireless 9-1-1 Charge

Proposed Repealed Rules:
810-5-1-.210 Extending the Period for Use of Standard and Distinctive License Plates
810-5-1-.236.01 Extending the Period for Use of God Bless America Distinctive License Plates
810-8-X-.01 Penalty and Delinquency in the Payment of Taxes

Proposed New Rule:
810-4-1-.23 Homestead and Principal Residence Exemptions from Property Tax

Certified Amended Rules:
810-5-8-.09 Identification Numbers
810-8-1-.04 Sales of Motor Fuel in the Bulk Transfer/Terminal System

SECRETARY OF STATE, OFFICE OF THE
Certified New Rules:
Chapter 820-2-8 Fair Campaign Practices Act Filing Regulations
820-2-8-.05 Major Contribution Reports

MISCELLANEOUS NOTICE

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES