SEPTEMBER 28, 2018
FILINGS BY AGENCY
AGRICULTURE AND INDUSTRIES, DEPARTMENT OF
Proposed New Rule:
Chapter 80-10-21 Industrial Hemp
ARTS, COUNCIL ON THE
Certified Repealed Rule:
Chapter 130-X-1 Policy and Procedures
Certified New Rule:
Chapter 130-X-1 Policy and Procedures
CONSERVATION AND NATURAL RESOURCES, DEPARTMENT OF
Certified Amended Rules:
220-4-.02 Pipeline Right-of-Way Contracts – Submerged Lands
220-4-.06 State of Alabama Natural Heritage Program – General Policies
220-4-.07 State of Alabama Natural Heritage Program – Confidentiality of Information
220-4-.14 Pipeline Right-of-Way Contracts – Non-Submerged Lands
Preemptory Amended Rule:
220-2-.140 Special State Park Hunting Seasons
CRIME VICTIMS’ COMPENSATION COMMISSION
Proposed Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment
Emergency Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment
Certified Amended Rule:
262-X-4-.04 Compensation Awards – Amounts and Methods of Payment
EDUCATION, DEPARTMENT OF
Certified Amended Rules:
290-2-1-.01 Annual Apportionment of the Foundation Program Funds
290-3-1-.02 Regulations Governing Public Schools
Chapter 290-3-3 Educator Preparation
EDUCATION, COMMISSION ON HIGHER
Proposed Amended Rule:
300-2-1-.02 Review and Approval or Disapproval of Proposed Postsecondary Course Offerings in Alabama by Non-Alabama Institutions Seeking State Authorization
Proposed New Rule:
300-2-1-.10 Distance Education
Certified Amended Rules:
300-1-1-.01 Goals and Responsibilities
300-1-1-.02 Commission Membership and Tenure
300-1-1-.03 Commission Organization
300-1-1-.06 Staff
300-2-3-.01 Data Collection
300-2-3-.02 Budget and Capital Recommendation
300-2-3-.03 Policy on Eligibility for Alabama Resident Tuitions
300-2-4-.01 Administration of the Academic Common Market Program
300-2-4-.03 Determining Alabama Residency for Purposes of the Academic Common Market with the Southern Regional Education Board
Certified Repealed Rules:
300-2-3-.04 Policy on Distance Education
300-2-4-.02 Educational Assistance Contracts
Chapter 300-4-6 State of Alabama Chiropractic Scholarship Program
Certified New Rules:
300-4-12-.07 Organization for Loan Repayment Program
300-4-12-.08 Purpose of Loan Repayment Program
300-4-12-.09 Definitions for Loan Repayment Program
300-4-12-.10 Rule Making Authority for Loan Repayment Program
300-4-12-.11 Eligible Applicants and Award Amounts for Loan Repayment Program
300-4-12-.12 Application Procedures for Loan Repayment Program
300-4-12-.13 Procedures for Loan Repayment Program
300-4-12-.14 Appeal for Loan Repayment Program
ELECTRONIC SECURITY BOARD OF LICENSURE
Proposed Amended Rules:
304-X-1-.01 Definitions
304-X-1-.03 Licensure Procedures (Formerly 304-X-1-.02)
304-X-1-.04 Fees (Formerly 304-X-1-.03)
304-X-1-.05 Educational Requirements (Formerly 304-X-1-.04)
304-X-1-.07 Code of Ethics (Formerly 304-X-1-.05)
304-X-1-.08 Administrative Complaints (Formerly 304-X-1-.06)
304-X-1-.10 Cease and Desist Orders (Formerly 304-X-1-.07)
Proposed New Rules:
304-X-1-.02 Operations 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
HEALTH, DEPARTMENT OF PUBLIC
Certified New Rule:
Chapter 420-11-3 Youth Injury Mitigation Training
HEALTH PLANNING AND DEVELOPMENT AGENCY
Certified Amended Rules:
410-1-3-.12 Annual Reports
Division 410-1 Appendix – Annual Report for Ambulatory Surgery Centers
Division 410-1 Appendix - Annual Report for Hospitals and Related Facilities
HEATING, AIR CONDITIONING AND REFRIGERATION CONTRACTORS, BOARD OF
Certified Amended Rules:
440-X-3-.10 Fees and Charges
440-X-4-.02 CE Requirements
HOME BUILDERS LICENSURE BOARD
Certified Amended Rules:
465-X-1-.01 Definition of Terms
465-X-2-.02 Officers
465-X-2-.03 Executive Director; Board Members
465-X-2-.04 Meetings
465-X-2-.06 Roster of Licensees
465-X-3-.01 Requirement for Licensing
465-X-3-.03 Exemptions
465-X-3-.04 Licensing
465-X-3-.06 Annual License Renewal, Consequences of Failure to Renew
Chapter 465-X-4 Fees
465-X-5-.03 Complaint Procedure
465-X-5-.06 Disciplinary Hearings
465-X-5-.07 Discipline
465-X-5-.10 Reissuance or Reinstatement of Licensee after Revocation or Suspension
465-X-5-.13 Institution of Criminal Proceedings
465-X-5-.14 Public Records – Public Information
Chapter 465-X-7 Homeowners’ Recovery Fund
INSURANCE, DEPARTMENT OF
Proposed Amended Rules:
482-1-110-.03 Scope
482-1-147-.06 Insurance Producer Examination
482-1-159-.02 Grants
Proposed New Rule:
482-1-161-.05 Adoption of 2019 Version of Valuation Manual
LANDSCAPE ARCHITECTS, BOARD OF EXAMINERS OF
Certified Amended Rule:
500-X-2-.02 Application for License
LAW ENFORCEMENT AGENCY
Proposed New Rule:
760-X-1-.25 Nonconsensual Towing
MEDICAID AGENCY
Proposed Amended Rules:
560-X-52-.01 Authority and Purpose
560-X-52-.02 Description of Services
560-X-52-.03 Eligibility
Miscellaneous Notice:
Public Notice Amendment to the Alabama State Plan for Medical Assistance
Certified Amended Rules:
560-X-4-.01 General
560-X-4-.02 Purpose
560-X-4-.03 Method
560-X-4-.04 Fraud, Waste, and/or Abuse by Providers
560-X-4-.05 Fraud, Waste, and/or Abuse by Recipients or Sponsors of Recipients
560-X-4-.06 Medicaid Eligibility Quality Control
560-X-10-.05 Reservation of Beds
560-X-10-.11 Establishment of Medical Need
560-X-10-.23 Resident Assessment
560-X-15-.06 Participation Requirements
560-X-25-.02 Administrative Responsibilities
560-X-25-.03 Coverage Groups
560-X-25-.04 Application, Initial Determination or Denial of Eligibility, and Redetermination of Eligibility
560-X-25-.05 General Categorical Eligibility Criteria
560-X-25-.06 Financial Eligibility Criteria – Resources
560-X-25-.09 Transfer of Assets Affecting Eligibility
560-X-25-.10 Income Criteria for Individuals in Institutions and Home and Community-Based Waivers
560-X-25-.12 Periods of Entitlement
560-X-25-.14 Pregnant Women and Children Age 0–18 with Income Equal to or Below 141%
560-X-25-.15 Parents and Other Caretaker Relatives and Transitional Medical Assistance
560-X-25-.16 Income and Resources of a Married Couple for Institutional Care
560-X-35-.01 Authority and Purpose
560-X-35-.02 Description of Services
560-X-35-.03 Eligibility
560-X-42-.03 Definitions
560-X-51-.04 Recipient Eligibility
560-X-63-.06 Nursing Facility Participation Requirements
Certified Repealed Rules:
560-X-1-.29 Managed Care
560-X-29-.01 Definitions
Certified New Rule:
560-X-29-.01 Definitions
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-.07 License Renewal – Physician Assistant (P.A.)
540-X-7-.41 License Renewal – Anesthesiologist Assistant (A.A.)
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
Certified Amended Rules:
540-X-8-.04 Qualifications for Physicians in Collaborative Practice with Certified Registered Nurse Practitioners
540-X-8-.08 Requirements for Collaborative Practice by Physicians and Certified Registered Nurse Practitioners
540-X-8-.12 Limitations upon Utilization of Certified Registered Nurse Practitioners
540-X-8-.18 Qualifications for Physicians in Collaborative Practice with Certified Nurse Midwives
MEDICAL LICENSURE COMMISSION
Proposed Amended Rules:
Chapter 545-X-1 Organization and Administration
Chapter 545-X-2 Licenses
Chapter 545-X-2 Appendix A – Application for License to Practice Medicine/Osteopathy
Chapter 545-X-2 Appendix B – Alabama Medical License Renewal Application
Chapter 545-X-2 Appendix C – Application for Reinstatement
Chapter 545-X-2 Appendix D – Retired Senior Volunteer Program Application for Restricted License to Practice Medicine/Osteopathy
Chapter 545-X-3 Hearings in Contested Cases
Chapter 545-X-4 Miscellaneous
545-X-5-.02 Basic Requirement
Chapter 545-X-6 The Practice of Medicine or Osteopathy Across State Lines
Chapter 545-X-6 Appendix A – Application for a Special Purpose License to Practice Medicine/Osteopathy
545-X-7-.03 Interstate Compact Expedited License
MIDWIFERY, BOARD OF
Certified 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
PHARMACY, BOARD OF
Certified Amended Rules:
680-X-2-.25 Drug Manufacturers; Wholesale Drug Distributors; Private Label Distributers; Repackager; Third Party Logistics; 503B Outsourcer; Reverse Distributor Permit Fees
680-X-2-.35 Fees for Initial Pharmacy Permits, Biennial Permit Renewal, and Transfer of Ownership
Certified Repealed Rule:
680-X-2-.42 Requirements for Return and Destruction of Drugs by Pharmacies
Certified New Rule:
680-X-2-.42 Requirements for the Disposal of Prescription Drug by Pharmacies Collected from Ultimate User(s) or Person(s) Entitled to Dispose of Drugs
PHYSICAL THERAPY, BOARD OF
Proposed Repealed Rule:
Chapter700-X-2 Licensure
Proposed New Rule:
Chapter 700-X-2 Licensure
REAL ESTATE COMMISSION
Certified Amended Rules:
790-X-1-.01 Organization
790-X-1-.06 Prelicense and Post License School Approval and Requirements
790-X-1-.07 Qualifications for Prelicense and Post License Instructors
790-X-1-.09 Qualifications for Continuing Education Instructors
790-X-1-.17 Disciplinary Actions for Instructors, Administrators and Schools
790-X-1-.21 Distance Education Courses
790-X-2-.03 Issuance of Temporary and Original Salesperson Licenses
790-X-2-.04 Additional Broker License
790-X-2-.07 Place of Business and Signage
790-X-3-.01 Change of Address
790-X-3-.05 Automatic Extensions
Certified Repealed Rules:
790-X-2-.14 Evidence of Transfer
790-X-2-.17 Display of License
790-X-3-.08 Offers Made to Licensee
REVENUE, DEPARTMENT OF
Proposed Amended Rules:
810-6-3-.01.01 Agriculture, Definition of
810-6-3-.77 Exemption for Certain Purchases by Contractors and Subcontractors in Conjunction with Construction Contracts with Certain Governmental Entities
810-14-1-.18 Petitions for Refund Allowed
Proposed New Rule:
810-12-1-.07 Sale of Real Property Acquired through a Sheriff’s Sale by means of Public Auction or Public Sale Under Sealed Bids
Certified Amended Rules:
810-6-5-.09.01 Leasing and Rental of Tangible Personal Property – Rule No. 2
810-7-1-.05 Tobacco Administration Concerning Manufacturers and Their Salesmen
Certified Repealed Rules:
Chapter 810-2-2 Permit Fees
Chapter 810-2-5 Registration of Securities
Chapter 810-3-200 Income Tax Forms Appendix I
810-4-1-.11 Implementation of Senior Discount in Baldwin County, Alabama
Chapter 810-5-50 Auto Title and Anti-Theft Forms
Chapter 810-7-2 Tobacco Tax Forms
Chapter 810-8-3 Motor Fuels Forms
810-8-4-.01 Verification of Fuel Identification Marker Application
Certified New Rules:
810-3-61-.09 Estimated Tax Penalty to Individuals and Corporations Entitled to Claim Certain Credits against the Amount of Income Tax Due
810-4-6-.01 Clarification of Procedures for Tax Lien Auction and Tax Lien Sale
810-8-5-.06 Clarification of the Application of the Forest Products Severance Tax and the Forest Products Manufacturers Tax on Certain Forest Products
RULES THAT SIGNIFICANTLY LESSEN COMPETITION UNDER
ACT 2016-256