ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXV, ISSUE NO. 10

JULY 31, 2017

DATE OF PUBLICATION

FILINGS BY AGENCY

COMMERCE, DEPATMENT OF
Certified Amended Rules:
281-6-1-.05 Allocations of Port Credits
281-6-1-.07 Port Credits Awarded by Project Agreement

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
220-2-.138 Licensed Game Breeders

Certified Amended Rule:
220-4-.09 Placement and Configuration of Piers and Other Improvements on State Submerged Lands

COSMETOLOGY AND BARBERING, BOARD OF
Certified Amended Rules:
250-X-3-.02 Products Sanitation and Care
250-X-4-.01 Requirements
250-X-4-.02 Apprentice Permits
250-X-4-.03 Apprentice Curricula
250-X-5-.06 General Rules for Schools

COUNSELING, BOARD OF EXAMINERS IN
Certified Amended Rules:
255-X-1-.08 Finances
255-X-2-.02 Licensed Professional Counselor
255-X-2-.03 Associate Licensed Counselor
255-X-5-.01 General

Certified New Rules:
255-X-1-.10 Military Exceptions
255-X-2-.22 Active Duty Military


CRIME VICTIMS’ COMPENSATION COMMISSION
Certified Amended Rules:
262-X-1-.01 General Information and Definitions
262-X-4-.01 Filing of Claims
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment

ECONOMIC AND COMMUNITY AFFAIRS, DEPARTMENT OF
Certified Repealed Rule:
Chapter 305-6-1 ADECA Audit Policy

EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-3-2-.35 Early Childhood Development Approach
290-3-3-.04.01 Pre-Kindergarten (Pre-K) Education

ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR PROFESSIONAL
Proposed Amended Rules:
330-X-13-.02 Continuing Professional Competency

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-1-1-.03 Organization and Duties of the Commission
335-1-1-.04 Organization of the Department
335-3-3-.05 Incineration of Commercial and Industrial Solid Waste
335-6-15-.02 Definitions
335-6-15-.03 Applicability
335-6-15-.04 Installation Requirements for Partially Excluded Systems
335-6-15-.05 Notification Requirements
335-6-15-.06 Performance Standards for New UST Systems and Dispensers
335-6-15-.07 Upgrading of Existing UST Systems
335-6-15-.08 Plans and Specifications
335-6-15-.09 Operation, Maintenance, and Testing or Inspection of Spill and Overfill Prevention Equipment and Containment Systems; and Walkthrough Inspections
335-6-15-.10 Operation and Maintenance of Corrosion Protection
335-6-15-.11 Compatibility
335-6-15-.12 Repairs Allowed
335-6-15-.13 Reporting and Recordkeeping
335-6-15-.14 General Release Detection Requirements for All UST Systems
335-6-15-.15 Release Detection Requirements for Petroleum UST Systems
335-6-15-.16 Release Detection Requirements for Hazardous Substance UST Systems
335-6-15-.17 Methods of Release Detection for Underground Storage Tanks
335-6-15-.18 Methods of Release Detection for Underground Piping
335-6-15-.19 Release Detection Recordkeeping
335-6-15-.20 Reporting of Suspected Releases
335-6-15-.22 Release Investigation and Confirmation Steps
335-6-15-.24 Initial Release Response
335-6-15-.25 Initial Abatement Measures and Preliminary Investigation
335-6-15-.26 Preliminary Investigation Requirements
335-6-15-.27 Free Product Removal
335-6-15-.28 Secondary Investigation Requirements
335-6-15-.29 Corrective Action Plan
335-6-15-.30 Corrective Action Requirements
335-6-15-.31 Public Participation
335-6-15-.32 Analytical Requirements
335-6-15-.33 Temporary Closure
335-6-15-.35 Site Closure or Change-in-Service Assessment
335-6-15-.37 Closure Records
335-6-15-.39 Availability to Public of Records, Reports or Information
335-6-15-.42 Underground Storage Tank Regulation Fee
335-6-15-.43 Financial Responsibility for Petroleum UST Owners and Operators
335-6-15-.45 Delivery Prohibition
335-6-15-.46 Operator Training
335-6-15-.47 Certification Requirements for Individuals Who Supervises Installation, Closure, and Repair of UST Systems
335-6-15-.48 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems
335-6-15-.49 Severability

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Certified Amended Rules:
360-X-2-.01 Certified Volunteer Fire Fighter
360-X-3-.01 Certified Fire Instructor I
360-X-9-.03 Certified Hazardous Materials Technician
360-X-9-.04 Certified Hazardous Materials Incident Commander
360-X-10-.01 Certified Public Safety Telecommunicator I
360-X-17-.02 Certified Plans Examiner II
360-X-19-.07 Certified Rescue Technician: Dive Rescue

FUNERAL SERVICES. BOARD OF
Proposed Amended Rules:
395-X-1-.01 Organization
395-X-1-.02 Nomination and Appointment
395-X-1-.03 Meetings
395-X-1-.04 Board Staff
395-X-2-.01 Application for License
395-X-2-.02 Renewal of License
395-X-2-.03 Fees
395-X-2-.04 Display of Licenses
395-X-2-.05 State Laws, Rules, Regulation (LRR) Examination
395-X-2-.07 Continuing Education
395-X-3-.01 Apprentice Funeral Director
395-X-3-.02 Apprentice Embalmer
395-X-3-.03 Apprentice Supervision
395-X-6-.06 Embalming Records
395-X-6-.07 Identification of Dead Human Bodies
395-X-6-.15 Inspection Penalties

Proposed New Rules:
395-X-2-.08 Crematory Operator Training Course
395-X-4-.04 Managing Funeral Director
395-X-4-.05 Business Cards
395-X-4-.06 Records
395-X-6-.09 Crematory
395-X-6-.10 Crematory Holding Room
395-X-6-.11 Refrigeration Unit
395-X-6-.12 Combustible Crematory Container
395-X-6-.13 Internal Identification System
395-X-6-.14 Cremation Records

HEALTH, DEPARTMENT OF PUBLIC
Miscellaneous Filing:
Chapter 420-7-2 Appendix A - Controlled Substances List

HEARING INSTRUMENT DEALERS, BOARD OF
Proposed Amended Rule:
445-X-1-.03 Licensing and Administration

HUMAN RESOURCES, DEPARTMENT OF
Proposed Amended Rule:
660-3-19-.02 Requirements for Review and Adjustment

Certified Amended Rule:
660-3-3-.01 Eligibility for Services


MEDICAID AGENCY
Proposed Amended Rule:
560-X-11-.14 EPSDT Referred Service Providers

Proposed New Rule:
560-X-64-.12 Probationary Certification of Organizations Seeking to Become Integrated Care Networks

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

Certified Amended Rules:
560-X-5-.02 Participation
560-X-35-.01 Authority and Purpose
560-X-35-.02 Description of Services
560-X-35-.03 Eligibility
560-X-35-.04 Characteristics of Persons Requiring ICF/IID Care
560-X-35-.05 Qualifications of Staff Who Will Serve as Review Team for Medical Assistance
560-X-35-.07 Individual Assessments
560-X-35-.08 Informing Beneficiaries of Choice
560-X-35-.15 Application Process
560-X-52-.01 Authority and Purpose
560-X-52-.02 Description of Services
560-X-52-.03 Eligibility
560-X-52-.05 Qualifications of Staff Who Will Serve as Review Team for Medical Assistance

MEDICAL EXAMINERS, BOARD OF
Certified Repealed Rules:
Chapter 540-X-1 Appendix B – Collaborative Practice Registration Renewal Application
Chapter 540-X-4 Appendix B – Alabama Controlled Substances Certificate Renewal Application
Chapter 540-X-7 Appendix I – Physician Assistant/Anesthesiologist Assistant License Renewal Application
Chapter 540-X-12 Appendix B - Qualified Alabama Controlled Substances Certificate Renewal Application for Physician Assistants
Chapter 540-X-18 Appendix B – Qualified Alabama Controlled Substances Certificate Renewal Application for Certified Registered Nurse Practitioners and Certified Nurse Midwives
Chapter 540-X-19 Appendix B – Alabama Pain Management Registration Renewal Application

Certified New Rules:
Chapter 540-X-1 Appendix B – Collaborative Practice Registration Renewal Application
Chapter 540-X-4 Appendix B – Alabama Controlled Substances Certificate Renewal Application
Chapter 540-X-7 Appendix I – Physician Assistant/Anesthesiologist Assistant License Renewal Application
Chapter 540-X-12 Appendix B – Qualified Alabama Controlled Substances Certificate Renewal Application for Physician Assistants
Chapter 540-X-18 Appendix B –Qualified Alabama Controlled Substances Certificate Renewal Application for Certified Registered Nurse
Chapter 540-X-19 Appendix B – Alabama Pain Management Registration Renewal Application

NURSING, BOARD OF
Proposed Amended Rule:
610-X-12-.03 Loan Conditions

Certified Amended Rules:
610-X-7-.02 Delegation by School Nurses
610-X-7-.03 State of Alabama Independent Living (SAIL) Program
610-X-7-.04 Registered Nurse as Surgical First Assistant (RNFA)
610-X-7-.06 Alabama Department of Mental Health Residential Community Programs

NURSING HOME ADMINISTRATORS, BOARD OF EXAMINERS OF
Certified Amended Rules:
Appendix A Form 10 – AIT Program Outline – 1000 Hour Program
Appendix A Form 11 – AIT Program Outline – 2000 Hour Program
Appendix A Form 12 – Certification of Program Completion – 1000 Hour Program
Appendix A Form 13 – Certification of Program Completion – 2000 Hour Program
Appendix A Form 18 – AIT Program Outline – 200 Hour Program
Appendix A Form 19 – Certification of Program Completion – 200 Hour Program
Appendix A Form 20 – AIT Program Outline – 500 Hour Program
Appendix A Form 21 – Certification of Program Completion – 500 Hour Program


PEACE OFFICERS STANDADS AND TRAINING COMMISSION
Proposed Amended Rule:
Chapter 650-X-12 Continuing Education Requirements

Emergency Amended Rule:
Chapter 650-X-12 Continuing Education Requirements

PROSTHETISTS AND ORTHOTISTS, BOARD OF
Proposed Amended Rule:
746-X-6-.03 Accreditation Fees

PUBLIC SERVICE COMMISSION
Rules Filed For Inclusion in the Alabama Administrative Code:
770-X-7-.13 Abandoned or Inactive Gas Service Lines
770-X-7-.14 Recommended Fines for Probable Violations

REAL ESTATE COMMISSION
Certified Amended Rule:
790-X-1-.03 License Requirements

RESPIRATORY THERAPY, BOARD OF
Certified Amended Rules:
Chapter 798-X-2 Definitions
Chapter 798-X-8 Continuing Education for Licensure
Appendices I Fee Schedule
Appendices II Forms List

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-1-.219 Design, Placement and Proper Use of Validation Decals
810-5-12-.03 Motor Vehicle Bond Claim
810-8-5-.03 Fee for Costs Incurred in Providing Copies of Privilege Records
810-9-1-.02 Returns
810-9-1-.03 Refund Claims

Proposed Repealed Rules:
810-3-8-.13 Recognition of Gain by Target Corporations
810-3-8-.14 Taxability of Corporation on Distribution
810-3-8-.16 Gain or Loss Recognized on Property in Complete Liquidation
810-3-35.1-.02 Carryforward of Net Operating Losses for Corporations Apportioning and Allocating Income

810-8-5-.12 Buyer’s Identification Cards for Automotive Dismantlers and Parts Recyclers

SECRETARY OF STATE, OFFICE OF THE
Proposed Amended Rule:
820-2-2-.12 Processing Voter Registration Forms

SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, BOARD OF EXAMINERS FOR
Proposed Amended Rule:
870-X-2-.05 Clinical Fellowship Registration or Fourth-Year Internship and Requirements

MISCELLANEOUS FILING

MISECLLANEOUS NOTICES

EMERGENCY RULE

CERTIFIED ADOPTED RULES

RULES FILED FOR INCLUSION IN THE ALABAMA ADMINISTRATIVE CODE BY THE ALABAMA PUBLIC SERVICE COMMISSION

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256