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Chapter 50 - Department of Mental Health; Board of Trustees.
Article 1 - General Provisions.
Section 22-50-1 - Definitions. - For the purposes of this chapter, the following terms shall...
Section 22-50-2 - Department - Created; Composition; Divisions; Offices. - There shall be created and established a department of the...
Section 22-50-2.1 - Department - Name Changed; Transition Period. - (a) All rights, duties, property, real or personal, and all...
Section 22-50-3 - Department - Disposition of Fees, Receipts and Income. - All fees, receipts, and income of the Department of Mental...
Section 22-50-4 - Department - Public Corporation. - The Governor and the Commissioner of Mental Health are hereby...
Section 22-50-5 - Board of Trustees - Membership; Officers; Initial Appointments; Terms. - (a) In order to coordinate the activities of the Department...
Section 22-50-6 - Board of Trustees - Subsequent Appointments to Board; Vacancies. - Subsequent appointments shall be made for a period of three...
Section 22-50-8 - Board of Trustees - Expenses of Trustees. - The trustees shall receive $100.00 per day and mileage expenses...
Section 22-50-9 - Department - Powers Generally. - The Department of Mental Health through its commissioner is hereby...
Section 22-50-10 - Department - Termination of Alabama Mental Health Board; Transfer of Authority to Department. - Upon May 1, 1984, the Alabama Mental Health Board shall...
Section 22-50-11 - Department - Additional and Cumulative Powers. - The Department of Mental Health is given hereby the following...
Section 22-50-12 - Department - Legal Division. - The commissioner may establish a legal division, which shall be...
Section 22-50-13 - Department - Annual Report. - As near after the end of the fiscal years as...
Section 22-50-14 - Department - Requests for Budget Funds. - Every budget period the department shall present to the Governor...
Section 22-50-15 - Funds for Essential Functions. - Any state supported facility under the jurisdiction of the department...
Section 22-50-16 - Commissioner of Mental Health. - The Governor shall appoint the Mental Health Commissioner and shall...
Section 22-50-17 - Operation of a Facility for Care or Treatment of Mental or Emotional Illness or Substance Abuse, or Services to Persons With an Intellectual Disability. - (a) No person, partnership, corporation, or association of persons shall...
Section 22-50-18 - Commitment and Release of Incompetents, Etc. - Nothing contained in this chapter shall change or alter the...
Section 22-50-19 - Judicial Review of Final Order or Decision by Department. - Any person who has been legally damaged by a final...
Section 22-50-20 - Forms. - The Mental Health Department shall prescribe forms for probate judges...
Section 22-50-21 - Police Officers for State Mental Health Facilities or Hospitals. - The State Mental Health Officer may appoint or employ one...
Section 22-50-22 - Exemption of Superintendent and Physician of State Mental Health Facilities From Attending as Witnesses. - Neither the superintendent nor a physician of a state mental...
Section 22-50-23 - Penalties for Violation of Chapter, Etc. - Any person, partnership, corporation or association that violates the provisions...
Section 22-50-24 - Repeal of Conflicting Laws; Certain Laws Not Repealed. - All laws or parts of laws, local, special or general,...
Section 22-50-25 - Mental Health Capital Outlay Oversight Commission; Creation; Membership; Appointment; Vacancy; Meetings; Quorum; Appropriation for Capital Outlays and Improvements; Compensation; Funding From Oil and Gas Leases. - REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE...
Article 2 - Personnel Policies and Salary Schedules.
Section 22-50-40 - Authority to Establish Personnel Policies and Salary Schedules. - The Alabama Department of Mental Health is hereby authorized to...
Section 22-50-41 - Personnel Policies - Inclusion or Continuation of Positions Under Merit System. - Personnel policies may be established so as to include under...
Section 22-50-42 - Personnel Policies - Continuation of Positions Not Under Merit System. - Positions in the Department of Mental Health and employees of...
Section 22-50-43 - Conflicting Provisions of Section 22-50-11 Repealed. - Any part of Section 22-50-11 in conflict with this article...
Article 3 - Information, Records, and Research Data.
Section 22-50-60 - Purpose of Article. - It is the intent and purpose of the Legislature of...
Section 22-50-61 - Authority to Receive Data for Research. - (a) The Commissioner of Mental Health, or his or her...
Section 22-50-62 - Disclosure of Information. - No employee of any of the facilities under the management,...
Article 4 - Dementia Education and Training.
Section 22-50-70 - Short Title. - Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective...
Section 22-50-71 - Legislative Findings. - Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective...
Section 22-50-72 - Development of Educational Programs and Services for Alzheimer's Disease; Instructors and Training. - Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective...
Section 22-50-73 - Promulgation of Rules and Regulations. - Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective...
Section 22-50-74 - Appropriation of Funding; Fees. - Repealed by Act 2019-453, §6, and Act 2019-499, §6, effective...
Article 4A - Alabama Alzheimer's and Demetia Education, Care, and Training Act.
Section 22-50-80 - Short Title. - This article shall be known and may be cited as...
Section 22-50-81 - Legislative Intent. - The purposes of this article are: (1) To enable Alabamians...
Section 22-50-82 - Development of Educational Programs and Services; Instructors and Training. - (a) Subject to Section 22-50-84, the Department of Public Health...
Section 22-50-83 - Rulemaking Authority. - The Department of Public Health may adopt rules to implement...
Section 22-50-84 - Appropriation of Funds; Fees. - (a) The Legislature may appropriate funding to establish and implement...
Article 5 - Criminal History Background Information Regarding Direct Care Providers.
Section 22-50-90 - Definitions. - (a) When used in this article, the following words and...
Section 22-50-91 - Administrative Rules and Procedures. - The Department of Mental Health shall promulgate administrative rules and...
Chapter 51 - Regional Mental Health Programs and Facilities.
Section 22-51-1 - Definitions. - For the purposes of this chapter, unless otherwise indicated, the...
Section 22-51-2 - Incorporation of Public Corporations - Authorized. - By proceeding in the manner set forth in this chapter,...
Section 22-51-3 - Incorporation of Public Corporations - Application - Contents. - The said natural persons, referred to in Section 22-51-2, shall...
Section 22-51-4 - Incorporation of Public Corporations - Application - Approval. - Upon the adoption by each governing body to which an...
Section 22-51-5 - Incorporation of Public Corporations - Certificate of Incorporation - Contents. - The certificate of incorporation shall state: (1) The names of...
Section 22-51-6 - Incorporation of Public Corporations - Certificate of Incorporation - Execution and Recording. - A certificate of incorporation, in the form provided in Section...
Section 22-51-7 - Incorporation of Public Corporations - Certificate of Incorporation - Amendments. - The certificate of incorporation may be amended, from time to...
Section 22-51-8 - Board of Directors - Composition; Appointment, Qualifications, Terms and Compensation of Members; Vacancies; Executive Committee. - Each corporation shall be governed by a board of directors...
Section 22-51-9 - Board of Directors - Meetings; Quorum; Constitution and Bylaws. - The board of directors shall hold monthly meetings and such...
Section 22-51-10 - Professional Advisory Committee. - The board of directors of the corporation shall appoint a...
Section 22-51-11 - Powers of Corporation. - Any corporation organized pursuant to the provisions of this chapter,...
Section 22-51-12 - Control of Facilities and Programs. - Nothing in this chapter shall be construed to mean that...
Section 22-51-13 - Taxation Exemption. - The corporations authorized in this chapter and their property, including...
Section 22-51-14 - Appropriations by Local Governing Bodies. - The governing bodies which are entitled to appoint a member...
Section 22-51-15 - Limitations of Liability for Certain Regional Mental Health Entities, Directors, and Employees. - (a) This section shall be construed to supersede any protections...
Chapter 52 - Commitment, Discharge and Transfer of Persons in State Institutions.
Article 1 - Commitment of Mentally Ill Persons Generally.
Section 22-52-1.1 - Definitions. - When used in this article, the following terms shall have...
Section 22-52-1.2 - Filing and Contents of Petition Seeking Involuntary Commitment of Another. - (a) Any person may file a petition seeking the involuntary...
Section 22-52-2 - Review of Petition by Probate Judge; Examination of Petitioner; Dismissal of Petition Without Further Proceedings. - (a) When any petition is filed seeking the involuntary commitment...
Section 22-52-3 - Service of Petition and Order Setting Petition for Hearing Upon Person Sought to Be Committed; Contents of Notice. - When any petition has been filed seeking the involuntary commitment...
Section 22-52-4 - Appointment of Attorney and Guardian Ad Litem for Person Sought to Be Committed; Statements, etc., of Person in Presence of Judge, Prior to Obtaining Services of Attorney, Not to Be Considered by Judge. - (a) At the time when any petition has been filed...
Section 22-52-5 - Appointment by Probate Judge of Attorney to Appear in Support of Petition; Employment by Petitioners of Attorney to Appear in Support of Petition. - The probate judge shall appoint an attorney to serve as...
Section 22-52-6 - Notification of Department of Mental Health and Mental Retardation or Other Public Facility of Petition, Date of Final Hearing, Etc. - (a) When a petition is filed seeking the involuntary commitment...
Section 22-52-7 - Restrictions on Imposition of Limitations Upon Liberty of Person Sought to Be Committed Pending Hearings; Ordering, etc., of Examinations of Person Sought to Be Committed; Supervision of Temporary Treatment. - (a) When a petition has been filed seeking to have...
Section 22-52-8 - Holding of Probable Cause and Final Hearings Generally. - (a) When any respondent sought to be committed has any...
Section 22-52-9 - Conduct of Hearings. - At all hearings, including probable cause hearings, conducted by the...
Section 22-52-10.1 - (Effective Upon the Implementation of Act 2021-246) Order Entered Where Judge Finds Criteria Met; Dismissal of Petition; Reports to the Alabama State Law Enforcement Agency. - (a) If at the final hearing on a petition seeking...
Section 22-52-10.2 - Findings Necessary for Outpatient Treatment. - THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022...
Section 22-52-10.3 - Order for Outpatient Treatment. - (a) At the final hearing on a petition for commitment...
Section 22-52-10.4 - Findings Necessary for Inpatient Treatment; Order When No Treatment Available. - THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022...
Section 22-52-10.5 - Facilities for Inpatient Treatment; Length of Treatment; Cost. - (a) At the final hearing on a petition for involuntary...
Section 22-52-10.6 - Petition for Renewal of Inpatient Commitment Order; Probate Court; Special Judge; Notice; Hearing. - (a) A petition for renewal of an inpatient commitment order...
Section 22-52-10.7 - Transfer to Another Facility. - A respondent committed to inpatient treatment may be transferred from...
Section 22-52-10.8 - Order for Involuntary Commitment for Inpatient Treatment to Be Entered Into Criminal Justice Information System and Nics; Redaction of Order Upon Removal of Limitation to Purchase Firearm. - (a) When the judge of probate of a county enters...
Section 22-52-10.9 - Order Finding Defendant Insane, Mentally Incompetent, etc., to Be Entered Into Information Systems; Civil Review. - (a)(1) Upon any finding that a defendant is insane, mentally...
Section 22-52-10.10 - Renewal of Outpatient Commitment Order. - (a) A petition for renewal of an outpatient commitment order...
Section 22-52-11 - Retention of Jurisdiction by Probate Court Over Person Committed. - The probate court involuntarily committing a respondent shall retain jurisdiction...
Section 22-52-12 - Conveyance of Person Committed to Facility; Expenses of Conveyance. - The probate judge shall order one or more persons or...
Section 22-52-12.1 - Designated Mental Health Facilities; Standards of Care. - (a) The department shall designate certain mental health facilities that...
Section 22-52-12.2 - Renewal Petition Time Limit for Certain Patients. - With regard to those patients who shall have been committed...
Section 22-52-13 - Transfer of Persons Committed to Veterans Administration or Other Federal Agency; Powers, etc., of Chief Officers of Veterans Administration Hospitals, etc., With Respect to Retention, Transfer, Treatment, etc., of Persons Transfer... - (a) Any respondent involuntarily committed by the probate court to...
Section 22-52-14 - Payment of Costs. - In any commitment proceeding, the fees of any attorney appointed...
Section 22-52-15 - Appeals. - An appeal from an order of the probate court granting...
Section 22-52-16 - Applicability of Article. - This article does not apply to commitment to the custody...
Section 22-52-17 - Public Facilities Other Than Department of Mental Health Not Required to Perform Mental Evaluations; Exceptions. - Notwithstanding any other language in this article, the following limitations...
Article 2 - Commitment, Recommitment or Continuation in Custody of State of Certain Persons.
Section 22-52-30 - Definitions. - When used in this article, the following terms shall have...
Section 22-52-31 - Proceedings for Civil Commitment of Persons Accused of Crimes, Committed to Custody of Department of Mental Health and Determined to Be Unable to Attain Capacity to Proceed to Trial in Foreseeable Future; Effect of Such Civil Commi... - (a) Upon certification by the superintendent of Bryce or Searcy...
Section 22-52-32 - Proceedings Where Persons Accused of Crimes and Committed to Custody of Department of Mental Health Found Competent to Stand Trial or Charges Nolle Prossed or Dismissed. - Where the superintendent of Bryce or Searcy Hospital or any...
Section 22-52-33 - Proceedings for Civil Commitment of Persons in Custody of Department of Mental Health Who Have Been Adjudicated "Not Guilty by Reason of insanity." - Where any person who is currently in the custody of...
Section 22-52-34 - Proceedings for Reevaluation and Civil Commitment or Transfer of Certain Persons in Custody of Department of Mental Health. - (a) Where any person is in the custody of the...
Section 22-52-35 - Appointment of Special Probate Judges for Consideration, Hearing and Entry of Orders Pertaining to Commitment or Continued Custody of Certain Persons Committed or Transferred to Facilities of Department of Mental Health; Qualificat... - (a) Upon application of the commissioner or his designee, the...
Section 22-52-36 - Compensation of Special Probate Judges. - (a) There is hereby appropriated to the State Comptroller from...
Section 22-52-37 - Standards for Conduct of Civil Commitment Proceedings Generally; Minimum Standards for Civil Commitment; Appeals From Orders of Probate Courts as to Commitment. - (a) Any civil commitment proceedings are to be conducted in...
Article 3 - Admission, Discharge and Transfer of Mentally Retarded in State Institutions.
Section 22-52-50 - Definitions. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-51 - Observation and Diagnosis; Admission for Care; Preference in Admission. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-52 - Discharge of Individual Admitted Voluntarily - Generally. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-53 - Discharge of Individual Admitted Voluntarily - Request by Parent, Etc. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-54 - Reception on Court Order. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-55 - Proceedings for Court Order - Generally. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-56 - Proceedings for Court Order - Expenses. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-57 - Discharge and Leave. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-58 - Transfer of Individuals to Other Institutions. - Repealed by Act 2015-70 effective April 21, 2015.
Article 4 - Commitment of Mentally Ill Prisoners.
Section 22-52-70 - Procedure for Commitment to Mental Health Facility. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-71 - Prerequisites to Conveyance of Prisoner to Mental Health Facility. - Repealed by Act 2015-70 effective April 21, 2015.
Section 22-52-72 - Report of Recovery of Prisoners. - Repealed by Act 2015-70 effective April 21, 2015.
Article 5 - Temporary Custody of Alleged Mentally Ill Persons by Officers.
Section 22-52-90 - Definitions. - As used in this article, the following words and phrases...
Section 22-52-91 - Duty of Law Enforcement Officer, Community Mental Health Officer to Take Into Custody Alleged Mentally Ill Persons; Detention; Admission; Hearing. - THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022...
Section 22-52-92 - Applicability to Counties. - (a) This article shall not be applicable to any county...
Section 22-52-93 - Costs. - No county shall be required to pay costs associated with...
Chapter 53 - Support of Persons in State Mental Institutions.
Section 22-53-1 - Persons Liable for Support and Maintenance of Inmates. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-2 - Report by County Department of Pensions and Security. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-3 - Proceedings to Determine Liability. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-4 - Monthly Bill; Changes; Judgments. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-5 - Bond. - Repealed by Act 98-322, §1, effective April 16, 1998.
Article 2 - Reexamination of Financial Condition of Inmates and Relatives.
Section 22-53-20 - Liability for Payment for Care and Maintenance. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-21 - Reexamination of Nonpaying Inmates Required. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-22 - Jurisdiction to Determine Liability. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-23 - List of Nonpaying Inmates to Be Furnished to Probate Judges; Report by County Department of Pensions and Security. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-24 - Proceedings to Redetermine Liability. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-25 - Monthly Bill; Changes; Judgments for Payment. - Repealed by Act 98-322, §1, effective April 16, 1998.
Section 22-53-26 - Bond for Support. - Repealed by Act 98-322, §1, effective April 16, 1998.
Chapter 54 - Alabama Security Medical Facility.
Section 22-54-1 - Establishment Authorized; Facility to Be Under Jurisdiction of Department of Mental Health; Designation. - (a) The Alabama Department of Mental Health is hereby authorized...
Section 22-54-2 - Sources From Which Patients May Be Admitted to Facility. - (a) Patients admitted to the facility may originate from the...
Section 22-54-3 - Applications for Admission; When Applications for Admission Not to Be Accepted. - (a) All admissions to the facility shall be by written...
Section 22-54-4 - Return of Patients to Sources From Which Received; Institutions, Courts, etc., Referring Patients to Facility to Retain Constructive Jurisdiction Over Patients; Discharge of Patients; Applicability of Support, Commitment and Release... - (a) When a patient transferred to the facility from any...
Section 22-54-5 - Final Decision as to Admission or Discharge of Patients to Rest With Superintendent of Facility. - The final decision regarding admission and discharge of patients shall...
Chapter 55 - Interstate Compact on Mental Health.
Section 22-55-1 - Enactment of Compact; Terms. - The Interstate Compact on Mental Health is hereby enacted into...
Section 22-55-2 - Designation of Compact Administrator; Powers and Duties Thereof Generally. - Pursuant to said compact, the state mental health officer shall...
Section 22-55-3 - Power of Compact Administrator to Enter Into Supplementary Agreements With Officials of Other States. - The compact administrator is hereby authorized and empowered to enter...
Section 22-55-4 - Payment of Financial Obligations of State Under Compact or Supplementary Agreements Entered Into Thereunder. - The compact administrator, subject to the approval of the director...
Chapter 56 - Mental Health Consumers' Rights Act.
Section 22-56-1 - Short Title. - This chapter shall be known and may be cited as...
Section 22-56-2 - Definitions. - As used in this chapter, the following terms shall have...
Section 22-56-3 - Legislative Declarations. - The Legislature declares that mental health services shall be individualized,...
Section 22-56-4 - Rights. - (a) Consumers of mental health services have the same general...
Section 22-56-5 - Department to Establish Official Standards for Certification. - In order to ensure that consumers of mental health services...
Section 22-56-6 - Abuse, Exploitation, Neglect - Penalties; Reporting to Agencies. - Any provider who abuses, exploits, or neglects a consumer in...
Section 22-56-7 - Abuse, Exploitation, Neglect - Providers to Implement Written Policies and Procedures. - All providers of mental health services in Alabama shall develop...
Section 22-56-8 - Effect of Chapter on Established Standards of Medical Care; Applicability of Written Policies and Procedures. - This chapter shall not be interpreted or construed to alter,...
Section 22-56-9 - Construction With Other Law. - This chapter shall not override any provisions of the Adult...
Section 22-56-10 - No Reduction or Expansion of Rights Beyond Rights Guaranteed Other Persons. - Provided that nothing in this chapter shall reduce or expand...
Chapter 57 - Autism Support Act.
Article 1 - Autism Support Act.
Section 22-57-1 - Short Title. - This article shall be known and may be cited as...
Section 22-57-2 - Legislative Findings. - The Legislature finds and declares the following: (1) The Centers...
Section 22-57-3 - Definitions. - For purposes of this article, the following terms shall have...
Section 22-57-4 - Alabama Interagency Autism Coordinating Council - Composition. - (a) The composition of the council shall reflect the racial,...
Section 22-57-5 - Alabama Interagency Autism Coordinating Council - Powers and Duties. - The council shall have the following duties and authority: (1)...
Section 22-57-6 - Monitoring of Council Activities. - The lead agency shall be responsible for the general administration,...
Section 22-57-7 - Implementation of Article. - The implementation of this article shall be subject to the...
Section 22-57-8 - Construction of Article. - Nothing in this article shall be construed as authorizing or...
Article 2 - Autism Centers.
Section 22-57-20 - Establishment of Regional Autism Centers; Constituency Board; Rules and Regulations. - (a)(1) There is established in determined geographic regions of the...