ALABAMA ADMINISTRATIVE MONTHLY
VOLUME XL, ISSUE NO. 2

NOVEMBER 30, 2021

DATE OF PUBLICATION

FILINGS BY AGENCY

ACCOUNTANCY, BOARD OF PUBLIC
Proposed Amended Rules:
30-X-4-.02 Qualifications of Candidates for Certified Public Accountant Examination
30-X-4-.04 Passing Grade, Conditioned Subjects, Reexamination, Reapplication

AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Certified Amended Rules:
80-10-21-.01 Purpose
80-10-21-.02 Definitions
80-10-21-.04 Application for Grower Licensing Agreement; Criteria and Procedure for Evaluation
80-10-21-.05 Land Use Restrictions for Licensed Growers
80-10-21-.06 Grower Licensing Agreements
80-10-21-.07 Licensing Fees; Participation Fee, Secondary Pre-Harvest Sample Fee, Post-Harvest Retest Fee
80-10-21-.11 Responsibility of a Licensed Grower Prior to Harvest of Hemp Plots
80-10-21-.15 Other Required Reports
80-10-21-.16 Processor or Handler License Application
80-10-21-.17 Application for Processor or Handler Licensing; Criteria and Procedure for Evaluation
80-10-21-.19 Processor or Handler Licensing Agreements
80-10-21-.23 Required Reports
80-10-21-.31 Criminal Background Check
80-10-21-.45 Schedule of Fees for Eligible Institutions of Higher Education
80-10-21-.50 Department to Submit Growing Locations and Grower Licensee Information to United States Secretary of Agriculture
80-10-21-.54 Incorporation by Reference


AUCTIONEERS, BOARD OF
Proposed Amended Rules:
150-X-1-.01 Definitions
150-X-1-.02 Application for Auctioneer’s License
150-X-1-.10 Duties of Sponsors and Apprentices
150-X-1-.12 Auctioneer Schools
150-X-1-.14 Board Policies and Procedures
Appendix I Fees

COUNSELING, BOARD OF EXAMINERS IN
Proposed Amended Rules:
255-X-1-.08 Finances
Chapter 255-X-2 Definitions and Clarification of Terms
Chapter 255-X-3 Qualifications for LPC and ALC; Supervising Counselor; Exceptions for Supervision by Supervising Counselor; Supervising Associate
Chapter 255-X-4 Application Procedures
Chapter 255-X-5 Examination of Applicants
Chapter 255-X-6 Licensure
Chapter 255-X-7 License Renewal
Chapter 255-X-10 Licensing Under Special Conditions

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

EDUCATION, DEPARTMENT OF
Certified Amended Rule:
Chapter 290-8-8 Specialized Treatment Centers in Alabama

Certified Repealed Rule:
Chapter 290-4-2 Instructional Services

Certified New Rule:
Chapter 290-4-2 Student Assessment

ELECTRONIC SECURITY BOARD OF LICENSURE
Certified Amended Rule:
304-X-1-.07 Code of Ethics


ENGINEERS AND LAND SURVEYORS, BOARD OF LICENSURE FOR PROFESSIONAL
Certified 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, Examination or Experience (Canon II)
330-X-15-.02 Application Procedures
330-X-16-.01 Complaints

ENVIRONMENTAL MANAGEMENT, DEPARTMENT OF
Proposed Amended Rules:
335-6-15-.02 Definitions
335-6-15-.03 Applicability
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-.12 Repairs Allowed
335-6-15-.14 General Release Detection Requirements for All UST Systems
335-6-15-.17 Methods of Release Detection for Underground Storage Tanks
335-6-15-.22 Release Investigation and Confirmation Steps
335-6-15-.23 Reporting and Cleanup of Spills and Overfills
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-.32 Analytical Requirements
335-6-15-.35 Site Closure or Change-In-Service Assessment
335-7-4-.04 Requirements for New Water Systems
335-7-4-.07 Facility Permit Renewal
335-7-7-.04 Water Storage Tank Maintenance
335-16-1-.02 Definitions
335-16-2-.01 Criteria of Coverage by the Act
335-16-3-.01 General
335-16-4-.01 Purpose
335-16-4-.02 Initial Investigation
335-16-5-.01 General Provisions
335-16-5-.02 Performance Standards
335-16-6-.02 Property Remediation

FIRE COLLEGE AND PERSONNEL STANDARDS COMMISSION
Proposed Amended Rule:
Chapter 360-X-19 Certified Rescue Technician

FORESTERS, BOARD OF
Certified Amended Rule:
380-X-1-.09 Fees

FUNERAL SERVICE, BOARD OF
Proposed New Rule:
395-X-2-.09 Examinations

HEALTH, DEPARTMENT OF PUBLIC
Proposed Amended Rule:
Chapter 420-3-29 Renovation Contractor Certification

Proposed New Rule:
Chapter 420-12-1 Hospital Discharge Data System

Certified Amended Rules:
420-3-22-.01 General Provisions
420-3-22-.06 Physical Facilities

HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS, BOARD OF
Proposed Amended Rule:
440-X-3-.10 Fees and Charges

Certified Repealed Rule:
Chapter 440-X-6 Disciplinary and Compliance Proceedings

Certified New Rules:
440-X-3-.17 Military Members and Military Spouses
Chapter 440-X-6 Disciplinary and Compliance Proceedings


HOME BUILDERS LICENSURE BOARD
Proposed Amended Rule:
465-X-4-.04 Fees

Emergency Amended Rule:
465-X-4-.04 ER Fees

INSURANCE, DEPARTMENT OF
Certified New Rule:
Chapter 482-2-112 Reports of Fires to State Fire Marshal

JUSTICE INFORMATION COMMISSION
Proposed New Rules:
Chapter 265-X-6 License Plate Recognition Systems for Law Enforcement
Chapter 265-X-7 Firearms Prohibited Person Database
Chapter 265-X-8 Uniform Crime Reports (UCR) National Incident Based Reporting System (NIBRS)

LABOR, DEPARTMENT OF
Proposed New Rule:
Chapter 480-9-1 Vaccination Exemptions

Emergency New Rule:
Chapter 480-9-1 ER Vaccination Exemptions

MARRIAGE AND FAMILY THERAPY, BOARD OF EXAMINERS IN
Proposed Amended Rule:
536-X-8-.09 Technology-Assisted Training/Education Requirement of Profession

Proposed New Rule:
536-X-10-.01 Application for Spouse of Active- Duty Military Personnel

MEDICAID AGENCY
Miscellaneous Notices:
Public Notice Amendment to the Alabama State Plan for Medical Assistance
Public Notice Amendment to the Alabama State Plan for Medical Assistance (Nurse-Family Partnership)

Certified Amended Rule:
560-X-7-.17 Outpatient Hospital Services


MEDICAL EXAMINERS, BOARD OF
Proposed Amended Rules:
540-X-7-.04 Requirements for the Issuance of a License to Practice as a Physician Assistant (P.A.)
540-X-7-.50 Qualifications of the Supervising Anesthesiologist – Anesthesiologist Assistants (A.A.)
540-X-7-.57 Covering Anesthesiologists for Anesthesiologist Assistants (A.A.)
540-X-8-.01 Definitions

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

Emergency New Rule:
540-X-3-.26 ER Applicants for Emergency Certificate of Qualification by Endorsement

Certified Amended Rules:
540-X-1-.03 Meetings of the Board
540-X-7-.37 Requirements to Practice as an Anesthesiologist Assistant (AA)
540-X-7-.49 Qualifications for Registration – Anesthesiologist Assistant (AA)
540-X-7-.51 Grounds for Denial of Registration – Anesthesiologist Assistant (AA) and Supervising Anesthesiologist
540-X-7-.53 Termination of Registration – Voluntary – Anesthesiologist Assistants (AA)
540-X-7-.54 Interim Approval – Anesthesiologist Assistant (AA)
540-X-7-.55 Anesthesiologist Assistants (AA) not Employed by Supervising Anesthesiologist/Anesthesiologist not in Full-Time Practice
540-X-7-.57 Covering Anesthesiologists for Anesthesiologist Assistants (AA)
540-X-7-.59 Limitations upon Utilization of Anesthesiologist Assistants (AA)
540-X-9-.10 Joint Rules of the State Board of Medical Examiners and Medical Licensure Commission for Medical Records Management

MEDICAL LICENSURE COMMISSION
Emergency New Rule:
545-X-2-.11 ER Emergency Expedited Temporary License

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

Certified New Rules:
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

MENTAL HEALTH, DEPARTMENT OF
Proposed 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-.12 Research
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

NURSING, BOARD OF
Proposed Amended Rules:
610-X-4-.06 Graduates of Foreign Nursing Schools
610-X-4-.15 Annual Report of Employing Agencies
610-X-12-.07 Area of Critical Need
610-X-14-.01 Definitions
610-X-14-.02 Qualifications of Applicants for Permit
610-X-14-.13 Standards and Scope of Practice

Proposed New Rule:
Chapter 610-X-15 Student Nurse Apprentices

Emergency Amended Rules:
610-X-4-.02 ER Qualifications of Applicants for Licensure
610-X-4-.06 ER Graduates of Foreign Nursing Schools
610-X-14-.01 ER Definitions
610-X-14-.02 ER Qualifications of Applicants for Permit

Certified Amended Rules:
610-X-3-.02 Standards for Approval
610-X-4-.02 Qualifications of Applicants for Licensure
610-X-4-.08 Renewal of License
610-X-7-.12 Nursing Student/Graduate Aides

Withdrawal of Rule by Agency:
610-X-4-.02 Qualifications of Applicants for Licensure

NURSING HOME ADMINISTRATORS, BOARD OF EXAMINERS OF
Proposed Amended Rules:
Appendix A Form 4 – Application for Renewal of NHA License
Appendix A Form 7 – Application for Administrator-in-Training
Appendix A Form 10 – AIT Program Outline – 1000 Hour
Appendix A Form 11 – AIT Program Outline – 2000 Hour
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
Appendix A Form 19 – Certification of Program Completion – 200 Hour Program
Appendix A Form 20 – AIT Program Outline – 500 Hour
Appendix A Form 21 – Certification of Program Completion – 500 Hour Program

PHARMACY, BOARD OF
Proposed Amended Rule:
680-X-2-.44 Collaborative Practice

REAL ESTATE COMMISSION
Proposed New Rule:
790-X-3-.15 Broker Supervision

REVENUE, DEPARTMENT OF
Proposed Amended Rule:
810-5-1-.440 Department of Revenue to Issue Apportioned License Plates

Proposed Repealed Rules:
810-5-1-.441 Application for Apportioned International Registration Plan (IRP) Registration
810-5-1-.451 Prerequisites to Issuance of Apportioned License Plates or Cab Cards
810-5-1-454 Temporary Evidence of Apportioned Registration (TEAR)

Certified 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

Certified Repealed Rules:
810-5-1-.215 Vintage Vehicle 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

Certified New Rules:
810-5-1-.215 License Plates for Vintage Vehicle
810-6-1-.27 Building Materials
810-6-1-.33 The Taxation of Casual Sale Transactions

MISCELLANEOUS NOTICES

EMERGENCY RULES

CERTIFIED ADOPTED RULES

WITHDRAWAL OF RULE BY AGENCY

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