Ala. Code § 34-13-29 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-29
Section 34-13-29 Audit and Payment of Expenses
Status: in_force

All necessary expenses incurred in giving examinations to applicants and incidental to the renewal of licenses and all necessary expenses incurred in education and enforcing this chapter shall be audited by the Department of Examiners of Public Accounts and paid from the funds provided for in this chapter in the same manner as other claims against the state are paid after due approval thereof by the chair and executive director of the board.
Ala. Code § 34-4-52 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-52
Section 34-4-52 Meetings; Quorum
Status: in_force

The board shall meet quarterly for the purpose of transacting business as may properly come before the board. Special meetings of the board shall be held at such times as the board may provide in the bylaws the board may adopt. A majority of the then appointed board members shall constitute a quorum at a board meeting. A majority vote of a quorum of the board eligible to vote on a matter shall be required for any action taken by the board. Due notice of each meeting and the time and place thereof shall be given each member in such manner as the bylaws and applicable law may provide.
Ala. Code § 34-21A-11 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-11
Section 34-21A-11 Fees
Status: in_force

The board may establish and charge reasonable fees for the processing of all applications, administration of examinations, issuance of all active and inactive licenses, license renewals, license restoration and replacement, supplying information to applicants, licensees, and the general public, and any and all other required board procedures and related activities. A fee schedule shall be developed by the board and adopted as a rule, and all fees shall be commensurate with the cost of fulfilling the duties of the board as defined in this chapter.
Ala. Code § 34-25B-21 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-21
Section 34-25B-21 Copy of Statutes and Rules Maintained Online
Status: in_force

The board shall routinely publish and update a copy of this article and any rules adopted under this article on the website of the board.
Ala. Code § 34-13-202 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-202
Section 34-13-202 Fine in Lieu of Suspension or Revocation of Certificate
Status: in_force

(a) If the board finds that one or more grounds exist for the discretionary suspension or revocation of a certificate of authority or establishment license issued under this chapter, the board, in lieu of the suspension or revocation, may impose a fine upon the certificate holder in an amount not to exceed one thousand dollars ($1,000) for each nonwillful violation and in an amount not to exceed ten thousand dollars ($10,000) for each willful violation.

(b) The board may grant not more than 30 days from the date of the order for the payment of any fine.
Ala. Code § 34-24-367 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-367
Section 34-24-367 Judicial Review; Immediate Effect of Suspension or Revocation of License; Venue
Status: in_force

Judicial review of the orders and decisions of the Medical Licensure Commission shall be governed by the provisions of Section 41-22-20 (the Alabama Administrative Procedure Act); provided however, that the following procedures shall take precedence over the provisions of Section 41-22-20(c) relating to the issuance of a stay of any order of the licensure commission suspending or revoking a license to practice medicine. The suspension or revocation of a license to practice medicine shall be given immediate effect, it being the expressly stated legislative purpose and intent that the imposition of the penalty of suspension or revocation of a license to practice medicine shall create a presumption that the continuation in practice of the physician constitutes an immediate danger to the public health, safety, and welfare. No stay or supersedeas shall be granted pending judicial review of a decision by the licensure commission to suspend or revoke a license to practice medicine unless a reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the licensure commission was taken without statutory authority, was arbitrary or capricious, or constituted a gross abuse of discretion. An order of the licensure commission temporarily suspending a license to practice medicine under the authority of Section 34-24-361(f) shall not be stayed pending judicial review permitted under Section 41-22-20 of any preliminary, procedural, or intermediate ruling or decision of the licensure commission unless the reviewing court, upon proof by the party seeking judicial review, finds in writing that the action of the licensure commission was taken without statutory authority, was arbitrary or capricious, constituted a gross abuse of discretion, or was made in violation of the requirements of Section 41-22-19(d). Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of the administrative decisions of the Medical Licensure Commission, including writ of mandamus, or judicial review pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, must be filed, commenced, and maintained in the Alabama Court of Civil Appeals.
Ala. Code § 34-28A-40 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-40
Section 34-28A-40 Creation; Composition; Qualifications, Appointment, and Terms of Office of Members; Meetings; Quorum; Vacancies; Removal of Members
Status: in_force

(a) There is established as an independent agency of the executive branch of the government of the State of Alabama, the Alabama Board of Examiners for Speech-Language Pathology and Audiology.

(b) The board shall be comprised of seven members, who shall be appointed by the Governor from names submitted to the Governor by the association. Not more than one board member from any United States Congressional District shall be appointed to serve at the same time. Those persons nominated or appointed to serve on the board shall have been engaged in rendering services to the public, or teaching, or research, or any combination of service to the public, teaching, or research, in speech-language pathology or audiology, or both, for at least five years immediately preceding their appointment, and shall be citizens of this state. At least three board members shall be speech-language pathologists, at least three shall be audiologists, and one shall be a member of the consuming public or an allied professional. The six professional speech-language pathologist and audiologist board members shall at all times be holders of active and valid licenses for the practice of speech-language pathology and audiology in this state, except for the six members first appointed, who shall fulfill the requirements set forth in the appropriate provisions of Section 34-28A-21. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(c) The Governor shall appoint two board members for a term of one year, two for a term of two years, two for a term of three years, and one for a term of four years. Appointments made thereafter shall be for three-year terms, with no person being eligible to serve more than two full consecutive terms. Terms shall begin on October 1, except for the first appointee member, who shall serve through September 30 of the year in which he or she is appointed before commencing the terms provided by this subsection.

(d) The board shall meet during the month of October each year for the purposes of annual reorganization to select a chair and an executive secretary and to compile an annual report of business conducted during the previous year. Copies of the annual report shall be submitted to the Governor or his or her duly named representative and filed in the offices of the members of the board. Additionally, a report of the actions of the board shall be presented during the program of an annual meeting of the Speech and Hearing Association of Alabama. At least one additional meeting shall be held before the end of each year. Further meetings shall be convened at the call of the chair or any two board members. All meetings shall be open to the public; except, that the board may hold closed sessions to prepare, approve, grade, or administer examinations or, upon a request of an applicant who has failed an examination, to prepare a response indicating the reason for failure.

(e) Four members of the board shall constitute a quorum to do business.

(f) When a vacancy on the board occurs, the Speech and Hearing Association of Alabama shall recommend not less than three persons to fill each vacancy, and the Governor shall make his or her appointment from the persons so nominated.

(g) The Governor may remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.
Ala. Code § 34-5A-4 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-4
Section 34-5A-4 Application
Status: in_force

Each individual desiring to obtain a license shall submit an application and authorized fees to the Mental Health Commissioner. The application shall include evidence demonstrating that the applicant satisfies all of the following requirements:

(1) Is of good moral character and conducts his or her professional activities in accordance with accepted professional and ethical standards, including:

a. Compliance with the professional and ethical compliance code for behavior analysts of the certifying entity.

b. Completion of a criminal background check pursuant to rules adopted pursuant to this chapter. The cost of the criminal background check shall be paid by the applicant. An applicant shall submit to the Mental Health Commissioner two complete sets of fingerprints and a form, sworn to by the applicant, containing his or her name, date of birth, and Social Security number for completion of the criminal background check. The Mental Health Commissioner shall submit the fingerprints and form to the State Bureau of Investigations, or any entity contracted with for the purposes of furnishing criminal background checks, for a state criminal history record check. The Mental Health Commissioner shall keep information received pursuant to this section confidential, except that any information received and relied upon in denying the issuance of a license in this state may be disclosed if necessary to support the denial.

(2) In addition to satisfying the requirements of subdivision (1), a licensed behavior analyst applicant shall also maintain active status as a national board certified behavior analyst, as recognized by the certifying entity, following passage of the national board certified behavior analyst examination.

(3) In addition to satisfying the requirements of subdivision (1), a licensed assistant behavior analyst applicant shall also do all of the following:

a. Maintain active status as a national board certified assistant behavior analyst, as recognized by the certifying entity, following passage of the national board certified assistant behavior analyst examination.

b. Provide proof of ongoing supervision by a licensed behavior analyst who is a current national board certified behavior analyst in a manner consistent with the requirements of the certifying entity for supervision of national board certified assistant behavior analysts.
Ala. Code § 34-23-161 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-161
Section 34-23-161 Prescriptions for Animals
Status: in_force

Drugs for animals may be compounded based upon an order or prescription. Prescriptions for animals shall be handled and filled in the same manner as are prescriptions for humans.
Ala. Code § 34-27A-50 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-50
Section 34-27A-50 Registration Required
Status: in_force

(a) It is unlawful for any person or entity to engage in or attempt to engage in business as an appraisal management company, perform appraisal management services, or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first being registered by the board pursuant to this article.

(b) In the event a registration process is unavailable on October 1, 2011, an appraisal management company already conducting business in the state may continue to conduct business in accordance with this article for 120 days after a registration process is available.
Ala. Code § 34-27-64 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-64
Section 34-27-64 Registration Fees; Assessment of Costs of Investigating Violation of Article
Status: in_force

(a) For the registration of all vacation time-sharing plans and the accommodations and facilities affected thereby which are located within the state, there shall be paid to the commission the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee of seven hundred fifty dollars ($750). In addition to submitting an annual renewal fee, each time-sharing plan must submit an audited annual financial statement of the entity or person in whose name the plan is registered done by a certified public accountant and such other materials as the commission shall require for an annual registration renewal. For amendments or changes to each sales promotion including brochures, pamphlets, advertisements, or other materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51, there shall be paid a fee of twenty dollars ($20) at the time of submission to the commission for approval.

(b) For the registration of all vacation time-sharing plans and the accommodations and facilities affected thereby which are located outside the state, there shall be paid to the commission the initial sum of seven hundred fifty dollars ($750), together with an annual renewal fee of seven hundred fifty dollars ($750). All books, files, accounts and other documents pertaining to the advertisement and sale of vacation time-sharing plans located outside the state shall be subject to examination by the commission and the business entity whose documentation is being examined shall pay a fee of five hundred dollars ($500) plus the actual expenses, including the cost of transportation, of the examiner representing the commission while he or she is absent from this office for purposes of conducting the examination. For amendments or changes to each sales promotion including brochures, pamphlets, advertisements, or other materials disseminated to the public required pursuant to subdivision (2) of Section 34-27-51, there shall be paid a fee of twenty dollars ($20) at the time of submission to the commission for approval.

(c) If the commission determines that the registration or operation of any vacation time-sharing plan violates the provisions of this article in such manner as indicates bad faith or dishonesty, the commission, after notice and hearing, may assess all reasonable costs of the investigation and prosecution of such violations.
Ala. Code § 34-8A-16 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-16
Section 34-8A-16 Disciplinary Actions; Discovery
Status: in_force

(a) The board by a majority of the board members present and voting is authorized to withhold, deny, revoke, or suspend, any license or certificate issued or applied for in accordance with this chapter or otherwise discipline a licensed professional counselor or associate licensed counselor upon proof by proper hearing that the applicant, licensed professional counselor, or associate licensed counselor:

(1) Has been convicted, within or without the jurisdiction of this state, of a felony, or any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

(2) Has violated the current code of ethics adopted by the board.

(3) Is using any narcotic or any alcoholic beverage to an extent or in a manner dangerous to any other person or the public, or to an extent that it impairs his or her ability to perform the work of a licensed professional counselor or associate licensed counselor with safety to the public.

(4) Has impersonated another person holding a professional counselor license or associate licensed counselor license or allowed another person to use his or her license or certificate.

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

(6) Has allowed his or her name or license or certificate issued under this chapter to be used in connection with any person or persons who perform counseling services in private practice outside the area of their training, experience, or competence.

(7) Is legally adjudicated mentally incompetent, the record of the adjudication being conclusive evidence thereof.

(8) Has willfully or negligently violated any of the provisions of this chapter or any of the rules and regulations adopted thereunder.

(9) Has been practicing as a counselor without a license.

(b)(1) Notice of denial, revocation, suspension, or disciplinary action is required to be sent by registered mail or personal service setting forth the particular reasons for the proposed action and fixing a date not less than 30 days nor more than 60 days from the date of the mailing or service, at which time the applicant, licentiate, or associate shall be given an opportunity for a prompt and fair hearing. The written notice shall be sent to the last known address of the person, but the nonappearance of the person shall not prevent the hearing. The hearing shall be conducted by the board by means of sworn, recorded testimony. Parties have the right to be represented by counsel and to conduct cross-examination of witnesses.

(2) On the basis of any hearing or upon default of applicant, licentiate, or associate, the board shall make a determination specifying its findings of fact and conclusions of law. A copy of the determination shall be sent by registered mail or served personally upon the applicant, licentiate, or associate. The decision of the board denying, revoking, or suspending the license or certificate shall become final 30 days after so mailed or served unless within that period the applicant, licentiate, or associate appeals the decision to the courts of this state in the same manner and subject to the same powers and conditions as now provided by law in regard to rulings, orders, and findings of other quasi-judicial bodies in Alabama, where not otherwise specifically provided. No appeal, while pending appropriate court action, shall supersede the denial, revocation, or suspension. All proceedings and evidence, together with exhibits presented at the hearings before the board in the event of appeal, are admissible in evidence in the court.

(3) Every order and judgment of the board shall take effect immediately on its promulgation unless the board in the order or judgment fixes a probationary period for applicant, licentiate, or associate. The order and judgment shall continue in effect unless upon appeal the courts by proper order or decree terminate it earlier. The board may make public its order and judgments in the manner and form as it deems proper.

(4) The board may suspend the license of a licensed professional counselor or of an associate licensed counselor for a period of one year. At the end of this period, the board shall reevaluate the suspension and may recommend to the chair the extension of the suspension not to exceed one additional year, the reinstatement, or revocation of the license. A person whose license has been revoked under this section may apply for reinstatement after a period of not less than three years from the date the denial or revocation is legally effective. The board may, upon favorable action by a majority of the board members present and voting, recommend reinstatement.

(c) In addition to any other disciplinary action, the board may levy and collect administrative fines for violations of this chapter or the rules or regulations of the board in an amount not to exceed one thousand dollars ($1,000) for each violation. In addition to fines, the board may assess all legal costs for the preparation and execution of a disciplinary action against a licensee.

(d) The board may issue written reprimands to licensees as an alternative to a formal hearing before the board. The board shall determine the procedures for a written reprimand that shall authorize the investigative committee and members of the board to deliberate and issue written reprimands. No less than two members of the board, along with the investigative committee, shall participate in deliberations leading to a written reprimand. All other members of the board shall remain available for possible appeal. The written reprimand shall not be published by the board, unless required by law, though a copy of the reprimand will be entered into the permanent file of the licensee for a period of time determined by the investigative committee and the members of the board issuing the reprimand. Licensees wishing to appeal the written reprimand may demand a formal hearing before the board members who were not involved in the original reprimand decision. The result of such an appeal may lead to withdrawal of the reprimand, retention of the reprimand, or imposition of additional penalties on the licensee by the board.

(e)(1) Except as provided in subdivisions (2), (3), and (4), all records, reports, documents, photographs, and information contained in complaint and investigation files shall be confidential, shall not be a public record, and shall not be available for court subpoena or for discovery in civil proceedings.

(2) The board shall release all of the following information to the public regarding complaint files and disciplinary action proceedings:

a. A settlement agreement adopted and ratified by the board that closes a complaint file and represents the board’s final decision in the disciplinary action proceedings.

b. The formal charges or orders to show cause against an associate licensed counselor or a licensed professional counselor filed by the board’s executive director and any amendments thereto.

c. The board’s final decision in disciplinary action proceedings entered after a formal disciplinary action hearing.

(3) Notwithstanding any other provisions of this subsection, all complaint and investigation files shall be available to the Department of Examiners of Public Accounts for the purposes of any audit, examination, or review authorized by law.

(4) A party to any civil or administrative proceeding may discover documents, reports, or other tangible items under Act 2009-587 upon a showing that the party seeking discovery has need of the materials in the preparation of the party’s case and that party is unable without undue hardship and expense to obtain the substantial equivalent of the documents, reports, or other tangible items by other means.
Ala. Code § 34-8B-18 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-18
Section 34-8B-18 Sunset Provision
Status: in_force

The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16, inclusive. The board is subject to the provisions of the Alabama Sunset Law of 1981. The board shall automatically terminate on September 30, 2008, and every four years thereafter, unless a bill is passed that the board be continued, modified, or reestablished.
Ala. Code § 34-28A-74 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-74
Section 34-28A-74 Judicial Proceedings by Individuals
Status: in_force

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 § 34-27A-15 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-15
Section 34-27A-15 Renewal License
Status: in_force

(a)(1) To obtain a renewal license for any real estate appraiser classification, the holder of a current, valid license shall make application and pay the prescribed fee to the board between September 1 and September 30, and shall be delinquent after September 30. With the application for renewal, the licensed real estate appraiser shall present evidence in the form prescribed by the board of having completed the continuing education requirements for renewal specified by the board.

(2) If the board determines that an applicant has failed to meet the requirements for renewal of a license through mistake, misunderstanding, or circumstances beyond the control of the applicant, the board may extend the term of the license for a period not to exceed six months, upon payment by the applicant of a prescribed fee set by the board for the extension.

(3) If the applicant satisfies the requirements for renewal during the extended term of license, the beginning date of the new renewal license shall be October 1.

(b) If a person fails to renew a license for any classification of real estate appraiser prior to its expiration or within a period of extension granted by the board pursuant to this article, the person may obtain a renewal license by satisfying all of the requirements for renewal and by the payment of late renewal fees as set by the board.
Ala. Code § 34-24-196 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-196
Section 34-24-196 Penalties
Status: in_force

(a) Each violation of Section 34-24-210 shall be punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for not less than 30 days nor more than 90 days, or both.

(b) Any individual who knowingly makes a false statement in his or her application for a license or compact privilege under this article , or in response to any inquiry by the board , shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than 30 days nor more than 90 days, or both.
Ala. Code § 34-31-19 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-19
Section 34-31-19 Purpose
Status: in_force

The purpose of this chapter is to certify qualified contractors on a state-wide basis in order to protect the public by identifying those contractors who have the knowledge and ability to install or service and repair heating, air conditioning, and refrigeration systems.
Ala. Code § 34-43A-7 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-7
Section 34-43A-7 (Amended by Act 2026-162) License Required; Sexually-Oriented Businesses; Limitations on Advertising or Offers of Service; Services to Be Provided at or through a Licensed Massage Therapy Establishment
Status: in_force

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

(a) No individual may perform the duties of a massage therapist in this state unless he or she holds a valid license issued by the board.

(b) A massage therapist may not perform massage therapy for a sexually-oriented business, and shall be subject to Article 3 of Chapter 12 of Title 13A.

(c) A massage therapist may not advertise or offer to perform services outside the scope of his or her expertise, experience, and education for any client who is ill or has a physical dysfunction, unless the services are performed in conjunction with a licensed physician, physical therapist, or chiropractor.

(d) A massage therapist or massage therapy establishment may not advertise or offer to perform services on any sexually explicit website or online platform that promotes prostitution, sexually explicit services, or human trafficking.

(e) Unless exempt pursuant to Section 34-43A-4, a massage therapist may only perform massage therapy services at or through a licensed massage therapy establishment. If a massage therapist is performing outcall massage therapy services, those services shall be provided through a licensed massage therapy establishment.
Ala. Code § 34-30-108 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-108
Section 34-30-108 Adverse Actions
Status: in_force

(a) In addition to the other powers conferred by state law, a remote state, in accordance with existing state due process law, may:

(1) Take adverse action against a regulated social worker’s multistate authorization to practice only within that member state, and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing licensing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(2) Only the home state shall have the power to take adverse action against a regulated social worker’s multistate license.

(b) For the purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(c) The home state shall complete any pending investigations of a regulated social worker who changes home states during the course of the investigations. The home state may also take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the cost of investigations and dispositions of cases resulting from any adverse action taken against him or her.

(e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.

(f) Joint investigations:

(1) In addition to the authority granted to a member state by its respective social worker practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint investigation initiated under this compact.

(g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker’s multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s multistate authorization to practice is deactivated in all member states until all conditions of the decison, order, or agreement are satisfied.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.

(i) Nothing in this compact shall override a member state’s decision to impose participation in an alternative program in lieu of adverse action.

(j) Nothing in this compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.

(k) Nothing in this compact shall authorize a member state to impose discipline against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
Ala. Code § 34-24-290 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-290
Section 34-24-290 Definitions
Status: in_force

For the purposes of this article, the following words and phrases shall have the following meanings:

(1) APPROVED PROGRAM. A program for the education and training of assistants to physicians which has been formally approved in writing by the board.

(2) ASSISTANT TO PHYSICIAN. A person who is a graduate of an approved program, is licensed by the board, and is registered by the board to perform medical services under the supervision of a physician approved by the board to supervise the assistant.

(3) BOARD. The Board of Medical Examiners of the State of Alabama.

(4) LEGEND DRUG. Any drug, medicine, chemical, or poison, bearing on the label the words, “Caution, Federal Law prohibits dispensing without prescription” or similar words indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner, except that the term legend drug shall not include any drug, substance, or compound which is listed in Schedules I through V of the Alabama Uniform Controlled Substances Act.

(5) PHYSICIAN. A person who is licensed to practice medicine in this state and is approved by the board to supervise assistants to physicians.

(6) PHYSICIAN SUPERVISION. A formal relationship between a licensed assistant to a physician and a licensed physician under which the assistant to the physician is authorized to practice as evidenced by a written job description approved in accordance with this article. Physician supervision requires that there shall be at all times a direct continuing and close supervisory relationship between the assistant to the physician and the physician to whom that assistant is registered. The term supervision does not require direct on-site supervision of the assistant to the physician; however, it does require the professional oversight and direction as may be required by the regulations and guidelines of the Board of Medical Examiners.

(7) PRESCRIBE or PRESCRIBING. The act of issuing a written prescription for a legend drug.

(8) PRESCRIPTION. An order for a legend drug which is written and signed by an assistant to a physician authorized to prescribe and administer the drugs and which is intended to be filled, compounded, or dispensed by a pharmacist.

(9) TRAINEE. A person who is currently enrolled in an approved program in this state.
Ala. Code § 34-27-68 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-68
Section 34-27-68 Commission May Seek Injunctive Relief, Etc., for Violation of Article; Investigation; Revocation of Registration
Status: in_force

(a) If it appears that a person, firm, corporation, or any business entity has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this article or rule or order of the commission, the commission, through the Attorney General, may institute legal actions to enjoin the act or practice and to enforce compliance with this article or any rule or order of the commission or to have a receiver or conservator appointed. To prevail in such action, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.

(b) The commission may:

(1) Make any public or private investigation which it deems necessary, either within or outside of this state, to determine whether any person has violated or is about to violate this article or any rule or order hereunder, or to aid in the enforcement of this article or in the prescribing of rules and forms hereunder.

(2) Require or permit any person to file a statement in writing, under oath or otherwise as the commission may determine, as to all facts and circumstances concerning the matter to be investigated.

(3) For the purpose of any investigation or proceeding hereunder, the commission or any officer designated by rule may administer oaths or affirmations, and upon its own motion or upon request of any party shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts of any other matter reasonably calculated to lead to the discovery of material evidence.

(4) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected hereby, the commission, through the Attorney General may apply to the circuit court for an order compelling compliance.

(5) Issue an order requiring the seller to cease and desist from any unlawful practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this article, if, after notice and hearing, the commission determines that a seller has violated any provisions of this article.

(6) Make findings of fact in writing that the public interest may be harmed by delay in issuing an order and in such case may issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the commission, whenever possible by telephone or otherwise, shall give notice of the proposal to issue a cease and desist order to the seller. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held promptly to determine whether or not it becomes permanent.

(7) Revoke or suspend the registration of a vacation time-sharing plan if, after notice and hearing, upon a written finding of fact, it determines that the seller or sellers in whose name the plan is registered, or any agent therefor, has:

a. Failed to comply with the terms of any order of the commission; or

b. Been convicted in any court of competent jurisdiction subsequent to filing of the application for registration, of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing; or

c. Had a final judgment rendered against him in any court of competent jurisdiction, when such judgment involved the sale, marketing, or operation of any time-share plan or real estate transaction; or

d. Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of vacation time-sharing plan purchasers; or

e. Failed to faithfully perform any stipulation or agreement made with the commission as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or advertisement; or

f. Made an intentional misrepresentation or concealed a material fact in an application for registration; or

g. Made a misrepresentation or concealed any material fact in the sale, marketing, or operation of a registered time-sharing plan; or

h. Failed to comply with the terms of a sales contract; or

i. Failed to make timely delivery of a deed to any purchaser to whom a deed is due to be delivered; or

j. Violated any other provision of this article or any rule or regulation of the commission.

The reinstatement of a registration suspended or revoked as a result of a violation under this article may be made conditional upon the fulfillment of such reasonable conditions as are imposed by the commission.

(8) Issue a cease and desist order instead of revoking a registration if it finds, after notice and hearing, that the seller has been guilty of a violation for which revocation could be ordered.

(9) In lieu of, or in addition to, revoking or suspending a registration or issuing a cease and desist order, impose a penalty of not less than $100 nor more than $2,000 per violation upon the seller(s) in whose name(s) the plan is registered if it finds, after notice and hearing, that such seller(s), or any agent therefor, has been guilty of a violation for which revocation or suspension could be ordered.
Ala. Code § 34-40-73 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-73
Section 34-40-73 Consistent Effect and Conflict with Other State Laws
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 compact commission and the member states are binding in accordance with their terms.
Ala. Code § 34-7B-28 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-28
Section 34-7B-28 Applicability of Rules
Status: reserved

The administrative rules of the board existing on August 1, 2013, which reference Chapter 7A of this title, which is repealed by Act 2013-371, shall remain in effect until amended or repealed by the board.
Ala. Code § 34-26-43 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-43
Section 34-26-43 Fees; Disposition of Revenues of Board; Payment of Expenses
Status: in_force

There shall be paid to the board by each applicant for a permanent license to practice as a psychologist or a psychological technician a fee not to exceed five hundred dollars ($500), as set by board rule. No part of any fee shall be returnable under any circumstance. All fees collected in this manner plus renewal fees as outlined in Section 34-26-22 and all gifts or grants shall be deposited in the State Treasury to the credit of the board. Vouchers in payment of expenses shall be drawn on the state Comptroller signed by the chair or executive officer of the board.
Ala. Code § 34-22-20 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-20
Section 34-22-20 Qualifications of Applicants; Examination; Issuance and Execution of Licenses; Use of Pharmaceutical Agents
Status: in_force

(a) Every person desiring to practice optometry in this state shall be 19 years of age, or over, 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, and of good moral character. The person shall have a minimum of three years of preoptometry, or the equivalent, at an accredited college or university, have completed a course of study in an accredited school or college of optometry which is approved by the board and that requires at least four years of professional study, and have passed all examinations prescribed by the board, which may include the standard examination after completion of the educational requirements. The board may accept a passing grade on a recognized national examination or a passing grade on a board examination, or both, and may require a passing grade on additional state law examinations. The standard examination may consist of tests in practical, theoretical, and physiological optics, in theoretical and practical optometry, orthoptics, ocular anatomy, physiology, pharmacology, pathology, diagnosis, and treatment of disease of the human eye and its adjacent structures, general anatomy, hygiene, and any other knowledge the board deems essential to the practice of optometry. The standard examination shall be consistent with the established teaching and recognized textbooks of accredited schools or colleges of optometry.

(b) The application to take the standard examination shall be upon the form prescribed and furnished by the board and verified by the oath of the applicant, accompanied by a fee to be determined by the board. The fee shall not be more than five hundred dollars ($500).

(c) If required, the standard examination shall be held at least once in each year for candidates for examination who have applied to the board at least 30 days before the date prescribed for the holding of the examination.

(d) When an application and accompanying proof are found satisfactory, the board shall notify the applicant to appear for examination at a time and place fixed by the board. An applicant shall submit to the board proof that he or she has passed all examinations required by the board. The applicant shall also submit any protocols for the use of pharmaceutical agents that the board may require. When these requirements have been met by the applicant and approved by the board, the board shall grant to qualified applicants a license and a license certificate, both of which shall bear a serial number, the full name of the licensee, the date of issuance, the seal of the board, and the signature of the president and secretary of the board. A seal of approval by the board of the use of pharmaceutical agents for the treatment of the human eye and any of its adjacent structures shall be affixed to the license certificate. The board may grant a temporary license under the circumstances and conditions, and in the form, as may be prescribed by rules and regulations of the board.

(e) Every license issued, whether permanent or temporary, and every annual registration certificate shall be in the possession of the optometrist to whom it was issued and posted in the office where he or she practices.

(f) Those persons who hold valid licenses to practice optometry in the State of Alabama on October 1, 1994, shall continue to be so licensed after October 1, 1994, subject to this chapter, regardless of whether they are otherwise qualified to secure a license under this chapter. Optometrists licensed under this section may apply to the board, in a manner prescribed by the board, for approval to use pharmaceutical agents for the treatment of disease of the human eye and its adjacent structures. The board shall prescribe requirements to be met by applicants prior to approval by the board including, but not limited to, the requirement that the applicant has successfully completed at least 72 clock hours in the diagnosis and management of disease of the human eye and its adjacent structures within a three-year period preceding application for a license.
Ala. Code § 34-27A-29 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-29
Section 34-27A-29 Compliance with Federal Law; Membership in Organization Not to Be Grounds for Granting or Denying License
Status: in_force

It is the intent of the Legislature of the State of Alabama that this article fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, any amendments thereto and regulations issued thereunder, and the board shall adopt administrative rules and regulations accordingly. The board shall not grant or deny a license for any classification of real estate appraiser by virtue of membership in or lack of membership in any particular appraisal organization.
Ala. Code § 34-15B-16 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-16
Section 34-15B-16 Selection of Products Subject to Building Codes
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-24-362 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-362
Section 34-24-362 Unlawful to Practice When License Suspended or Revoked; Reissue of License
Status: in_force

Whenever a license to practice medicine or osteopathy in the State of Alabama has been suspended or revoked, it shall be unlawful for the person whose license has been so suspended or revoked to practice his or her profession in this state, but the commission may issue in behalf of such person, either with or without reexamination, a new license whenever it deems such course safe and just. Prior to such decision to reissue a license, the commission shall request and consider but not be bound by the recommendation of the State Board of Medical Examiners.
Ala. Code § 34-22-40 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-40
Section 34-22-40 Creation; Composition; Terms of Office; Annual Meeting
Status: in_force

(a)(1) In order to accomplish the purposes and to provide for the enforcement of this chapter, there is created the Alabama Board of Optometry. The board may implement and enforce this chapter. On October 10, 1975, the State Board of Optometry as then constituted shall be abolished, but the members thereof shall serve as members of the Alabama Board of Optometry created by this section and shall continue to serve until their present terms of appointment expire, as set out below. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Until October 1, 1992, the Alabama Board of Optometry shall consist of five individuals, no two of whom shall reside in the same United States Congressional District. On October 1, 1993, two additional members shall be appointed to the board. The board shall then be composed of seven members, one from each United States Congressional District.

(2) The members shall be individuals licensed to practice optometry in this state, each of whom shall be a citizen and resident of this state, who shall have been actively engaged in the practice of optometry for at least five years next preceding the date of their appointment. The term of one member of the board shall expire October 1, 1975, and every fifth year thereafter; the term of one member shall expire October 1, 1976, and every fifth year thereafter; the term of one member shall expire October 1, 1977, and every fifth year thereafter; the term of one member shall expire October 1, 1978, and every fifth year thereafter; the term of one member shall expire October 1, 1979, and every fifth year thereafter; the term of two additional members shall begin on October 1, 1993, and expire October 1, 1998, and every fifth year thereafter. Each member of the board shall be appointed by the Governor from a list of five names of qualified individuals certified to him or her by the board.

(b) When the term of any member of the board expires, that individual shall continue to serve until his or her successor is appointed and qualified. No individual may serve more than two consecutive terms on the board.

(c) For the purpose of preparing the list of five names, the board shall conduct an annual meeting at least 30 days prior to October 1 of each year at which all optometrists licensed to practice and holding a current annual registration certificate pursuant to this chapter may attend, nominate, and vote. The board may regulate and prescribe the place and hour of the meeting, the method of nomination, and the manner of voting. Each optometrist in attendance may vote for those individuals duly nominated, and no cumulative or proxy voting shall be permitted. Each optometrist voting shall vote for five nominees in order for his or her ballot to be valid, and any ballot indicating votes for more or less than five nominees shall be void. The five individuals receiving the greatest number of votes of those in attendance at the meeting shall be the five individuals whose names shall be certified to the Governor for appointment to the board, without substitution. In order for an individual to withdraw from the list, the individual must do so in writing and present it to the secretary of the board prior to the submission of the list to the Governor, after eliminating the individual withdrawing from the list, and the list shall be composed solely of those names remaining. At least 30 days prior to the meeting the board shall transmit notices to each optometrist licensed to practice and holding a current annual registration certificate pursuant to this chapter at the mailing address or electronic mail address shown on his or her current registration notifying each optometrist of the exact date, place, and hour of the meeting, the purpose of the meeting, and of the right to attend and vote. In the event of a vacancy prior to the next annual meeting, the Governor shall fill the vacancy from the remaining names on the list. The Governor may remove any member for neglect of duty, incompetency, improper or unprofessional conduct, or having his or her license revoked or suspended.
Ala. Code § 34-30-110 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-110
Section 34-30-110 Data System
Status: in_force

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.

(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including all of the following:

(1) Identifying information.

(2) Licensure data.

(3) Adverse actions against a license and information related to that adverse action.

(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of participation, and other information related to participation not made confidential under the member state’s law.

(5) Any denial of an application for licensing, and the reason or reasons for the denial.

(6) The presence of current significant investigative information.

(7) Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or its agent, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceeding in a member state.

(e) Current significant investigative information pertaining to a licensee in any member state shall only be available to other member states.

(f) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

(g) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing member state.

(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
Ala. Code § 34-3-7 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-7
Section 34-3-7 Penalty for Practicing Law Without License or Conspiring, Aiding, or Abetting in Violation
Status: in_force

Any person, firm or corporation who is not a regularly licensed attorney who does an act defined in this article to be an act of practicing law is guilty of a misdemeanor and, on conviction, must be punished as provided by law. Any person, firm or corporation who conspires with, aids and abets another person, firm or corporation in the commission of such misdemeanor must, on conviction, be punished as provided by law.
Ala. Code § 34-10-5 — Alabama Code / Title 34 / Chapter 10 / Section 34-10-5
Section 34-10-5 Annual License Fee
Status: in_force

Every applicant for a license under this chapter shall pay an annual license fee of $50 upon issuance or renewal of the license, beginning on or before October 1, 1965, and annually thereafter.
Ala. Code § 34-15B-2 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-2
Section 34-15B-2 Legislative Findings
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-34A-15 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-15
Section 34-34A-15 Violations
Status: in_force

(a) It shall be a misdemeanor for any person to:

(1) Sell or fraudulently obtain or furnish any license or aid or abet therein.

(2) Practice dietetics/nutrition or use the title dietitian/nutritionist under cover of any license illegally or fraudulently obtained or unlawfully issued.

(3) Practice dietetics/nutrition or use the title dietitian/nutritionist or use in connection with his/her name any designation tending to imply that he/she is a dietitian/nutritionist unless duly licensed so to practice under the provisions of this chapter.

(4) Practice dietetics/nutrition or use the title dietitian/nutritionist or use in connection with his/her name any designation tending to imply that he/she is a dietitian/nutritionist during the time his/her license issued under provisions of this chapter shall be expired, suspended, or revoked.

(5) Otherwise violate any provisions of this chapter.

(b) Such misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the county jail for not more than 30 days or by both such fine and imprisonment.
Ala. Code § 34-22-43 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-43
Section 34-22-43 Registry, Records, and Office of Board
Status: in_force

(a) The secretary of the board shall keep a registry in which shall be entered the names of all persons to whom temporary licenses, limited licenses, license certificates, approvals for the use of pharmaceutical agents, and annual registration certificates have been granted under this chapter, the numbers of the license certificates and annual registration certificates, the dates of granting the same, and other matters of record and shall keep a true and correct copy of the minutes of all board meetings.

(b) A photograph of the records, or a copy of the records certified by the secretary and under the seal of the board, shall be admitted in any of the courts of this state as prima facie evidence of the facts contained in the records and in lieu of the original records.

(c) A certificate under the hand of the secretary and the seal of the board that there is not entered in the record books the name, number of, and date of granting a license certificate or renewal license certificate to a person charged with a violation of this chapter shall be prima facie evidence of the facts contained therein. The certificates shall be admitted in any of the courts of this state in lieu of the records of the board.

(d) The original books, records, and papers of the board shall be kept at the office of the secretary of the board, which office shall be at a place designated by the board.

(e) Upon the payment of a reasonable fee established by the board, the secretary of the board shall transmit a copy of the most recent registry to any person requesting it.
Ala. Code § 34-8B-17 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-17
Section 34-8B-17 Disposition of Funds; Collection of Fees
Status: in_force

All moneys collected pursuant to this chapter shall be deposited into the Board of Court Reporting Fund. All expenses incurred by the board in implementing and administering this chapter shall be paid out of the fund provided that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees which shall be deposited into the fund:

(1) An application fee for any temporary or regular license.

(2) An examination fee.

(3) A renewal fee for any temporary or regular license.

(4) A reinstatement fee for any application for reinstatement of a temporary or regular license which has been placed on inactive status, revoked or suspended.

(5) A fee for the renewal of a license after the due date which shall be increased 20 percent for each month or fraction thereof that payment is delayed, unless the delay is caused by conditions resulting from additional requirements imposed by the board. Notwithstanding the foregoing, delinquency of more than 60 days shall result in revocation of licensure.

(6) A change of information fee.

(7) Necessary administrative fees including, but not limited to, reasonable costs for copying, labels, and lists.
Ala. Code § 34-8A-85 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-85
Section 34-8A-85 Confidentiality of Records, Proceedings, Etc
Status: in_force

(a) All information, interviews, reports, statements, memorandum, or other documents furnished to or produced by the Alabama Licensed Counselor Wellness Committee and any findings, conclusions, interventions, treatment, or rehabilitation, and related actions of the committee are privileged and confidential and not subject to subpoena or discovery, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial.

(b) All records and proceedings of the committee are confidential and may only be used by the committee and the members of the committee for the specific purposes of the committee.

(c) The committee may only disclose wellness, treatment, or disciplinary information relating to an impaired licensee in the following circumstances:

(1) When essential to further the intervention, treatment, counseling, or rehabilitation needs of the licensee, and then only to those individuals or entities with a need to know.

(2) When the release is authorized in writing by the licensee.

(3) When the committee is required to make a report to the board.

(4) When ordered by a court after an in camera review that the evidence of an impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the evidence is substantially more probative than prejudicial.
Ala. Code § 34-26-22 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-22
Section 34-26-22 Certain Powers and Duties Enumerated; Registration Requirements; Continuing Education; Rules and Regulations
Status: in_force

(a) The Board of Examiners in Psychology shall have authority to administer oaths, to summon witnesses 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 practice of psychology and the sole board empowered to recommend licensure for the practice of psychology. The board shall have the power to recognize areas of specialization for practice and supervision, and to ensure through rules and regulations and enforcement that licensees limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience. No individual shall be issued a license for the practice of psychology who has not been previously certified at the appropriate level of practice by the board. The board shall certify as competent to practice psychology or as competent to practice as a psychological technician all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. The certification shall be signed by the chair of the board under the adopted seal of the board. The chair shall, under the direction of the board, aid the district attorneys in the enforcement of this chapter and the prosecutions of all persons charged with the violation of its provisions. Psychologists and psychological technicians licensed by the board shall be required to submit annually to the board a completed registration fee, not exceeding five hundred dollars ($500), as determined by the board. The list of licensed psychologists and licensed psychological technicians shall be made available to interested individuals or organizations at a nominal charge.

(b) A psychology license issued by the board shall expire on October 15, and shall be renewed annually upon the satisfaction of continuing education requirements and payment of the renewal fee. Failure to comply with all requirements for renewal within the time period prescribed by the board shall result in a lapsed license. Failure to satisfy all requirements for reactivation of an inactive license shall result in a lapsed license. A psychologist may have his or her lapsed license reinstated upon the payment of all accrued annual fees and late penalties and satisfaction of all requirements established by rule of the board. If a psychologist is alleged to have violated any of the prohibitions on professional conduct provided in this chapter, the board, upon a hearing and proof of the violation, may deny reinstatement of the license or prohibit the psychologist from applying for reinstatement.

(c) The board shall implement requirements through its rules and regulations that licensees shall engage in annual continuing education activities other than individual study to renew the license to practice. Continuing education activities shall be relevant to the practice of psychology or applicable within the practice of psychology. The board may charge a reasonable fee to register and keep records of licensees’ continuing education credits.

(d) The board may promulgate and adopt rules and regulations as are necessary to implement the requirements of this chapter. The rules and regulations shall be adopted pursuant to the state administrative procedure statutes.
Ala. Code § 34-15-19 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-19
Section 34-15-19 Obtaining Accommodations by Fraud or Misrepresentation; Prima Facie Evidence
Status: in_force

Proof that food, lodging, or other accommodation was obtained by false pretense or by false or fictitious show or pretense of any baggage or other property by such person obtaining such food, lodging, or other accommodation, or that such person absconded or left the state without paying or offering to pay for such food, lodging, or other accommodation, or that such person gave in payment, or in part payment, for such food, lodging, or other accommodation any check or draft on which check or draft payment was refused on due presentation or that such person surreptitiously removed, or attempted to remove, from such hotel, boardinghouse, or eating house the baggage or other property brought with him or her thereto without having paid, or offered to pay, for such food, lodging, or other accommodation so furnished him or her shall be prima facie evidence of the fraud or misrepresentation, or intent to deceive or defraud, mentioned in Sections 13A-8-10 through 13A-8-10.3. No person shall be convicted under the provisions of Sections 13A-8-10 through 13A-8-10.3 where there has been an express agreement to delay payment for such food, lodging, or other accommodation until a date after such person terminates his or her relation as a guest at such hotel, boardinghouse, or eating house.
Ala. Code § 34-24-210 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-210
Section 34-24-210 License Requirements
Status: in_force

(a) License or compact privilege required. No individual shall practice nor hold himself or herself out to be able to practice physical therapy in this state unless he or she is licensed or has been granted a compact privilege in accordance with this chapter.

(b) License or compact privilege required. No individual shall act nor hold himself or herself out as being able to act as a physical therapist assistant unless he or she is licensed or has been granted a compact privilege in accordance with this article.

(c) Other healing arts not affected. Nothing in this article shall prohibit any individual licensed to practice any other of the healing arts in this state under any other law from engaging in the practice for which he or she is licensed.
Ala. Code § 34-14-6 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-6
Section 34-14-6 Licenses - Renewal; Fees; Continuing Education
Status: in_force

(a) Each person who engages in the fitting and sale of hearing instruments shall annually, on or before January 30, pay to the board a fee as prescribed by rule of the board for renewal of his or her license and shall keep such certificate conspicuously posted in his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the board for posting in each location upon payment of the fee prescribed by rule of the board. A license may be reinstated and renewed within two years. The board may renew such expired certificates upon payment of a reinstatement fee as prescribed by the board, in addition to the license renewal fee, to the board. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided, that such renewal application is made within two years from the date of such expiration.

(b) All fees collected by the board shall be set by rule of the board. For calendar year 2016, no single fee shall exceed two hundred fifty dollars ($250). For any calendar year thereafter, no single fee may be increased by more than 20 percent per year.

(c) The board shall maintain a program of continuing education for its licensees. No licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met.
Ala. Code § 34-6-8.1 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-8.1
Section 34-6-8.1 Commercial Operation of Billiard Tables in Certain Areas Authorized; License Required
Status: in_force

All laws to the contrary notwithstanding, any business establishment, which is located outside of the corporate limits of any town or municipality even though it may be located within the police jurisdiction of a town or municipality, is hereby authorized to install and commercially operate billiard tables on its premises so long as the person, firm, or corporation operating such tables has secured a license for such operation from the judge of probate of the county wherein such establishment is located as provided for in Article 2, of this chapter.
Ala. Code § 34-14A-12 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-12
Section 34-14A-12 Standards of Practice; Building Laws and Codes
Status: in_force

(a) The board shall have the sole authority to adopt the following codes:

(1) The Alabama Residential Building Code, which shall apply to all construction and improvements governed by this chapter.

(2) The Alabama Residential Energy Code, which shall apply to all residential construction and improvements.

(b)(1) The Alabama Residential Building Code shall be enforced by local jurisdictions that have permitting and inspection programs for residential construction and improvements that are adhered to by residential home builders. The Alabama Residential Building Code shall not supersede any local residential building code adopted by any county or municipality in effect on January 1, 2027.

(2) The Alabama Residential Energy Code shall be enforced by local jurisdictions that have adopted energy code provisions for residential and commercial construction and improvements. Provisions adopted by local jurisdictions may not exceed those contained within the Alabama Residential Energy Code.

(3) A local building code adopted by any county or municipality after January 1, 2027, shall meet the minimum standards of the Alabama Residential Building Code and the Alabama Residential Energy Code in effect at the time of the local building code adoption. The local building code may amend the standards as local conditions require, but no such adoption or amendment shall exceed the provisions of the Alabama Residential Energy Code unless local conditions or compliance with any federal mandate requires such adoption.

(4) Notwithstanding any other provision of law to the contrary, the Alabama Residential Building Code does not apply to any agricultural building except for any residence contained therein.

(c)(1) A county commission, by resolution, may adopt building laws and codes that shall apply in the unincorporated areas of the county. The county commission shall provide a copy of any resolution adopted pursuant to this subsection to the board within 10 business days of adopting the resolution.

(2) A local building law or code adopted pursuant to this subsection may not take effect until 120 days after the resolution was adopted; provided, in the case of an insurance claim requiring work and activities for which a license is required by this chapter, the effective date for the building law or code shall be the date of adoption by the local jurisdiction.

(3) The building laws and codes of the county commission may be enforced within a municipality’s police jurisdiction outside of the municipality’s corporate limits as provided in Section 11-40-10(b)(2). The building laws and codes of the county commission may apply within the corporate limits of any municipality only with the express consent of the governing body of the municipality.

(4) The county commission may employ building inspectors to see that its laws or codes are not violated and that the plans and specifications for buildings are not in conflict with the laws and codes of the county and may exact fees to be paid by the owners of the property inspected.

(5) The county commission, by resolution, may discontinue its administration and enforcement of the building laws and codes. However, the discontinuation shall not take effect until 120 days after the resolution was adopted. The county commission shall provide a copy of the resolution to the board within 10 business days of adopting the resolution.

(d) Utilizing the same authority and procedures as municipalities pursuant to Sections 11-53A-20 to 11-53A-26, inclusive, the county commission may condemn buildings, parts of buildings, or structures dangerous to the public and prohibit the use thereof and abate the same as a nuisance.

(e) The county commissions, municipalities, and other public entities may enter into mutual agreements, compacts, and contracts for the administration and enforcement of their respective building laws and codes. A county commission or municipality shall provide a copy of the mutual agreement, compact, or contract to the board within 10 business days of its execution.

(f) A county commission or municipality shall provide to the board a copy of any resolution, ordinance, or agreement adopted pursuant to Section 11-40-10(b)(2) within 10 business days of its adoption.

(g) Nothing in this section shall be construed to restrict the power of any county or municipality to adopt and enforce local building laws or codes that either comply with or exceed the minimum standards of the Alabama Residential Building Code; provided the local laws or codes are adopted or amended in accordance with this chapter.
Ala. Code § 34-21A-18 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-18
Section 34-21A-18 Annual Renewal of License
Status: in_force

(a) A license is only valid during the calendar year indicated on the license. At the end of that calendar year, the license will expire unless it is renewed by the licensee. All licensees shall make application for license renewal at least 30 days prior to the expiration of a current license.

(b) Specific license renewal application forms and license renewal requirements shall be developed by the board. License renewal requirements shall include, but not be limited to, continuing education and training requirements for each level and type of license and evidence of adequate bond. The license renewal application form shall be accompanied by all required documentation and renewal fees. The board shall verify that the renewal applicant is a current licensee who is eligible for renewal before issuing a new license.

(c) Failure to meet renewal requirements shall result in expiration and revocation of a license. Upon expiration of a license, the licensee’s name will be removed from the board’s official list and the Alabama Department of Public Health and the appropriate local health authorities will be notified of the license expiration. A license which has expired for failure to renew may only be restored within one year from the date of expiration after application and payment of the license restoration fee established by the board. Any license which has not been restored within one year following its expiration may not be renewed, restored, or reissued, and the holder may apply for and obtain a new license only upon compliance with all qualifications and requirements for the issuance of a new license.
Ala. Code § 34-33A-8 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-8
Section 34-33A-8 State Fire Marshal’s Permit - Expiration and Renewal; Reinstatement
Status: in_force

A State Fire Marshal’s permit shall expire annually at midnight on September 30. At least 30 days prior to expiration, a renewal application with a renewal fee shall be submitted. A permit which is not renewed prior to expiration shall be null and void on the expiration date, and it shall be unlawful under this chapter for any individual, partnership, corporation, association, or joint venture to engage in the business of installing, repairing, altering, adding, maintaining, or inspecting a fire alarm system without a validly renewed State Fire Marshal’s permit. The permit may be reinstated by making application as before and payment of the fee; however, until the time as a new permit is issued, it shall be unlawful for the fire alarm contractor to engage in installing, repairing, altering, adding, maintaining, or inspecting fire alarm systems.
Ala. Code § 34-24-294 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-294
Section 34-24-294 Injunctive Proceedings
Status: in_force

(a) The Board of Medical Examiners may, in the name of the people of the State of Alabama and through the Attorney General of the State of Alabama, or district attorney under the supervision of the Attorney General, apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by the board or by the provisions of this article.

(b) If it is established that any person has been or is committing any act prohibited by the board or by any provision of this article, the court or any judge shall enter a judgment perpetually enjoining the person from further committing the act.

(c) In case of violation of any injunction issued under the provisions of this section, the court or any judge thereof may summarily try and punish the offender for contempt of court.

(d) Such injunctive proceedings shall be in addition to and not in lieu of all penalties and other remedies provided in this article.
Ala. Code § 34-23-53 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-53
Section 34-23-53 Training Program for Candidates for Licensure
Status: in_force

Candidates for licensure as pharmacists shall complete a practical training program as prescribed by the board in keeping with standards established by the national accreditation agencies. The candidate shall apply to the board for proper reporting forms and shall ascertain that the preceptor under whom he or she proposes to take his or her practical training is a qualified preceptor. The candidate shall receive credit for experience gained only in an approved site under the supervision of an approved preceptor. The candidate must keep records as prescribed by the board of all professional experience gained, and upon request, must report to the board and furnish information relative to the practical experience gained. The board may accept internship affidavits from other states, provided the internship requirements are no less than requirements of the National Association of Boards of Pharmacy.
Ala. Code § 34-21-82 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-82
Section 34-21-82 Joint Committee - Appointment, Terms of Office, Office of Chair, and Meetings
Status: in_force

(a)(1) The physician members of the joint committee shall be appointed by the State Board of Medical Examiners.

(2) The certified registered nurse practitioner members of the joint committee shall be appointed by the Board of Nursing as follows:

a. One seat shall be filled from a list of no fewer than two names submitted by the Nurse Practitioner Alliance of Alabama, or its successor organization. The initial member appointed shall serve a term commencing on October 1, 2025, and ending on September 30, 2028.

b. One seat shall be filled from a list of no fewer than two names submitted by the Alabama State Nurses Association, or its successor organization. The initial member appointed shall serve a term commencing on October 1, 2025, and ending on September 30, 2027.

(3) The certified nurse midwife member of the joint committee shall be appointed by the Board of Nursing from a list of no fewer than two names submitted by the Alabama affiliate of the American College of Nurse-Midwives. The initial member appointed shall serve a term commencing on October 1, 2026, and ending on September 30, 2029.

(4) Following initial terms, all members shall serve three-year terms. No member shall serve more than two full terms, either consecutively or separately.

(b) If a vacancy occurs on the committee, a successor shall be appointed by the respective appointing authority in subsection (a) to serve the unexpired term.

(c) The committee shall select one of its members to serve as chair for a one-year term, alternating between a physician member of the committee and a nurse member of the committee.

(d) The committee shall meet annually, or more frequently if requested by the State Board of Medical Examiners or the Board of Nursing. Members of the committee shall receive a per diem at a daily rate determined by the respective appointing authority. The daily rate shall apply to any day or any portion thereof that such a committee member shall be in attendance at an official meeting or function of the committee and in addition shall receive reimbursement for subsistence and travel in accordance with state law for each day actively engaged in the duties of their offices. The State Board of Medical Examiners shall pay the per diem and expenses of the physician members and the Board of Nursing shall pay the per diem and expenses of the nurse members, and both boards shall furnish necessary clerical and administrative support for operation of the committee.
Ala. Code § 34-20-5 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-5
Section 34-20-5 Board of Examiners of Nursing Home Administrators - Functions, Powers, and Duties
Status: in_force

(a) It shall be the function and duty of the board to:

(1) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;

(2) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;

(3) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;

(4) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;

(5) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards; and

(6) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.

(b) The board shall have the authority to:

(1) Make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in Section 1908 of the Social Security Act, federal rules and regulations promulgated thereunder and other pertinent federal authority; and

(2) Establish, provide, or approve various education programs or courses for nursing home administrators, and to prescribe rules and regulations requiring applicants for licenses as nursing home administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license, and requiring licensed nursing home administrators to attend such programs or courses as a prerequisite to their being issued any license renewal.
Ala. Code § 34-27C-14 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-14
Section 34-27C-14 Appeals
Status: in_force

Any person or entity aggrieved by any final action of the board may appeal to the Circuit Court of Montgomery County.
Ala. Code § 34-25-3 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-3
Section 34-25-3 Instrumentation
Status: in_force

(a) Every polygraph examiner shall use a polygraph device during a polygraph examination.

(b) Patterns of other physiological changes may also be recorded during a polygraph examination.

(c) The use of any polygraph device to detect or to verify the truth of statements which does not meet minimum instrumentation requirements required in Section 34-25-2 is prohibited.
Ala. Code § 34-9-18 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-18
Section 34-9-18 Grounds for Disciplinary Action
Status: in_force

(a) The board may invoke disciplinary action as outlined in subsection (b) whenever it shall be established to the satisfaction of the board, after a hearing as hereinafter provided, that any dentist or dental hygienist has been guilty of the following:

(1) Fraud, deceit, or misrepresentation in obtaining any license, license certificate, annual registration certificate, money, or other thing of value.

(2) Gross immorality.

(3) Is a menace to the public health or to patients or others by reason of a disease.

(4) Is an habitual user of intoxicants or drugs rendering him or her unfit for the practice of dentistry or dental hygiene.

(5) Has been convicted for violation of federal or state narcotics or barbiturate laws.

(6) Is guilty of negligence or gross negligence.

a. For the purposes of this subdivision, negligence is defined as the failure to do what a reasonably prudent dentist or dental hygienist would have done under the same or similar circumstances or the doing of that which a reasonably prudent practitioner would not have done under the same or similar circumstances.

b. For the purposes of this subdivision, gross negligence is defined as willful or wanton conduct with reckless, malicious, or conscious disregard for the rights or safety of others, or conduct that is so deliberate, outrageous, and callous as to display total indifference to the health or safety of a patient, that could result in serious bodily injury or death.

(7) Is guilty of employing, allowing, or permitting any unlicensed person or persons to perform any work in his or her office which, under this chapter, can only be legally done by a person or persons holding a license to practice dentistry or dental hygiene.

(8) Willfully or negligently violates the rules of the State Department of Health or of the board regarding sanitation.

(9) Is guilty of division of fees, or agreeing to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or his or her legal representative, except the division of fees between dentists practicing in a partnership and sharing professional fees, or in case of one licensed dentist employing another.

(10) Is guilty of professional connection or association with or lending his or her name to anyone who is engaged in the illegal practice of dentistry or dental hygiene.

(11) Conviction in any court of competent jurisdiction of a felony or a misdemeanor involving moral turpitude.

(12)a. A dental hygienist using or attempting to use in any manner whatsoever any prophylactic list, call list, records, reprints, or copies of same, or information gathered therefrom, of the names of patients whom the dental hygienist served in the office of a prior employer, unless the names appear upon the bona fide call or prophylactic list of his or her present employer and were caused to appear through the legitimate practice of dentistry or dental hygiene as provided for in this chapter.

b. A licensed dentist who aids or abets or encourages a dental hygienist employed by him or her to make use of a prophylactic list or the calling by telephone or by the use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist employing the hygienist.

(13) Pertaining to licensed dentists only, the prescribing, administering or dispensing of any controlled substances enumerated in Schedules I through V contained in the Alabama Uniform Controlled Substances Act, Chapter 2 of Title 20, or any amendment or successor thereto, or any drug not prescribed for any dentally or facially related condition, and/or for any necessary medication during the course of treatment rendered directly by the dentist, for any person not under his or her treatment in the regular practice of his or her profession.

(14) Irregularities in billing an insurance company or other third party payer for services rendered to a patient. For the purposes of this section irregularities in billing shall include: Reporting charges for the purpose of obtaining a total payment in excess of that usually received by the dentist for the services rendered; falsely reporting treatment dates for the purpose of obtaining payment; falsely reporting charges for services not rendered; falsely reporting services rendered for the purpose of obtaining payment; or failing to advise any third party payer that the copayment provisions of a contract have been abrogated by accepting the payment received from the third party payer as full payment.

(15) Pertaining to licensed dentists only, patient abandonment.

(16) Violating any rule adopted by the board.

(17) Has had his or her license or permit to practice dentistry or dental hygiene from another state suspended or revoked based upon acts similar to those described in this section. A certified copy of the record of suspension or revocation of the state making the suspension or revocation shall be conclusive evidence thereof.

(18) Violating any provision of this chapter.

(b) When the board finds any dentist or dental hygienist guilty of any of the grounds set forth in subsection (a), it may enter an order imposing one or more of the following penalties:

(1) Refuse to issue the dentist or dental hygienist any license or permit provided for in this chapter.

(2) With the exception of negligence as defined in paragraph (a)(6)a. revoke the license or permit of any dentist or dental hygienist.

(3) Suspend the license or permit of any dentist or dental hygienist.

(4) Enter a censure.

(5) Issue an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the dentist or dental hygienist.

(6) Impose an administrative fine not to exceed five thousand dollars ($5,000) for each count or separate offense.

(7) Impose restrictions on the scope of practice.

(8) Impose peer review or professional education requirements.

(9) Assess the costs of the disciplinary proceedings.

(c) Failure to comply with any order of the board, including, but not limited to, an order of censure or probation, is cause for suspension or revocation of a license.

(d)(1) No disciplinary action as outlined in subsection (b) or (c) shall be invoked or entered except after a hearing by the board as provided in this chapter, and such order is subject to judicial review as provided by this chapter.

(2) No order of suspension or revocation provided in this section shall be made or entered except after a hearing by the board as provided in this chapter, and the order shall be subject to judicial review as provided by this chapter.

(e)(1) The board may temporarily suspend a special purpose license to practice dentistry across state lines without a hearing on either of the following grounds:

a. The failure of the licensee to appear or produce records or materials as requested by the board.

b. The initiation of a disciplinary action against the licensee by any state or territorial licensing jurisdiction in which the licensee holds a license to practice dentistry.

(2) Notwithstanding any other provision of law, including the Alabama Administrative Procedure Act, the temporary suspension provided herein shall remain in effect until either the licensee has complied with the request of the board or the disciplinary action pending against the licensee has been terminated in favor of the licensee and the temporary suspension has been terminated by a written order of the board. A special purpose license to practice dentistry across state lines is subject to each of the grounds for disciplinary action provided in this section in accordance with the procedures of Section 34-9-24 and the Alabama Administrative Procedure Act.

(f) Members of the board, any agent, employee, consultant, or attorney for the board, and the members of any committee of dentists or dental hygienists impaneled by the board, shall be immune from suits for any conduct in the course of their official duties with respect to investigations or hearings; provided, that the persons act without malice and in good faith that such investigations or hearings are warranted by the facts, known to them after diligent effort to obtain the facts of the matter relative to the investigations or hearings.

(g) Nothing in this chapter shall be interpreted to limit or restrict the authority of the board to discipline any dentist licensed to practice in this state who violates this chapter while engaging in the practice of dentistry within this or any other state.

(h) The board shall have the authority to adopt rules imposing a non-disciplinary administrative penalty for designated violations of this chapter.
Ala. Code § 34-8-27 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-27
Section 34-8-27 Appeals
Status: in_force

Any party aggrieved by any decision of the State Licensing Board, either in denying an application for license as a general contractor or in revoking a license, may appeal to the Circuit Court of Montgomery County by filing a bond with the clerk of the court, conditioned to pay all costs of the appeal. Upon notice of the appeal being served upon the Licensing Board, an issue shall be made up by the court between the appellant and the Licensing Board, in which the appellant shall allege in what respect the action of the Licensing Board was erroneous and prejudicial to him or her; whereupon the court shall hear the evidence and, without regard to the decision of the Licensing Board, shall render such decision as the court is of the opinion the Licensing Board should have rendered in the first instance.
Ala. Code § 34-24-541 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-541
Section 34-24-541 Dissolution
Status: in_force

(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Ala. Code § 34-7-7 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-7
Section 34-7-7 Application for Certificate or for Examination and License; Certificate of Health; Jurisdiction of Health Department
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-40-11 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-11
Section 34-40-11 Hearing Upon Application or Filing of Charges; Procedure; Appeal
Status: in_force

(a) Any person whose application for a license is denied is entitled to a hearing before the board if the person submits a written request to the board. Proceedings for revocation or suspension of a license shall be commenced by filing charges with the board in writing and under oath. The charges may be made by any person or persons. The secretary shall fix a time and place for a hearing and shall cause a written copy of the charges or reason for denial of a license, together with a notice of the time and place fixed for hearing to be served on the applicant requesting the hearing or the licensee against whom the charges have been filed at least 20 days prior to the date set for the hearing. Service of charges and notice of hearing may be given by certified mail to the last known address of the licensee or applicant. At the hearing, the applicant or licensee has the right to appear either personally or by counsel, or both, to produce witnesses, to have subpoenas issued by the board, and to cross-examine the opposing or adverse witnesses. The board is not bound by the strict rules of procedure or by the laws of evidence in the conduct of the proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it. The board shall determine the charges on their merits and enter an order in a permanent record setting forth the findings of fact and law, and the action taken. On application, the board may reissue a license to a person whose license has been cancelled or revoked, but the application may not be made prior to the expiration of a period of six months after the order of cancellation or revocation has become final; and the application shall be made in the manner and form as the board may require.

(b) A person whose application for a license has been refused or whose license has been cancelled, revoked, or suspended by the board may take an appeal, within 30 days after the order is entered in the judicial circuit of his or her residence or in the Montgomery County Circuit Court, to any court of competent jurisdiction.

(c) Appeal from the judgment of the court lies as in other civil cases.
Ala. Code § 34-41-11 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-11
Section 34-41-11 Examinations
Status: in_force

Annual examinations shall be formulated and conducted by the board at a time and place the board shall determine. The board shall by regulation establish the fee required for examination.
Ala. Code § 34-24-365 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-365
Section 34-24-365 Witnesses - Depositions
Status: in_force

The commission, board or, with the consent of the commission, any party to any proceeding before the commission, may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for depositions in civil actions in circuit courts, such depositions to be taken on a commission to be issued by the executive officer of the commission or by the executive director of the board and made returnable to either the commission or the board.
Ala. Code § 34-37-13 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-13
Section 34-37-13 Master Plumber’s and Gas Fitter’s Bond
Status: reserved

Repealed by Act 2015-496 effective September 1, 2015.
Ala. Code § 34-2A-16 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-16
Section 34-2A-16 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed so as to limit, conflict with, or diminish the authority granted to the State Board of Public Health to license and regulate assisted living facilities pursuant to Chapter 21 of Title 22. The board may not set any requirement, promulgate any rule, or take any action in conflict with the rules of the State Board of Public Health.
Ala. Code § 34-28A-72 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-72
Section 34-28A-72 Construction and Severability
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes of this compact. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If this compact is held 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 § 34-24-502 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-502
Section 34-24-502 Licensure
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 § 34-15-12 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-12
Section 34-15-12 Safe Depository for Valuable Articles - Requirement; Notice
Status: in_force

Every hotel must provide itself with a safe depository for the valuable articles belonging to its guests, and must keep displayed on the inner face of the main entrance door in each sleeping room occupied by its guests or in any other conspicuous place in the sleeping room, and in the lobby of the hotel, written or printed notice to its guests that they must leave their valuables with the hotel, its clerk or agent for safekeeping in the safe depository, and of the limitations of liability provided for in Section 34-15-13.
Ala. Code § 34-21A-12 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-12
Section 34-21A-12 Licenses
Status: in_force

(a) The board shall establish the following types of licenses:

(1) A basic level installer license.

(2) An advanced level I installer license.

(3) An advanced level II installer license.

(4) A manufacturer’s license.

(5) A pumper license.

(6) A portable toilet license.

(b) A person shall first obtain a basic level installer license before qualifying for an advanced level installer license. Additional areas of qualification and license levels may be established by the board based on future evaluations of industry needs and technology advancements.

(c) Licenses issued by the board shall be recognized as evidence of qualification and knowledge of the licensee by the Alabama Department of Public Health and county or local health authorities, and no other additional level of qualification or certification or other requirement shall be required by the Alabama Department of Public Health or any county or local health authorities for those persons engaged in the manufacture, installation, or servicing of onsite sewage systems.

(d) A license shall be issued for the current calendar year and the license shall be valid only for that calendar year. All licenses shall expire on December 31 of each calendar year.

(e) No individual, business, partnership, or corporation shall engage in the manufacture, installation, servicing, cleaning, or maintenance of an onsite sewage system installed in the State of Alabama unless the individual, or the person in responsible charge for the business, partnership, or corporation, has received the required specific license from the board. Persons engaged in the installation or servicing of onsite sewage systems shall obtain a basic level installer license for conventional onsite sewage systems or an advanced level installer license for engineered onsite sewage systems. All manufacturers of onsite sewage septic tanks or receptacles for onsite sewage systems shall qualify and obtain a manufacturer’s license. Licenses issued under this chapter shall be granted to individuals meeting the criteria for qualification as established by this board. The licensee shall perform no work outside the level of competency stated on the certificate of license. An individual may be licensed in all areas of eligibility.

(f) No individual, business, partnership, or corporation shall advertise, solicit, bid, obtain permit, conduct business, or perform the function of manufacturing, installing, cleaning, servicing, repairing, or maintaining onsite sewage equipment or systems in Alabama unless the person or persons in responsible charge are licensed as defined in this chapter.

(g) No official charged with the duty of issuing business licenses to any individual, partnership, corporation, or other business entity to operate a business performing the function of manufacturing, installing, cleaning, servicing, repairing, or maintaining onsite sewage equipment or systems in Alabama shall issue such a business license unless there is presented for inspection a license certificate as provided herein issued by the board to the individual or to some person in responsible charge with the partnership, corporation, or business entity.

(h) No license shall be issued except to an individual. A firm, partnership, association, or corporation shall not be licensed. Partnerships, corporations, or other business entities shall designate the licensed individual in responsible charge under whose name its business is to operate to the local business licensing authority, the board, and the local health officials. If that designated person ceases to be employed by the business entity, notice shall be made immediately to the board and the local health officials. The partnership or corporation shall then have 45 days to re-designate a licensed individual responsible for work performed by the business entity. During this 45-day period, no work shall be initiated by the business entity without the knowledge and approval of local health officials. Any work performed during this time shall be inspected by local health officials and approved by the officials before being considered complete and put into operation. Under special circumstances, a business entity engaged in the manufacture of septic tanks can petition the board for an extension of time beyond the 45-day period to re-designate a licensed individual in a position of responsible charge under whose manufacturer’s license the business is to operate. Under no condition may this extension of time extend more than three weeks past the date of the next examination offered by the board for a manufacturer’s license.

(i) License certificates suitable for framing, bearing the licensee’s name, level and type of license, license number, and the calendar year in which the license is valid shall be issued to all qualified licensees. Every licensee holding a license issued by the board shall display it in a conspicuous manner at his or her principal place of business.

(j) All licensees shall abide by all federal, state, and local laws and ordinances. No license issued by the board may be sold or transferred. Any license misused may be revoked by the board.

(k) Every licensee shall notify the board of the address of his or her place of business, the counties in which he or she does business or performs work, and the name under which the business is carried on. Licensees shall give immediate notice to the board of any change in this information. Service of any process shall be achieved by mailing notice of such information by first class postage, U.S. Postal Service, to the address of record. No further service of process shall be required.
Ala. Code § 34-12-35 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-35
Section 34-12-35 Powers Generally
Status: in_force

The board shall have the power to make all bylaws and rules, not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulations of the proceedings before the board. Notwithstanding any other provision of law, following appropriate review by the Contract Review Permanent Legislative Oversight Committee, the board may enter into any contract or agreement relating to the board without further approval. The board shall adopt and have an official seal. In carrying into effect the provisions of this chapter, the board may, under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, maps, or documents. Any member of the board may administer oaths of affirmation to witnesses appearing before the board. Witnesses officially called by the board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the members of the board as provided and set out in Section 34-12-4. If any person shall refuse to appear as a witness before the board, or refuse to testify, or refuse to produce any books, papers, or documents, the board may present its petition to the Circuit Court of Montgomery County, setting forth the facts, and the court shall, in a proper case, issue a subpoena to the person, requiring his or her attendance before the circuit court and there to testify or to produce such books, papers, and documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpoena or order of the circuit court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the court. The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from the commission of any act which is prohibited by this chapter. Application for an injunction may be made to the Circuit Court of Montgomery County, Alabama, or the circuit court of the county in which it is alleged that the violation is occurring. The members of the board shall not be personally liable for instituting any such proceedings.
Ala. Code § 34-25B-17 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-17
Section 34-25B-17 Expiration and Renewal of License; Inactive Status
Status: in_force

(a) All licenses issued or renewed under this article shall be valid for a period of two years from the month of issuance. The board shall mail to each licensee, at his or her address of record, a notice of renewal at least 60 days prior to the expiration of his or her license. An application for renewal shall be available for download by the licensee on the website of the board. A licensee shall report any change of address to the board.

(b) Each application for renewal shall be reviewed for criminal convictions and civil fraud findings.

(c) An administrative late fee not exceeding two hundred dollars ($200), as prescribed by the board, shall be assessed on any renewal application postmarked after the expiration date of the license.

(d) A renewal application may not be accepted by the board more than 30 days after the expiration date of the license. This subsection may be waived by the board for good cause.

(e) A licensee may request, in writing, for the board to place his or her license on inactive status. The fees for issuing and renewing an inactive status certificate shall be established by rule of the board. The board shall also provide, by rule, for the activities an inactive status certificate holder may engage in, and for the procedure and fees required to reinstate an inactive status license. Any holder of an inactive status certificate who violates the limitations of the certificate shall be subject to fines and disciplinary action established by rule of the board.
Ala. Code § 34-22-6 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-6
Section 34-22-6 Violations; Penalties; Assistance in Prosecutions; Costs and Attorney Fees; Venue
Status: in_force

(a) It shall be unlawful for any person to perform any of the following:

(1) Practice optometry in this state without having a valid, unrevoked, and unexpired license certificate and annual renewal registration certificate as an optometrist.

(2) Use or attempt to use as his or her own a diploma of an optometric school or college or a license of another person, or a forged diploma or license, or any forged or false identification.

(3) Sell or offer to sell a diploma conferring an optometric degree or a license granted pursuant to this chapter or prior optometric practice laws, or to procure each diploma or license with intent that it shall be used as evidence of the right to practice optometry by a person other than the one upon whom it was conferred or to whom the license was granted, or with fraudulent intent to alter the diploma or license or to use or attempt to use it when it is so altered.

(4) Willfully make any false statements in an application for examination for a certificate to practice optometry or for annual renewal registration.

(5) Use or attempt to use pharmaceutical agents for the treatment of the human eye and its adjacent structures without having approval of the board at the time the treatment is rendered.

(b)(1) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars ($1,000) and, in addition, may be imprisoned in the county jail for a period not to exceed 12 months and shall be subject to having his or her license revoked or suspended as provided in this chapter.

(2) 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 the evidence as they may ascertain necessary to assist them in the prosecution of any violation of this chapter. The board, may for these purposes, make such reasonable expenditures from the funds of the board as it may deem necessary to ascertain and furnish the evidence.

(3) In addition to criminal penalties, any person violating this section may be fined up to one thousand dollars ($1000) by the board for each violation. The board may sue, if necessary, to collect the fine.

(4) The board is entitled to costs and reasonable attorney fees in any civil action in which it prevails.

(5) Venue for any action brought by the board pursuant to this chapter is the Circuit Court of Montgomery County.
Ala. Code § 34-27-83 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-83
Section 34-27-83 Agency Disclosure Office Policy
Status: in_force

(a) Any qualifying broker acting in a real estate transaction shall adopt a written agency disclosure office policy that specifically enumerates the types of brokerage services a licensee may offer or accept.

(b) The qualifying broker for each real estate company shall provide every licensee a copy of the agency disclosure policy regarding the types of brokerage services offered by their company. This policy shall be explained to all licensees at least once a year.

(c) A form acknowledging receipt of the agency disclosure office policy statement and a satisfactory explanation of its contents shall be signed by each licensee and a copy retained by the real estate company for three years.
Ala. Code § 34-28A-41 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-41
Section 34-28A-41 Compensation of Board Members
Status: in_force

Members of the board shall receive no compensation for their services, but may be reimbursed for necessary expenses pursuant to state regulations from funds derived from fees collected under this chapter or from other available revenue sources.
Ala. Code § 34-7B-63 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-63
Section 34-7B-63 Construction and Severability
Status: in_force

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the 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 the compact, or of the United States, or the applicability thereof 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 thereof to any other government, agency, individual, or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-7B-61, terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the 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 § 34-2A-14 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-14
Section 34-2A-14 Reissuance of License
Status: in_force

The board may, for good cause shown upon such terms as the board may prescribe, reissue a license to any person whose license has been revoked.
Ala. Code § 34-40-3 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-3
Section 34-40-3 Alabama Board of Athletic Trainers - Appointment of Members; Annual Meeting; Terms; Duties
Status: in_force

(a) The Alabama Board of Athletic Trainers shall be composed of nine members who shall serve four-year terms. Members may not serve more than three consecutive four-year terms. Three members shall be a member of a minority class, one of whom shall be a physician member. The composition of the board shall be as follows:

(1) Six members who are athletic trainers, appointed by the Alabama Athletic Trainers’ Association in accordance with subsection (b), one of whom shall also be a physical therapist.

(2) Three physicians actively engaged in the treatment of athletic injuries or illnesses, appointed by the Medical Association of the State of Alabama.

(3) The President of the Alabama Athletic Trainers’ Association who shall serve as an ex officio member of the board and whose term of office shall be yearly to coincide with his or her term as President of the Alabama Athletic Trainers’ Association.

(b) The Alabama Athletic Trainers’ Association shall conduct an annual meeting at which all athletic trainers holding a current license under this article shall have the right to attend, nominate, and vote for the athletic trainer members of the board. The association shall regulate and prescribe the date, hour, and place of the meeting, the method of nomination, and the manner of voting. At least 30 days prior to the meeting, the board shall send notices to each current licensee at the address shown on the current registration notifying of the exact date, hour, and place of the meeting, the purpose of the meeting, and of the right to attend and vote. To qualify as a board member pursuant to this subsection, a person shall be a citizen of the United States and a resident of this state and have acted as an athletic trainer for three years within this state immediately preceding appointment.

(c) In making the initial appointments, the Alabama Athletic Trainers’ Association shall appoint one athletic trainer whose term will expire in 1994, two athletic trainers whose terms will expire in 1995, one athletic trainer whose term will expire in 1996, and two athletic trainers whose terms will expire in 1997. The Medical Association of the State of Alabama shall appoint one physician whose term will expire in 1994, one physician whose term will expire in 1995, and one physician whose term will expire in 1996. All appointments expire on December 31 of the year specified.

(d) Each appointee to the board shall qualify by taking an oath of office within 15 days from the date of the appointment. In the event of death, resignation, or removal of any member, except for physician members, the vacancy of the unexpired term shall be filled by the board.

(e) The board shall elect a chair, a vice-chair, and a secretary from its members for a term of one year and may appoint any committees and formulate any rules it considers necessary to carry out its duties pursuant to this article. The board shall meet at least twice each year. Additional meetings may be held at the call of the chair or at the written request of any two members of the board. The secretary shall keep a record of the proceedings of the board. The board may adopt rules consistent with this chapter which are necessary for the performance of its duties. The board may employ an executive secretary and any officers and employees as may be necessary to carry out the duties of the board. The State Board of Medical Examiners and the board shall jointly approve any rule or policy that interprets, explains, or enumerates the permissible acts, functions, or services rendered by an athletic trainer as those acts, functions, and services are defined in Section 34-40-2. Any rule or policy adopted in violation of this requirement is invalid. The board shall prescribe methods and forms for license applications, license certificate, license renewal, verification of license, continuing education verification, and any forms for information required from licensees to carry out the duties of the board. The board shall adopt an official seal and a license certificate of suitable design.

(f) Members of the board shall receive one hundred dollars ($100) for every day actually spent in the performance of their duties and in addition thereto shall be reimbursed according to the state travel policy for other expenses in the same amounts and under the same conditions as state employees are reimbursed.

(g) The board shall pass upon the qualifications of applicants for licensure as an athletic trainer and issue licenses and annual renewals to athletic trainers. The board shall fix fees for such applications, licenses, renewals, verification of licensure, replacement of licenses, name changes of licensees, publication fees, or other administration fees deemed necessary to carry out this article.
Ala. Code § 34-24-528 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-528
Section 34-24-528 Joint Investigations
Status: in_force

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
Ala. Code § 34-26-93 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-93
Section 34-26-93 Construction and Severability
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining compact states.
Ala. Code § 34-25-28 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-28
Section 34-25-28 Change of Business Address
Status: in_force

Notice in writing shall be given to the board by the licensed examiner of any change of principal business location within 30 days of the time he or she changes the location. A change of business location without notification to the board shall automatically suspend the license therefor issued.
Ala. Code § 34-24-603 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-603
Section 34-24-603 Definitions
Status: in_force

Unless otherwise indicated from the context, the terms set out below, as used in this article shall have the following meanings:

(1) APPLICANT. A person who has submitted or that is in the process of submitting a registration under this article.

(2) BOARD. The Alabama Board of Medical Examiners.

(3) CONTROLLED SUBSTANCE. A drug, substance, or immediate precursor identified, defined, or listed in Sections 20-2-20 to 20-2-32, inclusive.

(4) HOSPITAL. A health care institution licensed by the Alabama Department of Public Health and has the same definition as provided in Chapter 420-5-7 of the Alabama Administrative Code. The term shall include any outpatient facility or clinic that is separated from the hospital that is owned, operated, or controlled by the hospital.

(5) PAIN MANAGEMENT SERVICES. Those medical services that involve the prescription of controlled substances in order to treat chronic nonmalignant pain by a physician who treats pain.

(6) PHYSICIAN. A doctor of medicine or an osteopathic physician.

(7) REGISTRANT. Any physician issued a registration by the board in its capacity as a certifying board pursuant to this article.
Ala. Code § 34-27B-13 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-13
Section 34-27B-13 Rules and Regulations
Status: in_force

The board shall promulgate rules necessary to implement and administer the provisions of this chapter. Rules shall be issued pursuant to the Administrative Procedure Act.
Ala. Code § 34-9-62 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-62
Section 34-9-62 Certification in Cardiopulmonary Resuscitation
Status: in_force

Any dentist using general anesthesia, and his or her auxiliary personnel shall be currently certified in cardiopulmonary resuscitation.
Ala. Code § 34-13-171 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-171
Section 34-13-171 Funding of Preneed Contracts; Premium Payments; Commissions; Preneed Seller as Beneficiary or Assignee
Status: in_force

Nothing in this chapter shall be construed to prohibit the funding of preneed contracts with multiple insurance or annuity contracts. Life insurance and annuity contracts used to fund preneed contracts shall conform with Title 27 as they relate to life insurance and annuities and shall cover not less than the initial retail price of the preneed contract.

(b) The initial premium payment for a life insurance policy or annuity contract shall be made payable to the issuing insurance company and the preneed seller shall remit the payment to the insurance company within 10 business days after the insurance application is signed by the parties. If a preneed contract provides for installment payments, each premium payment shall be made payable to the insurance company and, if collected by the preneed seller, shall be remitted to the insurance company within 10 business days after receipt by the preneed seller.

(c) Nothing in this chapter shall prohibit a seller, or any other person, from receiving commissions earned and payable in regard to funding preneed contracts with life insurance or annuity contracts, provided the seller or other person holds a valid insurance producer license in this state and is appointed by the insurance company paying the commission.

(d) A preneed seller may be identified as the beneficiary or assignee of the death benefit proceeds of a life insurance policy or annuity contract sold as a future funding mechanism for a preneed contract, but may not be the owner of the policy or annuity contract or exercise any ownership rights in the policy or annuity. If the preneed contract is cancelled before or after the death of the funeral beneficiary, the preneed seller shall cancel and relinquish any assignment of benefits or beneficiary status under the policy or annuity contract and deliver the policy or contract, if in the custody of the preneed seller, to the policy owner or his or her legal representative.
Ala. Code § 34-24-75.1 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-75.1
Section 34-24-75.1 Certificate and Limited License Under Retired Senior Volunteer Program
Status: in_force

(a)(1) The board, at its discretion and subject to the rules adopted by the board, may issue a certificate of qualification on behalf of physicians meeting the requirements for participation in the Retired Senior Volunteer Program (RSVP).

(2) The Retired Senior Volunteer Program is created for the purpose of permitting doctors of medicine and doctors of osteopathy who are fully retired from the active practice of medicine to obtain a limited license without cost which would permit the provision of outpatient health care services at established free clinics operated pursuant to the Volunteer Medical Professional Act, Section 6-5-660 et seq. Physicians having certificates issued under this section must limit their practice to the confines of an established free medical clinic, as that term is defined in Section 6-5-662, or other nonprofit organizations or facilities located in Alabama which are approved by the board and which provide outpatient medical care to individuals unable to pay for the care.

(3) Certificates issued under this section and licenses based thereon shall state on their faces that the certificates are issued under the RSVP and are subject to restrictions.

(4) Any physician on whose behalf a certificate of qualification is issued under this section shall be subject to having his or her license suspended or revoked by the Medical Licensure Commission for the same causes or reasons and in the same manner as provided by law in the case of other physicians.

(5) Certificates of qualification issued under this section shall expire annually. Physicians may apply to the board for renewal of their certificate, but the board shall have full discretion to accept or reject the application for renewal.

(b) A physician is eligible to receive a certificate of qualification issued under subsection (a) if he or she meets the following qualifications:

(1) The applicant currently has or has had a full and unrestricted license to practice medicine in the State of Alabama or in any other state of the United States or the District of Columbia, which license is or was at the time of expiration unrestricted and in good standing with no pending disciplinary actions or investigations at the time of expiration.

(2) The applicant certifies, on a form prescribed by the board, that he or she is fully retired from the active practice of medicine.

(3) The applicant is in good health and is not currently undergoing treatment for a physical or mental condition which would impair the individual’s ability to practice medicine with reasonable skill and safety to patients.

(4) The applicant certifies, on a form prescribed by the board, that he or she intends to limit his or her medical practice to the provision of outpatient services at an established free medical clinic as that term is defined in Section 6-5-662 or other nonprofit organization or facility that has been approved by the board and that furnishes outpatient medical care to patients unable to pay for the care.

(5) The applicant certifies, on a form prescribed by the board, that his or her license to practice medicine in any state or the District of Columbia has never been revoked, suspended, placed on probation, or otherwise subject to disciplinary action and that the applicant has not had his or her hospital medical staff privileges revoked, suspended, curtailed, limited, or surrendered while under investigation.

(6) The applicant acknowledges, on a form prescribed by the board, that he or she is subject to the continuing medical education requirements for physicians as specified in the rules of the State Board of Medical Examiners.

(7) The applicant furnishes a certification of the employment arrangements or agreement with the qualified clinic or nonprofit organization.

(c) A certificate of qualification issued under subsection (a) shall be issued at no cost to the applicant.

(d) The Medical Licensure Commission and the State Board of Medical Examiners each may adopt reasonable rules necessary to implement the requirements of this section and Section 34-24-333(b).
Ala. Code § 34-8A-10 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-10
Section 34-8A-10 Examination
Status: in_force

The place of examination shall be designated in advance by the board, and such examination shall be given annually at such time and place and under the supervision as the board may determine, and specifically at such other times as in the opinion of the board the number of applicants warrants.
Ala. Code § 34-24-175 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-175
Section 34-24-175 Appeal from Final Decision, Judicial Review
Status: in_force

(a) Any party whose license or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing to exhaust his or her remedies available from the board.

(b) Any party sanctioned as provided herein, may file a petition for judicial review in the circuit court where the board office is located. The filing of the petition must be within 30 days of the date of the board’s final decision.

(c) Within 30 days after receipt of the petition for judicial review or within such additional time as the court may allow, the board shall transmit to the reviewing court the original or a certified copy of the entire record and transcript of the proceedings under review. Any party seeking judicial review of any sanction imposed by the board shall be responsible for all costs associated with preparation, transcription, reproduction, and transmittal of the proceedings under review.

(d) Other than specified in this statute, any judicial review of the board’s final decision shall be conducted in accordance with the provisions for review of final agency decisions of contested cases in Sections 41-22-20 and 41-22-21.
Ala. Code § 34-23-72 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-72
Section 34-23-72 Internship Training Sites
Status: in_force

Every site approved by the State Board of Pharmacy for intern training shall be managed so that the intern is provided with ample opportunity to meet the training requirements established by the board. The site must have in its employ, or have an arrangement with, a pharmacist who is registered as a preceptor. A site which meets these qualifications may be approved for internship training by the board.
Ala. Code § 34-24-335 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-335
Section 34-24-335 Denial of Applications; Procedure; No Refund of Fees
Status: in_force

In the event the Medical Licensure Commission determines that the application of any person for a license should be denied, the commission shall promptly upon reaching its decision notify the applicant of its action, and such notice shall contain the reason for the commission’s denial of the application. In all cases where an application is denied, any fee which accompanied the application for the license shall not be refunded, and no applicant shall have the right to recover any part of such fee accompanying his or her application for license, the board being empowered to retain all of the fee in order to reimburse the state for expenses incident to an investigation of the applicant and the credentials certified to the commission.
Ala. Code § 34-24-299 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-299
Section 34-24-299 Renewal of License
Status: in_force

A license issued by the board to an assistant to physician must be renewed annually on or before January 1 of each year. Application for annual renewal must be received by the board on or before December 31 and must be accompanied by a fee in an amount established in the regulations of the board.
Ala. Code § 34-8-55 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-55
Section 34-8-55 Proposal, Review. and Publication of Alabama Commercial Energy Code
Status: in_force

(a) By December 31, 2025, the committee shall submit to the board for adoption the proposed Alabama Commercial Energy Code. Thereafter, the committee shall review and propose adoption of the code or amendments to the code no less than two years after the date of publication of the most recent version of the code.

(b) The proposed Alabama Commercial Energy Code, and any amendments, changes, editions, or recompilations thereof, shall be based upon the most recent versions of the International Energy Conservation Code (IECC) or the ANSI/ASHRAE/IES Standard 90.1.

(c) The board shall review the proposed Alabama Commercial Energy Code from the committee and publish the final version of the Alabama Commercial Energy Code.
Ala. Code § 34-23-33 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-33
Section 34-23-33 Disciplinary Action -- Grounds; Monetary Penalties
Status: in_force

(a) The board may revoke or suspend a license, permit, certificate, or registration, place on probation, require remediation, or impose monetary penalties in accordance with subsection (b) against any person who holds a license, permit, certificate, or registration issued by the board whenever the board finds by a preponderance of the evidence, or pursuant to a consent decree, that the person has engaged in any of the following:

(1) Obtaining a license, permit, certificate, or registration from the board by fraudulent means.

(2) Violating any law regulating the sale or dispensing of narcotics, exempt narcotics, or drugs bearing the label “caution, federal law prohibits dispensing without prescription,” or similar wording which causes the drugs to be classified as prescription legend drugs.

(3) Conviction of a felony. A copy of the record of the conviction, certified by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

(4) Conviction of any crime or offense that reflects the inability of the practitioner to practice pharmacy with due regard for the health and safety of the patients.

(5) Demonstrated inability to practice pharmacy with reasonable skill and safety to patients by reason of illness, intoxication, misuse of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition. When the issue is whether or not a pharmacist is physically or mentally capable of practicing pharmacy with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the pharmacist is not capable of practicing pharmacy with reasonable skill and safety to patients, the board may require the pharmacist in question to submit to a psychological examination by a psychologist to determine psychological status or a physical examination by a physician, or both, to determine physical condition. The psychologist or physician, or both, shall be designated by the board. The expense of the examination shall be borne by the board. Where the pharmacist raises the issue of mental or physical competence or appeals a decision regarding his or her mental or physical competence, the pharmacist shall be permitted to obtain his or her own evaluation at the pharmacist’s expense. If the objectivity or adequacy of the examination is suspect, the board may complete the examination by the designated practitioners at its own expense. When mental or physical capacity to practice is at issue, every pharmacist licensed to practice pharmacy in the state shall be deemed to have given consent to submit to a mental or physical examination or to any combination of the examinations and to waive all objections to the admissibility of the examination, or to previously adjudicated evidence of mental incompetence.

(6) Gross malpractice or repeated malpractice or gross negligence in the practice of pharmacy.

(7) Violation of any provisions contained in this chapter or a rule of the board.

(8) Employing, assisting, or enabling in any manner any unlicensed person to practice pharmacy.

(9) The suspension, revocation, or probation by another state of a license to practice pharmacy. A certified copy of the record of suspension, revocation, or probation of the state imposing the suspension, revocation, or probation shall be conclusive evidence of the suspension, revocation, or probation. This subdivision does not authorize the board to take any disciplinary action, including imposition of a monetary penalty, against any person that has not been issued a license, permit, certificate, or registration by the board and has not violated any provision of this chapter or rule of the board.

(10) Refusal to appear before the board after having been ordered to do so in writing by the secretary or chair of the board.

(11) Making any fraudulent or untrue statement to the board.

(12) Violation of the code of professional conduct adopted by the board in the rules and regulations of the board.

(b)(1) The board may impose monetary penalties in the form of civil penalties for disciplinary violations and administrative fines for non-disciplinary violations of this chapter and rules of the board, as determined by the board.

(2) The board, by rule, shall adopt monetary penalty schedules that shall include both civil penalties and administrative fines and shall be dollar amount ranges based on the underlying violation. The board shall adopt separate penalty schedules for specific types or categories of persons subject to this chapter, including, but not limited to, separate penalty schedules for chain pharmacies, independent pharmacies, manufacturers, and distributors. No later than the effective date of the certified rule or rules, the board shall publish the penalty schedules on the board’s website. Beginning January 1, 2026, the board may not impose any monetary penalty unless the monetary penalty is covered and addressed by a monetary penalty schedule that has been certified and published on the board’s website.

(3) When determining the amount of a monetary penalty for a specific violation, the board shall consider the level and scope of misconduct, the level of risk to public health and safety, and the compliance history of the violator.
Ala. Code § 34-3-102 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-102
Section 34-3-102 Certificate of Incorporation
Status: in_force

When the application has been made, filed, and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation, under the Great Seal of the State, and shall record the certificate with the application. No fees shall be paid to the Secretary of State for any work in connection with the incorporation of the corporation, which is hereinafter sometimes called “the foundation.”
Ala. Code § 34-27A-14 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-14
Section 34-27A-14 Nonresidents; Consent to Service of Process; Eligibility for Licensure; Temporary Recognition
Status: in_force

(a) Every applicant for licensure under this article, who is not a resident of this state, shall submit with the application an irrevocable consent that service of process to the executive director of the board as provided in Section 34-27A-7(d)(3), if, in an action against the applicant in a court of this state arising out of the applicant’s activities as a licensed real state appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal services upon the applicant.

(b) A nonresident of this state who has complied with subsection (a) of this section may obtain a license as a licensed real estate appraiser by conforming to all of the provisions of this article relating to the classification of real estate appraiser for which the applicant is applying.

(c) The board shall recognize on a temporary basis the certification or license of an appraiser issued by another state if (i) the appraiser’s business is of a temporary nature, and (ii) the appraiser registers with the board.
Ala. Code § 34-27B-2 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-2
Section 34-27B-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) BOARD. The Alabama State Board of Respiratory Therapy.

(2) DIRECT CLINICAL SUPERVISION. A situation where a licensed respiratory therapist or physician is available for the purpose of communication, consultation, and assistance.

(3) HEALTHCARE FACILITY. The definition shall be the same as in Section 22-21-260.

(4) MEDICALLY APPROVED PROTOCOL. A detailed plan for taking specific diagnostic or treatment actions, or both, authorized by the treating physician of the patient, all of which actions shall be:

a. In a hospital or other inpatient health care facility, approved by the supervising physician of the respiratory therapist or in an outpatient treatment setting approved by the supervising physician of the respiratory therapist.

b. Except in cases of medical emergency, instituted following an evaluation of the patient by a physician or otherwise directed by the supervising physician of the respiratory therapist.

c. Consistent with the definition of the scope of practice of respiratory therapy, as established by this chapter.

(5) PHYSICIAN. A person who is a doctor of medicine or a doctor of osteopathy licensed to practice in this state.

(6) RESPIRATORY THERAPIST. A person licensed by the board to administer respiratory therapy and who has the knowledge and skills necessary to administer respiratory therapy, monitor patient responses, modify respiratory therapy based upon patient response, provide information and education to patients about deficiencies or disorders of the cardiopulmonary system, and supervise others in the delivery of appropriate respiratory therapy procedures.

(7) RESPIRATORY THERAPY OR CARE. Therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities of the cardiopulmonary system and associated aspects of other systems’ functions, given by a health care professional under the direction of a physician. The term includes, but is not limited to, the following activities conducted upon written prescription, verbal order, or medically approved protocol:

a. Direct and indirect pulmonary care services that are safe, aseptic, preventive, or restorative to the patient.

b. Direct and indirect respiratory therapy services, including, but not limited to, the administration of pharmacologic, diagnostic, and therapeutic agents related to respiratory therapy procedures necessary to implement a treatment, disease prevention, pulmonary rehabilitative, or diagnostic regimen prescribed by a physician.

c. Observation and monitoring of signs and symptoms, general behavior, and general physical response to respiratory therapy treatment and diagnostic testing and determination of whether such signs, symptoms, reactions, behavior, or general responses exhibit abnormal characteristics and implementation, based on observed abnormalities, of appropriate reporting or referral practices or prescribed and medically approved respiratory therapy protocols or appropriate changes in a treatment regimen, pursuant to a prescription by a physician, or the initiation of emergency procedures.

d. The diagnostic and therapeutic use of any of the following, in accordance with the prescription of a physician:

1. Administration of medical gases, exclusive of general anesthesia.

2. Aerosols.

3. Humidification.

4. Environmental control systems and hyperbaric therapy.

5. Pharmacologic agents related to respiratory therapy procedures.

6. Mechanical or physiological ventilatory support.

7. Bronchopulmonary hygiene.

8. Cardiopulmonary resuscitation.

9. Maintenance of the natural airways.

10. Insertion without cutting tissues and maintenance of artificial airways.

11. Diagnostic and testing techniques required for implementation of respiratory therapy protocols.

12. Collections of specimens of blood and other body fluids including specimens from the respiratory tract.

13. Collection of inspired and expired gas samples.

14. Analysis of blood, gases, and respiratory secretions.

15. Measurements of ventilatory volumes, pressures, and flows.

16. Pulmonary function testing.

17. Hemodynamic and other related physiologic measurements of the cardiopulmonary system.

18. Respiratory telecommunications.

19. Cardiopulmonary disease management.

20. Tobacco cessation.

e. The transcription and implementation of the written and verbal orders of a physician pertaining to the practice of respiratory therapy.

f. Institution of known and medically approved protocols relating to respiratory therapy in emergency situations in the absence of immediate direction by a physician and institution of specific procedures and diagnostic testing related to respiratory therapy as ordered by a physician to assist in diagnosis, monitoring, treatment, and medical research.

g. Delivery of respiratory therapy procedures, instruction, and education of patients in the proper methods of self-care and prevention of cardiopulmonary diseases and other conditions requiring the use of respiratory therapy equipment or techniques.
Ala. Code § 34-12-12 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-12
Section 34-12-12 Violations and Penalties
Status: in_force

(a) Any person who shall practice or offer to practice the profession of forestry in this state without being registered or exempted in accordance with this chapter; or any person who shall use in connection with his or her name or otherwise assume, use, or advertise any title or description tending to convey the impression that he or she is a registered forester, without being registered or exempted in accordance with this chapter; or any person who shall present or attempt to use as his or her own the license of another; or any person who shall give any false or forged evidence of any kind to the board or any member thereof in obtaining a license; or any person who shall attempt to use an expired or revoked license; or any person, firm, partnership, or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000) for each offense. The board, or the person or persons designated by the board to act in its stead, may prefer charges for any of the violations of this chapter in any county in this state in which the violations may have occurred. All duly constituted officers of the law of this state, or any political subdivision thereof, shall enforce this chapter and prosecute any persons, firms, partnerships, or corporations violating the same. The Attorney General of the state and his or her assistants shall act as legal advisers of the board and render legal assistance as may be necessary in carrying out the provisions of this chapter.

(b) All fines collected for the violation of any provisions of this chapter shall be paid over to the secretary of the board to be by him or her delivered to the State Treasurer to be placed in the Professional Foresters Fund in the same manner as funds received for the issuance of licenses.
Ala. Code § 34-4-50 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-50
Section 34-4-50 Appointment; Composition; Powers and Duties; Expenses; Seal; Public Records
Status: in_force

(a) The Governor shall appoint a State Board of Auctioneers to be comprised of seven auctioneer members and one consumer member. All appointments shall be for a term of five years, with each auctioneer member appointed being a resident of a different congressional district and the consumer member being a resident of and appointed from the state at-large. Appointments shall end on the anniversary date of the original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. Each member of the board and his or her successor shall have been a resident of this state for at least five years prior to his or her appointment. Each auctioneer member of the board and his or her successor shall have been a licensed auctioneer in this state for at least five years. In the event a district has no qualified candidate for appointment, the appointment may come from the state at-large. Each member shall hold office until his or her successor is appointed by the Governor. The Governor shall coordinate his or her appointments so that diversity of gender, race, and geographical area is reflective of the makeup of this state.

(b) Each auctioneer member of the board shall be of good moral character and shall have been licensed by the board and actively engaged in the auction business for at least five years prior to the appointment.

(c) On the appointment of a new auctioneer board member, the board, at its next meeting, shall elect one of its members as chair, one member as vice-chair, one member as secretary, and any other officers deemed necessary. The board may do all things necessary and convenient for carrying into effect this chapter. The board may adopt rules not inconsistent with this chapter or other general laws of the state.

(d) Except as otherwise provided in Section 34-4-53, members of the board, board staff, and board attorneys shall receive the same per diem and travel allowance paid to state employees for each day they meet to conduct the official business of the board.

(e) The board may employ an administrator who shall be exempt from the classified service of the state, and other staff members necessary to discharge board duties and administer this chapter. The administrator shall be employed on the basis of his or her education, experience, and skills in administration and management. The board shall determine the duties and fix the compensation of the administrator and other staff members, subject to the general laws of the state.

(f) The board shall provide by rule for the investigation of any auction activity that is being promoted, managed, or supervised by unlicensed individuals in violation of this chapter and may employ an investigator to assist the board in enforcement of the laws, rules, and policies adopted thereunder. The investigator shall be employed on the basis of his or her education, experience, and skills in law enforcement. The board shall determine the duties and fix the compensation of the investigator, subject to the general laws of the state.

(g) The board shall adopt a seal by which the board shall authenticate records and documents. On the seal shall be the words State Board of Auctioneers. Copies of all records and documents in the office of the board that are duly certified and authenticated by the seal of the board shall be received in evidence in all courts equally and with the same effect as the original. All public records kept in the office of the board shall be open to public inspection during reasonable hours.

(h) Each board member shall be accountable to the Governor for the proper performance of his or her duties as a member of the board. The Governor shall investigate any complaints or unfavorable reports concerning the actions of the board and take appropriate action thereon, including removal of any board member for misfeasance, malfeasance, neglect of duty, commission of a felony, incompetence, or permanent inability to perform official duties. A board member may be removed at the request of the board for failing to attend four consecutive, properly noticed meetings.
Ala. Code § 34-24-177 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-177
Section 34-24-177 Nonrenewal Pending Payment of Administrative Fine; Refund
Status: in_force

The board shall not renew the annual certificate of registration as set forth in Section 34-24-123, 34-24-165, or 34-24-176 of any licensee or permit holder against whom an administrative fine has been assessed by the board until the fine is paid in full. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act, the licensee or permit holder shall be entitled to a prompt refund of the amount of the fine, but shall not be entitled to interest thereon. If any order issued by the board or if any agreement between the board and any licensee or permit holder allows for the payment of fines or costs in installments, the licensee or permit holder shall be allowed to renew his or her license or permit provided the payments are current.
Ala. Code § 34-27C-9 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-9
Section 34-27C-9 Certified Trainers
Status: in_force

Any person conducting training of security officers shall be licensed or certified as a certified trainer by the board. Any person seeking licensure or certification as a certified trainer shall pay all fees required by the board and meet all of the following qualifications:

(1) Be 21 years of age or older.

(2) Have a minimum of two years of supervisory experience with a contract security company, a proprietary company, or in federal, state, county, or municipal law enforcement.

(3) Have a minimum of one year of experience in teaching security-related courses or have attended a board approved two-week instructor’s course.

(4) Submit proof of compliance with all instruction and training requirements established by the board.
Ala. Code § 34-23-153 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-153
Section 34-23-153 Use, Maintenance, and Inspection of Compounding Equipment
Status: in_force

Equipment used in the compounding of drug products shall be of appropriate design and capacity, as well as suitably located to facilitate operations for its intended use, cleaning, and maintenance. Compounding equipment shall be of suitable composition so the surfaces that contact components shall not be reactive, additive, or absorptive so as to alter the purity of the product compounded. Equipment and utensils used for compounding shall be cleaned and sanitized prior to use to prevent contamination. Equipment and utensils shall be stored in a manner to protect from contamination. Automated, mechanical, electronic, limited commercial scale manufacturing, or testing equipment and other types of equipment may be used in the compounding of drug products. If such equipment is used, it shall be routinely inspected, calibrated, if necessary, or checked to ensure proper performance. Immediately prior to the initiation of compounding operations, the equipment and utensils shall be inspected by the pharmacist and determined to be suitable for use. When potent or hazardous drugs, such as antibiotics, cytotoxins, and steroid hormones, are involved, appropriate measures shall be utilized in order to prevent cross-contamination and proper disposal procedures shall be followed. Measures shall include either the dedication of equipment for such operations or the meticulous cleaning of equipment prior to its use for the preparation of other drugs.
Ala. Code § 34-13-200 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-200
Section 34-13-200 Prohibited Activities
Status: in_force

No person shall engage in this state in any trade practice which is addressed in the Alabama Deceptive Trade Practices Act, Chapter 19 of Title 8, or as determined pursuant to this chapter to be an unfair method of competition or an unfair or deceptive act or practice.
Ala. Code § 34-41-18 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-18
Section 34-41-18 Illegal Acts
Status: in_force

(a) It is unlawful for any person except a licensed professional geologist or a subordinate under his or her direction, as defined in Section 34-41-7(b)(6); a geologist explicitly exempt from licensing pursuant to Section 34-41-7; and those persons explicitly exempt under Section 34-41-8(b)(1) to prepare any geologic plans, reports, or documents which relate to the public welfare or safeguarding of life, health, property, or the environment.

(b) It is unlawful for any person to publicly practice, offer or attempt to publicly practice geology, use in connection with his or her name or otherwise assume, or advertise any title or description tending to convey the impression that he or she is a licensed professional geologist, unless that person has been duly licensed.

(c) One year after the initial board calls for applications, it shall be unlawful for anyone other than a professional geologist licensed under this chapter to stamp or seal any plans, plats, reports, or other documents with the seal or stamp of a licensed professional geologist, use in any manner the seal or stamp of a licensed professional geologist, or use in any manner the title “licensed professional geologist” unless that person is licensed hereunder or temporarily approved for geologic work as specified under Section 34-41-14.

(d) It is unlawful for any person to affix his or her signature to or to stamp or seal any plans, plats, reports, or other documents as defined by the rules of the board after the license of the person named thereon has expired or has been suspended or revoked.
Ala. Code § 34-14C-2 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-2
Section 34-14C-2 Board of Home Medical Equipment
Status: in_force

(a) The Governor shall appoint a minimum of nine persons to serve on the Board of Home Medical Equipment, such persons to include a majority who are employed in the home medical equipment industry, and at least one person from each of the following categories: A consumer of home medical equipment services, a physician, a representative from the acute-care hospital community, and a representative from the home health agency community. Those persons employed in the home medical equipment industry shall be selected from a list submitted by the Alabama Durable Medical Equipment Association, or its successor. The consumer member shall be selected from a list of names submitted by the Governor’s Office on Disability, or its successor. The physician member shall be selected from a list of names submitted by the Medical Association of Alabama, or its successor. The acute-care hospital community member shall be selected from a list submitted by the Alabama Hospital Association, or its successor. The home health agency community member shall be selected from a list of names submitted by the Home Care Association of Alabama, or its successor. All lists submitted for nominations shall include at least two names for each appointed position to be filled. Board members shall each be citizens of this state and shall have no record of sanctions related to fraud under federal or state law. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(b) The initial members appointed to the board shall serve for terms of three to five years, with one-third of the board being replaced each year, beginning in year four. Thereafter, subsequent appointments shall be for a term of four years. No member shall serve more than two consecutive terms of office. An appointment shall end on October 1, four years from the date of the last term, and each member shall hold office until his or her successor is appointed by the Governor.

(c) Members of the board shall not be entitled to compensation for service, but shall be reimbursed for reasonable travel and meeting expenses, according to a budget developed and approved by the board.

(d) The board shall have the responsibility for creating, establishing, maintaining, and enforcing regulations governing the operation of home medical equipment services providers, including the qualifications of inspectors, the nature of inspections, and the process for appeals.

(e) Whenever a vacancy occurs on the board due to the death or resignation of a currently appointed board member, or other like cause, the vacancy shall be filled by appointment by the Governor for the remainder of the unexpired term of the member, as provided under subsection (b). If a vacancy occurs among those members who are employed in the home medical equipment industry, the appointment shall be made from a list submitted by the Alabama Durable Medical Equipment Association or its successor.

(f) At the request of the board, the Governor may remove a member for failing to attend three consecutive and properly noticed meetings. The Governor may also remove a board member for any of the following reasons:

(1) Misfeasance.

(2) Malfeasance.

(3) Neglect of duty.

(4) Conviction of a felony.

(5) Permanent inability to perform official duties.

(g) The board may hire personnel necessary to carry out the provisions of this chapter. With the exception of the executive director, all personnel shall be subject to the provisions of the state Merit System Act.

(h) The board shall adopt a seal, which shall be affixed to all licenses issued by the board, and shall have all other powers necessary and proper for performing official duties.

(i) The board may establish and charge reasonable fees relating to the administration and enforcement of this chapter including, but not limited to, application, processing, copying, mailing, filing, and other fees as necessary to offset costs.

(j) Absent negligence, recklessness, wantonness, or deliberate misconduct, members of the board are immune from liability for all good faith acts performed in the exercise of their duties as members of the board.
Ala. Code § 34-7B-94 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-94
Section 34-7B-94 Consistent Effect and Conflict with Other State Laws
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 the compact.

(b) Any laws, statutes, rules, or other legal requirements in a member state in conflict with the 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) The purpose of this compact is to facilitate multistate licensure for estheticians. Nothing herein shall subject a member state to any laws, rules, or policies from any other member state beyond the intended purpose of this compact.

(e) Nothing in this compact shall require any member state to adopt additional laws, rules, or policies beyond the intended purpose of this compact.
Ala. Code § 34-29-85 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-85
Section 34-29-85 Status of Persons Holding License on April 30, 1986
Status: in_force

Any person holding a valid license to practice veterinary medicine in Alabama on April 30, 1986, shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he or she complies with this article and the administrative code of the board.
Ala. Code § 34-1-3 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-3
Section 34-1-3 State Board of Public Accountancy. (Amended by Act 2026-16)
Status: in_force

AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) There is created a board of public accountancy in and for the State of Alabama, to be known as the Alabama State Board of Public Accountancy. The board shall consist of seven members appointed by the Governor and confirmed by the Senate. Members of the board shall be citizens of the United States and residents of the state. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Commencing October 1, 2019, six members of the Alabama State Board of Public Accountancy shall be certified public accountants in good standing with the board and one member of the board shall be a public member who is not under the jurisdiction of the board, but shall at the time of his or her appointment be an active and reputable member of the Alabama business community who possesses a knowledge and understanding of financial transactions and financial statements. The persons and their successors shall constitute the Board of Public Accountancy and shall have and exercise all the powers and authority vested by law in the board.

(b) All appointments shall be effective on October 1 for four-year terms, unless an appointment is made for an unexpired term.

(c) The Alabama Society of Certified Public Accountants shall, at least 30 days prior to the beginning of any term or within 30 days after any position on the board becomes vacant, submit to the Governor the names of five persons qualified for membership on the board for the certified public accountant position and public member position to be filled, and the Governor shall appoint one of the five nominees. Upon the failure of the Alabama Society of Certified Public Accountants to submit timely nominations for a position on the Board of Public Accountancy, the Board of Public Accountancy may submit nominations for the position to the Governor, who shall appoint one of the five nominees.

(d) No person who has served two successive complete terms on the board shall be eligible for reappointment until after the lapse of one year. An appointment to fill an unexpired term shall not be considered a complete term. Vacancies occurring during a term shall be filled by appointment for the unexpired term. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and confirmed by the Senate. Within 15 days after their confirmation by the Senate, the members of the board shall take an oath before any person lawfully authorized to administer oaths in this state to faithfully and impartially perform their duties as members of the board, and the same shall be filed with the Secretary of State. The Governor shall remove from the board any accountant-member whose permit to practice has become void, has been revoked, or suspended, or may, after a hearing, remove any member of the board for neglect of duty or just cause.

(e) The board annually shall elect a chair, a vice-chair, and a secretary from its members.

(f) The board may adopt and amend rules pursuant to the Administrative Procedure Act for the orderly conduct of its affairs and for the administration of this chapter.

(g) A majority of the board shall constitute a quorum for the transaction of business.

(h) The board shall have a seal which shall be judicially noticed.

(i) The board shall keep records of its proceedings and of any proceeding in court, civil or criminal, arising out of or founded upon this chapter. Copies of the records certified as correct under the seal of the board shall be admissible in evidence to prove the content of the records.

(j) The board shall maintain an annual register which shall contain the names, arranged alphabetically by classification, of all licensees under this chapter; the names of the members of the board; and all other information deemed proper by the board. The board may charge a fee in an amount set by it for furnishing the annual register to persons who request it.

(k) The board shall employ an executive director who is a certified public accountant in good standing with the board and such other personnel as may be needed, including, but not limited to, certified public accountants in good standing with the board, and shall arrange for such assistance, services, supplies, and equipment as it requires for the performance of its duties. The number of employees, their compensation, and all other expenses of the board shall be paid at such rates and in such amounts as the board shall approve. The executive director and other employees of the board shall not be subject to or governed by the state Merit System law but shall be entitled to all benefits accruing to Merit System employees including, but not limited to, the right to accumulate leave, participate in the Employees’ Retirement System, and participate in the State Employees’ Health Insurance Plan.

(l) The board may adopt and amend rules of professional conduct appropriate to establish and maintain a high standard of integrity in the profession of public accountancy. At least 60 days prior to the adoption of any rule or amendment, the board shall mail copies of the proposed rule or amendment to each holder of a permit issued under Section 34-1-11, with a notice advising him or her of the proposed effective date of the rule or amendment and requesting that he or she submit comments thereon at least 15 days prior to the effective date; the comments shall be advisory only. Failure to receive by mail the rule, amendment, or notice by all permit holders shall not affect the validity of any rule or amendment.

(m) Each member of the board shall be paid the same per diem and travel allowance paid to state employees for each day the member is actively engaged in the official business of the board out of the funds of the board.

(n) Any records, information, or writings obtained or kept by the Board of Public Accountancy in connection with a peer review program which the board is authorized to establish by rule, or obtained or kept by the board in connection with a disciplinary investigation shall be held in confidence. If, pursuant to a disciplinary investigation, probable cause for a hearing is found by the board, records, information, or writings upon which the finding is based shall be available to the licensee under investigation. Records, information, and writings held in confidence shall not be disclosed to any person except to the extent necessary to carry out the purposes of the peer review program, the investigation, or this chapter; pursuant to a court order for the production of evidence or the discovery thereof; or pursuant to litigation involving the Board of Public Accountancy wherein the records, information, or writings are relevant to the issue in litigation. Notwithstanding the foregoing, with respect to peer review programs deemed acceptable to the board which are performed by other organizations, the board shall require that the peer review processes be operated and documents maintained in a manner designed to preserve confidentiality, and that neither the board nor any third party, other than an oversight body, shall have access to documents furnished or generated in the course of the review.
Ala. Code § 34-17A-3 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-3
Section 34-17A-3 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ADVERTISE. The issuing or causing to be distributed any card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on or in any building, radio or television, transmission or broadcast, or advertising by any media or other means designed to secure public attention.

(2) BOARD. The Alabama Board of Examiners in Marriage and Family Therapy.

(3) MARRIAGE AND FAMILY THERAPIST. A person to whom a valid, current license has been issued pursuant to this chapter.

(4) MARRIAGE AND FAMILY THERAPY ASSOCIATE. An individual who has graduated from a program that meets the board course requirements, has completed the required internship, and is continuing training in marriage and family therapy under a board approved supervisory arrangement to complete a minimum two-year postgraduate supervision requirement prior to applying for his or her marriage and family therapist license.

(5) MARRIAGE AND FAMILY THERAPY INTERN. An individual who is training for designation as a marriage and family therapy associate in accordance with board requirements and under a board approved supervisory arrangement.

(6) PERSON. Any individual, firm, corporation, partnership, organization, political body, or other entity.

(7) PERSON IN TRAINING. An individual who is preparing for the practice of marriage and family therapy under qualified supervision in a training institution or facility.

(8) PRACTICE OF MARRIAGE AND FAMILY THERAPY. The process of providing professional marriage and family therapy to individuals, couples, and families, either alone or in a group. The practice of marriage and family therapy utilizes established principles that recognize the interrelated nature of the individual problems and dysfunctions in family members in order to diagnose, assess, and treat mental and emotional disorders within a marriage and family therapy treatment context. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy and psychotherapy, whether the services are offered directly to the general public or through organizations, either public or private, for a fee or other compensation. Marriage and family therapy is a specialized mode of treatment for the purpose of resolving mental and emotional disorders and modifying intrapersonal and interpersonal dysfunctions. The terms “diagnose,” “assess,” and “treat,” as used in this subdivision, when considered in isolation or in conjunction with the rules of the board, shall not be construed to permit the performance of any act which marriage and family therapists are not educated and trained to perform, including, but not limited to, administering and interpreting psychological tests, intellectual, neuropsychological, personality, and projective instruments, admitting persons to hospitals for treatment for the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs, authorizing clinical laboratory procedures or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed pursuant to this chapter to describe or label any test, report, or procedure as “psychological,” or as a “psychological evaluation.” A licensed marriage and family therapist may diagnose and develop treatment plans, but shall not attempt to diagnose, treat, or advise a client with reference to problems or complaints falling outside the boundaries of marriage and family therapy services. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice medicine.

(9) QUALIFIED SUPERVISION. The supervision of clinical services in accordance with standards established by the board. The supervisor shall be recognized by the board as an approved supervisor or other designation indicating an approved supervisory position.

(10) RECOGNIZED EDUCATIONAL INSTITUTION. Any educational institution that grants a bachelor’s, master’s, or doctoral degree and that is recognized by the board and by a regional educational accrediting body or a postgraduate training institute accredited by the Commission on Accreditation for Marriage and Family Therapy Education.

(11) USE A TITLE OR DESCRIPTION. To hold oneself out to the public as having a particular status by means of stating on signs, mailboxes, address plates, stationery announcements, calling cards, or other instruments of professional identification.
Ala. Code § 34-27B-14 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-14
Section 34-27B-14 Sunset Provision
Status: in_force

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2008, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-32-8 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-8
Section 34-32-8 Powers of Board Generally
Status: in_force

The board shall have the following powers:

(1) To adopt and amend all bylaws, rules, and regulations necessary or convenient to administer and carry out the provisions of this chapter and for the conduct of its affairs and functions consistent with the Constitution and laws of this state which may be reasonably necessary for the performance of its duties and the regulation of its proceedings, meetings, records, examinations, and the conduct thereof, and to adopt and promulgate a code of ethics which shall be binding upon all persons registered under or subject to this chapter.

(2) To affix its official seal to each numbered certificate issued.

(3) To hold hearings, administer oaths, take and record testimony, to make findings, orders, and determinations which shall be subject to review by the courts of this state in the manner provided by law from decisions of other boards and commissions. Upon the failure or refusal of any person to comply with any such order of the board, the board may apply to a court of any jurisdiction to enforce compliance with such orders.

(4) To apply, in the name of the state, for relief by injunction, without bond, to enforce the provisions of this chapter or to restrain any violation thereof. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from the continued violation thereof.

(5) The board shall keep a record of its proceedings and of all applications for registration, which record shall show the name, age, and last known address of each applicant, the place of business of such applicant, his or her education, experience, and other qualifications, type of examination required, whether or not a certificate of registration was granted, whether or not the applicant was rejected, the date of the action of the board, and such other information as may be deemed necessary by the board. Such record of the board, or a copy thereof, duly certified by the secretary, under seal, shall be admissible as evidence with the same force and effect as if the original was produced.
Ala. Code § 34-43A-11 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-11
Section 34-43A-11 License Renewal; Reinstatement. (Amended by Act 2026-162)
Status: in_force

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

(a) With the exception of massage therapy schools, which register annually, each license shall be renewed biennially, on or before the anniversary date, by forwarding to the board a renewal application accompanied by the renewal fee. Except as provided in Section 34-43A-5(a)(3), any license not renewed biennially on or before the anniversary date shall expire.

(b) Each licensee, upon application for renewal of a license, shall do both of the following:

(1) Submit evidence of satisfactory completion of the continuing education requirements pursuant to Section 34-43A-19.

(2) Complete a new criminal history background check pursuant to rules adopted by the board. The board may deny the application for renewal of any licensee who refuses to complete a criminal history background check as required by the board.

(c) Licenses are valid for two years from the date of issuance. An individual whose license has expired and who has ceased to practice massage therapy for a period of not longer than five years may have his or her license reinstated upon payment of a reactivation fee, the submission of a renewal application, and evidence satisfactory to the board that the applicant has fulfilled continuing education requirements, completed a criminal history background check as provided in Section 34-43A-13(c), paid the criminal history background check fee, and passed the examination.
Ala. Code § 34-28A-43 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-43
Section 34-28A-43 Adoption of Bylaws and Rules; Seal; Powers of Board as to Witnesses; Institution of Proceedings to Enjoin or Restrain Violations of Chapter and Liability of Board Members Therefor
Status: in_force

(a) The board may adopt all bylaws and rules, not inconsistent with the constitution and laws of this state, reasonably necessary for the proper performance of its duties and the regulations of the proceedings before it.

(b) The board shall adopt and have an official seal.

(c) In carrying into effect this chapter, the board may, under the hand of its chair and the seal of the board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, maps, or documents. Any member of the board may administer oaths of affirmation to witnesses appearing before the board. Witnesses officially called by the board shall receive the same compensation and shall be reimbursed for expenses in the same amount as the members of the board pursuant to Section 34-28A-41. If any person refuses to appear as a witness before the board, to testify, or to produce any books, papers, or documents, the board may present its petition to the Montgomery County Circuit Court, setting forth the facts, and thereupon the court shall, in a proper case, issue a subpoena to the person, requiring his or her attendance before the circuit court and there to testify or to produce those books, papers, and documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpoena or order of the circuit court may be proceeded against in the same manners as for refusal to obey any other subpoena or order of the court.

(d) The board is empowered to apply for relief by injunction, without bond, to restrain any person, partnership, or corporation from the commission of any act which is prohibited by this chapter. Application for an injunction may be made to the Circuit Court of Montgomery County, Alabama, or the circuit court of the county in which it is alleged that the violation is occurring. The members of the board shall not be personally liable for instituting any proceedings.
Ala. Code § 34-18-40 — Alabama Code / Title 34 / Chapter 18 / Section 34-18-40
Section 34-18-40 Composition; Qualifications of Members
Status: in_force

The Board of Medical Technicians Examiners for the State of Alabama shall consist of five members who shall be appointed by the Governor, three of whom shall be medical technicians of not less than five years’ experience, one of whom shall be a physician and one a physician-pathologist.
Ala. Code § 34-28A-6 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-6
Section 34-28A-6 Construction of Chapter
Status: in_force

(a) This chapter shall not be construed to repeal Chapter 14 of this title.

(b) This chapter shall in no way be construed to restrain trade nor to restrict any entrepreneur or the free enterprise system.
Ala. Code § 34-21A-6 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-6
Section 34-21A-6 Funding and Financial Administration of the Board
Status: in_force

(a) There is hereby established a separate special fund in the State Treasury to be known as the “Alabama Onsite Wastewater Board Fund.” All receipts and monies collected under this chapter shall be deposited in the fund and used only to carry out the provisions of this chapter. The fund shall be disbursed only by warrant of the state Comptroller upon the State Treasury upon itemized vouchers approved by the executive director. 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 appropriation bill or other appropriation bills.

(b) Any funds unspent and unencumbered at the end of each fiscal year that exceed 25 percent of the board’s budget for the previous fiscal year shall be transferred to the State General Fund.
Ala. Code § 34-25B-1 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-1
Section 34-25B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Private Investigation Regulatory Act.”
Ala. Code § 34-24-55 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-55
Section 34-24-55 Domestic Remedies and Emergency Services Exempted from Chapter
Status: in_force

Nothing in this chapter shall prohibit the administration of domestic remedies in a family by any member thereof, or prohibit any person from rendering service to a sick or injured person in an emergency.
Ala. Code § 34-27A-62 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-62
Section 34-27A-62 Adjudicatory Proceedings for Violations
Status: in_force

(a) The board shall conduct adjudicatory proceedings for any violation of this article in accordance with the Administrative Procedure Act. Adjudicatory proceedings shall include, but not be limited to, all of the following due process protections:

(1) Before censuring, suspending, or revoking registration under this article, the board shall notify the registrant in writing of any charges at least 20 days before the date set for hearing and shall afford the registrant an opportunity to be heard in person or by counsel.

(2) The written notice shall be served by certified mail, return receipt requested, to the principal contact at the address of the registrant on file with the board.

(3) The hearing on the charges shall be at a time and place prescribed by the board, in accordance with the Administrative Procedure Act.

(4) The hearing may be conducted before a hearing officer designated by the board who shall make findings of fact, conclusions of law, and enter an adjudicatory disposition.

(5) The board shall deliver or mail any findings of fact, conclusions of law, and adjudicatory dispositions to the registrant.

(b) Nothing in this section shall prevent the resolution of a pending matter through an alternative dispute resolution process or informal settlement process adopted by the board.