Section 38-9C-1 – Short Title.
Section 38-9C-1 Short title. This chapter shall be known and may be cited as “The Alabama Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury.” (Acts 1995, No. 95-690, p. 1502, §1.)
Section 38-9C-2 – Legislative Findings.
Section 38-9C-2 Legislative findings. The Legislature finds that services to persons with developmental disabilities and traumatic brain injury must be based on individual need, provided by appropriately qualified individuals, and available to persons with developmental disabilities in community environments. Services should be provided in a way which is normalizing as well as respectful of the […]
Section 38-9C-3 – Definitions.
Section 38-9C-3 Definitions. As used in this chapter, the following words shall have the following meanings: (1) DEVELOPMENTAL DISABILITY. A disability that includes the following items: a. Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments. b. Is manifested before the individual attains age 22 except […]
Section 38-9C-4 – Rights.
Section 38-9C-4 Rights. The rights of persons with developmental disabilities and traumatic brain injury include, but are not limited to, all of the following: (1) The right to exercise the rights of citizens of the United States and the State of Alabama. (2) The right to access a full array of services appropriate for them […]
Section 38-9C-5 – Providers Who Contract With Agencies or Programs Required to Develop Written Policies to Ensure Rights.
Section 38-9C-5 Providers who contract with agencies or programs required to develop written policies to ensure rights. All providers who contract or subcontract with any federal, state, or local agency or program to provide services in the State of Alabama to persons with developmental disabilities or traumatic brain injury in Alabama shall develop and implement […]
Section 38-9C-6 – Construction With Other Law.
Section 38-9C-6 Construction with other law. This chapter shall not override or repeal any provisions of the Adult Protective Services Act pursuant to Section 38-9-1 et seq., or the Child Abuse Reporting Act pursuant to Section 26-14-1 et seq., and shall be read in pari materia with those provisions. (Acts 1995, No. 95-690, p. 1502, […]
Section 38-9C-7 – Effect of Chapter on Established Standards of Medical Care; Application of Written Policies Requirement.
Section 38-9C-7 Effect of chapter on established standards of medical care; application of written policies requirement. This chapter shall not be interpreted or construed to alter, expand, or diminish established standards of medical care applicable to physicians licensed to practice medicine. Notwithstanding any provision of this chapter to the contrary, the requirement to develop and […]
Section 38-9C-8 – No Reduction or Expansion of Rights Beyond Rights Guaranteed Other Persons.
Section 38-9C-8 No reduction or expansion of rights beyond rights guaranteed other persons. Provided that nothing in this legislation shall be construed to reduce or expand the rights of persons with developmental disabilities or traumatic brain injuries beyond the rights guaranteed to any other person under the Constitution of the United States and the statutes […]