1 SB240
2 207851-3
3 By Senators McClendon, Whatley, Albritton, Price, Chesteen,
4 Allen, Butler, Scofield, Livingston, Sessions, Williams,
5 Elliott, Orr, Marsh, Shelnutt, Gudger, Barfoot, Beasley and
6 Smitherman
7 RFD: Healthcare
8 First Read: 23-FEB-21
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1 207851-3:n:01/25/2021:PMG/bm LSA2020-1142
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8 SYNOPSIS: Under existing law, the Medical Association
9 of the State of Alabama is the State Board of
10 Health. The State Board of Health serves as the
11 Alabama Department of Public Health and appoints a
12 State Health Officer to preside over the State
13 Board of Health.
14 Under existing law, the State Committee of
15 Public Health is comprised of 12 members of the
16 Board of Censors of the Medical Association of the
17 State of Alabama plus four additional members. The
18 State Committee of Public Health acts as the State
19 Board of Health when the board is not in session.
20 Also under existing law, a county board of
21 health is comprised of the board of censors of
22 county medical societies affiliated with the
23 Medical Association of the State of Alabama.
24 This bill would abolish the State Board of
25 Health, including the position of State Health
26 Officer, and the State Committee of Public Health
27 under their current structure and membership and
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1 would reconstitute the Alabama Department of Public
2 Health, provide that all duties and
3 responsibilities of the State Board of Health are
4 duties of the department, and revise the
5 authorities granted to the department.
6 This bill would create the position of
7 Secretary of the Alabama Department of Public
8 Health to be appointed by and serve at the pleasure
9 of the Governor and would establish duties of the
10 secretary.
11 This bill would create the position of State
12 Medical Director and would establish duties of the
13 medical director.
14 This bill would establish a State Health
15 Advisory Board comprised of various health care
16 professionals appointed by the Governor and would
17 establish the duties of the advisory board.
18 This bill would revise the composition of
19 county boards of health and abolish the position of
20 county quarantine officer.
21 This bill would abolish the Council on
22 Dental Health; the Council on Animal and
23 Environmental Health; the Council on the Prevention
24 of Disease and Medical Care; and the Council on
25 Health Costs, Administration and Organization.
26 This bill would make technical changes to
27 reflect the terminology created by this act.
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1 This bill would also make nonsubstantive,
2 technical revisions to update the existing code
3 language to current style.
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5 A BILL
6 TO BE ENTITLED
7 AN ACT
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9 Relating to the Alabama Department of Public Health;
10 to redesignate Chapters 22 through 49 of Title 22 as Subtitle
11 2 of Title 22, and Chapters 50 through 57, inclusive, of Title
12 22 as Subtitle 3 of Title 22, Code of Alabama 1975; to amend
13 Sections 22-1-1, 22-1-3, 22-2-1, 22-2-2, 22-2-3, 22-2-4,
14 22-2-5, 22-2-6, 22-2-7, 22-2-8, 22-3-1, 22-11A-38, 22-22A-2,
15 22-29-1, 22-37A-2, 34-15-2, and 34-15-5, Code of Alabama 1975;
16 to repeal Sections 22-2-9, 22-2-10, 22-2-11, 22-2-12, 22-2-13,
17 and 22-3-8, Code of Alabama 1975; to abolish the State Board
18 of Health, the State Committee of Public Health, the position
19 of State Health Officer, the position of county quarantine
20 officer, the Council on Dental Health, the Council on Animal
21 and Environmental Health, the Council on the Prevention of
22 Disease and Medical Care, and the Council on Health Costs,
23 Administration and Organization; to reconstitute the Alabama
24 Department of Public Health and revise the duties and
25 responsibilities of the department; to create the position of
26 Secretary of the Alabama Department of Public Health to be
27 appointed by the Governor and provide for the duties of the
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1 secretary; to create the position of State Medical Director
2 and provide for the duties of the medical director; to
3 establish a State Health Advisory Board and provide for its
4 membership and duties; to revise the composition of county
5 boards of health; to make technical changes to reflect revised
6 terminology; and to make nonsubstantive, technical revisions
7 to update the existing code language to current style.
8 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
9 Section 1. Chapters 22 through 49 of Title 22, Code
10 of Alabama 1975, are redesignated as Subtitle 2 of Title 22,
11 and Chapters 50 through 57, inclusive, of Title 22, Code of
12 Alabama 1975, are redesignated as Subtitle 3 of Title 22.
13 Section 2. Sections 22-1-1 and 22-1-3, Code of
14 Alabama 1975, are amended to read as follows:
15 "22-1-1.
16 "For the purposes of this title, the phrase "State
17 Health Department" shall mean the State Board of Health or the
18 State Committee of Public Health, when acting for the State
19 Board of Health.
20 "As used in this title subtitle, the following terms
21 have the following meanings:
22 "(1) ADVISORY BOARD. The State Health Advisory Board
23 established under Section 22-2-4. Any reference to the State
24 Committee of Public Health means the State Health Advisory
25 Board.
26 "(2) COUNTY BOARD OF HEALTH. A county board of
27 health established pursuant to Section 22-3-1.
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1 "(3) DEPARTMENT. The Alabama Department of Public
2 Health. Any reference to the State Health Department, the
3 State Board of Health, or the Board of Health means the
4 Alabama Department of Public Health.
5 "(4) SECRETARY. The Secretary of the Alabama
6 Department of Public Health. Any reference to the State Health
7 Officer means the Secretary of the Alabama Department of
8 Public Health.
9 "22-1-3.
10 "No local board of health or other executive body
11 for the exercise of public health functions other than the a
12 county board of health shall be established or exist in any
13 county or municipality. No municipality shall have a municipal
14 health officer or other like officer. No board, body, or
15 organization or any official or person other individual,
16 acting or claiming to be under any federal authority or acting
17 without claim of federal or state authority, shall engage in
18 any public health work except under the supervision and
19 control of the State Board of Health Department of Public
20 Health."
21 Section 3. Section 22-2-1, Code of Alabama 1975, is
22 amended to read as follows:
23 "22-2-1.
24 "(a) The Effective until October 1, 2022, the
25 Medical Association of the State of Alabama, as constituted
26 under the laws now in force or which hereafter may be in
27 force, is the State Board of Health.
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1 "(b) Effective on October 1, 2022, the Alabama
2 Department of Public Health is reconstituted as the agency
3 responsible for administering this subtitle, and the State
4 Board of Health is abolished. On that date, the duties and
5 responsibilities of the State Board of Health as set forth in
6 law are deemed to be the duties and responsibilities of the
7 Alabama Department of Public Health, and any reference to the
8 State Board of Health means the Alabama Department of Public
9 Health."
10 Section 4. Section 22-2-2, Code of Alabama 1975, is
11 amended to read as follows:
12 "22-2-2.
13 "The State Board of Health department shall have
14 authority and jurisdiction safeguard and promote the health of
15 the residents of this state. The duties of the department
16 shall include, but not be limited to, all of the following:
17 "(1) To exercise general control over the
18 enforcement of the laws relating to public health this
19 subtitle.
20 "(2) To investigate the causes, modes or propagation
21 and means of prevention of and provide epidemiological
22 investigations and laboratory services in the detection and
23 control of diseases, disorders, and disabilities and to
24 provide research, conduct investigations, and disseminate
25 information concerning reduction in the incidence and proper
26 control of diseases, disorders, and disabilities.
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1 "(3) To investigate the influence of localities and
2 employment on the health of the people.
3 "(4)(3) To inspect all schools, hospitals, asylums,
4 jails, theatres, opera houses, courthouses, churches, public
5 halls, prisons, stockades where convicts are kept, markets,
6 dairies, milk depots, slaughter pens or houses, railroad
7 depots, railroad cars, street railroad cars, lines of
8 railroads and street railroads (including the territory
9 contiguous to said lines), industrial and manufacturing
10 establishments, offices, stores, banks, club houses, hotels,
11 rooming houses, residences and other places of like character,
12 and whenever insanitary conditions in any of these places,
13 institutions or establishments or conditions prejudicial to
14 health, or likely to become so, are found, proper steps shall
15 be taken by the proper authorities to have such conditions
16 corrected or abated. To enter into and inspect any residence
17 or public place at reasonable times to determine the presence
18 of conditions detrimental to health or to determine compliance
19 with health laws, rules, or standards, and if the department
20 finds that conditions exist that are or may be detrimental to
21 public health, the department shall direct the proper
22 authority to correct or abate the conditions.
23 "(5) (4) To examine the any source of supply, tanks,
24 reservoirs, pumping stations and avenues of conveyance
25 drinking water or any facility holding or conveying drinking
26 water, and whenever these waters are found polluted if the
27 department finds that drinking water is unsafe or conditions
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1 are discovered exist likely to bring about their pollution,
2 proper steps shall be taken by cause drinking water to be
3 unsafe, the department shall direct the proper authorities to
4 improve or correct conditions.
5 "(6) To adopt and promulgate rules and regulations
6 providing proper methods and details for administering the
7 health and quarantine laws of the state, which rules and
8 regulations shall have the force and effect of law and shall
9 be executed and enforced by the same courts, bodies,
10 officials, agents and employees as in the case of health laws,
11 and a quorum, as provided for by the constitution of the
12 medical association of the State of Alabama, shall be
13 competent to act.
14 "(7)(5) To exercise supervision and control over
15 county boards of health and over county health officers and
16 county quarantine officers in the enforcement of the public
17 health laws of the state this subtitle in their respective
18 counties, and whenever any such county board of health, or
19 county health officer or county quarantine officer shall fail
20 or refuse fails or refuses to discharge its or his or her
21 duties, said duties may be discharged by the State Board of
22 Health the department may discharge those duties until proper
23 arrangements are made to insure their discharge by said the
24 respective county board of health or said county health
25 officer or said county quarantine officer, as the case may be.
26 "(8) To act as an advisory board to the state in all
27 medical matters and matters of sanitation and public health."
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1 Section 5. Sections 22-2-3 and 22-2-4, Code of
2 Alabama 1975, are amended to read as follows:
3 "22-2-3.
4 "The State Board of Health shall submit to the
5 Governor an annual report of its transactions, in which report
6 recommendations as to needed health legislation may be
7 embodied.
8 "(a)(1) Effective October 1, 2022, the position of
9 Secretary of the Alabama Department of Public Health is
10 created, and the position of State Health Officer is
11 abolished. On that date, the duties and responsibilities of
12 the State Health Officer as set forth in law are deemed to be
13 the duties and responsibilities of the secretary, and any
14 reference to the State Health Officer means the Secretary of
15 the Alabama Department of Public Health.
16 "(2) The department shall be under the supervision
17 and control of the Secretary of the Alabama Department of
18 Public Health. The secretary shall be appointed by and hold
19 office at the pleasure of the Governor and shall serve until
20 his or her successor is appointed. The salary of the secretary
21 shall be set by the Governor and shall not be subject to
22 Section 36-6-6. The secretary shall have extensive experience
23 in the field of public health. The secretary shall be a member
24 of the Governor's Cabinet who shall advise the Governor on
25 matters of public health.
26 "(b) The secretary's responsibilities shall include,
27 but not be limited to, all of the following:
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1 "(1) Conduct studies and investigations, collect and
2 analyze health and vital data, and identify and describe
3 health problems.
4 "(2) Plan, facilitate, coordinate, provide, and
5 support programs for the prevention and control of illness and
6 disease and the limitation of disabilities.
7 "(3) Establish and enforce health standards for the
8 protection and promotion of the public's health, such as
9 quality of health care services, reporting of disease, and
10 regulation of health care facilities.
11 "(4) Improve the quality of public health and
12 general health care services by providing consultation and
13 technical training for health professionals and
14 paraprofessionals.
15 "(5) Promote personal health by conducting general
16 health education programs and disseminating health
17 information.
18 "(6) Coordinate and integrate local, state, and
19 federal programs and services affecting the public's health.
20 "(7) Continually assess and evaluate the
21 effectiveness and efficiency of health service systems and
22 public health programming efforts in the state.
23 "(8) Advise the Governor and Legislature on matters
24 relating to public health.
25 "(9) As authorized by law, take prompt measures to
26 control, prevent, minimize, or eliminate an outbreak of any
27 disease or epidemic and keep the Governor and Legislature
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1 informed as to the health conditions prevailing in the state,
2 including, but not limited to, outbreaks of any notifiable
3 diseases enumerated in Chapter 11A, and submit to the Governor
4 and Legislature recommendations he or she deems proper to
5 control, prevent, minimize, or eliminate an outbreak or
6 epidemic.
7 "(10) Recommend to the Legislature appropriate
8 changes in law necessary to carry out the mission of the
9 department and improve its performance.
10 "22-2-4.
11 "(a) There is hereby created a Effective until
12 October 1, 2022, the State Committee of Public Health which
13 shall be composed of 12 members of the board of censors of the
14 Medical Association of the State of Alabama and the chairman
15 chair of the four councils which that are created in Section
16 22-2-9. The medical doctor members of the committee shall be
17 selected by the State Board of Health, one from each of the
18 United States congressional districts and the remainder from
19 the state at large.
20 "(b) Effective October 1, 2022, the State Health
21 Advisory Board is created and the State Committee of Public
22 Health is abolished. Any reference to the State Committee of
23 Public Health means the State Health Advisory Board.
24 "(c) The advisory board shall consist of the
25 following members appointed by the Governor, with initial
26 members appointed not later than October 1, 2022:
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1 "(1) Two physicians, licensed under Chapter 24 of
2 Title 34, each of whom is appointed from a list of at least
3 two nominees for each position selected by the Board of
4 Medical Examiners. Initial terms shall be for five and three
5 years, respectively.
6 "(2) A licensed professional nurse and an advanced
7 practice nurse licensed under Chapter 21 of Title 34, each of
8 whom is appointed from a list of at least two nominees
9 selected by the Board of Nursing. Initial terms shall be for