Ala. Admin. Code r. 420-5-7-.01

Current through Register Vol. 42, No. 7, April 30, 2024

Section 420-5-7-.01 - General Provisions

(1) Legal Authority for Adoption of Rules. The following rules for hospitals are adopted by the Alabama State Board of Health pursuant to § 22-21-20, et seq., Code of Ala. 1975.

(2) Definitions

(a) Authorized Bed Capacity means the number of beds a hospital has available for inpatient care. A hospital may by application designate its authorized bed capacity, not to exceed its licensed bed capacity. The term, "Authorized Bed Capacity," shall exclude beds intended for ancillary usage such as labor beds, recovery room beds and stretchers, and bassinets for newborn infants. The authorized bed capacity is also the maximum daily census that a hospital may have admitted in an in-patient capacity. A hospital shall at all times have in place the actual beds and all necessary ancillary equipment for individual patient care equal to the number of its authorized bed capacity. A hospital's authorized bed capacity may be the same as its licensed bed capacity, or it may be some smaller number, but its authorized bed capacity may never exceed its licensed bed capacity.

(b) Board or State Board of Health means the Alabama State Board of Health.

(c) Certified Registered Nurse Anesthetist (CRNA) means a registered nurse who meets the requirements and is approved by the Alabama Board of Nursing to practice as a CRNA.

(d) Clinical Psychologist means a person who holds a doctoral degree in psychology and who is currently licensed in Alabama at the independent practice level of psychology to furnish diagnostic, assessment, preventive, and therapeutic services directly to individuals.

(e) Department means the Alabama Department of Public Health.

(f) Governing Authority means owner(s), hospital association, county hospital board, board of directors, board of governors, board of trustees, or any other comparable designation of a body duly organized and constituted for the purpose of owning, acquiring, constructing, equipping, operating, and maintaining a hospital, and exercising control over the affairs of said hospital.

(g) Hospital means a health institution planned, organized, and maintained for offering to the public, facilities and beds for use in the diagnosis and treatment of patients requiring in-patient medical care, out-patient medical care, or other care performed by or under the supervision of physicians due to illness, disease, injury, deformity, abnormality, or pregnancy.

(h) License means the legal authority to operate a hospital as defined above, to admit patients, and to offer and provide care as permitted under these rules. A license may only be granted by the Board through the actions of its authorized agents.

(i) License Certificate means a document issued by the Department showing that the entity named on the document is licensed as a hospital. A license certificate shall contain the signature of the State Health Officer and other seals and markings designed to demonstrate its authenticity. The license certificate shall be posted in a conspicuous place on the hospital premises.

(j) Licensed Bed Capacity means the number of beds for which the facility has a certificate of need, and has been issued a certificate of licensure by the Department. The term "Licensed Bed Capacity" shall exclude beds intended for ancillary usage such as labor beds, recovery room beds and stretchers, and bassinets for newborn infants.

(k) Licensed Practical Nurse means a person who holds an active license issued by the Alabama Board of Nursing.

(l) Physician means a person currently licensed to practice medicine and/or surgery in Alabama under the provisions contained in current state statutes.

(m) Principal means an individual associated with a governing authority or a license applicant in any of the following capacities:

1. Administrator, or equivalent;

2. Chief Executive Officer, or equivalent;

3. Owner of a controlling interest in the governing authority, or, if the governing authority is a subsidiary of another business entity, owner of a controlling interest in the parent business entity;

4. If no person has a controlling interest in the governing authority or in a parent corporation of the governing authority, then an owner of ten percent or more of the governing authority or of any business entity of which the governing authority is a subsidiary.

(n) Registered Nurse means a person who holds an active license issued by the Alabama Board of Nursing.

Ala. Admin. Code r. 420-5-7-.01

Filed September 1, 1982. Amended: Filed March 20, 1992. Amended: Filed May 20, 1994, effective June 24, 1994. Repealed and New Rule: Filed November 18, 1994; effective December 23, 1994. Amended: Filed January 19, 1996; effective February 23, 1996. Amended: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: Filed August 24, 2012; effective September 28, 2012.

Authors: W. T. Geary, Jr., M.D., Carter Sims

Statutory Authority:Code of Ala. 1975, §§ 22-21-20, et seq.