(a) In the manner provided in this section, the State Board of Health, with the advice and after approval by the advisory board, shall have the power to make and enforce, and may modify, amend, and rescind, reasonable rules and regulations governing the operation and conduct of hospitals as defined in Section 22-21-20. All such regulations shall set uniform minimum standards applicable alike to all hospitals of like kind and purpose in view of the type of institutional care being offered there and shall be confined to setting minimum standards of sanitation and equipment found to be necessary and prohibiting conduct and practices inimicable to the public interest and the public health. The board shall not have power to promulgate any regulation in conflict with law nor power to interfere with the internal government and operation of any hospital on matters of policy. The procedure for adopting, amending, or rescinding any rules authorized by this article shall conform to the Alabama Administrative Procedure Act. At any public hearing called for the purpose of soliciting public comment on proposed rules, any interested hospital or any member of the public may be heard.
(b) Any person affected by any regulation, amendment, or rescission thereof may appeal consideration thereof to the circuit court of the county of that person's residence or in which that person does business or to the Circuit Court of Montgomery County, pursuant to the Alabama Administrative Procedure Act. And upon appeal the question of the reasonableness of such regulation shall be a question of fact for the court to determine, and no presumption shall be indulged that the regulation adopted was and is a reasonable regulation.
(c) Regulations adopted under this section shall become effective as provided in the Alabama Administrative Procedure Act.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 21 - Hospitals and Other Health Care Facilities Generally.
Article 2 - Licensing of Hospitals, Nursing Homes, and Other Health Care Institutions.
Section 22-21-20 - Definitions.
Section 22-21-21 - Purpose of Article.
Section 22-21-22 - License - Required; Exceptions.
Section 22-21-23 - License - Application.
Section 22-21-24 - License - Fees; Expiration and Renewal; Accreditation.
Section 22-21-25 - License - Issuance; Suspension or Revocation; New Applications After Revocation.
Section 22-21-26 - License - Judicial Review of Suspension or Revocation.
Section 22-21-27 - Advisory Board.
Section 22-21-28 - Rules and Regulations.
Section 22-21-29 - Inspections.
Section 22-21-30 - Disclosure of Information.
Section 22-21-31 - Practice of Medicine, etc., Not Authorized; Child Placing.
Section 22-21-33 - Penalties for Operation of or Referring Persons to Unlicensed Hospital.
Section 22-21-34 - Assisted Living Facility, etc., Rising to Level of Intermediate Care.