Ala. Admin. Code r. 420-1-5-.09

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-1-5-.09 - State Health Orders

(1) Pursuant to Code of Ala. 1975, §22-2-2(6), the State Board of Health is authorized to adopt and promulgate rules and regulations providing proper methods and details for administering the health and quarantine laws of the state. State law, Code of Ala. 1975, §§22-2-5 and 22-2-8, further delegates this authority to the State Committee of Public Health and to the State Health Officer.

(2) No emergency rule adopted pursuant Code of Ala. 1975, §41-22-5(b), order, or other directive relating to containment or mitigation measures to address a disease outbreak that is generally applicable to the public at large, or to businesses, entities, or institutions, shall be effective unless it is first approved by the Governor and a copy filed in the Office of the Secretary of State.

(3) Paragraph (2) shall not prohibit or restrict the State Health Officer from issuing individualized directives or orders to persons or businesses for violations of state law and/or rules adopted by the State Board of Health, or closure of certain state waters for oyster harvesting. Individualized directives or orders to persons or businesses include:

(a) Emergency suspensions or proposed revocations of permits, licenses, or authorizations to engage in activities governed by state law and/or State Board of Health rules;

(b) Fines issued for violations of state law and/or State Board of Health rules;

(c) Directives to destroy adulterated or contaminated food, milk, or milk products;

(d) Directives to abate insanitary conditions caused or maintained by an individual or business which are, or are likely to become, menaces to public health; and

(e) Quarantine and isolation orders issued to persons having, or suspected of having, a communicable disease.

(4) The State Health Officer shall report emergency rules, orders, or directives he or she issues to the State Committee of Public Health at its next meeting after such action is taken, and such action shall then be subject to confirmation or modification by the Committee.

Ala. Admin. Code r. 420-1-5-.09

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Author: P. Brian Hale

Statutory Authority:Code of Ala. 1975, §§ 22-2-2, 22-2-5, 22-2-8, 41-22-4.