ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XL, ISSUE NO. 6

MARCH 31, 2022

DATE OF PUBLICATION

FILINGS BY AGENCY

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed Amended Rules:
220-4-.09 Placement and Configuration of Piers and Other Improvements on State Submerged Lands
220-5-.16 Possession or Consumption of Alcoholic Beverages at Certain State Park Areas

Proposed New Rule:
220-2-.167 Chronic Wasting Disease Management Zone Rule

Emergency New Rule:
220-2-.167.229 ER Suspension of Baiting Privileges and Supplemental Feeding of Wildlife within the Chronic Wasting Disease Management Zone

Certified New Rules:
220-1-5-.01 Purpose
220-1-5-.02 Definitions
220-1-5-.03 Grant Application Requirements
220-1-5-.04 Disbursement of Funds
220-1-5-.05 Grant Recordkeeping
220-1-5-.06 Specific Grant Requirements
220-1-5-.07 Eligibility Requirements
220-1-5-.08 Grant Award Criteria

EDUCATION, DEPARTMENT OF
Proposed Amended Rule:
Chapter 290-4-5 Student Health Services

ELECTRONIC SECURITY BOARD OF LICENSURE
Proposed Amended Rules:
304-X-1-.01 Definitions
304-X-1-.03 Licensure Procedures
304-X-1-.04 Fees
304-X-1-.05 Educational Requirements
304-X-1-.06 Exemptions
304-X-1-.07 Code of Ethics
304-X-1-.08 Administrative Complaints
304-X-1-.11 Injunctive Relief and Recoupment of Costs

FINANCE, DEPARTMENT OF
Proposed Repealed Rule:
Chapter 355-4-1 Division of Purchasing

Proposed New Rules:
Chapter 355-4-1 Office of the Chief Procurement Officer
Chapter 355-4-2 Purchasing Card; Delegation
Chapter 355-4-3 Methods of Procurement
Chapter 355-4-4 Specifications
Chapter 355-4-6 Authority to Resolve Protests; Debarment and Suspension; Authority to Resolve Contract Controversies

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
Chapter 420-7-2 Appendix - Controlled Substances List

Certified Amended Rules:
420-5-4-.06 Care of Residents
420-5-4-.07 Food Service
420-5-7-.14 Food Dietetic Services
420-5-10-.12 Dietary Services
420-5-17-.14 Physician Services
420-5-20-.06 Care of Residents
420-5-20-.07 Food Service

HEALTH PLANNING AND DEVELOPMENT AGENCY
Proposed Amended Rule:
Division 410-1 Appendix - Alabama Certificate of Need Program

HUMAN RESOURCES, DEPARTMENT OF
Certified Amended Rules:
660-1-1-.02 Inspection and Copies of Written Material (Withdrawn and Resubmitted with modifications)
660-1-6-.05 Child Abuse and Neglect Records (Withdrawn and Resubmitted with modifications)
660-2-2-.30 Income

Withdrawal of Rules by Agency:
660-1-1-.02 Inspection and Copies of Written Material
660-1-6-.05 Child Abuse and Neglect Records

LABOR, DEPARTMENT OF
Certified Amended Rule:
480-5-5-.29 Medical Case Management

MEDICAID AGENCY
Proposed Amended Rules:
560-X-35-.02 Description of Services
560-X-57-.04 Covered Services

Proposed New Rule:
560-X-18-.25 NET Provider and Driver Requirements - Exclusions

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

Emergency New Rule:
560-X-18-.25 ER NET Provider and Driver Requirements-Exclusions

Certified Amended Rules:
560-X-35-.17 Fair Hearings
560-X-52-.15 HCBS Waiver Appeal Process

Certified New Rule:
Chapter 560-X-43 Home and Community-Based Services Community Waiver Program (CWP) for Persons with Intellectual Disabilities

MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
540-X-7-.17 Qualifications of the Supervising Physician – Physician Assistants (P.A.)
540-X-7-.38 Requirements for the Issuance of a License to Practice as an Anesthesiologist Assistant (A.A.)

Certified New Rule:
Chapter 540-X-25 Physician Recommendation of the Use of Medical Cannabis

MEDICAL LICENSURE COMMISSION
Proposed Repealed Rule:
Chapter 545-X-2 Appendix C – Application for Reinstatement

Proposed New Rule:
Chapter 545-X-2 Appendix C – Application for Reinstatement

MENTAL HEALTH, DEPARTMENT OF
Certified Amended Rules:
580-5-30-.01 Purpose
580-5-30-.02 Method of Delivery
580-5-30-.03 Assurances
580-5-30-.04 Record Management
580-5-30-.05 Abuse/Neglect/Mistreatment/Exploitation
580-5-30-.06 Service System
580-5-30-.08 Community Service Provision
580-5-30-.10 Contracted Intellectual Disabilities Services
580-5-30-.11 Review of Contracted Services
580-5-30-.13 Program Enrollment/ADMH Medicaid Waiver Programs
580-5-30-.14 Eligibility and Level of Care Determinations for Medicaid Waiver Programs
580-5-30-.15 Freedom of Choice; ADMH Medicaid Waiver Programs

Certified Repealed Rule:
580-5-30-.12 Research

NURSING, BOARD OF
Proposed Amended Rules:
610-X-3-.01 Definitions
610-X-3-.02 Standards for Approval
610-X-3-.03 Outcome Standards
610-X-3-.04 Deficiencies
610-X-3-.07 Closing A Program
610-X-3-.09 Out of State Programs Conducting Clinical Experience in Alabama
610-X-4-.14 Fees

Proposed New Rules:
610-X-3-.13 Student Nurse Apprenticeship Programs
610-X-3-.14 Designation as School of Practical Nursing

Emergency Amended Rules:
610-X-3-.01 ER Definitions
610-X-4-.14 ER Fees

Emergency New Rule:
610-X-3-.13 ER Student Nurse Apprenticeship Programs

Certified Repealed Rule:
610-X-7-.11 Delegation to Medication Assistants, Certified in Settings other than Mental Health Residential Community Programs


PHARMACY, BOARD OF
Certified Amended Rules:
680-X-2-.23 Drug Manufacturers; Wholesale Distributors; Private Label Distributors, Repackagers, Third-Party Logistics; 503B Outsourcer
680-X-2-.40 Non-Disciplinary Penalty for Late Renewal of License, Permit, Registration, Certification, or any Similar Document Issued

PSYCHOLOGY, BOARD OF
Proposed Amended Rule:
Chapter 750-X-6 Appendix I – Fee Schedule

REHABILITATION SERVICES, BOARD OF
Proposed Repealed Rule:
Chapter 795-8-1 SAIL/Homebound Program

Proposed New Rule:
Chapter 795-8-1 SAIL/Homebound Program

Certified Repealed Rules:
Chapter 795-2-3 Formal Hearings
Chapter 795-3-1 Early Intervention Program

Certified New Rules:
Chapter 795-2-3 Mediation
Chapter 795-2-4 Formal Hearings
Chapter 795-3-1 Early Intervention Program

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-5-1-.230 License Plates for Truck Tractors Limited to Travel within 15 Miles of its Domiciled Corporate Limits
810-5-1-.245 Non-Residents Operating Non-Commercial Vehicles into Alabama and Non-Residents Relocating to Alabama
810-6-5-.02.01 State Sales and Use Tax Certificate of Exemption for Entities Having a Statutory Exemption from the Payment of Sales, Use, and Lodgings Taxes

Proposed Repealed Rules:
810-5-1-.243 Registering Trucks with Gross Weights up to 12,000 Pounds
810-6-2-.79.05 Rural Electrification Authority (R.E.A.) 356
810-6-3-.37.01 Meals Furnished Along with Rooms by Schools and Colleges

Proposed New Rule:
810-5-1-.243 Registering Trucks with Gross Weights up to 12,000 Pounds

Certified Amended Rules:
810-27-1-.18.02 Special Rules: Construction Contractors
810-27-1-.18.03 Special Rules: Publishing
810-27-1-.18.05 Special Rules: Television and Radio Broadcasting
810-27-1-.18.07 Special Rules: Telecommunications and Ancillary Service Providers

SOIL AND WATER CONSERVATION COMMITTEE
Certified Amended Rule:
860-3-1-.04 Fees

Certified New Rules:
860-3-1-.10 Spouses of Active-Duty Military Personnel
860-3-1-.11 Discharged Military Members

MISCELLANEOUS NOTICE

EMERGENCY RULES

CERTIFIED ADOPTED RULES

WITHDRAWAL OF RULES BY AGENCY

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