Ala. Code § 34-26-89 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-89
Section 34-26-89 Establishment of the Psychology Interjurisdictional Compact Commission
Status: in_force

(a) The compact states create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

(1) The commission is a body politic and an instrumentality of the compact states.

(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, Voting, and Meetings.

(1) The commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

a. Executive director, executive secretary, or similar executive;

b. Current member of the state psychology regulatory authority of a compact state; or

c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.

(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

(3) Each commissioner shall be entitled to one vote with regard to the adoption of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.

(4) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-26-90.

(6) The commission may convene in a closed, non-public meeting if the commission must discuss:

a. Non-compliance of a compact state with its obligations under the compact;

b. The employment, compensation, discipline or other personnel matters, practices, or procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation against the commission;

d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;

e. Accusation against any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigatory records compiled for law enforcement purposes;

i. Disclosure of information related to any investigatory reports prepared by, or on behalf of, or for use of, the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or

j. Matters specifically exempted from disclosure by federal and state statute.

(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, any person participating in the meeting, and the reasons for taking the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

(c) The commission, by a majority vote of the commissioners, shall adopt bylaws or rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:

(1) Establishing the fiscal year of the commission;

(2) Providing reasonable standards and procedures:

a. For the establishment and meetings of other committees; and

b. Governing any general or specific delegation of any authority or function of the commission.

(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;

(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission;

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the commission;

(6) Adopting a code of ethics to address permissible and prohibited activities of commission members and employees;

(7) Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations;

(8) The commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the compact states;

(9) The commission shall maintain its financial records in accordance with the bylaws; and

(10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

(d) The commission shall have the following powers:

(1) To adopt uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all compact states.

(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a compact state.

(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same, provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest.

(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed, provided that at all times the commission shall strive to avoid any appearance of impropriety.

(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(9) To establish a budget and make expenditures.

(10) To borrow money.

(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.

(12) To provide and receive information from, and to cooperate with, law enforcement agencies.

(13) To adopt and use an official seal.

(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.

(e) The Executive Board. The elected officers shall serve as the executive board, which shall have the power to act on behalf of the commission according to the terms of this compact.

(1) The executive board shall be comprised of six members:

a. Five voting members who are elected from the current membership of the commission by the commission.

b. One ex officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

(2) The ex officio member must have served as staff or member on a state psychology regulatory authority and be selected by its respective organization.

(3) The commission may remove any member of the executive board as provided in its bylaws.

(4) The executive board shall meet at least annually.

(5) The executive board shall have the following duties and responsibilities:

a. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact states such as annual dues, and any other applicable fees.

b. Ensure compact administration services are appropriately provided, contractual or otherwise.

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the commission.

e. Monitor compact compliance of member states and provide compliance reports to the commission.

f. Establish additional committees as necessary.

g. Other duties as provided in rules or bylaws.

(f) Financing of the commission.

(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3) The commission may levy and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission which shall adopt a rule binding upon all compact states.

(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the compact states, except by and with the authority of the compact state.

(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

(g) Qualified Immunity, Defense, and Indemnification.

(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to, or loss of, property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; nothing herein shall be construed to prohibit that person from retaining his or her own counsel, provided that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing the actual or alleged act, error, or omission occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
Ala. Code § 34-27A-28 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-28
Section 34-27A-28 Sunset Provision
Status: in_force

The Alabama Real Estate Appraisers Board shall be an enumerated board pursuant to Sections 41-20-1 through 41-20-16, and shall be reviewed at the same time as the Alabama Real Estate Commission.
Ala. Code § 34-24-601 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-601
Section 34-24-601 Legislative Findings
Status: in_force

The Legislature finds that the diversion, abuse, and misuse of prescription medications classified as controlled substances under the Alabama Uniform Controlled Substances Act constitute a serious threat to the health, safety, and welfare of the citizens of the State of Alabama. The Legislature further finds that the registration of all physicians providing pain management services, as defined in this article, will assist the Alabama Board of Medical Examiners in preventing the diversion, abuse, and misuse of controlled substances by regulating these registrants. The Legislature further finds that it is in the best interests of the public safety to give the Board of Medical Examiners the authority it needs to suspend the registration of these physicians providing pain management services when the public health, safety, or welfare requires immediate action.
Ala. Code § 34-27A-54 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-54
Section 34-27A-54 Adoption of Rules; Revision of Requirements
Status: in_force

The board may adopt rules not inconsistent with this article which are reasonably necessary to implement, administer, and enforce this article. The requirements for an appraisal management company may be revised as necessary to comply with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. No. 111-203, and regulations issued thereto, or any subsequent amendments or regulations issued thereto. The board may revise any appraisal management company requirements permitted by this section by rule adopted pursuant to the Alabama Administrative Procedure Act.
Ala. Code § 34-39-4 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-4
Section 34-39-4 Representation of Self as Occupational Therapist or Therapy Assistant Without License Prohibited
Status: in_force

(a) No person may present himself or herself as an occupational therapist or an occupational therapy assistant in this state unless he or she is licensed in accordance with this chapter. No firm, partnership, association, or corporation may advertise or otherwise offer to provide or convey the impression that it is providing occupational therapy unless an individual holding a current valid license or limited permit under this chapter is or will at the appropriate time be rendering the occupational therapy services to which reference is made.

(b) It is unlawful for any person not licensed as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use in connection with his or her name or place of business the words “occupational therapist,” “licensed occupational therapist,” “occupational therapy assistant,” “licensed occupational therapy assistant,” or the letters “O.T.,” “L.O.T.,” “O.T.R./L.,” “O.T.A.,” “L.O.T.A.,” “C.O.T.A./L.,” thereby indicating or implying that he or she is qualified to practice in this state as a licensed occupational therapist or a licensed occupational therapy assistant. At the discretion of the licensee, academic credentials including MS, OTR/L to indicate a master’s degree, and OTD to indicate a clinical doctorate, may also be used in conjunction with the licensure acronyms. It is unlawful also for any person not licensed under this chapter to show in any other way, orally, in writing, in print, or by sign, directly or by implication that he or she is engaged in performing occupational therapy services.
Ala. Code § 34-27C-2 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-2
Section 34-27C-2 Creation; Composition; Sunset Provision
Status: in_force

(a) The Alabama Security Regulatory Board is created. Each member of the board shall be a citizen of the United States and a resident of this state, and the appointing authorities shall coordinate their appointments to assure the board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The board shall consist of the following members:

(1) Two members appointed by the Governor. The appointees shall not be qualified to be licensed under this chapter, not be engaged in the rendering of contract security service for a minimum of three years prior to appointment, not be employed by or affiliated with any other member of the board, and shall have served for five or more years in a supervisory position in law enforcement in any municipality, county, state, or district attorney’s office. The members appointed by the Governor shall be selected from a list of names submitted by a recognized security association such as the American Society of Industrial Security (ASIS), the National Association of Security Companies (NASCO), or any state or private security service association that may be organized.

(2) One member appointed by the Lieutenant Governor. The appointee shall represent consumers and shall not be engaged in the rendering of contract security service, and not employed by, related to, or affiliated with any other member of the board or licensee of the board.

(3) One member appointed by the Speaker of the House of Representatives. The appointee shall be from an entity that employs, or has an employer-employee relationship with, a contract security company.

(4) One member appointed by the Attorney General. The appointee shall be selected from a list of names submitted by the Alabama Sheriffs Association.

(b) Unless otherwise provided in subsection (a), board members shall serve three-year terms of office. A vacancy in any board position shall be filled for the duration of the unexpired term in the same manner as the original appointment. Should an appointing authority fail to make an appointment to fill an unexpired or new term within 60 days after receiving notice from the board of the vacancy, the board shall make the appointment of a qualified individual within the appropriate category by majority vote of the board members present. The board shall annually elect a chair from among the membership of the board at its first meeting. The board shall meet on a quarterly basis at a date, time, and place designated by the chair. Actual expenses incurred by board members in the performance of duties on behalf of the board shall be reimbursed from the funds of the board. Decisions of the board shall be determined by a majority vote of the board members present and voting.

(c) The members of the board shall receive up to three hundred dollars ($300) per day, for a maximum of 12 days per year, while performing their official duties, in addition to the same per diem and mileage as provided to state employees.

(d) The board shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2011, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-24-302 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-302
Section 34-24-302 Denial, Suspension, Revocation, Etc., of License; Investigation; Mental, Physical, or Laboratory Examination; Authorization for Release of Information
Status: in_force

(a) The board, within its discretion, may deny the issuance of a license to any person or, after notice and hearing in accordance with board rules, shall, within its discretion, suspend, revoke, restrict, or otherwise discipline the license of a person who shall be found guilty on the basis of substantial evidence of any of the following acts or offenses:

(1) Conviction of a felony.

(2) Conviction of any crime or other offense, felony, or misdemeanor, reflecting on the ability of the individual to render patient care in a safe manner.

(3) Conviction of any violation of state or federal laws relating to controlled substances.

(4) Termination, restriction, suspension, revocation, or curtailment of licensure, registration, or certification as an assistant to physician by another state or other licensing jurisdiction on grounds similar to those stated herein.

(5) The denial of a registration, a certification, or a license to practice as an assistant to physician by another state or other licensing jurisdiction.

(6) Being unable to render patient care with reasonable skill and safety by reason of illness, inebriation, addiction to, or excessive use of alcohol, narcotics, chemicals, drugs, or any other substance, or by reason of a mental or physical condition or disability.

(7) Revocation, termination, suspension, or restriction of hospital privileges.

(8) Knowingly submitting or causing to be submitted any false, fraudulent, deceptive, or misleading information to the board in connection with an application for licensure or registration as an assistant to physician.

(9) That the assistant to physician has represented himself or herself or permitted another to represent him or her as a physician.

(10) That the assistant to physician has performed otherwise than at the direction and under the supervision of a physician approved by the board.

(11) That the assistant to physician has been delegated or has performed or attempted to perform tasks and functions beyond his or her competence.

(12) That the assistant to physician has performed or attempted to perform tasks beyond those authorized in the approved job description.

(13) Practicing or permitting another to practice as an assistant to physician without the required license and registration from the board.

(14) Prescribing by an assistant to physician in violation of statutory authority or board rules or guidelines.

(15) Intentional falsification of a certification of compliance with the continuing medical education requirement for assistants to physicians established in the board rules.

(b) As part of any investigation undertaken by the Board of Medical Examiners regarding the denial, suspension, revocation, restriction, or otherwise disciplining of the license of an assistant to physician, the board may require a criminal history background check of the assistant to physician. In such event, the assistant to physician shall submit a complete set of fingerprints to the Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints by the assistant to physician to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the assistant to physician and are payable directly to the board or its designee. The Board of Medical Examiners shall keep information received pursuant to this section confidential except that such information may be disclosed to the assistant to physician.

(c) When the issue is whether or not an assistant to physician is physically or mentally capable of practicing as an assistant to physician with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the assistant to physician is not capable of practicing as an assistant to physician with reasonable skill and safety to patients, the board may order and direct the assistant to physician in question to submit to a physical, mental, or laboratory examination or any combination of such examinations to be performed by a physician or osteopath designated by the board. The expense of such examination shall be borne by the assistant to physician who is so examined.

(d) Every assistant to physician licensed to practice as an assistant to physician in the State of Alabama who accepts the privilege of practicing as an assistant to physician in the State of Alabama by actually practicing or by the making and filing of an annual registration to practice as an assistant to physician shall be deemed to have given consent to submit to a mental, physical, or laboratory examination or to any combination of such examinations and to waive all objections to the admissibility of the examining physician’s testimony or examination reports on the ground that they constitute privileged doctor-patient communications.

(e) Upon receipt of credible information that an assistant to physician in this state has been evaluated or has received inpatient or outpatient treatment for any physical, psychiatric, or psychological illness or for chemical dependency, drug addiction, or alcohol abuse, the board may order that the assistant to physician execute and deliver to the board an authorization and release form directed to each and every facility or treatment provider authorizing and directing the release to the board of any reports of evaluation, mental or physical, or examination, including psychiatric, psychological, and neuropsychiatric examinations, hospital and treatment provider medical records, reports of laboratory tests for the presence of alcohol or drugs, rehabilitation records, or mental competency evaluations. Any and all expenses incurred in the furnishing of the reports, records, or documents which are the subject of an order issued by the board shall be borne by the assistant to physician who is the subject of the order.

(f) Failure or refusal by the assistant to physician to comply with an order of the board directing the execution and delivery to the board of an authorization and release form as provided in subsection (e) shall constitute grounds for the summary suspension of the assistant to physician’s license to practice as an assistant to physician by the board, which suspension shall continue in effect until such time as the assistant to physician complies with the order of the board or the order is withdrawn by the board. This subsection supersedes any provisions of subsection (d) of Section 41-22-19 of the Alabama Administrative Procedure Act that are in conflict.

(g) All reports, records, and documents released to the board under subsection (e) are declared to be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings, but may be used by the board in the course of its investigation and may be introduced as evidence in administrative hearings conducted by the board.

(h) Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the State Board of Medical Examiners.
Ala. Code § 34-6-7 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-7
Section 34-6-7 Secret Doors, Connections, Etc
Status: in_force

It shall be unlawful for any billiard room to maintain, or permit to be maintained, any open or secret connections, through doors, windows or trapdoors, panels, stairways, or other devices within any place where gambling is conducted or where persons congregate for immoral purposes.
Ala. Code § 34-4-2 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-2
Section 34-4-2 Definitions
Status: in_force

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section:

(1) AUCTIONEER. Any person who has graduated from an accredited auction school and has one year’s experience as an apprentice auctioneer or has two years’ experience as an apprentice auctioneer in bid calling, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving the same, by the means of or process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property or of any other commodity which may lawfully be kept or offered for sale by or at public auction.

(2) BOARD. The State Board of Auctioneers.

(3) APPRENTICE AUCTIONEER. Any person who for compensation or valuable consideration or otherwise is employed, directly or indirectly, by an auctioneer to deal or engage in any activity listed in subdivision (1) of this section.

(4) GOODS. Any chattels, goods, merchandise, real or personal property or commodities of any form or type which may lawfully be kept or offered for sale.

(5) PERSONS. Individuals, associations, partnerships, and corporations, and the word “persons” shall also include the officers, directors, and employees of a corporation.

(6) AUCTION BUSINESS or BUSINESS OF AUCTIONEERING. The performing of any of the acts of an auctioneer or apprentice auctioneer as defined in this section.
Ala. Code § 34-27-39 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-39
Section 34-27-39 Scope and Operation of Teams
Status: in_force

(a) A licensee who acts as a member of a team, or holds himself or herself or to be a member of a team, shall be subject to this section. (b) The leader of any team shall be designated as team leader with the qualifying broker. The qualifying broker may not delegate to the team leader the responsibilities and duties of the qualifying broker. The team leader shall maintain a list of the members of the team and provide the list to the qualifying broker. (c) A team does not require licensure or registration with the commission as a separate business organization. (d) No person shall be a member of more than one team. (e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following: (1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(b) The leader of any team shall be designated as team leader with the qualifying broker. The qualifying broker may not delegate to the team leader the responsibilities and duties of the qualifying broker. The team leader shall maintain a list of the members of the team and provide the list to the qualifying broker. (c) A team does not require licensure or registration with the commission as a separate business organization. (d) No person shall be a member of more than one team. (e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following: (1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(c) A team does not require licensure or registration with the commission as a separate business organization. (d) No person shall be a member of more than one team. (e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following: (1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(d) No person shall be a member of more than one team. (e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following: (1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(e) The commission shall adopt rules addressing what words may or may not be used in a team name and how teams may advertise and market. At a minimum, any licensee who advertises as being part of a team shall do all of the following: (1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(1) Include the name of at least one of the team members in the advertisement. (2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(2) Include the name of the company with whom the licensee is licensed in the advertisement. (3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(3) Include the term “team” or “group” in the team name. (4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.

(4) Receive written authorization from the qualifying broker of the licensee to include the team name in the advertisement.
Ala. Code § 34-5-6 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-6
Section 34-5-6 Barber Colleges - Certification Generally
Status: in_force

As used in this chapter, “barber college” includes a school of barbering, college of barbering, barber school, and any other place or institution for the instruction or training of persons in the practice of barbering.

No person shall operate a barber college unless he or she holds a certificate of registration in good standing therefor issued by the board and unless such certificate is displayed at all times in a conspicuous place on the premises.

The board shall issue a certificate of registration for each college which complies with this chapter and the regulations of the board.

An applicant for a certificate of registration to operate a barber college shall file an application with the board in such form as the board may prescribe, accompanied by the fee required by this chapter. Upon receipt of the application, the board shall require the applicant, if an individual or, if the applicant is a firm, partnership, or corporation, a partner or officer thereof, to appear personally before the board and submit information, in such form as the board may by regulation prescribe, showing:

(1) The location of the proposed college and its physical facilities and equipment;

(2) The proposed maximum number of students to be trained at one time and the number of instructors to be provided;

(3) The nature and terms of the applicant’s right of possession of the proposed premises, whether by lease, ownership, or otherwise;

(4) The financial ability of the applicant to operate the college in accordance with the requirements of this chapter and the regulations of the board; and

(5) Such other information as the board considers necessary.

Prior to the issuance of the certificate, the board or its representative shall inspect the college and shall determine that it complies with this chapter and the regulations of the board. Before making such inspection, the board may require the applicant to furnish such evidence as is necessary to show compliance with any local laws governing the operation of barber colleges in the particular locality in which the college is to be located.
Ala. Code § 34-3-80 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-80
Section 34-3-80 Establishment of Procedural Rules; Procedure Generally
Status: in_force

The Board of Commissioners shall establish rules governing procedure in cases involving alleged professional misconduct of members of the State Bar. The grievance committee of the Alabama State Bar or the Grievance Committee of a circuit, county, or city association, established or approved by the Alabama State Bar or its Board of Commissioners, shall have the power and authority to investigate any alleged professional misconduct of a member of the State Bar, whether or not charge or complaint therefor is made or referred to it, and to report its findings or recommendations to the Board of Commissioners, or to prefer complaint or charge thereon against the accused attorney-at-law before the Board of Commissioners for trial thereof, and to prosecute to decision the complaint or charge before the Board of Commissioners, and the duty is imposed upon the Board of Commissioners of considering such findings or recommendations and of hearing and determining such complaint or charge. Such grievance committee is hereby empowered to take testimony under oath in any such investigation, or the Board of Commissioners or such grievance committee may designate any person as commissioner to take testimony under oath in any such investigation whose compensation for the services so rendered may be fixed and ordered paid by the Board of Commissioners at its discretion. Such Board of Commissioners or any member thereof or such grievance committee or any member thereof shall not be required to give any security for costs and shall not be liable for any costs or damages to the accused attorney incident to such investigation, report, complaint, charge, prosecution, or trial. The Board of Commissioners may appoint counsel to prosecute before it any such complaint or charge so preferred before it against an attorney and may within its discretion fix and order paid reasonable compensation for the services so rendered by such counsel. It shall be the duty of the sheriff of the state or of any lawful officer thereof to serve such writs, subpoenas, or other papers in connection with the investigation, hearing and determining of such complaint or charge as may be placed in his or her hands by the Board of Commissioners or the grievance committee or any person designated hereunder as commissioner to take testimony in such investigation or any counsel appointed by the Board of Commissioners to prosecute before it such complaint or charge or the accused attorney or his or her attorney; such subpoenas, writs, or other papers hereunder may be served by sending copies thereof to the proper parties by registered or certified mail, and the return receipts of such writs, subpoenas, or other papers, signed by the party to be served, shall be construed to be as personal, sufficient, and legal service of all such writs, subpoenas, or other papers.
Ala. Code § 34-20-7 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-7
Section 34-20-7 Board of Examiners of Nursing Home Administrators - Authorization to Receive and Expend Funds; Audit
Status: in_force

The Board of Examiners of Nursing Home Administrators is hereby authorized to receive and expend, in carrying out the purposes of this chapter, all sums paid by applicants and registrants as provided in this chapter, and all sums which might be appropriated for such purposes, and are also authorized to receive and expend any funds available for such purposes from the federal government. An annual financial audit shall be conducted of all receipts and expenditures, and a written report of the audit shall be given to each board member.
Ala. Code § 34-21-43 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-43
Section 34-21-43 Source of Funds
Status: in_force

All expenses in developing and conducting educational programs, seminars, and workshops under this article shall be paid from funds of the Board of Nursing. No expenses shall be borne by the State of Alabama from the General Fund of the state.
Ala. Code § 34-1-16 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-16
Section 34-1-16 Acts Declared Unlawful. (Amended by Act 2026-16)
Status: in_force

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

No person shall assume or use the title or designation “certified public accountant,” the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a certificate as a certified public accountant under Section 34-1-4 and if in public practice, holds a permit issued under Section 34-1-11, which is not revoked or suspended, hereinafter referred to as a live permit, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or the person is practicing pursuant to Section 34-1-7; provided, however:

(1) A foreign accountant who has registered under Section 34-1-5 and who holds a live permit issued under Section 34-1-11 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which the certificate, license, or degree was received.

(2) No firm with an office in this state shall provide attest services or assume or use the title or designation “certified public accountants” or the abbreviation “CPAs” or any other title, designation, words, letters, signs, abbreviation, card, or device tending to indicate that the firm is composed of certified public accountants, unless the firm is registered as a firm of certified public accountants under Section 34-1-6, holds a live permit issued under Section 34-1-11, and all of the offices of the firm in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, and ownership of the firm is in accord with this chapter and rules promulgated by the board.

(3) No person shall assume or use the title or designation “public accountant,” the abbreviation thereof, or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a public accountant, unless the person is registered as a public accountant under Section 34-1-8, holds a live permit issued under Section 34-1-11, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10 or unless the person has received a certificate as a certified public accountant under Section 34-1-4, holds a live permit issued under Section 34-1-11, and all of the offices of the person in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10.

(4) No firm shall provide attest services or assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants, unless the firm is registered as a firm of public accountants under Section 34-1-9, or as a firm of certified public accountants under Section 34-1-5, holds a live permit issued under Section 34-1-11, and all of the offices of the firm in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10.

(5) No person or firm shall assume or use the title or designation “accredited accountant,” “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “AA,” “CA,” “LA,” “RA,” or similar abbreviations likely to be confused with “CPA” or “PA.” The title “enrolled agent” or “EA” may be used by only individuals so designated by the Internal Revenue Service. Notwithstanding the foregoing, any person who holds a live permit issued under Section 34-1-11, and all of whose offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or who is practicing pursuant to Section 34-1-7, may hold himself or herself out to the public as an “accountant” or “auditor.” A foreign accountant registered under Section 34-1-5 who holds a live permit issued under Section 34-1-11 and all of whose offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received the certificate, license, or degree.

(6) No person shall sign or affix his or her name or any trade or assumed name used in the person’s profession or business, with any wording indicating that he or she has expert knowledge in accounting or auditing, to any opinion, report, or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, unless he or she holds a live permit issued under Section 34-1-11, and all of the offices in this state for the practice of public accounting are maintained and registered under Section 34-1-10, or unless the person is practicing pursuant to Section 34-1-7. Notwithstanding the foregoing, this subdivision shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the financial affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization, nor shall this subdivision prohibit any act of a public official or public employee in the performance of their duties.

(7) No person shall sign or affix the name of the firm, with any wording indicating that it is a firm composed of accountants or auditors or persons having expert knowledge in accounting or auditing, to any opinion, report, or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial or attested information or facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, unless the firm holds a live permit issued under Section 34-1-11, and all of its offices in this state for the practice of public accounting are maintained and registered as required under Section 34-1-10, or the person is practicing pursuant to Section 34-1-7.

(8) No person shall assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a firm, in conjunction with the designation “and company” and “and co.” or a similar designation if there is in fact no bona fide firm registered under Section 34-1-6 or Section 34-1-9, unless the person is practicing pursuant to Section 34-1-7. No person holding a certificate or registration or firm holding a permit under this chapter or person practicing pursuant to Section 34-1-7 shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers, or shareholders of the firm, or about any other matter. This section shall not prevent a firm or its successors from continuing to practice under a firm name which consists of or includes the name or names of one or more former owners.

(9) Only licensees holding a valid permit to practice or practicing pursuant to Section 34-1-7 may issue a report on financial statements of any other person, firm, organization, or governmental unit or otherwise offer to render any attest service, as defined herein. This restriction does not prohibit any act of a public official or public employee in the performance of that person’s duties as such; or prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports thereon. This restriction also does not apply to nonlicensees, who may prepare financial statements and issue reports thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).

(10) Licensees and individuals who have practice privileges under Section 34-1-7 performing attest or compilation services must provide those services in accordance with professional standards.

(11) Nonlicensees may not use language in any statement relating to the affairs of a person or entity which is conventionally used by licensees in reports on financial statements or on any attest service as defined in Section 34-1-2. In this regard, the board shall issue, by rule, safe harbor language nonlicensees may use in connection with such financial information. Notwithstanding the foregoing, nonlicensees may use the following disclaimer language in connection with financial statements to not be in violation of this chapter:

“I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).

“I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”

(12) No holder of a certificate issued under Section 34-1-4 or a registration issued under Section 34-1-8, except a person practicing pursuant to Section 34-1-7, shall perform attest services in any firm that does not hold a valid permit to practice issued under Section 34-1-11.

(13) No individual licensee shall issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under Section 34-1-11 unless the report discloses the name of the business through which the individual is issuing the report, and the individual:

a. Signs the compilation report identifying the individual as a certified public accountant or public accountant.

b. Undergoes no less frequently than once every three years, a peer review conducted in such manner as the board shall by rule specify.

(14) Nothing herein shall prohibit a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney’s professional work in the practice of law.
Ala. Code § 34-12-2 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-2
Section 34-12-2 Registration Required; Exceptions
Status: in_force

(a) In order to benefit and protect the public, no person in either public or private capacity shall practice or offer to practice forestry, unless he or she has submitted evidence that he or she is qualified so to practice and is registered by the board as hereinafter provided or unless he or she is specifically exempted from registration under this chapter. It shall be unlawful for any person to practice or offer to practice in this state forestry, as defined by this chapter, or to 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, unless duly registered or exempt from registration under this chapter.

(b) This chapter shall not be construed to prevent or to affect:

(1) The practice of any other legally recognized profession or trade.

(2) The application of forestry principles and procedures on any timberlands, woodlands, or forest in which any person, firm, partnership, or corporation owns an interest; or persons, firms, partnerships, and corporations having the right to manage and administer forestlands in any legal manner.

(3) The work of an employee or a subordinate of any registered forester holding a license under this chapter; provided, that such work is done under the direction, supervision, and responsibility of a person holding a license under this chapter.

(4) The practice of forestry by officers and employees of the United States government on federally owned lands.

(5) The practice of forestry by officers and employees of the State of Alabama on state-owned lands.

(6) Employees of the federal government and educational institutions of the State of Alabama who, in the exercise of their assigned duties, conduct forestry education programs or provide free forestry advice and assistance to timberland owners, or both.
Ala. Code § 34-21-128 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-128
Section 34-21-128 Oversight, Dispute Resolution, Enforcement,etc
Status: in_force

(a) Oversight.

(1) Each party state shall enforce this compact and take any action necessary and appropriate to effectuate the purposes and intent of this compact.

(2) The commission shall receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in a proceeding to the commission shall render the judgment or order void as to the commission, this compact, or promulgated rules.

(b) Default, technical assistance, and termination.

(1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall do all of the following:

a. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission.

b. Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the membership of the defaulting state in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the defaulting state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate membership shall be given by the commission to the governor of the defaulting state and to the executive officer of the licensing board of the defaulting state and each of the party states.

(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The commission may not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state.

(6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of litigation, including reasonable attorneys fees.

(c) Dispute resolution.

(1) Upon request by a party state, the commission shall attempt to resolve disputes related to this compact that arise among party states and between party and nonparty states.

(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(3) In the event the commission cannot resolve disputes among party states arising under this compact:

a. The party states may submit the issues in dispute to an arbitration panel, which shall be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.

b. The decision of a majority of the arbitrators shall be final and binding.

(d) Enforcement.

(1) The commission, in the reasonable exercise of its discretion, shall enforce this compact and any rules adopted pursuant to this compact.

(2) By majority vote of the administrators, the commission may initiate legal action in the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with this compact and rules or bylaws adopted pursuant to this compact. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorneys fees.

(3) The remedies provided in this article shall not be the exclusive remedies of the commission. The commission may pursue other remedies available under federal or state law.
Ala. Code § 34-6-34 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-34
Section 34-6-34 Application to City Clerk
Status: in_force

Before any person, firm, or corporation shall be authorized to conduct a billiard room in any city or town in the State of Alabama, it shall be necessary, in addition to complying with the foregoing provisions of this article, to make application to the city clerk of such city or town for a license, and the application shall certify that application has been made to and a license granted to such applicant by the probate judge of the county in which such city or town is located.
Ala. Code § 34-1A-5 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-5
Section 34-1A-5 Licenses -- Issuance; Fees; Suspension or Revocation; Nonresident License; Display; Written Service Contracts; Confidential Information; Qualifying Agent
Status: in_force

(a) The board shall issue licenses authorized by this chapter to all qualified individuals in accordance with rules aopted by the board.

(b)(1) Effective beginning January 1, 2014, the license fee for a two-year period as set by the board shall not exceed three hundred dollars ($300) for an individual and one thousand five hundred dollars ($1,500) for a business entity.

(2) Effective for the license year beginning January 1, 2014, and thereafter, the board may provide for the licenses to be renewed on a staggered basis as determined by rule of the board and, in order to stagger the license renewals, may issue the license for less than a two-year period. The amount of the license fees provided in subdivision (1) shall be prorated by the board on a monthly basis for the number of months the board issues the licenses in order to convert to any staggered system of renewals.

(c) The license shall not be transferred or assigned and is valid only with respect to the person to whom it is issued.

(d)(1) No license shall be granted if the applicant has had any prior business license revoked for fraud, misrepresentation, or any other act that would constitute a violation of this chapter.

(2)a. An applicant shall not be refused a license solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license is sought. The board may refuse a license if, based on all the information available, including the applicant’s record of prior convictions, the board finds that the applicant is unfit or unsuited to engage in the business.

b. The board may consult with appropriate state or federal law enforcement authorities to verify whether an applicant has a criminal record prior to granting any license and, as an aid to this duty, each applicant may be required to provide his or her fingerprints and complete an affidavit of his or her criminal record, if any, as a part of the application. The board may periodically consult with state and federal law enforcement officials to determine whether current licensees have new criminal convictions. The administrative or management staff of the board may also consult with state or federal law enforcement authorities to determine if a current or potential employee has a criminal conviction. Dissemination of criminal history record information shall be handled in accordance with the rules and procedures of the Alabama State Law Enforcement Agency or the Federal Bureau of Investigation, as applicable.

(e) Any license granted pursuant to this chapter shall be issued for a two-year period, but may be staggered for renewal as otherwise provided. Any license shall expire on a schedule established by rule of the board, unless it is renewed pursuant to rules adopted by the board or unless it is suspended or revoked.

(f) An affirmative vote of a majority of board members shall be required before any action to suspend or revoke a license, to impose a sanction on a licensee, or to levy an administrative fine. A board member shall disqualify himself or herself and withdraw from any case in which he or she cannot accord fair and impartial consideration.

(g) A nonresident of this state may be licensed by meeting one of the following requirements:

(1) Conforming to this chapter and the rules of the board.

(2) Holding a valid license in another state with which reciprocity has been established by the board.

(h) A licensee shall display the license at its normal place of business and in a manner easily readable by the general public.

(i) A notice shall be displayed prominently in the place of business of each licensee regulated pursuant to this chapter containing the name, mailing address, and telephone number of the board, and a statement informing consumers that complaints against licensees may be directed to the board.

(j) An individual, company, corporation, firm, business, or trademarked entity shall be licensed by the name advertised. The license number of a licensee or an Internet address where licensing information can be found shall be displayed in all advertising, including in social media or Internet advertising, or on any vehicle displaying advertising information, as provided by rule of the board.

(k) The board shall prepare information of consumer interest describing the regulatory functions and describing the procedures of the board by which consumer complaints shall be filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies. The board shall provide, upon request, a listing of all licensees. The board may collect a fee for the cost of duplicating and mailing materials.

(l) Each written contract for services in the state of a licensee shall contain the name, mailing address, and telephone number of the board and a statement informing consumers that complaints against licensees may be directed to the board.

(m) Notice of the issuance, revocation, reinstatement, or expiration of every license issued by the board shall be furnished to the sheriff of the county and the chief of police, as appropriate, and the inspection department of the city where the principal place of business of a licensee is located.

(n) Information contained in alarm system records held by the board concerning the location of an alarm system, the name of the occupant residing at the alarm system location, or the type of alarm system used shall be confidential and disclosed only to the board or as otherwise required by law.

(o) A licensee, upon completing an installation, shall provide a paper copy or electronic copy of all contracts to the consumer, or his or her designee.

(p) To be eligible for a qualifying agent license, an individual applicant shall serve in a management and supervisory position with a company for not less than 33 hours per week. A qualifying agent may be subject to disciplinary action for the actions of individuals employed under his or her supervision. With the exception of a company that only performs monitoring work, each licensed company, corporation, firm, and business entity is required to have at least one licensed employee designated as a qualifying agent.
Ala. Code § 34-16-1 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-1
Section 34-16-1 Short Title; Construction
Status: in_force

(a) This chapter shall be known as the “Alabama Licensure for Interpreters and Transliterators Act.”

(b) This chapter shall be liberally construed and implemented to promote the purposes and policies set forth herein.
Ala. Code § 34-26-110 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-110
Section 34-26-110 Effective Date, Withdrawal, and Amendment
Status: in_force

(a) This compact shall come into effect on the date on which the compact statute is enacted into law in the seventh member state. (1) On or after the effective date of this compact indicated above, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute. a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-26-109(b). b. If any member state is later found to be in default, is terminated, or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven. (2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(1) On or after the effective date of this compact indicated above, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute. a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-26-109(b). b. If any member state is later found to be in default, is terminated, or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven. (2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

a. A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in Section 34-26-109(b). b. If any member state is later found to be in default, is terminated, or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven. (2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

b. If any member state is later found to be in default, is terminated, or withdraws from this compact, the commission shall remain in existence and this compact shall remain in effect even if the number of member states should be less than seven. (2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(2) Member states enacting this compact subsequent to the charter member states shall be subject to the process set forth in subdivision (1) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in this compact. (3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of this compact prior to the effective date of this compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

a. Any state that joins this compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state. b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

b. Any member state may withdraw from this compact by enacting a statute repealing the same. (b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(b) A member state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. (c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(c) Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. (d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

(d) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of the notice of withdrawal. (1) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact. (2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

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

(2) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Ala. Code § 34-28A-66 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-66
Section 34-28A-66 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 do either of the following:

(1) Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state.

(2) 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 board 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 of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service laws of the state in which the witnesses or evidence are located.

(b) Only the home state may take adverse action against an audiologist’s or speech-language pathologist’s license issued by the home state.

(c) For 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.

(d) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes his or her primary state of residence 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.

(e) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

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

(g) Joint Investigations.

(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology 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 or individual investigation initiated under this compact.

(h) If adverse action is taken by the home state against an audiologist’s or speech language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states shall be suspended until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech language pathologist’s license shall include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.

(i) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has the privilege to practice of any adverse actions by the home state or remote states.

(j) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
Ala. Code § 34-22-8 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-8
Section 34-22-8 Disciplinary Action; Hearing; Procedures; Appeals; Immunity of Board, Etc., from Suit
Status: in_force

(a) Any person, including a licensed optometrist, may initiate a charge of violation of this chapter or a charge of misconduct by a licensed optometrist by filing with the secretary of the board a written statement under oath of the charge against the accused. If a member of the board files a charge, the member shall not participate in the hearing or disposition of the charge, except to the extent of giving testimony in connection with the charge. The member filing the charge shall not be present during the hearing or deliberation of the charge except to give testimony. A discreet preliminary investigation into the charge shall be made by the board, after which, if the board is reasonably satisfied that the charge is not frivolous, the board shall hear the charge under rules of procedure adopted by the board. A quorum of the board shall be present at all times during the hearing and deliberation and action thereon. A time and place, either within the City of Montgomery, Alabama, or the county in which the accused resides for the hearing of the charge shall be fixed by the board as soon as convenient. A copy of the charge, together with a written notice of the time and place of the hearing, and a copy of the rules of procedure adopted by the board for the hearing shall be served on the accused at least 20 days before the date fixed for the hearing by leaving a copy thereof at his or her last recorded place of residence, by personal service upon the accused, by transmitting a copy to the accused via registered mail or other common carrier approved by the board with return receipt requested to his or her last mailing address of record if a resident of this state, or by electronic mail at his or her last electronic mail address of record with electronic mail delivery receipt. If the accused is not a resident of this state or has departed from this state, notice of the time and place of the hearing shall be published in a newspaper of general circulation in the county where the accused is last known to have resided three weeks prior to the hearing setting out the time and place of the hearing. At least five days before the time of the hearing, the accused shall file with the secretary of the board an answer to the charge together with a list of witnesses which the accused desires to be subpoenaed for the hearing. At the hearing, witnesses may be examined respecting the charge. The board or the accused, or both, may require the attendance of witnesses, the production of books, records, and papers pertinent to the issues, and either or both may require the secretary of the board to issue a subpoena for any witnesses or a subpoena duces tecum to compel the production of any books, records, papers, or documents, which shall be directed to the sheriff of the county where the witness resides or is to be found. The subpoena shall be served and returned in the same manner as subpoenas in civil cases in the circuit court are served and returned. If any person is subpoenaed to appear before the board and fails to obey the subpoena without reasonable cause, or if any witness upon any hearing before the board refuses to be sworn, or to be examined, or to produce a book, record, paper, or document, as ordered by the board, this fact shall be certified by the board to the circuit court or the judge thereof in the county where the witness resides, and the witness shall be ordered and directed by the court to appear before the board and testify or produce such books, papers, records, or documents as are ordered by the board. At the hearing, the accused may cross-examine the witnesses against him or her, produce witnesses in his or her defense, appear personally or by counsel, or both, and have the testimony taken down by a stenographer, but the expense of counsel and stenographer shall be borne by the accused. A majority of the quorum of members of the board conducting the hearings shall render a decision on the merits of the charge and, if warranted by the evidence, impose appropriate sanctions.

(b) In all cases of suspension or revocation of a license or of other disciplinary sanctions imposed by the board, the accused may appeal only to the Circuit Court of Montgomery County, Alabama, notwithstanding any other provision of law to the contrary. Except as otherwise provided in this chapter, judicial review of the orders and decisions of the board shall be governed by the Alabama Administrative Procedure Act, Chapter 22 of Title 41.

(c) Members of the board, and the members of any committee of optometrists impaneled by the board, and any other optometrist and individual making any report, rendering any opinion or service, supplying any evidence or information, or offering any testimony to the board in connection with a disciplinary investigation or proceeding as authorized in this chapter shall be immune from suit for any conduct with respect to the investigation, action, hearing, or proceeding.
Ala. Code § 34-24-361 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-361
Section 34-24-361 Investigations; Reporting Offenses; Proceedings and Actions; Privileged Information
Status: in_force

(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence which appears to show that a physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation, the board may require a criminal history background check of the physician or osteopath. In such event, the physician or osteopath shall submit a complete set of fingerprints to the State Board of Medical Examiners, or any channeler approved by the board. The board, or its channeler, shall submit the fingerprints provided by the physician or osteopath to the Alabama State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the physician or osteopath and are payable directly to the board or its designee. The State Board of Medical Examiners shall keep information received pursuant to this section confidential, except that such information received and relied upon in an investigation by the board may be disclosed to the physician or osteopath.

(2) The board may, within its discretion and for cause, order and direct that a physician or osteopath successfully complete a course or courses of continuing medical education on subjects related to the findings of the investigation of the board. The course or courses of continuing medical education ordered by the board may not exceed 50 credit hours of instruction within the calendar year in which the order is entered. Failure or refusal to comply with the order or directive of the board entered pursuant to this subdivision shall constitute grounds, after notice and a hearing, for the suspension of the license to practice medicine of the physician or osteopath in question by the Medical Licensure Commission which shall continue in effect until such time the physician or osteopath has complied with the order or directive or the board has rescinded or withdrawn the order or directive.

(b) Any physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama shall and is hereby required to, and any other person may, report to the board or the commission any information such physician, osteopath, or other person may have which appears to show that any physician or osteopath holding a certificate of qualification to practice medicine or osteopathy in the State of Alabama may be guilty of any of the acts, offenses, or conditions set out in Section 34-24-360, and any physician, osteopath, or other person who in good faith makes such a report to the board or to the commission shall not be liable to any person for any statement or opinion made in such report.

(c) If in the opinion of the board it appears that such information provided to it under this section may be true, the board may request a formal interview with the physician or osteopath.

(d) If the physician or osteopath invited to a formal interview before the board refuses to appear for such interview, the commission shall have grounds to suspend or revoke the certificate of qualification of such physician or osteopath.

(e) Any proceeding for suspension or revocation of a license to practice medicine or osteopathy in the State of Alabama shall be conducted in accord with the following procedures:

(1) A written administrative complaint signed by any member of the State Board of Medical Examiners, any duly licensed physician or osteopath, the executive officers of the commission, or any other person shall be filed with the Medical Licensure Commission.

(2) The executive officer of the commission shall set a date for the hearing of the administrative complaint, shall notify the physician or osteopath against whom the administrative complaint was filed of the time and place of the hearing, and shall forward to such physician or osteopath a copy of the administrative complaint filed against him or her.

(3) The notice shall be served upon the physician or osteopath against whom the complaint was filed at least 20 days prior to the hearing date.

(4) The notice may be served by any sheriff of the State of Alabama or by any person designated by the executive officer of the commission, and if served by a person designated by the executive officer, the return of service shall be sworn to by that person before some officer authorized to administer oaths.

(5) If the physician or osteopath against whom a complaint has been filed is out of the state, or evades service, or cannot be served in person, then the service shall be made by mailing a copy of the complaint and of the notice to that person at his or her last known post office address in this state, and the return shall show that service has been made in this manner.

(6) The investigation shall be held with as little publicity as practicable, consistent with a fair and impartial hearing.

(7) At the hearing, the physician or osteopath against whom the complaint has been filed shall have the right to be represented by counsel and shall have the right to call any witnesses germane to the issues under consideration.

(8) The administrative complaint may be amended without leave of the commission at any time more than 45 days before the first setting of the case for hearing. Thereafter, the commission may permit the administrative complaint to be amended but no amendments shall be permitted that are not germane to the acts, offenses, or conditions originally charged or that materially alters the nature of any act, offense, or condition charged; provided, however, that amendments to conform to the evidence may be allowed in conformance with Rule 15(b), Alabama Rules of Civil Procedure.

(9) The commission shall have the right to determine all questions as to the sufficiency of the complaint, as to procedure, and as to the admissibility and weight of evidence.

(10) If a person whose qualifications are under consideration absents himself or herself, or does not appear after having been given the required notice, the hearing may proceed in his or her absence.

(f) The commission shall, temporarily, suspend the license of a physician or osteopath without a hearing simultaneously with the institution of proceedings for a hearing provided under this section on the request of the State Board of Medical Examiners if the board finds that evidence in its possession indicates that the physician’s or osteopath’s continuation in practice may constitute an immediate danger to his or her patients or to the public. The commission may meet by telephone conference call to act upon any such request.

(g) A physician or osteopath may surrender his or her certificate of qualification or request in writing to the State Board of Medical Examiners that a restriction be placed upon his or her certificate of qualification to practice medicine or osteopathy. The board may accept a surrender or grant such a request for restriction and shall have the authority, if it deems appropriate, to attach such restrictions to the certificate of qualification of the physician or osteopath to practice medicine or osteopathy within the State of Alabama. Removal of a voluntary restriction on a certificate of qualification shall be done only with the approval of the State Board of Medical Examiners. If the board accepts the surrender of a certificate of qualification, it shall notify the commission and the commission shall withdraw the physician’s or osteopath’s license to practice medicine or osteopathy in the State of Alabama. If the board attaches restrictions to a physician’s or osteopath’s certificate of qualification, it shall notify the commission of the restrictions and the commission shall also place the restrictions on the physician’s or osteopath’s license to practice medicine or osteopathy in the State of Alabama. If the board denies a request by an applicant for reinstatement of his or her certificate of qualification or for removal of a voluntary restriction, the applicant shall have the right of appeal to the commission which has the authority to either affirm the board’s action or order the board to modify its action as the commission deems appropriate. Applications requesting reinstatement of a certificate of qualification filed with the Board of Medical Examiners within 24 months of the effective date of the applicant’s voluntary surrender of the certificate of qualification may be dismissed by the board as prematurely filed. An application as described above which is filed with the board more than 24 months following the effective date of the voluntary surrender may be granted or may be set for a hearing before the board. The hearing shall be conducted as a contested case under the Alabama Administrative Procedure Act. The Board of Medical Examiners shall be without jurisdiction to reinstate the certificate of qualification of a physician or osteopath whose certificate of qualification was voluntarily surrendered while under investigation or during the pendency of the administrative hearing if the application for reinstatement of the certificate of qualification is received by the board more than five years after the effective date of the surrender of the certificate of qualification. In the event the Medical Licensure Commission is without jurisdiction to reinstate a license to practice medicine or osteopathy or the Board of Medical Examiners is without jurisdiction to reinstate the certificate of qualification, any existing, corresponding certificate of qualification of any licensee over whom the commission or board has lost the aforementioned jurisdiction, shall become null and void.

(h) Subsequent to the holding of a hearing and the taking of evidence by the commission as provided for in this section, the commission shall request and consider but not be bound by a recommendation from the State Board of Medical Examiners. After receipt of the board’s recommendation, if the commission finds that a physician or osteopath is guilty of any of the acts, offenses, or conditions enumerated in Section 34-24-360, the commission may take any of the following actions or any combinations of the following actions:

(1) Enter a judgment and impose a penalty.

(2) Suspend imposition of judgment and penalty.

(3) Order that the respondent physician or osteopath pay to the board such costs, fees, and expenses as the commission shall deem appropriate.

(4) Impose judgment and penalty, but suspend enforcement thereof by placing the physician or osteopath on probation, which probation shall be revocable if the commission finds the conditions of the probation order are not followed by the physician or osteopath.

(5) As a condition of probation the commission may require the physician or osteopath to submit to care, counseling, or treatment by physicians designated by the commission. The expense of such care, counseling, or treatment shall be borne by the physician or osteopath on probation.

(6) If a license to practice medicine or osteopathy is suspended, revoked, or a licensee placed on probation, the commission may order, as a condition for lifting the suspension or reinstating the license, or as a condition of probation, that the licensee, at his or her own expense, be evaluated or tested for mental or physical impairment, drug or alcohol impairment, medical competence, sexual misconduct or addiction, or behavioral problems. The results of such evaluation or testing may be considered by the commission in making any further or additional orders or rulings with regard to such physician’s or osteopath’s license.

(7) The commission may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of the protection of the public or for the purpose of the rehabilitation of the probationer or both.

(8) If a license to practice medicine or osteopathy in the State of Alabama is suspended, the holder of the license shall not practice during the term of suspension.

(9) Applications for reinstatement of a license to practice medicine or osteopathy which have been revoked or suspended by the commission and applications for modification or termination of probation or removal or modification of restrictions concerning a license to practice medicine or osteopathy filed with the commission within 24 months from the effective date of the commission’s order may, within the discretion of the commission, be dismissed by the commission as prematurely filed, subject to the right of the applicant to refile the application at a later date. An application as described above which is filed with the commission more than 24 months following the effective date of the commission’s order may be granted, or may be set for a hearing before the commission, and such hearing shall be conducted as a contested case under the Alabama Administrative Procedure Act. The Medical Licensure Commission shall be without jurisdiction to reinstate the license to practice medicine or osteopathy of a physician or osteopath whose license was revoked by the commission or voluntarily surrendered while under investigation or during the pendency of an administrative hearing if the application for reinstatement is received more than five years after the effective date of the revocation or surrender of the license.

(i) Complaints submitted for hearing before the Medical Licensure Commission under this section or before the State Board of Medical Examiners or testimony with respect thereto shall be absolutely privileged and no lawsuit predicated thereon may be instituted. Members of the State Board of Medical Examiners, the Medical Licensure Commission, any agent, employee, consultant, or attorney of the board or the commission, the members of any committee of physicians impaneled by the board or the commission, any person making any report or rendering any opinion or supplying any evidence or information or offering any testimony to the board or to the commission in connection with an investigation or hearing conducted by the board or the commission as authorized in this article shall be immune from suit for any conduct in the course of their official duties with respect to such investigations or hearings.
Ala. Code § 34-9-9 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-9
Section 34-9-9 Exercise of Independent Professional Judgment by Dentists; Prohibited Business Arrangements or Relationships; Penalties
Status: in_force

(a) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 may do any of the following:

(1) Employ a dentist or dental hygienist in the operation of a dental office.

(2) Place in the possession of a dentist, dental hygienist, or other agent such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of such material, equipment, or offices.

(3) Retain the ownership or control of dental equipment, material, or office and make the same available in any manner for the use of a dentist, dental hygienist, or other agent.

(4) The term “person,” as used in this section, shall not in any way pertain to state, county, municipal, or city institutions but shall be deemed to include any individual, firm, partnership, corporation, or other entity not licensed to practice dentistry in the State of Alabama.

(5) Nothing in this subsection shall apply to bona fide sales of dental equipment, material, or office secured by a chattel mortgage or retention title agreement, or to an agreement for the rental of the equipment or office by bona fide lease at a reasonable amount, and under which agreement the licensee under this chapter maintains complete care, custody, and control of the equipment and the practice. Further, nothing in this subsection shall prohibit or restrict persons, firms, or corporations from employing or retaining licensed dentists to furnish dental treatment for their employees or dependents of their employees.

(b) A prohibited business arrangement or relationship as defined in subsection (a) shall not be considered a violation of that subsection if a prohibited arrangement or relationship results from the death of a licensed dentist and is cured within 12 months of the date of the death.

(c) The purpose of this section is to prevent a non-dentist from influencing or otherwise interfering with the exercise of a dentist’s independent professional judgment. In addition to the acts specified in subsection (a), no person, other than a dentist licensed in accordance with this chapter, shall enter into a relationship with a person licensed under this chapter pursuant to which the unlicensed person exercises control over the selection of a course of treatment for a patient, the procedures or materials to be used as a part of such course of treatment, or the manner in which such course of treatment is carried out by the licensee.

(d) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 shall exercise control over any of the following:

(1) The patient records of a dentist.

(2) Policies and decisions relating to pricing, credit, refunds, warranties, and advertising.

(3) Decisions relating to office personnel and hours of practice.

(e) Any licensed or permitted dentist or dental hygienist who enters into any of the arrangements or relationships in violation of subsection (a) or subsection (c) with an unlicensed person as defined above, may be subject to any of the penalties set forth in Section 34-9-18.
Ala. Code § 34-24-170 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-170
Section 34-24-170 Costs and Fines
Status: in_force

The board shall specify in its rules and regulations a schedule of costs or fines, or both, to be imposed upon any person or permit holder who has been found guilty of a violation of Sections 34-24-166 or 34-24-161(f), each not to exceed eight thousand dollars ($8,000) per violation.
Ala. Code § 34-23-132 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-132
Section 34-23-132 Revocation or Suspension of Registration; Probation
Status: in_force

The board shall revoke or suspend the registration of a pharmacy technician or place on probation a pharmacy technician for any of, but not limited to, the following reasons:

(1) Willful violation of any provision of this article or the Alabama Uniform Controlled Substances Act.

(2) Willful violation of any rule or regulation promulgated in accordance with this article or the Alabama Uniform Controlled Substances Act.

(3) Action which threatens the public health, safety, or welfare.

(4) Conviction of a felony or misdemeanor involving moral turpitude.

(5) Conviction of a felony or misdemeanor involving a drug related offense of a legend drug or controlled substance.

(6) Obtaining the pharmacy technician registration by fraudulent means.

(7) Violation of the laws 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.
Ala. Code § 34-15A-7 — Alabama Code / Title 34 / Chapter 15A / Section 34-15A-7
Section 34-15A-7 Interior Designer Fund
Status: reserved

Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
Ala. Code § 34-8A-55 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-55
Section 34-8A-55 Active Duty Military Personnel or Their Spouses
Status: in_force

Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change his or her home state through application for licensure in the new state, or through the process outlined in Section 34-8A-54.
Ala. Code § 34-26-108 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-108
Section 34-26-108 Rulemaking
Status: in_force

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states. (c) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state. (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(b) The commission shall adopt reasonable rules to achieve the intent and purpose of this compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states. (c) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state. (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(c) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state. (d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(d) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws. (e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(e) Prior to adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(1) On the website of the commission or other publicly accessible platform. (2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(2) On the website of each member state licensing authority or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(f) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment; provided, that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(1) Meet an imminent threat to public health, safety, or welfare. (2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(2) Prevent a loss of commission or member state funds. (3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule. (4) Protect public health and safety.

(4) Protect public health and safety.
Ala. Code § 34-20-14 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-14
Section 34-20-14 Disciplinary Proceedings; Administrative Fines
Status: in_force

(a) The board is hereby authorized to discipline its licensees by the adoption and collection of administrative fines, not to exceed $1,000 per violation and is authorized to institute any legal proceedings necessary to effect compliance with this chapter.

(b) The license of any person practicing or offering to practice nursing home administration or the license of a provisional nursing home administrator may be revoked or suspended by the board, or such person may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:

(1) Upon proof that such person has willfully or repeatedly violated any of the provisions of this chapter or the rules enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which he or she is administrator;

(2) Upon proof that such person’s conduct is immoral, unprofessional, or dishonorable;

(3) Upon proof that such person is guilty of fraud or deceit in the practice of nursing home administration or in his or her admission to such practice; or

(4) Upon proof that such person has been convicted in a court of competent jurisdiction, either within or without the state, of a crime involving moral turpitude.

(c) The board shall have the jurisdiction to hear all charges brought under the provisions of this section against any person having been issued a license as a nursing home administrator or having been issued a license as a provisional nursing home administrator; and upon such hearings shall determine the charges upon their merits. If the board determines that disciplinary measure should be taken, the board may revoke his or her license, suspend him or her from practice or reprimand, censure, or otherwise discipline such person.

(d) All proceedings under this section shall be heard by the board with at least two thirds of its members present, and decisions to discipline any licensee shall require a vote of two thirds of the membership of the entire board; provided, that the board may designate three or more of its members to comprise a hearing committee for the purpose of determining whether charges brought justify a hearing by the board, and with the authority to dismiss frivolous or unfounded charges.

(e) At any hearing under this chapter, the person charged shall have the right to appear either personally or by counsel or both to produce witnesses and evidence in his or her own behalf and to cross-examine witnesses. The board or hearing committee shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths, and take testimony concerning all matters within the jurisdiction of the board. The circuit court of the county wherein the hearing is to take place shall have authority, on application of the board, to enforce obedience to the subpoenas and orders of the board concerning such testimony.
Ala. Code § 34-24-543 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-543
Section 34-24-543 Binding Effect of Compact and Other Laws
Status: in_force

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

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

(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Ala. Code § 34-2-31 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-31
Section 34-2-31 Declaration of Policy; Chapter Liberally Construed; Compliance with Chapter Required
Status: in_force

Architects and the practice of architecture are hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the architectural profession merit and receive the confidence of the public and that only qualified architects be permitted to practice architecture in the State of Alabama. All provisions of this chapter relating to the practice of architecture shall be liberally construed to carry out these objects and purposes.

In order to safeguard life, health and property, and to promote the public welfare, no person shall practice architecture in this state, or use the title “architect” or any title, sign, card, or device to indicate that such person is practicing architecture or is an architect unless such person shall thereafter comply with the provisions of this chapter.
Ala. Code § 34-24-380 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-380
Section 34-24-380 Penalties for Violation of Section 20-2-54, Rules, or Regulations
Status: in_force

(a) In addition to any other penalty authorized under Section 20-2-54, the State Board of Medical Examiners, acting in its capacity as a certifying board, may in its discretion assess administrative fines not to exceed ten thousand dollars ($10,000) for each violation of any of the provisions of Section 20-2-54, or any rule or regulation duly promulgated by the board.

(b) In addition to the administrative fine authorized in subsection (a), the board may require a physician or osteopath found to be in violation of Section 20-2-54, to pay the costs, fees, and expenses of the board incurred in connection with any proceedings before the board, including, but not limited to, the actual costs of independent medical review and expert testimony, reasonable and necessary attorney fees and expenses, deposition costs, travel expenses for board staff, charges incurred for obtaining documentary evidence, and such other categories of expenses as may be prescribed in rules published by the board. Payment of any costs, fees, or expenses ordered by the board shall be made and enforced in the same manner as an administrative fine.

(c) Notwithstanding any other provision of law to the contrary, any action commenced for the purpose of seeking judicial review of an order or decision of the State Board of Medical Examiners suspending or revoking a registration as authorized under Section 20-2-54 must be filed, commenced, and maintained in the Alabama Court of Civil Appeals.
Ala. Code § 34-7-46 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-46
Section 34-7-46 Inquiry or Hearing Undertaken or Held by Majority of Board
Status: reserved

Repealed by Act 99-345 p. 478, &sect; 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-30-34 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-34
Section 34-30-34 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed to authorize any individual licensed under this chapter to practice medicine or to describe or label any test, report, or procedure as psychological or as a psychological evaluation.
Ala. Code § 34-14B-9 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-9
Section 34-14B-9 Failure to Be Licensed; Presentation or Filing of False Information
Status: in_force

(a) Any person who undertakes or attempts to undertake the business of home inspection without first having been licensed as required by this chapter, or who knowingly presents or files false information with the Building Commission for the purpose of licensure as a home inspector or knowingly violates the Alabama Home Inspectors Code of Ethics or Alabama Home Inspectors Standards of Practice as promulgated by the Building Commission shall be deemed guilty of a Class A misdemeanor.

(b) A person who has failed to be licensed pursuant to this chapter shall not bring an action to enforce the provisions of any contract to provide home inspections which he or she entered into in violation of this chapter.
Ala. Code § 34-8A-17 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-17
Section 34-8A-17 Injunction, Mandamus, Etc
Status: in_force

When it shall appear to the board that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order hereunder, the board in its discretion and in its own name may bring an action in any court of competent jurisdiction to enjoin such acts or practices, and to enforce compliance with this chapter or any rule or order hereunder, regardless of whether criminal proceedings have been or may be instituted. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.
Ala. Code § 34-3-19 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-19
Section 34-3-19 Any Person May Manage His Own Case
Status: in_force

The provisions of this article shall not be construed to prevent any person from conducting or managing his or her own case in any court in this state.
Ala. Code § 34-24-608 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-608
Section 34-24-608 Investigations
Status: in_force

(a) The board or its agents, on its own motion or in response to a written complaint, may investigate known or suspected violations of this article and may issue subpoenas.

(b) In addition to the powers granted under this article, the board or its agents are further authorized to conduct any investigations pursuant to its authority in Section 34-24-361, including, but not limited to, the conducting of formal interviews with a physician, the filing of a written administrative complaint and the request for the temporary emergency suspension of the license of a physician by the Medical Licensure Commission of Alabama.
Ala. Code § 34-34B-4 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-4
Section 34-34B-4 Compact Privilege
Status: in_force

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

(1) Satisfy one of the following:

a. Hold a valid current registration that gives the applicant the right to use the term “registered dietitian”; or

b. Complete all of the following:

1. An education program which is either:

(i) A master’s degree or doctoral degree that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education, which the compact commission may determine by rule, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the Council on Higher Education Accreditation and the United States Department of Education.

(ii) An academic degree from a college or university in a foreign country equivalent to the degree described in item (i) that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education, which the compact commission may determine by rule.

2. A planned, documented, and supervised practice experience in dietetics that is programmatically accredited by ACEND or any other dietetics accrediting agency recognized by the United States Department of Education which the compact commission may determine by rule and which involves at least 1000 hours of practice experience under the supervision of a registered dietitian or a licensed dietitian.

3. Successful completion of either the Registration Examination for Dietitians administered by CDR or a national credentialing examination for dietitians approved by the compact commission by rule; provided, the completion must be no more than five years prior to the date of the licensee’s application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission.

(2) Hold an unencumbered license in the home state;

(3) Notify the compact commission that the licensee is seeking a compact privilege within one or more remote states;

(4) Pay any applicable fees, including any state fee, for the compact privilege;

(5) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and

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

(b) The compact privilege is valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.

(c) A licensee exercising a compact privilege shall adhere to the laws and rules of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in the remote state.

(d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege is only required to meet any continuing education requirements as required by the home state.
Ala. Code § 34-15-13 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-13
Section 34-15-13 Safe Depository for Valuable Articles - Conditional Liability
Status: in_force

Such hotel as shall maintain a safe depository and display notice as is required by Section 34-15-12 shall, in no event and under no circumstances or conditions, be liable in any amount for any loss, damage, or destruction of the valuables of a guest by theft, burglary, fire, or by any other cause whatsoever, whether or not of a nature enumerated above, if the valuables shall not have been left with the hotel, its clerk or agent for deposit in the safe depository. Whenever the phrase “loss, damage, or destruction by theft or otherwise” is used in this chapter, it shall include any loss, damage, or destruction of the valuables, baggage, or property of a guest, as the case may be, by theft, burglary, fire, or by any other cause whatsoever, whether or not of a nature enumerated above. If a hotel maintains a safe depository and valuables are left by a guest with the hotel, its clerk or agent for deposit in the safe depository, the limit of liability of the hotel for any loss, damage, or destruction of the valuables, by theft or otherwise, shall be $300, regardless of whether or not the hotel shall have displayed notice as required by Section 34-15-12; provided, that upon accepting any such valuables the hotel must furnish to the guest a receipt upon which there shall appear in not less than 10-point type on the face thereof the following words: “The liability for loss, damage, or destruction of valuables, by theft or otherwise, is limited by law to $300 unless otherwise provided by special written contract.” There shall also appear on the receipt in not less than 10-point type and underlined the following words: “If the guest is depositing valuables in the safe depository of the hotel for safekeeping, which valuables exceed in value the sum of $300, the guest may request the hotel to enter into a special written contract, to be supplied by the hotel, whereby the hotel agrees to assume liability for the value of the valuables; provided, however, that in no event and under no circumstances or conditions shall the hotel (1) be liable in excess of the actual value of the valuables regardless of the stated value thereof in the contract; and (2) be required to enter into a contract assuming liability in excess of $5,000 for the loss, damage, or destruction of the valuables, by theft or otherwise, regardless of the stated value or actual value thereof. Such contract must be in writing, signed by the guest and signed on behalf of the hotel by its manager, assistant manager, desk clerk, or other person in charge of or in authority in the hotel.” Failure of the hotel to provide such receipt to any guest who leaves valuables with the hotel for deposit in its safe depository shall remove the $300 limitation of liability provided by this section.
Ala. Code § 34-9-11 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-11
Section 34-9-11 Examination of Applicants; Issuance of Licenses
Status: in_force

When an application and accompanying proof as required under this chapter are found satisfactory, the board shall notify the applicant to appear for examination at a time and place to be fixed by the board, and each applicant shall be examined and graded by number in lieu of name. All examinations provided for in this chapter shall be approved by the board and shall be of the type and character as to test the qualifications of the applicant to practice dentistry. Provided, however, the board may recognize any written parts of an examination given by the Joint Commission on National Dental Examinations in lieu of or subject to the board examinations as the board may approve. Those found qualified by the board, consistent with Section 34-9-10(a), shall be granted a license and a license certificate which shall bear a serial number, the full name of the licensee, the date of issuance, and the seal of the board, and shall be signed by each member of the board.
Ala. Code § 34-24-400 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-400
Section 34-24-400 Identification, Treatment, Etc., of Impaired Physicians; Alabama Physician Wellness Committee; Funding
Status: in_force

It shall be the duty and obligation of the State Board of Medical Examiners to promote the early identification, intervention, treatment, and rehabilitation of physicians and osteopaths licensed to practice medicine in the State of Alabama who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition. For the purposes of this article the term “impaired” shall mean the inability of a physician or osteopath to practice medicine with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition. In order to carry out this obligation the State Board of Medical Examiners is hereby empowered to contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee of physicians to be designated the Alabama Physician Wellness Committee. The committee shall consist of not less than three nor more than 15 physicians or osteopaths licensed to practice medicine in the State of Alabama and selected in a manner prescribed by the board. The Board of Medical Examiners is authorized to expend such funds as are available to it as the board shall deem necessary to adequately provide for the operational expenses of the Alabama Physician Wellness Committee, including but not limited to the actual cost of travel, office overhead and personnel expense, and compensation for the members of the committee and its staff. The funds provided by the board under this section for the purposes stated herein shall not be subject to any provision of law requiring competitive bidding.
Ala. Code § 34-28A-60 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-60
Section 34-28A-60 Purpose
Status: in_force

This article shall be known and may be cited as the Audiology and Speech-Language Pathology Interstate Compact.

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:

(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.

(2) Enhance the states’ ability to protect the public’s health and safety.

(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.

(4) Support spouses of relocating active duty military personnel.

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
Ala. Code § 34-24-312 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-312
Section 34-24-312 State Board of Medical Examiners to Furnish Facilities, Receive Funds, Etc
Status: in_force

All personnel and facilities necessary to administer and enforce this article shall be furnished by the State Board of Medical Examiners. All money, funds, fees, charges, and other receipts provided for in this article shall be paid to the State Board of Medical Examiners and used by the board to carry out the provisions of this article.
Ala. Code § 34-9-46 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-46
Section 34-9-46 Subpoenas and Testimony
Status: in_force

In all matters pending before it, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books, and records, documentary evidence and materials or other evidence. Any person failing or refusing to appear or testify regarding any matter about which he or she may be lawfully questioned or to produce any papers, books, records, documentary evidence, or materials or other evidence in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, may, upon application by the board to any circuit judge of the State of Alabama, be ordered to comply therewith; and, upon failure to comply with the order of the circuit judge, the court may compel obedience by attachment as for contempt as in case of disobedience of a similar order or subpoena issued by the court. The president, in a writing filed with the board, may designate and authorize any member of the board to issue subpoenas, and any board member shall have authority to administer oaths to witnesses, or to take their affirmation. A subpoena or other process of paper may be served upon any person named therein, anywhere within the State of Alabama with the same fees and mileage by any officer authorized to serve subpoenas or such other process or paper in civil actions, in the same manner as is prescribed by law for subpoenas issued out of the circuit courts of this state, the fees and mileage and other costs to be paid as the board directs.
Ala. Code § 34-17A-7 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-7
Section 34-17A-7 Employees; Meetings; Powers
Status: in_force

(a) The board may employ a director, secretary, attorneys, experts, and other employees as it may from time to time find necessary for the proper performance of its duties, and for whom the necessary funds are appropriated.

(b) The board shall elect annually a chair and a vice chair. Each member shall receive the same per diem and travel allowance as state employees for each day of attendance at an official meeting of the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any two members of the board. A majority of the current appointed members of the board shall constitute a quorum.

(c) The board shall examine and pass on the qualifications of all applicants and shall issue a license to each successful applicant attesting to his or her professional qualifications as a marriage and family therapist. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board may authorize expenditures deemed necessary to carry out this chapter from the fees which it collects and other available appropriations, but in no event shall expenditures exceed the revenues of the board during any fiscal year. The board may accept grants from foundations, individuals, and institutions to carry on its function.

(d) By rule, the board shall assess and collect fees as required for the enforcement of this chapter.
Ala. Code § 34-25-36 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-36
Section 34-25-36 Refusal, Suspension, Reprimand, Probation, or Revocation - Surrender of License
Status: in_force

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the board; failure of a licensee to do so shall be a violation of this chapter and, upon conviction, shall be subject to the penalties set forth in this chapter. At any time after the suspension or revocation of any license, the board shall restore it to the former licensee upon the written recommendations of the board.
Ala. Code § 34-22-86 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-86
Section 34-22-86 Penalties
Status: in_force

Any person who violates this article is subject to criminal prosecution for the unlicensed practice of optometry under Section 34-22-6, or other action authorized in this state to prohibit or penalize continued practice without a license under Section 34-22-8.
Ala. Code § 34-24-254 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-254
Section 34-24-254 Salary and Bond of Secretary-Treasurer
Status: reserved

Repealed by Act 2009-715, §2, effective August 1, 2009.
Ala. Code § 34-43A-6 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-6
Section 34-43A-6 Powers and Duties of Board. (Amended by Act 2026-162)
Status: in_force

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

(a) The board shall do all of the following:

(1) Establish qualifications for licensing and issue licenses to successful applicants.

(2) Adopt a seal and affix the seal to all licenses issued by the board.

(3) Create application forms for examination and licensing and assess and collect fees pursuant to this chapter.

(4) Maintain a complete record of all massage therapists and annually prepare a roster of the names and license numbers of those licensees. A copy of the roster shall be provided to any individual upon request and the payment of a fee established by the board in an amount sufficient to cover the costs of publication and distribution.

(5) Provide for the investigation of any individual or entity who is suspected of violating this chapter.

(6) Adopt and revise rules as necessary to implement this chapter pursuant to the Administrative Procedure Act.

(7) Provide a copy of this chapter, upon request, to any licensee or applicant for a license.

(8) By rule, require massage therapists, massage therapy establishments, and massage therapy schools to carry professional and general liability insurance with an “A” rated or better insurance carrier in the amount of at least one million dollars ($1,000,000). Proof of coverage shall be provided to the board upon request.

(9) Perform other functions necessary and proper for the performance of official duties.

(b) The board may do any of the following:

(1) Adopt and from time to time revise rules, not inconsistent with law, as may be necessary to implement this chapter.

(2) Examine, license, and renew the licenses of qualified applicants applying for a license as a massage therapist, massage therapy establishment, or massage therapy instructor.

(3) Conduct investigations, hearings, and proceedings concerning alleged violations of this chapter or rules adopted pursuant to this chapter.

(4) Issue subpoenas, compel the attendance of witnesses, and administer oaths to individuals giving testimony at hearings.

(5) Pursue the prosecution of any individual who violates this chapter and incur necessary related expenses.

(6) Keep a public record of all proceedings.

(7) Prescribe standards and approve curricula for educational programs that prepare individuals for licensing under this chapter.

(8) Provide for surveys and evaluations of educational programs as the board determines necessary.

(9) By rule, establish criteria for certifying massage therapy instructors.

(10) Adopt an annual budget and authorize necessary expenditures from fees and other available appropriations.

(11) Adopt a code of ethics for massage therapists, massage therapy instructors, and massage therapy establishments.

(12) Provide for the inspection of the business premises of any licensee, applicant, or individual or entity advertising, offering to perform, or performing massage therapy in the state during normal business hours.

(13) Establish standards for approved massage therapy schools and a list of approved massage therapy schools.
Ala. Code § 34-19-16 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-16
Section 34-19-16 Where Care May Be Performed; Required Forms an Duties of Licensed Midwife. (Amended by Act 2026-396)
Status: in_force

AMENDED BY ACT 2026-399, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A licensed midwife may provide midwifery care in the setting of the client’s choice, except a hospital.

(b) A licensed midwife shall ensure that the client has signed a midwife disclosure form provided by the board indicating receipt of a written statement that includes all of the following information:

(1) A description of the licensed midwife’s education, training, and experience in midwifery.

(2) Antepartum, intrapartum, and postpartum conditions requiring medical referral, transfer of care, and transport to a hospital.

(3) A plan for medical referral, transfer of care, and transport of the client or newborn or both when indicated by specific antepartum, intrapartum, or postpartum conditions.

(4) Instructions for filing a complaint against a licensed midwife.

(5) A statement that the licensed midwife must comply with the federal Health Insurance Portability and Accountability Act.

(6) The status of a licensed midwife’s professional liability insurance coverage.

(7) References to current evidence regarding the safety of midwifery care in out-of-hospital settings, including a copy of the most recent statement by the American Congress of Obstetricians and Gynecologists on home birth.

(c) A licensed midwife shall ensure that the client has signed an informed consent form provided by the board.

(d) For screening purposes only, a licensed midwife may order routine antepartum and postpartum laboratory analyses to be performed by a licensed laboratory.

(e) After a client has secured the services of a licensed midwife, the licensed midwife shall document an emergency care plan on a form provided by the board.

(f) A licensed midwife shall determine the progress of labor and, when birth is imminent, shall be available until delivery is accomplished.

(g) A licensed midwife shall remain with the client during the postpartal period until the conditions of the client and newborn are stabilized.

(h) A licensed midwife shall instruct the client regarding the requirements of the administration of eye ointment ordered by the Department of Public Health pursuant to Section 22-20-2.

(i) A licensed midwife shall instruct the client regarding the requirements of administration of newborn health screening ordered by the Department of Public Health pursuant to Section 22-20-3.

(j) A licensed midwife shall file a birth certificate for each birth in accordance with the requirements of Section 22-9A-7.

(k) A licensed midwife shall collect clinical data under the Midwives Alliance of North America Statistics Project for each client who initiates care and shall submit a copy of the clinical data collected for each consenting client to the board upon request.

(l) A licensed midwife shall report to the Alabama Department of Public Health pursuant to Chapter 11A, of Title 22, and any other law that requires hospitals or physicians to report to the Alabama Department of Public Health.

(m) A licensed midwife shall provide all information required to be provided to new mothers pursuant to Section 22-20-3.1, and all information required to be provided to new mothers before discharge by hospitals, as defined in Section 22-21-20.

(n) A licensed midwife shall order those tests provided in Section 22-20-3 and any rule adopted by the State Board of Health pursuant to that section relating to the newborn screening program, to all neonates in his or her care.

(o) A licensed midwife may order and administer a urinalysis or blood glucose test as indicated.
Ala. Code § 34-25-27 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-27
Section 34-25-27 Display of License; Signature Thereon
Status: in_force

A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the board members and shall be issued under the seal of the board.
Ala. Code § 34-17-7 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-7
Section 34-17-7 Penalties; Injunctive Relief
Status: in_force

(a) Any individual who, without possessing a valid, unrevoked certificate as provided in this chapter, uses the title or term “landscape architect” in any sign, card, listing, advertisement, or in any other manner implies or indicates that he or she is a landscape architect, as defined in this chapter, shall be guilty of a Class A misdemeanor and, upon conviction thereof, shall be punished as provided by law. All fines collected pursuant to this section shall be remitted by the court or officer collecting them to the State Treasurer and credited to the Landscape Architect’s Fund in the State Treasury.

(b)(1) The board may institute proceedings in a court of law to enjoin any individual or business entity from violating this chapter. The proceedings shall be brought by the board in the circuit court of the city or county in which the alleged violation occurred or in which the defendant resides.

(2) Upon a showing by the board that the individual or business entity has engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the individual or business entity from engaging in the unlawful activity, conduct, practice, or performance of work.

(3) Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000) plus costs, including investigative costs and attorney fees for each offense. A judgment for a civil fine, attorney fees, and costs may be rendered in the same order in which the injunction is made absolute.
Ala. Code § 34-21-126 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-126
Section 34-21-126 Interstate Commission of Nurse Licensure Compact Administrators
Status: in_force

(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators.

(1) The commission is an instrumentality of the party states.

(2) Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings.

(1) Each party state shall have and be limited to one administrator. The head of the state licensing board for each party state, or his or her designee, shall be the administrator of this compact for that state. An administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for the participation of an administrator in meetings by telephone or other means of communication.

(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.

(4) All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 34-21-127.

(5) The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:

a. Noncompliance of a party state with its obligations under this compact.

b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the internal personnel practices and procedures of the commission.

c. Current, threatened, or reasonably anticipated litigation.

d. Negotiation of contracts for the purchase or sale of goods, services, or real estate.

e. Accusing any person of a crime or formally censuring any person.

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

h. Disclosure of investigatory records compiled for law enforcement purposes.

i. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact.

j. Matters specifically exempted from disclosure by federal or state statute.

(6) If a meeting, or portion of a meeting, is closed pursuant to this subsection, the legal counsel of the commission, or his or her designee, shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the administrators or order of a court of competent jurisdiction.

(c) The commission, by a majority vote of the administrators, shall prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact including, but not limited to, all of the following:

(1) Establishing the fiscal year of the commission.

(2) Providing reasonable standards and procedures for all of the following:

a. For the establishment and meetings of other committees.

b. Governing any general or specific delegation of any authority or function of the commission.

(3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of the meetings by interested parties, with enumerated exceptions designed to protect the interest of the public, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting, in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.

(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission.

(5) Providing reasonable standards and procedures for the establishment of personnel policies and programs for the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission.

(6) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.

(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.

(e) The commission shall maintain its financial records in accordance with the bylaws.

(f) The commission shall meet and take such actions as are consistent with this compact and the bylaws.

(g) The commission shall have all of the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states.

(2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations.

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing including, but not limited to, sharing administrative or staff expenses, office space, or other resources.

(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters of the commission.

(7) To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

(8) To lease, purchase, or accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.

(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.

(10) To establish a budget and make expenditures.

(11) To borrow money; provided that the borrowing of money shall not be constituted as a debt of the State of Alabama in violation of Section 213 of the Constitution of Alabama of 1901, as amended by Amendment 26, now appearing as Section 213 of the Constitution of Alabama of 2022.

(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other interested persons.

(13) To provide and receive information from, and to cooperate with, law enforcement agencies.

(14) To adopt and use an official seal.

(15) To perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.

(h) Financing of the commission.

(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall adopt a rule that is binding upon all party states.

(3) The commission may not incur obligations of any kind before securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, the party state.

(4) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

(i) Qualified immunity, defense, and indemnification.

(1) In accordance with Section 36-1-12, the administrators, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability.

(2) The commission shall defend any administrator, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this compact shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from his or her intentional, willful, or wanton misconduct.

(3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.
Ala. Code § 34-13A-7 — Alabama Code / Title 34 / Chapter 13A / Section 34-13A-7
Section 34-13A-7 Powers and Duties of Board
Status: in_force

The board may do all of the following:

(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure.

(2) Consistent with the laws of this state, adopt and revise rules as necessary to conduct its business, carry out its duties, and administer this chapter.

(3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the license of any applicant or genetic counselor, as applicable, pursuant to this chapter and conduct hearings in connection with those actions.

(4) Conduct hearings on complaints concerning violations of this chapter, and any rule adopted pursuant to this chapter, and cause the prosecution and enjoinder of any violation.

(5) Establish licensure, application, examination, certification, and other administrative fees as necessary.

(6) Establish continuing education requirements.

(7) Impose administrative fines, not to exceed one thousand dollars ($1,000) per violation, for a violation of this chapter, a board rule, or a condition of a license.

(8) Accept grants from foundations, individuals, and institutions to further the purposes of the board.

(9) To the extent funding is available, employ a director and additional staff as necessary for the proper performance of the duties of the board.
Ala. Code § 34-13-28 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-28
Section 34-13-28 Annual Report
Status: reserved

Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
Ala. Code § 34-30-109 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-109
Section 34-30-109 Establishment of Social Work Licensure Compact Commission
Status: reserved

(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted this compact known as the Social Work Licensure Compact Commission. The commission is an instrumentality of this compact states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of this compact as set forth in Section 34-30-113.

(b) Membership, voting, and meetings.

(1) Each member state shall have and be limited to one delegate selected by that member state’s licensing authority.

(2) The delegate shall be either:

a. A current member of the licensing authority at the time of appointment, who is a regulated social worker or public member of the licensing authority; or

b. An administrator of the licensing authority or his or her designee.

(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

(4) The commission may recommend removal or suspension of any delegate from office.

(5) A member state’s licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.

(7) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates to meet and vote by telecommunication, video conference, or other means of communication.

(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.

(c) The commission shall have the following powers:

(1) Establish the fiscal year of the commission.

(2) Establish code of conduct and conflict of interest policies.

(3) Establish and amend rules and bylaws.

(4) Maintain its financial records in accordance with the bylaws.

(5) Meet and take action consistent with this compact, the commission’s rules, and the bylaws.

(6) Initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any licensing authority to sue or be sued under applicable law shall not be affected.

(7) Maintain and certify records and information provided to a member state as the authenticated business records of the commission, and designate an agent to do so on behalf of the commission.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel including, but not limited to, employees of a member state.

(10) Conduct an annual financial review.

(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of this compact, and establish the commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(12) Assess and collect fees.

(13) Accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services, and gifts, and receive, utilize, and dispose of the same; provided, that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest in property.

(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.

(16) Establish a budget and make expenditures.

(17) Borrow money.

(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or their designees, consumer representatives, and other interested individuals as may be designated in this compact and the bylaws.

(19) Provide and receive information from, and cooperate with, law enforcement agencies.

(20) Establish and elect an executive committee, including a chair and a vice chair.

(21) Determine whether a state’s adopted language is materially different from the model compact language such that the state does not qualify for participation in this compact.

(22) Perform other functions as may be necessary or appropriate to achieve the purposes of this compact.

(d) The executive committee.

(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties, and responsibilities of the executive committee shall include all of the following:

a. Oversee the day-to-day activities of the administration of this compact, including enforcement and compliance with this compact, its rules and bylaws, and other duties as deemed necessary.

b. Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees, and other fees.

c. Ensure compact administration services are appropriately provided, including by contract.

d. Prepare and recommend the budget.

e. Maintain financial records on behalf of the commission.

f. Monitor compact compliance of member states and provide compliance reports to the commission.

g. Establish additional committees as necessary.

h. Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw.

i. Other duties as provided in the rules or bylaws of the commission.

(2) The executive committee shall be composed of up to 11 members:

a. The chair and vice chair of the commission shall be voting members of the executive committee.

b. The commission shall elect five voting members from the then current membership of the commission.

c. Up to four ex officio, nonvoting members from four recognized national social work organizations as selected by their respective organizations.

(3) The commission may remove any member of the executive committee as provided in the commission’s bylaws.

(4) The executive committee shall meet at least annually.

a. Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting pursuant to subdivision (f)(2).

b. The executive committee shall give seven days’ notice of its meetings, posted on its website and as determined to provide notice to individuals with an interest in the business of the commission.

c. The executive committee may hold a special meeting in accordance with paragraph (f)(1)b.

(e) The commission shall adopt and provide to the member states an annual report.

(f) Meetings of the compact commission.

(1) All meetings of the commission shall be open to the public, except that the commission may meet in a closed, nonpublic meeting as provided in subdivision (2).

a. Public notice for all meetings of the full commission shall be given in the same manner as required for a public hearing under the rulemaking provisions in Section 34-30-111, except that the commission may hold a special meeting as provided in paragraph b.

b. The commission or executive committee may hold a special meeting when the commission or executive committee must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the commission’s website, and by other means as provided in the commission’s rules. The commission’s legal counsel shall certify that the commission’s need to meet qualifies as an emergency.

(2) The commission, the executive committee, or other committees of the commission may convene in a closed, nonpublic meeting for the commission, executive committee, or other committees of the commission to receive legal advice or to discuss any of the following:

a. Noncompliance of a member state with its obligations under this compact.

b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.

c. Current or threatened discipline of a licensee by the commission or by a member state’s licensing authority.

d. Current, threatened, or reasonably anticipated litigation.

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

f. Accusing any individual of a crime or formally censuring any individual.

g. Trade secrets or commercial or financial information that is privileged or confidential.

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

i. Investigative records compiled for law enforcement purposes.

j. Information related to any investigative reports prepared by or on behalf of or for the use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to this compact.

k. Matters specifically exempted from disclosure by federal or member state law.

l. Other matters as adopted by rule by the commission.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and those references shall be recorded in the minutes.

(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.

(g) Financing of the commission.

(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The commission may accept any and all appropriate revenue sources as provided in subdivision (c)(13).

(3) The commission may levy and collect an annual assessment from each member state and impose fees on licensees of member states to whom the commission grants a multistate license to cover the cost of the operations and activities of the commission and commission staff, which must be in a total amount sufficient to cover the annual budget of the commission as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.

(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.

(h) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing in this subdivision shall be construed to protect any individual from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.

(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that nothing herein shall be construed to prohibit that individual from retaining his or her own counsel at his or her own expense; and provided further, that the actual or alleged act, error, or omission did not result from that individual’s intentional, willful, or wanton misconduct.

(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the individual had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that individual.

(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state law.

(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law or rule.

(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
Ala. Code § 34-21-3 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-3
Section 34-21-3 Advisory Councils
Status: in_force

The board shall appoint advisory councils as the board shall, from time to time, deem advisable to represent health disciplines and consumers. Each member of such advisory council appointed by the board shall receive $30 per day for attendance at meetings of such advisory council or for attendance at the board meetings or otherwise engaged under the direction of the board, together with necessary travel and other expenses incurred in the discharge of such duties.
Ala. Code § 34-39-44 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-44
Section 34-39-44 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 § 34-25-35 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-35
Section 34-25-35 Refusal, Suspension, Reprimand, Probation, or Revocation - Judicial Review
Status: in_force

Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within 30 days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Montgomery County, Alabama, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon 10-days’ written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. The board shall be represented in such appeals by the district attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board’s determination:

(1) Is not based upon substantial evidence upon the entire record;

(2) Is arbitrary or capricious;

(3) Is in violation of statutory requirement; or

(4) Was made without affording the licensee or applicant due process of law.