There is a newer version of the Code of Alabama
2009 Alabama Code
Title 22 — HEALTH, MENTAL HEALTH, AND ENVIRONMENTAL CONTROL.
Title 2 — MENTAL HEALTH.
- Chapter 50 DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION; BOARD OF TRUSTEES.
- Article 1 General Provisions.
- Section 22-50-1 Definitions.
- Section 22-50-2 Department - Created; composition; divisions; offices.
- Section 22-50-2.1 Department - Name changed; transition period.
- Section 22-50-3 Department - Disposition of fees, receipts and income.
- Section 22-50-4 Department - Public corporation.
- Section 22-50-5 Board of trustees - Membership; officers; initial appointments; terms.
- Section 22-50-6 Board of trustees - Subsequent appointments to board; vacancies.
- Section 22-50-8 Board of trustees - Expenses of trustees.
- Section 22-50-9 Department - Powers generally.
- Section 22-50-10 Department - Termination of Alabama Mental Health Board; transfer of authority to department.
- Section 22-50-11 Department - Additional and cumulative powers.
- Section 22-50-12 Department - Legal division.
- Section 22-50-13 Department - Annual report.
- Section 22-50-14 Department - Requests for budget funds.
- Section 22-50-15 Funds for essential functions.
- Section 22-50-16 Mental Health and Mental Retardation Commissioner.
- Section 22-50-17 Certificate or license required to operate facility for care or treatment of mental or emotional illness or services to mentally retarded.
- Section 22-50-18 Commitment and release of incompetents, etc.
- Section 22-50-19 Judicial review of final order or decision by department.
- Section 22-50-20 Forms.
- Section 22-50-21 Police officers for state mental health facilities or hospitals.
- Section 22-50-22 Exemption of superintendent and physician of state mental health facilities from attending as witnesses.
- Section 22-50-23 Penalties for violation of chapter, etc.
- Section 22-50-24 Repeal of conflicting laws; certain laws not repealed.
- 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.
- Article 2 Personnel Policies and Salary Schedules.
- Section 22-50-40 Authority to establish personnel policies and salary schedules.
- Section 22-50-41 Personnel policies - Inclusion or continuation of positions under Merit System.
- Section 22-50-42 Personnel policies - Continuation of positions not under Merit System.
- Section 22-50-43 Conflicting provisions of Section 22-50-11 repealed.
- Article 3 Information, Records and Research Data.
- Section 22-50-60 Purpose of article.
- Section 22-50-61 Authority to receive data for research.
- Section 22-50-62 Disclosure of information.
- Article 4 Dementia Education and Training.
- Section 22-50-70 Short title.
- Section 22-50-71 Legislative findings.
- Section 22-50-72 Development of educational programs and services for Alzheimer's disease; instructors and training.
- Section 22-50-73 Promulgation of rules and regulations.
- Section 22-50-74 Appropriation of funding; fees.
- Article 5 Criminal History Background Information Regarding Direct Care Providers.
- Chapter 51 REGIONAL MENTAL HEALTH PROGRAMS AND FACILITIES.
- Section 22-51-1 Definitions.
- Section 22-51-2 Incorporation of public corporations - Authorized.
- Section 22-51-3 Incorporation of public corporations - Application - Contents.
- Section 22-51-4 Incorporation of public corporations - Application - Approval.
- Section 22-51-5 Incorporation of public corporations - Certificate of incorporation - Contents.
- Section 22-51-6 Incorporation of public corporations - Certificate of incorporation - Execution and recording.
- Section 22-51-7 Incorporation of public corporations - Certificate of incorporation - Amendments.
- Section 22-51-8 Board of directors - Composition; appointment, qualifications, terms and compensation of members; vacancies; executive committee.
- Section 22-51-9 Board of directors - Meetings; quorum; constitution and bylaws.
- Section 22-51-10 Professional advisory committee.
- Section 22-51-11 Powers of corporation.
- Section 22-51-12 Control of facilities and programs.
- Section 22-51-13 Taxation exemption.
- Section 22-51-14 Appropriations by local governing bodies.
- 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.
- Section 22-52-1.2 Filing and contents of petition seeking involuntary commitment of another.
- Section 22-52-2 Review of petition by probate judge; examination of petitioner; dismissal of petition without further proceedings.
- Section 22-52-3 Service of petition and order setting petition for hearing upon person sought to be committed; contents of notice.
- 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.
- 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.
- Section 22-52-6 Notification of Department of Mental Health and Mental Retardation or other public facility of petition, date of final hearing, etc.
- 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.
- Section 22-52-8 Holding of probable cause and final hearings generally.
- Section 22-52-9 Conduct of hearings.
- Section 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition.
- Section 22-52-10.2 Findings necessary for outpatient treatment.
- Section 22-52-10.3 Order for outpatient treatment.
- Section 22-52-10.4 Findings necessary for inpatient treatment; order when no treatment available.
- Section 22-52-10.5 Facilities for inpatient treatment; length of treatment; cost.
- Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special judge; notice; hearing.
- Section 22-52-10.7 Transfer to another facility.
- 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.
- Section 22-52-11 Retention of jurisdiction by probate court over person committed.
- Section 22-52-12 Conveyance of person committed to facility; expenses of conveyance.
- Section 22-52-12.1 Designated mental health facilities; standards of care.
- Section 22-52-12.2 Renewal petition time limit for certain patients.
- 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 transferred thereto, etc.; effect of foreign judgments or orders of commitment committing persons to Veterans Administration or other federal agency.
- Section 22-52-14 Payment of costs.
- Section 22-52-15 Appeals.
- Section 22-52-16 Applicability of article.
- Section 22-52-17 Public facilities other than Department of Mental Health and Mental Retardation not required to perform mental evaluations; exceptions.
- Article 2 Commitment, Recommitment or Continuation in Custody of State of Certain Persons.
- Section 22-52-30 Definitions.
- Section 22-52-31 Proceedings for civil commitment of persons accused of crimes, committed to custody of Department of Mental Health and Mental Retardation and determined to be unable to attain capacity to proceed to trial in foreseeable future; effect of such civil commitment upon statute of limitations, etc.
- Section 22-52-32 Proceedings where persons accused of crimes and committed to custody of Department of Mental Health and Mental Retardation found competent to stand trial or charges nolle prossed or dismissed.
- Section 22-52-33 Proceedings for civil commitment of persons in custody of Department of Mental Health and Mental Retardation who have been adjudicated "not guilty by reason of insanity."
- Section 22-52-34 Proceedings for reevaluation and civil commitment or transfer of certain persons in custody of Department of Mental Health and Mental Retardation.
- 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 and Mental Retardation; qualifications, powers, etc., of special probate judges; conduct of hearings by special probate judges generally.
- Section 22-52-36 Compensation of special probate judges.
- 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.
- Article 3 Admission, Discharge and Transfer of Mentally Retarded in State Institutions.
- Section 22-52-50 Definitions.
- Section 22-52-51 Observation and diagnosis; admission for care; preference in admission.
- Section 22-52-52 Discharge of individual admitted voluntarily - Generally.
- Section 22-52-53 Discharge of individual admitted voluntarily - Request by parent, etc.
- Section 22-52-54 Reception on court order.
- Section 22-52-55 Proceedings for court order - Generally.
- Section 22-52-56 Proceedings for court order - Expenses.
- Section 22-52-57 Discharge and leave.
- Section 22-52-58 Transfer of individuals to other institutions.
- Article 4 Commitment of Mentally Ill Prisoners.
- Section 22-52-70 Procedure for commitment to mental health facility.
- Section 22-52-71 Prerequisites to conveyance of prisoner to mental health facility.
- Section 22-52-72 Report of recovery of prisoners.
- Article 5 Temporary Custody of Alleged Mentally Ill Persons by Officers.
- Chapter 53 SUPPORT OF PERSONS IN STATE MENTAL INSTITUTIONS.
- Article 1 General Provisions.
- Section 22-53-1 Persons liable for support and maintenance of inmates.
- Section 22-53-2 Report by county department of pensions and security.
- Section 22-53-3 Proceedings to determine liability.
- Section 22-53-4 Monthly bill; changes; judgments.
- Section 22-53-5 Bond.
- Article 2 Reexamination of Financial Condition of Inmates and Relatives.
- Section 22-53-20 Liability for payment for care and maintenance.
- Section 22-53-21 Reexamination of nonpaying inmates required.
- Section 22-53-22 Jurisdiction to determine liability.
- Section 22-53-23 List of nonpaying inmates to be furnished to probate judges; report by county department of pensions and security.
- Section 22-53-24 Proceedings to redetermine liability.
- Section 22-53-25 Monthly bill; changes; judgments for payment.
- Section 22-53-26 Bond for support.
- Chapter 54 ALABAMA SECURITY MEDICAL FACILITY.
- Section 22-54-1 Establishment authorized; facility to be under jurisdiction of Department of Mental Health and Mental Retardation; designation.
- Section 22-54-2 Sources from which patients may be admitted to facility.
- Section 22-54-3 Applications for admission; when applications for admission not to be accepted.
- 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 statutes to patients at facility.
- Section 22-54-5 Final decision as to admission or discharge of patients to rest with superintendent of facility.
- Chapter 55 INTERSTATE COMPACT ON MENTAL HEALTH.
- Section 22-55-1 Enactment of compact; terms.
- Section 22-55-2 Designation of compact administrator; powers and duties thereof generally.
- Section 22-55-3 Power of compact administrator to enter into supplementary agreements with officials of other states.
- Section 22-55-4 Payment of financial obligations of state under compact or supplementary agreements entered into thereunder.
- Chapter 56 MENTAL HEALTH CONSUMERS' RIGHTS ACT.
- Section 22-56-1 Short title.
- Section 22-56-2 Definitions.
- Section 22-56-3 Legislative declarations.
- Section 22-56-4 Rights.
- Section 22-56-5 Department to establish official standards for certification.
- Section 22-56-6 Abuse, exploitation, neglect - Penalties; reporting to agencies.
- Section 22-56-7 Abuse, exploitation, neglect - Providers to implement written policies and procedures.
- Section 22-56-8 Effect of chapter on established standards of medical care; applicability of written policies and procedures.
- Section 22-56-9 Construction with other law.
- Section 22-56-10 No reduction or expansion of rights beyond rights guaranteed other persons.
- Chapter 57 AUTISM SUPPORT ACT.
- Article 1 Autism Support Act.
- Section 22-57-1 Short title.
- Section 22-57-2 Legislative findings.
- Section 22-57-3 Definitions.
- Section 22-57-4 Alabama Interagency Autism Coordinating Council - Composition.
- Section 22-57-5 Alabama Interagency Autism Coordinating Council - Powers and duties.
- Section 22-57-6 Monitoring of council activities.
- Section 22-57-7 Implementation of article.
- Section 22-57-8 Construction of article.
- Article 2 Autism Centers.
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