ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXIX, ISSUE NO. 11

AUGUST 31, 2021

DATE OF PUBLICATION

FILINGS BY AGENCY

ALCOHOLIC BEVERAGE CONTROL BOARD
Certified Amended Rules:
Chapter 20-X-5 Licensing
Chapter 20-X-6 Operation of Licensed Premises

Certified Repealed Rule:
20-X-7-.08 Alcoholic Beverage Purchases by Communication Services

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-2-.04 Game Birds Designated
220-3-.85 Seafood Aquaculture

Peremptory Amended Rules:
220-2-.110 Establishment of Physically Disabled Hunting Areas
220-2-.140 Special State Park Hunting Seasons
220-2-.143 Alligator Hunting Season and Regulations

DENTAL EXAMINERS, BOARD OF
Proposed Amended Rules:
270-X-3-.01 Examination Rules for Dental Hygienists
270-X-3-.04 Alabama Dental Hygiene Program Requirements

EDUCATION, DEPARTMENT OF
Proposed Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-040-040-.02 Certain Teaching Techniques

Proposed Repealed Rule:
290-2-1-.02 Annual Apportionment of Current Units

Emergency Amended Rule:
290-040-040-.02.01 ER Certain Teaching Techniques

Certified Repealed Rule:
Chapter 290-3-3 Educator Preparation

Certified New Rule:
Chapter 290-3-3 Educator Preparation

ELECTRONIC SECURITY BOARD OF LICENSURE
Certified Amended Rules:
304-X-1-.01 Definitions
304-X-1-.03 Licensure Procedures
304-X-1-.04 Fees
304-X-1-.06 Exemptions
304-X-1-.11 Injunctive Relief and Recoupment of Costs

ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR PROFESSIONAL
Proposed Amended Rules:
330-X-3-.01 Form of Application for Certification and Licensure
330-X-4-.01 Method of Payment
Chapter 330-X-4 Appendix A – Fees
330-X-6-.01 Qualifying Experience
330-X-9-.01 Classification of Licensure
330-X-10-.03 Reissuance of Certificate
330-X-10-.05 Roster Designations
330-X-14-.03 Qualified by Education and/or Experience (Canon II)
330-X-15-.02 Application Procedures
330-X-16-.01 Complaints

FORESTERS, BOARD OF REGISTRATION FOR
Proposed Amended Rule:
380-X-1-.09 Fees

Proposed New Rule:
380-X-1-.10 Board Member Nominations

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Notice:
Public Notice The 2022 State Plan of Program Operations for the Women, Infants and Children Program

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
660-1-1-.02 Inspection and Copies of Non-Confidential Written Material
660-1-6-.05 Child Abuse and Neglect Records

Emergency Amended Rules:
660-1-1-.02 ER Inspection and Copies of Written Material
660-1-6-.05 ER Child Abuse and Neglect Records

INFORMATION TECHNOLOGY, OFFICE OF
Certified New Rule:
Chapter 471-X-1 Organization

INSURANCE, DEPARTMENT OF
Proposed Amended Rule:
Chapter 482-1-164 Pharmacy Benefits Managers

Proposed New Rules:
482-1-138-.20 Captive Insurer Application and License Fees
482-1-161-.08 Adoption of 2022 Version of Valuation Manual
Chapter 482-2-112 Reports of Fires to State Fire Marshal

MEDICAID AGENCY
Certified Amended Rules:
560-X-35-.01 Authority and Purpose
560-X-35-.02 Description of Services
560-X-52-.01 Authority and Purpose
560-X-52-.02 Description of Services

MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-7-.01 Definitions
540-X-7-.03 Requirements to Practice as a Physician Assistant (P.A.)
540-X-7-.06 License Fee – Physician Assistant (P.A.)
540-X-7-.08 Grandfather Clause – Physician Assistant (P.A.)
540-X-7-.15 Registration – Physician Assistant (P.A.)
540-X-7-.16 Qualifications for Registration – Physician Assistant (P.A.)
540-X-7-.17 Qualifications of the Supervising Physician – Physician Assistant (P.A.)
540-X-7-.18 Grounds for Denial of Registration – Physician Assistant (P.A.) and Supervising Physician
540-X-7-.20 Termination of Registration – Voluntary – Physician Assistants (P.A.)
540-X-7-.21 Interim Approval – Physician Assistant (P.A.)
540-X-7-.22 Physician Assistants (P.A.) not Employed by Supervising Physician/Physician not in Full-Time Practice
540-X-7-.23 Requirements for Supervised Practice – Physician Assistants (P.A.)
540-X-7-.24 Covering Physicians for Physician Assistants (P.A.)
540-X-7-.28 Prescriptions and Medication Orders – Physician Assistants (P.A.)
540-X-7-.37 Requirements to Practice as an Anesthesiologist Assistant (A.A.)
540-X-7-.49 Qualifications for Registration – Anesthesiologist Assistant (A.A.)
540-X-7-.51 Grounds for Denial of Registration – Anesthesiologist Assistant (A.A.) and Supervising Anesthesiologists
540-X-7-.53 Termination of Registration – Voluntary – Anesthesiologist Assistants (A.A.)
540-X-7-.54 Interim Approval – Anesthesiologists Assistants (A.A.)
540-X-7-.55 Anesthesiologist Assistants (A.A.) not Employed by Supervising Anesthesiologist/Anesthesiologist not in Full-Time Practice
540-X-7-.57 Covering Anesthesiologists for Anesthesiologist Assistants (A.A.)
540-X-7-.59 Limitations upon Utilization of Anesthesiologist Assistants (A.A.)
Chapter 540-X-7 Appendix A – Application for Registration of Physician Assistant
540-X-9-.10 Joint Guidelines Rules of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management

Proposed New Rule:
540-X-3-.19.1 Denial of Application for Certificate of Qualification – Hearing

Emergency New Rules:
540-X-3-.26 ER Applicants for Emergency Certificate of Qualification by Endorsement
540-X-7-.70 ER Applicants for Emergency License to Practice as a Physician Assistant
540-X-7-.71 ER Applicants for Emergency License to Practice as an Anesthesiologist Assistant

Certified Amended Rule:
540-X-7-.26 Limitations upon Utilization of Physician Assistants (P.A.)

Certified New Rules:
540-X-3-.25 Expedited Certificate of Qualification for Military Members and Spouses
540-X-7-.69 Expedited License for Military Members and Spouses
Chapter 540-X-26 Collaborative Pharmacy Practice

MEDICAL LICENSURE COMMISSION
Proposed Repealed Rule:
545-X-4-.08 Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management

Proposed New Rule:
545-X-2-.08 Temporary Expedited License for Military Members and Spouses
545-X-4-.08 Joint Guidelines of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management

Certified New Rule:
545-X-4-.11 Dishonored Checks

MEDICAL SCHOLARSHIP AWARDS
Proposed Amended Rules:
550-X-1-.01 Creation and Purpose
Chapter 550-X-3 Loans
Chapter 550-X-4 Repayment of Loans
Chapter 550-X-5 Localities in Need of Physicians
550-X-6-.03 Contributions from Localities in Need of Physicians

PHARMACY, BOARD OF
Proposed Amended Rule:
680-X-2-.40 Non-Disciplinary Penalty for Late Renewal of License, Permit, Registration Certification, or any Similar Document Issued

Proposed New Rule:
680-X-2-.47 Off-Site Vaccine Order Entry Processing

Emergency Amended Rules:
680-X-2-.18.01 ER Institutional Pharmacies
680-X-2-.26.01 ER Emergency Prescription Refills
680-X-2-.39.01 ER Pharmacy Off-Site Order Entry

Emergency New Rules:
680-X-2-.04 ER Off-Site Vaccine Order Entry Processing of COVID-19 Vaccinations
680-X-2-.05 ER Temporary Technician Vaccination Expanded Authorization
680-X-2-.06 ER Temporary Pharmacist Practice License

Certified Amended Rules:
680-X-2-.03 Sources of Information
680-X-2-.12 Supervising Pharmacist
680-X-2-.14 The Role of Technicians in Pharmacies in Alabama
680-X-2-.32 Prescriptions by Electronic Means
680-X-2-.35 Fees for Initial Pharmacy Permits, Biennial Permit Renewal, and Transfer of Ownership

Certified Repealed Rule:
680-X-2-.44 Collaborative Practice

Certified New Rules:
680-X-2-.44 Collaborative Practice
680-X-2-.46 Immunization Training

REAL ESTATE COMMISSION
Proposed Amended Rules:
790-X-1-.07 Qualifications for Prelicense and Post License Instructors
790-X-1-.21 Distance Education Courses
790-X-2-.01 Documentation Required for License Issuance

Proposed New Rule:
790-X-1-.23 Misuse of Agency Name, Initials, Logo, or Seal

Certified Amended Rule:
790-X-1-.06 Prelicense and Post License School Approval and Requirements

Certified New Rules:
790-X-1-.22 Prohibition Against Contract Lobbyist
790-X-2-.26 Renewals During Military Deployment

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-75-.42 Dealer Designated Agent Records
810-6-1-.04 Radio and Television Antennas and Television Satellite Dishes
810-6-2-.90.04 Requirements for Certain Marketplace Facilitators and Marketplace Sellers
810-6-3-.37.03 Exemption for Certain Items Furnished to Medicaid Recipients
810-6-5-.02.02 Informational Report for Entities Having a Statutory Exemption from the Payment of Sales, Use, and Lodgings Taxes
810-6-5-.36.01 Sales of Prepaid Wireless Service
810-7-1-.09 Procedure for Reporting and Payment of County Tobacco Taxes on Cigarettes and Submission of Tobacco Reports and Registration Requirements
810-8-6-.01 Determining Gross Value or Market Price of Oil or Gas at the Point of Production

Proposed Repealed Rules:
810-5-1-.215 Vintage Vehicle License Plates
810-5-1-.236 God Bless America Distinctive License Plates
810-6-1-.27 Building Materials
810-6-1-.28 Building Materials Defined
810-6-1-.33 Casual Sales
810-6-1-.183 Used and Secondhand Property
810-8-1-.67 Inspection Fee Floor-Stocks Return
810-9-1-.02 Returns

Proposed New Rules:
810-3-36-.01 Electing Pass-Through Entity Returns
810-4-1-.05 Payment of Ad Valorem Tax using the Fleet Online Registration and Tax (FORT) System
810-4-1-.06 Valuation of Low-Income Housing Tax Credit Multifamily Housing
810-5-1-.200 Fleet Online Registration and Tax (FORT) System
810-5-1-.215 Vintage Vehicle License Plates
810-6-1-.27 Building Materials
810-6-1-.33 Casual Sales
810-9-1-.02 Returns

Certified Amended Rules:
810-3-137-.02 Historic Rehabilitation Tax Credit of 2017 – Availability, Claiming, and Transferability of the Historic Rehabilitation Tax Credit
810-4-1-.17 Assessment Procedures for the Valuation of Public Utility and Railroad Property in the State of Alabama
810-5-1-.212 Undercover License Plates
810-5-1-.233 Federal Heavy Vehicle Use Tax
810-5-75-.40 Requirements for Names and Signatures on Title Applications, Title Assignments, and Motor Vehicle Registrations
810-5-75-.52 Designated Agent Appointments
810-5-75-.60 Revocation of Authority to Act as Designated Agent or Title Service Provider

Certified Repealed Rules:
810-5-1-.216 Redesign and Reissue of Stillman College Distinctive License Plates
810-5-1-.217 License Plate Design Specifications
810-5-12-.06 Buyer’s Identification Cards for Automotive Dismantlers and Parts Recyclers
810-5-75-.65 Appointment, Revocation, and Denial of Authority to Act as a Manufactured Home Designated Agent of the Department
810-6-3-.47.02 Private Schools, Sales to
810-9-1-.01 Definitions
810-9-1-.03 Refund Claims

Certified New Rules:
810-5-1-.202 Government License Plates
810-5-1-.217 License Plate Design Specifications
810-5-12-.06 Buyer’s Identification Cards Sales at Salvage Pools or Salvage Disposal Sales
810-6-3-.47.02 Exemption from Sales and Use Tax for Privately Owned Educational Institutions
810-14-1-.23 Procedures for the Use and Acceptance of Electronic Signatures under the Uniform Electronic Transactions Act (UETA)

SECRETARY OF STATE, OFFICE OF THE
Certified Repealed Rule:
Chapter 820-1-3 Procedures for the Application and Renewal of Concealed Weapon Permits

MISCELLANEOUS NOTICE

EMERGENCY RULES

CERTIFIED ADOPTED RULES

PEREMPTORY RULES

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER SECTION 41-22-22.1