HB318 Alabama 2011 Session

Summary

Primary Sponsor

Jim McClendon

Republican

Co-Sponsors

Howard SanderfordMac Buttram

Session

Regular Session 2011

Title

Home Medical Equipment Services Providers, Board of, name changed to Home Medical Equipment, Board of, duties revised, licensure and regulation, disciplinary hearings, administrative fines, injunctions, penalties, Secs. 34-14C-1, 34-14C-2, 34-14C-4, 34-14C-4.1, 34-14C-6, 34-14C-8 am'd.; Act 2010-148, 2010 Reg. Sess. am'd.

Summary

HB318 renames the Home Medical Equipment Services Providers Board to the Board of Home Medical Equipment and expands licensing, enforcement, and oversight of providers.

What This Bill Does

It changes the board’s name and allows it to hire staff, adopt a seal, and set fees. It requires all home medical equipment services providers to be licensed, with rules for renewal and a provisional license option for initial noncompliance. The board may deny, suspend, or revoke licenses, hold disciplinary hearings, and impose fines, injunctions, and other penalties. It also authorizes inspections of both in-state and out-of-state providers and outlines licensure, inspection, and appeals processes.

Who It Affects

• Home medical equipment services providers and their businesses (must obtain and renew licenses, may be inspected, and can face fines or license actions for violations).
• Residents and their families who rely on home medical equipment services (gain stronger oversight and enforcement to protect safety and service quality).

Key Provisions

• Rename the board to the Board of Home Medical Equipment.
• Allow the board to remove members, hire an administrator and other staff, adopt a seal, and set reasonable fees.
• Make it illegal to provide home medical equipment services without a license and establish rules for late renewal and renewing a lapsed license.
• Let the board deny, suspend, or revoke licenses, hold disciplinary hearings, and issue administrative fines, injunctions, and other penalties.
• Define key terms: board, home medical equipment, home medical equipment services, and provider.
• Require annual licenses for providers and a license for each location; out-of-state providers must have a physical location and may be inspected.
• License becomes effective when standards are met; licenses must be displayed at each licensed location; renewal rules include a grace period and lapse handling.
• Provide for provisional licenses for providers who initially fail to meet standards and require a reinspection.
• Allow pre-licensing and renewal inspections; permit out-of-state inspections; establish inspection standards and fees.
• Authorize the board to establish and collect inspection and related fees to offset costs.
• List grounds for discipline including felony or moral turpitude, ethics violations, fraud, and other just causes.
• Set hearing procedures including notice, service, informal resolution, and Montgomery County location for hearings.
• Impose penalties such as up to $1,000 per day for unlicensed operation; allow injunctions and civil penalties up to $50 per day; provide for a Class A misdemeanor upon conviction with appeals to Circuit Court.
• Maintain the board under the Alabama Sunset Law with periodic review.
• Note that the bill may involve local funds but provides constitutional exceptions and allows cost offsets via fees.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Home Medical Equipment Services Providers, Board of