Ala. Code § 34-8A-84 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-84
Section 34-8A-84 Disciplinary Sanction Alternatives; Reporting Requirements
Status: in_force

(a) The wellness program is a confidential non-punitive alternative to disciplinary sanction for an impaired licensee who voluntarily seeks medical intervention, evaluation, treatment, counseling, or rehabilitation for his or her impairment.

(b)(1) A licensee who does all of the following may not be reported by the Alabama Licensed Counselor Wellness Committee to the board for violating Section 34-8A-24:

a. Voluntarily commits to the committee for treatment of an impairment.

b. Successfully completes the recommended course of treatment and therapy.

c. Abides by the terms and conditions of any recommended aftercare agreements for the period of time specified.

d. Continues the private practice of counseling with reasonable skill and safety and free from impairment.

(2) A licensee who completes treatment or rehabilitation, or both, and aftercare as recommended by the committee shall truthfully respond to all inquiries by employers, state or federal licensing or regulatory agencies, credentialing bodies, courts, malpractice insurance carriers, and specialty boards concerning his or her treatment, rehabilitation, and aftercare, and the committee shall advocate on behalf of and provide support for the licensee before those entities.

(3) A licensee who knows or has reason to know that another licensee is impaired, shall report that information to the committee. A report to the committee shall be deemed to be a report to the board for the purpose of mandatory reporting requirements.

(4) If the board has reasonable cause to believe that a licensee is impaired, the board may order an evaluation of the licensee by an appropriate medical professional to determine if an impairment exists. The committee shall report its findings to the board.

(5) If the board, as a result of an investigation or an evaluation, finds that a licensee may be impaired, the board may administratively report that finding to the committee and request that the licensee be evaluated by an appropriate medical professional. The board shall provide information to the committee as necessary to perform an intervention and evaluation. The committee shall report its findings and recommendations to the board and provide follow-up reports upon request of the board.

(6) The committee shall report to the board the name of any licensee who the committee believes may be impaired and who also satisfies any of the following:

a. Has failed or refused to follow the recommendations of the committee for evaluation, treatment, or rehabilitation.

b. Has discontinued an evaluation, treatment, or rehabilitation against medical advice.

c. Has failed to abide by the terms and conditions of an aftercare agreement with the committee.

d. Whose continuation in practice, in the opinion of the committee, constitutes a threat to the safety of his or her clients or to the public.

(7) Any report to the board made by the committee pursuant to this section may include reports, evaluations, treatment records, medical records, documents, or other information relevant to the licensee, unless specifically prohibited by federal law, and notwithstanding any state law that provides the reports, evaluations, treatment records, medical records, documents, or other information are confidential or privileged. All reports, evaluations, treatment records, medical records, documents, or other information received by the board in a committee report submitted pursuant to this subsection is privileged and confidential and shall not be a public record nor available for court subpoena or for discovery proceedings, unless the impaired licensee’s impairment was the conduct at issue in a civil or criminal action and the court determines through an in camera review that the evidence of the licensee’s impairment is substantially more probative than prejudicial. Such information may be used by the board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the board. Records otherwise available from original sources may not be construed as immune from discovery or use in any civil proceeding merely because the records were presented during a proceeding of the committee.

(8) A licensee may be disciplined or sanctioned by the board with a voluntary or involuntary restriction on his or her license to practice counseling, which requires the licensee to enter into and comply with an aftercare agreement proposed by the committee. The committee shall report to the board any violation or deviation by the licensee of the terms and conditions of his or her aftercare agreement.
Ala. Code § 34-9-8 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-8
Section 34-9-8 Dental Facility Teaching Permits; Dental Facility Special Teaching Permits
Status: in_force

(a) The board shall annually issue dental faculty teaching permits to persons who are bona fide members of the faculty of a dental college, if they hold a dental degree but are not licensed and registered to practice dentistry or dental hygiene in the state. The dean of any dental college located in the state shall annually certify to the board the bona fide members of the clinical faculty of the college who are not licensed and registered to practice dentistry or dental hygiene in the state. The board shall issue teaching permits to applicants upon the certification by the dean. The teaching permits shall be invalid if the holder ceases to be a member of the clinical faculty of the dental college. The dean of any dental college shall promptly notify the board regarding changes in the faculty which affect the eligibility of a faculty member to possess a teaching permit. The holder of a teaching permit shall be subject to this chapter and may perform all clinical operations which a person licensed to practice dentistry or dental hygiene in the state is entitled to perform. The operations may only be performed within the facilities of the dental college or any other facility approved by the board as an adjunct to his or her teaching functions in the college. An annual fee established pursuant to this chapter shall be paid to the board when the teaching permit is issued.

(b) The board shall annually issue dental faculty special teaching permits to persons who are bona fide members of the faculty of a dental college if they hold a dental degree but are not licensed and registered to practice dentistry or dental hygiene in the state. The dean of any dental college located in the state shall annually certify to the board the bona fide members of the clinical faculty of the college who are not licensed and registered to practice dentistry or dental hygiene in the state. The board shall issue special teaching permits to applicants upon certification by the dean. The special teaching permits shall be invalid if the holder ceases to be a member of the clinical faculty of the dental college. The dean of any dental college shall promptly notify the board regarding changes in the faculty which affect the eligibility of a faculty member to possess a special teaching permit. The holder of a special teaching permit shall be subject to this chapter and may perform all clinical operations on his or her private patients which a person licensed to practice dentistry or dental hygiene in the state is entitled to perform. The clinical operations may only be performed within the faculty private practice facilities of the dental college or any other facility approved by the board. An annual fee established pursuant to this chapter shall be paid to the board when the special teaching permit is issued.
Ala. Code § 34-27-100 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-100
Section 34-27-100 Definitions
Status: in_force

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

(1) ACTUAL INTRODUCTION. Either of the following:

a. When the buyer, seller, landlord, or tenant has been referred to the real estate licensee by the person or entity seeking the referral fee prior to the time the customer has executed a real estate brokerage services disclosure form or waived execution in writing or the customer has executed a buyer’s agency agreement, property listing agreement, or a transaction brokerage agreement.

b. For real estate transactions in which the law of this state does not require the presentation of a real estate brokerage services disclosure form, when the buyer, seller, landlord, or tenant has been referred to the real estate licensee by the person or entity seeking the referral fee prior to any contact between the buyer, seller, landlord, or tenant and the real estate licensee during which their real estate business has been discussed. Any such referral agreement between real estate licensees must be in writing. Any attempt to present an unlawful referral agreement is prohibited.

(2) INTERFERENCE WITH A REAL ESTATE BROKERAGE RELATIONSHIP. Demanding a referral fee from a real estate licensee when reasonable cause for payment does not exist. The term may also include a threat by a third party to reduce, withhold, or eliminate any relocation or other benefits, or the actual reduction, withholding, or elimination of any relocation or other benefit, in order to generate a referral fee from a real estate broker when reasonable cause for payment does not exist. Notwithstanding the foregoing, neither of the following shall constitute interference with a real estate brokerage relationship:

a. Communications between an employer or its representative and an employee concerning relocation policies and benefits.

b. Advising a party of the right to allow a brokerage relationship to expire pursuant to its own terms or not to renew the brokerage relationship upon expiration.

(3) REAL ESTATE BROKERAGE RELATIONSHIP. A relationship entered into between a real estate broker or salesperson and a buyer, seller, landlord, or tenant under which the real estate broker or salesperson engages in any of the acts set forth in Alabama real estate license law, but the relationship does not exist prior to actual introduction of the relationship as provided in subdivision (1).

(4) REASONABLE CAUSE FOR PAYMENT. When an actual introduction of business has been made, a subagency relationship between brokers exists, a contractual referral fee relationship or other agreement exists, or a contractual cooperative brokerage relationship exists.

(5) REFERRAL FEE. Any fee or commission paid by a real estate licensee to any person or entity, other than a cooperative commission offered by a listing real estate broker to a selling real estate broker or by a selling real estate broker to a listing real estate broker.
Ala. Code § 34-31-23 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-23
Section 34-31-23 Board of Heating, Air Conditioning, and Refrigeration Contractors - Regular Meetings
Status: in_force

The board shall meet in a regular session to perform its lawful duties at least once each three-month period.
Ala. Code § 34-1A-8 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-8
Section 34-1A-8 General Applicability
Status: in_force

(a) This chapter and the rules and regulations promulgated pursuant to this chapter shall have uniform force and effect throughout the state. A municipality or county shall not enact an order, ordinance, rule, or regulation requiring a person or business entity to obtain a certification from the municipality or county, other than proof of a valid license issued by the board.

(b) This chapter shall not affect any general statute or municipal ordinance requiring a business license for a system installer.

(c) Nothing in this chapter limits the power of a municipality, a county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of licenses, fees, and inspections otherwise authorized by law for the protection of the public health and safety.
Ala. Code § 34-24-167 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-167
Section 34-24-167 Refusal, Revocation, or Suspension - Notice of Hearing; Procedure
Status: in_force

(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice in writing delivered either by personal service as in civil actions or by certified mail, return receipt requested. Delivery of the notice referred to in this subsection shall constitute commencement of the contested case proceeding.

(b) The notice shall include:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A short and plain statement of the matters asserted. If the State Board of Chiropractic Examiners is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished; and

(5) The summons and complaint shall be mailed at least 35 days prior to the scheduled date of the hearing. The board may specify in its rules and regulations the period for reasonable notice in the event service is refused or returned.

(c) If a party fails to appear in a contested case proceeding after proper service of notice, the presiding officer may, if no adjournment is granted, proceed with the hearing and make a decision in the absence of the party.

(d) Opportunity shall be afforded all parties to respond and present evidence and argument on all material issues involved and to be represented by counsel at their own expense.

(e) Informal dispositions may be made of any contested case by stipulation, agreed settlement, consent order or default or by another method agreed upon by the parties in writing. The attorney for the State Board of Chiropractic Examiners shall have the authority to make any settlement offer to any respondent in a disciplinary proceeding. Such offer shall not be binding upon the State Board of Chiropractic Examiners.

(f) The record in a contested case shall include:

(1) All pleadings, motions, and intermediate rulings;

(2) All evidence received or considered and all other submissions;

(3) A statement of all matters officially noticed;

(4) All questions and offers of proof, objections, and rulings thereon;

(5) All proposed findings and exceptions;

(6) Any decision, opinion, or report by the hearing officer at the hearing; and

(7) All staff memoranda or data submitted to the hearing officer or members of the board in connection with their consideration of the case.

(g) Oral proceedings shall be open to the public. Oral proceedings shall be recorded either by mechanized means or by qualified shorthand reporters. Oral proceedings or any part thereof shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. The recording or stenographic notes of oral proceedings or the transcription thereof shall be filed with and maintained by the board for at least five years from the date of the decision and shall be made available for inspection by the public, except in those cases where the proceedings shall be ordered sealed by order of the court.
Ala. Code § 34-13-271 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-271
Section 34-13-271 Propriety of Expenditures; Income Payments to Cemetery Authority
Status: in_force

The trustee shall not be required to inquire into the propriety of the expenditures made by the cemetery authority in connection with endowment care of the cemetery, and it shall not be held responsible in any manner whatsoever for and on account of payments of the income from the endowment care fund made to the cemetery authority.
Ala. Code § 34-37-4 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-4
Section 34-37-4 Meetings, Compensation, and Expenses of Board
Status: in_force

(a) The board shall meet when necessary for the proper performance of its duties, but in no case less than once a year. Meetings shall be held at places in the state as the board deems necessary. At its first meeting next following May 2, 1989, and every two years thereafter, the board shall organize itself by electing from its membership a chair, vice-chair, and a recording secretary. The board shall appoint, employ, or contract with an executive director for the board, and may appoint, employ, or contract with a deputy director, neither of whom shall be subject to the state Merit System. The executive director shall serve as treasurer of the board, but the deputy director may serve as treasurer of the board in the absence of the executive director or when otherwise directed by the board. The executive director and the deputy director shall not be a member of the board and shall not be engaged or otherwise connected with the plumbing or gas fitting industry. The board shall set the compensation of the executive director and the deputy director in accordance with regulations of the State Personnel Board. Four members of the board shall constitute a quorum for transacting business. Each member of the board shall receive as compensation for services the sum of two hundred dollars ($200) per day for each day spent in active service for the board. In addition to per diem compensation, each board member shall be reimbursed for any necessary expense incurred in performing duties as a board member. The expenses allowable to each board member shall not exceed the per diem amount of state travel expenses allowed by law, from time to time, for state employees traveling on state business. Employees of the board shall also be entitled to reimbursement for traveling expenses incurred when traveling on official board business at the rate for state employees traveling on state business. The board may employ or contract for stenographic or clerical help and compliance officers when needed, and may purchase necessary office supplies, equipment, and services.

(b) The compensation and expense provided for in this section, and all other authorized expenses, shall be payable solely from fees collected by or on behalf of the board. In no event shall any expense incurred by the board be charged against any funds of the State of Alabama other than the funds collected under this chapter.
Ala. Code § 34-21-97 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-97
Section 34-21-97 Areas of Critical Need
Status: in_force

(a) An area of critical need, as determined by the board, shall be physically located within this state and shall satisfy one of the following:

(1) Be located within a primary care health professional shortage area (HPSA) for a geographic area, recognized by the Health Resources and Services Administration, or its successor organization, or by the Alabama Office of Primary Care and Rural Health, or its successor organization.

(2) Be a Federally Qualified Health Center or designated Indian Health Service, Tribal Health, and Urban Indian Health Organization located anywhere within the state, with a primary care HPSA score of 14 or more.

(3) Be located within an eligible Alabama Rural Medical Service Awards rural community as defined most recently by the Alabama Office of Primary Care and Rural Health, or its successor organization.

(b) The board shall adopt rules under the Administrative Procedure Act to implement this section.
Ala. Code § 34-22-107 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-107
Section 34-22-107 Limitations or Restrictions to Employment on Basis of Treatment Prohibited
Status: in_force

An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this article shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of treatment program participation.
Ala. Code § 34-38-6 — Alabama Code / Title 34 / Chapter 38 / Section 34-38-6
Section 34-38-6 Confidentiality of Information, Records, and Proceedings
Status: in_force

All information, interviews, reports, statements, memorandums, or other documents furnished to or produced by the Alabama Impaired Professionals’ Committee and any findings, conclusions, recommendations, or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other related proceedings of such committee are declared to be privileged and confidential. All records and proceedings of such committee shall be confidential and shall be used by such committee, the members thereof, and the boards, only in the exercise of the proper functions of the committee and the boards, and shall not be public records nor available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Alabama Impaired Professionals’ Committee.
Ala. Code § 34-14C-5 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-5
Section 34-14C-5 Exemptions
Status: in_force

The licensure requirements of this chapter do not apply to the following entities or practitioners:

(1) Home health agencies certified by the State of Alabama to participate in the Medicare and Medicaid programs.

(2) Hospital based home medical equipment services, whether or not the services are provided through a separate corporation or other business entity.

(3) Health care practitioners legally eligible to order or prescribe home medical equipment, or who use home medical equipment to treat patients in locations other than the patient’s residence, including, but not limited to, physicians, nurses, physical therapists, respiratory therapists, speech therapists, occupational therapists, optometrists, chiropractors, and podiatrists, except for those practitioners, other than a licensed physician practicing medicine, who provide home medical equipment services in a patient’s residence.

Nothing in this chapter shall be construed as prohibiting or restricting a licensed physician who is practicing medicine, nor shall anything in this chapter be construed as requiring a physician practicing medicine, to be licensed as a home medical equipment services provider.

(4) Manufacturers and wholesale distributors, when not selling directly to a patient.

(5) Retail community pharmacies, including providers of home infusion therapy services.

(6) Hospice programs, except programs which provide home medical equipment services, including delivery to a patient’s residence.

(7) Skilled nursing facilities, except facilities which provide home medical equipment services, including delivery to a patient’s residence.

(8) Governmental agencies, including fire districts which provide emergency medical services, and contractors to governmental agencies whose business deals only with the contracted agency.

(9) Mail order companies, as defined by rule of the board.

(10) Out-of-state providers of home medical equipment and services provided in accordance with state or federal law or regulation to Alabama Medicaid recipients.

(11) A provider of home medical equipment or services that manufactures and distributes its own company-branded power operated or durable insulin infusion pumps or continuous glucose monitors and related supplies.
Ala. Code § 34-31-27 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-27
Section 34-31-27 Citizenship; Application Forms
Status: in_force

All applicants for examinations and certificates and all applicants for renewal certificates shall be citizens of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, and shall be required to fill out a form which shall be provided by the board.
Ala. Code § 34-24-216 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-216
Section 34-24-216 Renewal of License; Continuing Education
Status: in_force

(a) All licenses issued by the board to physical therapists and physical therapist assistants shall expire on the first day of October of the year next succeeding the issuance thereof. A license may be renewed on the payment, on or before November first of each year, to the board of a fee set by the board. A license which has expired may, within five years of its expiration date, be renewed on the payment to the board of a fee set by the board for each year or part thereof during which the license was ineffective and the payment of a restoration fee set by the board. After the five-year period, a license may be obtained only by complying with the provisions hereinabove relating to the issuance of an original license.

(b) The board shall adopt a program of continuing education for its licensees not later than October 1, 1991. After such date, successful completion of the annual continuing education program shall be a requisite for the renewal of licenses issued pursuant to this chapter.

(c) Provided, however, under the provisions of this chapter, continuing education shall not result in a passing or failing grade.
Ala. Code § 34-27-86 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-86
Section 34-27-86 Misrepresentation or False Information Given by Licensee
Status: in_force

(a) A client is not liable for a misrepresentation made by a licensee in connection with the licensee providing brokerage services unless the client knows or should have known of the misrepresentation or the licensee is repeating a misrepresentation made by the client to the licensee.

(b) A licensee shall not be liable for providing false information to a party in a real estate transaction if the false information was provided to the licensee by a client of the licensee or by a customer or by another licensee unless the licensee knows or should have known that the information was false.
Ala. Code § 34-30-30 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-30
Section 34-30-30 Practice of Social Work in Partnerships, Groups, Etc
Status: in_force

Nothing contained in this chapter shall prohibit licensed independent clinical social workers from practicing social work as partners or in groups, or from pooling fees and money received either by the partnerships or groups or by the individual members thereof for professional services furnished by any individual licensed independent clinical social worker, member or employee of such partnership or group, nor shall those constituting the partnership or groups be prohibited from sharing, dividing, or apportioning the fees and moneys received by them or by the partnership or group in accordance with partnership or other agreements, provided the certificate for doing business shall have been filed pursuant to law.
Ala. Code § 34-4-53 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-53
Section 34-4-53 Compensation of Members
Status: in_force

Members of the board shall each receive compensation in an amount of three hundred dollars ($300) per day and travel allowance as is paid to state employees for each day spent on work made necessary by this chapter.
Ala. Code § 34-1-22 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-22
Section 34-1-22 Disposition of Fees and Charges; Disbursements
Status: in_force

All fees and charges provided for in this chapter shall be paid to the board and, upon collection thereof, shall be deposited in the State Treasury to the credit of the Alabama State Board of Public Accountancy, except for the examination fees collected by the board’s designee as provided for in Section 34-1-4. The State Treasurer shall keep all moneys in a separate fund to be known as “Fund of the Alabama State Board of Public Accountancy,” which fund shall be expended and drawn against solely for the purposes of this chapter as herein provided. For the purpose of carrying out the objects of this chapter and for the exercise of the powers herein granted, the board shall have the power to direct the disbursement of the fund. All compensation, expenses, and charges incurred for the purposes of this chapter shall be paid from the fund and shall be paid on warrant of the state Comptroller upon certificate or voucher of the treasurer of the board, and of such separate fund such sums as are necessary are hereby appropriated. No compensation, expenses, or charges incurred under this chapter shall be a charge against the general funds of this state, and no part of the special fund herein provided shall revert to the general funds of the state. Fees and charges provided for in this chapter shall be in addition to any licenses which are now or may hereafter be levied on behalf of the state or any political subdivision thereof.
Ala. Code § 34-27A-21 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-21
Section 34-27A-21 Revocation or Suspension of License or Certificate - Notice; Representation; Subpoena and Deposition Power
Status: in_force

(a) Before suspending or revoking any license or certification, the board shall notify the appraiser in writing of any charges made at least 20 days prior to the date set for the hearing and shall afford him or her an opportunity to be heard in person or by counsel.

(b) The written notice may be served either personally or sent by registered or certified mail to the last known business address of the appraiser.

(c) The board shall have the power to subpoena and issue subpoenas duces tecum and to bring before it any person in this state, and to take testimony by deposition, in the same manner as prescribed by law in judicial proceedings in the courts of this state.
Ala. Code § 34-13-133 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-133
Section 34-13-133 Leave of Absence
Status: in_force

The board has power to grant leaves of absence and to grant extensions thereof to apprentices registered under the provisions of this chapter. However, no credit shall be given to an apprentice upon his or her apprenticeship for the period during which he or she is absent from duty on leave, and no more than an aggregate of 12 months’ leave of absence shall be granted to any apprentice during the term of his or her apprenticeship. Application for leave of absence and for extension thereof shall be made by the apprentice upon a form provided by and addressed to the board. Upon the termination of a leave of absence or any extension thereof, the apprentice shall report to the board the fact that he or she has resumed his or her duties as an apprentice and certified to by the funeral director under whom he or she has resumed his or her duties or by the embalmer under whom he or she is apprenticed, confirming this fact. Failure to so report within 30 days after the expiration date of any leave of absence or extension thereof shall automatically cancel the registration of the apprentice.
Ala. Code § 34-5-4 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-4
Section 34-5-4 Certification of Instructors and Assistant Instructors
Status: in_force

No person shall act as instructor or assistant instructor in a barber college and no barber college or owner or operator thereof shall hire or permit any person to act as an instructor or an assistant instructor at the barber college unless he or she has a current and valid certificate of registration as an instructor or assistant instructor, issued by the Board of Barber Examiners.

The board shall issue a certificate of registration as an instructor in a barber college to a person who complies with all of the following:

(1) He or she files an application with the board in such form as it may prescribe, accompanied by the required fee.

(2) He or she is of good moral character and temperate habits.

(3) He or she holds a diploma evidencing successful completion of high school, or has the equivalent education as determined by an examination conducted by the board and approved by the Vocational Educational Division of the Department of Education.

(4) He or she has held a valid certificate of registration as a barber in Alabama and has practiced barbering in Alabama for at least the last three years before issuance of the instructor’s certificate.

(5) He or she has graduated from a barber college in a course embracing all the theory and scientific manipulation taught in barber schools.

(6) He or she satisfactorily passes an examination conducted by the board to determine his or her fitness to be an instructor.

Assistant instructors must comply with each of the above requirements in order to obtain a certificate of registration as an assistant instructor; except, that they need have held a barber’s certificate and practiced barbering in Alabama for only 18 months prior to the issuance of the assistant instructor’s certificate of registration.
Ala. Code § 34-24-234 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-234
Section 34-24-234 Penalties for Violations
Status: reserved

Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
Ala. Code § 34-33A-5 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-5
Section 34-33A-5 State Fire Marshal’s Permit - Application; Competency Test
Status: in_force

(a) Any individual, partnership, corporation, association, or joint venture desiring to engage in the business as a fire alarm contractor shall submit to the State Fire Marshal on standard forms provided by the State Fire Marshal a completed application. The applicant shall include a fee of one hundred dollars ($100) when making the application. The applicant shall designate in the application the name of the proposed certificate holder and provide written proof that the individual has met all of the requirements and passed a competency test administered by NICET as a Fire Alarm System Technician - Level III or above. A copy of the current NICET certificate shall be accepted as sufficient written proof as required above. The State Fire Marshal, upon receipt of the application and fee, shall issue a State Fire Marshal’s permit to a fire alarm contractor who has a current State Fire Marshal’s permit, or who produces evidence of having a current state permit from another state, if the state has entered into an agreement of reciprocity with the State of Alabama.

(b)(1) Any individual desiring to engage in the programming, maintenance, testing, inspection, certification, or modification of fire alarm systems shall provide current written proof that he or she has passed a competency test administered by the NICET as a Fire Alarm System Technician-Level II or any other acceptable nationally recognized fire alarm technician certification requiring continuing education that is deemed equivalent by the State Fire Marshal.

(2) Each individual, partnership, corporation, association, or joint venture shall have 36 months after August 1, 2009, to be in full compliance with the requirement of this subsection.

(3) A new employee who is hired by a certified fire alarm contractor shall have 12 months from the date of hiring to comply with the requirements of this chapter. A new employee who is not in compliance with this chapter shall work under the direct supervision of the certificate holder of the certified fire alarm contractor.
Ala. Code § 34-3-12 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-12
Section 34-3-12 Partner of District Attorney Prohibited from Defending in Certain Cases
Status: in_force

Any attorney-at-law who is the law partner of any district attorney in this state, who defends a criminal case of any kind, character or description in any court in this state in which such district attorney is the prosecuting officer, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $500.
Ala. Code § 34-27B-60 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-60
Section 34-27B-60 Effective Date, Withdrawal, and Amendment
Status: in_force

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

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

a. A charter member state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in Section 34-27B-59.

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

(2) Member states enacting this compact subsequent to the seven initial charter member states shall be subject to the process set forth herein and commission rule to determine if their enactments are materially different from the model compact and whether they qualify for participation in this compact.

(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission. The commission shall own and have all rights to any intellectual property developed on behalf or in furtherance of the commission by individuals or entities involved in organizing or establishing the commission, as may be further set forth in rules of the commission.

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

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

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

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

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

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

(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Ala. Code § 34-4-1 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-1
Section 34-4-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Auctioneers License Act.
Ala. Code § 34-11-12 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-12
Section 34-11-12 Reissuance of Revoked Certificates
Status: in_force

The board, for reasons it may deem sufficient, may reissue a certificate of licensure or intern certification to any person or certificate of authorization to any firm whose certificate has been revoked, provided a majority of the board votes in favor of reissuance. The board shall not consider reissuance of a certificate to any person whose certificate has been revoked because of non compos mentis until after the person has been declared to have fully regained his or her competency by a court of competent jurisdiction. The board shall not consider the reissuance of a certificate to a person who was convicted of a felony or entered a plea of guilty or nolo contendere to a felony until the civil rights of the person have been restored, and then a majority approval vote of the board concerning reissuance shall be required.
Ala. Code § 34-7B-14 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-14
Section 34-7B-14 Duration, Expiration, and Reinstatement of License; Records
Status: in_force

(a) No license issued by the board shall be valid for more than two years.

(b) An expired license may be reinstated within four years after the date of expiration by paying renewal fees for the lapsed period, a current renewal fee, and a late fee.

(c) A license which has been expired for more than four years may be reinstated by furnishing proof of prior licensure, paying the appropriate examination fee, passing the appropriate examination, and paying renewal fees of not more than three hundred dollars ($300), the current renewal fee, and a late fee.

(d) The record of any licensee, student, apprentice, or examination candidate who does not renew within four years or which does not indicate any activity for four years may be purged by the board.
Ala. Code § 34-37-8 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-8
Section 34-37-8 Renewals; Acceptance and Inspection of Certificate; Continuing Education
Status: reserved

(a) Any person who holds a certificate issued by the board shall be issued statewide certification upon the annual renewal of their existing certificate.

(b) Any certificate issued by the board shall be acceptable by any city, town, or county in the state and any existing local statute or ordinance contrary to this section is repealed, and no other competency certification or examination shall be required of plumbers, gas fitters, or medical gas piping fitters by any local governmental entity.

(c) Any current registration or annual certificate issued to any individual by the board shall be in possession of the individual at any time he or she engages in or proposes to engage as a master, journeyman, or apprentice plumber, gas fitter, or medical gas piping fitter, as the case may be, and upon request he or she shall make the certificate or registration available for inspection and identification by any person or persons for whom he or she engages or proposes to engage as such, and for identification by plumbing, gas, or other authorized enforcement personnel of any governmental entity, board, or agency when requested.

(d) The board, by rule, may adopt continuing education requirements for licensees and may develop and produce courses, approve continuing education courses and providers, and set those fees necessary to administer these requirements.
Ala. Code § 34-15A-5 — Alabama Code / Title 34 / Chapter 15A / Section 34-15A-5
Section 34-15A-5 Board of Registration for Interior Designers - Creation; Membership; Terms; Vacancies; Expenses; Chairman and Secretary; Quorum; Oath
Status: reserved

Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
Ala. Code § 34-25B-8 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-8
Section 34-25B-8 Alabama Private Investigation Board - Promulgation of Rules; Canons of Ethics; Personnel; Legal Services
Status: in_force

(a) The board may promulgate rules necessary to implement this chapter and accomplish its objectives subject to the Alabama Administrative Procedure Act.

(b) The board may promulgate and establish canons of ethics and minimum acceptable professional standards of practice for licensees within any rules that it adopts.

(c) The board may hire personnel necessary or as advisable to carry out the purposes and provisions of this chapter. With the exception of the Executive Director, all personnel shall be subject to the provisions of the state Merit System Act.

(d) The Attorney General shall provide legal services to the board and board employees in connection with official duties and actions of the board.
Ala. Code § 34-1-18 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-18
Section 34-1-18 Injunctions Against Unlawful Acts
Status: in_force

Whenever it appears to the board that any person has engaged, or is about to engage, in any acts or practices which constitute or will constitute a violation of Section 34-1-16, the board may in its own name bring action in an appropriate court for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or such other order as may be appropriate may be granted by such court without bond; and, such proceeding may be maintained 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 § 34-22-82 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-82
Section 34-22-82 Telemedicine - Protocols; Privacy Practices
Status: in_force

(a) A provider who uses telemedicine in his or her practice shall adopt protocols to prevent fraud and abuse through the use of telemedicine.

(b)(1) Privacy practices.

a. A provider that communicates with patients by electronic communications other than telephone or facsimile shall provide patients with written notification of the provider’s privacy practices before evaluation or treatment.

b. The notice of privacy practices shall include language that is consistent with federal standards under 45 CFR Parts 160 and 164 relating to privacy of individually identifiable health information.

c. A provider shall make a good faith effort to obtain the patient’s written acknowledgment of the notice.

(2) Limitations of telemedicine. A provider who uses telemedicine services, before providing services, shall give each patient notice regarding telemedicine services, including the risks and benefits of being treated via telemedicine, and how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate as a result of a technological or equipment failure. A signed and dated notice, including an electronic acknowledgement by the patient, establishes a presumption of notice.

(3) Necessity of in-person evaluation. When, for whatever reason, the telemedicine modality in use for a particular patient encounter is unable to provide all pertinent clinical information that a health care provider exercising ordinary skill and care would deem reasonably necessary for the practice of optometry at an acceptable level of safety and quality in the context of that particular encounter, then the distant site provider shall make this known to the patient and advise and counsel the patient regarding the need for the patient to obtain an additional in-person evaluation reasonably able to meet the patient’s needs.
Ala. Code § 34-7-18 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-18
Section 34-7-18 Display of Certificate or License; Picture of Licensee
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-15B-11 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-11
Section 34-15B-11 Disciplinary Action
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-13-72 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-72
Section 34-13-72 Qualifications of Applicants; Examination Requirements; Fee
Status: in_force

(a) An applicant for a funeral director’s license is entitled to an examination if he or she satisfies all of the following:

(1) Is a citizen of the United States or legally present in this state.

(2) Is at least 18 years of age.

(3) Has completed an apprenticeship in accordance with this chapter and rule of the board.

(4) Has completed a course of instruction in an accredited mortuary or funeral service school or college which has been approved by the board pursuant to Section 34-13-50, or has completed a bachelor’s degree program from an accredited school.

(5) Has completed an examination on state funeral service laws and rules.

(b) The board may certify an applicant to take an examination for a funeral director’s license after verifying that the applicant has completed a course of instruction as defined in this chapter.

(c) The board shall establish and charge a reasonable examination fee, based on actual costs, for each applicant who sits for an examination. In no event shall the fee exceed fifty dollars ($50) above the actual cost of preparing and administering the examination.
Ala. Code § 34-1-7 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-7
Section 34-1-7 Practice Privilege for Nonresident Certified Public Accountants. (Amended by Act 2026-16)
Status: in_force

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

(a) Subject to subsection (b), a person who is licensed as a certified public accountant in another state whose principal place of business is not in this state shall have all the privileges of a certified public accountant in this state without the need to obtain a certificate or permit under this chapter or to notify or register with the board and may offer or render professional services in this state, whether in person or by mail, telephone, or electronic means, without any notice, fee, or other submission under this chapter.

(b) A person exercising the practice privilege granted in subsection (a) and any firm that employs the person, as a condition of the grant of the privilege, are deemed to consent to all of the following:

(1) The personal and subject matter jurisdiction and disciplinary authority of the board and the courts of Alabama.

(2) Compliance with this chapter and any rules promulgated by the board.

(3) That the person shall cease offering or rendering professional services under the practice privilege personally and on behalf of a firm if the license of the person from the state by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, is no longer valid.

(4) To the appointment of any out-of-state board by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, to be his or her agent for the purpose of service of process in any action or proceeding by the board in this state against the person.
Ala. Code § 34-25B-18 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-18
Section 34-25B-18 Suspension, Revocation, Etc., of License; Penalties
Status: in_force

(a) The board may suspend, revoke, or refuse to issue or renew any private investigator license issued by the board upon finding that the holder or applicant has committed any of the following acts:

(1) A violation of this article or any rule adopted pursuant to this article.

(2) Fraud, deceit, or misrepresentation regarding an application or license.

(3) Knowingly and willfully making a material misstatement in connection with an application for a license or renewal.

(4) A conviction by a court of competent jurisdiction of a felony.

(5) A conviction by a court of competent jurisdiction of a Class A misdemeanor, if the board finds that the conviction reflects unfavorably on the fitness of the individual for the license.

(6) The commission of any act which would have been cause for refusal to issue the license or identification card had it existed and been known to the board at the time of issuance.

(b) In addition to, or in lieu of, any other lawful disciplinary action under this section, the board may assess a civil penalty not exceeding two thousand dollars ($2,000) for each violation.

(c) A license may be suspended for the remaining license period and renewed during any period in which the license was suspended.

(d) Any entity or individual who operates, provides services, or advertises the provision of private investigator services without a license as required by this article shall be subject to an administrative fine of up to one thousand dollars ($1,000) per day that those services are provided or advertised and may be administratively enjoined by the board from providing services or advertising until in compliance with this article.
Ala. Code § 34-26-23 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-23
Section 34-26-23 Sunset Provision
Status: in_force

The Board of Examiners in Psychology shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2016, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-15A-1 — Alabama Code / Title 34 / Chapter 15A / Section 34-15A-1
Section 34-15A-1 Definitions
Status: reserved

Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
Ala. Code § 34-28A-44 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-44
Section 34-28A-44 Employment, Discharge, Etc., of Executive Secretary and Other Officers and Employees; Admissibility in Evidence of Copies of Proceedings, Records, Etc., of Board; Monthly Report and Disposition of Revenues Received Under Chapter; Payment of Administrative Expenses of Board, Employee Salaries, Etc
Status: in_force

(a) The board may employ, and at its pleasure discharge, an executive secretary and other officers and employees as may be necessary, and the board shall also outline their duties and fix their compensation and expense allowances.

(b) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records and acts of the board, and certificates purporting to relate the facts concerning the proceedings, records, and acts signed by the secretary and authenticated by the seal shall be prima facie evidence in all the courts of this state.

(c) The board shall report to the state Comptroller by the fifth day of each month the amount and source of all revenue received by it pursuant to this chapter during the previous month and shall at that time pay the entire amount thereof into a separate trust fund for the board established by the Comptroller within the State Treasury.

(d) All appropriate expenses incurred by the board in the administration of this chapter shall be paid by the Comptroller when vouchers relating to the expenses are exhibited as having been approved by the board.

(e) The board shall be financed from income accruing to it from fees, licenses and other charges, and funds collected by the board, and all such moneys are appropriated to the board for its use. All employee salaries and other expenses shall be paid as budgeted after budgets are approved by the Comptroller or within the limitations of any appropriation or funds available for that purpose.
Ala. Code § 34-13-150 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-150
Section 34-13-150 Issuance
Status: reserved

Repealed by Act 2011-623, p. 1439, §2, effective October 1, 2011.
Ala. Code § 34-9-41 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-41
Section 34-9-41 Officers of Board; Seal; Meetings; Compensation; Disposition of Funds
Status: in_force

The board shall annually elect from its membership a president, vice-president, and secretary-treasurer and may employ staff members who are not members of the board. The board shall have a common seal. The board shall hold an annual meeting for the purpose of transacting its business and examinations, and additional meetings at such times and places as the board may designate. A majority of the board shall constitute a quorum for the transaction of business at any meeting except that in conducting hearings involving any of the penalties outlined in Section 34-9-18, no less than five members of the board shall be present. In conducting hearings involving any of the penalties outlined in Section 34-9-18, a majority of the board may appoint any former member of the board who for such purposes shall have all the powers and privileges of such office as a regular board member possesses. In conducting or participating in exams, a majority of the board may appoint any former member of the board or such other licensed practicing dentists from a jurisdiction recognized by the board who for such purposes shall have all the powers and privileges of such office as a regular board member possesses. Out of the funds of the board the members thereof shall receive as compensation a sum to be fixed by the board for each day actively engaged in the duties of their office, and in addition board members shall receive the same per diem and travel allowance as is paid by law to state employees for each day actively engaged in the duties of their office. The secretary-treasurer shall receive such compensation as may be fixed by the board, which shall be in addition to his or her per diem and expenses, provided no per diem or expenses shall be allowed unless his or her duties require his or her absence from his or her office. The secretary shall receive such compensation as may be fixed by the board. The secretary-treasurer shall be custodian of all property, money, records and the official seal of the board. All money received by the board under this chapter shall be paid to and received by the secretary-treasurer of the board. The secretary-treasurer shall deposit to the credit of the board all funds paid to the board in a bank selected by its members. The board is authorized to expend such funds as shall be necessary to enforce the provisions of this chapter; to pay salaries, expenses and other costs herein provided; to promote the arts and science of dentistry; and for such other purposes as the board shall consider to be in the best interest of dentistry in this state. All the costs herein provided for shall be paid by checks drawn by the secretary-treasurer and countersigned by the president of the board; except the board may authorize the administrative secretary or the executive director to sign checks for costs that do not exceed a monetary limit to be set by the board in its rules. Should the property be other than money, the secretary-treasurer shall provide for the safekeeping thereof for the use of the board. All money, including license fees, annual renewal license certificate fees, examination fees and any and all other fees and receipts under the provisions of this chapter, are hereby appropriated to the board to be used as herein provided.
Ala. Code § 34-13-5 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-5
Section 34-13-5 Courts Having Jurisdiction; Initiation of Proceedings
Status: in_force

District courts shall have jurisdiction in all criminal prosecutions arising under this chapter. The district attorney is authorized to institute criminal prosecutions for violations of this chapter by information, or prosecutions may be instituted by indictment or by complaint verified before any magistrate.
Ala. Code § 34-3-101 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-101
Section 34-3-101 Application for Incorporation
Status: in_force

The president, the first vice-president, and the secretary of the Alabama State Bar may become a corporation by presenting to the Secretary of the State of Alabama an application signed by them setting forth:

(1) The name and official designation of each of the applicants;

(2) The dates of beginning and ending of the term of office of each of the applicants;

(3) The name of the proposed corporation, which shall be Alabama State Bar Foundation if such name is available for such use by the corporation, but if such name is not available then the applicants shall designate some other similar name that is available;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this article or the laws of Alabama.

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of Alabama to take acknowledgments to deeds.

There shall be attached to the application:

(1) A certificate made by the secretary of the Alabama State Bar, under its seal, stating that the persons signing the application as president and first vice-president of the Alabama State Bar are known to him or her as president and first vice-president, respectively, of the Alabama State Bar; and

(2) A certificate made by the president of the Alabama State Bar, under its seal, stating that the person signing the application as secretary of the Alabama State Bar is known to him or her as the secretary of the Alabama State Bar.

The Secretary of State shall examine the application and, if he or she finds that it substantially complies with the requirements of this section, he or she shall receive, file, and record it in an appropriate book of record in his or her office.
Ala. Code § 34-8A-64 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-64
Section 34-8A-64 Binding Effect of Compact and Other Laws
Status: in_force

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

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

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

(d) Any lawful actions of the commission, including all rules and bylaws properly adopted by the commission, are binding upon the member states.

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

(f) In the event any provision of the compact exceeds the constitutional limits imposed on the Legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Ala. Code § 34-32-14 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-14
Section 34-32-14 Investigation of Violations
Status: in_force

The board shall have the duty and authority to investigate violations of this chapter.
Ala. Code § 34-33A-7 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-7
Section 34-33A-7 State Fire Marshal’s Permit - Certificate Holder
Status: in_force

A certificate holder may not obtain a State Fire Marshal’s permit for more than one fire alarm contractor at any time. A certificate holder may only hold a certificate for the fire alarm contractor where he or she is currently employed. If the certificate holder leaves the employment of the fire alarm contractor, the certificate holder shall notify the State Fire Marshal within 30 days. The certificate holder may not obtain a State Fire Marshal’s permit for more than one other fire alarm contractor for a period of 12 months thereafter. If the certificate holder leaves the employment of the fire alarm contractor, or dies, the fire alarm contractor shall have nine months to submit a new application proposing designation of another individual as the certificate holder for the applicant. If the application is not received and a new permit issued within the allotted time, the State Fire Marshal shall revoke the permit of the fire alarm contractor.
Ala. Code § 34-9-60.1 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-60.1
Section 34-9-60.1 Administration of Infiltration Anesthesia by Dental Hygienists; Permit Requirements
Status: in_force

(a) The board may permit licensed dental hygienists to administer infiltration anesthesia under the direct supervision of a licensed dentist. The board may promulgate rules further limiting the administration of infiltration anesthesia by dental hygienists. In order to administer infiltration anesthesia, a dental hygienist shall possess a dental hygiene infiltration anesthesia permit issued by the board. To receive a dental hygiene infiltration anesthesia permit from the board, a dental hygienist shall apply on an application form approved by the board, submit the appropriate application fee, and have been engaged in the active practice of dental hygiene for the 12 months immediately preceding initial application. A dental hygienist applying for a dental hygiene infiltration anesthesia permit shall submit proof to the board that he or she has fulfilled at least one of the following qualifications:

(1) Has completed a minimum of 32 hours training in the administration of infiltration anesthesia in a course approved by the board.

(2) Has certification of training in the administration of infiltration anesthesia by any entity or organization approved by the board.

(b) A dental hygiene infiltration anesthesia permit shall be renewed annually upon payment of a renewal fee and proof of completion of any continuing education requirements established by rule of the board.
Ala. Code § 34-21A-7 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-7
Section 34-21A-7 Duties and Authority of the Board
Status: in_force

The duties of this board shall include, but not be limited to the following:

(1) Establish procedures and qualifications for the licensure of individuals engaged in the manufacture, installation, servicing, repair, or maintenance of onsite sewage systems and equipment installed in Alabama and issue such licenses to those individuals who qualify for licensure.

(2) Approve all training required for any license or license renewal under this chapter and approve and administer any examination required for specialized areas and levels of qualification of licensing under this chapter.

(3) Establish the dates, times, and locations for all license examinations, including at least three examination dates each year.

(4) Accept and process applications from individuals meeting the board-established qualifications for licenses and the renewal of licenses and collect necessary fees according to the schedule of fees established by the board.

(5) Provide written notification to a candidate of the candidate’s examination results and provide information regarding the procedures required to complete the license process, including bond information and local health department fees.

(6) Accept annual license renewal applications and approve required continuing education and required documentation for license renewal.

(7) Maintain a complete up-to-date roster of licensees.

(8) Establish a complaint process and the confidential procedures to investigate alleged violations as set forth in this chapter; establish disciplinary procedures including suspension or revocation of licenses; establish an appeals process; and notify the Alabama Department of Public Health and the appropriate local health departments of any disciplinary action taken by the board. Any member of the board or duly appointed representative designated by the board may administer oaths and take testimony concerning all matters within the jurisdiction of the board.

(9) Reinstate a revoked or suspended license if the holder of the revoked or suspended license meets specific requirements established by the board and the reinstatement is approved by a majority of the board.

(10) Oversee all financial, business, and administrative matters necessary to carry out the operation of this board including, but not limited to, accepting fees, paying bills, salaries, expenses, and refunds, and any other action deemed appropriate to conduct business pertinent to its operation.

(11) Hire and set compensation for an executive director who shall be responsible for the administrative functions of the board.

(12) Adopt a seal for its use containing the words “Alabama Onsite Wastewater Board.”
Ala. Code § 34-8A-21 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-21
Section 34-8A-21 Privileged Communications and Confidential Relations Between Practitioner and Client
Status: in_force

For the purpose of this chapter, the confidential relations and communications between licensed professional counselor or certified counselor associate and client are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
Ala. Code § 34-27-61 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-61
Section 34-27-61 Hearing; Refusal, Suspension, or Revocation of License; Willful Violation Defined; Escrow Deficiency
Status: in_force

The commission may upon its own motion, or upon the verified complaint in writing of any person, hold a hearing regarding an alleged violation by any person or business entity of this article. Any person found guilty of having violated any provision of this article or any rule, regulation, or order of the commission shall be subject to the refusal of a license, if not licensed; or, if licensed, to the suspension or revocation of such license and/or a monetary penalty of not less than $25 nor more than $1,000.

Such hearing shall be held in a manner prescribed by the Alabama Real Estate License Law and the rules and regulations of the Alabama Real Estate Commission. The reinstatement of a license suspended or revoked as a result of a violation under this article may be made conditional upon the fulfillment of such reasonable conditions as are imposed by the commission.

The penalties and procedures outlined in this section shall not be construed to supersede or conflict with penalties and procedures outlined in other sections of this article.

Provided, that a deficiency in an escrow account required by this article, which results solely from the cancellation or worthlessness of receivables previously placed in escrow, shall not be considered a violation of this article. In the event of an escrow deficiency, a lender who has advanced funds to a project shall have no liability to contribute funds to the escrow to cure the deficiency, and the lender’s lien on the property shall not be affected by the deficiency.
Ala. Code § 34-3-22 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-22
Section 34-3-22 Authority of Attorneys in Case - Proceedings on Appearance Without Authority
Status: in_force

If it is alleged by a party for whom an attorney appears that he or she does so without authority, the court may at any stage of the proceedings, upon proof of the allegation, relieve the party for whom the attorney has assumed to appear from the consequences of his or her acts.

Any attorney appearing for a person without being employed must, on conviction, be fined not less than $500 and shall be incompetent to practice in any court of this state.
Ala. Code § 34-24-303 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-303
Section 34-24-303 Registration with Board; Application; Denial or Termination of Registration
Status: in_force

(a) Prior to practicing or offering to practice in this state, a licensed assistant to physician shall be registered by the board to perform medical services under the supervision of a physician approved by the board to supervise the assistant.

(b) Registration shall be accomplished by the submission to the board of an application on forms established in the board rules, payment of the required registration fee in an amount established in the board rules, and the granting of approval pursuant to procedures designated in the board rules.

(c) Registration may be denied or terminated by the board in accordance with grounds and procedures established in the rules of the board.
Ala. Code § 34-29-74 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-74
Section 34-29-74 Issuance of License Without Written Examination to Certain Applicants
Status: in_force

The board may issue a license without a written examination to a qualified applicant who furnishes satisfactory proof that he or she is a graduate of an accredited veterinary school and who has been for the five years immediately prior to filing his or her application a practicing veterinarian licensed in a state, territory, or district of the United States having license requirements at the time the applicant was first licensed which were substantially equivalent to the requirements of this article.

The board may orally or practically examine any person qualifying for licensing under this section.
Ala. Code § 34-11-13 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-13
Section 34-11-13 Appeals
Status: in_force

Any person who is aggrieved by the denial of a certificate by the board or by any disciplinary action by the board taken pursuant to Section 34-11-11 may appeal within 30 days to the Circuit Court of Montgomery County, exclusively, notwithstanding the provisions of the Alabama Administrative Procedure Act; and only after the filing of the notice of appeal shall judicial review be as provided for in the Alabama Administrative Procedure Act.
Ala. Code § 34-24-59 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-59
Section 34-24-59 Reporting of Physician Disciplinary Actions
Status: in_force

(a) The chief administrative officer of each hospital shall report to the Alabama State Board of Medical Examiners any disciplinary action taken concerning any physician when the action is related to professional ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse. Disciplinary action shall include termination, revocation, probation, restriction, denial, failure to renew, suspension, reduction, or resignation of hospital privileges for any of the above reasons. The report shall be in writing and be made within 30 days of the date of the initial action. Failure on the part of a chief administrative officer of a hospital to file a report required under this section shall be a violation of Section 22-21-25(b)(3), and the State Board of Health may, in its discretion, impose upon the hospital found to be in violation, a civil monetary penalty in an amount not to exceed two thousand five hundred dollars ($2,500) for each violation. All monies collected pursuant to this section shall be retained by the Alabama Department of Public Health and may be expended for any legal purpose including, but not limited to, operational expenses of the department.

(b) Any professional society within this state comprised primarily of physicians, which takes formal disciplinary action against a member shall report the action to the Alabama State Board of Medical Examiners, when the action taken is related to professional ethics, negligence, or incompetence in the practice of medicine, moral turpitude, sexual misconduct, abusive or disruptive behavior, or drug or alcohol abuse. This report shall be in writing and made within 30 days of the action.

(c) Any report made pursuant to this section shall be privileged from discovery and the individual making the report shall be immune from liability.
Ala. Code § 34-23-13 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-13
Section 34-23-13 Violations
Status: in_force

A person who does any of the following, unless a penalty is otherwise specifically provided in this chapter, is guilty of a Class B misdemeanor:

(1) Practices pharmacy in this state without having first obtained a license from the board.

(2) Permits prescriptions to be compounded or dispensed by unauthorized persons.

(3) Willfully violates any provision of this chapter or rule adopted by the board.
Ala. Code § 34-14C-4.1 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-4.1
Section 34-14C-4.1 Inspection Fees
Status: in_force

The Board of Home Medical Equipment may establish by rule, and charge and collect, reasonable inspection fees pursuant to the Alabama Administrative Procedure Act.
Ala. Code § 34-11-33 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-33
Section 34-11-33 Removal of Members; Vacancies
Status: in_force

The Governor may remove any member of the board for misconduct, incompetency, neglect of duty or for any other sufficient cause. Vacancies in the membership of the board by death, resignation, or for any reason shall be filled for the unexpired term by appointment by the Governor as provided in Section 34-11-30.
Ala. Code § 34-30-51 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-51
Section 34-30-51 Terms of Members
Status: in_force

Members shall be limited to two consecutive terms of office.
Ala. Code § 34-25-23 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-23
Section 34-25-23 Nonresident Applicants
Status: in_force

(a) Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two copies thereof with the board. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The board shall send forthwith one copy of the process to the applicant at the address shown on the records of the board by registered or certified mail.

(b) Nonresident applicants must satisfy the requirements of Section 34-25-21.
Ala. Code § 34-33-14 — Alabama Code / Title 34 / Chapter 33 / Section 34-33-14
Section 34-33-14 Residential Structural Fires - Collection of Information
Status: in_force

(a) The State Fire Marshal shall collect and publish data on all residential structural fires in Alabama in a report that includes all of the following information:

(1) The type of structure.

(2) The age of the structure.

(3) The code enforced when the structure was constructed.

(4) The cause of the fire.

(5) Whether the cause of the fire was the result of a criminal or suspicious event.

(6) The materials used in the construction of the structure.

(7) The type and amount of damage to the structure.

(8) The type and number of functional smoke detectors and fire sprinklers installed in the structure.

(b)(1) All information collected pursuant to this section shall be made available to the public, free of charge, on the website of the State Fire Marshal.

(2) The information shall be recorded and published on a monthly basis and maintained thereafter in a sortable electronic format on the website of the State Fire Marshal.
Ala. Code § 34-24-363 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-363
Section 34-24-363 Witnesses - How Subpoenaed and Sworn; Failure to Comply
Status: in_force

(a) To any such hearing witnesses may be subpoenaed by the commission on its own motion, or on the demand of either side by subpoena signed by the chairman of the commission, or by the executive officer of the commission, and such subpoenas may be served by any sheriff of the State of Alabama, or by the executive officer of the commission or by any person designated by the executive officer; and, if served by anyone other than a sheriff, the return of service shall be sworn to by the person before some officer authorized to administer oaths. Witnesses may be sworn by the chairman or by the person discharging the duties of the chairman. Similar subpoenas may be issued directing the production of books, papers, or documents at the hearing.

(b) In conducting its investigations, the State Board of Medical Examiners shall have the authority to subpoena witnesses and command the production at any of its meetings of such books, documents, records, and papers as it deems pertinent to any matter under investigation. The board, by order of its chairman or executive director, may require any person to produce within this state, at such reasonable time and place as it may designate, any books, documents, records, or papers kept in any office or place without or within this state, or certified copies thereof, whenever the production thereof is reasonably required and pertinent to any matter under investigation before the board, in order that an examination thereof may be made by the board, or by any person employed by the board.

(c) In case of failure or refusal on the part of any person to comply with any subpoena, or on the refusal of any witness to testify or answer as to any matter regarding which he or she may lawfully be interrogated, any circuit court in this state, or any judge thereof, on application of the board or its executive director, may issue an attachment for such person and compel him or her to comply with such order, or to attend before the board and produce such documents and give his or her testimony upon such matters as may be lawfully required, and the court or judge shall have the power to punish for contempt as in cases of disobedience of a like order or subpoena issued by or from such court, or a refusal to testify therein.
Ala. Code § 34-25B-16 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-16
Section 34-25B-16 Investigation into Veracity of Application
Status: in_force

Upon receipt of an application and applicable fees, the board shall conduct an investigation to determine whether the statements made in the application are true.
Ala. Code § 34-7-15 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-15
Section 34-7-15 Payment and Disposition of Fees
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-25A-11 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-11
Section 34-25A-11 Issuance of License or Registration; Renewal
Status: in_force

(a) The board shall issue a license or registration to any person who meets the qualifications required by this chapter and who pays the respective fees fixed by the board.

(b) Any person who is issued a license as an orthotic, prosthetic, or prosthetic/orthotic practitioner or orthotic assistant, prosthetic assistant, or prosthetic/orthotic assistant under this chapter may use the words licensed orthotist, licensed prosthetist, licensed prosthetist/orthotist, licensed orthotist assistant, licensed prosthetist assistant, or licensed prosthetist/orthotist assistant, or the letters “L.O.,” “L.P.,” “L.P.O.,” “L.O.A.,” “LPed,” “L.P.A.,” “L.P.O.A.,” “L.M.F.,” “L.O.F.,” “C.M.F.,” “L.C.M.F,” or “L.T.S.F.” in connection with his or her name to denote his or her licensure. Any person issued a license as an orthotic supplier under this chapter may use the words licensed orthotic supplier or the letters “R.O.S.” in connection with his or her name to denote his or her registration.

(c) A license or registration issued under this chapter shall be subject to annual or semiannual renewal as prescribed by rule or regulation duly promulgated and published by the board.
Ala. Code § 34-7-16 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-16
Section 34-7-16 Practice of Cosmetology to Be in Established Beauty Shop or School
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-9-12 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-12
Section 34-9-12 Recording, Reporting Requirements
Status: in_force

(a) Every person granted a license to practice dentistry or dental hygiene in this state by the board, as herein provided, shall cause his or her license certificate to be recorded in the office of the judge of probate of the county in which he or she desires to practice before beginning the practice of dentistry or dental hygiene in the county. Any person receiving a license from the board, whether or not intending to immediately engage in the practice of dentistry or dental hygiene in this state, shall cause his or her license certificate to be recorded in the office of the judge of probate in one of the counties of this state within 60 days of the issuance of the license certificate.

(b) Every person issued a special purpose license to practice dentistry across state lines shall be subject to the jurisdiction of the board, and all rules and regulations of the board, including all matters relating to discipline. It shall be the affirmative duty of every special purpose licensee to report to the board in writing within 15 days of the initiation of any disciplinary action against the licensee to practice dentistry by any state or territory in which the licensee is licensed. In addition, the licensee agrees, by acceptance of the license, to produce any patient records or materials as requested by the board or to appear before the board or any of its committees following receipt of a written notice issued by the board. The notice may be issued by the board. The failure of a special purpose licensee to report, produce records, or appear as set forth above shall subject the licensee to the disciplinary penalties as set forth in Section 34-9-5.

(c) Every person issued a special purpose license to practice dentistry across state lines shall comply with all laws, rules, and regulations governing the maintenance of patient records, including patient confidentially requirements, regardless of the state where the records of any patient within this state are maintained.
Ala. Code § 34-4-20 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-20
Section 34-4-20 Required
Status: in_force

It shall be unlawful for any person, partnership, association, or corporation in any county of this state to act as an auctioneer or apprentice auctioneer, or directly or indirectly to engage or assume to engage in the auction business and act as either without first obtaining a license issued by the State Board of Auctioneers, under the provisions of this chapter.

It shall be unlawful for any person not licensed under the provisions of this chapter to advertise that he or she is in the auction business or to do anything to leave any impression upon the public that he or she is an auctioneer or is so engaged.
Ala. Code § 34-24-336 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-336
Section 34-24-336 Continuing Medical Education
Status: in_force

(a) It shall be the duty of the State Board of Medical Examiners to promote continuing medical education of all physicians and osteopaths licensed by the commission and is empowered to spend a portion of its funds in any manner it deems desirable for carrying out this purpose. The board is specifically empowered to provide funds to any nonprofit corporation for the purpose of conducting continuing medical education programs without being bound by the provisions of any law requiring competitive bidding. Such programs must be open to all licensed physicians and osteopaths without regard to membership in any professional organization.

(b) The board shall adopt a program of continuing medical education for all licensees living in the State of Alabama not later than October 1, 1991. After that date, successful completion of the requirements of the continuing medical education program shall be a requisite for license renewal. Licensees who reside outside of Alabama are exempt from the provisions of this subsection.

(c) Effective January 1, 2003, the board may require all physicians and osteopaths to successfully complete a prescribed course of continuing medical education on a subject or subjects designated by the board. The board may prescribe by regulation a fixed period of time or deadline for completion of the prescribed continuing medical education course or courses. The board may make provision for a physician or osteopath to be excused from this requirement for reasons satisfactory to the board. The Medical Licensure Commission of Alabama may, subject to notice and hearing, within its discretion, indefinitely suspend the license to practice medicine of a physician or osteopath who fails to successfully complete the course or courses of continuing medical education required by this subsection or impose administrative fines or other penalties as authorized by Section 34-24-381.
Ala. Code § 34-36-14 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-14
Section 34-36-14 Electrical Appeals and Advisory Board; Appointment, Qualifications, Terms and Compensation of Members; Rules for Appeals
Status: reserved

Repealed by Act 2010-540, p. 932, §3, effective July 1, 2010.
Ala. Code § 34-40-33 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-33
Section 34-40-33 Grant Applications; List of Eligible Schools
Status: in_force

(a) A local board of education may apply for a grant from the incentive program if, during the academic school year, an athletic trainer provided an average of at least 25 hours of athletic training services per week to a rural secondary school or Title I secondary school under the purview of the local board of education. Any athletic training services provided by an athletic trainer may be counted towards the required hours, provided that the athletic trainer provides the athletic training services in one of the following manners:

(1) As an employee of the local board of education.

(2) As an employee of a health care facility.

(3) As a participant in a third-party sports medicine program.

(b)(1) The board shall compile a list of schools eligible for grants from the incentive program and publish the list on its website. The list shall be compiled in the following manner:

a. For rural secondary schools, by considering census data to determine which secondary schools are not located in urbanized areas of 50,000 or more individuals.

b. For Title I secondary schools, by considering federal law.

(2) Local boards of education meeting the application criteria may apply for the incentive program following the end of the academic school year, during a time period to be determined by the board.
Ala. Code § 34-28A-23 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-23
Section 34-28A-23 Examination of Applicants for Licenses
Status: in_force

(a) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.

(b) The board may examine in whatever theoretical or applied fields of speech-language pathology and audiology it considers appropriate to the area of specialization and may examine with regard to the professional skills and judgment of a person in the utilization of speech-language pathology and audiology techniques and methods.
Ala. Code § 34-13-120.1 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-120.1
Section 34-13-120.1 License Requirements; Certification
Status: in_force

No person may conduct, maintain, manage, or operate a cremation facility unless licensed to do so by the board. The board may issue a license to practice as a cremationist after the applicant has satisfied all of the following requirements:

(1) Is at least 21 years of age.

(2) Is a citizen of the United States or legally present in this state.

(3) Is a high school graduate or the equivalent.

(4) Has successfully completed a crematory operator training course approved by the board.

(5) Has completed a course in universal precaution and blood-borne pathogens approved by the board.

(6) Has submitted a completed application and supporting documents, as required by the board, and a fee established by the board that does not exceed three hundred dollars ($300).

(7) Has successfully completed an examination on Alabama funeral service laws and rules.

(8) Has submitted to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of a cremationist license may be disclosed if necessary to support the denial.

(b) Each new employee of a crematory required to be licensed under this section shall be certified within one year after his or her employment. A copy of all certified cremationist certificates shall be posted in the crematory and available for inspection at any time.

(c) Each funeral establishment performing cremation shall certify by affidavit to the board that each cremationist conducting cremations at the funeral establishment has satisfied all requirements of this chapter to be licensed as a cremationist and received adequate and appropriate training or experience in the practice of cremation.
Ala. Code § 34-29-131 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-131
Section 34-29-131 Exemptions
Status: in_force

(a) The board shall provide by rule that sodium pentobarbital, a sodium pentobarbital derivative, or other authorized injectable agents that act on the central nervous system shall be the only means of euthanasia of dogs and cats at facilities approved by the board that are operated for the collection and care of stray, neglected, abandoned, or unwanted dogs and cats.

(b) The board shall promulgate rules providing for the use of carbon monoxide, CO, and inhalant anesthetics as an acceptable alternative to the injectable agents for individual animals or mass euthanasia in small animals other than dogs or cats. Rules shall include provisions for the type of chamber and gas used, training and inspection requirements, humane comfort of the animals, and safety precautions for personnel.

(c) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a facility approved by the board that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a euthanasia technician certification course. The curriculum for the course shall be approved by the board and shall include, at a minimum, all of the following:

(1) The pharmacology, proper administration, and storage of euthanasia solutions.

(2) Federal and state laws regulating the storage and accountability of scheduled drugs.

(3) OSHA Safety and Material Safety Data Sheet Regulations.

(4) Euthanasia stress management.

(5) Proper disposal of euthanized animals.

(d) Notwithstanding the foregoing, a licensed veterinary technician, in accordance with Section 34-29-94, and regulations adopted pursuant thereto, who is an employee or agent of a licensed veterinarian or animal shelter as defined in Section 34-29-130, may perform euthanasia without completing the certification course required by subsection (c).

(e) Within by January 31, 2012, any animal shelters operated for the collection and care of stray, neglected, abandoned, or unwanted animals, which operated a gas chamber prior to that date shall have dismantled and removed its gas chamber and shall provide documentation to that effect to the board.
Ala. Code § 34-27C-17 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-17
Section 34-27C-17 Exemptions
Status: in_force

The following persons and entities, including affiliated entities under common control, are exempt from this chapter:

(1) Any person or entity that uses the employees of the person or entity for security services.

(2) Any employee who provides security services only for his or her employer and not for any third party.

(3) A sworn peace officer.
Ala. Code § 34-3-81 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-81
Section 34-3-81 Approval by Court of Rules and Regulations
Status: in_force

The rules and regulations adopted by the Board of Commissioners relative to disbarment shall not be effective until approved by the Supreme Court.
Ala. Code § 34-11-36 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-36
Section 34-11-36 Receipts and Disbursements
Status: in_force

The executive director of the board shall receive and account for all money derived under this chapter. All funds collected shall be deposited with the State Treasurer. With the exception of the civil penalties deposited in the General Fund as provided in Section 34-11-11.1, the State Treasurer shall keep the money in a separate fund to be known as the “Professional Engineers and Professional Land Surveyors Fund.” The fund shall be kept separate and apart from all other money in the Treasury, and shall be paid out only by warrant of the Comptroller upon the 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 Article 4 of Chapter 4 of Title 41. Any funds or money in the hands of the State Treasurer, known as the Professional Engineers and Professional Land Surveyors Fund, at the end of the state fiscal year in excess of that amount equal to 33 percent of the budget of the board for the previous fiscal year shall be transferred into the General Fund of the state. However, in the event that the board elects to implement a biennial license, then the above transfer into the General Fund shall only apply at the end of the non-license year of the biennial license cycle. The money, properties, records, and other things of value owned by or allocated to the fund, the board, or the executive director of the board in his or her capacity as such, serving at the time of enactment of this chapter, shall become the property of and be allocated respectively to the fund, the board, or the executive director of the board under this chapter. The executive director of the board shall give a surety bond to the state in a sum as may be required by state law. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund. The executive director of the board shall receive a salary as determined by the board, in addition to compensation and expenses provided for in Section 34-11-32. The board may employ an executive director and, when necessary, an assistant executive director and fix their compensation and duties. The board may employ clerical or other assistants, subject to the provisions of the Merit System Act, and may make expenditures from the fund for any purpose which in the opinion of the board is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the board’s delegates to regional and national meetings of, and membership dues to, a national examination organization for engineers and land surveyors selected by the board and any of its subdivisions. Under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expenses and compensation provided for in this chapter exceed the amount provided therefor by the Legislature in the general appropriation or other appropriation bills.
Ala. Code § 34-19-13 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-13
Section 34-19-13 State Board of Midwifery - Disposition of Funds
Status: in_force

All funds received by the board under this chapter shall be deposited in the State Treasury to the credit of the board and all such funds are to be appropriated to the board to defray the expenses incurred in carrying out this chapter. The expenses shall include printing, stamps, stationery, clerical help, travel, and other necessary expenditures. In all cases, any fee that is received by the board shall not be refunded, and no applicant shall have the right to recover any part of a fee accompanying his or her application for licensure or otherwise paid to the board except on the death, disability, or retirement from practice of any applicant or licensee between payment of any fee and the expiration of his or her current renewal or the issuance of the initial license. The books and records of the board shall be subject to audit in the same manner and to the same extent as any other state agency. The board shall keep a true and accurate account of all funds received by the board and all expenditures made by the board.
Ala. Code § 34-35-4 — Alabama Code / Title 34 / Chapter 35 / Section 34-35-4
Section 34-35-4 Application for License
Status: in_force

(a) A transient merchant who desires to transact business in a county in this state must apply for and obtain a license in each county in which the merchant desires to transact business. The license application shall be filed with the probate judge and must include:

(1) The name and permanent address of the transient merchant making the application;

(2) A statement describing the kind of business to be conducted, the length of time for which the applicant desires to transact the business, and the proposed location of the business;

(3) The name and permanent address of the applicant’s registered agent or office; and

(4) Proof that the applicant has acquired all other required city, county, and state permits and licenses.

(b) If the applicant is an association or a corporation, the applicant must also include the names and addresses of the members of the association or the officers of the corporation. If the applicant is a corporation, the application must state the date of incorporation and the state in which it was incorporated. If the applicant is a corporation organized under the laws of another state, the applicant must state the date on which the corporation qualified to transact business as a foreign corporation in this state.
Ala. Code § 34-30-5 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-5
Section 34-30-5 Disciplinary Proceedings - Procedure
Status: in_force

The following procedure will apply to revocation and suspension hearings and to judicial review of these hearings:

(1) Hearings are to be conducted by a five-person panel of the Board of Social Work Examiners with recommended decisions to be by majority vote of the panel.

(2) Reasonable notice (20 days’ minimum) of charges to be served personally or by registered mail.

(3) Stenographic record of proceedings.

(4) A person licensed under this chapter whose license is subject to suspension or revocation is entitled to:

a. The presence of counsel at the hearing at his expense;

b. The right to cross-examination of witnesses;

c. The right to call witnesses on his or her own behalf; and

d. The right to subpoena witnesses and documents.

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

a. Is not based upon substantial evidence upon the entire record;

b. Is arbitrary or capricious;

c. Is in violation of statutory requirements; or

d. Was made without affording the licensee or applicant due process of law.

(6) The board may, in its discretion, seek an injunction against any person engaged in violation of this chapter.
Ala. Code § 34-2A-1 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-1
Section 34-2A-1 Definitions
Status: in_force

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

(1) ASSISTED LIVING ADMINISTRATOR. Any individual who is charged with the general administration of an assisted living facility or a speciality care assisted living facility, whether or not the individual has an ownership interest in the facility, and whether or not his or her functions and duties are shared with one or more other individuals.

(2) ASSISTED LIVING FACILITY. Any facility, including both assisted living facilities and speciality care assisted living facilities, that is defined as such for licensing purposes pursuant to Section 22-21-20. For purposes of this chapter, the term “assisted living facility” shall not include family assisted living facilities as the term is defined in the rules and regulations promulgated by the Department of Public Health.

(3) BOARD. The Board of Examiners of Assisted Living Administrators of the State of Alabama.

(4) EXECUTIVE DIRECTOR. The executive director of the board.

(5) PRACTICE OF ASSISTED LIVING ADMINISTRATION. The planning, organizing, directing, and control of the operation of an assisted living facility.

(6) PROVISIONAL ASSISTED LIVING ADMINISTRATOR. An individual who has been issued a provisional license by the board.

(7) PROVISIONAL LICENSE. A temporary license issued to a provisional assisted living administrator by the board.
Ala. Code § 34-26-88 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-88
Section 34-26-88 Coordinated Licensure Information System
Status: in_force

(a) The commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all individual psychologists to whom this compact is applicable in all compact states as defined by the rules of the commission.

(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Significant investigatory information;

(4) Adverse actions against a psychologist’s license;

(5) An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;

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

(7) Any denial of application for licensure, and the reasons for such denial; and

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

(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
Ala. Code § 34-24-504 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-504
Section 34-24-504 Patient Medical Records
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 § 34-6-12 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-12
Section 34-6-12 Gambling in Billiard Room Prohibited; Underage Customers Prohibited in Establishments Selling Alcohol
Status: in_force

No dice, cards, dominoes, or other games of chance shall be permitted, nor any form of gambling allowed in any billiard room, or in any room in which billiard tables are located, or in any cigar store or other business located in the same room; and no game prohibited by law shall be played on the premises, and it is expressly provided that the games as are now known as Kelly pool, keno, star pool, scrub, and similar gambling devices are expressly prohibited, and that no racing or other betting pool shall be exhibited, permitted, or sold in the place of business. However, no establishment operating under the extended hours and allowing the sale, service, or use of alcohol, under the provisions of this section, may have customers in the establishment who are not of legal drinking age. In counties having populations of not less than 56,500 nor more than 59,000, according to the 1970 or any subsequent federal decennial census, domino games shall be lawful in billiard rooms or other rooms in which billiard tables are located.
Ala. Code § 34-19-17 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-17
Section 34-19-17 Violations
Status: in_force

(a) Except as provided in this section, it shall be unlawful for an individual other than a licensed midwife to practice midwifery in this state for economic remuneration or to hold himself or herself out to be a licensed midwife unless he or she is a licensed midwife as defined in this chapter. An individual violating this section shall be guilty of a Class C misdemeanor.

(b) An individual does not violate subsection (a) in any of the following circumstances:

(1) The individual is a certified nurse midwife acting in accordance with Sections 34-21-80 to 34-21-93, inclusive.

(2) The individual is training under a licensed midwife and is assisting the licensed midwife in the practice of midwifery.

(3) The individual is providing gratuitous assistance at childbirth.

(c) Nothing in this section shall be construed to repeal, abridge, or modify Section 6-5-332, or any other Good Samaritan statute.
Ala. Code § 34-9-83 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-83
Section 34-9-83 Requirements for Assistants
Status: in_force

Allied dental personnel who assist dentists during oral conscious sedation procedures must be currently certified in cardiopulmonary resuscitation. During a sedation procedure, at least one additional person must be present in addition to the dentist. This may be a chair side dental assistant.
Ala. Code § 34-27C-1 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-1
Section 34-27C-1 Definitions
Status: in_force

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

(1) ARMED SECURITY OFFICER. An individual whose principal duty is that of a security officer and who at any time wears, carries, possesses, or has access to a firearm in the performance of his or her duties.

(2) BOARD. The Alabama Security Regulatory Board.

(3) CERTIFICATION CARD or LICENSURE CARD. The identification card issued by the board to an individual as evidence that he or she has met the basic qualifications required by this chapter and is currently certified or licensed with the board to perform the duties of a security officer.

(4) CERTIFIED TRAINER. Any person approved and certified by the board as qualified to administer, and certify as to the successful completion of, the basic training requirements for security officers required by this chapter.

(5) CONTRACT SECURITY COMPANY. Any individual, firm, association, company, partnership, limited liability company, corporation, institution, or similar business entity engaged in the business of providing, or which undertakes to provide, a security officer on a contractual basis to another person or entity. The security officer provided by a contract security company is a contract security officer. In addition, any person who provides security services for more than one employer in any one week period, except for a permanent change of employment, shall be deemed to be engaged in the contract security company business and shall be licensed pursuant to this chapter.

(6) EMPLOYER-EMPLOYEE RELATIONSHIP. The performance of any service for wages or under any contract of hire, written, oral, expressed, or implied by an individual, provided the employer has control or direction over the performance of the employee and provided the service is performed personally by the employee.

(7) LICENSEE. Any person or contract security company to which a license is granted in accordance with this chapter.

(8) PUBLIC ENTITY. The federal government, the state, or any political subdivision, agency, department, branch, or service of either the state or federal government, or any county or municipality, or any other unit of local government.

(9) SECURITY OFFICER.

a. A person employed under contract, whose principal purpose is to protect a person or persons or property from criminal activity, and whose duties include, but are not limited to, the following:

1. The detection and prevention of unauthorized intrusion or entry, larceny, vandalism, abuse, arson, or trespass on private property.

2. The prevention, observation, or detection of any unauthorized activity on private property.

3. The control, regulation, or direction of the flow or movements of individuals, whether by vehicle, on foot, or otherwise.

b. The term does not include persons whose duties are limited to custodial duties or the reporting of violations of inhouse administrative regulations only, and who do not wear a security uniform.

(10) SWORN PEACE OFFICER. Any individual who derives plenary or special law enforcement powers from, and is an employee of, or certified by, the federal government, the state, or any political subdivision, agency, department, branch, or service of either, or of any county or municipality, or of any other unit of local government.
Ala. Code § 34-40-63 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-63
Section 34-40-63 Compact Privilege
Status: in_force

(a) To be eligible for a compact privilege under the terms and provisions of this compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure before entry in the compact and shall:

(1) Satisfy one of the following two pathways:

a. Hold a valid current active certification through BOC.

b. If a licensee does not meet the requirements of paragraph a., the following must be completed:

1. An education program which is either:

(i) At least a bachelor’s degree with a major course of study in athletic training, an equivalent course of study from a college or university accredited at the time of graduation by CAATE;

(ii) An academic degree from a college or university in a foreign country equivalent to the degree described in item (i) with a major course of study as described in item (i) that is accredited by CAATE; or

(iii) The substantial equivalent of the foregoing which the commission may determine by rule.

2. Successful completion of the exam administered by BOC, preceding the date of the licensee’s application for licensure in his or her state of qualifying licensure or the substantial equivalent of the foregoing requirement which the commission may determine by rule;

(2) Hold a compact qualifying license;

(3) Have not had any encumbrance against any license or compact privilege to practice athletic training within the previous two years;

(4) Be eligible for a compact privilege in any member state in accordance with this section;

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

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

(7) Meet only the continuing competence requirements established by the state of qualifying licensure;

(8) Comply with any requirements of the state of qualifying licensure as set forth in Section 34-40-62;

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

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

(b) The compact privilege is valid until the expiration date of the compact qualifying license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the compact qualifying license as the compact commission may define by rule. The licensee must comply with the requirements of this section to maintain the compact privilege in the remote state. A licensee may apply for and hold compact privileges in multiple member states.

(c) A licensed athletic trainer must follow the scope of practice of the member state where the patient is located. A licensee engaging in the practice of athletic training in a remote state under the compact privilege shall adhere to the scope of practice laws and rules of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all scope of practice laws and rules and state laws relating to the remote practice of athletic training, as applicable.

(d) A licensee engaging in the practice of athletic training 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, or take any other necessary actions to protect the health and safety of its residents. Any member state which undertakes such an action shall promptly notify the member state and the commission as specified in the rules. The licensee may be deemed to be ineligible to exercise the compact privilege by any member state until the specific time for removal has passed and all fines are paid.

(e) All member state disciplinary orders that impose adverse action against a compact qualifying license shall result in deactivation of the licensee’s compact privilege in all member states during the pendency of the order. If a compact qualifying license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

(1) The compact qualifying license is no longer encumbered.

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

(f) Once an encumbered license is restored to good standing as a compact qualifying license, as certified by the licensing authority, the licensee must meet the requirements of this section to obtain a compact privilege in any remote state.

(g) If a licensee’s compact privilege in any remote state is removed, that licensee may also lose the compact privilege in other remote states, as each member state shall determine in its sole authority, until the following occur:

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

(2) All fines have been paid.

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

(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
Ala. Code § 34-31-34 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-34
Section 34-31-34 Appeals
Status: in_force

Any appeals to the chapter shall be as defined by the Alabama Administrative Procedure Act. Any judicial review pursuant to the Alabama Administrative Procedure Act must be filed, commenced, and maintained in the Circuit Court of Montgomery County, Alabama.
Ala. Code § 34-30-115 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-115
Section 34-30-115 Consistent Effect and Conflict with Other State Laws
Status: in_force

(a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and rules, including laws, rules, and applicable standards of the remote state where the client is located at the time care is rendered.

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

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

(d) All permissible agreements between the commission and the member states are binding in accordance with their terms.
Ala. Code § 34-30-29 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-29
Section 34-30-29 Supervision of Licensed Bachelor Social Workers
Status: in_force

Effective January 1, 1984, and thereafter, each person licensed under this chapter as a licensed bachelor social worker who has received two years or more of continuing supervision from a licensed graduate social worker or a licensed certified social worker may engage in the practice of social work without further supervision as long as this person remains in their same type of social work practice.
Ala. Code § 34-29-62 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-62
Section 34-29-62 Legislative Intent
Status: in_force

In order to promote the public health, safety, and welfare by safeguarding the people of the State of Alabama against unqualified or incompetent practice of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this article. It is the legislative intent that veterinarians who are not normally competent or who otherwise present a danger to the public shall be disciplined or prohibited from practicing in the State of Alabama.
Ala. Code § 34-9-60 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-60
Section 34-9-60 Use of Local Anesthesia; Permit to Use General Anesthesia
Status: in_force

Any individual licensed or permitted to practice dentistry in the State of Alabama shall be authorized to use anesthesia in accordance with all of the following:

(1) All dentists are authorized to use local anesthesia.

(2) Twelve months after May 29, 1985, no dentist shall use general anesthesia on an outpatient basis for dental patients, unless the dentist possesses a permit of authorization issued by the board.

a. In order to receive the permit, the dentist must apply on a prescribed application form to the board, submit an application fee, and produce evidence showing that he or she meets all of the following requirements:

1. Has completed a minimum of one year of advanced training in anesthesiology and related academic subjects, or its equivalent, beyond the undergraduate dental school level in a training program as described in Part II of the guidelines for teaching the comprehensive control of pain and anxiety in dentistry; or

2. Is a diplomate of the American Board of Oral and Maxillofacial Surgery, or is eligible for examination by the American Board of Oral and Maxillofacial Surgery, or is a member of the American Association of Oral and Maxillofacial Surgeons; or

3. Employs or works in conjunction with a licensed physician who is a member of the anesthesiology staff in an accredited hospital, provided the anesthesiologist must remain on the premises of the dental facility until any patient given a general anesthetic regains consciousness and is discharged; and

4. Has a properly equipped facility for the administration of general anesthesia staffed with a supervised team of auxiliary personnel capable of reasonably assisting the dentist with procedures, problems, and emergencies incident thereto. Adequacy of the facility and competence of the anesthesia team shall be determined by the board as outlined in paragraph b.

5. Has successfully competed training in Advanced Cardiovascular Life Support (ACLS), and his or her auxiliary personnel have successfully completed training in Basic Life Support (BLS).

b. Prior to the issuance of the permit, the board, at its discretion, may require an on-site inspection of the facility, equipment, and personnel to determine if the requirements in paragraph a. have been met. This evaluation shall be carried out in a manner prescribed by the board. The evaluation shall be conducted by a team of three examiners appointed by the board. The team of examiners shall consist of at least one licensed dentist who holds a general anesthesia permit and at least two other persons as prescribed by the board pursuant to its rules. If the results of the initial evaluation are deemed unsatisfactory, the applicant may reapply for a permit subject to the correction of the deficiencies outlined in the original evaluation.

(3) Each dentist who is licensed to practice dentistry in the state on May 29, 1985, who desires to continue to use general anesthesia shall make application on the prescribed form to the board within 12 months of May 29, 1985. If he or she meets the requirements of this section, he or she shall be issued such a permit. If the applicant does not meet the requirements of paragraph (2)a., he or she may be entitled to a “general anesthesia permit” provided the applicant passes to the satisfaction of the board an on-site inspection as provided for in paragraph (2)b.
Ala. Code § 34-25B-24 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-24
Section 34-25B-24 Exceptions
Status: in_force

This chapter does not apply to the following:

(1) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is performing duties related to his or her employment.

(2) An investigation of the internal affairs of a private business entity investigating a current or prospective employee.

(3) An employee of any business or entity that is not primarily engaged in the business of private investigation when that employee is working under a contract for his or her services that his or her employer signed with a third party.

(4) Any person or professional, including without limitation an attorney providing legal services, who is not primarily engaged in the business of private investigation, but who in conjunction with his or her business or profession may occasionally perform private investigation services.

(5) Any business or entity that is not primarily engaged in the business of private investigation.

(6) A consumer reporting agency as defined by the Federal Fair Credit Reporting Act.

(7) Any certified public accountant authorized to engage in the practice of public accountancy in this state or any entity licensed or otherwise permitted to engage in the practice of public accountancy in this state or the affiliated entities thereof.

(8)a. An attorney-at-law in good standing and licensed to practice law;

b. An employee of a single attorney or single law firm who is acting within the employee’s scope of employment for the attorney or law firm; or

c. A consultant, accident reconstructionist, or forensic scientist when the person is retained by an attorney, insurance company representative, or appointed by a court to serve as an expert witness or to investigate, or to make tests, conduct experiments, draw conclusions, render opinions or make diagnoses, where those services require the use of training or experience in a technical, scientific, or social science field.

(9) Any individual engaged in any of the following:

a. Computer or digital forensic services.

b. The acquisition, review, or analysis of digital or computer-based information in order to obtain or furnish information for evidentiary or other purposes or to provide expert testimony before any court, board, officer, or investigating committee.

c. Network or system vulnerability testing, including network scans and risk assessment and analysis of computers connected to a network.
Ala. Code § 34-7B-17 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-17
Section 34-7B-17 Qualifications of Applicants for Examination or Licensure - Barber
Status: in_force

(a) No person may be admitted to an examination or licensed as a Class 2 barber unless he or she possesses all of the following qualifications:

(1) Is at least 16 years old.

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

(3) Has successfully completed at least 1,000 clock hours in a licensed or registered school of barbering or 2,000 clock hours under the immediate supervision of a licensed Class 2 barber, who has held a license for at least five years, including time practicing as a barber before August 1, 2013, and as a licensed barber under this chapter before June 10, 2015.

(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the applicable examination, and pays the license fee shall be issued a Class 2 barber license.
Ala. Code § 34-41-12 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-12
Section 34-41-12 Issuance of License
Status: in_force

(a) Upon payment of a license fee the board shall issue a biennial license to any applicant who has satisfactorily met all the requirements of this chapter. Licenses shall show the full name of the licensee, give a serial number, and shall be signed by both the chair and secretary-treasurer of the board under the seal of the board. The issuance of a license by the board shall be prima facie evidence that the person named therein is entitled to all the rights and privileges of a licensed professional geologist while the license remains in full force and effect.

(b) Each license expires on a biennial basis or at another interval determined by the board unless the license is renewed. An application for renewal shall be filed with the board and shall be accompanied by the renewal fee prescribed by the board. A license which has expired for failure to renew may be restored only after application and payment of the prescribed restoration fee, provided the renewal applicant meets all other provisions established by the board.

(c) An applicant for renewal of a license shall have satisfactorily maintained continuing education requirements as specified by the board.

(d) A new license to replace any license lost, destroyed, or mutilated may be issued subject to the rules of the board and payment of a fee established by the board.
Ala. Code § 34-15-5 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-5
Section 34-15-5 State Hotel Inspector and Assistants - Generally
Status: in_force

The State Health Officer is ex officio State Hotel Inspector, and the inspectors of the State Board of Health, or that may hereafter be of the State Board of Health, are ex officio assistant hotel inspectors, and such assistants shall be, in the inspection of hotels as provided for in this chapter, under the exclusive direction and supervision of the State Hotel Inspector.
Ala. Code § 34-1A-10 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-10
Section 34-1A-10 Applicability of Chapter
Status: in_force

This chapter shall not apply to a person or business entity that is located in and only conducts business in a county having a population of less than 30,000 inhabitants according to the most recent federal decennial census that would otherwise be required to be licensed under this chapter if the person or business entity had a business license for the installation, service, or monitoring of burglar alarm systems for five or more continuous years prior to August 1, 2013, except newly hired employees who must be subject to a background check by the board.
Ala. Code § 34-23-50 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-50
Section 34-23-50 Licensed Required; Pharmacy Intern/Extern Permit; Distributing or Dispensing Controlled Substances
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation to practice pharmacy in this state or to permit prescriptions to be compounded or dispensed by a person other than a person duly licensed by the board to practice pharmacy in this state.

(b)(1) Notwithstanding subsection (a), the board may issue a pharmacy intern/extern permit as further provided in this subsection that authorizes a pharmacy intern or extern to compound and dispense prescriptions while serving under the immediate direct supervision of a licensed pharmacist on the premises of a permitted pharmacy.

(2) The following persons may apply to the board for a pharmacy intern/extern permit:

a. A person who holds a professional degree in pharmacy from a school of pharmacy recognized by the board who desires to serve as a pharmacy intern.

b. A person who is enrolled in a school of pharmacy recognized by the board who desires to serve as a pharmacy extern while pursuing his or her education as a pharmacist. In order to be considered enrolled in a school of pharmacy and pursuing education as a pharmacist, the person shall not be absent from the school of pharmacy for more than two consecutive semesters or three consecutive quarters, dependent upon the system in use in the school of pharmacy.

(3) A person requesting a pharmacy intern/extern permit shall submit an application to the board in a form as determined by the board. The person shall be required to be of good moral character and a citizen of the United States or, if not a citizen, must be legally present in the United States with appropriate documentation from the federal government. Further, the person shall not have engaged in any conduct that would be a violation of this chapter or board rule.

(4) The application shall be accompanied with an initial fee of not more than one hundred dollars ($100).

(5) The board shall require a background check on each applicant as part of the initial application process. The cost of the background check shall be paid by the applicant.

(6) A pharmacy intern/extern permit shall expire on December 31 of odd-numbered years. In order to continue to work as an intern or extern, a renewal fee of not more than one hundred dollars ($100), as determined by the board, shall be received by the board by December 31 of the year of expiration. If the renewal is not timely received by the board, the applicant for renewal shall pay a penalty of not more than fifty dollars ($50), as determined by the board, for each month the renewal is late.

(7) For the purposes of this subsection, “immediate direct supervision” means that at least one pharmacist is personally present and available on the premises of the pharmacy for consultation with the intern or extern at all times.

(c) Notwithstanding Section 20-2-51 or any other law to the contrary, each person licensed by the board to practice pharmacy may distribute or dispense controlled substances during the biennial period for which the person is licensed.
Ala. Code § 34-24-173 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-173
Section 34-24-173 Rules of Evidence in Contested Cases
Status: in_force

In contested cases:

(1) The rules of evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The board shall give effect to the rules of privilege recognized by law. Except as hereinafter provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever any evidence is excluded as inadmissible, all such evidence existing in written form shall remain a part of the record as an offer of proof. The party seeking the admission of oral testimony may make an offer of proof by means of a brief statement on the record describing the testimony excluded. All rulings on the admissibility of evidence shall be final and shall appear in the record. Subject to these requirements, when a hearing will be expedited and interests of the parties will not be prejudiced substantially, any part of the evidence may be received or may be required to be submitted in verified form; provided, the adversary party shall not be denied the right of cross-examination of the witness. The testimony of the parties and witnesses shall be made under oath.

(2) Documentary evidence otherwise admissible may be received in the form of copies or excerpts, or by incorporation by reference to material already on file with the board. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3) A party may conduct cross-examination required for a full and true disclosure of the facts, except as otherwise limited by law.

(4) Official notice may be taken of all facts of which judicial notice may be taken and of other scientific and technical facts within the specialized knowledge of the board.

(5) The experience, technical competence, and specialized knowledge of the board may be utilized in the evaluation of the evidence.

(6) The board’s interpretation of its own rules and regulations in contested cases shall be final and conclusive and shall not be set aside upon judicial review.

(7) The board shall have the power to issue subpoenas and to compel the attendance of any witness or the production of any book, writing, or other document in the possession, custody, or control of any person. Any person refusing to produce any book, writing, or other document or to appear to testify, without legal excuse, at such hearing of the board, after having been served with a subpoena issued by the board, shall be guilty of contempt; and upon certification of such act by the board to the judge of the circuit court of whose jurisdiction the hearing is held or is to be held, the judge shall punish the same as though committed before him.
Ala. Code § 34-37-3 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-3
Section 34-37-3 Appointments to Board; Composition
Status: in_force

The board members serving on January 1, 2011, shall continue to serve on the board until successor board members are appointed and qualified. Appointments shall be subject to confirmation by the Senate. Commencing on March 26, 2012, as the term of office of a member serving on the board expires, the member shall continue to serve on the board until a successor board member is appointed and qualified. The Governor shall designate the length of term for each of his or her appointees not to exceed four years. The board shall always be composed of the following members: One member appointed by the Governor shall be a master plumber as defined by this chapter; one member appointed by the Governor shall be a master plumber as defined by this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman plumber as defined by this chapter; one member appointed by the Governor shall be a registered professional engineer licensed by the State Board of Registration of Professional Engineers and Land Surveyors as provided in Article 2 of Chapter 11, or any subsequent act relating to the licensing of professional engineers; one member appointed by the Governor shall be a municipal or county building official; one member appointed by the Governor shall be a master gas fitter as defined in this chapter; one member appointed by the Governor shall be a master gas fitter as defined in this chapter whose work is primarily residential; one member appointed by the Governor shall be a journeyman gas fitter as defined in this chapter; and one member appointed by the Governor shall be appointed from the public at large. The member representing the public at large shall not be engaged or otherwise connected to the plumbing or gas industry or the installation of plumbing or gas work nor connected with any person, firm, or corporation handling or dealing in material, fixtures, or appliances connected with plumbing or gas work. Each member of the board shall be a resident of this state and appointments to the board shall be coordinated to assure that the membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.
Ala. Code § 34-34A-6 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-6
Section 34-34A-6 Creation of Board of Examiners; Members; Qualifications of Members; Term of Membership; Duties of Board
Status: in_force

(a) The State Board of Examiners for Dietetics/Nutrition Practice is hereby created.

(b) The board shall consist of three members. Two members of the board shall be dietitians/nutritionists licensed under this chapter. One member of the board shall be a lay person. The Governor shall appoint board members. At least two names shall be submitted for each place on the board. No elected officer of the Alabama Dietetic Association, Inc., shall be eligible to serve on the board.

(c) Each dietitian/nutritionist on the board shall have been engaged in the practice of dietetics/nutrition for not less than seven years, with at least the last two years in the State of Alabama. The dietitians/nutritionists on the board shall be in different areas of practice, namely: Clinical dietetics and research, community dietetics, management, consultation and private practice, and education.

(d) The lay member of the board shall not be a spouse or relative of any other member of the board.

(e) Each member of the board shall serve for a term of three years and may succeed himself for one additional term; provided, however, that where a member was initially appointed either to create the board, or to fill a vacancy, such member may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment and the member shall no longer be eligible to participate in board proceedings unless lawfully appointed. Members of the initial board shall be appointed in such a manner that one member shall serve a two-year term, one board member shall be appointed for a three-year term, and one board member shall be appointed for a four-year term.

(f) The dietitian/nutritionist members of the board shall become licensed during the first year of operation of the board. Thereafter, dietitian/nutritionist board members shall be licensed under this chapter.

(g) The board shall meet no less than twice a year.

(h) The duties of the board shall include:

(1) Promulgate rules and regulations necessary to implement this chapter.

(2) Adopt a code of ethics.

(3) Determine qualifications and fitness of applicants, issue licenses, reinstate licenses.

(4) Revoke, suspend, or deny a license.

(5) Receive and process complaints.

(6) Provide for examination or waiver of examination for applicants as specified by Commission on Dietetic Registration.

(7) Impose penalties.

(i) Each member of the board shall receive a per diem fee of not less than $25 and not more than $100 to be determined by the board for the time spent in the performance of his or her official duties and in necessary travel and shall be reimbursed for all travel and incidental expenses as provided by the laws of the State of Alabama and by regulations of the State Personnel Director incurred in carrying out provisions of this chapter. In setting the per diem fee, the board shall give due consideration to funds which are available for such purposes.
Ala. Code § 34-24-305 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-305
Section 34-24-305 Payment of Fines; Refund
Status: in_force

The board shall not renew the license as set forth in Section 34-24-299 of any assistant to physician against whom an administrative fine has been assessed by the board until such fine is paid in full. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act, the assistant to physician shall be entitled to a prompt refund of the amount of the fine but shall not be entitled to interest thereon.
Ala. Code § 34-14A-16 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-16
Section 34-14A-16 Applicability to Certain Counties
Status: reserved

Repealed by Act 2006-105, p. 136, §3, effective May 1, 2006.
Ala. Code § 34-32-18 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-18
Section 34-32-18 Penalty for Violations
Status: in_force

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and for each offense for which he or she is convicted shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than three months or by both.
Ala. Code § 34-25A-2 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-2
Section 34-25A-2 Short Title
Status: in_force

This chapter shall be known as the Prosthetics and Orthotics Act.
Ala. Code § 34-7B-54 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-54
Section 34-7B-54 Reissuance of a Multistate License by a New Home State
Status: in_force

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

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

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

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

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

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

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

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

(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
Ala. Code § 34-27C-18 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-18
Section 34-27C-18 Relation to Other Provisions
Status: in_force

(a) No governmental subdivision of this state shall enact any legislation, code, or ordinance, or adopt any rule relating to the licensing, training, or regulation of contract security companies or individuals functioning as security officers, other than for the imposition of a bona fide business tax or occupational tax, or both.

(b) Any provision of any legislative code, ordinance, or rule promulgated by any local governmental subdivision of this state, relating to licensing, training, or regulation of contract security companies or security officers, shall be superseded by this chapter.
Ala. Code § 34-13-261 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-261
Section 34-13-261 Trust Fund; Trustee; Interests of Purchaser; Seller
Status: in_force

(a) Any person who receives or collects any funds on account of a preneed contract in this state for cemetery services or cemetery merchandise, or both, entered into after May 1, 2002, shall have the obligation to pay over and contribute into a trust fund as hereinafter described, those amounts or proportions of the funds as hereinafter provided.

(b) Whether or not the preneed contract provides for cemetery merchandise or cemetery services, or any combination thereof, the trust fund shall be referred to in this section as the Cemetery Merchandise and Services Trust Fund.

(c) The trustee of the Cemetery Merchandise and Services Trust Fund shall be qualified as such within the definition of the trustee.

(d) The trustee shall take title to the property conveyed to the Cemetery Merchandise and Services Trust Fund subject to this section.

(e) The contract purchaser shall have no interest whatsoever in, or power whatsoever over, the funds deposited in the Cemetery Merchandise and Services Trust Fund.

(f) The party contracting to deliver the cemetery merchandise or cemetery services or cash advances, whether or not a preneed provider, shall be referred to in this section as the “seller.”

(g) The seller shall be the beneficiary of the Cemetery Merchandise and Services Trust Fund.
Ala. Code § 34-24-605 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-605
Section 34-24-605 Ownership and Operation
Status: in_force

(a) All registrants must provide pain management services at a location that is owned and operated by one of the following:

(1) One or more physicians licensed to practice medicine in Alabama.

(2) A business entity registered with the Secretary of State.

(3) A governmental entity or body, or political subdivision, or any combination thereof, including state universities and schools.

(b) In order to be registered, a physician shall certify that each practice location is under the direction of a medical director who shall be a physician who possesses a current, unrestricted license to practice medicine or osteopathy in Alabama.

(c) Every registrant providing pain management services is required to obtain access to the Alabama Prescription Drug Monitoring Program (PDMP) maintained by the Alabama Department of Public Health.
Ala. Code § 34-23-11 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-11
Section 34-23-11 Physicians, Dentists, Registered Nurses, Etc., Exempt from Chapter
Status: in_force

(a) Nothing contained in this chapter shall prevent any licensed practitioner of the healing arts from personally compounding, dispensing, administering, or supplying to his or her patient drugs and medicines for their use. This chapter shall not apply to the manufacture or sale at wholesale or retail of patent or proprietary medicines as purchased from a manufacturer or wholesaler, or to the manufacture or sale at wholesale or retail of packaged, bottled, or nonbulk chemicals, medicines, medical and dental supplies, cosmetics, and dietary foods when identified by and sold under a trademark, trade name, or other trade symbol, privately owned or registered in the United States Patent Office, sold or offered to be sold to the general public, if the article meets the requirements of the Federal Food, Drug, and Cosmetic Act other than prescription legend drugs.

(b) A registered nurse in the employment of the State Health Department or a county health department may, in the provision of health care services, dispense legend drugs as provided in this section under the standing orders or direct supervision of a physician licensed to practice medicine in this state and pursuant to procedures established by the Board of Pharmacy and implemented by a pharmacist licensed to practice pharmacy in this state. The nurse may dispense the legend drugs for the treatment of tuberculosis, sexually transmitted diseases, family planning, hypertension, and other programs if approved by the State Board of Pharmacy. The dispensing of the drugs shall meet all labeling, packaging, recordkeeping, and counseling requirements of a prescription. The Board of Pharmacy shall have the responsibility to inspect the site where the dispensing occurs. The authority granted to a registered nurse pursuant to this subsection shall not apply to controlled substances as defined in Chapter 2 of Title 20.
Ala. Code § 34-14B-1 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-1
Section 34-14B-1 Short Title
Status: in_force

This chapter shall be known and may be cited as “The Alabama Home Inspectors Registration Act.”
Ala. Code § 34-41-16 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-16
Section 34-41-16 Roster
Status: in_force

The secretary-treasurer of the board shall publish biennially a roster showing the names, license numbers, places of business, and business and residence addresses of all professional geologists licensed in Alabama. Copies of this roster shall be made available to the public upon request and payment of a reasonable fee.
Ala. Code § 34-32-11 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-11
Section 34-32-11 Certificates Not Renewed Within Five Years
Status: in_force

Certificates as a registered professional soil classifier which are not renewed within five years after expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of such certificate may apply for and obtain a new certificate if:

(1) No fact, circumstance, or condition exists which, if the certificate was issued, would justify its revocation or suspension;

(2) He or she takes and passes the examination which would be required of him or her if he or she were then applying for the certificate for the first time.
Ala. Code § 34-13-91 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-91
Section 34-13-91 Application for Examination; Interview; Criminal History Background Check
Status: in_force

(a) The applicant for an embalmer’s license shall make application to the board. The application shall be in writing and verified on a form provided by and addressed to the board and shall be accompanied by the prescribed fee and by affidavits of at least two licensed embalmers to the effect that the applicant is of good moral character and has met all qualifications required for examination for license as prescribed by this chapter. The board may require an applicant for an embalmer’s license to submit to a personal interview.

(b) Commencing on October 1, 2017, in addition to the requirements of subsection (a), an applicant for an embalmer license shall submit to the board a form, sworn to by the applicant, that contains the name, date of birth, and Social Security number of the applicant, and two complete sets of fingerprints, for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history record check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history record check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subsection confidential, except that information received and relied upon in denying the issuance of an embalmer license may be disclosed if necessary to support the denial.
Ala. Code § 34-6-11 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-11
Section 34-6-11 Law as to Minors Kept Posted
Status: in_force

Every licensed billiard room proprietor shall post in his or her room where the tables are operated a placard having Section 34-6-9 conspicuously written upon or printed thereon, in letters of not less than one fourth of an inch in height, for the information of his or her patrons.
Ala. Code § 34-23-157 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-157
Section 34-23-157 Components Transferred to Nonoriginal Container; Advance Product Preparation; Labeling
Status: in_force

(a) If a component is transferred from the original container to another container, including, but not limited to, a powder being taken from the original container and stored in another container, the new container shall be identified with the following information:

(1) Component name and supplier.

(2) Lot number and expiration date, if available.

(3) Strength and concentration.

(b) Products prepared in anticipation of a prescription prior to receiving a valid prescription shall be prepared in reasonable amounts. Products shall be labeled or documentation referenced with all of the following information:

(1) A complete list of ingredients or designated name of the preparation.

(2) Preparation date.

(3) Beyond use date.

(4) Storage under conditions dictated by composition and stability, including storage in a clean, dry place or in the refrigerator.

(5) Batch or lot number.

(c) Upon the completion of the drug preparation operation, the pharmacist shall examine the product for correct labeling. The prescription label shall contain all of the information required of other prescriptions.
Ala. Code § 34-30-24 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-24
Section 34-30-24 Issuance of License to Persons Licensed in Other States
Status: in_force

Upon receipt of an application from a person who holds a valid social workers’ license from another state of the United States which requires standards equivalent to Alabama’s for licensing and who possesses all the qualifications prescribed in Section 34-30-22, except that he or she has not paid the examination fee or passed the examination prepared by the board, accompanied by the initial license fee, the board shall issue a license as a “licensed bachelor social worker,” “licensed master social worker,” or “licensed independent clinical social worker” to the applicant therefor.
Ala. Code § 34-8-26 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-26
Section 34-8-26 Register of Applicants; Roster of Contractors; Annual Report; Investigation and Report of Complaints
Status: in_force

The secretary-treasurer shall keep a record of the proceedings of the board and a register of the applicants for license, showing for each the date of application, name, qualifications, place of business, and whether the license was granted or refused. The books and register of this board shall be prima facie evidence of all matters recorded therein, and a certified copy of such books or register, under the seal of the board, attested by its secretary, shall be received in evidence in all courts in this state in lieu of the original.

A roster showing the names and places of business of all licensed general contractors shall be prepared by the secretary of the board as soon as convenient after the board first meets each year. Such roster, which shall include a copy of the licensing law, shall be printed by the board out of funds of the board, as provided in Section 34-8-25, and a copy mailed to and placed on file by the clerk of each incorporated city and town in the state and to and by the probate judge of each county in the state.

On or before March 1 of each year, the board shall submit to the Governor a report of its transactions for the preceding year and shall file with the Secretary of State a copy of such report, together with a complete statement of receipts and expenditures of the board, attested by the affidavit of the chairman and secretary and a copy of the roster of licensed general contractors.

It shall be the duty of the secretary-treasurer to investigate and report to the board each complaint filed relative to violation of this chapter.
Ala. Code § 34-9-81 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-81
Section 34-9-81 Permits Required
Status: in_force

In order to administer oral conscious sedation, a dentist must possess a general anesthesia permit, a parenteral sedation permit, or an oral conscious sedation permit from the board. In order to receive an oral conscious sedation permit, the dentist must apply on a prescribed application form to the board and submit an application fee. The dentist applying for the permit must show evidence that he or she has done at least one of the following:

(1) Has completed an American Dental Association accredited postgraduate general dentistry or specialty residency program which included specific training in oral conscious sedation.

(2) Has completed a minimum of 16 hours’ training in oral conscious sedation in a course approved by the board.

(3) Has certification of training in oral conscious sedation by any entity or organization approved by the board.
Ala. Code § 34-21-20.1 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-20.1
Section 34-21-20.1 Submission and Use of Fingerprints for Criminal History Background Check; Costs; Confidentiality
Status: in_force

(a) Each applicant for a multistate license as a registered nurse or licensed practical nurse, and each applicant for initial licensure by endorsement as a registered nurse or licensed practical nurse, shall submit a full set of fingerprints to the board for the purpose of obtaining a state and national criminal history background check.

(b) Fingerprints obtained pursuant to subsection (a) may be exchanged by the board, the Alabama State Law Enforcement Agency or any successor entity thereof, or any channeler approved by the board, with the Federal Bureau of Investigation for the purpose of obtaining a state and national criminal history background check.

(c) The applicant or licensee shall be responsible for all costs associated with the submission of his or her fingerprints and obtaining a state and national criminal history background check. The board may incorporate those costs into the cost of licensure or may charge the applicant or licensee a separate fee, which may be payable to the board, the Alabama State Law Enforcement Agency or any successor entity thereof, or the approved channeler, as appropriate.

(d) Information received by the board pursuant to a state and national criminal history background check shall be confidential and shall not be a public record, except that any information received by and relied upon by the board in denying the issuance of a license or revoking, suspending, or disciplining a license or licensee may be disclosed as necessary to support the denial or revocation, suspension, or other disciplinary action.
Ala. Code § 34-23-156 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-156
Section 34-23-156 Compounding Procedures
Status: in_force

The board shall establish written procedures for the compounding of drug products to assure that the finished products have the identity, strength, quality, and purity they purport to have or are represented to possess. The procedures shall include, but not be limited to, a listing of the components, their amounts in weight or volume, the lot number of the components, if available, the order of component mixing, a description of the compounding process, and a designated name for the finished product. The procedures shall be followed in the execution of the compounding procedure. Components shall be accurately weighed, measured, or subdivided, as appropriate. The operations shall be checked and rechecked by the compounding pharmacist at each stage of the process to ensure that each weight and measure is correct as stated in the written compounding procedures. Pharmacists shall determine that all finished products have an acceptable degree of weight variation among capsules, and shall assure a reasonable uniformity and integrity of all compounded products.
Ala. Code § 34-10-1 — Alabama Code / Title 34 / Chapter 10 / Section 34-10-1
Section 34-10-1 License Required; Qualifications of License Applicant
Status: in_force

(a) No person shall open, operate, or maintain a private employment agency in the State of Alabama without first procuring a license from the Commissioner of the State Department of Revenue of Alabama. Any person who shall open or conduct any such agency without first procuring a license shall be guilty of a misdemeanor and shall be punished as for a misdemeanor.

(b) Every applicant for a license shall have been a resident of the state of Alabama for at least two years immediately preceding the filing of such application and shall have had at least two years’ experience as a placement counsellor. The provisions of this subsection shall not apply, however, to persons or corporations now licensed in Alabama.
Ala. Code § 34-40-10 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-10
Section 34-40-10 Reasons for Rejection, Revocation, or Suspension of License
Status: in_force

The board may refuse to issue a license certificate to any individual and, after notice and hearing pursuant to its rules, may suspend or revoke the license certificate of any individual who does any of the following:

(1) Practices athletic training other than under the supervision of a physician licensed to practice medicine or surgery.

(2) Uses drugs or intoxicating liquors to an extent which affects professional competency.

(3) Obtains or attempts to obtain a license by fraud or deception.

(4) Is found to be grossly negligent in the practice of athletic training.

(5) Is adjudged mentally incompetent by a court of competent jurisdiction.

(6) Is found to be guilty of conduct detrimental to the best interest of the public.

(7) Is or has been imprisoned for violating any state or federal controlled substance law.

(8) Is treating or has undertaken to treat human ailments otherwise than by athletic training and according to standards established by the board.

(9) Advertises unethically according to standards as set by the board.

(10) Fails or refuses to obey any lawful order or rule of the board.

(11) Engages in the unlawful invasion of the field of practice of any other profession.
Ala. Code § 34-16-7 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-7
Section 34-16-7 Exemptions
Status: in_force

The following persons shall be exempt from licensure or permitting pursuant to this chapter:

(1) Any student who is enrolled in a formal American sign language program, a formal interpreter training program, or a formal interpreter or transliterator internship program. The student shall be allowed to interpret or transliterate as part of his or her training for a maximum of 16 weeks in an educational setting or 120 hours in an agency or business.

(2) Any person who interprets or transliterates solely in a church, synagogue, temple, or other religious setting.

(3) Any person residing outside of the State of Alabama may provide interpreting and transliterating services for up to 14 working days per calendar year without a license.

(4) Any person desiring to interpret for remuneration where circumstances do not allow for fulfillment of the stated requirements for licensure or permitting may petition the board for exemption status.

(5) Those public education personnel and State Department of Rehabilitation personnel, who are not hired as interpreters and transliterators and who are not as a part of their job description responsible for providing interpreting or transliteration services, in circumstances that may necessitate their function as interpreters and transliterators in emergency or incidental situations.

(6) All other public education personnel hired prior to March 15, 2000, who provide interpreting and transliterating services to students. These personnel shall apply for and receive a permit specifying that their permits are restricted to interpreting and transliteration services provided in the public education setting only. The application for this permit shall be submitted to the board prior to October 1, 2000. It shall be the responsibility of the permit holder to annually renew the permit by earning continuing education units in compliance with the requirements of the interpreters and transliterators licensure law. If personnel, who have been grandfathered in pursuant to this subdivision, for any reason should allow their permits to lapse or expire, those personnel shall lose all privileges of this exemption and shall adhere to all requirements of the interpreters and transliterators licensure law to renew their permits.
Ala. Code § 34-32-9 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-9
Section 34-32-9 Application for Registration; Qualifications; Issuance of Certificate Without Examination; Certificate of Registration; Denial of Registration
Status: in_force

(a) An application of registration as a professional soil classifier shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter.

(b) An applicant for registration as a professional soil classifier shall have all the following qualifications:

(1) Be of high ethical professional standards.

(2) As a professional soil classifier, be qualified pursuant to either of the following:

a. A graduate of an approved four-year college curriculum leading to a bachelor of science degree, or its equivalent, in which the applicant has majored in a soils curriculum; and with a specific record of an additional one year or more of experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified. Teaching soil classification courses in a college or university offering an approved four-year soil science or agronomic curriculum should be considered as experience in soil investigations;

b. A graduate of any approved four-year college curriculum, leading to a bachelor of science degree; and with a specific record of an additional two years or more experience in soil classification of a grade and character which indicates to the board that the applicant may be competent to practice as a soil classifier; and be otherwise qualified.

(3) Sit for and pass an examination before the board or its authorized representatives. Such examination will be held at certain specified times and of such scope as prescribed by the board. Generally, the examination shall test the applicant’s knowledge basic to soil classification and his or her ability to apply that knowledge and to assume responsible charge in the professional practice of classification. An applicant failing in an examination may be examined again upon filing a new application and the payment of the application fee fixed by this chapter.

(c) The board, upon application therefor on its prescribed form and upon the payment of registration fees fixed by this chapter, may issue a certificate as a registered professional soil classifier without written examination to any person holding a certificate as a registered professional soil classifier issued to him or her by any state or country having similar requirements, when the applicant’s qualifications meet the other requirements of this chapter and the rules established by the board.

(d) A qualified professional soil classifier practicing soil classification on May 27, 1981, may be certified upon approval of the board, if he or she applies to the board prior to one year after enactment.

(e) In determining the qualifications of an applicant for certification, a majority vote of the board is required.

(f) An applicant who has passed the examination or has otherwise qualified as a professional soil classifier upon payment of the registration fee fixed by this chapter, shall have a certificate as a registered professional soil classifier.

(g) Any applicant who is denied registration or authorization shall, in writing, be so notified and informed of the reason therefor. Within 30 days after receipt of notice, such applicant may make written request to the board for a hearing which, if granted, shall be heard by the board.
Ala. Code § 34-15C-18 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-18
Section 34-15C-18 Sunset Provision
Status: in_force

The board shall be subject to the Alabama Sunset Law, as provided in Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2013, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-22-2 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-2
Section 34-22-2 Objects and Purposes of Chapter
Status: in_force

The practice of optometry is hereby declared to affect the public health, safety, and welfare, and optometry is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of optometry, as defined in this chapter, be limited to qualified persons admitted to practice optometry in the State of Alabama pursuant to the provisions of this chapter. This chapter shall be liberally construed to carry out these objects and purposes.
Ala. Code § 34-14A-4 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-4
Section 34-14A-4 Officers; Meetings; Compensation
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2021-272 IN THE 2021 REGULAR SESSION, EFFECTIVE JULY 1, 2021. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

(a) Members of the board shall select from its own membership a chair, who shall preside at all meetings of the board unless otherwise ordered, and he or she shall exercise and perform all duties and functions incident to the office of chair. The board may select from its own membership a vice-chair, a secretary, and a treasurer. The offices of secretary and treasurer may be held by the same person.

(b) The board, at a minimum, shall meet on a quarterly basis and at such other times as the chair may designate for the purpose of transacting business as may properly come before the board. Four members shall constitute a quorum at all meetings. The secretary of the board shall keep such records of each meeting as shall be required by the board.

(c) Members of the board may be compensated in an amount not to exceed three hundred fifty dollars ($350) per day, not to exceed 15 days per year, for attending meetings of the board or its committees and, in addition, may be reimbursed for such necessary travel expenses as are paid to state employees.

(d) The board may employ an executive director and a deputy director. The board, with the approval of the Governor and the State Personnel Board as provided in Section 36-6-6, shall fix the salary of the executive director and the deputy director.

(e) The executive director may hire staff to carry out this chapter.
Ala. Code § 34-24-161 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-161
Section 34-24-161 Examinations; Issuance and Replacement of License; Identification of Office
Status: in_force

(a) Each applicant, who matriculated into a chiropractic college after January 1, 1973, must pass parts one and two of the examination administered by the National Board of Chiropractic Examiners or other national examination as approved by the board. In addition, each applicant must pass an examination administered by the board on this article and the rules of the board.

(b) The State Board of Chiropractic Examiners shall prescribe rules and regulations regarding which national examination shall be administered, the conduct of and times and places of examinations, and requirements for successful completion of examinations. A license shall be issued for each applicant who successfully completes the examination.

(c) Irrespective of the requirements in subsections (a) and (b), the board may license an applicant if the applicant is licensed in another state that, in the opinion of the board, has standards of practice or licensure equal to or stricter than the requirements imposed by this article. If the applicant graduated from chiropractic college after January 1, 2010, he or she must have a bachelor’s degree from an accredited college or university. Absent a bachelor’s degree, the requirement may be met by an academic graduate degree from a regionally accredited college or university and proof that the applicant has taken a nationally recognized standardized test commensurate with that applicant’s graduate degree.

(d) Upon completion of all requirements for licensure an applicant shall be issued a license. The fee for issuance of a license shall be established by rule of the board. Each license shall be dated and numbered in the order of issuance and shall be signed by the executive director and the president of the board.

(e) Replacement licenses:

(1) Any licensee whose license is lost or destroyed may be issued a replacement license upon making application to the board. The application must be accompanied by an affidavit setting out the facts concerning the loss or destruction.

(2) Name change. Any licensee whose name is changed by marriage or court order may surrender his or her license and apply for a replacement license.

(3) The fee for any replacement license shall be established by rule of the board.

(f) Each licensed chiropractor who is actively engaged in practice or who holds himself or herself out as a chiropractor shall place or cause to be placed in a conspicuous place at the entrance of his or her office or place in which he or she practices a sign in intelligible lettering not less than one inch in height containing the name of the chiropractor and in lettering no smaller than half the size of the name of the chiropractor, the words “CHIROPRACTOR” or “CHIROPRACTIC.” The intent of this requirement is that the office of the licensee be clearly identified by name and profession.

(g) Any licensee or permittee upon request shall be issued a duplicate license upon payment of a fee to be established by rule of the board.
Ala. Code § 34-24-706 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-706
Section 34-24-706 Rulemaking Authority
Status: in_force

(a) The Board of Medical Examiners and the Medical Licensure Commission may adopt rules regulating the provision of telehealth medical services by physicians in this state, even if the rules displace competition.

(b) Rules adopted by the Board of Medical Examiners and the Medical Licensure Commission shall promote quality care, prevent fraud, waste, and abuse, and ensure that physicians provide adequate supervision of health professionals who aid in providing telehealth medical services.

(c) Other than as set forth in this article, the authority of the Board of Medical Examiners and the Medical Licensure Commission to regulate physicians providing telehealth medical services shall be the same as the authority of the board and the commission to regulate physicians providing services in person.
Ala. Code § 34-7B-93 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-93
Section 34-7B-93 Construction and Severability
Status: in_force

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

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

(c) Notwithstanding subsection (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-7B-91, terminate a member state’s participation in the compact if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 34-12-36 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-36
Section 34-12-36 Professional Foresters Fund; Employees; Gifts, Bequests, Etc.; Expenditures
Status: in_force

(a) The secretary of the board shall receive and account for all moneys derived under this chapter and shall pay the same monthly to the State Treasurer, who shall keep such moneys in a separate fund to be known as the Professional Foresters Fund. The fund shall be kept separate and apart from all other moneys in the Treasury and shall be paid out only by warrant of the Comptroller upon the State Treasurer, upon itemized vouchers approved by the chair and attested by the secretary of the board. All moneys in the Professional Foresters Fund are hereby specifically appropriated for the use of the board. The secretary of the board, its office manager, or other designated officer of the board who handles funds shall give surety bond to the state in such sum as the board may determine. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid from the Professional Foresters Fund.

(b) The board may employ such clerical and other assistants as are necessary for the proper performance of its work, or, in lieu of employing clerical assistants, the board may contract with any state department or agency to furnish the board with such clerical assistance as the board deems necessary. The compensation of the assistants or the cost of contracting for the clerical assistance shall be paid out of the Professional Foresters Fund in the manner prescribed herein.

(c) The board is authorized to accept all gifts, bequests, and donations from any source whatsoever, and the gifts, bequests, and donations shall be used or expended in accordance with their terms or stipulations, but in the absence of any such terms or stipulations, the gifts, bequests, or donations may be used or expended for such purposes as the board may determine.

(d)(1) Except as otherwise provided herein, the board may make expenditures for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter, including the expenses of the board’s delegates to any annual conventions of, and membership dues to, the Society of American Foresters; provided, that under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expenses and compensation provided for by this chapter exceed the amount of the examination and registration fees, license fees, donations, and other moneys collected by the board as herein provided.

(2) The board may incur and engage in marketing and promotional expenditures and activities in furtherance of its purposes as determined by the board, which may include the sale of nominal items for marketing and promotional purposes. Any proceeds derived by the board from the sale of marketing and promotional items shall be deposited into the Professional Foresters Fund to be used by the board.
Ala. Code § 34-34B-13 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-13
Section 34-34B-13 Construction and Severability
Status: in_force

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

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

(c) Notwithstanding subsection (b), the compact commission may deny a state’s participation in the compact or, in accordance with the requirements of Section 34-34B-11(b), terminate a member state’s participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 34-15-17 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-17
Section 34-15-17 Removal of Undesirable Guests
Status: in_force

(a) The manager, assistant manager, desk clerk, or other person in charge of or in authority in a hotel, any of whom are hereinafter referred to in this section as “manager,” shall have the right to remove, cause to be removed, or eject from such hotel, in the manner provided in this section, any guest of the hotel or visitor thereto, both hereinafter referred to in this section as “guest,” who, while in the hotel or on the hotel premises, is intoxicated, profane, lewd, brawling, or who shall indulge in any language or conduct or otherwise conducts himself or herself in such fashion as to disturb the peace and comfort of other guests, proprietor, or employees of such hotel.

(b) The manager shall first orally notify such guest that the hotel no longer desires to entertain him or her and request that such guest immediately depart from the hotel. If such guest has paid in advance, the hotel shall, at the time the request to depart is made, tender to the guest the unused or unconsumed portion of any such advance payment.

(c) Any guest who shall remain or attempt to remain in such hotel after being requested, as stated in subsection (b) of this section, to depart therefrom, shall be guilty of a misdemeanor and shall be deemed to be illegally in such hotel or upon its premises.

(d) In the event any such guest shall be illegally in the hotel or upon its premises as stated in subsection (c) of this section, the manager may call to his or her assistance any policeman, constable, deputy sheriff, sheriff, or other law enforcement officer, and it shall be the duty of each member of the aforesaid classes of officers, upon request of the manager of such hotel, forthwith and forcibly, if necessary, to immediately remove or eject from such hotel any such guest illegally in the hotel or upon its premises as aforesaid.
Ala. Code § 34-27A-25 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-25
Section 34-27A-25 No Fee for Certain Contingent Appraisal Assignments
Status: in_force

A licensed real estate appraiser may not accept a fee for an appraisal assignment, as defined in Section 34-27A-24, that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion, or is contingent upon the opinion or valuation reached, or upon the consequences resulting from the appraisal assignment.
Ala. Code § 34-1-6 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-6
Section 34-1-6 Registration of Firms of Certified Public Accountants. (Amended by Act 2026-16)
Status: in_force

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

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

(1) At least 51 percent of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members, or managers, whose principal place of business is in this state, and who perform professional services in this state hold a valid certificate issued under Section 34-1-4. Although firms may include nonlicensee owners, the firm and its ownership must comply with rules promulgated by the board.

(2) Each certified public accountant owner regularly engaged within this state in the practice of public accounting as a member of the firm shall be a certified public accountant of this state in good standing except as provided in subdivision (4) of this subsection or when practicing pursuant to Section 34-1-7.

(3) Each resident manager in charge of an office of a firm in this state whose main office is outside this state shall be a certified public accountant of this state in good standing except as provided in subdivision (4) of this subsection.

(4) Certified public accountants (CPAs) from other jurisdictions transferring into Alabama shall be required to obtain an Alabama reciprocal certificate within 24 months from the date of transfer.

(5) Any CPA firm as defined in this chapter may include nonlicensee owners provided that:

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

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

c. A nonlicensee is prohibited from being an owner if he or she has previously held a license.

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

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

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

(b) Application for registration shall be made upon the affidavit of an owner of the firm who is a certified public accountant of this state in good standing. The board shall in each case determine whether the firm is eligible for registration. A firm which is registered and which holds a permit issued under Section 34-1-11 may use the words “certified public accountants” or the abbreviation “CPAs” in connection with the name of the firm. Notification shall be given the board, within one month, after the admission to or withdrawal of an owner from any firm registered.
Ala. Code § 34-20-12 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-12
Section 34-20-12 Reciprocity
Status: in_force

The board may, subject to this chapter and the rules and regulations of the board prescribing the qualifications for a nursing home administrator license, issue a license to a nursing home administrator who has been issued a license by the proper authorities of any other state or issued a certificate of qualification by any national organization, upon complying with the provisions of licensure, payment of a fee established by the board pursuant to its rule-making authority, and upon submission of evidence satisfactory to the board:

(1) That the other state or national organization maintained a system and standards of qualification and examinations for a nursing home administrator license or certificate which were substantially equivalent to those required in this state at the time the other license or certificate was issued by the other state or national organization; and

(2) That the other state gives similar recognition and endorsement to nursing home administrator licenses of this state. The board may charge a fee for completion of a reciprocity questionnaire, pursuant to its rule-making authority.
Ala. Code § 34-14C-1 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-1
Section 34-14C-1 Definitions
Status: in_force

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

(1) BOARD. The Board of Home Medical Equipment as established by this chapter.

(2) HOME MEDICAL EQUIPMENT. Medical devices usable in a residential setting, as defined in regulations established by the board.

(3) HOME MEDICAL EQUIPMENT SERVICES. The advertisement, sale, rental, delivery, installation, maintenance, replacement of, or instruction in the use of medical equipment and related supplies used by a sick or disabled individual to allow that individual to obtain care or treatment and be maintained in a residential setting.

(4) HOME MEDICAL EQUIPMENT SERVICES PROVIDER. A corporation, other business entity, or person engaged in the business of providing home medical equipment services, either directly or through a contractual arrangement, to an unrelated sick or disabled individual in the residence of that individual.
Ala. Code § 34-24-330 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-330
Section 34-24-330 State Board of Medical Examiners to Issue Certificate of Qualification for Each Applicant; Right of Appeal When Action Unfavorable
Status: in_force

It shall be the duty of the State Board of Medical Examiners to issue a certificate of qualification to the Medical Licensure Commission certifying each applicant for a license who has successfully passed the required examination or whose application for a license or certificate of qualification by reciprocity has been acted upon favorably by the board, or whose application for a certificate of qualification without examination or application for reinstatement of a certificate of qualification has been acted upon favorably by the board. Any applicant whose application either for an initial certificate of qualification or for reinstatement of a certificate of qualification is not acted upon favorably by the board shall have the right of appeal to the commission which shall have the authority to either affirm the board’s action or order the board to issue a certificate of qualification to the applicant.
Ala. Code § 34-22-80 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-80
Section 34-22-80 Legislative Findings
Status: in_force

The Legislature hereby finds and declares that technological advances are occurring in the practice of optometry, thereby changing the practice of optometry, and that those technological advances are in the public interest. The Legislature further finds and declares that the practice of optometry is a privilege and that the state’s ability to regulate and monitor such technological advances is necessary for the protection of the citizens of this state and for the public interest, health, welfare, and safety.
Ala. Code § 34-41-7 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-7
Section 34-41-7 Applicability; Exemptions
Status: in_force

(a) Except as provided in this section, any person who publicly practices, or offers or attempts to publicly practice, geology in the State of Alabama is subject to this chapter.

(b) The following persons are exempt from licensing under this chapter:

(1) Persons engaged solely in teaching of geology or related physical or natural sciences, and persons engaged solely in geologic research conducted through academic institutions, agencies, or government and nonprofit research organizations.

(2) Officers and employees of the United States of America and the State of Alabama practicing solely as officers and employees.

(3) Officers and employees of businesses and industries practicing solely as officers and employees, and individuals if they do not offer their professional services to the public for hire and are not engaged in activities that require the signature of a licensed professional geologist.

(4) Officers and employees of companies and corporations practicing solely as such officers and employees who work as a sole proprietorship in mining and mineral exploration and development and who do not offer their professional services to the public for hire or who are not engaged in activities that require the signature of a licensed professional geologist.

(5) Officers and employees of companies and corporations and individuals who work as a sole proprietorship in oil and/or gas exploration and development.

(6) A person who is subordinate to a licensed professional geologist or who is a geologist-in-training licensed under this chapter but only insofar as he or she acts solely in that capacity. This exemption does not permit the subordinate to practice geology or use the term “licensed professional geologist.”
Ala. Code § 34-23-182 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-182
Section 34-23-182 Purpose
Status: in_force

The purpose of this article is to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities.