ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXVI, ISSUE NO. 11

AUGUST 31, 2018

DATE OF PUBLICATION

FILINGS BY AGENCY

ACCOUNTANCY, BOARD OF PUBLIC
Certified Amended Rules:
30-X-1-.01 Definitions
30-X-3-.03 Annual Permits
30-X-3-.07 Annual Permits, Annual Registration Fees and Late Penalties
Chapter 30-X-4 Examinations, Qualifications of Candidates, Applications, Passing Grades, Conditioned Subjects, Transfer of Credits, Issuance of Certificates
30-X-5-.01 Applicability

ALCOHOLIC BEVERAGE CONTROL BOARD
Certified Amended Rule:
20-X-6-.01 Licensed Premises

Withdrawal of Rule by Agency:
20-X-6-.01 Licensed Premises

ARCHITECTS, BOARD FOR REGISTRATION OF
Certified Amended Rules:
100-X-2-.02 Registration by Examination
100-X-2-.03 Architectural Experience Program
100-X-2-.05 Registration by NCARB Certificate
100-X-5-.02 Use of the Title “Intern-Architect”
100-X-6-.04 Disciplinary Procedures

CHIROPRACTIC, EXAMINERS, BOARD OF
Proposed New Rule:
190-X-3-.03 Requirements for Certification to Perform Dry Needling

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
220-2-.25 Imported Game Birds, Game Animals, Wildlife and Raw Furs Subject to State Laws
220-2-.55 Wildlife Management Areas, Community Hunting Areas, Public Hunting Areas, and Refuges of Alabama

Proposed Repealed Rule:
220-2-.155 Paddlefish Management Areas and Season Established

Proposed New Rule:
220-2-.160 Definition of Immediate Family

Emergency Amended Rule:
220-2-.25 Imported Game Birds, Game Animals, Wildlife and Raw Furs Subject to State Laws

Certified Amended Rules:
220-2-.17 Organized Field Trials
220-3-.02 Oystering
220-3-.24 Oyster Tags
220-5-.01 Use of Facilities
220-5-.02 Swimming, Fishing and Boating

Certified Repealed Rules:
220-2-.58 Authorized Guide Hunting Service
220-3-.38 Transfer System for Net and Seine Permits
220-3-.79 Saltwater Fishing License Surcharge

Preemptory Amended Rules:
220-2-.125 Special 2018-2019 Hunting Seasons for Certain Forever Wild and State Lands Division Lands
220-2-.127 Special 2018-2019 Hunting Seasons for Blowing Springs Cave Tract (Forever Wild Lands), Lauderdale County
220-2-.140 Special State Park Hunting Seasons

Preemptory Repealed Rule:
220-2-.56 2017-2018 Wildlife Management Area Hunting Seasons

Preemptory New Rule:
220-2-.56 2018-2019 Wildlife Management Area Hunting Seasons

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


DENTAL EXAMINERS, BOARD OF
Proposed Amended Rule:
270-X-2-.20 Reporting of Adverse Occurrences

Certified Amended Rule:
270-X-2-.17 Criteria for On-Site Inspection for the Use of General Anesthesia and Parenteral/Moderate Sedation

Certified New Rule:
270-X-2-.23 Risk and Abuse Mitigation Strategies by Prescribing Dentists

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Certified Repealed Rule:
Chapter 305-1-1 Employment and Training Division

ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR PROFESSIONAL
Proposed Amended Rules:
330-X-1-.01 Purpose
330-X-1-.03 Board Members Compensation
330-X-1-.13 Nominating Guidelines
Chapter 330-X-2 Definitions
Chapter 330-X-3 Application for Certification and Licensure
330-X-4-.01 Methods of Payment
330-X-4-.05 Renewal and Reinstatement Fees
Chapter 330-X-4 Appendix A – Fees
Chapter 330-X-5 Curricula Approved by the Board
330-X-6-.01 Qualifying Experience
Chapter 330-X-8 Examinations
Chapter 330-X-10 Licensure Certification and Use of Retired Title
Chapter 330-X-13 Expirations, Renewals and Continuing Professional Competency
330-X-14-.01 Professional Conduct (Code of Ethics): Preamble
Chapter 330-X-15 Certificate of Authorization
330-X-16-.05 Disciplinary Hearings
330-X-16-.07 Reissuance of Licensure or Certification after Revocation, Surrender, or Suspension
330-X-18-.02 Notice
330-X-18-.05 Emergency Rules

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Certified Amended Rules:
335-3-8-.40 TR NOx Ozone Season Group 2 Trading Program – Applicability
335-3-10-.01 General
335-3-10-.03 Appendices to 40 CFR 60
335-3-11-.01 General
335-3-11-.06 National Emission Standards for Hazardous Air Pollutants for Source Categories
335-3-11-.07 Appendices to 40 CFR 63
335-3-14-.04 Air Permits Authorizing Construction in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)]
335-6-13-.02 Applicability
335-6-13-.03 Definitions
335-6-13-.04 Other Closure Requirements
335-6-13-.06 Financial Assurance Criteria
335-6-13-.07 Allowable Mechanisms for Financial Assurance
335-6-13-.08 Release from Financial Assurance Requirements by the Department

Certified Repealed Rule:
Chapter 335-3-19 Control of Municipal Solid Waste Landfill Gas Emissions

FORESTERS, BOARD OF REGISTRATION FOR
Certified New Rule:
380-X-6-.08 Arrangements for Examination

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
420-3-26-.02 Licensing

Proposed Repealed Rule:
Chapter 420-3-16 Production, Processing, Handling, or Distribution of Milk, Milk Products, and Frozen Desserts

Proposed New Rule:
Chapter 420-3-16 Production, Processing, Handling, or Distribution of Milk, Milk Products, and Frozen Desserts

Miscellaneous Notice:
Public Notice The 2019 State Plan of Program Operations for the Women, Infants and Children Program

Certified Amended Rule:
420-3-22-.05 Water, Plumbing, and Waste

Certified Repealed Rule:
Chapter 420-7-5 Fetal, Infant, and Maternal Mortality Review

Certified New Rule:
Chapter 420-7-5 Fetal, Infant, and Maternal Mortality Review

HEALTH PLANNING AND DEVELOPMENT AGENCY
Miscellaneous Notice:
Public Notice Rule Review Certification 872

HUMAN RESOURCES, BOARD OF
Proposed Amended Rules:
Chapter 660-4-1 Food Assistance Program Scope and Authority
Chapter 660-4-2 Certification of Eligible Households
Chapter 660-4-3 Issuance
Chapter 660-4-4 Food Assistance Overpayments
Chapter 660-4-5 Emergency Food Assistance for Victims of Disasters

Proposed New Rule:
Chapter 660-4-7 Simplified Reporting and Prospective Budgeting

Certified Amended Rules:
660-2-2-.23 Cooperation in Obtaining Child Support
660-2-2-.40 Time Limits
660-5-37-.02 Personnel

Certified Repealed Rules:
Chapter 660-2-2 Appendix A – Attachments
Chapter 660-2-3 Aid to Refugees
Chapter 660-2-5 Medicaid Eligibility

LAW ENFORCEMENT AGENCY
Proposed Repealed Rule:
760-X-1-.24 Hardship Driver License

Proposed New Rules:
760-X-1-.24 Hardship Driver License
Chapter 760-X-3 Sex Offender Registration Information

LIBRARY SERVICE, PUBLIC
Proposed Repealed Rules:
Chapter 520-1-1 Administrative Policies
Chapter 520-2-1 Federal Public Library Programs
Chapter 520-2-2 Supplemental State Aid to Public Libraries
Chapter 520-2-3 Planning Guidelines for Public Library Service
Chapter 520-3-1 Services to State Government and Public Libraries
Chapter 520-4-1 Library Services to Blind and Physically Handicapped Persons

Proposed New Rules:
Chapter 520-1-1 Administrative Policies
Chapter 520-2-1 Federal Public Library Programs
Chapter 520-2-2 Supplemental State Aid to Public Libraries
Chapter 520-2-3 Planning Guidelines for Public Library Service
Chapter 520-3-1 Services to State Government and Public Libraries
Chapter 520-4-1 Library Services to Blind and Physically Handicapped Persons

MANUFACTURED HOUSING COMMISSION
Proposed Amended Rules:
535-X-11-.07 Construction Plan Requirements
535-X-11-.13 Used Manufactured Buildings
535-X-11-.14 Installation of Manufactured Buildings (Modulars)
535-X-12-.07 Inspection of Installation
535-X-12T-.04 Manufactured Housing Units that Shall Not be Transported
535-X-14-.03 Licensing
535-X-14-.04 Training
535-X-17-.04 Administrative Costs

MEDICAID AGENCY
Proposed Amended Rules:
560-X-16-.01 Pharmacy Services - General
560-X-16-.06 Reimbursement for Covered Drugs and Services
560-X-40-.01 Definitions
560-X-40-.02 Eligibility
560-X-40-.03 Description of Covered Services, Limitations, and Exclusions (General)

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

Emergency Amended Rules:
560-X-6-.01 Physician Program - General
560-X-12-.08 Physician Certification and Recertification
560-X-13-.01 Durable Medical Equipment, Supplies, Appliances, Prosthetics, Orthotics and Pedorthics - General

Certified Amended Rules:
560-X-2-.01 Methods for Assuring High Quality Care
560-X-6-.01 Physician Program - General
560-X-12-.08 Physician Certification and Recertification
560-X-13-.01 Durable Medical Equipment, Supplies, Appliances, Prosthetics, Orthotics and Pedorthics - General
560-X-64-.04 Citizens’ Advisory Committee
560-X-64-.13 Conflict of Interest Policy for Directors and Officers of Integrated Care Networks
560-X-64-.15 Fair Hearings of Integrated Care Networks
560-X-64-.18 Sanctions

Certified Repealed Rules:
560-X-64-.05 ICN Quality Assurance Committee
560-X-64-.11 Hazardous Financial Condition and Insolvency

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-8-.06 Authorization for Practice as a Certified Registered Nurse Practitioner
540-X-8-.20 Authorization for Practice as a Certified Nurse Midwife

Certified Amended Rules:
Chapter 540-X-3 Appendix A – Application for Certificate of Qualification to Practice Medicine in Alabama
Chapter 540-X-4 Appendix A – Application for Controlled Substances Registration Certificate
540-X-7-.16 Qualifications for Registration - Physician Assistant (P.A.)
540-X-7-.21 Interim Approval – Physician Assistant (P.A.)
540-X-7-.24 Covering Physicians for Physical Assistants (P.A.)
540-X-7-.31 Forms Requiring a Physician’s Signature – Physician Assistant (P.A.)
540-X-7-.32 Grounds for Termination of Registration – Involuntary – Physician Assistant (P.A.)
Chapter 540-X-7 Appendix A – Application for Registration of Physician Assistant
Chapter 540-X-7 Appendix B – Application for Licensure of Physician Assistant
Chapter 540-X-7 Appendix C – Application for Registration of Anesthesiologist Assistant
Chapter 540-X-7 Appendix D – Application for Licensure of Anesthesiologist Assistant
540-X-10-.12 Registration of Office-Based Surgery/Procedures Physician
Chapter 540-X-10 Appendix D – Office-Based Surgery/Procedures Physician Registration Form
Chapter 540-X-12 Appendix A – Application for Qualified Controlled Substances Registration Certificate for Physician Assistant
Chapter 540-X-12 Appendix C – Application for Additional Qualified Controlled Substances Registration Certificate for Physician Assistant
Chapter 540-X-16 Appendix A – Application for Certificate of Qualification for a Special Purpose License to Practice Medicine or Osteopathy
Chapter 540-X-18 Appendix A – Application for Qualified Controlled Substances Registration Certificate for Certified Registered Nurse Practitioners and Certified Nurse Midwives
Chapter 540-X-18 Appendix C – Application for Additional Qualified Controlled Substances Registration Certificate for Certified Registered Nurse Practitioners and Certified Nurse Midwives
Chapter 540-X-19 Appendix A – Application for Pain Management Registration
Chapter 540-X-20 Appendix A – Application for Limited Purpose Schedule II Permit (LPSP)

MEDICAL LICENSURE COMMISSION
Miscellaneous Notice:
Public Notice Rule Review Certification

Emergency Amended Rule:
Chapter 545-X-2 Appendix B – License Renewal Application

MENTAL HEALTH, DEPARTMENT OF
Proposed Amended Rules:
580-2-9-.03 Mental Illness Program Staff
580-9-44-.02 Personnel

Proposed Repealed Rules:
580-2-9-.04 Consumer Protection
580-2-9-.07 Performance Improvement
580-9-44-.03 Client Rights
580-9-44-.04 Abuse and Neglect
580-9-44-.05 Grievances, Complaints and Appeals
580-9-44-.06 Confidentially and Privacy
580-9-44-.07 Seclusion and Restraint
580-9-44-.08 Child and Adolescent Seclusion and Restraint
580-9-44-.11 Performance Improvement

Proposed New Rule:
Chapter 580-2-20 Program Operation


NINE-ONE-ONE BOARD
Miscellaneous Notice:
Public Notice Rule Review Certification

Certified New Rule:
585-X-4-.10 Statewide 9-1-1 Charge Adjustment for the Rate of Growth in the CPU-U

OPTOMETRY, BOARD OF
Miscellaneous Notice:
Public Notice Rule Review Certification

PERSONNEL BOARD
Proposed Amended Rules:
670-X-8-.02 Salary Rates upon Initial Appointment
670-X-8-.04 Performance Salary Advancements
670-X-8-.05 Salary Rate upon Return to Duty after Resignation

PHARMACY, BOARD OF
Certified Amended Rule:
680-X-2-.19 Parenteral Sterile Therapy

Certified New Rule:
680-X-2-.43 Requirements for Compounding

REAL ESTATE APPRAISERS BOARD
Proposed Amended Rule:
780-X-17-.05 Expired Registration

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-24-.01 Taxability of Partnership Income
810-3-25-.07 Estates and Trusts, Miscellaneous Information
Chapter 810-4-3 Requirements for Assessing and Granting of Abatement of Noneducational Ad Valorem Taxes on Certain Property

Certified Repealed Rules:
Chapter 810-2-1 Corporations
Chapter 810-2-6 Franchise Tax and Securities Recording Forms and Returns

Certified New Rule:
810-14-1-.24 Proper Time to File a Tax Lien

SECRETRY OF STATE, OFFICE OF THE
Proposed Amended Rule:
820-2-4-.05 Petition Requirements

SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, BOARD OF EXAMINERS FOR
Certified New Rule:
870-X-2-.02 Application for Licensure

MISCELLANEOUS NOTICES

CERTIFIED EMERGENCY RULES

CERTIFIED ADOPTED RULES

PREEMEPTORY RULES

WITHDRAWAL OF RULE BY AGENCY

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256