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HB497 INTRODUCED
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HB497
5VXHS3M-1
By Representative Easterbrook
RFD: State Government
First Read: 24-Feb-26
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5VXHS3M-1 02/24/2026 OW (L)cr 2026-872
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First Read: 24-Feb-26
SYNOPSIS:
Under existing law, the Alabama Department of
Mental Health (ADMH) is authorized to establish
standards for its facilities and providers, and
pursuant to that authority, has established the ADMH
Division of Development Disabilities Community Incident
Prevention and Management System (IPMS), which sets
requirements for service providers certified by ADMH to
protect individuals receiving services for
developmental and intellectual disabilities.
This bill would establish critical incident type
classifications and provider reporting requirements for
certain incident types for use in the Division of
Developmental Disabilities Community Incident
Prevention and Management System.
This bill would require ADMH to adopt and amend
rules and policies as necessary for implementation.
This bill would also prohibit ADMH from
requiring or adopting more stringent incident reporting
requirements than the requirements provided for by this
act or by federal law or regulations.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to the Alabama Department of Mental Health
(ADMH); to establish critical incident type classifications
and provider reporting requirements for certain incident types
for use within the ADMH Division of Developmental Disabilities
Community Incident Prevention and Management System (IPMS); to
provide for implementation and adoption of the IPMS; and to
prohibit ADMH from adopting more stringent reporting
requirements in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) ADMH. The Alabama Department of Mental Health.
(2) CRITICAL INCIDENT. An occurrence or event, severe
in nature, scope, and potential consequences, involving a
recipient that warrants immediate action.
(3) ELECTRONIC MANAGEMENT SYSTEM. A web-based system
used to identify, report, investigate, resolve, track, and
trend critical incidents.
(4) ELOPEMENT. Occurs when a recipient cannot be
located and there is reason to believe the recipient may be
lost or in danger.
(5) EXPLOITATION. The expenditure, diminution, or use
of the property, assets, or resources of recipients subject to
protection under the Chapter 9 of Title 38, Code of Alabama
1975, without the express voluntary consent of that recipient
or legally authorized representative. The term includes, but
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HB497 INTRODUCED
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or legally authorized representative. The term includes, but
is not limited to, improperly requesting a recipient to
perform an employee's work responsibilities, services, or
tasks for the employee; requesting, taking, or receiving
money, gifts, or other personal possessions from a recipient;
or utilizing a recipient to engage in conduct with other
recipients which would be prohibited if performed by an
employee.
(6) LAW ENFORCEMENT INVOLVEMENT. Any situation where
law enforcement is called to request assistance for a
recipient who is exhibiting extreme behavior, to provide
notice of an accident, or to report a crime, and when no one
is arrested, charged, or incarcerated.
(7) MAJOR INJURY. Any observable and substantial injury
that is not considered a moderate injury and that results in
permanent or protracted impairment, such as a serious
fracture, a major wound requiring sutures, injury to an
internal organ, a burn, or a physical disfigurement of the
body, which typically require medical treatment and may result
in hospitalization.
(8) MEDICATION ERROR. Occurs when a recipient receives
a wrong medicine, wrong dose, medication given at a wrong
time, medication administered by a wrong route, or when the
medication is not given for the right purpose or if there is a
documentation error.
(9) MISTREATMENT. Any act or threat of intimidation,
harassment, or similar deed to cause harm or create the fear
of harm to a recipient. The term includes the willful or
reckless infliction of emotional or mental anguish or the use
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reckless infliction of emotional or mental anguish or the use
of a physical or chemical restraint, medication, or isolation
as punishment or as a substitute for treatment or care of a
recipient. The term also includes, but is not limited to,
using physical or non-verbal gestures as a means of
intimidation, withholding of or the threat of withholding
physical necessities or personal possessions as a means of
intimidation for control of the recipient, or making false
statements as a means of confusing, frightening, or badgering
the recipient.
(10) MODERATE INJURY. Any observable and substantial
impairment of a recipient's physical health requiring medical
treatment that is not considered a major injury and that does
not cause a substantial risk of death, a permanent
disfigurement, or a protracted loss or impairment of the
function of a bodily member or organ. The term includes, but
is not limited to, superficial fractures and wounds requiring
sutures that do not result in permanent disfigurement.
(11) NEGLECT. The intentional or unintentional failure
of a provider to provide food, shelter, clothing, medical
services, supervision, or basic needs for safety for a
recipient who is unable to care for himself or herself. The
term includes self-neglect.
(12) PEER-TO-PEER PHYSICAL ASSAULT. A type of physical
abuse in which two or more recipients engage in intentional,
reckless, or aggressive behavior that results in a moderate or
major injury to another recipient.
(13) PEER-TO-PEER SEXUAL ASSAULT. A type of sexual
abuse wherein two or more recipients engage in unwanted or
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abuse wherein two or more recipients engage in unwanted or
non-consensual sexual contact or activity.
(14) PHYSICAL ABUSE. The intentional infliction of
physical pain, injury, or willful deprivation of services
necessary to maintain physical and mental health by a provider
or provider employee to a recipient. The term shall include,
but not be limited to, hitting, kicking, pinching, slapping,
or otherwise striking a recipient, and the use of excessive
force regardless of whether an injury results.
(15) PROVIDER. Any individual, agency, organization,
contractor, or group certified by ADMH to offer services for
individuals with developmental and intellectual disabilities
through ADMH Division of Developmental Disabilities.
(16) RECIPIENT. An individual with developmental or
intellectual disabilities who receives services from a
provider.
(17) RESTRICTIVE INTERVENTION. Any use of physical,
mechanical, or chemical restraints to immobilize or reduce the
ability of a recipient to move his or her arms, legs, body, or
head freely.
(18) RIGHTS VIOLATION. The unlawful interference,
denial, or infringement of a recipient's fundamental freedoms
and legal entitlements, including discrimination and
retaliation.
(19) SECLUSION. The involuntary confinement of a
recipient alone in a room or an area where the recipient is
physically prevented from leaving.
(20) SELF-NEGLECT. A type of neglect in which the
recipient fails to provide for his or her own basic needs when
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recipient fails to provide for his or her own basic needs when
the failure is the result of the recipient's mental or
physical inability, and the failure substantially endangers a
recipient's health, safety, welfare, or life.
(21) SERVICES. Supports provided for recipients living
with developmental and intellectual disabilities that are
designed to meet the needs of the recipient and are part of a
coordinated system of care.
(22) SEXUAL ABUSE. Any offense under Article 4, Chapter
6, Title 13A, Code of Alabama 1975, which is perpetrated by
anyone. The term includes, but is not limited to, unwanted or
non-consensual sexual contact or activity using force,
coercion or threats, rape, incest, sodomy, and indecent
exposure.
(23) SUICIDE ATTEMPT. An act committed by a recipient
in an attempt to cause his or her own death, limited to the
actual occurrence of an act. The term does not include verbal
suicidal threats by a recipient.
(24) UNEXPLAINED OR UNEXPECTED DEATH. The permanent
suspension of consciousness and the end of life due to an
unknown or unanticipated cause. At a minimum, unanticipated
causes include those that resulted from suicide, homicide or
other criminal activity, medical error or complications,
undiagnosed conditions or accidents, or those that were
suspicious for possible abuse or neglect.
(25) VERBAL ABUSE. The infliction of disparaging and
angry outbursts such as name calling, blaming, threatening, or
making derogatory comments that demean or could reasonably be
expected to cause shame, ridicule, humiliation, or emotional
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expected to cause shame, ridicule, humiliation, or emotional
distress.
(b) The ADMH Division of Developmental Disabilities
shall establish and maintain a Community Incident Prevention
and Management System (IPMS) that provides guidance for
providers for the implementation of an incident prevention and
management system to protect recipients from potential harm.
(c) The ADMH Division of Developmental Disabilities
shall design the IPMS to classify all of the following as
critical incidents:
(1) Mistreatment, including emotional and psychological
abuse.
(2) Physical and sexual abuse.
(3) Verbal Abuse.
(4) Peer-to-peer physical and sexual assault.
(5) Elopement.
(6) Unexplained or unexpected death.
(7) Exploitation.
(8) Major injury.
(9) Law enforcement involvement.
(10) Medication error resulting in consultation with
poison control, an emergency room visit, urgent care,
hospitalization, or death.
(11) Neglect.
(12) Rights violation.
(13) The misuse or unauthorized use of restrictive
intervention or seclusion.
(14) Suicide attempt.
(d) The ADMH Division of Developmental Disabilities
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(d) The ADMH Division of Developmental Disabilities
shall also design the IPMS to include the following provider
reporting requirements:
(1) Incident reports of critical incident types must be
reported to the ADMH Regional Office or another entity as
designated by ADMH within 24 hours of when the provider
becomes aware of the incident.
(2) All other incident types not included in subsection
(c) must be submitted at least quarterly to the electronic
incident management system as designated by ADMH.
(e) ADMH shall adopt rules and policies to implement
and administer this section, but may not require or adopt more
stringent reporting requirements for critical incidents than
the requirements provided for by this section, unless federal
law or regulations so require.
Section 2. This act shall become effective on October
1, 2026.
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