SB 128 — Public Health Department State Board of Health, entity abolished and duties transferred to State Committee of Public Health; membership of committee revised; State Health Officer duties and qualifications revised

SB128 ENGROSSEDENROLLED SB128 J324YNY-28P8B2HH-2 By Senator Melson RFD:

20-Feb-24 Page 0 SB128 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the Alabama Department of Public Health;

Sections 22-1-1, 22-2-1, 22-2-4, 22-2-5, Page 1 SB128 Engrossed 22-2-6, and 22-2-8, Code of Alabama 1975, are amended to read as follows:

"§22-1-1 For the purposes of this title, the phrase "State Health Department"code, the Alabama Department of Public Page 1 SB128 Enrolled Health shall mean the State Board of Health or the State Committee of Public Health, when acting for the State Board of Health." "§22-2-1 The Medical Association of the State of Alabama, as constituted under the laws now in force or which hereafter may be in force, is the The State Board of Health is abolished.

All powers and duties of the State Board of Health, as those powers and duties exist on September 30, 2024, are conferred upon the State Committee of Public Health created under Section 22-2-4, and the State Committee of Public Health shall act as the State Board of Health for purposes of this code." "§22-2-4 (a) There is hereby created a State Committee of Public Health.Health which, until May 1, 2025, shall be composed of 12 members of the board of censors of the Medical Association of the State of Alabama and the chairman chair of the four councils which are created in Section 22-2-9.

whichThe shallmedical bedoctor composed of 12 members of the boardcommittee ofshall censorsbe ofselected by the MedicalState AssociationBoard of theHealth, Stateone offrom Alabamaeach andof the chairmanUnited BeginningStates Octobercongressional 1,districts 2024,and the committeeremainder shallfrom consistthe of:state at large.

(1)(b) TheBeginning chairsMay of1, 2025, the fourState councilsCommittee whichof arePublic createdHealth inshall Sectionconsist 22-2-9;of:

(2)(1) TheEleven Governorphysicians orappointed hisby orthe herMedical designee;Association of the State of Alabama, consisting of one from each congressional district of the state and four at-large physicians, two of whom shall serve a one-year term and two of Page 2 SB128 Enrolled whom shall serve a two-year term;

(3)(2) One physician from each Congressional district appointed by the MedicalAlabama Association of the State Society of Alabama;.Anesthesiologists;

Pageand 2(3) SB128 Engrossed The medicalchair doctor members of the committee shall be selected by the State Board of Health, one from each of the Unitedfour Statescouncils congressionalcreated districtsin andSection the22-2-9. remainder from the state at large.

(4)(c) OneBeginning physicianMay appointed1, by2026, the AlabamaState MedicalCommittee Directorsof Association;Public Health shall consist of:

(5)(1) OneNine physicianphysicians appointed by the AlabamaMedical Association of the State Societyof Alabama, consisting of Anesthesiologists;one from each congressional district of the state and two at-large physicians;

and(2) (6)One Two physicians practicing medicine in rural areas, one physician appointed by the Alabama AcademyState ofSociety Family Physicians, and the other physician being an obstetrician-gynecologist appointed by the Alabama Chapter of theAnesthesiologists; American College of Obstetricians and Gynecologists.

(b)(3) AllOne physician membersappointed of the State Committee of Public Health shall be residents of this state and shall be licensed to practice medicine by the MedicalAlabama LicensureAcademy Commission of Alabama.Family Physicians;

(c)(4) AOne majorityphysician ofappointed by the membershipAlabama Chapter of the StateAmerican CommitteeCollege of PublicObstetricians Health shall elect a chairman and vice-chairmanGynecologists; chair and a vice-chair to serve one term of four years.

and (5) The chair of each of the four councils created in Section 22-2-9.

(d) Beginning May 1, 2027, the State Committee of Public Health shall consist of:

(1) One physician from each congressional district of the state appointed by the Medical Association of the State of Alabama;

(2) One physician appointed at-large by the Medical Association of the State of Alabama from its Minority Physicians Section;

(3) One physician appointed by the Alabama State Page 3 SB128 Enrolled Society of Anesthesiologists;

(4) One physician appointed by the Alabama Academy of Family Physicians;

(5) One physician appointed by the Alabama Chapter of the American College of Obstetricians and Gynecologists;

(6) One physician appointed by the Alabama Medical Directors Association;

and (7) The chair of each of the four councils created in Section 22-2-9.

(e)(1) The Medical Association of the State of Alabama 95 shall stagger initial appointments so that no more than three members appointed from congressional districts shall be appointed to the committee in any one year.

(2) Beginning with all appointments made on or after May 1, 2025, appointed members of the State Committee of Public Health, except as provided in subdivision (1) and the at-large members in subdivision (b)(1), shall serve a term of three years.

All members shall be eligible for reappointment, but may not serve more than two additional terms.

(f) All physician members of the State Committee of Public Health shall be residents of this state and shall be licensed to practice medicine by the Medical Licensure Commission of Alabama.

(g) The appointing authorities shall coordinate their appointments to assure the membership of the State Committee of Public Health is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(h) A majority of the membership of the State Committee Page 4 SB128 Enrolled of Public Health shall elect a chairman and vice-chairman chair and a vice-chair to serve one term of four years;

provided, however, the vice-chair elected to serve on or after May 1, 2025 shall serve a term of one year.

Beginning May 1, 2026, both the chair and vice-chair shall serve concurrently and shall each serve one term of three years.

Page(i) 3 SB128 Engrossed (d) The members of the committee shall receive per diem at a rate of $100.00 one hundred dollars ($100) per day or any portion thereof that such committee members shall be when in attendance at an official meeting or function of the committee.

In addition, each committee member shall receive reimbursement for subsistence and travel in accordance with state law for each day actively engaged in the duties of theirhis or her office." "§22-2-5 Whenever the words "State Board of Health" are used in 95 this title, or in any chapter or subsection thereof, said code, the words shall mean the "State Committee of Public Health," as created in Section 22-2-4, except when the State Board of Health is in actual session assembled.

The State Page 5 SB128 Enrolled Committee of Public Health, as constituted by this chapter, shall have and possess all the prerogatives and powers and duties heretofore prescribed by law for the State Board of Health and shall act for said board.

A majority of the members shall Page 4 SB128 Engrossed constitute a quorum.

The qualifications of this individual shall be determined by Page 6 SB128 Enrolled the State Committee of Public Health, which, at a minimum, shall include possession of a full, active, and unrestricted license to practice medicine in Alabama.

When the State Committee of Public Health is not in session, the State Health Officer, as executive officer of the Alabama Department of Public Health, shall act for said Page 5 SB128 Engrossed the committee and shall have and discharge all the prerogativespowers and duties of said the committee.

(2) If the Governor, Lieutenant Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate determine,determines, inand hisat orleast hertwo opinion,other of the aforementioned public officials agree, that the State Health Officer has taken an official action that exceeds the State Health Officer's statutory authority in a manner that demonstrates a willful disregard for the office, hethe oraforementioned shepublic officials in agreement may jointly Page 7 SB128 Enrolled petition the State Committee of Public Health to determine whether the State Health Officer should be disciplined and whether the official action should be modified, reversed, or affirmed.

(c) The State Health Officer shall exercise general supervision over county boards of health and county health officers and promptly report to said the county boards of health any delinquencies of official duty on the part of said a county health officers officer which may come to his or her knowledge., keep himself informed in regard to all diseases which may be in danger of invading the state (d) The State Health Officer shall stay informed with regard to an actual or potential outbreak of any disease Page 6 SB128 Engrossed affecting the state and, as far as authorized by law, take prompt measures to prevent such invasions an outbreak and keep the Governor and the Legislature informed as to the health conditions prevailing in the state, especially as to outbreaks of any of the diseases enumerated in Chapter 11 of this title11A, and submit to the Governor and Legislature such recommendations as he or she deems proper to control, such outbreaksprevent, or minimize the outbreak." Section 2.