Ala. Code § 34-34B-8 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-8
Section 34-34B-8 Establishment of the Dietitian 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 the compact known as the Dietitian Licensure Compact Commission. The compact commission is an instrumentality of the 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 the compact as set forth in Section 34-34B-12.

(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 the primary administrator of the licensing authority or his or her designee.

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

(4) The compact 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 compact commission within 60 days of the vacancy.

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

(7) Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in-person or by telecommunication, video conference, or other means of communication.

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

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

(1) Establish the fiscal year of the compact 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 and the compact commission’s rules and bylaws.

(6) Initiate and conclude legal proceedings or actions in the name of the compact 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 compact commission, and designate an agent to do so on behalf of the compact 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 the compact, and establish the compact 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 compact commission shall avoid any actual or 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 representatives, consumer representatives, and other interested persons as may be designated in this compact or 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 would not qualify for participation in the 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 compact 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 the compact, including enforcement and compliance with the compact, its rules and bylaws, and other duties as deemed necessary.

b. Recommend to the compact 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 compact commission.

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

g. Establish additional committees as necessary.

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

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

(2) The executive committee shall be composed of nine members:

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

b. Five voting members from the current membership of the compact commission, elected by the compact commission.

c. One ex officio, nonvoting member from a recognized professional association representing dietitians.

d. One ex officio, nonvoting member from a recognized national credentialing organization for dietitians.

(3) The compact commission may remove any member of the executive committee as provided in the compact 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 as provided in subdivision (f)(2).

b. The executive committee shall give 30-days’ notice of its meetings, posted on the website of the compact commission and as determined to provide notice to persons with an interest in the business of the compact commission.

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

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

(f) Meetings of the Compact Commission.

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

a. Public notice for all meetings of the full compact commission shall be given in the same manner as required under the rulemaking provisions in Section 34-34B-10, except that the compact commission may hold a special meeting as provided in paragraph b.

b. The compact commission may hold a special meeting when it must meet to conduct emergency business by giving 24-hours’ notice to all member states, on the compact commission’s website, and other means as provided in the compact commission’s rules. The compact commission’s legal counsel shall certify that the compact commission’s need to meet qualifies as an emergency.

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

a. Noncompliance of a member state with its obligations under the 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 compact 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 use of the compact commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

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

l. Other matters as specified in the rules of the compact 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 such reference shall be recorded in the minutes.

(4) The compact 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 such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.

(g) Financing of the compact commission.

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

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

(3) The compact commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff, which must, in a total amount, be sufficient to cover its annual budget 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 compact commission shall adopt by rule.

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

(5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact 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 compact 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 compact commission.

(h) Qualified immunity, defense, and indemnification.

(1) The members, officers, executive director, employees, and representatives of the compact 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 compact 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 compact commission shall not in any way compromise or limit the immunity granted under this subsection.

(2) The compact commission shall defend any member, officer, executive director, employee, and representative of the compact 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 compact commission employment, duties, or responsibilities, or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties, or responsibilities; provided, that nothing in this subdivision 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 compact commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the compact 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 compact commission employment, duties, or responsibilities, or that such individual had a reasonable basis for believing occurred within the scope of compact 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 in this subsection 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 laws.

(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 compact commission.
Ala. Code § 34-26-92 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-92
Section 34-26-92 Date of Implementation of the Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal, and Amendments
Status: in_force

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

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

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

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

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

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

(e) This compact may be amended by the compact states. No amendment to this compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
Ala. Code § 34-33-2 — Alabama Code / Title 34 / Chapter 33 / Section 34-33-2
Section 34-33-2 Administration of Chapter Vested in State Fire Marshal
Status: in_force

The administration of this chapter is vested in the State Fire Marshal who shall have the power to make rules in relation to weekly fire pump testing and to set or make changes in the amount of the fees charged as necessary for the administration and enforcement of this chapter.
Ala. Code § 34-5-16 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-16
Section 34-5-16 Penalties
Status: in_force

Any person, firm, or corporation who shall engage in any of the practices designated to be within the meaning of this chapter, or act in any capacity wherein a certificate or license is required without a certificate or license provided in this chapter, or shall in any other form or manner violate any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not to exceed $100 or shall be imprisoned for no more than 90 days or both and, if a corporation, shall be punished by a fine of no more than $500. After official notice of such violation, each day of operation or practice constitutes a separate violation.
Ala. Code § 34-7-44 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-44
Section 34-7-44 Records; Register of Applicants
Status: reserved

Repealed by Act 99-345 p. 478, &sect; 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-9-63 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-63
Section 34-9-63 Permit to Use Parenteral Sedation
Status: in_force

(a) The issuance of a permit for general anesthesia shall include the privilege of administering parenteral sedation in accordance with this section. The issuance of a permit for parenteral sedation shall include the privilege of administering intravenous sedation. All current intravenous sedation permit holders are entitled to a parenteral sedation permit subject to the renewal requirements and rules adopted by the board pursuant to this chapter. The term “parenteral sedation” shall not include the use or regulation of nitrous oxide.

(b)(1) No dentist shall use parenteral sedation on an outpatient basis for dental patients unless the dentist possesses a permit of authorization issued by the board. The dentist applying for or holding the permit shall be subject to on-site inspections as provided in paragraph (2)b. of Section 34-9-60.

(2) In order to receive the permit, the dentist shall meet all of the following requirements:

a. Apply on a prescribed application form to the board.

b. Submit a fee.

c. Produce evidence showing that he or she has satisfied each of the following requirements:

1. Received formal training in the use of parenteral sedation from a board approved training program, is competent to handle all emergencies relating to parenteral sedation, and is currently certified in cardiopulmonary resuscitation. The certification of the formal training shall specify the total number of hours, the number of didactic hours, and the number of patient contact hours. The required number of didactic hours and patient contact hours shall be determined by the board.

2. Equipped a proper facility for the administration of parenteral sedation, staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident to the sedation procedure.

(3) Adequacy of the facility and the competency of the sedation team shall be determined by the board.

(4) Prior to the issuance of a permit, the board may require an on-site inspection of the facility, equipment, and personnel to determine if the requirements of this section have been met. This evaluation shall be performed as provided in subsection (c).

(c)(1) Each dentist who is licensed to practice dentistry in the state and who desires to continue to use parenteral sedation shall make application to the board on the prescribed form. If he or she meets the requirements of this section, or currently holds a valid intravenous sedation permit, he or she shall be issued such a permit subject to all renewal and regulatory requirements of Section 34-9-64. If the applicant does not meet the requirements of subdivision(b)(2), or does not currently hold a valid intravenous sedation permit, he or she may be entitled to a parenteral sedation permit if the applicant passes an on-site inspection to the board’s satisfaction. The inspection shall ascertain whether the dentist has a properly equipped facility for the administration of parenteral sedation, staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with incidental procedures, problems, and emergencies.

(2) In conducting the on-site inspection and evaluations required in this subsection, the board shall appoint a team of examiners. The team of examiners shall consist of at least one licensed dentist who holds a parenteral sedation permit and at least two other individuals as prescribed by the board pursuant to its rules.

(d) A dentist using parenteral sedation shall have successfully completed training in Advanced Cardiovascular Life Support (ACLS), and his or her auxiliary personnel shall have successfully completed training in Basic Life Support (BLS).

(e) Each dentist who has not been using parenteral sedation, pending complete processing of an application and a thorough on-site evaluation, may be granted one temporary provisional permit by the board at a time, if the applicant produces evidence that he or she has complied with this section.
Ala. Code § 34-13-30.1 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-30.1
Section 34-13-30.1 (Effective until October 1, 2027) Transfer of Funds. (Amended by Act 2026-590)
Status: reserved

AMENDED BY ACT 2026-590, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Beginning with the 2024 fiscal year, the Department of Insurance may transfer to the board quarterly, for deposit by the board into the Alabama Board of Funeral Services Fund, the total amount of three hundred thousand dollars ($300,000) per fiscal year, to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023 by the board.
Ala. Code § 34-1-14 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-14
Section 34-1-14 Hearings; Judicial Review. (Amended by Act 2026-16)
Status: in_force

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

(a) Commencement of proceeding. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.

(b) Notice; service and contents. A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charges shall be served on the accused not less than 30 days prior to the date of said hearing either personally or by mailing a copy thereof by registered or certified mail to the address of the accused last known to the board.

(c) Failure to appear. If, after having been served with the notice of hearing as provided for herein, the accused fails to appear at said hearing and defend, the board may proceed to hear evidence against him or her and may enter such order as shall be justified by the evidence, which order shall be final unless he or she petitions for a review thereof as provided herein; provided, that within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.

(d) Counsel; witnesses; cross-examination. At any hearing the accused may appear in person or by counsel, produce evidence and witnesses on his or her own behalf, cross-examine witnesses and examine such evidence as may be produced against him or her. A professional association or corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused shall be entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses on his or her behalf.

(e) Subpoenas; testimony; deposition.

(1) 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 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 the case of disobedience of a similar order or subpoena issued by the court. The chairman and the secretary of the board shall have the authority 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 or 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 including witness fees and mileage to be paid as the board directs.

(2) Deposition may be taken within or without the State of Alabama in the manner provided for by the laws of Alabama and the Alabama Rules of Civil Procedure for the taking of depositions in matters pending in the circuit courts of this state. The depositions shall be returnable to the clerk of the circuit court of the county wherein the hearing before the board is pending, and the clerk shall deliver the depositions to the board upon request, and the depositions may be opened or used by the parties to the proceedings the same as is provided for in matters pending before the circuit courts.

The circuit court shall, upon request of any interested party in any proceedings before the board, issue commissions for the taking of depositions in the same manner as is provided by law for the issuance of commissions for the taking of depositions in matters pending before the circuit courts of this state.

(f) Evidence. The board shall not be bound to observe formal rules of pleading or evidence.

(g) Record. A stenographic record of hearings shall be kept and a transcript thereof filed with the board.

(h) Attorney for the board. At all hearings, the Attorney General of this state, or one of his or her assistants designated by him or her, or such other legal counsel as may be employed by the board, shall appear and represent the board and participate in the presentation of any matter before the board.

(i) Decision. Any decision of the board shall be by majority vote thereof.

(j) Review by court.

(1) Anyone adversely affected by any order of the board may obtain a review thereof by filing a written petition for review with the Circuit Court of Montgomery County within 30 days after the entry of the order. The petition shall contain or have attached thereto a true copy of the order complained of and shall state the grounds upon which the review is asked and shall pray that the order of the board be modified or set aside in whole or in part. A copy of such petition shall be forthwith served upon any member of the board, and thereupon the board shall certify and file in the court a copy of its order and a complete transcript of the record upon which the order complained of was entered. The case shall then be tried and heard on the record made before the board, without the introduction of new or additional evidence, but the parties shall be permitted to file briefs. The court may affirm, modify, or set aside the board’s order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the board’s order pending its determination of the case. The court’s decision shall have the force and effect of a judgment.

(2) From the judgment of the circuit court, either the board or the affected party who invoked the review may appeal directly to the Supreme Court of Alabama by taking such appeal within 42 days after the date of the making of and entering of its judgment by the circuit court. The affected party so appealing shall give security for the costs of such appeal to be approved by the register or clerk of the circuit court. No such security shall be required of the board.
Ala. Code § 34-5-8 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; Refusal to Issue or Renew License or Certificate; Appeals
Status: in_force

The board shall have the power to refuse, revoke, and suspend licenses and certificates strictly in accordance with the provisions of this chapter, upon proof of violation of any sections of this chapter. The members of the board shall have the power to administer oaths and shall have the power to require the attendance of witnesses and the production of books, records, and papers as it may desire at any hearing on any matter which the board has the authority to investigate, and for that purpose may require the secretary of the board to issue a subpoena duces tecum to compel the production of any books, records, or papers, directed to the sheriff of the county where such witness resides or may be found, which subpoenas and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in a criminal case is served and returned. The fees and mileage of the sheriff and witnesses shall be the same as allowed in the circuit court of this state. Such fees and mileage shall be paid from the fund of the board on deposit in the treasury for the use of the board in the same manner as other expenses of the board are paid. The board must subpoena all witnesses from whom subpoena is requested by the applicant, licensee, or holder of a certificate; provided, that such request shall be made in writing to the secretary of the board at least 10 days prior to the date set for the hearing. All fees and mileage of the sheriff and witnesses subpoenaed at the request of such applicant, licensee, or holder of a certificate shall be paid by the applicant, licensee, or holder of a certificate, and execution may issue therefor in civil cases in the circuit courts of this state.

The board may refuse to grant or may revoke or suspend any certificate or license issued in any case where the holder of or applicant for such license or certificate shall have been guilty of fraud or dishonest conduct in the taking of the examination herein provided for, or shall be guilty of grossly unprofessional or dishonest conduct, or shall be addicted to the excessive use of intoxicating liquors or to the use of drugs to such an extent as to render him or her unfit to practice in any of the practices or professions set forth in this chapter, or who shall advertise by means of knowingly false or deceptive statements, or who shall fail to display the license or certificate issued to him as provided for in this chapter. The board shall not on any of the grounds in this section stated, refuse to issue or renew any license or certificate nor shall it revoke or suspend any such license or certificate already issued, except after a hearing, of which the applicant or licensee or the holder of the certificate affected shall be given at least 20 days’ notice in writing, specifying the reason or reasons for denying the applicant a license or certificate of registration or, in case of a suspension or revocation, the offense or offenses of which the licensee or the holder of the certificate of registration is charged. Such notice may be served by mailing a copy thereof by registered or certified mail to the last known residence or business address of such applicant, licensee, or holder of a certificate. The hearing on such charges shall be at such time and place as the board may prescribe; provided, that such hearing must be held in the county in which such applicant, licensee, or holder of a certificate has his or her place of business.

Findings made by the board are deemed conclusive, unless within 30 days after notice of the decision of the board has been given an aggrieved party, the aggrieved person shall appeal the finding or ruling to the circuit court of the county of his or her residence, or to the Circuit Court of Montgomery County. In the event of such appeal, the circuit court shall hear the same de novo. Such appeal shall be taken by the filing with the board and the clerk of the circuit court of a petition stating the aggrieved person’s desire to appeal the findings, and the petition shall specify whether the appeal is taken to the circuit court of the county of his or her residence or to the Circuit Court of Montgomery County. Such aggrieved person shall have a right to demand trial by jury by demanding same at the time of the filing with the board of the notice of appeal. The action of the board shall be stayed pending such appeal. The circuit court shall have the right to affirm, reverse, or affirm in part or reverse in part the finding of the board and shall render such final judgment as to the court may seem just and proper.

In the event the decision of the board is affirmed the cost of such appeal shall be taxed against the party taking such appeal. In the event the decision of the board is not affirmed in whole, the court shall in its discretion tax such cost of appeal against the board or against the person taking such appeal or partly against each; and the court in its discretion may award a reasonable attorney fee to the attorney for the party taking such appeal as part of such cost, in the event the decision of the board is not affirmed in whole.
Ala. Code § 34-23-152 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-152
Section 34-23-152 Designation and Maintenance of Compounding Area
Status: in_force

Any pharmacy engaged in compounding shall have a specifically designated and adequate area or space for the orderly compounding of prescriptions. The area used for the compounding of drugs shall be maintained in a good state of repair. The compounding area shall have cleanable surfaces to include walls, ceilings, and floors. Adequate lighting and ventilation shall be provided in all compounding areas. Potable water shall be supplied under continuous positive pressure in a plumbing system free of defects that could contribute contamination to any compounded drug product. Areas used for compounding shall be maintained in a clean and sanitary condition.
Ala. Code § 34-27B-53 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-53
Section 34-27B-53 Compact Privilege
Status: in_force

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

(1) Hold and maintain an active home state license as a respiratory therapist.

(2) Hold and maintain an active credential from the National Board for Respiratory Care, or its successor, that would qualify them for licensure in the remote state in which they are seeking the privilege.

(3) Have not had any adverse action against a license within the previous two years.

(4) Notify the commission that the licensee is seeking the compact privilege within a remote state or states.

(5) Pay any applicable fees, including any state and commission fees and renewal fees, for the compact privilege.

(6) Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege.

(7) Report to the commission any adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

(8) Report to the commission, when applying for a compact privilege, the address of the licensee’s domicile and thereafter promptly report to the commission any change in the address of the licensee’s domicile within 30 days of the effective date of the change in address.

(9) Consent to accept service of process by U.S. mail at the licensee’s domicile on record with the commission with respect to any action brought against the licensee by the commission or a member state, and consent to accept service of a subpoena by U.S. mail at the licensee’s domicile on record with the commission with respect to any action brought or investigation conducted by the commission or a member state.

(b) The compact privilege is valid until the expiration date or revocation of the home state license unless terminated pursuant to adverse action. The licensee must comply with all of the requirements of subsection (a) to maintain the compact privilege in a remote state. If those requirements are met, no adverse actions are taken, and the licensee has paid any applicable compact privilege renewal fees, then the licensee shall maintain the licensee’s compact privilege.

(c) A licensee providing respiratory therapy in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for the type of respiratory therapist license the licensee holds. Such procedures, actions, processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, rules, case law, and other processes available to the state respiratory therapy licensing authority or other government agency.

(d) If a licensee’s compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in that remote state until the compact privilege is no longer limited or restricted by that state.

(e) If a home state license is encumbered, the licensee shall lose the compact privilege in all remote states until both of the following occur:

(1) The home state license is no longer encumbered.

(2) Two years have elapsed from the date on which the license is no longer encumbered due to the adverse action.

(f) Once a licensee with a restricted or limited license meets the requirements of subsection (e), the licensee must also meet the requirements of subsection (a) to obtain a compact privilege in a remote state.
Ala. Code § 34-39-33 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-33
Section 34-39-33 Compact Privilege
Status: in_force

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

(1) Hold a license in the home state;

(2) Have a valid United States Social Security number or National Practitioner Identification number;

(3) Have no encumbrance on any state license;

(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h);

(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and two years have elapsed from the date of such completion;

(6) Notify the commission that the licensee is seeking the compact privilege within a remote state or states;

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

(8) Complete a criminal background check in accordance with Section 34-39-32(a)(5). The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check;

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

(10) Report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

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

(c) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

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

(f) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:

(1) The home state license is no longer encumbered.

(2) Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with subdivision (1).

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

(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until all of the following occur:

(1) The specific period of time for which the compact privilege was removed has ended.

(2) All fines have been paid and all conditions have been met.

(3) Two years have elapsed from the date of completing requirements for subdivision (1) and (2).

(4) The compact privileges are reinstated by the commission, and the compact data system is updated to reflect reinstatement.

(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

(j) Once the requirements of subsection (h) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
Ala. Code § 34-6-14 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-14
Section 34-6-14 Betting at Billiards, Tenpins, Etc
Status: reserved

Repealed by Act 2015-70 effective April 21, 2015.
Ala. Code § 34-15-16 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-16
Section 34-15-16 Failure or Neglect to Provide Sufficient Locks, Etc
Status: in_force

Any proprietor, owner, or manager of any hotel who shall fail or neglect to provide good and sufficient locks, latches, or bolts to all the doors and rooms used by guests or provided for the use of guests or patrons of such hotel whereby the same may be securely fastened from the inside of such room shall, on conviction, be fined not less than $10 nor more than $100.
Ala. Code § 34-40-4 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-4
Section 34-40-4 Unauthorized Use of Title
Status: in_force

No person shall use the title “athletic trainer”, “certified athletic trainer”, or “licensed athletic trainer”, or use the letters “LAT”, “ATC”, or “AT”, or any other facsimile thereof, whether or not compensation is received or expected, unless the person is licensed as an athletic trainer in this state pursuant to this chapter.
Ala. Code § 34-17-27 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-27
Section 34-17-27 Exemptions
Status: in_force

This chapter shall not be construed to require licensing in the following cases:

(1) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who in either event does not assume responsible charge of design or supervision;

(2) The practice of architecture by a duly registered professional architect and the doing of landscape architectural work by a registered architect or by an employee under supervision of a registered architect, when such work is incidental to their practice;

(3) The practice of engineering by a duly registered professional engineer and the doing of landscape architectural work by a registered engineer or by an employee under supervision of a registered engineer, when such work is incidental to their practice;

(4) The practice of surveying by a duly registered professional land surveyor and the doing of landscape architectural work by a registered professional land surveyor or by an employee under supervision of a registered professional land surveyor, when such work is incidental to their practice;

(5) The practice of landscape architecture by employees of the United States government while engaged within this state in the practice of landscape architecture for the government;

(6) The practice of planning as customarily done by regional or urban planners;

(7) The practice of arborists, foresters, gardeners, home builders, and horticulturists; or

(8) The practice of any nurseryman, general or landscape contractor, such practice to include design, planning, location, and arrangements of plantings or other ornamental features.
Ala. Code § 34-24-75.2 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-75.2
Section 34-24-75.2 Practice of Medicine as a Bridge Year Graduate Physician
Status: in_force

(a) The board may develop, implement, and maintain a permit that allows an individual who meets certain criteria and qualifications, as further provided in subsection (c), to practice medicine as a bridge year graduate physician. A permitted bridge year graduate physician shall practice only under the supervision of a licensed physician approved by the board.

(b)(1) The board shall convene a standing working group to consult and assist in the drafting of rules related to the practice of bridge year graduate physicians, consisting of the following:

a. Two members appointed by the Medical Association of the State of Alabama.

b. One member appointed by the Alabama Academy of Family Physicians.

c. One member appointed by the Alabama Chapter of the American Academy of Pediatrics.

d. One member appointed by the Alabama Chapter of the American College of Physicians.

e. One member appointed by the Alabama Primary Health Care Association.

f. One member appointed by the board.

g. The director of a residency program appointed by the Dean of The University of Alabama at Birmingham School of Medicine.

h. The director of a residency program appointed by the Dean of the University of South Alabama College of Medicine.

i. The Director of the Cahaba Medicine Family Residency Program.

(2) Members of the standing working group shall receive, out of the funds of the board, reimbursement for subsistence and travel in accordance with state law for each day actively engaged in official business of the standing working group.

(3) The standing working group may conduct its business in person or by electronic means.

(c) The board shall provide by rule for the criteria for participation in the bridge year graduate physician program which, at a minimum, shall require the individual seeking a permit to meet the following qualifications:

(1) Is a graduate of a medical educational institution as set forth in Section 34-24-70(a)(1).

(2) Has applied, but was not accepted into, a postgraduate or residency training program, as set forth in Section 34-24-70(a)(2), for the first year following medical school graduation. The board may establish a process for otherwise qualified applicants to petition the board to waive this requirement.

(3) Has submitted to the board an application on a form approved by the board.

(4) Has paid to the board in advance the required application fee in an amount established by board rule. This fee is nonrefundable once payment is received by the board.

(d) In addition to the qualifications described in subsection (c), and for the purposes of determining an applicant’s suitability to obtain a permit to practice as a bridge year graduate physician in this state, each applicant shall submit to a criminal history background check. Each applicant shall submit a complete set of fingerprints, either inked cards or electronically, properly executed by a law enforcement agency or an individual properly trained in fingerprinting techniques to the board. The board shall submit the fingerprints provided to the State Bureau of Investigation (SBI). The fingerprints shall be forwarded by the SBI to the Federal Bureau of Investigation for a national criminal history record check. The applicant shall pay directly to the board, or its designee, all costs associated with the background check required by this section. The board shall keep information received pursuant to this subsection confidential, except that such information received and relied upon in denying the issuance of a permit to practice as a bridge year graduate physician in this state may be disclosed as may be necessary to support the denial.

(e) Upon the filing of an application in the proper form, if the board is satisfied that all requirements of the law have been met and that the application should be approved in the interest of public welfare, the board shall issue to the applicant a permit to practice as a bridge year graduate physician. The permit shall be of a size and design to be determined by the board. Every permit issued by the board shall be dated, shall be numbered in the order of issuance, and shall be signed by the chair of the board or the chair’s designee.

(f) A permit issued pursuant to this section shall be valid for one year and may be renewed, upon application and payment of a renewal fee, as determined by the board, by rule, for no more than one additional one-year period.

(g) The board may adopt rules further setting forth the qualifications of a physician eligible to supervise a bridge year graduate physician and for the level of supervisory oversight required, which, at a minimum, shall include on-site physician supervision.

(h)(1) An individual holding a permit to practice as a bridge year graduate physician may prescribe, dispense, or administer legend drugs to patients, subject to both of the following conditions:

a. The drug shall be on the formulary approved under the guidelines of the board.

b. The drug is administered or issued pursuant to a job description approved by the board and signed by the bridge year graduate physician’s supervising physician.

(2) Permitted bridge year graduate physicians may administer any legend drug that they are authorized to prescribe under this subsection. A bridge year graduate physician may not initiate a call-in prescription in the name of his or her supervising physician for any drug, whether legend drug or controlled substance, which the bridge year graduate physician is not authorized to prescribe under the job description signed by his or her supervising physician and approved under this subsection, unless the drug is specifically ordered for the patient by the supervising physician, either in writing or by a verbal order which has been reduced to writing and which has been signed by the supervising physician within a time specified in the guidelines of the board.

(i) The board may deny, suspend, terminate, or revoke a bridge year graduate physician permit for any reason provided by law or board rule for the termination of licenses, permits, registrations, or certificates issued by the board or the Medical Licensure Commission, including, but not limited to, a violation of this section or the rules adopted by the board pursuant to this section.

(j) At the end of the bridge year, the physician supervising a bridge year graduate physician, in a manner prescribed by the board, shall submit a report to the board indicating the scope and breadth of the practice of the participating bridge year graduate physician and the instruction and training given to the bridge year graduate physician. The supervising physician’s report shall contain a statement as to whether or not the bridge year graduate physician would be recommended for a residency position upon reapplication.

(k) A permit issued in accordance with this section shall not confer any future right to licensure to practice medicine in this state.

(l) The board may adopt rules regulating the permitting and practice of bridge year graduate physicians in this state, even if the rules displace competition.
Ala. Code § 34-9-13 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-13
Section 34-9-13 License and Registration Certificates to Be Kept in Office of Practitioner
Status: in_force

Every practitioner of dentistry and dental hygiene within the meaning of this chapter shall have in his or her possession and posted in a visible location a license certificate and an annual registration certificate in the office wherein he or she practices. A licensed practitioner who practices in more than one location may reproduce the annual registration certificate as needed; however, the practitioner may not reproduce the license certificate. Copies of the license certificate may be requested by the practitioner from the board as necessary.
Ala. Code § 34-23-71 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-71
Section 34-23-71 Requirements for Prescription Rooms
Status: in_force

Any new pharmacy or any existing pharmacy which is to be remodeled or which is to be moved to a new location other than a hospital pharmacy must comply with the following requirements for the prescription room area: That portion or part of the entire licensed pharmacy which is to be occupied by the prescription compounding or dispensing department, including that portion or part thereof utilized for the sale of restricted drugs, shall be not less than 240 square feet. The surface of the prescription compounding counter shall be not less than 24 inches in width and not less than 16 square feet of unobstructed working space for one pharmacist and not less than 24 square feet of total working space where two or more pharmacists are to be on duty at any one time. The aisle space or floor area to be occupied by a dispensing pharmacist shall extend the full length of the prescription compounding counter, and it shall be clear and unobstructed for a minimum distance of 36 inches from the working side of the prescription compounding counter.
Ala. Code § 34-14B-4 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-4
Section 34-14B-4 Certificate of Licensure
Status: in_force

(a) The certificate of licensure shall be initially issued only to properly qualified home inspectors for a period commencing on the date of issue and expiring on December 31. Certificates of licensure shall be renewed for a term of one year beginning on January 1 of the year in which renewed and expiring on December 31 of that year. Certificates of licensure shall be renewed on or before 60 days prior to the expiration date. The Building Commission shall issue certificates of licensure to applicants upon applicants’ compliance with the licensure requirements of this chapter, and records of certificates and any renewals thereof shall be filed in the office of the Building Commission and be available to the public.

(b) The Building Commission may adopt administrative rules and procedures for the purpose of revoking or suspending a certificate of licensure upon a finding by the Building Commission that the licensed home inspector has either provided false information in an application or has violated the Standards of Practice or Code of Ethics promulgated by the Building Commission. The Building Commission may also impose fines for violations of this chapter. Administrative hearings held for the purpose of revoking a certificate of licensure may proceed where initiated by an aggrieved party to a transaction involving a licensed home inspector or by the Attorney General or at the initiation of the Building Commission. All proceedings for the revocation or suspension of the license of a home inspector shall otherwise proceed in accordance with the Alabama Administrative Procedure Act.
Ala. Code § 34-43A-14 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-14
Section 34-43A-14 (Amended by Act 2026-162) Use of Words Massage or Bodywork or Other Advertising Descriptions by Unlicensed Individuals
Status: in_force

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

(a) An individual or entity who does not hold a license as a massage therapist, physical therapist, chiropractor, or athletic trainer, or a license for a massage therapy establishment, shall not use the words “massage” or “bodywork” on any sign or other form of advertising describing services performed by the individual or within the establishment.

(b) Any advertisement by a massage therapist or massage therapy establishment shall contain the license number of the massage therapist or massage therapy establishment.
Ala. Code § 34-16-12 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-12
Section 34-16-12 Rules and Regulations
Status: in_force

The board may promulgate rules and regulations necessary to implement this chapter and accomplish its objectives. The rules and regulations shall be published in the Standards of Professional Practice and made available to all licensees and permit holders. The rulemaking powers of the board are subject to the Administrative Procedure Act, Sections 41-22-1 to 41-22-27, inclusive.
Ala. Code § 34-40-1 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-1
Section 34-40-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Athletic Trainers Licensure Act.”
Ala. Code § 34-7B-52 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-52
Section 34-7B-52 Member State Requirements
Status: in_force

(a) To be eligible to join this compact, and to maintain eligibility as a member state, a state must do all of the following:

(1) License and regulate cosmetology.

(2) Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state.

(3) Require that licensees within the state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state.

(4) Require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state.

(5) Implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history; disciplinary history; or background check. The procedures may include the submission of information by applicants for the purpose of obtaining an applicant’s background check.

(6) Participate in the data system, including through the use of unique identifying numbers.

(7) Share information related to adverse actions with the commission and other member states, both through the data system and otherwise.

(8) Notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state’s possession regarding a licensee practicing in that state.

(9) Comply with rules adopted by the commission to administer the compact.

(10) Accept licensees from other member states as established herein.

(b) Member states may charge a fee for granting a license to practice cosmetology.

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

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

(e) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.

(f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements.
Ala. Code § 34-23-51 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-51
Section 34-23-51 Application for License; Qualifications; Examination; License by Reciprocity
Status: in_force

(a) Every person who desires to practice pharmacy within this state shall file with the secretary of the board his or her application for licensure as required by the board not less than 10 days prior to his or her examination. The application shall be accompanied by an examination and registration fee for residents and nonresidents of this state, the fees to be set by the board.

(b) The applicant shall furnish satisfactory proof that he or she is at least 19 years of age, of good moral character, and that he or she holds a professional degree from a division, school, college, or a university department of pharmacy recognized by the board. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(c) The applicant shall have completed an approved practical training program under the supervision of a licensed pharmacist in a site recognized by the board as qualified for training pharmacy externs and interns, the training standards to be established by the board as long as the standards are not less than those set by the National Association of Boards of Pharmacy. The completion of the practical training requirements shall be attested by affidavit from the licensed pharmacist preceptor under whom the training is served.

(d)(1) The applicant shall pass an examination administered by the National Association of Boards of Pharmacy or other entity approved by the board in subjects consistent with those required by the National Association of Boards of Pharmacy and in accordance with the rules of the board. In case of failure of a first examination, the applicant shall have within three years the privilege of a second and third examination. In case of failure in the third examination, the applicant shall be eligible for only one additional examination and this only after he or she has satisfactorily completed additional preparation as directed and approved by the board.

(2) An applicant may be admitted to the examination provided all of the requirements in subsections (a), (b), and (c) are met, and in addition, that affidavits attesting to the prescribed practical training program have been presented to the secretary prior to the examination.

(3) An application for examination by the board may be denied if the applicant is proven to have been involved in any violation of this chapter. An applicant who has been expelled from an examination for cribbing, cheating, or other dishonest conduct shall not be permitted to complete the examination applied for and shall not be permitted to file a new application for examination during the balance of the same calendar year or the calendar year next following the expulsion.

(e) The board may issue a license without examination to an applicant who furnishes satisfactory proof that he or she has been licensed to practice pharmacy by examination in another state that under like conditions grants reciprocal licensure without examination to pharmacists duly licensed by examination in this state, that he or she is a person of good moral character and temperate habits, and provided that the requirements in the state from which the applicant is reciprocating were no less than the requirements of the National Association of Boards of Pharmacy. The application shall be accompanied by a fee set by the board. Each applicant for licensure by reciprocity shall be personally interviewed by two or more members of the board before being granted a license, and the applicant shall pass an examination on the laws governing the practice of pharmacy in this state. The applicant shall be approved for reciprocity by the board prior to the time that he or she begins the duties of a licensed pharmacist in this state. No applicant shall be granted reciprocal licensure unless all evidence and supporting documents of licensure in the state from which the applicant is reciprocating are approved as meeting the requirements for reciprocity of the National Association of Boards of Pharmacy. The board shall set and collect a fee for submitting and certifying grades for reciprocity in other states.
Ala. Code § 34-15C-4 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-4
Section 34-15C-4 Alabama Board for Registered Interior Designers
Status: in_force

(a) There is created the Alabama Board for Registered Interior Designers, to be comprised of seven members appointed by the Governor in the manner set forth in this section. The members of the Alabama State Board of Registration for Interior Design serving on August 1, 2010, pursuant to former Section 34-15B-4, shall immediately serve as board members of the Alabama Board for Registered Interior Designers created by this chapter. For continuity purposes, a board member serving on August 1, 2010, shall continue to serve under this chapter for the remainder of his or her term, and according to the appointment schedule, for which he or she was appointed by the Governor pursuant to former Section 34-15B-4.

(b) All appointments occurring after August 1, 2010, shall be for terms of four years, except an appointment to fill a vacancy, which shall be for the unexpired term only. No member shall serve more than two consecutive terms of office. All members shall continue to serve until a successor is appointed by the Governor.

(c) The composition of the board shall be as follows:

(1) Five members of the board shall be registered interior designers, shall be engaged in the full-time practice of interior design, and shall be appointed from districts provided in subsection (e).

(2) One member shall be a professional educator, who teaches in a college or university level interior design program, and who is a registered interior designer or was previously registered or certified by the former Alabama State Board of Registration for Interior Design. If no educator with these qualifications is willing and able to serve on the board, this position shall be filled by an educator who has the necessary credentials to be registered and who agrees to apply for a certificate of registration within the first year of his or her service on the board.

(3) One member shall be a consumer who is not a design professional. The consumer member may not be employed in the fields of construction, architecture, engineering, interior design, interior decorating, or any related field.

(d) Of the seven members listed in subsection (c), at least one shall be a member of a minority race, and the total membership of the board shall reflect the racial, gender, urban/rural, and economic diversity of the state.

(e) The five registered interior design members of the board, appointed by district, shall be appointed as follows:

(1) Five districts shall be created: Northern, Central, Western, Eastern, and Southern. One practicing registered interior designer shall be appointed from each district.

a. The Northern District shall be comprised of Lauderdale, Colbert, Lawrence, Limestone, Morgan, Cullman, Marshall, Madison, Jackson, DeKalb, Cherokee, Etowah, Calhoun, and Cleburne Counties.

b. The Central District shall be comprised of Blount, Jefferson, St. Clair, and Talladega Counties.

c. The Western District shall be comprised of Marion, Winston, Lamar, Fayette, Franklin, Walker, Pickens, Tuscaloosa, Sumter, Greene, Hale, Bibb, Perry, Dallas, Marengo, Choctaw, Lowndes, Shelby, and Wilcox Counties.

d. The Eastern District shall be comprised of Randolph, Clay, Chilton, Coosa, Tallapoosa, Chambers, Autauga, Elmore, Lee, Macon, Montgomery, Bullock, Pike, Coffee, Dale, Henry, Barbour, Russell, and Crenshaw Counties.

e. The Southern District shall be comprised of Butler, Covington, Conecuh, Escambia, Houston, Monroe, Clarke, Washington, Mobile, Geneva, and Baldwin Counties.

(2) When appropriate, the chair of the board shall notify in writing each registered interior designer, by district of residence, of the time and place for a district nomination meeting. The purpose of the district nomination meeting shall be to select members to serve on a statewide nominating committee. The district nomination meeting, held for the purpose of selecting new members to serve on the statewide nominating committee, shall be held every four years, or as required, for the purpose of filling vacancies on the statewide nominating committee.

(3) At the district nomination meeting, the members of each district shall select a chair for their respective district for that meeting, shall proceed according to Robert’s Rules of Order, as most recently revised, and shall select one person to serve on the statewide nominating committee. Minutes of the meeting shall be recorded, signed by the chair of the meeting, and a copy of the signed minutes shall be provided to the chair of the board and the chair of the statewide nominating committee. The person shall be selected by a plurality of the vote and shall be a registered interior designer who resides in the district.

(f)(1) The statewide nominating committee shall be composed of one person from each of the five districts listed in subsection (e). Each person selected for the statewide nominating committee shall immediately notify the chair of the board and the chair of the statewide nominating committee of his or her selection.

(2) A new statewide nominating committee shall be elected every four years for the purpose of filling any vacancies or expired terms which may occur on the board. The statewide nominating committee shall be convened, by call of the chair of the statewide nominating committee or notice from a majority of the members thereof, as soon as practical whenever a vacancy occurs on the board or at any time within 60 days preceding the expiration of the term of a board member. All appointments to the board shall be made in the manner provided in this section.

(3) If a vacancy occurs on the statewide nominating committee, the chair of the statewide nominating committee shall notify the chair of the board, who shall call a district nominating committee meeting to fill the vacancy. Only practicing registered interior designers may vote in a district nomination meeting or serve upon the statewide nominating committee.

(4) The statewide nominating committee shall be convened, by call of the chair of the statewide nominating committee or notice from a majority of the members thereof, as soon as practical whenever a vacancy occurs on the board or at any time within 60 days preceding the expiration of the term of a board member. All appointments to the board shall be made in the manner provided in this section.

(5) Each board member nominated by the statewide nominating committee shall reside in the district from which he or she is appointed.

(6) The statewide nominating committee shall select and submit the names of at least two registered interior designers to the Governor no later than 60 days of the expiration of the term of a board member, or no later than 60 days of any vacancy on the board.

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

(h) Each member of the board shall receive the same per diem, travel, and expense allowance as is paid by law to state employees for the time spent in the performance of duties and in necessary travel.

(i) The board shall hold two or more meetings per year for the purpose of performing its duties pursuant to this chapter. A simple majority of the members of the board shall constitute a quorum at any meeting. A simple majority vote of the members present shall be sufficient to transact the business of the board. A new chair shall be elected 60 days before the end of the term of the previous chair. If no new chair is elected before the end of the term of the previous chair, the previous chair shall continue to serve until a successor is elected. Vacancies in such chair position shall be filled by act of the board.

(j) The chair may appoint a full-time or part-time executive director or administrative assistant to the board, with the consent of the majority of the members of the board. The executive director or administrative assistant shall serve at the pleasure of the board. The salary of the executive director or administrative assistant shall be set by the board. The executive director or administrative assistant shall serve as the executive officer to the board, but shall not be a member of the board. The board, by majority vote of its members, may employ additional persons, who shall serve at the pleasure of the board, to assist the board and the executive director or administrative assistant in the keeping of the records and in the performance of its duties, subject to available funding.
Ala. Code § 34-28A-70 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-70
Section 34-28A-70 Oversight, Dispute Resolution, and Enforcement
Status: in_force

(a) Dispute Resolution.

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

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

(b) Enforcement.

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

(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district court where the commission has its principal offices against a member state in default to enforce compliance with this compact and its adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.

(3) The remedies described in this subsection are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Ala. Code § 34-23-12 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-12
Section 34-23-12 Injunctions Against Violations
Status: in_force

(a) The board may bring an action in the circuit court for an injunction against any person in this state who:

(1) Practices pharmacy without a license or permits prescriptions to be compounded or dispensed by a person who is not licensed to practice pharmacy, in violation of Section 34-23-50;

(2) Operates a pharmacy or other entity without a permit, in violation of Section 34-23-30, 34-23-31, or 34-23-32; or

(3) Performs pharmacy technician functions without a valid pharmacy technician registration.

(b) A court may enjoin any person from violating this chapter regardless of whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
Ala. Code § 34-22-109 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-109
Section 34-22-109 Responsibilities of Optometrists Under Article
Status: in_force

Any optometrist who is identified as being impaired or voluntarily reports his or her impairment shall be responsible for the following:

(1) Paying fines for violations of law, rules, or regulations as determined by the board.

(2) Paying expenses incurred from determining impairment, approved treatment program, post-treatment monitoring, evaluation or reports concerning impairment, and other expenses identified by the board.

(3) Knowledge of his or her board approved treatment program procedures, responsibilities, and consequences of noncompliance.
Ala. Code § 34-28A-4 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-4
Section 34-28A-4 Prohibited Acts; Penalty for Violations of Provisions of Chapter; Enforcement of Chapter; Assistance of Board by Attorney General; Disposition of Fines Collected for Violations of Chapter
Status: in_force

(a) Any person who practices or offers to practice the profession of speech-language pathology or audiology without being licensed or exempted in accordance with this chapter, or any person who uses in connection with his or her name or otherwise assumes, uses, or advertises any title or description tending to convey the impression that he or she is a speech-language pathologist or audiologist without being licensed or exempted in accordance with this chapter, or any person who presents or attempts to use as his or her own the license of another, or any person who gives any false or forged evidence of any kind to the board or any member thereof in obtaining a license, or any person who attempts to use an expired or revoked license or any person, firm, partnership, or corporation, or any person who violates any of the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

(b) The board, or the person or persons as may be designated by the board to act in its stead, may prefer charges for any of the violations of this chapter in any county in this state in which the violations may have occurred. All duly constituted officers of the law of this state or any political subdivision thereof shall enforce this chapter and prosecute any persons, firms, partnerships, or corporations violating the same.

(c) The Attorney General of the state and his or her assistants shall act as legal advisers of the board and render legal assistance as may be necessary in carrying out this chapter.

(d) All fines collected for the violation of any provisions of this chapter shall be paid over to the secretary of the board to be delivered by him or her to the State Treasury and placed in the Speech-Language Pathology and Audiology Fund in the same manner as funds received for the issuance of licenses.
Ala. Code § 34-15C-15 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-15
Section 34-15C-15 Authorization to Practice
Status: in_force

(a) Notwithstanding any provision of law to the contrary, a registered interior designer may submit sealed, stamped drawings to building officials for a commercial interior project in any space of less than 5,000 contiguous square feet within a building of any size provided that all of the following requirements are satisfied:

(1) The space may not be intended for use as a school, church, auditorium, or other space intended for the assembly occupancy of people.

(2) Unless the drawings utilize, reference, and incorporate documents prepared by architects, engineers, or other related professionals, the drawings may not include the design or modification of architectural and engineering interior construction relating to building systems, such as building structural support, fire rated assemblies, stairwells, means of egress components, elevators, elevator shafts, plumbing, heating, ventilation, air conditioning, fire protection, and mechanical and electrical systems, except for the scope of interior services as defined by the NCIDQ or for the coordination of the aesthetic requirements of fixtures.

(b) Any official of this state or of any city, town, or county charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings may accept or approve and issue permits based upon any of the following:

(1) Plans or specifications prepared by any person registered pursuant to this chapter, provided the plans or specifications are consistent with this chapter.

(2) Plans and specifications for the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, of any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people.

(3) Plans and specifications which such official is not prohibited from accepting pursuant to any other state law on August 1, 2010.
Ala. Code § 34-8A-59 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-59
Section 34-8A-59 Data System
Status: in_force

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

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

(1) Identifying information;

(2) Licensure data;

(3) Adverse actions against a license or privilege to practice;

(4) Non-confidential information related to alternative program participation;

(5) Any denial of application for licensure, and the reason or reasons for the denial;

(6) Current significant investigative information; and

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

(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.

(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
Ala. Code § 34-16-10 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-10
Section 34-16-10 Application for License or Permit; Issuance; Rejection
Status: in_force

(a) Any person may apply for a license or a permit pursuant to this chapter by filing a written application on a form prescribed by the board not less than 30 days prior to the next meeting of the board. The application shall be accompanied by the payment of the annual nonrefundable license fee or permit fee. The credentials of the applicant shall be reviewed according to the rules of the board.

(b) If the board finds the credentials in order, a license or permit shall be issued to the applicant.

(c) If the board rejects the credentials, the applicant will be notified in writing informing him or her of the reasons for rejection.
Ala. Code § 34-15-9 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-9
Section 34-15-9 Failure to Comply with Rules and Regulations
Status: in_force

The State Hotel Inspector, upon ascertaining by inspection or otherwise that any hotel is being operated contrary to the rules and regulations of the State Board of Health, shall notify the owner, manager, agent, or person in charge of such hotel, in writing, in what respect it fails to comply with the regulations and require such person, within a reasonable time to be fixed by the the State Hotel Inspector, to do, or cause to be done, the things necessary to make it comply with the regulations, whereupon such owner, manager, agent, or person in charge of such hotel shall forthwith comply with such requirements. Any owner, manager, or person in charge of a hotel who shall willfully fail or neglect to comply with any of the provisions of the rules and regulations of the State Board of Health, after notice as aforesaid, shall be guilty of a misdemeanor and, upon conviction thereof, be fined not less than $10 nor more than $50, and every day that such hotel is operated in violation of the rules and regulations shall constitute a separate offense.
Ala. Code § 34-3-43 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-43
Section 34-3-43 Powers Generally
Status: in_force

(a) The Board of Commissioners shall have power:

(1) To determine, by rules, the qualifications and requirements for admission to the practice of law;

(2) To conduct through a Board of Examiners the examination of applicants; and such Board of Examiners shall certify to the Supreme Court the names of the applicants found to be qualified; such certifications shall entitle such persons to be enrolled in the bar of the state and to practice law; provided, that the fees required are paid;

(3) Subject to the approval of the supreme court, to formulate rules governing the conduct of all persons admitted to practice and to investigate, or cause to be investigated, and to pass upon all complaints that may be made concerning the professional conduct of any person who has been, or may hereafter be, admitted to the practice of the law;

(4) Subject to the approval of the supreme court, to formulate rules governing the reinstatement of members of the bar who have been disbarred and to pass upon all petitions for reinstatement;

(5) To appoint one or more committees from the membership of the board, or from the membership of the entire bar, or partly from one and partly from the other, to take evidence in connection with any complaint filed against any attorney and forward the same to the board. In all cases, testimony with reference to such charges shall be taken at the courthouse of the county of the residence of the party charged; provided, that the evidence of witnesses residing outside of such county may be taken in the same manner as provided by law for the taking of depositions in civil cases. The district attorney of the circuit in which such accused attorney resides shall prosecute any such charge or case, interrogate the witnesses, introduce the evidence in support of such charges and, when requested by any member of the board, argue the matter before the board. The board shall administer such discipline, by public or private reprimand, suspension from the practice of law or exclusion and disbarment therefrom, as the case shall, in its judgment, warrant. A majority of the board shall constitute a quorum, and the majority of those present (if a quorum be present) shall be empowered to act as and for the entire board. The Supreme Court may, and on petition of the party aggrieved must, in any case of suspension or disbarment from practice, review the action of the board, and may, on its own motion, and without the certification of any record, inquire into the merits of the case and take any action agreeable to its judgment. Rules regulating the manner of such review and providing for the certification of the evidence or, if the Supreme Court desires, the taking of additional evidence, shall be promulgated by said board and become effective upon approval by the Supreme Court;

(6) To make rules and bylaws not in conflict with any of the terms of this chapter concerning the selection and tenure of its officers and committees and their powers and duties, and generally for the control and regulation of the business of the board and of the State Bar;

(7) To hold and conduct educational and social meetings and activities among the members of the bar, to publish journals and generally to do such things as in its judgment may tend to improve the educational and ethical standing of bench and bar;

(8) Should any vacancies occur on said board, to fill such vacancies by appointment of a member of the State Bar from the judicial circuit in which said vacancy exists, and such appointee shall hold for the time of the unexpired term or pending the election of his successor;

(9) To establish circuit or branch associations of the State Bar, and, if circuit associations are established, the member of the board from said circuit shall be ex officio the president of such circuit association. Said circuit or branch association shall have no authority to suspend or disbar attorneys and in all matters shall be subordinate to the authority of the board.

(b) If any member of said board is a party to the preferment of charges for disbarment or suspension of any lawyer, or there exists as against any member of such board any cause provided by law for the disqualifications of judges or jurors in civil or criminal cases, such member shall be disqualified from sitting as a member of said board in the hearing of such charges.

(c) Said board shall have no authority, nor shall it in any way undertake, to regulate the fees or charges of lawyers for the rendition of their professional services.

(d) The Board of Commissioners may delegate such power as it deems appropriate to an executive council composed of the president, president-elect, vice-president, immediate past president, and three commissioners elected by the Board of Bar Commissioners.
Ala. Code § 34-30-3 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-3
Section 34-30-3 Private Independent Practice of Social Work
Status: in_force

(a) No individual may engage in the independent clinical practice of social work unless he or she satisfies all of the following:

(1) Is licensed under this chapter as an independent clinical social worker.

(2) Has a doctorate or master’s degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education.

(3) Has had two years’ full-time or three years’ part-time postgraduate experience under appropriate supervision in the specified social work method or four years’ full-time or five years’ part-time postgraduate experience under appropriate supervision in the speciality in which the applicant will practice.

(4) Has passed an examination prepared by the board for this purpose; except, that prior to the time that an examination is prepared by the board for this purpose, no individual who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work.

(5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board.

(6) Has paid an initial certification fee set by the board.

(b) The scope of practice of a licensed independent clinical social worker includes the authority to diagnose and develop treatment plans. The scope of practice does not include the diagnosis, treatment, or provision of advice to a client for problems or complaints relating to conditions outside the boundaries of the practice of social work.

(c) For the purposes of this section, the terms “diagnose” and “treatment,” whether considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act that a licensed clinical social worker is not educated or trained to perform including, but not limited to, any of the following:

(1) Administering and interpreting psychological tests or intellectual, neuropsychological, personality, or projective instruments.

(2) Admitting any individual to a hospital for treatment of any condition that is outside the boundaries of the practice of social work, as provided in subsection (b).

(3) Treating any individual in a hospital setting without medical supervision.

(4) Prescribing medicinal drugs.

(5) Authorizing clinical laboratory procedures or radiological procedures.

(6) Using electroconvulsive therapy.

(d) Nothing in this section shall be construed to create a requirement that any health benefit plan, group insurance plan, policy, or contract for health care services that covers hospital, medical, or surgical expenses, health maintenance organizations, preferred provider organizations, medical service organizations, physician-hospital organizations, or any other individual, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes group health care services to patients, insureds, or beneficiaries in this state, including entities created pursuant to Article 6, commencing with Section 10A-20-6.01 of Chapter 20, Title 10A, provide coverage or reimbursement for the services described or authorized in this section.
Ala. Code § 34-18-3 — Alabama Code / Title 34 / Chapter 18 / Section 34-18-3
Section 34-18-3 Penalties for Violations of Chapter
Status: in_force

Any person practicing as a medical technician except under the immediate direction of a qualified doctor of medicine, or who violates any of the provisions of this chapter, or who shall willfully make any false representation to the board in applying for a certificate shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 and not more than $500.
Ala. Code § 34-14A-12.1 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-12.1
Section 34-14A-12.1 Applicability of Residential Building Codes
Status: in_force

Beginning January 1, 2027, a residential home builder within this state who constructs, renovates, or repairs a residence or structure shall do so in accordance with the applicable residential building code adopted pursuant to Section 34-14A-12 or, if applicable, the local jurisdiction’s residential building code.
Ala. Code § 34-22-62 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-62
Section 34-22-62 Types of Scholarships and Loans
Status: in_force

The Board of Optometric Scholarship and Loan Awards shall establish the following types of scholarships and loans:

(1) Annual loans, not exceeding 25 percent of the number of students enrolled in the University of Alabama at Birmingham School of Optometry, based on the economic need and scholastic ability of the applicant, in an amount not to exceed 30 percent of the current annual cost of tuition at the University of Alabama at Birmingham School of Optometry. The loan shall be available to any Alabama resident of good character who has been accepted for matriculation by the University of Alabama at Birmingham School of Optometry. This subdivision shall also apply to graduate students in vision science, at the discretion of the board.

(2) Merit scholarships, not exceeding 25 percent of the number of students enrolled in the University of Alabama at Birmingham School of Optometry, in an amount not to exceed the current annual cost of tuition at the University of Alabama at Birmingham School of Optometry. These scholarships shall be available to outstanding students, who are residents of Alabama. One-fourth of the merit scholarships shall be awarded each year to members of the entering class at the University of Alabama at Birmingham School of Optometry, who, in the judgment of the board, have the highest scholastic achievement in undergraduate studies, sufficient aptitude, excellence of character, and other pertinent qualifications. Recipients of merit scholarships may also apply for loans awarded by the board. This subdivision shall also apply to graduate students in vision science, at the discretion of the board.

(3) Loans issued pursuant to the Alabama Optometric Service Program. The board shall establish and operate the Alabama Optometric Service Program, under which loans may be issued by the board to applicants of good character who are enrolled in the University of Alabama at Birmingham School of Optometry, or any other educational institution accredited by the Accreditation Council on Optometric Education of the American Optometric Association. Applicants approved to participate in the program may be issued a loan equal to the four-year cost of attendance based on in-state tuition and required fees at the University of Alabama at Birmingham School of Optometry.
Ala. Code § 34-33-11 — Alabama Code / Title 34 / Chapter 33 / Section 34-33-11
Section 34-33-11 Disposition of Funds Collected Pursuant to Chapter; Grants and Donations Allowed
Status: in_force

All funds collected pursuant to this chapter shall be deposited in the State Treasury to the credit of the State Fire Marshal’s Fund authorized by Section 36-19-31. The State Fire Marshal shall be authorized to expend monies from the State Fire Marshal’s Fund for the administration and enforcement of this chapter. The State Fire Marshal shall be allowed to receive grants and donations from associations, firms, or individuals who are interested in the upgrading and quality of fire protection sprinkler systems.
Ala. Code § 34-23-74 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-74
Section 34-23-74 Hospitals and Related Institutions; Automated Dispensing Systems
Status: in_force

(a) Except as otherwise provided in subsection (b), every pharmacy located in a hospital, skilled nursing home, or other related institution in this state shall be under the supervision of a licensed pharmacist. In general hospitals, skilled nursing homes, and extended care facilities not operating a pharmacy, the drug or medicine room shall be under the direct supervision and direction of a consulting pharmacist or a member of the medical staff who shall be a licensed practitioner of medicine. In nursing homes which are not classified by the State Board of Health as skilled nursing homes, maternity homes, homes for the aged, domiciliary institutions, and all related institutions except those operated by and in conjunction with a licensed hospital, medicines or drugs bearing the wording on the label “caution, federal law prohibits dispensing without prescription” or similar wording that causes the medicines or drugs to be known as prescription legend drugs shall be furnished by a licensed pharmacy on the prescription of a licensed practitioner of medicine for individual patients, and there shall be no prescription legend drugs on the premises of these institutions other than those so prescribed except an emergency kit as authorized by the State Board of Health. In hospitals and skilled nursing homes using vending machines or mechanical devices for the storage and dispensing of drugs, the machines or devices shall be stocked only under the supervision of a licensed pharmacist, and the drugs may be dispensed from the machine or device only by an individual acting in accordance with established institutional hospital pharmacy policy. The State Board of Pharmacy may at any time adopt such additional rules and regulations consistent with this chapter as may be deemed necessary after advising with the Alabama Society of Hospital Pharmacists in regard to the storage and handling of drugs and medicines and the disposition of unused portion of drugs and medicines in hospitals and other related institutions under this section.

(b) Notwithstanding the provisions of subsection (a), the use and operation of automated dispensing systems in skilled nursing facilities by a pharmacy holding a permit issued for that purpose is authorized pursuant to rules adopted by the board.
Ala. Code § 34-14A-41 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-41
Section 34-14A-41 Personnel
Status: in_force

The executive director of the board may employ staff necessary to carry out the duties of the division, including a division administrator, programs support personnel, administrative support personnel, and any other personnel necessary to carry out the statutory purpose of the division for the administration and implementation of the Alabama Residential Building Code.
Ala. Code § 34-19-6 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-6
Section 34-19-6 Practices Which May Be Performed by Licensees - Generally
Status: reserved

Repealed by Act 2017-383, § 5, effective August 1, 2017.
Ala. Code § 34-7B-60 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-60
Section 34-7B-60 Rulemaking
Status: in_force

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

(b) The rules of the commission shall have the force of law in each member state. Where the rules of the commission conflict with the laws of the member state that establish the member state’s scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.

(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.

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

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

(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow individuals to provide oral and written comments, data, facts, opinions, and arguments.

(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission shall hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking to all of the following:

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

(2) To individuals who have requested notice of the commission’s notices of proposed rulemaking.

(3) In other ways as the commission may by rule specify.

(h) The notice of proposed rulemaking shall include all of the following:

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

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

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

(4) A request for comments on the proposed rule from any interested individual.

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

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

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

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

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

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

(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 45 days after the commission issuing the notice that it adopted or amended the rule.

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

(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 a rule that is established by federal law or rule.

(4) Protect public health and safety.

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

(n) No member state’s rulemaking requirements shall apply under this compact.
Ala. Code § 34-15-2 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-2
Section 34-15-2 Operation of Chapter
Status: in_force

This chapter shall operate as, or as a part of or in conjunction with, any rules and regulations affecting hotels provided and promulgated by the State Board of Health for maintaining and protecting the public health.
Ala. Code § 34-26-104 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-104
Section 34-26-104 Active Duty Military Members or Their Spouses
Status: in_force

A licensee who is an active military member or is the spouse of an active military member shall be deemed to hold a home state license in any of the following locations: (1) The licensee’s permanent residence. (2) A member state that is the licensee’s primary state of practice. (3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).

(1) The licensee’s permanent residence. (2) A member state that is the licensee’s primary state of practice. (3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).

(2) A member state that is the licensee’s primary state of practice.

(3) A member state where the licensee has relocated pursuant to a permanent change of station (PCS).
Ala. Code § 34-41-19 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-19
Section 34-41-19 Denial, Suspension, or Revocation of License
Status: in_force

The board may refuse to grant or renew, or may suspend or revoke the license of any person licensed under this chapter who:

(1) Has violated this chapter or any rule or regulation of the board.

(2) Has been convicted of a misdemeanor under this chapter.

(3) Has been found guilty of gross unprofessional conduct, dishonest practice, incompetence, including but not limited to obtaining a license under this chapter through fraud or deceit, and aiding or abetting another person in obtaining a license by fraud or deceit.

(4) Has been convicted of a criminal felony charge impinging on the moral and ethical character of the individual and the profession.

(5) Has suffered revocation, suspension, or denial of a certificate or license to practice geology for any reason in another state.
Ala. Code § 34-27A-18 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-18
Section 34-27A-18 Licensure Restrictions
Status: in_force

(a) The term “licensed real estate appraiser” or “certified real estate appraiser” may only be used to refer to individuals who hold the license and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group; or in a manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the license.

(b) No license shall be issued under this article to a corporation, partnership, firm, or group. This shall not be construed to prevent a licensed real estate appraiser from signing an appraisal report on behalf of a corporation, partnership, firm, or group practice licensed to appraise real estate under this article.

(c) Authority to transact business as a licensed real estate appraiser shall be restricted to the person named in the license and shall not inure to the benefit of any other person.
Ala. Code § 34-24-215 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-215
Section 34-24-215 Temporary Licenses
Status: in_force

(a) On payment to the board of a fee set by the board, and on submission of a written application on forms provided by the board, the applicant shall be issued without examination a temporary license to practice physical therapy or to act as a physical therapist assistant in this state for a period not to exceed one year, if the person meets the qualifications set forth in Section 34-24-211 and submits evidence satisfactory to the board that he or she is in this state on a temporary basis to assist in a case of medical emergency or to engage in a special physical therapy project. Such special projects may be research and education programs. Each request will be judged by the board on its individual merits.

(b) Upon the submission of a written application on forms provided by the board, a person who has applied for a license under the provisions of Section 34-24-211 and who is, in the judgment of the board, eligible to take the examination provided for in Section 34-24-212, may be issued a temporary license by the board. Such temporary license shall be available to an applicant only with respect to his or her first application for a license under Section 34-24-211, and such license shall expire when the board makes a determination with respect to the application.
Ala. Code § 34-23-184 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-184
Section 34-23-184 Audit Procedures; Report
Status: in_force

(a) The entity conducting an audit shall follow these procedures:

(1) The pharmacy contract shall identify and describe in detail the audit procedures.

(2) The entity conducting the on-site audit shall give the pharmacy written notice at least two weeks before conducting the initial on-site audit for each audit cycle. If the pharmacy benefit manager does not include their auditing guidelines within their provider manual, then the notice must include a documented checklist of all items being audited and the manual, including the name, date, and edition or volume, applicable to the audit and auditing guidelines. For on-site audits a pharmacy benefit manager shall also provide a list of material that is copied or removed during the course of an audit to the pharmacy. The pharmacy benefit manager may document this material on either a checklist or on an audit acknowledgement form. The pharmacy shall produce any items during the course of the audit or within 30 days of the on-site audit.

(3) The entity conducting the on-site audit may not interfere with the delivery of pharmacist services to a patient and shall utilize every effort to minimize inconvenience and disruption to pharmacy operations during the audit process.

(4) An audit that involves clinical or professional judgment shall be conducted by or in consultation with a licensed pharmacist.

(5) The audit shall not consider as fraud any clerical or recordkeeping error, such as a typographical error, scrivener’s error, or computer error regarding a required document or record; however, such errors may be subject to recoupment, provided that a pharmacy shall not be subject to a charge-back or recoupment for a clerical or recordkeeping error in a required document or record, including a typographical or computer error, unless the error resulted in overpayment to the pharmacy. The pharmacy shall have the right to submit amended claims through an online submission to correct clerical or recordkeeping errors in lieu of recoupment of a claim where no actual financial harm to the patient or plan has occurred, provided that the prescription was dispensed according to prescription documentation requirements set forth by the Alabama Pharmacy Act and within the plan limits. The pharmacy shall not be subject to recoupment of funds by the pharmacy benefit manager unless the pharmacy benefit manager can provide proof of intent to commit fraud or such error results in actual financial harm to the pharmacy benefit manager, a health insurance plan managed by the pharmacy benefit manager, or a consumer. A person shall not be subject to criminal penalties for errors provided for in this subsection without proof of intent to commit fraud, waste, or abuse.

a. Any amount to be charged back or recouped due to overpayment shall not exceed the amount the pharmacy was overpaid.

b. The auditing entity shall not include the dispensing fee in the calculation of an overpayment unless a prescription is considered a misfill. As used in this paragraph, misfill means a prescription that was not dispensed, a prescription in which the prescriber denied the authorization request, a prescription in which an additional dispensing fee was charged, or a prescription error.

(6) An entity conducting an audit shall not require any documentation that is not required by state and federal law. The information shall be considered to be valid if documented on the prescription, computerized treatment notes, pharmacy system, or other acceptable medical records.

(7) Unless superseded by state or federal law, auditors shall only have access to previous audit reports on a particular pharmacy conducted by the auditing entity for the same pharmacy benefit manager, health plan, or insurer. An auditing vendor contracting with multiple pharmacy benefit managers or health insurance plans shall not use audit reports or other information gained from an audit on a particular pharmacy to conduct another audit for a different pharmacy benefit manager or health insurance plan.

(8) Audit results shall be disclosed to the health benefit plan in a manner pursuant to contract terms.

(9) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for the purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug.

(10) If the pharmacy benefit manager or its representative conducts an audit, the sample size shall not be greater than 150 prescriptions, provided that a refill does not constitute a separate prescription for the purposes of this subdivision.

(11) Reasonable costs associated with the audit shall be the responsibility of the auditing entity if the claims sample exceeds 100 unique prescription hard copies.

(12) A finding of an overpayment or an underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs, except that recoupment shall be based on the actual overpayment or underpayment of actual claims.

(13) A finding of an overpayment may not include the cost of the drugs that were dispensed in accordance with the prescriber’s orders, provided the prescription was dispensed according to prescription documentation requirements set forth by the Alabama Pharmacy Act and within the plan limits. A finding of an overpayment may not include the dispensing fee amount unless any of the following apply:

a. A prescription was not actually dispensed.

b. The prescriber denied authorization.

c. The prescription dispensed was a medication error by the pharmacy.

d. The identified overpayment is solely based on an extra dispensing fee.

(14) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity and must be audited under rules applicable to the contractor and time period of the prescription.

(15) Where not superseded by state or federal law, the period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, nonprofit hospital or medical service organization, health benefit plan, third-party payor, pharmacy benefit manager, a health program administered by a department of the state, or any entity that represents those companies, groups, or department. An audit may not be conducted six months past the date the pharmacy benefit management plan terminated its contract to adjudicate claims with a pharmacy benefit manager, health plan administrator, or any other entity representing those companies.

(16) An audit may not be initiated or scheduled during the first five calendar days of any month.

(b) The entity shall provide the pharmacy with a written report of the audit and comply with all of the following requirements:

(1) The preliminary audit report shall be delivered to the pharmacy within 90 days after the conclusion of the audit, with a reasonable extension to be granted upon request.

(2) A pharmacy shall be allowed at least 30 days following receipt of the preliminary audit report in which to produce documentation to address any discrepancy found during the audit, with a reasonable extension to be granted upon request.

(3) A final audit report shall be delivered to the pharmacy within 180 days after receipt of the preliminary audit report or final appeal, as provided for in Section 34-23-185, whichever is later.

(4) The audit documents shall be signed by the auditors assigned to the audit. The acknowledgement or receipt shall be signed by the auditor and the audit report shall contain clear contact information of the representative of the auditing organization.

(5) Recoupments of any disputed funds, or repayment of funds to the entity by the pharmacy if permitted pursuant to contractual agreement, shall occur after final internal disposition of the audit, including the appeals process as provided for in Section 34-23-185. If the identified discrepancy for an individual audit exceeds twenty-five thousand dollars ($25,000), future payments in excess of that amount to the pharmacy may be withheld pending finalization of the audit.

(6) Interest shall not accrue during the audit period.

(7) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor in a manner pursuant to a contract.
Ala. Code § 34-27A-26 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-26
Section 34-27A-26 Retention of Contracts and Records
Status: in_force

(a) All real property appraisers shall prepare written records of appraisal, review, and consulting assignments, including oral testimony and reports, and shall retain the records for a period of five years after preparation or at least two years after final disposition of any judicial proceeding in which testimony was given, whichever period expires last. The written records of an assignment are the workfile.

(b) All records required to be maintained under this article shall be made available by the real property appraiser for inspection and copying by the board on reasonable notice to the appraiser.
Ala. Code § 34-24-166 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-166
Section 34-24-166 Refusal, Revocation, or Suspension - Grounds; Rules; Disciplinary Action
Status: in_force

(a) The State Board of Chiropractic Examiners may refuse to grant a license or permit to any applicant who is not of good moral character and reputation or has a history of narcotic addiction or has previously been convicted of a felony or any crime of moral turpitude or has previously been diagnosed as having a psychopathic disorder.

(b) The State Board of Chiropractic Examiners may invoke disciplinary action as outlined in subsection (c) whenever the licensee or permit holder shall be found guilty of any of the following:

(1) Fraud in procuring a license or permit, or any fraud in obtaining money or other thing of value.

(2) Immoral conduct.

(3) Unprofessional conduct.

(4) Habitual intoxication or addiction to the use of drugs.

(5) Conviction of a felony or any crime of moral turpitude.

(6) Conviction for violation of any narcotic or controlled substance statute.

(7) Unlawful invasion of the field of practice of any other health practitioner when the licensee is not licensed to practice such profession.

(8) Division of fees or agreeing to split or divide fees received for professional services with any person for bringing or referring a patient.

(9) Continuing to practice after suspension or revocation of license.

(10) A violation of any order issued by the board.

(11) Engaging in the incompetent practice of chiropractic.

(12) Aiding the unauthorized practice of chiropractic.

(13) Advertising in any manner which violates the rules and regulations established by the board.

(14) A violation of any of the provisions of this article or any rule or regulation adopted by the board.

(15) Patient abandonment.

(16) The suspension, revocation, or probation by another state of a license to practice chiropractic or permit to operate or own a chiropractic office or practice. A certified copy of the record of suspension, revocation, or probation shall be conclusive evidence of the suspension, revocation, or probation.

(17) The inability to practice chiropractic with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.

(c)(1) The Board of Chiropractic Examiners shall establish rules and regulations which shall govern the practice of chiropractic and shall detail prohibited acts stated in this article. The board shall have the power and it shall be its duty as a consumer protection agency to impose any of the sanctions set forth in subdivision (2) against any licensee or permit holder upon a determination of guilt of any of the above enumerated grounds.

(2) When the board finds any licensee or permit holder guilty of any of the grounds set forth in subsection (b), the board may enter an order imposing one or more of the following penalties:

a. Revoke the license to practice chiropractic or permit.

b. Suspend the license to practice chiropractic or permit.

c. Enter a censure on the license or permit.

d. Issue an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensee or permit holder.

e. Impose an administrative fine not to exceed eight thousand dollars ($8,000) for each count or separate offense.

f. Impose restrictions on the scope of practice.

g. Impose peer review or professional education requirements.

h. Assess the costs of the disciplinary proceedings.

i. Issue a reprimand.

j. Assess the costs for the monitoring of any licensee or permit holder as ordered by the board.

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

(d) The board may in an emergency situation, when danger to the public health, safety, and welfare requires, suspend any license or permit without a hearing or with an abbreviated hearing in accordance with the following sections of this article.

(e) Any person who engages in the unlawful practice of chiropractic, or who violates any provision of this chapter, shall be guilty of a Class C misdemeanor.

(f)(1) When the issue is whether or not a licensee is physically or mentally capable of practicing chiropractic with reasonable skill and safety to patients, then, upon a showing of probable cause to the board that the licensee is not capable of practicing chiropractic with reasonable skill and safety to patients, the board may order and direct the licensee in question to submit to a physical, mental, or laboratory examination, or any combination thereof, to be performed by a physician designated or approved by the board. The expense of the examination shall be borne by the licensee who is examined. The board may collect and expend funds available to the board as necessary to adequately provide for the operational expenses of the wellness program.

(2) Every person issued a license to practice chiropractic in this state or issued a permit in this state upon a showing of probable cause as provided in subdivision (1), shall be deemed to have given consent to submit to a mental, physical, or laboratory examination, or to any combination thereof, and to waive all objections to the admissibility of the testimony or examination reports of the examining physician on the ground that the reports constitute privileged doctor-patient communications.

(g) It shall be the duty and obligation of the board to promote the early identification, intervention, treatment, and rehabilitation of chiropractors licensed to practice in the state 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. The board may enter into an agreement for any of the following:

(1) Contracting with providers for treatment programs.

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

(3) Intervening in cases of verified impairment.

(4) Referring impaired chiropractors to treatment programs.

(5) Monitoring the treatment and rehabilitation of impaired chiropractors.

(6) Providing post-treatment monitoring and support of rehabilitated impaired chiropractors.

(h) All information, interviews, reports, statements, memoranda, or other documents furnished to the board are confidential and shall be used by the board only in the exercise of the proper function of the board and shall not be public records nor available for court subpoena or for discovery proceedings.
Ala. Code § 34-15C-17 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-17
Section 34-15C-17 Administrative Procedure
Status: in_force

It is the intent of the Legislature that the board shall be subject to the Alabama Administrative Procedure Act.
Ala. Code § 34-17A-12 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-12
Section 34-17A-12 Persons Licensed or Certified in Other States
Status: in_force

The board shall issue a license by examination of credentials to any person licensed or certified as a marriage and family therapist in another state which has requirements for licensure that are equivalent to or exceed the requirements of this state, provided the applicant submits an application on forms prescribed by the board and pays the original licensure fee prescribed by this chapter.
Ala. Code § 34-26-105 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-105
Section 34-26-105 Discipline; Adverse Actions
Status: in_force

(a) Nothing in this compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on licensees according to its scope of practice laws.

(b) Member states shall be authorized to receive, and shall provide, files and information regarding the investigation and discipline, if any, of licensees in other member states upon request. Any member state receiving such information or files shall protect and maintain their security and confidentiality, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for such disclosure to the member state which originally provided that information.
Ala. Code § 34-3-100 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-100
Section 34-3-100 Legislative Findings and Intent
Status: in_force

The Legislature hereby finds and declares that it is necessary and desirable, in the best interests of the state, that the Alabama State Bar have a building or buildings with space available for its administrative offices, for its Board of Commissioners, for the Board of Examiners on Admission to the State Bar, for the storage of library and other educational materials relating to the improvement of the administration of justice, for its standing and other committees and the staffs of its professional journals, for continuing legal education activities and for other related purposes. It is the intention of the Legislature by the passage of this article to authorize the incorporation of the president, the first vice-president and the secretary of the Alabama State Bar as a public corporation for the purpose of constructing, erecting, owning, operating, and maintaining such a building or buildings and to vest such corporation with all powers, authority, rights, and privileges necessary to accomplish such purpose. This article shall be liberally construed in conformity with the purpose.
Ala. Code § 34-7B-23 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-23
Section 34-7B-23 Qualifications of Applicants for Examination or Licensure - Manicurist/Waxer
Status: in_force

(a) No person may be admitted to an examination or licensed as a manicurist/waxer unless he or she holds a license as a manicurist and has successfully completed at least 160 hours in waxing in a school licensed or registered under the provisions of this chapter.

(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the examination, and pays any license fee shall be issued a manicurist/waxer license.
Ala. Code § 34-9-24 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-24
Section 34-9-24 Statement of Charges and Notice of Hearing Before Revocation or Suspension of License
Status: in_force

No action to revoke or suspend a license or permit shall be taken until the licensee or permittee has been furnished a statement in writing of the charges against him or her, together with a notice of the time and place of the hearing. The statement of charges and notice shall be served upon the licensee or permittee at least 20 days before the date fixed for hearing, either personally or by registered or certified mail sent to his or her last known physical home or office address or post office address, or any combination of them.
Ala. Code § 34-17-3 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-3
Section 34-17-3 Board of Examiners of Landscape Architects - Powers and Duties Generally
Status: in_force

(a) The board shall have the powers and duties listed in this section.

(b) The board shall have such employees as may be provided in the annual state budget.

(c) The board may make, adopt, and amend such rules and regulations as it deems necessary to carry out the provisions of this chapter.

(d) The board shall hold at least one meeting per year for the purpose of examining candidates for registration as landscape architects. It may hold such other meetings and hearings as required for the proper performance of its duties under this chapter.

(e) The board may adopt a seal for use in transacting its official business.

(f) The board shall keep a record of its proceedings and shall make an annual report thereon to the Governor.

(g) For the purpose of enforcing the provisions of this chapter, the board:

(1) May conduct investigations and hold hearings concerning any matter covered by this chapter at any time or place within the State of Alabama.

(2) May administer oaths and affirmations, examine witnesses, and receive evidence.
Ala. Code § 34-24-258 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-258
Section 34-24-258 Deposit and Expenditure of Funds
Status: in_force

All funds received by the board shall be deposited to the credit of the board in a federally insured bank selected by the board, and the execution and enforcement of this article and the payments of salaries, expenses, and other authorized costs shall be paid by checks drawn by the secretary-treasurer and countersigned by a designated member of the board.
Ala. Code § 34-3-8 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-8
Section 34-3-8 Clerk or Employee Practicing Before Court
Status: in_force

Any person who practices law in any court in which he is clerk, deputy clerk or regularly employed to perform any of the ministerial duties thereof must, on conviction, be fined not less than $100.
Ala. Code § 34-24-51 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-51
Section 34-24-51 Practicing Medicine or Osteopathy Without License
Status: in_force

Any person who practices medicine or osteopathy or offers to do so in this state without a certificate of qualification having been issued in his or her behalf by the State Board of Medical Examiners and without a license and certificate of registration from the Medical Licensure Commission of Alabama shall be guilty of a Class C felony. However, nothing in this section or article shall apply to fellows, residents, interns, or medical students who are employed by or who are taking courses of instruction at the University of Alabama School of Medicine, the University of South Alabama College of Medicine, or such other medical schools or colleges, hospitals, or institutions in Alabama as may be approved by the Board of Medical Examiners; and provided, that the work of the fellows, residents, interns, or medical students is performed within the facilities of such medical schools or colleges, hospitals, or institutions under the supervision of a licensed physician and as an adjunct to his or her course of study or training, and until the fellows, residents, interns, or students meet training requirements for licensure under the laws of the State of Alabama and the regulations of the Board of Medical Examiners of the State of Alabama. Nothing in this section shall be construed as applying to any person practicing chiropractic, dentistry, podiatry, optometry, or any other branch of the healing arts, except medicine and osteopathy, pursuant to a license which has been issued, or which may hereafter be issued, by any state licensing board and who is practicing within the scope of such license.
Ala. Code § 34-24-233 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-233
Section 34-24-233 Exemptions
Status: in_force

Nothing in this article shall be construed as applying to physicians, surgeons, or persons authorized to practice the healing arts as otherwise provided under the laws of the State of Alabama. No person who qualifies for a certificate of license under this article shall be subject to examination by the State Board of Medical Examiners.
Ala. Code § 34-7B-11 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-11
Section 34-7B-11 Findings, Orders of Board; Appeals
Status: in_force

(a) Any finding or order of the board, obtained pursuant to an inquiry or hearing conducted either by the board or a hearing officer on behalf of the board shall be deemed the finding or order of the board when approved and confirmed by a majority of the members of the board.

(b) Any provision of law to the contrary notwithstanding, a person who has exhausted all administrative remedies available through the board, other than a rehearing, and who has been aggrieved by a final decision in a contested case, may appeal pursuant to Section 41-22-20. A decision by the board to revoke or suspend a license or permit, or to otherwise restrict or discipline a licensee, shall be subject to provisions regarding stays as provided in subsection (c) of Section 41-22-20. All appeals shall be filed in the Circuit Court of Montgomery County.
Ala. Code § 34-8-21 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-21
Section 34-8-21 Oath of Board
Status: in_force

Each member of the board shall before entering upon the discharge of the duties of his or her office take and file with the Secretary of State the oath required by Section 279 of the Constitution of Alabama.
Ala. Code § 34-8A-56 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-56
Section 34-8A-56 Compact Privilege to Practice Telehealth
Status: in_force

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 34-8A-52 and under rules adopted by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules adopted by the commission.

(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
Ala. Code § 34-24-272 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-272
Section 34-24-272 Special Certificate
Status: in_force

Any person who is a legal, ethical, and competent practitioner of podiatry in this state, who has been duly examined and licensed by the State Board of Podiatry, and of good moral character and known to the board as such, who shall desire to change his or her residence to another state or territory, or foreign country, shall, upon application to the board and the payment of a fee of fifty dollars ($50), receive a special certificate over the signature of the president and secretary-treasurer of the board and bearing its seal which shall give the date upon which he or she was registered and licensed.
Ala. Code § 34-24-505 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-505
Section 34-24-505 Exemptions
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 34-9-40 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-40
Section 34-9-40 Creation; Composition
Status: in_force

(a) In order to accomplish the purposes and to provide for the enforcement of this chapter, there is hereby created the board. The board is hereby vested with the authority to carry out the purposes and enforce the provisions of this chapter. On June 24, 1959, the members of the present board now in existence shall hold office for the remainder of their respective terms for which they have been elected and thereafter until their successors are elected and qualified and shall constitute the board under this chapter. The board shall consist of six dentists who shall be selected in the method set forth herein all of whom having been actively engaged in the practice of dentistry in the State of Alabama for at least five years next preceding the date of their election and one dental hygienist elected at-large as provided in subsection (b). Each member of the board shall be a citizen of this state. No member of the board shall be a member of the faculty of any dental school, dental college, dental hygiene school, or dental hygiene college or receive any financial benefits for teaching in any dental school, dental college, dental hygiene school, or dental hygiene college or have a financial interest in a commercial dental laboratory or a dental supply business. One member, who is qualified as provided herein, shall be selected by the Alabama Dental Society every five years. As for all elections of members, any group of 10 or more licensed dentists, residing and practicing dentistry in the state, may nominate a candidate for the position of board member by submitting a petition bearing their signatures to the secretary of the board to be postmarked no later than the first day of July in the year of the election. The board shall cause the election ballots to be mailed or published digitally not later than September 1 in the year of the election to all the licensed dentists residing and practicing in the state and currently registered as prescribed by law. The ballot shall be postmarked, or otherwise submitted electronically, no later than October 1 to the secretary of the board. Three members of the board shall be present at the time the ballots, digital or physical, are tallied. Any candidate receiving a majority of the votes shall be declared elected to the board and will take the oath of office on or before October 15 in the year of his or her election. In the event no candidate receives a majority of the votes cast, the board shall conduct a run-off election between the two candidates receiving the largest number of votes. The board shall cause the ballots pertaining to the run-off election to be mailed or digitally published on or before October 31 of the election year to all the licensed dentists who have renewed their licenses for the succeeding year as of October 1 of the current year, are residing and practicing in the state, and currently are registered as prescribed by law, and the ballots pertaining to the run-off election shall be postmarked or digitally published no later than the fourteenth day of November in the year of the run-off election and received, if mailed, by the secretary of the board no later than the first board workday following the fourteenth day of November. All mailed ballots received after this date shall be nullified. In the event of a run-off election, the candidate receiving the largest number of votes in the run-off election shall be declared elected to the board and shall take the oath of office and begin his or her term of office no later than the next scheduled board meeting. Every member elected shall hold office for a period of five years, which terms shall begin immediately upon taking an oath to properly and faithfully discharge the duties of his or her office and until his or her successor is elected and qualified, and the member so elected or appointed shall not at the expiration of the term be eligible to succeed himself or herself. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. Except for the board member position selected by the Alabama Dental Society, vacancies on the board shall be filled by the board by the appointment of the immediate past member of the board, and if for any reason the immediate past member of the board is unable to accept the appointment, then the board shall fill the vacancy by appointment of the most recent past board member who is willing to accept the appointment. If no past board member accepts the appointment, then the board may, by majority vote, appoint any licensed dentist qualified under the provisions of this chapter. In the event of a vacancy in the position selected by the Alabama Dental Society, the Alabama Dental Society shall select a dentist who is qualified as provided herein to fill the vacancy. Members of the board shall be removed by a two-thirds vote of the registered dentists in the state for neglect of duty or any just cause, by petition to the secretary of the board by 10 percent of the licensed dentists in the state. On or before July 1, 1962, the board shall send a copy of this section to all licensed dentists in the state.

(b)(1) One member of the board shall be a licensed dental hygienist. The dental hygienist member shall be of good moral and ethical character and shall have been actively engaged in the practice of dental hygiene in the State of Alabama for at least five years preceding the date of election. No dental hygienist member shall be a member of the faculty of any dental school, dental college, dental hygiene school, or dental hygiene college or receive any financial benefits for teaching in any dental school, dental college, dental hygiene school, or dental hygiene college or have a financial interest in a commercial dental laboratory or dental supply business while serving on the board.

(2) The dental hygienist member shall be elected as follows:

a. Any group of 10 or more licensed dental hygienists, residing and practicing dental hygiene in the State of Alabama, may nominate a candidate for the dental hygienist position by submitting a petition bearing their signatures to the secretary of the board no later than the first day of July in the year of an election. The board shall cause election ballots to be mailed or published digitally no later than September 1 in the year of an election to all the licensed dental hygienists residing and practicing in the state and currently registered as prescribed by law. The ballot shall be postmarked or otherwise submitted electronically no later than October 1 to the secretary of the board.

b. Three members of the board shall be present at the time the ballots, digital or physical, are tallied. Any candidate receiving a majority of the votes shall be declared elected to the board and shall take the oath of office on or before October 15 in the year of his or her election. In the event no candidate receives a majority of the votes cast, the board shall conduct a run-off election between the two candidates receiving the largest number of votes. The board shall cause the ballots pertaining to any run-off election to be mailed or digitally published on or before October 31 of the election year to all licensed dental hygienists who have renewed their licenses for the succeeding year as of October 1 of the current year, are residing and practicing in the state, and are currently registered as prescribed by law, and the ballots pertaining to the run-off election shall be postmarked or digitally submitted no later than the fourteenth day of November in the year of the run-off election and received, if mailed, by the secretary of the board no later than the first board workday following November 14. All mailed ballots received after November 14 shall be nullified. In the event of a run-off election, the dental hygienist candidate receiving the largest number of votes in the run-off election shall be declared elected to the board and shall take the oath of office and begin his or her term of office no later than the next scheduled board meeting.

c. All elections as described above shall be conducted by the board.

(3) The dental hygienist member shall be removed by a two-thirds vote of the registered dental hygienists in the state for neglect of duty or any just cause by petition to the secretary of the board by 10 percent of the licensed dental hygienists in the state.

(4) The dental hygienist member shall hold that position for a period of five years, which term shall begin immediately upon taking an oath to properly and faithfully discharge the duties of his or her office and continue until his or her successor is elected and qualified, and the member so elected or appointed shall not at the expiration of the term be eligible to succeed himself or herself. If a vacancy occurs in the position of dental hygienist, the unexpired term shall be filled by the board by the appointment of the immediate past dental hygienist member. If for any reason the immediate past dental hygienist member is unable to accept the appointment, then the board shall fill the vacancy by a majority vote of the other board members by the appointment of some other past dental hygienist member. If a vacancy occurs and there is not an immediate past dental hygienist member or other past dental hygienist member, the vacancy shall be filled by a unanimous vote of the board by the appointment of some otherwise qualified dental hygienist.

(5) The dental hygienist member shall advise the board on matters relating to dental hygiene and shall only be permitted to vote on matters relating to dental hygiene. The board shall provide the dental hygienist member with timely notice of all board meetings and the dental hygienist member shall be allowed to attend all meetings unless prohibited by law from attendance at any disciplinary hearings. The board shall not adopt any rule relating to the practice of dental hygiene unless the proposed rule has been submitted to the dental hygienist member for review and comment at least 30 days prior to its adoption. The dental hygienist member shall be entitled to the same compensation and expenses paid to dentist members of the board pursuant to Section 34-9-41.

(c) Any dentist or dental hygienist who has been found guilty of violating this chapter or any provision of a dental practice act of any other state and as a result his or her license was revoked, suspended, or placed on probation or who has been convicted of a felony, shall not be eligible for election or membership on the board for a period of five years from the termination of any such revocation, suspension, or probation.
Ala. Code § 34-27-33 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-33
Section 34-27-33 Examinations; Temporary and Original Salesperson Licenses; Post License Course Requirements. (Amended by Act 2025-379)
Status: in_force

AMENDED BY ACT 2025-379, EFFECTIVE OCTOBER 1, 2028. SEE ACT FOR REVISED LANGUAGE.

(a)(1) In addition to other requirements of this chapter, every applicant for a broker’s or salesperson’s license shall submit to a reasonable written examination. The commission shall conduct examinations at places and times it prescribes. The commission may contract with an independent testing agency to prepare, grade, or conduct the examination.

(2) Effective October 1, 2001, and thereafter, the fee for each examination and the provisions for payment and forfeiture shall be as specified in the contract with the independent testing agency.

(b) Within 90 days after passing the examination, the applicant shall secure a qualifying broker and meet all requirements of this chapter and the board shall issue an active license or classify the license as inactive. In order to obtain an active license, the applicant’s qualifying broker shall sign and submit to the commission a sworn statement that the applicant is in his or her opinion honest, trustworthy, and of good reputation and that the broker accepts responsibility for the actions of the salesperson as set out in Section 34-27-31. The applicant’s qualifying broker shall be licensed in Alabama.

(c)(1) On passing the examination and complying with all other conditions for licensure, a temporary license certificate shall be issued to the applicant. The applicant is not licensed until he or she or his or her qualifying broker actually receives the temporary license certificate. A temporary license shall be valid only for a period of one year following the first day of the month after its issuance.

(2) The holder of a temporary license shall not be issued an original license until he or she has satisfactorily completed a 30-hour post-license course prescribed by the commission. The holder of a temporary license must complete the course within six months of issuance of his or her temporary license and have his or her original license issued, otherwise his or her temporary license certificate shall automatically be placed on inactive status by the commission. During the remaining six months his or her temporary license is valid, the holder of a temporary license may complete the course and have his or her original license issued. If the holder of a temporary license does not complete the course and have his or her original license issued within one year following the first day of the month after its issuance, the temporary license shall automatically expire and lapse. A temporary license is not subject to renewal procedures in this chapter and may not be renewed.

(3) In order to have a temporary license issued to active status, the applicant shall pay the Recovery Fund fee specified in this chapter. The holder of a temporary license shall, upon satisfactory completion of the course, pay the original license fee specified in this chapter to have his or her original license issued. An applicant for an original license who has paid the Recovery Fund fee specified in this chapter shall not be required to pay another Recovery Fund fee in order to have his or her original license issued.

(4) The holder of an original license who has satisfactorily completed the postlicense course and whose original license has been issued, shall not be subject to the continuing education requirements in this chapter for the first renewal of his or her original license.

(d) This section shall become effective for licenses issued beginning October 1, 1993.
Ala. Code § 34-27-53 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-53
Section 34-27-53 Acts Constituting Violation of Article - Failure to Utilize, Etc., Fully Completed Copy of Contract
Status: reserved

It shall be a violation of this article for the seller of a vacation time-sharing plan to fail to utilize and furnish the buyer with a fully completed copy of a contract pertaining to such sale at the time of its execution which shall include:

(1) The actual date the contract is signed by all parties.

(2) The name and address of the seller.

(3) In immediate proximity to the space reserved in the contract for the signature of the buyer and in no smaller type than contained in the body of the contract:

a. In the case of a vacation time-sharing lease plan, the following statement:

“You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date. You may also cancel this contract at any time in case the accommodations or facilities are no longer available as provided in the contract. If you decide to cancel, you must notify the seller in writing of your intent to cancel by sending notice to (name of seller) by certified mail, return receipt requested at (seller’s address).”

b. In the case of a vacation time-sharing ownership plan, the following statement:

“You may cancel this contract without penalty or obligation within five days, not including Sunday if that is the fifth day, from the above date, by notifying the seller in writing of your intent to cancel, sending his notice thereof by certified mail, return receipt requested.”

c. It shall be a violation of this article for the seller of a vacation time-sharing ownership plan to fail to furnish the buyer with an inventory of all furniture, fixtures and appliances which will be located in the accommodation during the time period purchased under a vacation time-sharing ownership plan or at closing.
Ala. Code § 34-39-37 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-37
Section 34-39-37 Establishment of the Occupational Therapy Compact Commission
Status: in_force

(a) The compact member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission.

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

(2) The delegate shall be either:

a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

b. An administrator of the licensing board.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state licensing board shall fill any vacancy occurring on the commission within 90 days.

(5) Each delegate 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 delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

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

(7) The commission shall establish by rule a term of office for delegates.

(c) The commission shall have the following powers and duties:

(1) Establish a code of ethics for the commission;

(2) Establish the fiscal year of the commission;

(3) Establish bylaws;

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

(5) Meet and take such actions as are consistent with the provisions of this compact and the bylaws;

(6) 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 member states;

(7) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;

(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) 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;

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

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

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

(14) Establish a budget and make expenditures;

(15) Borrow money;

(16) Appoint committees, including standing committees composed 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;

(17) Provide and receive information from, and cooperate with, law enforcement agencies;

(18) Establish and elect an executive committee; and

(19) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice.

(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.

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

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

b. One ex-officio, nonvoting member from a recognized national occupational therapy professional association; and

c. One ex-officio, nonvoting member from a recognized national occupational therapy certification organization.

d. The ex-officio members will be selected by their respective organizations.

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

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

(5) The executive committee 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 member states such as annual dues, and any commission compact fees charged to licensees for the privilege to practice within the compact;

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; and

g. Perform other duties as provided in rules or bylaws.

(e) Meetings of the commission.

(1) 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 34-39-39.

(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:

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

b. The employment, compensation, discipline or other 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;

d. Negotiation of contracts for the purchase, lease, 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 investigative records compiled for law enforcement purposes;

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

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

(3) 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.

(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 by a majority vote of the commission or order of a court of competent jurisdiction.

(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 on and collect an annual assessment from each member 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 member 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 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 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; provided, that nothing in this subdivision shall be construed to protect any person from suit, liability, or both, 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; provided that nothing herein 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 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 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 or willful or wanton misconduct of that person.
Ala. Code § 34-3-23 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-23
Section 34-3-23 Authority of Attorneys in Case - Proof
Status: in_force

The court or judge may, on motion of either party and on being shown reasonable grounds therefor, require the attorney for the adverse party, or for one of the several adverse parties, to produce or prove the authority under which he or she appears and, until he or she does so, may stay all proceedings by him or her on behalf of the party for whom he or she assumes to appear; but the oath of the attorney is presumptive evidence of his or her authority.
Ala. Code § 34-14-11 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-11
Section 34-14-11 Powers and Duties of Board
Status: in_force

(a) The board shall perform the following duties:

(1) Authorize all disbursements necessary to carry out the provisions of this chapter;

(2) Register persons who apply to the board who are qualified to engage in the fitting and sale of hearing instruments;

(3) Administer, coordinate, and enforce this chapter, evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter, issue and renew licenses and permits under this chapter, and investigate allegations of violations of this chapter;

(4) Promulgate rules and regulations necessary to carry out the provisions of this chapter and to establish consumer protection provisions, provisions for prohibited practices, and requirements for businesses;

(5) Issue and renew a dispenser’s license to sell and fit hearing instruments to any person who is duly licensed under the laws of this state as an audiologist; and

(6) Furnish a list of persons licensed under this chapter, upon request and payment of the required fee.

(b) The board shall be authorized to review individual appeals for exemption from required certification for a dispenser’s license.

(c) The board may subpoena witness’s testimony and records for any official hearing or proceeding of the board.
Ala. Code § 34-28A-42 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-42
Section 34-28A-42 Powers and Duties of Board Generally; Administrative Fines
Status: in_force

(a) The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter and shall, at its discretion, investigate allegations of practices violating the provisions of this chapter.

(b) The board shall adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish ethical standards of practice, and for other purposes, and may amend or repeal the same in accordance with the administrative procedures of this state. Following their adoption, the rules and regulations shall govern and control the professional conduct of every person who holds a license to practice speech-language pathology and audiology in this state.

(c) The board shall, by appropriate rules and regulations, make provisions for the continuing professional education of persons subject to this chapter, not later than October 1, 1991.

(d) Upon the request of any person, the board shall furnish a list of persons licensed under this chapter.

(e) The board shall promulgate rules and regulations necessary to provide for registration and supervision of applicants for licensure while the applicant is meeting the professional experience requirement enumerated in subdivision (4) of Section 34-28A-21.

(f) The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general functions conferred by this section.

(g) The board is hereby authorized to discipline its licensees by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation, and is further authorized to institute any legal proceedings necessary to effect compliance with this chapter.
Ala. Code § 34-24-364 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-364
Section 34-24-364 Witnesses - Per Diem and Travel Expense
Status: in_force

Any witness attending any such hearing or investigation shall immediately upon his or her discharge as a witness be paid by the party requesting the subpoena an amount not to exceed the per diem expense allowed to Alabama state employees for in-state travel and the actual cost of his or her transportation to and from the place of the hearing; not to exceed the mileage rate allowed to Alabama state employees for in-state travel.
Ala. Code § 34-27C-8 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-8
Section 34-27C-8 Training Requirements
Status: in_force

(a) A person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved training with a certified trainer. Initial board approved training shall consist of a minimum of eight hours. Specific initial training requirements may be outlined, defined, and modified by board rule.

(b) After initial licensure or certification in accordance with this chapter, security officers and armed security officers shall complete board approved refresher training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(c) In addition to the requirements of subsections (a) and (b), a person seeking initial licensure or certification as an armed security officer shall have completed board approved firearms safety training. Specific requirements for firearms safety training may be outlined, defined, and modified by board rule.

(d) After initial licensure or certification, an armed security officer shall complete board approved refresher firearms safety training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(e) In addition to the requirements of subsections (a) to (d), inclusive, a person seeking initial licensure or certification as a security officer or armed security officer shall have completed board approved use of force training. Specific requirements for use of force training may be outlined, defined, and modified by board rule.

(f) After initial licensure or certification, security officers and armed security officers shall complete board approved refresher use of force training before submitting an application for licensure or certification renewal. Specific refresher training requirements may be outlined, defined, and modified by board rule.

(g) The following persons are exempt from the basic training requirements of subsections (a) to (f), inclusive, except to the extent set forth below:

(1) Any security officer or armed security officer who, within three years before applying for licensure or certification, completed basic security training through a military, government, or security training institute that meets or exceeds the training required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.

(2) Any security officer or armed security officer employed by a contract security company that has a training curriculum and standards that the board determines, upon presentation of proof of training, meet or exceed those required by this chapter. The board shall examine proof of training before declaring an applicant exempt. An initial exemption granted pursuant to this subdivision does not exempt an applicant from annual training requirements or refresher training requirements.

(3) Any person who is employed as a sworn peace officer.

(h) The minimum training standards provided in this section are in addition to any qualifications required by an employing contract security company.
Ala. Code § 34-34B-5 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-5
Section 34-34B-5 Obtaining a New Home State License Based on a Compact Privilege
Status: in_force

(a) A licensee may hold a home state license, which allows for a compact privilege in other member states, in only one member state at a time.

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

(1) The licensee shall file an application for obtaining a new home state license based on a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with the rules of the compact commission.

(2) Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state shall verify that the licensee meets the criteria in Section 34-34B-4 via the data system and require that the licensee complete all of the following:

a. A Federal Bureau of Investigation fingerprint-based criminal history record information check.

b. Any other criminal history record information required by the new home state.

c. Any jurisprudence requirements of the new home state.

(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the compact commission.

(4) Notwithstanding any other provision of this compact, if the licensee cannot meet the criteria in Section 34-34B-4, the new home state may apply its requirements for issuing a new single-state license.

(5) The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If a licensee changes his or her state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.

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

(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
Ala. Code § 34-40-15 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-15
Section 34-40-15 Unauthorized Activities
Status: in_force

(a) Nothing in this chapter shall authorize an athletic trainer to engage in the practice of medicine; to diagnose, treat, or cure any human disease, illness, ailment, infirmity, pain, or other condition that is not an athletic injury; to perform surgery of any type or description; or to prescribe any drug or medical device.

(b) Nothing in this chapter shall allow an athletic trainer to hold himself or herself out, or practice, as a physical therapist, occupational therapist, clinical nutritionist, or chiropractic physician. Nothing in this chapter shall allow an athletic trainer to perform spinal manipulation. However, nothing in this chapter shall be construed to restrict an athletic trainer from practicing within the scope of practice as otherwise provided under this chapter.

(c) Nothing in this chapter shall modify, amend, repeal, or supersede any provision of the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to or judicial interpretation of those laws.
Ala. Code § 34-25-24 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-24
Section 34-25-24 Applicant with Out-of-State License
Status: in_force

An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the board, in its discretion, upon payment of the appropriate fees as provided in Section 34-25-26 and the production of satisfactory proof that:

(1) He is at least 21 years of age;

(2) He is a citizen of the United States;

(3) He is of good moral character;

(4) The requirements for the licensing of polygraph examiners in such particular state or territory of the United States were at the date of the applicant’s licensing therein substantially equivalent to the requirements now in force in this state;

(5) The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two years prior to the application for license hereunder;

(6) Such other state or territory grants similar reciprocity to license holders of this state; and

(7) He has complied with Section 34-25-23.
Ala. Code § 34-15B-14 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-14
Section 34-15B-14 Relation to State and Local Construction Codes, Etc
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-2-35 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-35
Section 34-2-35 Seal of Registrant; Violations
Status: in_force

(a) Each registrant must obtain a seal of a design authorized by the board bearing the registrant’s name, the legend registered architect, the words “State of Alabama,” and the registrant’s license registration number.

(b) Nothing in this chapter shall prevent a registered architect from being employed by a person, firm, partnership, corporation, or professional corporation.

(c) Plans, specifications, plates, and reports, and all documents prepared by an architect which are issued by a registrant must be stamped with the seal during the life of a registrant’s certificate.

(d) It shall be unlawful for anyone to stamp or seal any document with the seal after the certificate or the registrant named thereon has expired or been suspended or revoked.

(e) It shall be unlawful for an architect or any other individual to stamp, to cause to be stamped, or to allow to be stamped any document or documents which were not prepared under the responsible control of the registered architect whose stamp is to be affixed thereon.

(f)(1) On or after July 22, 1987, it shall be unlawful:

a. To practice architecture in a branch office not under the day-to-day supervision of a registered architect.

b. For an architect to falsely represent himself or herself as being in responsible control of architectural work or to permit his or her seal, or image thereof, to be used by another for any purpose.

(2) Violations described in subdivision (1) shall be penalized as provided in Section 34-2-36.
Ala. Code § 34-24-301 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-301
Section 34-24-301 Temporary Licenses
Status: in_force

(a) The board may, in its discretion, grant a temporary license to an applicant who meets the qualifications for licensure as an assistant to physician except that the applicant has not taken the Physician Assistant National Certification Examination (PANCE) or the National Certifying Examination for Anesthesiologist Assistants (NCEAA) for the first time or the applicant has taken the PANCE or the NCEAA for the first time and is awaiting the results. A temporary license is valid:

(1) For one year from the date issued, or

(2) Until the results of an applicant’s examination are available, or

(3) Until the board makes a final decision on the applicant’s request for licensure as an assistant to physician, whichever comes first.

(b) Assistants to physicians granted a temporary license will not be granted prescriptive privileges, allowed to practice without direct, on-site physician supervision, or allowed to practice in a remote practice site.

(c) The board, in its discretion, may waive the requirements in subsection (b).

(d) An assistant to physician who is granted a temporary license shall not practice or offer to practice in this state unless he or she is registered by the board in accordance with this article and the rules of the board.

(e) There shall be no independent unsupervised practice by an assistant to physician who is granted a temporary license.
Ala. Code § 34-21A-17 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-17
Section 34-21A-17 Applicability of Licensing Provisions
Status: in_force

After December 31, 1999, individuals not currently licensed will be required to follow the requirements for license application, including completing required training and successfully passing any required examination.
Ala. Code § 34-26-43.1 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-43.1
Section 34-26-43.1 Fees; Background Checks; Fingerprints; Confidentiality
Status: in_force

(a) The Board of Examiners in Psychology shall charge each candidate for licensure as a psychologist or psychological technician a fee sufficient to cover the entire actual costs of the examination of the applicant as well as the cost of criminal history and civil background checks of the applicant.

(b) Applicants for licensure as a psychologist or psychological technician shall submit to a criminal history background check.

(c) The applicant shall provide fingerprints and shall execute a criminal history information release using forms provided to the applicant by the board.

(d) The applicant is responsible for having his or her fingerprints made.

(e) The applicant shall provide to the board office his or her completed fingerprint cards, along with a cashier’s check or money order made payable to the Alabama State Law Enforcement Agency (ALEA) in the amount sufficient to cover the actual cost of the background check. The board shall submit the fingerprint cards to ALEA.

(f) ALEA shall be responsible for forwarding applicants’ fingerprints to the Federal Bureau of Investigation for a national criminal history record check.

(g) Information received by the board pursuant to a criminal history background check shall be confidential and shall not be a public record, except that such information received by and relied upon by the board in denying the issuance of a certificate of qualification may be disclosed as may be necessary to support the denial.
Ala. Code § 34-39-13 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-13
Section 34-39-13 Expiration and Renewal of Licenses; Fee; Continuing Education; Late Fee
Status: in_force

(a) All licenses under this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules and regulations of the board upon the payment of a renewal fee. The board may set a required number of continuing education units for license renewal. The board may provide for a late renewal of license upon payment of a late renewal fee. Any license which has not been restored within three years following its expiration may not be renewed, restored, or reissued thereafter. The holder of such an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.

(b) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in other conduct or activity in violation of the license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the reorder or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.
Ala. Code § 34-27A-27 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-27
Section 34-27A-27 Alabama Real Estate Appraisers Board Fund
Status: in_force

There is established a separate special revenue trust fund in the State Treasury to be known as the Alabama Real Estate Appraisers Board Fund. All receipts collected by the board under this article and any interest earned on funds in the fund shall be deposited in this fund and used only to carry out this article. The receipts shall be disbursed only by warrant of the state Comptroller upon the State Treasurer, upon itemized vouchers approved by the executive director of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations bill or other appropriate bills.
Ala. Code § 34-15B-10 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-10
Section 34-15B-10 Penalties for Violations of Chapter
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-26-66 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-66
Section 34-26-66 Violations
Status: in_force

No person shall hold himself or herself out to the public as a licensed psychological technician or practice as a psychological technician unless licensed by the board. Failure to comply with this section shall constitute a Class B misdemeanor.
Ala. Code § 34-25B-5 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-5
Section 34-25B-5 Alabama Private Investigation Board - Quasi-Judicial Body; Liability of Members
Status: in_force

(a) The board is declared to be a quasi-judicial body. Absent negligence, wantonness, recklessness, or deliberate misconduct, the members and the employees of the board are granted immunity from civil liability and may not be liable for damages when acting in the performance of their duties under this chapter.

(b) Board members and employees shall be defended by the Attorney General in regard to any criminal or civil litigation filed against them based on the performance of their official duties under this chapter.
Ala. Code § 34-25B-26 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-26
Section 34-25B-26 Continuing Professional Education
Status: in_force

(a) Each private investigator licensee shall complete 16 hours of continuing professional education, including two hours of ethics instruction, acceptable to the board in each two-year renewable licensing period.

(b) The board shall adopt rules as necessary to implement this section.
Ala. Code § 34-9-82 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-82
Section 34-9-82 Requirements for Treatment
Status: in_force

(a) A dentist using oral conscious sedation must comply with all of the following requirements:

(1) Patients to be treated under oral conscious sedation must be suitably evaluated prior to the start of any sedation procedure. Using the American Society of Anesthesiologists Patient Physical Status classifications the dentist should determine that the patient is an appropriate candidate for oral conscious sedation.

(2) The patient or guardian must be advised regarding the procedure associated with the delivery of any sedative agents and the appropriate written informed consent should be obtained.

(3) Inhalation equipment used in conjunction with oral conscious sedation must be evaluated prior to use on each patient. Determination of adequate oxygen supply must be completed prior to use with each patient.

(4) Appropriate verbal or written preoperative and postoperative instructions must be given to the patient or guardian.

(5) Baseline vital signs should be obtained unless the patient’s behavior prohibits such determination.

(6) Pretreatment physical evaluation should be performed as deemed appropriate.

(7) All medications and dosages used during an oral conscious sedation procedure must be recorded in the patient’s record of treatment.

(8) An emergency cart or kit must be readily accessible and must be available for immediate use during any sedation procedure.

(9) The only classification of drugs for sedation to be administered enterally by a responsible adult procedurally outside the treatment facility is minor tranquilizers. Minor tranquilizers (i.e., hydroxyzine or diazepam) do not include chloral hydrate or narcotics.

(10) Direct clinical observation and monitoring of the patient by a staff member must be continuous during the recovery period. The dentist shall assess the patient’s responsiveness and must determine that the patient has met discharge criteria prior to leaving the office and the patient must be discharged into the care of a responsible person.

(b) It shall be incumbent upon the operating dentist to insure that the patient is appropriately monitored. A sedated patient must be continuously kept under direct clinical observation by a trained individual. The sedated patient’s oxygen saturation must be monitored by pulse oximetry. Chest excursions must be observed and the color of mucosa and skin continually evaluated. Back-up emergency services should be identified and a protocol outlining necessary procedures for their immediate employment should be developed and operational for each facility.

(c) Any dentist utilizing oral conscious sedation procedures must have a properly equipped facility staffed with a supervised team of allied dental personnel who will be appropriately trained and capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. When inhalation equipment is used, in combination with orally administered sedatives, it must have a failsafe system that is appropriately checked and calibrated. The inhalation equipment must have the capacity for delivering 100 percent oxygen, and never less than 25 percent oxygen. A system for delivering oxygen must be available and must have adequate full-face mask and appropriate connectors, and be capable of delivering oxygen under positive pressure to the patient. Inhalation equipment must have a scavenging system. Suction equipment must be available that allows aspiration of the oral and pharyngeal cavities. A stethoscope and a sphygmomanometer with cuffs of appropriate size shall be immediately available.