ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XXXVII, ISSUE NO. 2

NOVEMBER 30, 2018

DATE OF PUBLICATION

FILINGS BY AGENCY

AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Certified New Rule:
Chapter 80-10-21 Industrial Hemp

CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Proposed New Rule:
220-2-.161 Cervid Urine Ban

Certified Repealed Rule:
220-2-.155 Paddlefish Management Areas and Seasons Established

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

DENTAL EXAMINERS, BOARD OF
Proposed Repealed Rule:
270-X-4-.04 Mandatory Continuing Education for Dentists and Dental Hygienists

Proposed New Rule:
270-X-4-.04 Mandatory Continuing Education for Dentists and Dental Hygienists

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-.05 Educational Requirements
304-X-1-.07 Code of Ethics
304-X-1-.08 Administrative Complaints
304-X-1-.10 Cease and Desist Orders

Certified New Rules:
304-X-1-.02 Operation of the Board
304-X-1-.06 Exemptions
304-X-1-.09 Grounds for Referral to the District Attorney
304-X-1-.11 Injunctive Relief and Recoupment of Costs

ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR
PROFESSIONAL

Certified 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 Applications for Certification and Licensure
330-X-4-.01 Method 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
Chapter 330-X-14 Professional Conduct (Code of Ethics)
Chapter 330-X-15 Certificates of Authorization
330-X-16-.05 Disciplinary Hearings
330-X-16-.07 Reissuance of Licensure or Certification after Revocation, Surrender, or Suspension 66
330-X-18-.02 Notice
330-X-18-.05 Emergency Rules

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

HEALTH, DEPARTMENT OF PUBLIC
Proposed Repealed Rules:
Chapter 420-5-4 Assisted Living Facilities
Chapter 420-5-20 Specialty Care Assisted Living Facilities

Proposed New Rules:
Chapter 420-5-4 Assisted Living Facilities
Chapter 420-5-20 Specialty Care Assisted Living Facilities


INSURANCE, DEPARTMENT OF
Certified Amended Rules:
482-1-110-.03 Scope
482-1-147-.06 Insurance Producer Examination
482-1-159-.02 Grants

Certified New Rule:
482-1-161-.05 Adoption of 2019 Version of Valuation Manual

INTERIOR DESIGNERS, BOARD OF REGISTERED
Certified Amended Rules:
485-X-1-.10 Financial Operation of the Board
485-X-3-.03 Renewal of Registration
485-X-3-.04 Reinstatement of Certificates and Seals
485-X-4-.01 Certificates and Seals
485-X-5-.03 Definitions
485-X-5-.04 Continuing Education Compliance
485-X-5-.07 Interactive Study
485-X-5-.08 Self-Directed Study
485-X-7-.03 Procedures for Complaints Against Registrants (formerly Rule 485-X-7-.04)
485-X-7-.04 Notice of Charges (formerly Rule 485-X-7-.05)

MEDICAID AGENCY
Proposed Amended Rules:
560-X-47-.02 Eligibility
560-X-47-.04 Minimum Qualifications for Mental Health, Substance Abuse, and Child and Adolescent Service/Adult Protective Services Professional Staff
560-X-47-.05 Requirements for Client Intake, Treatment Planning, and Service Documentation
560-X-47-.06 Covered Services
560-X-47-.07 Payment Methodology
560-X-47-.11 Records

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

Certified Amended Rules:
560-X-52-.01 Authority and Purpose
560-X-52-.02 Description of Services
560-X-52-.03 Eligibility


MEDICAL EXAMINERS, BOARD OF
Certified Amended Rules:
Chapter 540-X-3 Appendix C – Application for Certificate of Qualification under the Retired Senior Volunteer Physician Program (RSVP)
540-X-7-.04 Requirements for the Issuance of a License to Practice as a Physician Assistant (P.A.)
540-X-7-.07 License Renewal – Physician Assistant (P.A.)
540-X-7-.41 License Renewal – Anesthesiologist Assistant (A.A.)

Certified New Rules:
540-X-8-.05.1 Reinstatement of Lapsed Approval for Practice as a Certified Registered Nurse Practitioner
540-X-8-.19.1 Reinstatement of Lapsed Approval for Practice as a Certified Nurse Midwife

MIDWIFERY, BOARD OF
DISAPPROVAL OF RULES WITH SUGGESTED AMENDMENTS BY JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW:
New Rules:
Chapter 582-X-1 The Board
Chapter 582-X-2 Licensing
Chapter 582-X-3 Practice of Licensed Midwifery
Chapter 582-X-4 Complaint Review

NOTICE OF ADOPTION OF RULES WITH SUGGESTED AMENDMENTS OF THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW:
New Rules:
Chapter 582-X-1 The Board
Chapter 582-X-2 Licensing
Chapter 582-X-3 Practice of Licensed Midwifery
Chapter 582-X-4 Complaint Review

NURSING, BOARD OF
Proposed Amended Rules:
610-X-4-.01 Definitions
610-X-4-.08 Renewal of License
610-X-4-.16 Special Circumstances

PHARMACY, BOARD OF
Proposed Amended Rules:
680-X-2-.12 Supervising Pharmacist
680-X-2-.36 Continuing Education for Pharmacist
680-X-2-.37 Continuing Education for Pharmacy Technicians

REAL ESTATE APPRAISERS, BOARD OF
Certified Amended Rule:
780-X-17-.05 Expired Registration

REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-3-2-.02 Corporations Subject to Alabama Income Tax
810-3-79-.01 Overpayment of Tax
810-3-137-.03 Historic Rehabilitation Tax Credit of 2017 – Improperly Obtained Historic Rehabilitation Tax Credits

Proposed Repealed Rule:
810-3-81-.01 Optional Short Form Returns

Certified Amended Rules:
810-3-24-.01 Taxability of Partnership Income
810-3-24-.02 Computation of Partnership Income (or Loss)
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
810-6-2-.27 Gold, Coin and Bullion
810-6-5-.16 Churches and Other Religious Organizations and Institutions
810-7-1-.04 Refund for Tobacco Products Destroyed by a Manufacturer
810-7-1-.06 Gummed Cigarette Rolling Paper Tax

Certified Repealed Rule:
Chapter 810-9-2 Financial Institution Excise Tax

SAFE STATE ENVIRONMENTAL PROGRAMS
Certified Amended Rule:
Chapter 822-X-2 Accreditation of Training Programs, Training Courses, Refresher Training Courses, and Individuals Engaged in Asbestos-Related Activities

YOUTH SERVICES, DEPARTMENT OF
Certified Amended Rules:
Chapter 950-1-1 General Provisions and Organization
Chapter 950-1-2 Interstate Compact for Juveniles
Chapter 950-1-3 Approval for Service Providers Who Provide Treatment to Juvenile Criminal Sex Offenders
Chapter 950-1-4 Overview of the Licensing Function of the Community Services Division
Chapter 950-1-5 Minimum Standards for Detention Facilities and Programs
Chapter 950-1-6 Minimum Licensure Standards for Residential Facilities and Programs
Chapter 950-1-7 Minimum Standards for Juvenile Training Schools
Chapter 950-1-10 Minimum Standards for Comprehensive Youth Services Centers
Chapter 950-1-12 Minimum Standards for Outdoor Adventure Treatment Programs
Chapter 950-1-13 Minimum Standards for Short Term Detention Facilities
Chapter 950-2-1 Board Actions, Rules and Regulations
Chapter 950-2-2 Screening and Placement
Chapter 950-2-3 Safe Population Capacity
Chapter 950-3-1 Committed Youth Release Policy
Chapter 950-3-2 Absconder Procedure
Chapter 950-3-3 Discharge of Committed Youth
Chapter 950-4-7 DYS Community Services Diversion Program

Certified Repealed Rule:
Chapter 950-2-4 Salary Subsidies for Juvenile Probation Officers

MISCELLANEOUS NOTICE

CERTIFIED ADOPTED RULES

DISAPPROVAL OF RULES WITH SUGGESTED AMENDMENTS BY THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW

ADOPTION OF RULES WITH SUGGESTED AMENDMENTS OF THE JOINT COMMITTEE ON ADMINISTRATIVE REGULATION REVIEW

RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256