Alabama Administrative Code Chapter 420-1-5 — Organization and Operation of the State Board of Health

420 Alabama Department of Public Health

Ala. Admin. Code r. 420-1-5-.01 Function

The State Board of Health was constituted by Code of Ala. 1975, §22-2-1, and is charged with the responsibility for safeguarding the public health through enforcement of the public health laws of the State of Alabama and other means as enumerated in §22-2-2. The terms State Board of Health, State Committee of Public Health, State Department of Public Health, and State Health Officer are used interchangeably except where the context prohibits.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-2-2(6), 22-2-11, 41-22-4.
• Filed July 20, 1990. Amended: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.02 Organization

(1) Location. The State Board of Health and its administrative arm, the Department of Public Health, have central offices located in the RSA Tower, 201 Monroe Street, Montgomery, Alabama 36104. Mailings are to be sent to Post Office Box 303017, Montgomery, Alabama 36130-3017. Office hours are 8 a.m. to 5 p.m., Monday through Friday, official state holidays excluded.

(2) Composition of the Board. The Medical Association of the State of Alabama is the State Board of Health. The Board functions through the State Committee of Public Health as constituted by Code of Ala. 1975, §22-2-4, which is composed of 12 members of the Medical Association of the State of Alabama and the chairman of each of four councils provided for by statute. The 16 members function under the leadership of a chairman and a vice chairman elected by the membership for a term of four (4) years.

(3) Meetings. The State Committee of Public Health meets monthly. Agendas are available to any interested persons not less than seven days in advance of the meeting, if available, in accordance with the Alabama Open Meetings Act. All meetings will be open to the public unless closed in accordance with the Alabama Open Meetings Act. Meetings are conducted in accordance with The Standard Code of Parliamentary Procedure, 4th edition.

(4) Minutes of the Committee meetings are prepared and are available at the Board of Health offices for inspection during regular business hours.

(5) The Organizational Chart set out on the World Wide Web at http://www.adph.org is not a rule but is provided as a guide to the Department's organization. Such is subject to change without notice by the State Health Officer or State Board of Health.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-2-1, 22-2-2, 22-2-4, 22-2-5, 22-2-6, 22-2-9, 22-2-10, 41-22-4.
• Filed July 20, 1990. Amended: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.03 Administration

The Committee of Public Health elects an executive officer who is known as the State Health Officer and who is responsible for the day-to-day administration of the Board's activities. The Department of Public Health is composed of numerous offices, bureaus, divisions, and public health areas which answer directly to the State Health Officer.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-2-8, 41-22-4.
• Filed July 20, 1990. Amended: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.04 Open Records

(1) All public records of the State Board of Health are available for public inspection during business hours. Requests for such records may be made by Alabama citizens either electronically, by mail, or in person, pursuant to the provisions of the Alabama Open Records Act, Code of Ala. 1975, §36-12-40.

(a) Copies of meeting minutes, department forms, bureau records, and county health department records maintained in hard copy may be obtained at a cost of $20 per hour, including a standard, minimum fee of $20, for time spent locating, retrieving, and preparing records for production. Unless otherwise provided by law or rule, requestors will also be charged a per-page fee of $.50 for copies produced on standard 8.5 x 11 paper. This charge may be waived in the case of requests by governmental agencies or indigent persons.

(b) Copies of records maintained electronically, including messages and attachments exchanged via electronic mail, or for record searches related to extraordinary events, such as public health emergencies of any kind, may be obtained at a cost of $20 per hour, including a standard, minimun fee of $20, for time spent locating, retrieving, and preparing records for production, unless otherwise provided by law or rule. There is no per-page charge for records obtained and provided electronically. Copies of records pertaining to extraordinary events may be provided to members of the press who are not citizens of the state, subject to the requested charge.

(c) The department will send a written acknowledgment of receipt of a request for public records within 2 business days. Responses to standard requests that seek one or more specifically and discretely identified public records that the department determines would take less than 8 hours of staff time to process and require no or minimal clarification from the requestor will be provided within 15 business days of the acknowledgement of receipt. If additional time is required, the department may extend this period in 15-business day increments upon written notice to the requestor.

(d) Requestors will be notified within 15 business days of the acknowledgment of receipt if the department determines that a request is time-intensive, requiring more than 8 hours of staff time to process, including vague or overly broad requests and any time needed to redact or take other measures to withhold legally protected information. At that time, the department will provide notice of any likely fees and allow the requestor to withdraw the time-intensive request and submit a new request that is not time-intensive. If the requestor elects to proceed with the time-intensive request, the department will provide a substantive response fulfilling or denying the request within 45 business days after the election to proceed. If additional time is required, the department may extend this period in 45-business day increments upon written notice to the requestor.

(2) Medical or clinic records, notifiable disease records, records of epidemiological investigations, investigative records of the Bureau of Health Provider Standards or records that are proprietary by statute, case law, rule or custom are not “public records” per se and are not open to the public inspection. Release of records by subpoena in civil or criminal actions are governed by individual statutes or court rules.

(3) Charge for response to subpoenas - In accordance with Rule 45(a)(3)(c) Alabama Rules of Civil Procedure, a reasonable charge may be requested for response to subpoenas. Such records shall be obtained at a cost of a $5 retrieval fee plus $1 per page for the first 25 pages and $.50 for every page thereafter unless otherwise provided by law or rule.

(4) Nothing in the rule is intended to require that information defined by 45 CFR, Parts 160 and 164 as “protected health information” or that information otherwise protected as confidential by rule or statute, be made available to the public. All questions as to whether a particular document or class of information is public or confidential should be referred to the Office of General Counsel.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§13A-14-2, 22-2-2(6), 41-22-4.
• Filed July 20, 1990. Amended: Filed January 15, 2003; effective February 19, 2003. Amended: Filed April 21, 2004; effective May 26, 2004. Amended: Filed December 17, 2009; effective January 21, 2010. Amended: Published June 30, 2021; effective August 14, 2021. Published May 31, 2023; effective July 15, 2023.

Ala. Admin. Code r. 420-1-5-.05 Forms

Appropriate official forms of the Department of Public Health are available from the bureau or division administering the program or the area health officer. Forms used in locally administered programs are available from the local health department, the office of the State Health Officer or the appropriate state program office.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-2-2, 41-22-2.
• Filed July 20, 1990. Amended: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.06 Agency Secretary For Administrative Procedures

(1) The General Counsel of the Department of Public Health, whose office is located at 201 Monroe Street, Suite 1540, Montgomery, Alabama 36104, will serve as the Agency Secretary for Administrative Procedures. Mailings to the Agency Secretary are to be sent to Post Office Box 303017, Montgomery, Alabama 36130-3017.

(2) The duties of the Agency Secretary include the following:

(a) Sign and file certified copies of all rules with the Legislative Reference Service;

(b) Receive, docket and maintain an updated file on all rules, amendments or repeal of rules;

(c) Keep a permanent register of all rules for public inspection and copying;

(d) Establish and maintain the State Board of Health Administrative Code;

(e) Maintain a case accounting system.

(f) By policy, provide for subscription services to the Rules of the State Board of Health.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §41-22-6.
• Filed July 20, 1990. Amended: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.07 County Board Of Health Rules

All County Board of Health rules shall be filed with the Agency Secretary 30 days prior to adoption and shall not conflict with existing State Board of Health rules concerning the same subject matter.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-2-2(1)(6)(7); 22-3-2.
• Filed July 20, 1990. Repealed and New Rule: Filed December 17, 2009; effective January 21, 2010.

Ala. Admin. Code r. 420-1-5-.08 State Level Fees

Notwithstanding any rule provision previously adopted by the State Board of Health, pursuant to Code of Ala. 1975, §§22-11A-42 and 41-1-11, the Department of Public Health shall collect fees for the services as set out below.

(1) Bureau of Environmental Services

(a) Lead Hazard Reduction Contractor Certification

1. Initial Application Fee -- $300

2. Annual Renewal Fee -- $240

3. Replacement Certificate Fee -- $30

4. Project Fees:

(i) Residential Dwelling Unit -- $120 per residential dwelling unit covered by the project notification for project of 1 to 5 dwelling units up to $600. For projects exceeding 5 residential dwelling units, the fee shall be $600 plus 2 percent (.02) of the contract (project) cost covered by the project notification but not to exceed $12,000.

(ii) Child Occupied Facilities -- $300 for each child occupied facility plus 2 percent (.02) of the contract (project) cost covered by the project notification but not to exceed $12,000.

(iii) Combined Mixed Use Project. (Project which contains both residential dwelling units and child occupied facilities): $120 per residential dwelling unit covered by the project notification for project of 1 to 5 dwelling units up to $600, $300 for each child occupied facility, plus 2 percent (.02) of the contract (project) cost covered by the project notification but not to exceed $12,000.

(b) Lead Renovation Contractor Certification

1. Initial Application Fee -- $300

2. Annual Renewal Fee -- $300

3. Replacement Certificate Fee -- $30

(c) Milk, Milk Products or Frozen Dessert Processing Plant Permit; Initial Application and Annual Renewal Fee -- $300

(d) Performance/Operational Permit for Cluster Wastewater Systems ytilizing a Certified Management Entity; Initial Application, Modification and 5-Year Renewal Fee -- $2,500

(2) Bureau of Health Provider Standards

(a) Health Care Facility License (excluding Assisted Living Facilities and Specialty Care Assisted Living Facilities):

1. Initial Application and Annual Renewal Fee -- $240, plus a fee of $6 per bed for each bed over 10 beds.

2. Increase in Bed Capacity during Calendar Year -- $240, plus $6 each for the net gain in beds.

(b) Assisted Living Facility and Specialty Care Assisted Living Facility Initial Application and Annual Renewal Fee -- $240, plus a fee of $18 for each bed.

(c) Late Penalty for Annual Renewal -- $300 or 100 percent of the renewal fee, whichever is greater.

(d) Health Care Facility Plan Review Fees:

1. Initial Fee Accompanying First Drawing Submittal -- $600

2. Total Fee:

(3) Office of Emergency Medical Services

(a) Individual Emergency Medical Services Personnel 24-Month License (Initial Application and Renewal) -- $40

(b) Air or Ground Provider Service 12-Month License (Initial Application and Renewal) -- $100

(4) Bureau of Clinical Laboratories

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§22-11A-42, 41-1-11.
• New Rule: Filed June 15, 2016; effective July 30, 2016. Amended: Published April 30, 2020; effective June 14, 2020. Amended: Filed January 19, 2023; effective May 15, 2023.

Ala. Admin. Code r. 420-1-5-.09 State Health Orders

(1) Pursuant to Code of Ala. 1975, §22-2-2(6), the State Board of Health is authorized to adopt and promulgate rules and regulations providing proper methods and details for administering the health and quarantine laws of the state. State law, Code of Ala. 1975, §§22-2-5 and 22-2-8, further delegates this authority to the State Committee of Public Health and to the State Health Officer.

(2) No emergency rule adopted pursuant Code of Ala. 1975,

§41-22-5(b), order, or other directive relating to containment or mitigation measures to address a disease outbreak that is generally applicable to the public at large, or to businesses, entities, or institutions, shall be effective unless it is first approved by the Governor and a copy filed in the Office of the Secretary of State.

(3) Paragraph (2) shall not prohibit or restrict the State Health Officer from issuing individualized directives or orders to persons or businesses for violations of state law and/or rules adopted by the State Board of Health, or closure of certain state waters for oyster harvesting. Individualized directives or orders to persons or businesses include:

(a) Emergency suspensions or proposed revocations of permits, licenses, or authorizations to engage in activities governed by state law and/or State Board of Health rules;

(b) Fines issued for violations of state law and/or State Board of Health rules;

(c) Directives to destroy adulterated or contaminated food, milk, or milk products;

(d) Directives to abate insanitary conditions caused or maintained by an individual or business which are, or are likely to become, menaces to public health; and

(e) Quarantine and isolation orders issued to persons having, or suspected of having, a communicable disease.

(4) The State Health Officer shall report emergency rules, orders, or directives he or she issues to the State Committee of Public Health at its next meeting after such action is taken, and such action shall then be subject to confirmation or modification by the Committee.

History

• Author: P. Brian Hale
• Authority: Code of Ala. 1975, §§ 22-2-2, 22-2-5, 22-2-8, 41-22-4.
• New Rule: Published February 29, 2024; effective April 14, 2024.

Ala. Admin. Code r. 420-1-5-A Appendix A

ORGANIZATION OF THE ALABAMA DEPARTMENT OF PUBLIC HEALTH

REPEALED (1/21/10)

History

• Authority: Code of Ala. 1975, §§22-21-20 et seq.
• Repealed and Replaced: Filed November 20, 1996; effective December 24, 1996. Amended: Filed June 20, 1997; effective July 25, 1997. Repealed: Filed December 17, 2009; effective January 21, 2010.