Ala. Code § 34-1-9 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-9
Section 34-1-9 Registration of Firms of Public Accountants
Status: in_force

(a) A firm engaged in this state in the practice of public accounting may register with the board as a firm of public accountants provided it meets all of the following requirements:

(1) At least 51 percent of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to certified public accountants or public accountants of this state in good standing with a valid permit to practice. Although public accountant firms may include nonlicensee owners, the firm and its ownership must comply with rules promulgated by the board.

(2) Any public accountant firm as defined in this chapter may include nonlicensee owners provided that:

a. The firm designates a licensee of this state who is responsible for the proper registration of the firm and identifies that individual to the board.

b. All nonlicensee owners are active individual participants in the public accountant firm or affiliated entities.

c. A nonlicensee is prohibited from being an owner if they have previously held a license.

d. All nonlicensee owners shall register annually with the board, pay an annual registration fee in an amount determined by the board, and report the satisfaction of any annual continuing education requirements that the board may impose by rule on nonlicensee owners.

e. The firm complies with such other requirements as the board may impose by rule.

(3) Firms which fall out of compliance with this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time to take such corrective action. Failure to bring the firm back into compliance within a reasonable period of time as defined by the board will result in the suspension or revocation of the firm permit.

(b) Application for registration shall be made upon the affidavit of an owner of the firm who is a certified public accountant or public accountant of this state in good standing. The board shall in each case determine whether the firm is eligible for registration. A firm which is registered and which holds a permit issued under Section 34-1-11 may use the words “public accountants” or the abbreviation “P.A.’s” in connection with the name of the firm. Notification shall be given the board, within one month, after the admission to or withdrawal of an owner from any firm registered.
Ala. Code § 34-21-92 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-92
Section 34-21-92 Waiver of Requirements until Adoption of Rules and Regulations
Status: in_force

Until the State Board of Medical Examiners and the Board of Nursing adopt the rules and regulations necessary to effectuate the provisions of this article, the State Board of Medical Examiners and the Board of Nursing shall waive the requirements of Sections 34-21-84 and 34-21-85 and shall grant the appropriate certification to any nurse practitioner or nurse midwife who is currently certified or is eligible for certification to be a certified registered nurse practitioner or certified nurse midwife and will continue to engage in practice under the existing rules and regulations. Until the State Board of Medical Examiners and the Board of Nursing adopt the rules and regulations necessary to effectuate the provisions of this article, the State Board of Medical Examiners and the Board of Nursing shall waive the requirements of Sections 34-21-84 and 34-21-85 and shall grant the appropriate approval to a collaborating physician submitting a request for approval of a collaborative practice agreement. Notwithstanding the provisions of Section 15 of Acts 1995, No. 95-263, nurse practitioners and nurse midwives are prohibited from prescribing until final rules and regulations are adopted by the State Board of Medical Examiners and the Board of Nursing in accordance with Section 34-21-87.
Ala. Code § 34-8A-62 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-62
Section 34-8A-62 Date of Implementation of the Counseling Compact Commission and Associated Rules, Withdrawal, and Amendment
Status: in_force

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions which become effective at that time shall be limited to the powers granted to the commission relating to assembly and the adoption of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

(b) Any state that joins the compact subsequent to the commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

(c) Any member state may withdraw from this compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

(d) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.

(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Ala. Code § 34-22-4 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-4
Section 34-22-4 Limitation on Application of Chapter
Status: in_force

(a) It is not the intent of this chapter to prevent any school teacher, welfare worker, state, county, municipality, or other public board, body, agency, institution, or official from determining in the course of their official duties the probable need of visual services; provided, that the aforenamed person or agency does not attempt to examine, diagnose, prescribe, or recommend any particular practitioner and complies with the provisions of Section 38-1-2.

(b) A license to practice optometry shall not be required for the sale, preparation, or dispensing of eyeglasses or spectacles in a retail optical dispensary or from a store, shop, or other permanently established place of business with an optical department on prescription of a duly licensed physician skilled in diseases of the eyes or a duly licensed optometrist authorized to practice under the laws of this state. Contact lenses may be sold or dispensed in a retail optical dispensary or other permanently established place of business with an optical department only when authorized by an optometrist or ophthalmologist, the prescription therefor contains all necessary data, and the prescription has not expired. This section shall not be construed as authorizing any optician or other person selling eyeglasses or contact lenses on prescription as authorized above to use any instrumentation or determine any data by performing any type of examination or corneal evaluation necessary for the fitting of contact lenses or to use any drugs in relation thereto.

(c) Nothing in this chapter shall apply in any way to any licensed physician, nor to any physician assistant or ophthalmic assistant program conducted under any accredited state university program, nor to any physician’s assistant as defined in Section 34-24-292. Nothing in this chapter shall be construed as preventing an ophthalmologist from using assistants normally used in his or her practice under his or her direct personal supervision in the office in which the ophthalmologist normally actually practices his or her profession and nowhere else.
Ala. Code § 34-27-8.1 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-8.1
Section 34-27-8.1 Real Estate Commission - Legislative Findings; Rulemaking Authority
Status: in_force

(a) The Legislature finds and declares all of the following:

(1) The power to make rules regulating the licensing of real estate brokers and salespersons includes the power to prohibit unqualified persons from being licensed as a real estate broker or salesperson.

(2) A primary goal of the provision of real estate regulation is to prioritize consumer protection in real estate transactions.

(3) The Alabama Real Estate Commission is in the best position to determine the real estate practices that prioritize consumer protection in real estate transactions.

(4) Prioritizing consumer protection may sometimes be at odds with the goals of state and federal antitrust laws, which include the prioritization of competition.

(5) It is the intent of the Legislature to immunize the Alabama Real Estate Commission and its members from liability under state and federal antitrust laws for the adoption of a rule that prioritizes consumer protection but may be anti-competitive.

(b) Subject to subsection (c), rules adopted under Section 34-27-8 may define and regulate the licensing of real estate brokers and salespersons in a way that prioritizes consumer protection, even if the rule is anti-competitive.

(c) A rule adopted under Section 34-27-8 may supplement or clarify any statutory definition, but may not conflict with any statute that defines an activity that requires licensing under this chapter.

(d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Alabama Real Estate Commission beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015).

(e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Alabama Real Estate Commission in any context outside of state or federal antitrust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015).
Ala. Code § 34-33A-4 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-4
Section 34-33A-4 Installation; Record of Completion; Maintenance and Inspection
Status: in_force

(a) Every fire alarm system installed in this state shall have a record of completion signed by a certified fire alarm contractor, in accordance with the requirements of the adopted building code and fire alarm code. The record of completion and all supporting documents shall be available for inspection by the State Fire Marshal or his or her designated representative during normal business hours.

(b) Every fire alarm system in this state shall have the name, address, phone number, and permit number of the responsible certified fire alarm contractor attached to the main fire alarm control in a manner as prescribed by and acceptable to the State Fire Marshal.

(c) Every fire alarm system in this state installed after August 1, 2009, shall be maintained and inspected by a certified fire alarm contractor in accordance with the requirements of the most recently adopted version of the National Fire Protection Association 72 National Fire Alarm Code. Testing documentation shall be maintained by the owner for inspection by the State Fire Marshal or his or her designated representative during normal business hours.
Ala. Code § 34-27A-24 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-24
Section 34-27A-24 Retention of Appraiser; Appraisal Assignment
Status: in_force

(a) A client or employer may retain or employ a licensed real estate appraiser to act as a disinterested third party in rendering an unbiased estimate of value. In either case, the appraisal and the appraisal report shall comply with this article.

(b) For the purposes of this article, the term “appraisal assignment” means an engagement for which an appraiser is employed or retained to act, or would be perceived by the third parties or the public as acting, as a disinterested third party in rendering an appraisal.
Ala. Code § 34-26-100 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-100
Section 34-26-100 Purpose
Status: in_force

(a) The purpose of this compact is to facilitate the interstate practice of school psychology in educational or school settings, and, in doing so, to improve the availability of school psychological services to the public. This compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this compact shall enable the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings. (b) To facilitate the objectives described in subsection (a), this compact shall do the following: (1) Enable school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements. (2) Promote the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state. (3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states. (4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(b) To facilitate the objectives described in subsection (a), this compact shall do the following: (1) Enable school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements. (2) Promote the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state. (3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states. (4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(1) Enable school psychologists who qualify for receipt of an equivalent license to practice in other member states without first satisfying burdensome and duplicative requirements. (2) Promote the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state. (3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states. (4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(2) Promote the mobility of school psychologists between and among the member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state. (3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states. (4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(3) Enhance the public accessibility of school psychological services by increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states. (4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(4) Preserve and respect the authority of each member state to protect the health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state. (5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided. (6) Promote cooperation between the member states in regulating the practice of school psychology within those states. (7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.

(5) Require school psychologists practicing within a member state to comply with the scope of practice laws of the state where the school psychological services are being provided.

(6) Promote cooperation between the member states in regulating the practice of school psychology within those states.

(7) Facilitate the relocation of military members and their spouses who are licensed to provide school psychological services.
Ala. Code § 34-14B-6 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-6
Section 34-14B-6 Alabama Home Inspectors Registration Fund
Status: in_force

There is hereby created in the State Treasury a fund to be known as the Alabama Home Inspectors Registration Fund. All funds, fees, charges, costs, and collections accruing to or collected by the Building Commission under the provisions of this chapter shall be deposited into the State Treasury to the credit of this fund and no funds shall be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or this chapter.
Ala. Code § 34-25A-7 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-7
Section 34-25A-7 Duties of Board
Status: in_force

The board shall perform all the following duties:

(1) Establish and publish continuing education requirements for persons licensed in this chapter.

(2) Examine for, approve, deny, revoke, suspend, reinstate, and renew licensure accreditation or registration of duly qualified applicants and develop, promulgate, and establish fines, penalties, and requirements for reinstatement of licensure, accreditation, or registration.

(3) Receive applications, issue licenses, accreditations, or registrations to applicants who have met the requirements for licensure, accreditation, or registration, and deny licenses, accreditations, or registrations to applicants who do not meet the minimum qualifications.

(4) Hire administrative, clerical, investigative, and other staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any practical examinations required by the board either within the state classified service or not within it.

(5) Promulgate and publish rules and regulations in accordance with the Administrative Procedure Act to administer this chapter. Any rule or regulation defining the scope of practice or permissible activities of a licensed orthotist, licensed prosthetist, or a licensed prosthetist/orthotist or a registered orthotic supplier shall be published jointly with the State Board of Medical Examiners.

(6) Develop and promulgate requirements and establish fees for the licensure of mastectomy fitters, orthotic fitters, therapeutic shoe fitters, orthotic assistants, prosthetic assistants, or prosthetic/orthotic assistants. Such licenses shall be regulated and issued by the board.

(7) Prepare and administer, or approve the preparation and administration of, examinations for applicants for licensure.
Ala. Code § 34-12-6 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-6
Section 34-12-6 Examination
Status: in_force

When written or oral examinations, or both, are required, they shall be held at such time and place as the board may determine. The methods of procedure shall be prescribed by the board. A candidate failing an examination may apply for reexamination at the expiration of six months. This examination and all subsequent oral and written examinations shall be granted upon payment of a fee to be determined annually by the board, not to exceed one hundred dollars ($100) in each instance.
Ala. Code § 34-28A-26 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-26
Section 34-28A-26 Suspension or Revocation of Licenses or Issuance of Reprimands to Licensees; Appeals; Restoration of Licenses Revoked, Reduction of Suspensions, Etc
Status: in_force

(a) The license of any licensee under this chapter may be suspended or revoked, or a reprimand may be issued by the board, upon a finding of the board that the licensee has committed any of, but not limited to, the following acts:

(1) Has been convicted of a felony in any court of the United States, if the acts for which the person is convicted are found by the board to have a direct bearing on whether the individual should be entrusted to serve the public as a speech-language pathologist or audiologist.

(2) Has been guilty of fraud or deceit in connection with his or her services rendered as a speech-language pathologist or audiologist.

(3) Has aided or abetted a person, not a licensed speech-language pathologist or audiologist, in illegally representing himself or herself as a speech-language pathologist or audiologist within this state.

(4) Has been guilty of unprofessional conduct as defined by the rules established by the board or has violated the code of ethics made and published by the board.

(5) Has used fraud or deception in applying for a license or in passing an examination provided for in this chapter.

(6) Has been grossly negligent in the practice of his or her profession.

(7) Has willfully violated any of the provisions of this chapter or any regulations adopted hereunder.

(b) No license shall be suspended or revoked or reprimand issued until after a hearing before the board. A notice of at least 30 days shall be served, either personally or by registered or certified mail, with the returned receipt signed by the addressee, to the licensee charged, stating the time and place of the hearing and setting forth the ground or grounds constituting the charges against the licensee. The licensee shall be entitled to be heard in his or her defense, either in person or by counsel, and may produce testimony and may testify in his or her own behalf. A record of the hearing shall be taken and preserved by the secretary of the board. The hearing may be adjourned from time to time. If, after due receipt of notice of a hearing, the licensee shall be unable to appear for good cause shown, then a continuance shall be granted by the board. The time allowed shall be at the discretion of the board, but in no instance shall it be less than two weeks from the originally scheduled date of the hearing. If the inability of the licensee to appear is due to circumstances beyond his or her control, then, at the discretion of the board, a mutually agreed upon date may be set for the hearing. If a licensee repeatedly fails or refuses to appear, the board may proceed to hear and determine charges in his or her absence. If a licensee pleads guilty or if, upon hearing the charges, five members of the board find them to be true, the board shall enter an order suspending or revoking the license or reprimanding the licensee, as the case may be. The board shall record its findings and order in writing.

(c) Any person who feels aggrieved by reason of the suspension or revocation of his or her license or of the reprimand or of the rejection of his or her application by the board may appeal to the board for a review of the case. If the board does not reverse itself at a hearing, then the aggrieved person may file a civil action within 30 days after receiving notice of the action of the board or of the order of the board in the Circuit Court of Montgomery County, Alabama, or in the circuit court of the county of his or her residence to annul or vacate the action or the order of the board. The action shall be filed against the board as defendant, and service of process shall be upon either the chair or secretary of the board. The action shall be tried by the court and shall be a trial de novo, but the burden of proof shall be upon the plaintiff assailing the order of the board. The judgment of the circuit court may be appealed to the Supreme Court of Alabama in the same manner as other civil cases.

(d) Upon a vote of five of its members, the board may restore a license which has been revoked, reduce the period of a suspension, or withdraw a reprimand.
Ala. Code § 34-7B-5 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-5
Section 34-7B-5 Board of Cosmetology and Barbering - Executive Director
Status: in_force

(a) The executive director of the board shall be appointed by the Governor in the unclassified service of the state Merit System. The executive director shall serve at the pleasure of the Governor and shall perform administrative duties of the board.

(b) The executive director shall hire all necessary employees of the board subject to the state Merit System. Job descriptions and compensation shall be established for each employee consistent with guidelines of the State Personnel Board.
Ala. Code § 34-34A-3 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-3
Section 34-34A-3 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings herein ascribed to them unless the context clearly indicates otherwise:

(1) BOARD. Board of Examiners for Dietetics/Nutrition Practice.

(2) COMMISSION ON DIETETIC REGISTRATION (CDR). Commission on Dietetic Registration that is a member of the National Commission for Health Certifying Agencies.

(3) DEGREE. A baccalaureate or higher degree from a college or university accredited by the Southern Association of Schools and Colleges or other regional accreditation agency recognized by the Council on Postsecondary Accreditation and the United States Department of Education.

(4) REGISTERED DIETITIAN. A person registered by the Commission on Dietetic Registration (also defined under Section 34-34-1).

(5) LICENSED DIETITIAN/NUTRITIONIST. A person licensed under this chapter.

(6) TEMPORARILY LICENSED DIETITIAN/NUTRITIONIST. A person temporarily licensed under this chapter.

(7) DIETETICS/NUTRITION PRACTICE. The integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain people’s health through the provision of nutrition care services.

(8) Nutrition care services:

a. Assessing the nutritional needs of individuals and groups, and determining resources and constraints in the practice setting;

b. Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;

c. Providing nutrition counseling in health and disease according to established guidelines of care;

d. Developing, implementing, and managing nutrition care systems; and

e. Evaluating, making changes in, and maintaining appropriate standards of quality in food and nutrition care services.

(9) NUTRITIONAL ASSESSMENT. The evaluation of the nutritional needs of individuals and groups based upon appropriate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition.

(10) NUTRITION COUNSELING. Advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutrition assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status.

(11) DIETITIAN/NUTRITIONIST. One engaged in dietetics/nutrition practice as defined in Chapter 34 of Title 34.

(12) DIETETIC TECHNICIAN. A person who is trained to perform specific dietetic functions of a licensed dietitian/nutritionist as defined by this chapter under the direct supervision of a licensed dietitian/nutritionist.
Ala. Code § 34-16-14 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-14
Section 34-16-14 Actions by Board to Recover Damages; Liability of Board Members
Status: in_force

(a) The board may sue and be sued in its own name to recover actual or compensatory damages, including interest and court costs, sustained within the State of Alabama as the result of conduct of any licensee or permit holder who violates this chapter or the rules and regulations of the board.

(b) All members of the board shall be immune from civil liability while acting within the scope of their duties as board members.
Ala. Code § 34-3-11 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-11
Section 34-3-11 Judges Not to Practice Law
Status: in_force

Any judge of a court of record in this state who practices law in any of the courts of this state, or of the United States, or who renders any professional services or gives any legal advice, must on conviction be fined in such sum as the jury or court trying the same may assess, not less than $100 nor more than $1,000.
Ala. Code § 34-32-12 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-12
Section 34-32-12 Fees
Status: in_force

The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule:

(1) The fee for filing each application for certification as a registered professional soil classifier shall be set by the board;

(2) Renewal fees for certification as a registered professional soil classifier shall be set by the board.
Ala. Code § 34-20-13 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-13
Section 34-20-13 Renewal of Licenses; Expiration and Reactivation; Inactive Status; File of Applications and Licenses; Continuing Education
Status: in_force

(a) Every individual who holds a valid current license as a nursing home administrator issued by the board under this chapter shall immediately upon issuance have the right and privilege of acting and serving as a nursing home administrator and of using the abbreviation “N.H.A.” after their name. Thereafter, the individual shall annually be required to make application to the board for a renewal of license and to report any facts requested by the board on forms provided for that purpose.

(b) Upon making application for a renewal of license, the individual shall pay an annual license fee established as determined by the board pursuant to the rule-making authority, and, at the same time, shall submit evidence satisfactory to the board that during the year immediately preceding application for renewal he or she has complied with the requirements of the board concerning the continuation of education of nursing home administrators.

(c) Upon receipt of the application for renewal of license, the renewal fee, and the evidence with respect to continuing education, the board shall issue a license renewal to the nursing home administrator.

(d)(1) Failure to secure an annual renewal of a license, based on a failure to meet the continuing education requirements, shall result in the expiration of the license. An expired license may not be “reactivated.” All persons holding an expired license shall be required to submit a new application and follow all procedures for licensure of a new applicant.

(2) A licensee who complies with the continuing education requirements but who does not renew within 90 days following its due date shall be deemed delinquent and may renew within the 90-day period by paying a late renewal fee established by the board pursuant to its rule-making authority. A license that is not renewed within the 90-day period shall be deemed expired, and is subject to reapplication as provided in subdivision (1).

(e) A licensee who holds a current license and who is not practicing as a nursing home administrator may place that license into an “inactive status” upon written application to the board. Any licensee whose license has been placed on inactive status may not engage in the practice of nursing home administration.

(f) A licensee whose license is on an inactive status who wishes to “reactivate” that license may do so by making application to the board. The applicant shall attach proof of having completed 24 hours of approved continuing education credits within one year of making application for license reactivation, and shall pay a reactivation fee established by the board pursuant to its rule-making authority. A licensee may not have his or her license in inactive status for more than five years. After five years in inactive status, the license automatically becomes expired.

(g) The board shall maintain a file of all applications for licensure that includes the following information on each applicant: Residence, name, age, the name and address of his or her employer or business connection, the date of application, educational and experience qualifications, action taken by the board, serial numbers of licenses issued to the applicant, and the date on which the board acted on or reviewed the application.

(h) The board shall maintain a list of current licensees of the board, and shall furnish the list on demand to any person who pays a fee established by the board pursuant to its rule-making authority.

(i) The board shall adopt a program for continuing education for its licensees by October 1, 1991. After that date, successful completion of the continuing education program by board licensees shall be required in order to obtain a renewal license.

(j) Continuing education shall not result in a passing or failing grade.
Ala. Code § 34-34A-1 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-1
Section 34-34A-1 Short Title
Status: in_force

This chapter shall be known as the “Dietetics/Nutrition Practice Act.”
Ala. Code § 34-31-33 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-33
Section 34-31-33 Procedure
Status: in_force

The procedures shall be same as those defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed provided that the procedure is published and made public and are not in conflict with the state law.
Ala. Code § 34-23-131 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-131
Section 34-23-131 Registration and Supervision; Rule Making Authority; Continuing Education
Status: in_force

(a) A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is under the direct supervision of a licensed pharmacist. A pharmacy technician shall not perform pharmacy functions or be present in the prescription department of a pharmacy unless he or she is registered by the board.

(b) When supervision is required, a licensed pharmacist shall be jointly responsible and liable for the actions of a pharmacy technician.

(c)(1) A pharmacy technician shall register and pay a registration fee in a specified amount set by the board, by rule, before performing any pharmacy functions. The fee shall be not less than twenty dollars ($20) nor more than sixty dollars ($60). The board shall adopt rules relating to the registration of all pharmacy technicians. The registration of a pharmacy technician shall be renewable biennially in odd-numbered years upon payment of the required renewal fee.

(2) The registration of each pharmacy technician shall expire on December 31 of odd-numbered years unless a registered pharmacy technician pays a biennial renewal fee in a specified amount set by the board by rule. The fee shall be not less than twenty dollars ($20) nor more than sixty dollars ($60). The renewal fee shall be due on December 31 of odd-numbered years. If any pharmacy technician fails to pay the renewal fee by December 31, the board may impose a late fee, as determined by rule of the board, for each lapsed month.

(d) In addition to any other registration requirements, a pharmacy technician shall complete three hours of continuing education annually, or six hours biennially, of which one hour per year shall be live presentation. The board may grant an extension to a pharmacy technician who fails to complete the required continuing education hours in the allotted time. A pharmacy technician who fails to complete the annual continuing education requirements in a timely manner shall be subject to disciplinary action by the board.
Ala. Code § 34-21-96 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-96
Section 34-21-96 Awarding of Loans and Terms of Repayment
Status: in_force

(a)(1) The board shall establish and award loans to provide for the training of qualified applicants for admission to or students in accredited nursing education programs approved by the board who are pursuing, or have completed within the five years immediately preceding the current loan term, a graduate degree to become a certified registered nurse practitioner (CRNP), a certified nurse midwife (CNM), or a certified registered nurse anesthetist (CRNA), but only for individuals who have signed contracts as provided in subsection (b). The board may permit eligible individuals to apply for a loan under the Alabama Loan-Repayment Program for Advanced-Practice Nursing in any scholastic year and for any previously completed scholastic year.

(2) The board may award to an eligible individual, for as many as three years for an individual pursuing or holding an eligible master’s degree and as many as four years for a person pursuing or holding an eligible doctorate degree, an annual loan. For the first year of operation of the program, the maximum annual loan limit shall not exceed fifteen thousand dollars ($15,000). For subsequent years, the board may increase the maximum annual loan amount by no more than five percent annually.

(3) The board shall make a careful and thorough investigation of the ability, character, and qualifications of each applicant for loans under the program, and shall award a loan or loans under the requirements of the program.

(4) An individual who has signed a contract with the board may postpone choosing an area of critical need in which to work to a time set by the board.

(b) A loan or loans under this program may be awarded only to individuals who have signed contracts with the board to repay amounts received under the program by working following graduation, or immediately in the case of a then currently approved CRNP, CNM, or CRNA, in full-time practice as a CRNA, CRNP, or CNM in an area of critical need for 18 months for each year he or she received a loan under the program.

(c) A participant, subject to approval by the board, may change the area of critical need where he or she will work to repay loans under this program, but in no case shall the applicant work in full-time practice for less than three years in the new area of critical need.
Ala. Code § 34-7B-18 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-18
Section 34-7B-18 Qualifications of Applicants for Examination or Licensure - Cosmetologist
Status: in_force

(a) No person may be admitted to an examination or licensed as a cosmetologist unless he or she possesses all of the following qualifications:

(1) Is at least 16 years old.

(2) Has successfully completed at least 10 grades in secondary school, or the equivalent.

(3) a. Has successfully completed at least 1,500 clock hours in a licensed or registered school of cosmetology or on courses reported in credit hours. Credit hour programs must be reviewed by and approved by the board as satisfying licensure requirements.

b. In lieu of the requirements in paragraph a., has completed 3,000 hours under the immediate supervision of a cosmetologist continuously licensed under the provisions of this chapter, for at least five years before applying for an apprentice, over a period of three years.

(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the applicable examination, and pays the license fee shall be issued a cosmetologist license.
Ala. Code § 34-20-9 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-9
Section 34-20-9 Qualifications for Admission to Examination; Fees
Status: in_force

(a) The board shall admit to examination for licensure as a nursing home administrator any candidate who submits evidence of good moral character and suitability prescribed by the board and who submits evidence to the board that he or she is at least 19 years of age, a citizen of the United States, or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, that he or she is a high school graduate or has completed an educational program equivalent thereto, and that he or she has completed any additional educational requirements prescribed by the board. Each candidate shall also be required, prior to admission to the examination, to pay an examination fee established by the board pursuant to its rule-making authority.

(b) The board may establish an application fee for the internship or administrator in training (AIT) program and a fee for preceptor, certification, and recertification of the administrator in training (AIT) program pursuant to its rule-making authority.
Ala. Code § 34-40-9 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-9
Section 34-40-9 Professions and Occupations Not Affected; Chapter Not Applicable to Certain Persons
Status: in_force

(a) Nothing in this chapter shall be construed as preventing or restricting any of the following individuals from engaging in the profession or occupation for which they are licensed, certified, or registered in Alabama as follows:

(1) Physicians and surgeons licensed by the Medical Licensure Commission.

(2) Dentists licensed by the State Board of Dental Examiners.

(3) Optometrists licensed by the Alabama Board of Optometry.

(4) Nurses licensed by the Board of Nursing.

(5) Chiropractors licensed by the State Board of Chiropractic Examiners.

(6) Podiatrists licensed by the State Board of Podiatry.

(7) Physical therapists licensed by the Board of Physical Therapy.

(8) Occupational therapists licensed by the Alabama Board of Occupational Therapy.

(9) Emergency medical technicians licensed by the Alabama Department of Public Health.

(10) Physician assistants licensed by the State Board of Medical Examiners.

(11) Massage therapists licensed by the Alabama Board of Massage Therapy.

(b) This chapter shall not apply to the following persons:

(1) Coaches and physical education instructors in the performance of their duties.

(2) Athletic trainers from other nations, states, or territories performing their duties for their respective teams or organizations and only during the course of their team’s or organization’s stay in this state.

(3) A person who performs any of the services set forth in this chapter as long as the person does not violate this chapter.
Ala. Code § 34-25A-9 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-9
Section 34-25A-9 Membership of Board
Status: in_force

(a) Regarding the board created by Act 2009-300, initial appointments shall be staggered such that two members are appointed for one year, two members are appointed for two years, and two members appointed for three years and three members are appointed for four years. Thereafter all members shall be appointed for four-year terms. Members shall serve until their successors are appointed and qualified, provided, no member shall serve more than eight consecutive years or two consecutive terms, whichever is greater. This legislation shall not include their initial terms, and no hold-over term, under Section 34-25A-8(a), shall exceed 12 months.

(b) Upon the expiration of the initial terms and all terms of office thereafter, the appointing authorities shall appoint successors for terms of four years each. A quorum shall consist of five members.

(c) The board may employ an executive director and such other officers and employees it deems necessary, with or without regard to the state Merit System, and may set the salary and terms of employment for such officers and employees.
Ala. Code § 34-23-32 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-32
Section 34-23-32 Manufacturer, Bottler, Packager, Repackager, Etc., of Drugs
Status: in_force

(a) Commencing on August 1, 2017, every manufacturer, bottler, packager, repackager, third party logistic provider, wholesale drug distributor, private label distributor, outsourcing facility, or pharmacy business identified in the supply chain of drugs, medicines, chemicals, or poisons for medicinal purposes shall register annually with the board by application for a permit on a form furnished by the board and accompanied by a fee to be determined by the board as follows:

(1) The fee shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for a new establishment.

(2) The fee shall not be less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) for a renewal permit.

(3) The fee shall not be less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for a permit due to transfer of ownership.

(b) A holder of a permit shall employ a full-time licensed pharmacist whose principal duty shall be confined to on-premise pharmaceutical operations. Wholesale drug distributors who strictly limit their operation to distribution of drugs, medicines, chemicals, or poisons for medicinal purposes are exempt from the requirement to employ a full-time licensed pharmacist.

(c) The professional practice of any physician licensed to practice medicine is exempt from the requirements of this section.

(d) All permits issued under this section shall become due on October 31 and shall become null and void if not paid by December 31. Each application for the renewal of the permit shall be made annually on or before December 31. A penalty of one hundred dollars ($100) for each overdue month shall be assessed in addition to the permit fee for renewal of delinquent permits.

(e)(1) Commencing on January 1, 2024, each holder of a permit issued under this section, with the exception of an outsourcing facility, shall designate a current representative of the permit holder and shall register the designated representative with the board. The designated representative shall possess the qualifications, requirements, and background as set out by the board.

(2) The holder of the permit shall pay an initial registration fee to register the designated representative of not less than one hundred dollars ($100), as set by rule of the board. The registration of a designated representative shall expire on December 31. The renewal of the registration shall be due on October 31 of each year and shall be delinquent after December 31. The annual fee for the renewal of a designated representative shall not be less than one hundred dollars ($100), as set by rule of the board. If the renewal is not timely received by the board, the applicant for renewal of the registration shall pay a penalty of not more than fifty dollars ($50) for each month the renewal is late, as set by rule of the board.

(f) All holders of a permit, before shipping any drug bearing the legend, “caution, federal law prohibits dispensing without prescription” or similar wording causing these drugs to be known as legend drugs to new customers, shall assure themselves that the recipient is either a duly licensed doctor of medicine, dentistry, or veterinary medicine or holds a registered pharmacy permit from the board by contacting the office of the board.

(g) No manufacturer, manufacturer affiliate, bottler, packager, repackager, third party logistic provider, wholesale drug distributor, private label distributor, outsourcing facility, or pharmacy business identified in the supply chain of any legend drug or device shall ship, or cause to be shipped, into the state any legend drug or device without a valid permit issued by the board. The civil penalty for a violation of this subsection shall be four thousand dollars ($4,000) for each violation.

(h) The holder of a permit to ship any legend drug or device into the state shall provide to the board a list of all trading partners, upon request of the board.

(i) No holder of a permit shall ship any legend drug to any person or firm after receiving written notice from the board that the person or firm no longer holds a registered pharmacy permit. Any person violating this section shall be guilty of a misdemeanor.

(j) For each application for a permit found to be satisfactory by the board, the secretary of the board shall issue to the applicant a permit for the appropriate function, which permit shall be displayed in a conspicuous place.
Ala. Code § 34-14-5 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-5
Section 34-14-5 Licenses - Standards and Scope of Examination
Status: in_force

(a) The qualifying examination provided in Section 34-14-4 shall be designed to demonstrate the applicant’s adequate technical qualifications by testing the applicant in three separate sections consisting of a written examination, a practical examination, and a state law examination. The board may revise standards for the qualifying examination, so long as the following minimum requirements are satisfied:

(1) Written examination scores from states with existing reciprocity agreements with the board are considered valid for 12 months from the date of examination in the other state if the examination is determined by the board to be similar in content to the qualifying examination required for licensure in this state.

(2) An applicant who fails one or more sections of the qualifying examination may retest failed sections for the qualifying examination in the following manner:

a. An applicant who fails the written examination section shall retake the entire written examination section.

b. An applicant who fails the Alabama law section shall retake the entire Alabama law section.

c. An applicant who fails the practical examination section shall be retested in only those portions of the practical examination that he or she failed.

d. An applicant who fails to successfully complete a retest pursuant to paragraphs a., b., or c., or any combination of these, may retake the entire three-section qualifying examination within one year from the initial test.

(b) The three-section qualifying examination may not include questions requiring a medical or surgical education. The purpose of the examination, at a minimum, is to provide the opportunity for a person with a high school level education, or its equivalent, with appropriate study through the apprentice training program and training and supervision under the direction of a licensed dispenser, to enter the profession.

(c) The practical examination section of the qualifying examination shall include all of the following areas:

(1) Pretest procedure.

(2) Pure tone air conduction and masking.

(3) Pure tone bone conduction and masking.

(4) Speech audiometry and masking.

(5) Ear impressions.

(6) Audiogram interpretation and fitting.

(7) Troubleshooting hearing aids.
Ala. Code § 34-7B-13 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-13
Section 34-7B-13 Exemptions from Chapter
Status: in_force

This chapter does not apply to any of the following persons, activities, or services:

(1) Service in the case of emergency or domestic upheaval, without compensation.

(2) Licensed medical professionals operating within the scope of their normal practice.

(3) Personnel of the United States armed services performing their ordinary duties.

(4) Any public trade school or other public school or school program under the purview of the State Board of Education or a local board of education.

(5) Any person who only occasionally dresses hair and receives no compensation therefor, or does any other act or thing mentioned in this chapter, without holding himself or herself out to the public as a provider of any practices defined in this chapter for compensation.

(6) Departments in retail establishments where cosmetics are demonstrated and offered for sale but where no other acts of cosmetology or barbering are performed.

(7) The licensees of any county or municipal barber board or commission in existence on August 1, 2013, unless such board or commission elects, by resolution adopted by the governing body of the county or municipality, to come under the provisions of this chapter.

(8) Any person who practices as a Class 1 barber.
Ala. Code § 34-13-273 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-273
Section 34-13-273 Disposal of Assets or Investments
Status: in_force

To the extent that any endowment care trust existing on May 1, 2002, includes investments or assets, the retention of which the trustee in the free exercise of its discretion deems not in the best interest of the trust estate, the trustee shall dispose of the investments or assets as soon as practicable without undue sacrifice to the trust estate, and in any event within two years after May 1, 2002.
Ala. Code § 34-30-6 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-6
Section 34-30-6 Disposition of Fees; Separate Fund Created; Disbursements from Fund by Board
Status: in_force

(a) All fees collected pursuant to this chapter shall be nonrefundable and shall be deposited in the State Treasury to the credit of the Board of Social Work Examiners and shall constitute a separate fund to be disbursed as prescribed in subsection (b) of this section.

(b) For the purpose of carrying out the objects of this chapter, and for the exercise of the powers herein granted, the Board of Social Work Examiners shall have power to direct the disbursement of the separate fund created by subsection (a) of this section, which shall be paid on warrant of the state Comptroller upon certificate or voucher of the secretary of the board, approved by the president or vice-president of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Article 4 of Chapter 4 of Title 41, and only in amounts as stipulated in the general appropriation bill. Such amounts shall not exceed the amount in the separate fund established by subsection (a) of this section.
Ala. Code § 34-34B-12 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-12
Section 34-34B-12 Effective Date, Withdrawal, and Amendment
Status: in_force

(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state.

(1) On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first seven member states referred to as “charter member states”, to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-34B-11.

b. If any member state is later found to be in default, is terminated, or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect even if the number of member states should be less than seven.

(2) Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in Section 34-34B-8(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.

(3) All actions taken for the benefit of the compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.

(4) Any state that joins the compact subsequent to the compact commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the compact commission shall have the full force and effect of law on the day the compact becomes law in that state.

(b) Any member state may withdraw from this compact by enacting a statute to repeal it.

(1) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

(3) Upon the enactment of a state withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with this compact.

(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Ala. Code § 34-4-28 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-28
Section 34-4-28 Authority Under License Not Transferable; Duties of Licensees
Status: in_force

(a) Authority to transact business as an auctioneer under any license issued by the board shall be restricted to the person named in the license and may not inure to the benefit of any other person.

(b) Where an auctioneer’s license shall be issued to an auction company that is duly qualified and registered to conduct business in this state, authority to transact business thereunder shall be limited to one officer, member, copartner, or owner of the company, to be designated in the application and named in the license. Each other officer, member, copartner, or owner of the company desiring to act as an auctioneer in connection with the business of the company, or otherwise, shall be required to make application for and take out a separate license in his or her own name individually.

(c) No licensed auction company may hire an unlicensed auctioneer to conduct any auction business, nor shall any licensed auctioneer conduct an auction for an unlicensed auction company in this state.

(d) Every licensee authorized to transact business pursuant to this chapter shall do all of the following:

(1) Maintain a segregated escrow or trust account in a bank insured by the Federal Deposit Insurance Corporation, in which funds belonging to sellers or consignors received in the course of business transacted shall be kept separate from the funds of the licensee. All funds received from sales by an apprentice shall be maintained in the escrow or trust account of the sponsor.

(2) Enter into a written contract with the owner or consignor of any property to be offered for sale before the auction. All contracts shall clearly contain the terms and conditions upon which the licensee received the property for auction including, but not limited to, whether the auction will be conducted as absolute or with reserve, and the date the proceeds due the owner or consignor shall be remitted to the seller or consignor.

(3) Provide a copy to the seller or consignor of all written instruments prepared by the licensee at the time of execution. Consignment agreements shall contain the name and signature of the licensee responsible for the auction.

(4) Provide a closing statement to the seller or consignor giving a full accounting of all proceeds received and disbursements made relative to the auction. A closing statement shall contain the date and location of the auction and the name, license number, and signature of the licensee responsible for the auction. A closing statement shall be provided within 30 days after the auction. A properly prepared HUD-1 statement, or equivalent, satisfies the requirements of this section for the sale of real property.

(5) Display the name and license number of the auctioneer in all advertising for the auction. In the case of an apprentice auctioneer, all advertising shall also contain the name and license number of the sponsor. An auction company shall display the name and license number of the auctioneer named in the license in any and all advertisements.

(6) Ensure that all advertising is accurate and truthful.

(7) Maintain complete and accurate documents, books, and records of all transactions concerning every auction for a period of five years after the date on which the seller or consignor contracted with the auctioneer or the auction was conducted, whichever is later. The documents, books, and records shall be made available for inspection by the board, or its authorized personnel or representatives, upon request. Failure to produce the requested documents, books, records, or copies thereof within 30 days after request of the board shall be grounds for disciplinary action by the board.

(8) Assume responsibility, as the sponsoring auctioneer, for the acts of any apprentice in the conduct of auction business and be present at every auction to directly supervise the apprentice.
Ala. Code § 34-26-112 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-112
Section 34-26-112 Consistent Effect and Conflict with Other States
Status: in_force

(a) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with this compact.

(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with this compact are superseded to the extent of the conflict.

(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.

(d) Nothing in this compact shall be interpreted to modify, amend, repeal, or supersede any state criminal or civil liability laws.

(e) In the event the commission adopts rules to coordinate the implementation or administration of this compact which conflict with Alabama law, Alabama law shall supersede those rules, and Alabama state courts shall retain sole jurisdiction to determine any conflicts.

(f) Alabama state courts shall retain sole jurisdiction to determine whether provisions of this compact are in conflict with state laws or the Constitution of Alabama of 2022.

(g) Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction.
Ala. Code § 34-13-272 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-272
Section 34-13-272 Disclosure of Activities and Statement of Investments
Status: in_force

The trustee, not less than annually, shall file with the cemetery authority an account that shall include a complete disclosure of all activity since the previous account and a statement detailing fund investments.
Ala. Code § 34-34A-12 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-12
Section 34-34A-12 Waiver of Examination Requirements
Status: in_force

For one year beginning on May 17, 1989, the board shall waive the examination requirement and grant a license to any person who:

(1) Is registered with the Commission on Dietetic Registration, or

(2) Has received a baccalaureate or post baccalaureate degree with a major in dietetics/nutrition or equivalent major course of study as approved by the board, from a college or university accredited by the Southern Association of Schools and Colleges or equal accrediting agency and who:

a. Shall have completed the accredited or approved experience as acceptable to the Commission on Dietetic Registration, or

b. Meets the requirements of Section 34-34-4.
Ala. Code § 34-8A-4 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-4
Section 34-8A-4 Board of Examiners in Counseling - Creation; Membership; Sunset Provision
Status: in_force

(a) There is created an Alabama Board of Examiners in Counseling, to consist of seven members who shall be citizens of this state and appointed by the Governor pursuant to the requirements of this section.

(b) Within 30 days from July 18, 1979, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall submit to the Governor a list of qualified candidates for the board. The list shall contain names of at least four citizens from the general public, four qualified counselor educators, and six qualified practicing counselors from which the Governor, within 60 days, shall select the board. The board shall consist of two citizens from the general public, two counselor educators, and three counselors in private practice.

(c) The initial appointments to the board shall be for the following terms: The term of two members is one year, the term of two members is two years, the term of three members is three years.

(d) The professional membership of the board authorized under this section shall be licensed under this chapter, except that the initial professional members shall be members who have been rendering the private practice of counseling services for at least one year, or who have been giving instruction in counseling in a regionally accredited institution of higher learning for at least three years.

(e) The board shall perform those duties and exercise those powers as this chapter prescribes and confers upon it. No member of the board shall be liable to civil action for any act performed in good faith for the performance of his or her duty pursuant to this chapter.

(f) Board members shall be ineligible for reappointment for a period of three years following completion of their terms. Subsequent appointments to the board shall be made by the Governor in the following manner: Not later than October 1, of each year the Executive Committee of the Alabama Counseling Association, or its successor organization, shall submit to the Governor the names of two qualified candidates for the position on the board to be vacated by reason of expiration of term of office. From the two candidates the Governor shall appoint one member not later than January 1, to serve on the board for a term of five years. Every reasonable effort shall be made to insure that one member of the board be a member of a cultural minority. Each board member shall hold office until his or her successor is appointed and assumes office. If the Governor fails to make an appointment by January 1 for a successor to a member whose term has expired, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall select a successor member from among the two qualified candidates nominated to fill the vacancy. Other vacancies occurring in the board shall be filled for the unexpired term by appointment of the Governor from two candidates for each vacancy submitted within 30 days after the vacancy occurs by the Executive Committee of the Alabama Counseling Association, or its successor organization. The appointments shall be made within 45 days after the names of the candidates have been submitted. If the Governor fails to make the appointment within the 45-day period, the Executive Committee of the Alabama Counseling Association, or its successor organization, shall select a replacement member from among the two qualified candidates nominated to fill the unexpired term of a board member. Any board members may be removed by the Governor, after notice and hearing, for incompetence, neglect of duty, malfeasance in office, or moral turpitude. Composition of the board shall always consist of two citizens, two counselor educators, and three counselors in private practice. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. After March 26, 2012, appointments shall be made so that not more than one board member from any congressional district may be appointed to serve at the same time. A college or university shall have only one counselor educator representative as a member of the board at any one time. In addition, no more than one practitioner from the same practice setting or corporation shall be members of the board at any one time.

(g) Immediately and before entering public duties of the office, the members of the board shall take the constitutional oath of office and shall file the oath of office in the office of the Governor, who upon receiving the oath of office shall issue to each member a certificate of appointment. The board shall have available for the Governor or his or her representative detailed reports on proceedings and shall make annual reports in the form as required by the Governor.

(h) The Alabama Board of Examiners in Counseling is subject to the provisions of the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2000, and every four years thereafter, unless a bill is passed that it be continued, modified, or reestablished.
Ala. Code § 34-38-3 — Alabama Code / Title 34 / Chapter 38 / Section 34-38-3
Section 34-38-3 Authority of Board or Boards to Contract for Impaired Professionals’ Committee to Undertake Certain Functions
Status: in_force

The board or boards shall have the authority to enter into an agreement with a nonprofit corporation, health provider, or professional association for the Alabama Impaired Professionals’ Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:

(1) Contracting with providers of treatment programs;

(2) Receiving and evaluating reports of suspected impairment from any source;

(3) Intervening in cases of verified impairment;

(4) Referring impaired professional to treatment programs;

(5) Monitoring the treatment and rehabilitation of impaired professional;

(6) Providing post-treatment monitoring and support of rehabilitated impaired professional; and

(7) Performing such other activities as agreed upon by the respective board or boards and the Alabama Impaired Professionals’ Committee.
Ala. Code § 34-17A-20 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-20
Section 34-17A-20 Violation
Status: in_force

After July 1, 1998, any person who violates this chapter shall be guilty of a Class B misdemeanor.
Ala. Code § 34-21A-19 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-19
Section 34-21A-19 Inactive License
Status: in_force

The board shall formulate rules and criteria under which an applicant may request an inactive license and determine circumstances when a license may become inactive by state or local health department request. The board shall develop a standard official definition of an inactive license in the formulation of the board’s rules and regulations.
Ala. Code § 34-14-34 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-34
Section 34-14-34 Fees
Status: in_force

(a) The board shall establish fees by rule adopted pursuant to the Alabama Administrative Procedure Act. The board may impose fees of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) for each of the following:

(1) Initial application fee for an apprentice permit, hearing aid specialist license, and hearing aid dispenser license.

(2) License fee for a hearing aid specialist license and for a hearing aid dispenser license.

(3) Renewal fee for the renewal of a hearing aid specialist license and the renewal of a hearing aid dispenser license.

(4) Permit fee for an apprentice permit.

(5) Renewal fee for an apprentice permit.

(6) Qualifying examination and retest examination fees.

(7) Late filing fee for a business statement of compliance.

(8) Late renewal fee.

(9) Reinstatement license fee.

(10) Duplicate license, certificate, or permit fee.

(11) Replacement license, certificate, or permit fee.

(12) Verification of license fee.

(13) Mailing list fee.

(14) Returned check fee.

(15) Special assessment fee.

(b) A fee may not be refunded to an applicant or licensee under any circumstances.
Ala. Code § 34-16-15 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-15
Section 34-16-15 Notification of Conviction or Pending Civil Action; Breach of Professional Ethics, Etc
Status: in_force

(a) A licensee or permit holder shall notify the board within 10 days of any felony conviction, and within 10 days of a civil action being brought against the licensee or permit holder, if the civil action arose from an interpreting or transliterating transaction or involves the goodwill of a licensee or permit holder or an existing interpreting or transliterating business or agency. The notification shall be in writing, sent by certified mail, and include a copy of the judgement.

(b) Allegations of breach of professional ethics or conduct incompatible with the Standards of Professional Practice as determined by the board may be brought against a licensee or permit holder by any individual, business, or agency.
Ala. Code § 34-15C-5 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-5
Section 34-15C-5 Powers and Duties of Board
Status: in_force

The board shall perform the following duties, subject to the other provisions of this chapter:

(1) Administer fully this chapter and any rules promulgated by the board pursuant to this chapter.

(2) Prescribe, make, adopt, and amend such rules pursuant to the Alabama Administrative Procedure Act as the board deems necessary to carry out the provisions of this chapter.

(3) For the purpose of enforcing this chapter, conduct investigations and hearings concerning charges against registered interior designers, at any time or place within the state, administer oaths and affirmations, examine witnesses, and receive evidence in the course of any such hearings.

(4) Issue, in conjunction with the Secretary of State, any documentation necessary to prove that a registered interior designer is practicing in accordance with and abiding by the requirements of this chapter, for which an annual fee, in an amount determined by the board, shall be assessed and collected.

(5) Institute legal proceedings pursuant to subsection (c) of Section 34-15C-12.

(6) Grant, deny, revoke, suspend, or reinstate certificates of registration.

(7) Keep a record of its proceedings and make an annual report thereon to the Governor and the Legislature.

(8) Establish standards and requirements of continuing education for registered interior designers.

(9) Maintain an official roster of registered interior designers including, but not limited to, information required by the board for enforcement of this chapter.

(10) When necessary, require the attendance of witnesses and the production of all necessary papers, books, records, documentary evidence, and materials in any hearing, investigation, or other proceeding before the board, by means of discovery as provided in the Alabama Rules of Civil Procedure.

(11) Employ attorneys, accountants, and other persons as may be necessary to assist the board in carrying out this chapter when there is a need for such services and when funds are available for such services.

(12) Adopt rules providing for a registered interior designer to be classified as inactive and to avoid the payment of annual fees, so long as the inactive registered interior designer does not use the titles, stamps, or seals restricted by subsection (a) or subsection (b) of Section 34-15C-9 during inactive status.

(13) Establish, by administrative rule, procedures for the assessment of fees for the administration of this chapter.
Ala. Code § 34-3-14 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-14
Section 34-3-14 Officers and Deputies Disqualified from Practicing
Status: in_force

The judge of any court of record, the sheriff or deputy of the sheriff must not practice law; the clerk of the circuit court or the deputy of the clerk must not practice in the county of which he or she is clerk or deputy; the register or his or her partner or the deputy of the register must not practice in the court of which he or she is register or deputy; the clerk of the judge of probate must not practice in the court of which his or her principal is the judge.
Ala. Code § 34-20-4 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-4
Section 34-20-4 Board of Examiners of Nursing Home Administrators - Generally
Status: in_force

(a) There is a Board of Examiners of Nursing Home Administrators composed of seven members, six original members as set out in this subsection, and an additional consumer member as set out in subsection (b). The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The six original members shall be composed as follows: Three members shall be nursing home administrators duly licensed and registered under this chapter; one member shall be a physician, licensed under the laws of the State of Alabama, who is actively concerned in a practice with the care of chronically ill and infirm, aged patients; one member shall be a hospital administrator; and one member shall be a registered nurse, licensed in Alabama, who has five years’ experience as a geriatric nurse and who is actively serving as a director of nursing in a geriatric facility.

(b) Within 30 days following April 6, 1993, the Governor shall appoint an additional consumer member of the board for a term that is the same as the term of the member who is a licensed registered nurse. The consumer member shall vote in all matters. No consumer member, or a spouse or immediate family member of a consumer member, shall be a licensee of the board or be employed in the nursing home profession.

(c) All members of the board shall be citizens of the United States and shall be residents of the state. Not more than one board member from any United States Congressional District may be appointed to serve at the same time, unless necessary to ensure diversity on the board or to satisfy other board member qualification requirements of this section.

(d) The three members who are licensed nursing home administrators whose terms expire after April 6, 1993, shall each serve a one-year term of office. Successor members shall serve three-year terms and no board member shall serve, in addition to the one-year term provided in this subsection, more than two consecutive full three-year terms. All members shall continue to serve until a successor is appointed by the Governor.

(e) Appointments to the board for those positions to be held by nursing home administrators shall be made by the Governor from a list of three nominees for each position to be submitted to the Governor by the Alabama Nursing Home Association. The appointment to the board of the member for the position to be held by a physician shall be made by the Governor from a list of three nominees to be submitted by the Medical Association of the State of Alabama. The appointment to the board of the member for the position to be held by a hospital administrator shall be made by the Governor from a list of three nominees to be submitted to him or her by the Alabama Hospital Association. The appointment to the board of the member for the position to be held by a licensed registered nurse shall be made by the Governor from a list of three nominees to be submitted to him or her by the Alabama State Nurses Association. In the event the nominating entities and the Governor are unable to nominate or appoint members to the board so that diversity and other requirements of this section are satisfied, the board may submit a substitute list of three nominees to the Governor for appointment who are selected from the state at-large and otherwise qualify for appointment.

(f) The Governor may remove any board member for misconduct, incapacity, incompetence, or neglect of duty after the board member so charged has been served with a written statement of charges and has been given an opportunity to be heard. Absence from any three consecutive meetings of the board within a calendar year, without cause acceptable to the Governor and the board, shall be deemed cause for removal.

(g) Any vacancy created by the death, resignation, or removal of any board member shall be filled by the Governor for the unexpired term in the same manner as required by this chapter to make appointments.

(h) Each member of the board shall receive a per diem fee of not less than fifty dollars ($50) nor more than one hundred dollars ($100) to be determined by the board for the time spent in the performance of official duties. Each member shall be reimbursed for all necessary and proper travel and incidental expenses incurred in implementing this chapter as is provided to state employees by the laws of the State of Alabama and regulations of the State Personnel Director. In setting the per diem fee, the board shall give due consideration to funds which are available for that purpose.

(i) The board shall hold four or more meetings a year. A majority of the members of the board shall constitute a quorum at any meeting except as provided in Section 34-20-14. A majority vote of the members present shall be sufficient to transact the business of the board except as provided in Section 34-20-14. Meetings may be called by the chair or by a majority of the members of the board. Members shall be given seven days’ written notice of all meetings.

(j) The board shall annually elect from its members a chair and a vice chair, at the first meeting of the board held after October 1 of each year, and each shall serve until the first meeting held after October 1 of the following year. In the event of the death, resignation, or removal of the chair from the board, the vice chair shall succeed as chair for the remainder of the unexpired term. In the event of the death, resignation, removal, or succession to the office of chair of a vice chair, a successor shall be elected by the board to fill the remainder of the unexpired term as vice chair. The chair, or in the absence of the chair, the vice chair, shall preside at all meetings of the board. The chair of the board may appoint a secretary to the board, with the consent of the members of the board, who shall serve at the pleasure of the board. The salary of the secretary shall be fixed by the board. The secretary shall be the executive officer to the board but shall not be a member of the board. The secretary shall have those powers and shall perform those duties as are prescribed by law and the rules and regulations of the board. A clerk and sufficient deputy clerks to adequately assist the board and secretary in the keeping of the records and in the performance of their duties may be appointed by the board subject to the Merit System.
Ala. Code § 34-29-64 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-64
Section 34-29-64 Qualifications of Members; Removal
Status: in_force

(a)(1) Six members of the board shall be graduates of an accredited school of veterinary medicine; legal residents of Alabama; currently and validly licensed to practice veterinary medicine in Alabama; actively employed and licensed in the practice of veterinary medicine in the State of Alabama for the five years immediately prior to appointment; and continuing at least 35 hours per week in the practice of veterinary medicine while serving on the board.

(2) One member of the board shall be a licensed veterinary technician.

(3) One member of the board shall be a consumer.

(b) No person who has been appointed to the board shall continue membership on the board if, during the term of his or her appointment, he or she shall have done any of the following:

(1) Transfer his or her legal residence to another state.

(2) Own or be employed by any wholesale or jobbing house dealing in supplies, equipment, or instruments used or useful in the practice of veterinary medicine.

(3) Have his or her license to practice veterinary medicine as a veterinarian or as a licensed veterinary technician rescinded.

(4) Miss three consecutive meetings of the board.

(5) Be guilty of misconduct or gross inefficiency.

(c) The board shall establish procedures for the removal of members who violate one or more of the provisions of subsection (b).
Ala. Code § 34-5-13 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-13
Section 34-5-13 Board of Barber Examiners
Status: in_force

There is hereby created the Alabama Board of Barber Examiners, to consist of five persons. Such board shall be appointed by the Governor of the State of Alabama, one person appointed for the term of one year, one person for a term of two years, one person for a term of three years, one person for a term of four years, and one person for a term of five years and until their successors are appointed and qualified.

Each member of the board shall be a practicing registered barber, who has followed the occupation of barbering for five continuous years in Alabama prior to his or her appointment.

The succeeding members of the board shall serve for five years. Vacancies caused by death, resignation, or otherwise shall be filled by the remaining members of the board. Members appointed to fill vacancies shall serve for the unexpired term of their predecessors. The board may do all things necessary and convenient for enforcing the provisions of this chapter. They may from time to time promulgate necessary rules and regulations compatible with the provisions of this chapter and the State Board of Health.

The members of the board shall annually elect from among their number a president, a vice-president, and appoint an executive secretary. The executive secretary need not be a member of the board. The board shall be empowered to employ adequate personnel to properly enforce the provisions of this chapter. The compensation of the personnel shall be paid out of the funds received by the board. All employees of the board shall serve at the pleasure of the board. The executive secretary and all employees that handle money before entering upon the discharge of their duties shall file with the Treasurer of the State of Alabama a good and sufficient bond in the penal sum of $10,000, payable to the State of Alabama, to insure the faithful performance of his or her duties as such executive secretary, and the premium on such bond shall be paid out of the funds of the board.

The executive secretary of the board shall be paid a salary as determined by the board to be paid semimonthly and shall be reimbursed on necessary travel expenses and other incidental expenses incurred in the discharge of his or her official duties, when properly vouchered and authorized by the board.

Each member of the board shall receive compensation fixed by the board, not to exceed $40 per diem while engaged in the discharge of his or her official duties and necessary expenses plus $.10 a mile for necessary travel involved in such official duties, not to exceed 30 days in any one calendar year.

The compensation and expenses as herein provided and other expenses authorized by this chapter shall be paid from the fund derived from the operation of this chapter.

The board shall meet in the City of Montgomery, Alabama, on the second Monday in January, April, July, and October of each year and at such other times and places as the board may direct. The majority of the members of the board shall constitute a quorum for the transaction of business. The board shall prescribe rules for its government and have a seal with which to authenticate its acts.

The board shall keep a permanent record of its proceedings. It shall keep a register of applications for certificates or licenses showing the name of the applicant, the name and location of his or her place of occupation or business, and whether the applicant was granted or refused a license. The books and records of the board shall be prima facie evidence of the matters therein contained, which constitute public records and shall at all reasonable times be open for public inspection.

The State Board of Barber Examiners shall work with, seek the advice of, and cooperate with the State Health Department on all matters of sanitation in regard to inspection of barbershops, barber schools, and barbers in the State of Alabama.

The State Board of Examiners shall work with, seek the advice of, and cooperate with the State Department of Education on matters of establishing the education of applicants for barber schools or applicants for apprentice license, or applicants for a certificate as a journeyman barber.
Ala. Code § 34-25-6 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-6
Section 34-25-6 Admissibility of Results as Evidence
Status: in_force

Nothing in this chapter shall be construed as permitting the results of truth examinations or polygraph examinations to be introduced or admitted as evidence in a court of law.
Ala. Code § 34-37-14 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-14
Section 34-37-14 Wrongful Use of Certificate; Notification of Address; Inactive Status Affidavit
Status: in_force

(a) No person who has obtained a certificate or registration shall allow his or her name to be used by another person, either for the purpose of obtaining permits, or doing business or work under his or her certificate or registration; and every person certified or registered shall notify the board of the address of his or her residence and place of business and the name under which such business is carried on, and shall give written notice within 30 days to the board of any change in either.

(b) Before any individual certified by the board engages in the business of master plumber and/or master gas fitter, he or she shall notify the board of the address of the place of business he or she engages in as such and the name under which such business is carried on and shall give written notice within 30 days of any change in either. All information required by this section shall be furnished on a business certification form furnished by the board.

(c) Any current certified or registered individual who does not intend to engage in the business of plumbing or gas fitting, as defined in this chapter, shall complete an inactive status affidavit obtained from the board. Any individual in inactive status must renew annually by remitting the annual inactive renewal fee set in the fee schedule.

(d) Code officials who hold a certification with the board and wish to be inactive shall be exempt from all renewal fees and re-examination requirements.

(e) Any individual in inactive status who wishes to reinstate active status shall complete an active status affidavit obtained from the board and remit all prescribed fees prior to re-engaging in plumbing or gas fitting, or both.
Ala. Code § 34-30-114 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-114
Section 34-30-114 Construction and Severablility
Status: in_force

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes.

(b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in this compact, the United States, or the applicability to any government, agency, individual, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency, individual, or circumstance shall not be affected.

(c) Notwithstanding subsection (b), the commission may deny a state’s participation in this compact or, in accordance with the requirements of Section 34-30-112(b), terminate a member state’s participation in this compact, if the commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 34-8A-82 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-82
Section 34-8A-82 Alabama Licensed Counselor Wellness Program
Status: in_force

The Alabama Licensed Counselor Wellness Program is created to develop, maintain, and make available treatment programs for all licensees who voluntary seek medical intervention, treatment, and rehabilitation for an impairment. The program shall operate under the direction of the Alabama Licensed Counselor Wellness Committee.
Ala. Code § 34-25B-19 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-19
Section 34-25B-19 Sufficiency of License to Practice; Occupational Tax or Business License Fee Authorized
Status: in_force

(a) No licensee or applicant shall be required to obtain any authorization or license from, or pay any other fee or post a bond in, any municipality, county, or other political subdivision of this state to engage in any activity regulated under this chapter.

(b) Notwithstanding subsection (a), a municipality, county, or other political subdivision of this state may impose a bona fide occupational tax or business license fee on a licensee.
Ala. Code § 34-39-32 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-32
Section 34-39-32 State Participation in the Compact
Status: in_force

(a) To participate in the compact, a member state shall:

(1) License occupational therapists and occupational therapy assistants.

(2) Participate fully in the commission’s data system, including, but not limited to, using the commission’s unique identifier as defined in rules of the commission.

(3) Have a mechanism in place for receiving and investigating complaints about licensees.

(4) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.

(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation (FBI) and the agency responsible for retaining that state’s criminal records.

a. A member state shall, within a time frame established by the commission, require a criminal background check for a licensee seeking or applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the FBI criminal record search, and shall use the results in making licensure decisions.

b. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the FBI relating to a federal criminal records check performed by a member state under Public Law 92-544.

(6) Comply with the rules of the commission.

(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the commission.

(8) Have continuing competence and education requirements as a condition for license renewal.

(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.

(c) Member states may charge a fee for granting a compact privilege.

(d) A member state shall provide for the state’s delegate to attend all occupational therapy compact commission meetings.

(e) Individuals not residing in a member state shall continue to be able to apply for a member state’s single-state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.

(f) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
Ala. Code § 34-26-81 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-81
Section 34-26-81 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) ADVERSE ACTION. Any action taken by a state psychology regulatory authority which finds a violation of a law or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

(2) ASSOCIATION OF STATE AND PROVINCIAL PSYCHOLOGY BOARDS (ASPPB). The recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

(3) AUTHORITY TO PRACTICE INTERJURISDICTIONAL TELEPSYCHOLOGY. A licensed psychologist’s authority to practice telepsychology, within the limits authorized under this compact, in another compact state.

(4) BYLAWS. Those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Section 34-26-89 for its governance, or for directing and controlling its actions and conduct.

(5) CLIENT/PATIENT. The recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, or consulting services.

(6) COMMISSIONER. The voting representative appointed by each state psychology regulatory authority pursuant to Section 34-26-89.

(7) COMPACT STATE. A state, the District of Columbia, or United States territory that has enacted this compact legislation and that has not withdrawn pursuant to Section 34-26-92 (c) or been terminated pursuant to Section 34-26-91 (b).

(8) COORDINATED LICENSURE INFORMATION SYSTEM or COORDINATED DATABASE. An integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(9) CONFIDENTIALITY. The principle that data or information is not made available or disclosed to unauthorized persons or processes.

(10) DAY. Any part of a day in which psychological work is performed.

(11) DISTANT STATE. The compact state where a psychologist is physically present, not through the use of telecommunications technologies, to provide temporary in-person, face-to-face psychological services.

(12) E.PASSPORT. A certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

(13) EXECUTIVE BOARD. A group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

(14) HOME STATE. A compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

(15) IDENTITY HISTORY SUMMARY. A summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

(16) IN-PERSON, FACE-TO-FACE. Interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

(17) INTERJURISDICTIONAL PRACTICE CERTIFICATE (IPC). A certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one’s qualifications for such practice.

(18) LICENSE. Authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

(19) NON-COMPACT STATE. Any state which is not at the time a compact state.

(20) PSYCHOLOGIST. An individual licensed for the independent practice of psychology.

(21) PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION or COMMISSION. The national administration of which all compact states are members.

(22) RECEIVING STATE. A compact state where the client/patient is physically located when the telepsychological services are delivered.

(23) RULE. A written statement by the Psychology Interjurisdictional Compact Commission adopted pursuant to Section 34-26-90 of the compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.

(24) SIGNIFICANT INVESTIGATORY INFORMATION. Either of the following:

a. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state law or ethics code that would be considered more substantial than minor infraction.

b. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

(25) STATE. A state, commonwealth, territory, or possession of the United States, or the District of Columbia.

(26) STATE PSYCHOLOGY REGULATORY AUTHORITY. The board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

(27) TELEPSYCHOLOGY. The provision of psychological services using telecommunication technologies.

(28) TEMPORARY AUTHORIZATION TO PRACTICE. A licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this compact, in another compact state.

(29) TEMPORARY IN-PERSON, FACE-TO-FACE PRACTICE. Where a psychologist is physically present, not through the use of telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
Ala. Code § 34-33A-12 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-12
Section 34-33A-12 Disposition of Funds
Status: in_force

All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized in Section 36-19-31. The State Fire Marshal may expend monies from the State Fire Marshal’s Fund for the administration and enforcement of this chapter. The State Fire Marshal may receive grants and donations from associations, firms, or individuals who are interested in the upgrading and quality of fire alarm systems in compliance with Alabama state ethics laws.
Ala. Code § 34-14-32 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-32
Section 34-14-32 Meetings
Status: in_force

The board shall meet not less than twice each year at a place, day, and hour determined by the board. The board shall also meet at such other times and places as may be requested by the state board.
Ala. Code § 34-21-20 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-20
Section 34-21-20 Required Generally
Status: in_force

In order to safeguard life and health, any person practicing or offering to practice professional nursing or practical nursing in this state, for compensation, shall hereafter be required to submit evidence that he or she is qualified so to practice and shall be licensed as hereinafter provided. After January 1, 1968, it shall be unlawful for any person not licensed under the provisions hereof to practice or offer to practice professional nursing, for compensation, in this state. After January 1, 1971, it shall be unlawful for any person not licensed under the provisions hereof to practice or offer to practice practical nursing, for compensation, in this state. It shall be unlawful for any person employed for compensation and not licensed under the provisions hereof to use any sign, card, or device to indicate that such person is a professional registered nurse or a licensed practical nurse.
Ala. Code § 34-34-3 — Alabama Code / Title 34 / Chapter 34 / Section 34-34-3
Section 34-34-3 Penalty for False Representation
Status: in_force

It is a Class C misdemeanor for any person not meeting the criteria of Section 34-34-1 to use, in connection with his or her name or place of business, the word “dietitian,” “dietician,” “nutritionist,” “registered dietitian,” “registered dietician,” or the letters “D,” “R.D.,” or any other words, letters, abbreviations, or ensignia indicating or implying that the person is a dietitian, nutritionist, or registered dietitian, or to represent, in any way, orally, in writing, in print, or by signature, directly or by implication, that he or she is a dietitian, nutritionist, or a registered dietitian.
Ala. Code § 34-5A-1 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-1
Section 34-5A-1 Definitions
Status: in_force

For the purposes of this chapter, the following terms have the following meanings:

(1) ADVISORY COUNCIL. The Alabama Behavior Analyst Advisory Council created by this chapter.

(2) APPLIED BEHAVIOR ANALYSIS DIRECT CONTACT TECHNICIAN. An individual who directly implements applied behavior analysis services.

(3) AUTISM. Autism Spectrum Disorder is a neurological and developmental disorder that affects how people interact with others, communicate, learn, and behave.

(4) CERTIFYING ENTITY. The nationally accredited Behavior Analyst Certification Board, Incorporated.

(5) DEPARTMENT. The Department of Mental Health.

(6) DRS. The Department of Rehabilitation Services.

(7) LICENSED ASSISTANT BEHAVIOR ANALYST. An individual who is certified by the certifying entity as a national board certified assistant behavior analyst and who satisfies the criteria identified in Section 34-5A-4.

(8) LICENSED BEHAVIOR ANALYST. An individual who is certified by the certifying entity as a national board certified behavior analyst and who satisfies the criteria identified in Section 34-5A-4.

(9) MENTAL HEALTH COMMISSIONER. The executive officer of the Department of Mental Health.

(10) PRACTICE OF BEHAVIOR ANALYSIS. The design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior.

a. The practice of behavior analysis includes all of the following:

1. The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis.

2. Interventions based on scientific research and the direct observation and measurement of behavior and environment, which utilize contextual factors, establishing operations, antecedent stimuli, positive reinforcement, and other consequences to help individuals develop new behaviors, increase or decrease existing behaviors, and elicit behaviors under specific environmental conditions.

b. The practice of behavior analysis does not include psychological testing, psychotherapy, cognitive therapy, sex therapy, psychoanalysis or hypnotherapy, or long-term counseling as treatment modalities.

c. The practice of behavior analysis does not include preventing or alleviating or curing of diseases or injuries.

d. Nothing in this chapter shall be construed as permitting or allowing a licensed behavior analyst to prescribe or administer any drug, make a medical diagnosis, provide medical treatment, or manage a medical condition. A licensed behavior analyst may not attempt to diagnose, prescribe for, treat, or advise a client with reference to any problem, complaint, or condition falling outside the boundaries of behavior analysis.
Ala. Code § 34-17A-19 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-19
Section 34-17A-19 Additional Remedy
Status: in_force

As an additional remedy, the board may proceed in the Circuit Court of Montgomery County to enjoin and restrain any unlicensed person from violating the prohibitions of this chapter. The board shall not be required to post bond.
Ala. Code § 34-8-20 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-20
Section 34-8-20 Creation; Composition; Appointment and Removal of Members
Status: in_force

In order to safeguard life, health, and property and to promote the general public welfare by requiring that only properly qualified persons be permitted to engage in general contracting, there shall be a State Licensing Board for General Contractors, consisting of five members, who shall be citizens of this state and appointed by the Governor. Each of the members shall be a general contractor, within the meaning of this chapter, with at least 10 years’ experience in the field as a contractor. At least one member of the board shall have as a larger part of his or her business the construction of highways. At least one member of the board shall have as a larger part of his or her business the construction of public utilities. At least one member shall have as a larger part of his or her business the construction of buildings. At least one member of the board shall have as a larger part of his or her business the performance of construction work as a subcontractor. The members of the board shall be appointed for one, two, three, four, and five years respectively, their terms of office expiring on December 31 of those years. Thereafter, on the thirty-first day of December in each year the Governor shall appoint to fill the vacancies caused by the expiration of the term of office a member for a term of five years. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. Each member shall hold over after the expiration of his or her term until his or her successor shall be duly appointed and qualified. If a vacancy shall occur on the board for any cause, the vacancy shall be filled by the appointment of the Governor, and the Governor may remove any member of the board at any time, with or without cause.
Ala. Code § 34-26-62 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-62
Section 34-26-62 Duties - Supervisees
Status: in_force

(a) A psychological technician supervisee shall perform all of the following duties:

(1) Enter into a written agreement with the supervisor, using a board adopted supervision contract form, which details the obligations of the supervisee as well as the responsibilities of the supervisor to the supervisee. This form shall be filed with and accepted by the board prior to practice.

(2) Attend scheduled supervision sessions.

(3) Provide the supervisor with a disclosure of psychological services being offered or rendered by him or her.

(4) Cooperate with the supervisor to assure that all conditions of the supervision are fulfilled.

(5) Provide the supervisor with information necessary for the supervisor to advise him or her on cases presenting professional, ethical, or legal concerns.

(6) File a revised supervision contract form within 45 days of a change in the conditions specified in the supervision contract form on file with the board.

(7) Obtain a written, signed consent from each patient or client that informs them of the supervisory process.

(b) Failure to comply with any of the duties specified in subsection (a) shall constitute a Class B misdemeanor.
Ala. Code § 34-4-7 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-7
Section 34-4-7 Penalties
Status: in_force

(a) Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both.

(b) Any person, having previously been convicted for violating this chapter, who subsequently violates this chapter, shall, upon conviction for the subsequent violation, be guilty of a Class C felony, subject to a fine or imprisonment, or both.
Ala. Code § 34-22-84 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-84
Section 34-22-84 Maintenance of Records
Status: in_force

(a) Patient records shall be maintained for all telemedicine services. The provider or distant site provider shall maintain the records created at any site where treatment or evaluation is provided.

(b) Distant site providers shall obtain an adequate and complete medical history for the patient before providing treatment and shall document the medical history in the patient record.

(c) Patient records shall include copies of all relevant patient-related electronic communications, including relevant provider-patient email, prescriptions, laboratory and test results, evaluations and consultations, records of past care, and instructions. If possible, telemedicine encounters that are recorded electronically shall also be included in the patient record.
Ala. Code § 34-20-2 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-2
Section 34-20-2 License Required
Status: in_force

No nursing home in the state may operate unless it is under the supervision of an administrator who holds a currently valid nursing home administrator’s license, or provisional license, issued by the Board of Examiners of Nursing Home Administrators. No person shall practice or offer to practice nursing home administration in this state or use any title, sign, card, or device to indicate that he or she is a nursing home administrator unless such person shall have been duly licensed as a nursing home administrator or as a provisional nursing home administrator. In the event a nursing home administrator dies, unexpectedly resigns, becomes incapacitated, or has his or her license revoked, the person or persons then responsible for the management of the nursing home shall immediately notify the Board of Examiners of Nursing Home Administrators and the agency issuing the nursing home license and shall be allowed a reasonable period of time, in accordance with policies adopted by the board, to be established by the agency issuing the nursing home license, not to exceed 180 days from the date of the death, unexpected resignation, incapacitation, or revocation of the license of the nursing home administrator in which to replace the administrator. During the reasonable period of time, the board may issue an emergency permit to a person performing the functions of administrator in such nursing home without being in violation of the provisions of this chapter.
Ala. Code § 34-29-86 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-86
Section 34-29-86 Disposition of Abandoned Animals; Notice to Owner or Agent; Financial Liability of Owner or Agent
Status: in_force

(a) Any animal placed in the custody of a licensed veterinarian for the treatment, boarding, or other care which shall be unclaimed by its owner or his or her agent for a period of more than 10 days after written notice by registered or certified mail, return receipt requested, to the owner or his or her agent at his or her last known address shall be deemed to be abandoned and may be turned over to the nearest humane society or dog pound or sold to collect the lien pursuant to Sections 35-11-390 and 35-11-391.

(b) The giving of notice to the owner or the agent of the owner of the animal by the licensed veterinarian as provided in subsection (a) shall relieve the licensed veterinarian and custodian to whom the animal may be given of any further liability for disposal.

(c) For the purpose of this article, the term abandoned shall mean to forsake entirely, to neglect, or refuse to provide or perform the legal obligations for care and support of an animal by its owner or his or her agent. The abandonment shall constitute the relinquishment of all his or her rights and claims by the owner to the animal.

(d) The disposal of an abandoned animal shall not relieve the owner or agent thereof of any financial obligation incurred for treatment, boarding, or care by the veterinarian.
Ala. Code § 34-24-252 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-252
Section 34-24-252 Powers and Duties
Status: in_force

The State Board of Podiatry shall be the certifying board for podiatrists and shall have the exclusive power and authority to certify and to issue, suspend, revoke, limit, and reinstate all licenses or certificates authorizing the licensee to practice podiatry in the State of Alabama, and shall have the following authorities and shall perform the following duties:

(1) To promulgate any rules and regulations for its government as it may deem necessary and proper; and for purposes of disciplining its licensees, in addition to any other powers of the board, the board may adopt and collect administrative fines, not to exceed two thousand dollars ($2,000) per violation, and may institute any legal proceedings necessary to effect compliance with this article.

(2) To provide a standard of efficiency as to the moral, educational, and experience qualifications and fitness for all persons who desire to practice podiatry in this state.

(3) To elect annually one of its members as president, one as vice-president, and one as secretary-treasurer, who shall hold their respective offices for one year and until their successors are elected and qualified. If a vacancy occurs in any of the three offices, a special meeting of the board shall be called for the purpose of filling the vacancy for the unexpired term.

(4) To administer any oaths and take any affidavits as are required by this article, certifying thereto under its hand and the seal of the board.

(5) To assist in the prosecution of violations of this article.

(6) To appoint or employ a legal adviser or counsel, when deemed necessary, whose compensation shall be fixed by the board and paid in the same manner as the per diem and expenses of the board are paid.

(7) To adopt a common seal to be affixed to its official documents.

(8) To keep a record of its proceedings, a register of persons licensed as podiatrists, and a register of licenses and certificates revoked by the board.

(9) To annually, on or before January 1, make a report to the Governor of Alabama of all its official acts during the preceding year, of its receipts and disbursements, a full and complete report of the condition of podiatry and the practice in this state, and to file duplicate copies of the report with the Secretary of State, the State Auditor, and the Alabama Department of Archives and History.

(10) To employ, when deemed necessary and without regard to the state Merit System, and set the salary of, an executive director who shall serve at the pleasure of the board and shall administer board policy.
Ala. Code § 34-13A-2 — Alabama Code / Title 34 / Chapter 13A / Section 34-13A-2
Section 34-13A-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) ABGC. The American Board of Genetic Counseling, or its successor or equivalent.

(2) ABMGG. The American Board of Medical Genetics and Genomics, or its successor or equivalent.

(3) ACGC. The Accreditation Council for Genetic Counseling, or its successor or equivalent.

(4) BOARD. The Alabama Board of Genetic Counseling.

(5) EXAMINATION FOR LICENSURE. The ABGC or ABMGG certification examination, or the examination provided by a successor entity to the ABGC or ABMGG, to test the competence and qualifications of applicants to practice genetic counseling.

(6) GENETIC COUNSELING. The provision of services by a genetic counselor to do any of the following:

a. Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, or other family members.

b. Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases.

c. Identify, recommend, and coordinate genetic tests and other genetic related diagnostic studies as appropriate for the genetic assessment consistent with practice-based competencies provided by the ACGC.

d. Integrate genetic test results and other genetic-related diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.

e. Explain the clinical implications of genetic tests and other genetic-related diagnostic studies and their results.

f. Evaluate the responses of the client or family to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance.

g. Identify and utilize community resources that provide medical, educational, financial, and psychosocial support and advocacy.

h. Provide written documentation of medical, genetic, and counseling information for families and health care professionals.

(7) GENETIC COUNSELING INTERN. A student enrolled in a genetic counseling program accredited by the ACGC or ABMGG.

(8) GENETIC COUNSELOR. An individual licensed by the board to engage in the practice of genetic counseling.

(9) GENETIC TEST or GENOMIC TEST.

a. A test or analysis of human genes, gene products, Deoxyribonucleic acid, Ribonucleic acid, chromosomes, proteins, or metabolites that does any of the following:

1. Detects genotypes, mutations, chromosomal changes, abnormalities, or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments.

2. Indicates a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental.

3. Demonstrates genetic or chromosomal damage due to environmental factors.

b. The terms genetic test and genomic test do not include any of the following:

1. Routine physical measurements.

2. Chemical, blood, and urine analyses that are widely accepted and in use in clinical practice.

3. Tests for the use of drugs.

4. Tests for the presence of a pathogen.

5. Analyses of proteins or metabolites that do not detect genotypes, mutations, chromosomal changes, abnormalities, or deficiencies.

6. Analyses of proteins or metabolites that are directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.

(10) NSGC. The National Society of Genetic Counselors, or its successor or equivalent.

(11) QUALIFIED SUPERVISOR. Any individual licensed as a genetic counselor, a physician licensed to practice medicine or osteopathy in this state, or an individual certified in molecular genetic pathology by the American Board of Pathology and the ABMGG.

(12) SUPERVISION. The overall responsibility of a qualified supervisor to assess the work of a genetic counselor with a temporary license, including regular meetings and chart review, if an annual supervision contract signed by the supervisor and the temporarily licensed genetic counselor is on file with both parties. The presence of a qualified supervisor is not required during the performance of the genetic counseling service.
Ala. Code § 34-9-45 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-45
Section 34-9-45 Board to Assist Prosecuting Officers
Status: in_force

The board and its members and officers shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of the board, its members and officers to furnish the proper prosecuting officers with such evidence as it or they may ascertain to assist them in the prosecution of any violation of this chapter, and the board is authorized for such purposes to make such reasonable expenditures from the funds of the board as it may deem necessary to ascertain and furnish such evidence.
Ala. Code § 34-6-6 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-6
Section 34-6-6 Screens, Blinds, Partitions, Etc
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 34-7-45 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-45
Section 34-7-45 Inspectors, Counsel and Clerks
Status: reserved

Repealed by Acts 1997, No. 97-224, &sect;4, effective April 17, 1997.
Ala. Code § 34-26-82 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-82
Section 34-26-82 Home State Licensure
Status: in_force

(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.

(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this compact.

(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this compact.

(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

(1) Currently requires the psychologist to hold an active E.Passport;

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and

(5) Complies with the bylaws and rules of the commission.

(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

(1) Currently requires the psychologist to hold an active IPC;

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) Notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of the compact; and

(5) Complies with the bylaws and rules of the commission.
Ala. Code § 34-13-198 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-198
Section 34-13-198 Revoking, Suspending, or Placing on Probation the Certificate of Authority and the Establishment License of a Certificate Holder
Status: in_force

The board may fine and revoke, suspend, or place on probation the certificate of authority and the establishment license of a certificate holder on any of the following grounds:

(1) The certificate holder is impaired or insolvent.

(2) The certificate holder has refused to submit, or has withheld, any of its books, records, accounts, or affairs to examination by the board.

(3) The certificate holder has concealed or removed records or preneed assets, or both.

(4) The certificate holder has failed to comply with an order of the board.

(5) The certificate holder has transferred, or attempted to transfer, substantially its entire property or business, or has entered into any transaction the effect of which is to merge substantially its entire property or business with that of any other certificate holder, person, corporation, or entity without first having obtained the written approval of the board.

(6) The certificate holder has willfully violated its articles of incorporation or any law of this state, including any rule of the board.

(7) The certificate holder has an officer, director, or manager who has refused to be examined, under oath concerning the affairs of the certificate holder.

(8) If the board determines that the continued preneed sales of the certificate holder would be hazardous to purchasers, beneficiaries, or residents of this state.
Ala. Code § 34-21-125 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-125
Section 34-21-125 Coordinated Licensure Information System; Exchange of Information
Status: in_force

(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical nurses. This system shall include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

(b) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications with the reasons for the denials, and nurse current participation in alternative programs known to the licensing board, regardless of whether the participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of all other party states, which shall include, at a minimum, all of the following:

(1) Identifying information.

(2) Licensure data.

(3) Information related to alternative program participation.

(4) Other information that may facilitate the administration of this compact, as determined by commission rules.

(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Ala. Code § 34-24-342 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-342
Section 34-24-342 Construction of Article; Commission to Have Exclusive Power Over Licenses; Licenses to Be Filed with County Probate Judge
Status: in_force

No provision of this article shall be construed as repealing any other law with reference to the requirements regulating the practice of medicine or osteopathy except insofar as the same may conflict with the provisions of this article. It is the purpose of this article to vest exclusively in the Medical Licensure Commission the power to issue, revoke, and reinstate all licenses to practice medicine or osteopathy.

Any person who receives a license to practice medicine or osteopathy shall, within 10 days after locating in a county, file the license in the office of the judge of probate of such county for records; and, should the practitioner remove his or her residence to another county, he or she shall within that time have his or her license recorded in that county.
Ala. Code § 34-14B-10 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-10
Section 34-14B-10 Applicability to Inspectors of Exterior Insulation and Finish Systems
Status: in_force

Where the Alabama Home Inspectors Registration Act contains a provision relating specifically to home inspectors, such provision shall be made applicable to inspectors of Exterior Insulation and Finish Systems (EIFS) except as to the following:

(1) Applicants for licensure as an EIFS inspector shall complete a separate application prescribed by the Building Commission demonstrating evidence of the same requirements of Section 34-14B-3, except as to the provisions of subdivisions (3) and (4) of subsection (a) of that section, and shall demonstrate evidence of licensure as an EIFS inspector by the Exterior Design Institute or an equivalent professional body as determined by the Building Commission in lieu of the successful completion of an examination required of home inspectors pursuant to Section 34-14B-4.1.

(2) A separate certificate of licensure for EIFS inspectors shall be issued by the Building Commission upon the applicant’s having met the requirements of this section.

(3) An EIFS inspector shall only be required to comply with the Standards of Practice and Code of Ethics specifically made applicable to EIFS inspectors in the rules promulgated by the Building Commission.
Ala. Code § 34-14A-8 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-8
Section 34-14A-8 Revocation, Etc., of License; Consumer Complaint; Hearing; Appeal; Reissuance; Fines
Status: in_force

(a) The board may levy and collect administrative fines not to exceed five thousand dollars ($5,000) for each violation or revoke or suspend the license of any licensee who, in the opinion of the board, has committed fraud or deceit in obtaining a license required by this chapter, who has been guilty of gross negligence, incompetence, or misconduct in the practice of residential home building, who has engaged in the business of residential home building outside the scope of the license, or who has violated this chapter or a board rule. Should the board establish or adopt, or both, standards of practice for residential home builders within the state, as provided in Section 34-14A-12, the board may suspend the license of any licensee who, in the opinion of the board, has committed a violation of the standards of practice and may impose any other disciplinary sanctions authorized pursuant to this chapter.

(b) An original homeowner may file a consumer complaint alleging a violation of this section against any licensee. Consumer complaints shall be made in writing and sworn to by the person making the consumer complaint and shall be submitted to the executive director of the board within six years of the date of substantial completion of construction or within six years of the date the original homeowner took possession of the residence.

(c) An investigation may be initiated upon receipt of a consumer complaint or may be initiated by the board. The board may resolve violations by agreement between the board and the licensee with or without the filing of a formal administrative summons and complaint.

(d) With the consent of the licensee, the board may conduct an informal hearing without meeting the requirements of the Administrative Procedure Act if no action is taken other than a reprimand, public or private.

(e) The charges, unless dismissed without hearing by the board as unfounded or trivial, shall be heard within three months after the filing of an administrative summons and complaint by the board’s executive director.

(f) A copy of the charges, with notice of the time and place of the hearing, shall be served on the licensee charged at least 15 days before the hearing date.

(g) The licensee charged may appear personally and may be represented by counsel. He or she may cross-examine witnesses against him or her and may produce evidence and witnesses in his or her defense.

(h) If, after hearing, the board votes to revoke or suspend the license of, or impose a fine upon, the licensee charged on the basis of fraud or deceit in obtaining his or her license or gross negligence, incompetence, or misconduct in the practice of residential home building, a violation of this chapter or board rule, or a violation of the standards of practice, it shall so order, and the board may impose and collect the actual costs of the hearing.

(i) The licensee may, within 30 days from the date of receipt or service of the order, file with the board written notice of his or her intention to appeal from the order of the board. Appeals from orders of the board shall be to the circuit court with jurisdiction of the licensee’s residence, or if the licensee is out of state, then to the Circuit Court of Montgomery County, for a determination by the court whether the decision of the board is supported by substantial evidence. If the court so finds, it shall affirm the action of the board.

(j) The board may issue a license to a licensee whose license has been revoked, and may reinstate a suspended license prior to the end of the suspension period, if four or more members of the board vote in favor of the issuance or reinstatement.

(k) In addition to any other disciplinary action authorized pursuant to this section, the board may require a licensee to successfully complete education requirements to be determined by the board for a violation of this chapter or a board rule.
Ala. Code § 34-19-21 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-21
Section 34-19-21 Coverage or Reimbursement for Services Not Required
Status: in_force

Nothing contained in this chapter shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6, commencing with Section 10A-20-6.01, of Chapter 20, Title 10A, provide coverage or reimbursement for the services described or authorized in this chapter.
Ala. Code § 34-24-211 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-211
Section 34-24-211 Application; Fee; Criminal History Background Check
Status: in_force

(a) An applicant for licensure as a physical therapist or as a physical therapist assistant shall file a written application on forms provided by the board together with a fee as set by the board, no part of which shall be refundable. The applicant shall present evidence satisfactory to the board that he or she is of good moral character and has completed a program of physical therapy education appropriate for training a physical therapist or a physical therapist assistant approved by the board or a nationally recognized accrediting agency. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government.

(b) On and after June 1, 2021, an applicant for licensure as a physical therapist or a physical therapist assistant shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant.
Ala. Code § 34-28A-2 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-2
Section 34-28A-2 Declaration of Policy and Legislative Intent
Status: in_force

It is declared that the practice of speech-language pathology and audiology is a privilege which is granted to qualified persons by legislative authority in the interest of public health, safety, and welfare, and, in enacting this law, it is the intent of the Legislature to require educational training and licensure of any person who engages in the practice of speech-language pathology or audiology, or both, to encourage better educational training programs, to prohibit the unauthorized and unqualified practice of speech-language pathology or audiology, or both, and the unprofessional conduct of persons licensed to practice speech-language pathology and audiology and to provide for enforcement of this chapter and penalties for its violation. To help insure the availability of the highest possible quality speech-language pathology or audiology services, or both, to the communicatively handicapped people of the state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.
Ala. Code § 34-8A-19 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-19
Section 34-8A-19 Board’s Quasi-Judicial Authority; Sole Licensing Authority
Status: in_force

The Alabama Board of Examiners in Counseling shall have authority to administer oaths, to summon witnesses, to issue subpoenas, and to take testimony in all matters relating to its duties. The board shall be the sole agency in this state empowered to certify concerning competence in the private practice of counseling, and the sole board empowered to license for the private practice of counseling.
Ala. Code § 34-6-1 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-1
Section 34-6-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the respective meanings ascribed by this section:

(1) BILLIARDS. Any of the several games played on a table surrounded by an elastic ledge of cushions, with balls which are impelled by a cue, including all forms of the game known as carom billiards, pocket billiards, formerly known as pool, and English billiards.

(2) BILLIARD ROOM. Any public place where the game of billiards is permitted to be played and for which a charge is made.
Ala. Code § 34-34A-2 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-2
Section 34-34A-2 Purpose
Status: in_force

It is the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensing and regulation of persons engaged in the practice of dietetics and nutrition.

The provisions of this chapter shall not apply to hospitals doing business in Alabama as defined by Section 22-21-20(1), for a period of five years only, such exemption beginning on May 17, 1989.
Ala. Code § 34-40-69 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-69
Section 34-40-69 Rulemaking
Status: in_force

(a) The compact commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

(b) The rules of the compact commission shall have the force of law in each member state, provided that where the rules conflict with the laws or rules of a member state that relate to the scope of practice a licensed athletic trainer is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.

(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules of this compact shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.

(d) If a majority of the legislatures of the member states rejects a rule, or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.

(e) Rules shall be adopted at a regular or special meeting of the compact commission.

(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. At least 30 days in advance of the public hearing on the proposed rule, the compact commission shall provide a notice of proposed rulemaking:

(1) On the website of the compact commission or other publicly accessible platform;

(2) To persons who have requested notice of the compact commission’s notices of proposed rulemaking; and

(3) In other ways that the compact commission, by rule, may specify.

(g) The notice of proposed rulemaking shall include:

(1) The time, date, and location of the public hearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the compact commission will consider and vote on the proposed rule;

(2) If the hearing is held via telecommunication, video conference, or other electronic means, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;

(3) The text of the proposed rule and the reason therefor;

(4) A request for comments on the proposed rule from any interested person; and

(5) The manner in which interested persons may submit written comments.

(h) All hearings will be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.

(i) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this section.

(j) The compact commission, by majority vote of all members, shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.

(1) The compact commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

(2) The compact commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

(3) The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in this section, the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

(k) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24-hours’ notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of compact commission or member state funds;

(3) Meet a deadline for the adoption of a rule that is established by federal law or rule; or

(4) Protect public health and safety.

(l) The compact commission or an authorized committee of the compact commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the compact commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the compact commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the compact commission.

(m) No member state’s rulemaking requirements shall apply under this compact.
Ala. Code § 34-2-43 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-43
Section 34-2-43 Sunset Provision
Status: in_force

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3.
Ala. Code § 34-7B-84 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-84
Section 34-7B-84 Reissuance of a Multistate License by a New Home State
Status: in_force

(a) A licensee may hold a multistate license, issued by his or her home state, in only one member state at any given time.

(b) If a licensee changes his or her home state by moving between two member states:

(1) The licensee shall immediately apply for the reissuance of his or her multistate license in his or her new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission;

(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered, and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state shall be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;

(3) If required for initial licensure, the new home state may require a background check as specified in the laws of the new home state or compliance with any jurisprudence requirements of the new home state; and

(4) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.

(c) If a licensee changes his or her primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.

(d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only one home state and only one multistate license.

(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
Ala. Code § 34-13-277 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-277
Section 34-13-277 Jurisdiction of Commissioner
Status: in_force

The board shall have the same jurisdiction over funeral establishments, funeral directors, cemetery authorities, or third party sellers who sell preneed contracts without a preneed certificate of authority as the board has over those preneed sellers who possess a preneed certificate of authority.
Ala. Code § 34-13-233 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-233
Section 34-13-233 Rights of Purchaser; Cancellation of Contract; Revocability
Status: in_force

(a) A purchaser, by providing written notice to the certificate holder, may cancel a preneed contract within 30 days of the date that the contract was executed provided that the funeral merchandise and funeral services have not yet been used. Upon providing the notice, the purchaser shall be entitled to a complete refund of the amount paid, except for the amount allocable to any funeral merchandise or funeral services that have been used, and shall be released from all obligations under the contract. This subsection shall apply to all items that are purchased as part of a preneed contract.

(b) After 30 days from the date the preneed contract was executed, a purchaser, by providing written notice to the certificate holder, may cancel the funeral services, funeral merchandise, facilities, and cash advance items portions of a preneed contract at any time, and shall be entitled to the refund defined in the preneed contract allocable to those items. Any accumulated earnings allocable to the preneed contract shall be paid to the certificate holder upon the cancellation.

(c) Upon breach of contract or failure of the certificate holder to provide funeral merchandise or services under a preneed contract, the contract purchaser shall be entitled to a refund of 100 percent of all money paid on the contract. The refund shall be made within 30 days after receipt by the certificate holder of the contract purchaser’s written request for refund.

(d) If a purchaser is 90 days past due in making payments on a preneed contract, the contract shall be considered to be in default, and the certificate holder shall be entitled to cancel the contract and withdraw all funds in trust. Upon making the withdrawal, the certificate holder shall refund to the purchaser the amount defined in the preneed contract in the event of default of the purchaser, provided that the certificate holder has provided the purchaser with 30 days’ written notice of its intention to exercise any of its rights under this provision.

(e) All preneed contracts are cancelable and revocable as provided in this section during the lifetime of the purchaser, provided that a preneed contract does not restrict any contract purchaser who is a qualified applicant for, or a recipient of, supplemental security income, temporary cash assistance, or Medicaid from making his or her contract irrevocable.

(f) In the event that the preneed contract is made irrevocable pursuant to subsection (e), the authorizing agent shall have the right to appoint a provider other than the seller of the preneed contract. In the event that a provider is appointed pursuant to this subsection, the seller shall transfer to the appointed provider the amount paid by the purchaser to the seller and those amounts deposited into trust, less a reasonable transfer fee determined by the board. In the event the preneed contract was funded by an insurance or annuity policy, the seller shall cancel and relinquish any assignment of benefits or beneficiary status under the policy or annuity contract, and deliver the policy, if in the custody of the preneed seller, to the policy owner or his or her legal representative, and the seller may collect a reasonable transfer fee as determined by rule of the board . No transfer hereunder shall occur without the acceptance of the appointed provider.

(g) All refunds required to be made under this section to a purchaser who has canceled a contract must be made within 30 days after the date the written notice of cancellation is received by the certificate holder.
Ala. Code § 34-33A-1 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-1
Section 34-33A-1 Definitions
Status: in_force

For purposes of this chapter, the following words have the following meanings:

(1) CERTIFICATE HOLDER. An individual who is listed on the State Fire Marshal’s permit as the responsible managing owner, partner, officer, or employee who is actively in charge of the work of the certified fire alarm contractor meeting the requirements established in Section 34-33A-5.

(2) CERTIFIED FIRE ALARM CONTRACTOR. A fire alarm contractor who has qualified and received a permit from the State Fire Marshal, with an NICET Level III on staff.

(3) FIRE ALARM CONTRACTOR. An individual, partnership, corporation, association, or joint venture engaged in the business of installation, repair, alteration, addition, maintenance, or inspection of fire alarm systems. The term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.

(4) FIRE ALARM SYSTEM. A system or portion of a combination system that consists of components and circuits arranged to monitor and annunciate the status of fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals. Any system installed after August 1, 2009, shall follow the installation standard set forth by the latest edition of the National Fire Protection Association 72 National Fire Alarm Code. The system shall meet the requirements of all locally adopted codes and standards of the local municipality into which the system is installed and shall be acceptable to the local authority having jurisdiction.

(5) LICENSED ELECTRICAL CONTRACTOR. An individual, partnership, corporation, association, or joint venture which is licensed as an electrical contractor engaged in the business of installation of conduit, wire, and fire alarm associated equipment, but does not design, program, certify, inspect, or test fire alarm systems. A licensed electrical contractor is not a fire alarm contractor for the purpose of this chapter.

(6) NICET. National Institute for Certification in Engineering Technology.

(7) STATE FIRE MARSHAL’S PERMIT. The form issued by the State Fire Marshal to a fire alarm contractor upon application being approved and fee paid. The permit shall be issued in the name of the fire alarm contractor, with the name of the certificate holder noted thereon.
Ala. Code § 34-43A-2 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-2
Section 34-43A-2 Definitions. (Amended by Act 2026-162)
Status: in_force

AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

For purposes of this chapter, the following terms have the following meanings:

(1) ADVERTISE. To distribute a card, flier, sign, or device to any individual or entity, or allow any sign or marking on any building, radio, television, or to publicize by any other means designed to attract public attention.

(2) BOARD. The Alabama Massage Therapy Licensing Board created by this chapter.

(3) EMERGENCY ORDER. The immediate suspension of a license without a hearing when the board determines that public safety is at immediate risk. An emergency order requires a licensee to cease practice pending a formal hearing. The term may also be referred to as the summary suspension of a license.

(4) EXAMINATION. The National Certification Board for Therapeutic Massage and Bodywork Examination or the Federation of State Massage Therapy Board’s Massage and Bodywork Licensing Examination administered by an independent agency or another nationally or internationally accredited examination administered by an independent agency approved by the board, or state examination administered by the board or, at the discretion of the board, a state examination administered by the appropriate regulating body for massage therapy located in another state. The national examination shall be accredited by the National Commission for Certifying Agencies. The board may also administer a written, oral, or practical examination.

(5) EXECUTIVE DIRECTOR. The Executive Director of the Alabama Massage Therapy Licensing Board.

(6) LICENSE. The credential issued by the board which allows the holder to engage in the safe and ethical practice of massage therapy.

(7) MASSAGE THERAPIST. An individual licensed pursuant to this chapter who practices or administers massage therapy or related touch therapy modalities to a client for compensation.

(8) MASSAGE THERAPY ESTABLISHMENT. A site, premises, or business licensed by the board where massage therapy is practiced by a massage therapist.

(9) MASSAGE THERAPY INSTRUCTOR. A massage therapist who is approved by the board to teach the practice of massage therapy.

(10) MASSAGE THERAPY or RELATED TOUCH THERAPY MODALITIES. a. The mobilization of the soft tissue which may include skin, fascia, tendons, ligaments, and muscles for the purpose of establishing and maintaining good physical condition.

b. The term includes effleurage, petrissage, tapotement, compression, vibration, stretching, heliotherapy, superficial hot and cold applications, topical applications, or other therapy that involves movement either by hand, forearm, elbow, or foot, or use of manual methods or mechanical or electrical devices or tools that mimic or enhance the action of human hands for the purpose of therapeutic massage, and any massage, movement therapy, massage technology, myotherapy, massotherapy, oriental massage technique, structural integration, acupressure, or polarity therapy.

c. The term may include the external application and use of herbal or chemical preparations and lubricants including, but not limited to, salts, powders, liquids, nonprescription creams, mechanical devices such as cups, T-bars, thumpers, body support systems, heat lamps, hot and cold packs, salt glow, steam cabinet baths, or hydrotherapy.

d. The term does not include laser therapy, microwave, injection therapy, manipulation of the joints, or any diagnosis or treatment of an illness which normally involves the practice of medicine, chiropractic, physical therapy, podiatry, nursing, midwifery, occupational therapy, veterinary, acupuncture, osteopathy, orthopedics, hypnosis, or naturopathics.

(11) MASSAGE THERAPY SCHOOL. A school approved by the board where massage therapy is taught and which is one of the following:

a. If located in Alabama, approved by the board as meeting the minimum established standards of training and curriculum as determined by the board.

b. If located outside of Alabama, recognized by the board and by a regionally recognized professional accrediting body.

c. A postgraduate training institute accredited by the Commission on Massage Therapy Accreditation.

(12) SEXUALLY-ORIENTED BUSINESS. A sex parlor, massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult motel, or other commercial enterprise which has the offering for sale, rent, or exhibit, or the exhibit of, items or services intended to provide sexual stimulation or sexual gratification to the client.

(13) STUDENT. Any individual who is enrolled in a massage therapy school.
Ala. Code § 34-6-15 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-15
Section 34-6-15 Exemptions from Chapter
Status: in_force

The provisions of this chapter shall not be construed to include billiard tables or billiard rooms operated by industrial concerns for the exclusive use of their employees, Young Men’s Christian Association, religious orders, charitable institutions, state, county or city institutions, fraternal orders, or bona fide clubs using such tables for employees or members only.
Ala. Code § 34-14A-43 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-43
Section 34-14A-43 Alabama Residential Building Code Fund
Status: in_force

(a) The Alabama Residential Building Code Fund is established within the State Treasury. The fund shall be administered by the board for the administration and operation of the division.

(b) Receipts deposited into the fund shall be disbursed only by warrants of the state Comptroller drawn upon the State Treasury on itemized vouchers approved by the executive director of the board.

(c) No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, other appropriation acts, or this section.

(d) At the end of each fiscal year, any unencumbered balance of up to 25 percent of the amount appropriated for that fiscal year shall not revert to the State General Fund under Section 41-4-93, but shall carry over to the next fiscal year within the Alabama Residential Building Code Fund, and any unencumbered balance over 25 percent of the amount appropriated for that fiscal year shall revert to the State General Fund.
Ala. Code § 34-8A-15 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-15
Section 34-8A-15 Applicants Qualified Out-of-State; Provisional License
Status: in_force

Upon application accompanied by fee the board may issue a license to any person who furnishes upon a form and in such manner as the board prescribes, evidence satisfactory to the board that he or she is licensed as a professional counselor or as a counselor associate by another state, territorial possession of the United States, District of Columbia, or Commonwealth of Puerto Rico if the requirements for such licensure or certification are substantially equivalent to those of this chapter.

In the event the board determines that requirements are not substantially equivalent to those of this chapter, the board may issue a provisional license. A provisional license may be renewed for an additional one-year period. Rules concerning the qualifications for provisional licensure shall be established by the board.
Ala. Code § 34-24-295 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-295
Section 34-24-295 License Required
Status: in_force

(a) Any person practicing or offering to practice as an assistant to physician in this state shall be licensed and registered by the board in accordance with this article and the rules of the board.

(b) There shall be no independent unsupervised practice by an assistant to physician who is granted a license to practice as an assistant to physician.
Ala. Code § 34-8B-6 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-6
Section 34-8B-6 Complaints; Hearing; Penalties; Appeal
Status: in_force

(a) All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within 90 days of such conduct and a copy shall be provided to the licensed court reporter within five business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint shall receive actual notice. After investigation of the charges, the board shall conduct a hearing at which time it may dismiss the charges, may impose a fine not to exceed one thousand dollars ($1,000), or may revoke or suspend the license of the licensee.

(b) The licensee may appeal a decision of the board imposing an administrative fine or revoking or suspending a license by submitting a request to the board for reconsideration within 90 days following the decision of the board. If no resolution is achieved, further appeals shall be submitted to the circuit court in the jurisdiction of the residence of the licensee. Any licensee whose application for licensure or for renewal of licensure was denied, or whose license was revoked, may reapply after 12 months have elapsed. The board may then reissue a license or rescind any disciplinary action if a majority of the members vote in favor of the action.
Ala. Code § 34-40-3.2 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-3.2
Section 34-40-3.2 Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers
Status: in_force

(a) There is created the Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers. The membership of the advisory council shall include all of the following:

(1) Three physicians, appointed by the State Board of Medical Examiners.

(2) Three athletic trainers appointed by the board.

(b) In order to stagger the terms of office, the three physician members of the advisory council shall serve initial terms of one, two, and three years, as determined by the State Board of Medical Examiners, and terms of three years thereafter, and the three athletic trainer members of the advisory council shall serve initial terms of one, two, and three years, as determined by the board, and terms of three years thereafter. Should a vacancy occur on the advisory council, a successor shall be appointed by the original appointing authority to serve the remainder of the unexpired term.

(c) The advisory council shall meet annually, or more frequently if agreed by both the State Board of Medical Examiners and the board. During the annual meeting the membership of the advisory council shall select one of its members to serve as chair for a term of one year. The office of chair shall alternate between a physician member and an athletic trainer member.

(d) Members of the advisory council shall receive a per diem at a rate of one hundred dollars ($100) per day or any portion thereof that the advisory council member is attending an official meeting or function of the advisory council. In addition, each member of the advisory council shall receive reimbursement for subsistence and travel in accordance with state law as provided for state employees, for each day actively engaged in the duties of the office. Compensation of the members of the advisory council shall be paid by the appointing authority, and the appointing authorities shall furnish necessary clerical and administrative support for the operation of the advisory council.

(e) Any provision of this chapter to the contrary notwithstanding, the advisory council shall recommend model practice protocols to be used by athletic trainers, subject to approval by both the State Board of Medical Examiners and the board. The advisory council shall be limited to voting on new standard protocols, adding or deleting existing protocols, and amending existing protocols. The advisory council may recommend rules establishing the ratio of physicians to athletic trainers and the manner in which a supervising physician may designate an alternate supervising physician when temporarily unavailable as the supervising physician. The advisory council may not grant deviations from protocol. No rule or protocol shall be effective until approved by both the State Board of Medical Examiners and the board.
Ala. Code § 34-30-55 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-55
Section 34-30-55 Removal of Members
Status: in_force

Members of the Board of Social Work Examiners can be removed from office for cause in the manner provided by the statutes of Alabama for removal of public officials who are not subject to impeachment.
Ala. Code § 34-13-234 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-234
Section 34-13-234 Disbursement of Funds
Status: in_force

(a) Disbursement of funds discharging any preneed contract for funeral services or funeral merchandise fulfilled after May 1, 2002, shall be made by the trustee to the certificate holder upon receipt by the trustee of a certification of the certificate holder that the preneed contract has been performed in whole or in part or the preneed contract has been cancelled. Before the trustee may disburse any trust funds, the certificate holder shall provide to the trustee a death certificate or other valid proof of death, a letter from the preneed contract holder cancelling the preneed contract or valid proof the contract has been cancelled in accordance with Section 34-13-233, or valid proof the merchandise has been delivered and installed, and services have been performed. Any trustee accepting preneed contract proceeds under this chapter may rely upon the certification of the certificate holder accompanied by the required proof, and shall not be liable to anyone for such reliance. If the contract is only partially performed, the disbursement shall only cover that portion of the contract performed. In the event of any contract default by the contract purchaser, or in the event that the funeral merchandise or funeral service contracted for is not provided, the trustee shall return, within 30 days after its receipt of a written request therefor, 100 percent of the funds deposited into the trust on the contract and the income and accretion thereon to the certificate holder or to its assigns, subject to Section 34-13-233.

(b) For all contracts effective on or after January 1, 2015, the amount that may be withdrawn from the trust upon fulfillment or cancellation of any particular preneed contract may not exceed the amount attributable to that preneed contract in proportion to the total amount held in trust for all preneed contracts as of the date of withdrawal. For all contracts in effect before January 1, 2015, the valuation of each contract and the amount that may be withdrawn from the trust may be calculated using any valuation method that had been approved by the Commissioner of the Department of Insurance or the Department of Insurance before January 1, 2015.
Ala. Code § 34-13-21 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-21
Section 34-13-21 Membership Districts
Status: in_force

There are created, for the purpose of this chapter, seven geographical districts that shall be identical with the seven congressional districts as fixed and established by Section 17-14-70, as may be amended. It is the purpose and intention of this section to provide that not more than one professional member of each division of the board shall be selected from each district and that three nominees to the Governor for appointment to the board shall be made from each district. The three consumer members of the board may not reside in the same congressional district.
Ala. Code § 34-43A-4 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-4
Section 34-43A-4 Exemptions. (Amended by Act 2026-162)
Status: in_force

AMENDED BY ACT 2026-162, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The following individuals, offices, and establishments are exempt from this chapter:

(1) A student who is rendering massage therapy services under the supervision of a massage therapy instructor. A student shall be designated by title clearly indicating his or her training status.

(2) An individual practicing massage therapy pursuant to a temporary permit issued by the board.

(3) A qualified member of another profession who is licensed and regulated under state law rendering services that are within the scope of his or her license, provided that the individual does not represent himself or herself as a massage therapist.

(4) An individual providing massages to his or her immediate family.

(5) An individual offering massage therapy instruction who is visiting from another state, territory, or country, provided that the individual is licensed or registered as required in his or her place of residence. A visiting instructor may teach continuing education courses in this state for up to 100 hours per year without being licensed by the board. A visiting instructor who teaches continuing education courses in this state for 100 hours or more per year is required to be licensed by the board.

(6) Members of the Massage Emergency Rescue Team (MERT), or any other nationally or internationally recognized disaster relief association, who practice massage therapy in this state only during a time declared by the Governor or the Legislature to be a city, county, or state emergency. These therapists may work in this state for a period of time approved by the board.

(7) A Native American healer using traditional healing practices. A Native American healer who applies to the board for a massage therapist license shall comply with all licensing requirements.

(8) An individual acting under the supervision of and pursuant to delegation from a physician, a physical therapist, or a chiropractor for whom the delegated acts are within the scope of the license of the physician, physical therapist, or chiropractor, provided that the individual does not represent himself or herself as a massage therapist.

(9) The office of a chiropractor, physician, or physical therapist which employs or contracts with a massage therapist to provide massage therapy at the physical location of the office is exempt from an establishment license.

(b) Nothing in this chapter shall be construed to authorize massage therapists to administer, dispense, or prescribe drugs or engage in the practice of medicine in any manner, including, but not limited to, nutrition, diagnosing or prescribing drugs for mental, emotional, or physical disease, illness, or injury.
Ala. Code § 34-36-15 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-15
Section 34-36-15 Injunctive Power
Status: in_force

Electrical contracting involves activities affecting the public interest and the health, safety, and welfare of the public. Such activities, when engaged in by a person who is not licensed, are a public nuisance and harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such nuisance exists may bring a petition to restrain and enjoin such unlicensed practice in the district court of the county where such unlicensed person resides. It shall not be necessary in order to obtain the equitable relief provided herein to allege or prove that there is no adequate remedy at law.
Ala. Code § 34-24-56 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-56
Section 34-24-56 Report of Malpractice Judgments and Settlements - Filing; Contents; Sanction for Failure to Make Report
Status: in_force

(a) Every physician or surgeon who holds a license, certificate, or other similar authority issued under the provisions of this article and every professional corporation or professional association of a physician or surgeon shall, during the first 30 days of each calendar year, report to the State Board of Medical Examiners any final judgment rendered against such physician, surgeon, or the professional corporation or professional association of any such physician or surgeon during the preceding year, or any settlement in or out of court during the preceding year, resulting from a claim or action for damages for personal injuries caused by an error, omission, or negligence in the performance of medical professional services, or in the performance of medical professional services without consent.

(b) The report rendered under this section shall include the name of the physician or surgeon against whom the claim was made or asserted, the name of the claimant, a summary of the allegations made, the injuries incurred by the claimant, and the terms of the judgment or settlement. In the event that the judgment or settlement is entered against a professional corporation or a professional association, the report shall also include the name of the physician or physicians employed by or rendering medical services on behalf of the corporation against whom the claim was made or asserted.

(c) The failure to make the report required by this section shall constitute grounds for the imposition of disciplinary sanctions by the Medical Licensure Commission against the license of the physician or surgeon responsible for making such report. Those sanctions may include suspension or revocation or such other sanctions as may be authorized under Section 34-24-361(h) and Section 34-24-381. In the case of a judgment or a settlement entered against a professional corporation or a professional association, each physician owning shares of the voting stock of a professional corporation and each physician member of a professional association shall be individually and jointly responsible for insuring that the report is rendered on behalf of the corporation or association.
Ala. Code § 34-8A-52 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-52
Section 34-8A-52 State Participation in the Compact
Status: in_force

(a) To participate in the compact, a state must currently:

(1) License and regulate licensed professional counselors;

(2) Require licensees to pass a nationally recognized exam approved by the commission;

(3) Require licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work, including the following topic areas:

a. Professional counseling orientation and ethical practice.

b. Social and cultural diversity.

c. Human growth and development.

d. Career development.

e. Counseling and helping relationships.

f. Group counseling and group work.

g. Diagnosis and treatment; assessment and testing.

h. Research and program evaluation.

i. Other areas as determined by the commission.

(4) Require licensees to complete a supervised postgraduate professional experience as defined by the commission; and

(5) Have a mechanism in place for receiving and investigating complaints about licensees.

(b) A Member State shall:

(1) Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules;

(2) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

(3) Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the FBI and the agency responsible for retaining that state’s criminal records;

a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the FBI record search and shall use the results in making licensure decisions.

b. Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the FBI relating to a federal criminal records check performed by a member state under Public Law 92-544.

(4) Comply with the rules of the commission;

(5) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

(6) Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules; and

(7) Provide for the attendance of the state’s commissioner to the counseling compact commission meetings.

(c) Member states may charge a fee for granting the privilege to practice.

(d) Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.

(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.

(f) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
Ala. Code § 34-24-600 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-600
Section 34-24-600 Short Title
Status: in_force

This article shall be known as and may be cited as the Alabama Pain Management Act.
Ala. Code § 34-43A-12 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-12
Section 34-43A-12 Alabama Massage Therapy Licensing Board Fund
Status: in_force

(a) The board, by rule, may establish and collect reasonable fees.

(b) Commencing on June 1, 2024, the name of the separate special revenue trust fund in the State Treasury known as the Alabama Board of Massage Therapy Fund shall be renamed and then known as the Alabama Massage Therapy Licensing Board Fund. All receipts collected by the board under this chapter shall be deposited in this fund and used only to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.
Ala. Code § 34-24-503 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-503
Section 34-24-503 Effect of License
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 34-23-181 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-181
Section 34-23-181 Definitions
Status: in_force

The following words shall have the following meanings as used in this article:

(1) HEALTH BENEFIT PLAN. Any individual or group plan, employee welfare benefit plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care service plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for insureds or beneficiaries in this state. The term includes, but is not limited to, entities created pursuant to Article 6 of Chapter 20 of Title 10A. A health benefit plan located or domiciled outside of the State of Alabama is deemed to be subject to this article if it receives, processes, adjudicates, pays, or denies claims for health care services submitted by or on behalf of patients, insureds, or beneficiaries who reside in Alabama.

(2) PHARMACY. A place licensed by the Alabama State Board of Pharmacy in which prescriptions, drugs, medicines, medical devices, chemicals, and poisons are sold, offered for sale, compounded, or dispensed and shall include all places whose title may imply the sale, offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons.

(3) PHARMACY BENEFIT MANAGEMENT PLAN. An arrangement for the delivery of pharmacist services in which a pharmacy benefit manager undertakes to administer the payment or reimbursement of any of the costs of pharmacist services for an enrollee on a prepaid or insured basis that contains one or more incentive arrangements intended to influence the cost or level of pharmacist services between the plan sponsor and one or more pharmacies with respect to the delivery of pharmacist services and requires or creates benefit payment differential incentives for enrollees to use under contract with the pharmacy benefit manager.

(4) PHARMACY BENEFIT MANAGER. A business that administers the prescription drug or device portion of pharmacy benefit management plans or health insurance plans on behalf of plan sponsors, insurance companies, unions, and health maintenance organizations. The term includes a person or entity acting for a pharmacy benefit manager in a contractual or employment relationship in the performance of pharmacy benefit management for a managed care company, nonprofit hospital or medical service organization, insurance company, or third-party payor.

(5) PHARMACIST SERVICES. Offering for sale, compounding, or dispensing of prescriptions, drugs, medicines, chemicals, or poisons pursuant to a prescription. Pharmacist services also includes the sale or provision of, counseling of, or fitting of medical devices, including prosthetics and durable medical equipment.
Ala. Code § 34-8A-80 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-80
Section 34-8A-80 Definitions
Status: in_force

For the purposes of this article, the following terms have the following meanings:

(1) IMPAIRED. An inability to practice counseling with reasonable skill and safety to clients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition.

(2) LICENSEE. A licensed professional counselor or associate licensed counselor as defined in Section 34-8A-2.
Ala. Code § 34-8A-53 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-53
Section 34-8A-53 Privilege to Practice
Status: in_force

(a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:

(1) Hold a license in the home state;

(2) Have a valid United States Social Security number or national practitioner identifier;

(3) Be eligible for a privilege to practice in any member state in accordance with subsections (d), (g), and (h);

(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous two years;

(5) Notify the commission that the licensee is seeking the privilege to practice within a remote state or states;

(6) Pay any applicable fees, including any state fee, for the privilege to practice;

(7) Meet any continuing competence/education requirements established by the home state;

(8) Meet any jurisprudence requirements established by the remote state or states in which the licensee is seeking a privilege to practice; and

(9) Report to the commission any adverse action, encumbrance, or restriction on the license taken by any non-member state within 30 days from the date the action is taken.

(b) The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) to maintain the privilege to practice in the remote state.

(c) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

(d) A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its residents. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.

(e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:

(1) The home state license is no longer encumbered; and

(2) The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.

(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a privilege to practice in any remote state.

(g) If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

(1) The specific period of time for which the privilege to practice was removed has ended;

(2) All fines have been paid; and

(3) The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.

(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) to obtain a privilege to practice in a remote state.