Ala. Code § 34-37-16 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-16
Section 34-37-16 Restrictions
Status: in_force

(a) No person shall use nor allow their certificate to enable anyone other than the certificate holder and his or her employees directly supervised by the certificate holder to perform plumbing or gas fitting. Local officials may require the certificate holder to be present if any problems develop on the work.

(b) No certificate issued by the board can be sold or transferred. Any certificate which is misused may be revoked by the board.
Ala. Code § 34-23-9 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-9
Section 34-23-9 Purity of Drugs Dispensed
Status: in_force

No person shall compound or sell or offer for sale or cause to be compounded, sold, or offered for sale any medicine, drug, poison, chemical, or pharmaceutical preparation that is adulterated. Any one of the above-named substances shall be deemed to be adulterated if it is sold by a name recognized in the United States Pharmacopoeia or National Formulary and it differs from the standard of strength, quality, or purity as determined by the test laid down therein. A product may be of a lesser strength only if the product is clearly labeled with the actual strength. The board may use product analysis data from any laboratory that satisfies all of the following qualifications:

(1) Is registered by the Food and Drug Administration.

(2) If the product is a legend controlled drug, is licensed by the Bureau of Narcotics and Dangerous Drugs.

(3) Is ISO 17025 certified.
Ala. Code § 34-4-4 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-4
Section 34-4-4 Enforcement of Chapter
Status: in_force

The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement of this chapter.
Ala. Code § 34-13-201 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-201
Section 34-13-201 Hearing; Procedures; Penalties
Status: in_force

(a) Whenever the board has reason to believe that any person has engaged, or is engaging, in this state in any unfair method of competition or any unfair or deceptive act or practice as defined in this chapter, or is engaging in the sale of preneed contracts without being properly licensed as required by this chapter, or is otherwise acting in violation of this chapter, and that a proceeding by the board in respect thereto would be in the interest of the public, the board shall institute a proceeding in accordance with this section.

(b) A statement of charges, notice, or order or other process under this chapter may be served by anyone authorized by the board . Service may be made either in the manner provided by law for service of process in civil actions or by certifying and mailing a copy of the statement to the person affected by the statement, notice, or order or other process at the person’s residence or principal office or place of business. The verified return by the person serving the statement, notice, or order or other process, setting forth the manner of the service, shall be proof of the service, and the return postcard receipt for the statement, notice, or order or other process, certified and mailed as provided in this subsection, shall be proof of service of the statement, notice, or order or other process.

(c) The board shall conduct or cause to have conducted a hearing in accordance with this chapter , and, during the conduct of the hearing, shall have those powers necessary to enforce this chapter and rules of the board ; however, the penalties for failure to comply with a subpoena or with an order directing discovery shall be limited to a fine not to exceed one thousand dollars ($1,000) per violation. In accordance with Section 36-12-40, evidence introduced and presented in a hearing conducted under this chapter shall be deemed a public writing.
Ala. Code § 34-23-185 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-185
Section 34-23-185 Appeals
Status: in_force

(a) Each entity conducting an audit shall establish a written appeals process under which a pharmacy may appeal an unfavorable preliminary audit report to the entity.

(b) Following the appeal, if the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or that portion without the necessity of any further action.

(c) Following the appeal, if any of the issues raised in the appeal are not resolved to the satisfaction of either party, that party may ask for mediation of those unresolved issues unless other remedies are granted under the terms of the contract. A certified mediator shall be chosen by agreement of the parties from the mediators list maintained by the Alabama Supreme Court. The cost of mediation shall be borne by agreement of the parties or by the decision of the mediator.
Ala. Code § 34-15-20 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-20
Section 34-15-20 Obtaining Accommodations by Fraud or Misrepresentation; Prima Facie Evidence - Posting of Law in Hotel or Inn
Status: in_force

Every hotelkeeper and innkeeper in this state shall keep a copy of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, printed in distinct type, posted in the lobby, public waiting room, or in that portion of his or her hotel or inn most frequented by the guests thereof, and no conviction shall be had under the provisions of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, until it shall have been made to appear that a copy of Sections 13A-8-10 through 13A-8-10.3 and 34-15-19, was posted as above provided in the hotel or inn, the owner or keeper of which claims to have been defrauded at the time such food, lodging, or other accommodations were obtained.
Ala. Code § 34-13-111 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-111
Section 34-13-111 License Required; Inspections; Transfer of License; Change of Ownership
Status: in_force

(a) No funeral establishment or branch thereof for the preparation, disposition, and care of dead human bodies shall be opened or maintained unless licensed by the board. No funeral establishment or branch shall be moved without obtaining a new funeral establishment license from the board.

(b) Every funeral service, memorial service, or committal service, or part thereof, that is conducted in Alabama, for hire or for profit, shall be in the actual charge and shall be under the direct supervision of a funeral director who is licensed by the board, unless otherwise provided for in this chapter or by rule of the board.

(c) The board shall set a fee, not exceeding one hundred fifty dollars ($150), that shall be in addition to the license fee for the first inspection of any funeral establishment seeking a license under Section 34-13-72 made for the purpose of determining whether the funeral establishment has fulfilled the requirements for licensure pursuant to this chapter. The board shall set a fee, not exceeding one hundred fifty dollars ($150), for each reinspection necessitated by failure of any funeral establishment to pass the first inspection. The board, or a representative of the board, shall annually conduct at least one unannounced inspection of each funeral establishment and branch, with an inspection fee of not more than one hundred dollars ($100). The inspection fee shall be submitted to the board within 45 days after the inspection. Any funeral establishment that does not submit the inspection fee within 45 days shall be charged a late penalty fee, as established by the board. A funeral establishment, or branch thereof, that is used for the preparation, disposition, and care of dead human bodies shall meet and conform to this chapter and to such other lawful standards and requirements as may be determined by rule of the board in furtherance of this chapter; and, for failure to do so, the board may revoke the funeral establishment license in accordance with the procedure set forth in this chapter.

(d) Applications for transfer of a license to another location in the same county shall be made upon a form furnished by the board and shall be accompanied by a fee of not more than seventy-five dollars ($75).

(e) Any change in ownership of a funeral establishment shall be immediately reported to the board on a form provided by the board. The new owner of the establishment shall comply with Section 34-13-112 and Section 34-13-113 and shall provide to the board a signed copy of the asset purchase agreement with dollar amounts redacted. The fee for a change of ownership application is two hundred fifty dollars ($250).
Ala. Code § 34-27B-59 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-59
Section 34-27B-59 Oversight, Dispute Resolution, and Enforcement
Status: in_force

(a) Oversight.

(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.

(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or adopted rules.

(b) Default, technical assistance, and termination.

(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The commission shall provide a copy of the notice of default to the other member states.

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

(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s respiratory therapy licensing authority, and each of the member states’ respiratory therapy licensing authorities.

(e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination, if necessary.

(f) Upon the termination of a state’s membership from this compact, that state shall immediately provide notice to all licensees and compact privilege holders, of which the commission has a record, within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of the notice of termination.

(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

(h) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(i) Dispute resolution.

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

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

(j) Enforcement.

(1) By majority vote, as may be further provided by rule, the commission may initiate legal action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. A member state by enactment of this compact consents to venue and jurisdiction in such court for the purposes set forth herein. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state’s law.

(2) A member state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of this compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.

(3) No person other than a member state shall enforce this compact against the commission.
Ala. Code § 34-26-80 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-80
Section 34-26-80 Purpose
Status: in_force

This article shall be known and may be cited as the Psychology Interjurisdictional Compact.

Whereas, states license psychologists in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice; and

Whereas, this compact is intended to regulate the day-to-day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, this compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

Whereas, this compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state; and

Whereas, this compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety; and

Whereas, this compact does not apply when a psychologist is licensed in both the home and receiving states; and

Whereas, this compact does not apply to permanent in-person, face-to-face practice; however, it does allow for authorization of temporary psychological practice.

Consistent with these principles, this compact is designed to achieve the following purposes and objectives:

1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state in which the psychologist is not licensed to practice psychology.

2. Enhance the ability of the compact states to protect the public’s health and safety, especially client/patient safety.

3. Encourage the cooperation of compact states in the areas of psychology licensure and regulation.

4. Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history.

5. Promote compliance with the laws governing psychological practice in each compact state.

6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.
Ala. Code § 34-2A-4 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-4
Section 34-2A-4 Powers and Duties of Board
Status: in_force

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

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

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

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

(4) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as an assisted living administrator has failed to comply with the requirements of these standards.

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

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

(b) The board may develop, impose, and enforce additional standards which shall be met by individuals in order to receive additional certification and/or license as a specialty care assisted living administrator, which standards shall be designed to insure that specialty care assisted living administrators will be individuals who are of good character and are otherwise suitable and who, by training or experience in the field of institutional administration, are qualified to serve as assisted living administrators.

(c) The board shall have the authority to perform the following:

(1) Make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take other actions as may be necessary for the proper performance of its duties.

(2) Establish, provide, or approve various education programs or courses for assisted living administrators, and prescribe rules and regulations requiring applicants for licenses as assisted living administrators to attend certain programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed assisted living administrators to attend these programs or courses as a prerequisite to their being issued any license renewal.
Ala. Code § 34-24-273 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-273
Section 34-24-273 Issuance; Contents; Display by Holder
Status: in_force

Every applicant who shall pass the standard examination, or whose reciprocity has been accepted by the State Board of Podiatry, shall receive from the board a license entitling him or her to practice podiatry in Alabama, which license shall be signed by the president of the board and countersigned by the secretary-treasurer of the board and have affixed thereto the seal of the board and be duly numbered and registered in the record book kept by the secretary-treasurer of the board, which record book shall be open to public inspection, and a duly certified copy of the record shall be received as evidence in all courts of this state in the trial of any case. Each person to whom a license has been issued shall keep the license conspicuously in his or her office or place of business and shall whenever required exhibit the license to any member or representative of the board.
Ala. Code § 34-27B-5 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-5
Section 34-27B-5 State Board of Respiratory Therapy - Creation; Composition; Liability of Members; Terms; Meetings; Expense Reimbursement and Per Diem Allowance
Status: in_force

(a)(1) The Alabama State Board of Respiratory Therapy is created to implement and administer this chapter and shall be composed of six members appointed by the Governor. Three of the members shall be respiratory therapists, one member shall be the chief executive officer of a hospital, one member shall be a physician, and one member shall be a consumer.

(2) The respiratory therapist members of the board appointed by the Governor shall be selected from a list of names submitted by the Alabama Society for Respiratory Care. The list shall include two names for each appointed position to be filled. The respiratory therapist members appointed to the board shall be registered or certified by the National Board for Respiratory Care or its successor organization. Respiratory therapists appointed to the initial board must be eligible to obtain a license under this chapter. Respiratory therapists selected for subsequent appointments must be licensed by the state.

(3) The hospital member shall be selected from a list of two names submitted by the Alabama Hospital Association.

(4) The physician member appointed shall be duly licensed to practice medicine in Alabama and shall be a member of at least one of the following: The American Thoracic Society, the American College of Chest Physicians, the American Society of Anesthesiologists, or the American Academy of Pediatrics. The physician member of the board appointed by the Governor shall be selected from a list of two names submitted by the Medical Association of the State of Alabama.

(5) The consumer member appointed by the Governor shall be selected from one of the names submitted by the American Lung Association in Alabama, the Alabama Chapter of the Cystic Fibrosis Foundation , and the Alabama Asthma Coalition. Each entity shall submit one name for consideration.

(b) All board members shall be residents of Alabama and all appointing authorities shall coordinate their appointments so that diversity of gender, race, and geographical areas is reflective of the makeup of this state.

(c) The Governor shall make the appointments for all positions for members of the board within 90 days of the date the position becomes available, including initial appointments, vacancies, and replacements at the end of the term of service.

(d) Members of the board shall have the same immunities from personal liability as state employees for actions taken in the performance of their official duties.

(e) The term of office of those members first appointed shall be as follows: Two respiratory therapists and the hospital member, as determined by the Governor, shall serve for terms of two years, and one respiratory therapist and the physician member shall serve for terms of four years. Thereafter, the term of all members, including the consumer member, shall be for four years. No member shall be appointed for more than three consecutive full terms. A vacancy in an unexpired term shall be filled in the manner of the original appointment. The board shall elect a chair and vice chair annually.

(f) The board shall meet at least twice each year at a time and place determined by the chair. A majority of the members of the board shall constitute a quorum for the transaction of business.

(g) Each member shall serve without compensation, but shall be reimbursed for travel expenses incurred in attendance at meetings of the board and any other expenses incurred on business of the board at its discretion. Board members shall also receive a per diem allowance following the guidelines for state employees. The reimbursement for expenses and per diem shall be paid from funds derived from the Alabama State Board of Respiratory Therapy Fund.”
Ala. Code § 34-14A-14 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-14
Section 34-14A-14 Violations; Complaint Procedures
Status: in_force

(a) Except as provided in Section 13A-9-111.1, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, issued by the Home Builders Licensure Board, as required by this chapter, or who knowingly presents to, or files false information with the board for the purpose of obtaining the license or who violates any law or code adopted by a county commission under this chapter shall be deemed guilty of a Class A misdemeanor.

(b) Upon notice from the board, any person who undertakes or attempts to undertake the business of residential home building without holding a current and valid residential home builders license, as required by this chapter, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the residential home builder, or to the person doing the work, and shall state the conditions under which work may be resumed.

(c) The board may invoke a complaint procedure against any person who violates this chapter by undertaking or attempting to undertake the business of home building without holding a current and valid residential home builders license issued by the board. Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may resolve the violation by agreement with the residential home builder, may initiate a complaint against the residential home builder, and may levy and collect administrative fines for violations of this chapter or the rules of the board in an amount not to exceed five thousand dollars ($5,000) for each violation.

(d) A residential home builder, who does not have the license required, shall not bring or maintain any action to enforce the provisions of any contract for residential home building which he or she entered into in violation of this chapter.

(e) Whenever it appears to the board that any residential home builder has violated or is about to violate this chapter, the board may in its own name petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order or other appropriate injunctive relief enjoining the violation.
Ala. Code § 34-24-536 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-536
Section 34-24-536 Enforcement of Interstate Compact
Status: in_force

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

(b) The interstate commission, by majority vote of the commissioners, may initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party, which is expressly limited to the interstate commission or a member state, shall be awarded all costs of such litigation including reasonable attorney’s fees, but this provision does not apply to third parties or private citizens.

(c) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
Ala. Code § 34-15B-12 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-12
Section 34-15B-12 Board of Registration for Interior Design Fund
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-41-4 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-4
Section 34-41-4 Board Created; Composition
Status: in_force

(a) There is created the Alabama Board of Licensure for Professional Geologists which shall administer and enforce this chapter.

(b) The board shall consist of seven members appointed by the Governor from a list of nominees submitted by the board, or any entity designated by the board. Members of the board, except for the initial board, shall be licensed professional geologists. Whenever possible the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state.

(c) Each member of the board shall be a citizen of the United States, a resident of this state for at least five years immediately preceding appointment, reside in this state during the term of office, and be at least 25 years of age.

(d) All members of the initial board shall be appointed by the Governor from a list of nominees who shall at the time of their appointment qualify for licensing under this chapter and become duly licensed during their term. Membership of the board shall include at least one representative member from each of the following professional subgroups of geologists: Faculty of the departments of geology at colleges and universities in this state that grant degrees in the geological sciences; governmental agencies employing geologists; businesses, exclusive of those exempted herein; mining industry; petroleum industry; geotechnical engineering firms; environmental engineering firms; and independent geological consultants.

(e) After the establishment of the initial board, all members of the board shall be licensed under this chapter. The term of office of each member of the board shall be three years. Notwithstanding the foregoing, of the first members appointed, two shall be appointed for a term of one year, two for terms of two years, and three for terms of three years. No member shall serve more than two consecutive three-year terms, without interruption in service of at least three years.

(f) Each term on the board shall expire on September 30 of the year in which the term expires. When the term of a member expires, the Governor shall appoint a new member or reappoint the current member for a full term under subsections (d) and (e). If a vacancy occurs, within 90 days of the vacancy the Governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term. Except for the members of the initial board, all appointments and reappointments to the board shall be made by the Governor from a list of nominees submitted by the board, or any entity designated by the board. In appointing members to the board, the Governor shall strive to achieve diversity in race, gender, geography, residence, and economic condition.

(g) The Governor may remove a member of the board only for neglect of duty, an unexcused failure to attend more than one of the regularly scheduled meetings held in a calendar year during the term in office of the member, malfeasance, violation of this chapter, or conviction of a felony or other crime of moral turpitude.

(h) Members of the board shall receive reimbursement for expenses incurred in the performance of duties of one hundred dollars ($100) per day plus mileage payable at the same rate as paid for state officers and employees for each day of actual attendance at a regular or special meeting of the board.

(i) The board may employ the necessary personnel for performance of its functions and fix their compensation. The board may appoint committees to aid in the performance of its functions.
Ala. Code § 34-14-30 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-30
Section 34-14-30 Creation; Composition; Compensation
Status: in_force

(a) There is established a Board of Hearing Instrument Dealers which shall administer this chapter.

(b)(1) Members of the board shall be citizens and residents of the state and appointed by the Governor. The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large.

(2) The board shall consist of eight members as follows: Five licensees, one of whom may be a hearing aid specialist, one physician who specializes in diseases of the ear, one audiologist, and one consumer member. The consumer member shall have the same powers as other board members, except that the consumer member shall have no voting powers in matters of issuing, suspending, or revoking licenses, and neither the consumer member, nor his or her spouse, may be a hearing aid specialist or hearing aid dispenser. Each hearing aid specialist or hearing aid dispenser on the board shall have no less than three years of experience and shall hold a valid license as a hearing aid specialist or hearing aid dispenser, as provided under this chapter. No member of the board may be from the same business or firm of another board member, and no member may be the spouse or immediate family member of another board member.

(c) All members of the board shall be appointed by the Governor from a list of qualified persons nominated by the Alabama Society for Hearing Healthcare Providers. The term of office of each member shall be for four years. Before a member’s term expires, the Governor shall appoint a successor to assume his or her duties upon the expiration of his or her predecessor’s term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. The members of the board shall annually designate one member to serve as chair, another to serve as vice chair, and other officers the board deems necessary, including a complaints chair.

(d) No member of the board who has served two or more full terms may be reappointed to the board until at least one year after the expiration of his or her most recent full term of office.

(e) Members of the board shall receive for each day actually engaged in the duties of the office a per diem amount of twenty-five dollars ($25), not to exceed the sum of one thousand dollars ($1,000) per year, and reimbursement for traveling expenses as provided in Article 2 of Chapter 7 of Title 36, and other expenses, the remuneration and reimbursement to be paid from appropriations made for this purpose.

(f) The Governor may remove any member for neglect of duty, incompetency, or unprofessional conduct. The board may employ, and at its pleasure discharge, an executive secretary and such officers and employees as may be necessary, and the board shall fix their compensation.
Ala. Code § 34-3-25 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-25
Section 34-3-25 Encouraging Litigation; Champerty - Receiving Compensation from Attorney
Status: in_force

Any person who shall, before or after an action is brought, receive or agree to receive from any attorney-at-law, firm or partnership of attorneys compensation for services in seeking out, procuring or placing in the hands of an attorney, firm or partnership of attorneys a demand of any kind for an action or compromise shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding $1,000 and, in addition, may be punished by imprisonment in the county jail or by hard labor for the county for a term not exceeding six months, at the discretion of the court trying the case.
Ala. Code § 34-14-4 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-4
Section 34-14-4 Licenses - Examination of Applicants
Status: in_force

(a) Applicants may obtain a license by successfully passing a qualifying examination; provided, that the applicant:

(1) Is at least 19 years of age;

(2) Is of good moral character;

(3) Has an education equivalent to a four-year course in an accredited high school;

(4) Is free of contagious or infectious disease; and

(5) Is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(b) An applicant who meets the qualifications of subsection (a) as determined by the board who applies for license by examination shall appear at a time, place, and before such persons as the board may designate to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting and sale of hearing instruments.

(c) The board shall give examinations at least three times each year.
Ala. Code § 34-25A-14 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-14
Section 34-25A-14 Applicability of Ethics Law; Sunset Law
Status: in_force

(a) The members of the board and all employees of the board shall be subject to the State Ethics Law, Sections 36-25-1 to 36-25-30, inclusive.

(b) The board shall be subject to the Alabama Sunset Law of 1981, and shall be classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2006, unless continued as therein provided and, if continued, the board shall be reviewed every four years thereafter.
Ala. Code § 34-24-146 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-146
Section 34-24-146 Fees for Certain Services Provided by the Board
Status: in_force

The State Board of Chiropractic Examiners, by rule of the board, may set, charge, and collect reasonable fees for services provided by the board, including, but not limited to, the following services:

(1) Applications for approval of continuing education seminars.

(2) Verification of licensure status of licensees.

(3) Copies of records provided by the board.

(4) Other services as determined necessary by the board to reimburse the board for expenses reasonably related to the delivery of the services.
Ala. Code § 34-8A-14 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-14
Section 34-8A-14 Renewal; Fees; Continuing Education; Practice in a Specialty
Status: in_force

(a) Counselors licensed as a licensed professional counselor by the board shall be required to submit biennially at the time of renewal a license renewal fee to be established by the board. No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous 24 months of relevant professional and continued educational experience.

(b) Counselors licensed as an associate licensed counselor by the board shall be required to submit annually at the time of renewal a license renewal fee to be established by the board. No license shall be renewed unless the renewal request is accompanied by evidence satisfactory to the board of the completion during the previous 12 months of relevant professional and continued educational experience.

(c) If any professional counselor or counselor associate duly licensed under this chapter, by virtue of additional training and experience, is qualified to practice in a specialty other than that for which he or she was deemed competent at the time of initial licensing, and wishes to offer such service under the provisions of this chapter, he or she is required to submit at the time of biennial renewal of licenses, additional credentials and he or she is to be given the opportunity to demonstrate his or her knowledge and application thereof in areas deemed relevant to his or her specialty. This procedure is considered a necessary part of the renewal process. No charge in addition to the renewal fee is levied.
Ala. Code § 34-33A-6 — Alabama Code / Title 34 / Chapter 33A / Section 34-33A-6
Section 34-33A-6 State Fire Marshal’s Permit - Issuance
Status: in_force

If the required fee has been paid, satisfactory written proof from the NICET has been provided that the requirements have been met and a competency test was passed when required by this chapter, and the proposed certificate holder is found to be a responsible, managing owner, partner, officer, or employee of the fire alarm contractor, the State Fire Marshal within 30 days shall issue a State Fire Marshal’s permit in the name of the fire alarm contractor with the name of the certificate holder noted thereon.
Ala. Code § 34-22-21 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-21
Section 34-22-21 Reciprocity; Pharmaceutical Agents
Status: in_force

Any person who has successfully passed a standard examination in optometry in any state of the United States or all parts of the examination given by the National Board of Examiners in Optometry and is the holder of a certificate to that effect, issued by the board of that state, or by the national board, and who has a current license to practice optometry in any state in the United States, and has conducted an ethical professional practice of optometry for at least one year, may, at the discretion of the board, and upon the payment of the amount of the regular examination fee, take the standard examination, and upon passing the examination be registered as qualified to practice optometry in this state. Optometrists licensed under this chapter may apply to the board for approval to use pharmaceutical agents for the treatment of disease of the human eye and its adjacent structures. The board shall prescribe rules and regulations setting forth the manner in which the application shall be made and approval shall be given. Licensed pharmacists of this state shall fill those prescriptions as are ordered by licensed optometrists approved by the board to use pharmaceutical agents.
Ala. Code § 34-21-99 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-99
Section 34-21-99 Other Requirements and Powers of the Board
Status: in_force

(a) The board annually shall report on the condition and accomplishments of the program to the Governor, Lieutenant Governor, Speaker of the House, President Pro Tempore of the Senate, and the Chairs of the House and Senate Health Committees. The report shall include for the reporting year the locations where participants agreed to serve or where they were serving to repay loans.

(b) The board shall consult with the Alabama Commission on the Evaluation of Services to develop performance metrics and other measures of success to include in the annual report required pursuant to subsection (a). During the 2028 fiscal year, the program shall undergo an evaluation by the Alabama Commission on the Evaluation of Services to determine whether the program is impacting the determined measures of success.

(c) The board shall adopt reasonable rules to implement and administer the program.

(d) The board shall use any monies it receives from or for the operation of the program, including repayments, interest, and penalties paid because of default or other failure to honor a contract, to fund loans.
Ala. Code § 34-1A-4 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-4
Section 34-1A-4 Duties of Board
Status: in_force

(a) The board shall promulgate rules and standards for the training and licensing of locksmiths and system installers. The board shall examine and license and shall establish classifications for the purpose of training and licensing for licensees under this chapter based on the work performed. Licensees shall be classified as administrative employee, salesperson, locksmith, burglar alarm installer, electronic access control system installer, closed circuit television system installer, qualifying agent, or monitoring station employee. Licensees shall be licensed in an appropriate classification in order to perform work in each respective classification.

(b) The board, after a public hearing and consultation with persons who are knowledgeable regarding the business and pursuant to the Alabama Administrative Procedure Act, shall establish by board rules or regulations competency standards and any changes of the standards.

(c) The board may evaluate the competency of applicants for licenses. The board may either develop and administer an examination to evaluate competency, or rely on an examination developed and administered by a national or regional professional association.
Ala. Code § 34-21A-26 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-26
Section 34-21A-26 Sunset Provisions
Status: in_force

The operations of the board shall terminate October 1, 2003, and every fourth year thereafter unless continued in accordance with the Alabama Sunset Law.
Ala. Code § 34-27B-7 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-7
Section 34-27B-7 Issuance, Use, Renewal of License; Temporary License
Status: in_force

(a) The board shall issue a respiratory therapist license to any person who meets the qualifications required by this chapter and who pays the license fee established herein.

(b) Any person who is issued a license as a respiratory therapist under this chapter may use the words “licensed respiratory therapist” or the letters “LRT” in connection with his or her name to denote his or her license.

(c) A license issued under this chapter shall be subject to biennial renewal.

(d)(1) The board may issue a six-month temporary license as a respiratory therapist to persons who have graduated from a respiratory therapy educational program accredited by the Council on Allied Health Education Programs (CAHEP) in collaboration with the Committee on Accreditation for Respiratory Care (CoARC), or their successor organizations, and who have applied for and are awaiting competency examination. The temporary license shall be renewable only once for an additional six-month period if the applicant fails the examination. Exceptions may be made at the discretion of the board based upon an appeal identifying extenuating circumstances. The holder of a temporary license may only provide respiratory therapy or care activities, services, and procedures as defined in Section 34-27B-2 under the direct clinical supervision of a licensed respiratory therapist or physician.

(2) The board shall grant a license as a respiratory therapist to other persons who do not meet the qualifications for licensure pursuant to Section 34-27B-3, but who, on the effective date of the adoption of the rules and regulations of the board, are currently employed in the administration of respiratory therapy under the direction of a physician in the State of Alabama. The opportunity to apply for a respiratory therapy license issued under this subdivision shall expire 365 days after implementation of the rules of the board. Holders of these licenses shall be eligible to renew their licenses as are any other licensed respiratory therapists under this chapter.
Ala. Code § 34-8B-10 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-10
Section 34-8B-10 Examinations and Testing; Unauthorized Use of License Number
Status: in_force

(a) To be licensed as a court reporter, an applicant shall be a United States citizen 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 pass the Written Knowledge Examination administered by the board, ACRA, NCRA, or NVRA, and shall pass an Alabama skills examination or provide documentation of having passed the NCRA Registered Professional Reporter Examination or NVRA CVR Examination. The board shall examine or establish, or both, examination and testing procedures to enable the board to ascertain the competency of applicants for licensure. Each such skills examination shall be given at least twice each calendar year. Applications for licensure shall be signed and sworn by the applicants and submitted on forms furnished by the board. An applicant who furnishes the board with satisfactory proof of graduation from a court reporting program or its equivalent shall, upon payment of a reasonable fee in an amount determined by the board, be examined by the board. All applicants who are found qualified to engage in the practice of court reporting pursuant to this chapter shall be issued a license as a certified court reporter and an identifying number. The license shall be valid until September 30th of the year of its issuance.

(b) No certified court reporter may authorize the use of his or her license number on any transcript not produced through his or her personal effort or supervision, or both. Violation of this subsection may be grounds for license suspension or revocation.

(c) The board shall approve at least two reporter examinations each year and may hold such additional examinations as are necessary. The secretary shall give public notice of the time and place of each examination at least 120 days prior to the date set for the examination. Any person desiring to take the examination shall file his or her application with the board at least 30 days prior to the date of the examination. The preparation, administration, and grading of the examination shall be governed by the rules prescribed by the board, but the board may engage ACRA to conduct the examination under the supervision of the board. Upon determining the results of the examination, the board shall notify each applicant as to whether the applicant has passed the examination. Notification shall be by written notice mailed to the applicant by certified mail to the applicant’s address as indicated on the application.
Ala. Code § 34-21-5 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-5
Section 34-21-5 Nursing Educational Programs
Status: in_force

An institution desiring to conduct a nursing educational program to prepare professional or practical nurses shall apply to the board and submit evidence that: It is prepared to carry out the prescribed minimum standards to educate students in professional nursing or in practical nursing and that it is prepared to meet such other standards as shall be established by this chapter or by the board.

The board shall cause a survey to be made of the institution and its proposed educational program. If the survey reveals and the board is of the opinion that all requirements for an approved nursing educational program are met, it shall approve the institution.

The board, as often as deemed necessary, shall survey all nursing educational programs in the state. Should such survey reveal that the institution conducting such nursing educational program is not maintaining the standards required by the board, notice shall be given to the institution in writing, specifying deficiencies. Should an institution fail to correct the deficiencies to the satisfaction of the board within a reasonable length of time, the board shall disapprove the nursing educational program of such institution; provided, the institution may again qualify for approval if all requirements and standards are met.
Ala. Code § 34-4-22 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-22
Section 34-4-22 Register of Applicants
Status: reserved

REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-438 EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 34-24-406 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-406
Section 34-24-406 Evaluation of Physician Who Is Believed to Be Impaired; Report of Findings
Status: in_force

If the Board of Medical Examiners has reasonable cause to believe that a physician is impaired, the board may cause an evaluation of such physician to be conducted by the Alabama Physician Wellness Committee for the purpose of determining if there is an impairment. The Alabama Physician Wellness Committee shall report the findings of its evaluation to the Board of Medical Examiners.
Ala. Code § 34-14B-5 — Alabama Code / Title 34 / Chapter 14B / Section 34-14B-5
Section 34-14B-5 Registration or Renewal Fees
Status: in_force

The applicant shall pay to the Building Commission a registration or renewal fee of three hundred dollars ($300) per calendar year; provided, however, that the registration or renewal fee may be adjusted by the Building Commission as may be necessary to cover the costs and expenses of performing the duties of the Building Commission as required by this chapter, it being intended that the registration and renewal fees shall not produce a profit to the State of Alabama. Prior to any adjustment to the registration or renewal fee, the Building Commission shall certify to the Legislative Council of the Legislature that the adjustment is necessary in order to comply with the provisions of this chapter. All moneys received by the Building Commission pursuant to this chapter shall be used to administer this chapter.
Ala. Code § 34-9-20 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-20
Section 34-9-20 Unauthorized Advertising, Selling, or Offering of Dental Services and Appliances; Injunctions
Status: in_force

Any person, which word when used in this section shall include all legal entities not licensed to practice dentistry in this state, who shall advertise in any manner to the general public that he or she can or will sell, supply, furnish, construct, reproduce, or repair prostheses (fixed or removable), or other appliances to be used or worn as substitutes for natural teeth, or for the regulation thereof, shall be guilty of a misdemeanor, and the circuit courts shall have jurisdiction to enjoin such person from so doing.
Ala. Code § 34-4-23 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-23
Section 34-4-23 License as Evidence of Rights and Privileges
Status: in_force

The issuance of a license by the board shall be evidence that the person or business entity named therein is entitled to all the rights and privileges of an auctioneer or apprentice auctioneer while the license remains unrevoked or unexpired.
Ala. Code § 34-8B-1 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-1
Section 34-8B-1 Legislative Findings
Status: in_force

The Legislature hereby finds and declares that it is the policy of the state to promote the skill, art, and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This chapter is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing, and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial, and prompt operation of the judicial system of the State of Alabama.
Ala. Code § 34-2A-6 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-6
Section 34-2A-6 Board of Examiners of Assisted Living Administrators Fund
Status: in_force

There is hereby established a separate special revenue trust fund in the State Treasury to be known as the Board of Examiners of Assisted Living Administrators Fund. All receipts collected by the board under the provisions of this chapter shall be deposited into this fund and shall be used only to carry out the provisions of this chapter. Receipts may be disbursed only by warrant of the state Comptroller upon the State Treasury, upon itemized vouchers approved by the chair of the board. No funds may be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-98, inclusive, and Section 41-19-12, and only in amounts as stipulated in the general appropriation bill or other appropriation bills. A financial audit shall be conducted by the Examiners of Public Accounts of all receipts and expenditures, and a written report of the audit shall be given to each board member.
Ala. Code § 34-24-144 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-144
Section 34-24-144 Board of Chiropractic Examiners - Officers; Meetings; Rules and Regulations; Bond
Status: in_force

The members of the State Board of Chiropractic Examiners shall convene within 30 days after their election or appointment and elect a president, vice-president, and secretary-treasurer from among their members, and thereafter the board shall elect, annually, after the commencement of the term of any board member, a president, vice-president, and secretary-treasurer from among the members of the board. The board shall meet at least twice a year and shall set by rule the regular meeting schedule of the board. The board shall adopt a seal, which shall be affixed to all licenses issued. Five members of the board shall constitute a quorum. However, the board may appoint hearing panels consisting of no fewer than three board members. The consumer member of the board may be a member of each hearing panel. The hearing panels are authorized to conduct hearings in the same manner as the full board is authorized to conduct hearings. The board may from time to time adopt necessary rules and regulations for the performance of its duties. The secretary-treasurer and the executive director of the board shall give bond in the principal sum of one thousand dollars ($1,000), payable to the State of Alabama, for the faithful performance of their duties. The premiums for the bond shall be paid by the board from funds appropriated for its use.
Ala. Code § 34-17A-13 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-13
Section 34-17A-13 Fees; Duration of License; Renewal
Status: in_force

(a) A fee, in an amount to be determined by the board, shall be paid to the board for original licensure.

(b) Licenses shall be valid for two years and shall be renewed biennially prior to the expiration date. The amount of the renewal fee shall be determined by the board. Any applicant for renewal of a license that has expired shall also be required to pay a late renewal fee determined by the board.

(c) On or before October 1 of the year preceding expiration of a license, the secretary of the board shall forward to the holder of the license a form of application for renewal thereof. No license shall be renewed unless the renewal request is accompanied by satisfactory evidence of the completion during the previous 24 months of relevant professional and continued educational experience. Upon the receipt of the completed application form, evidence of satisfactory professional and continued educational experience, and the renewal fee, the secretary shall issue a new license for the renewal period.

(d) Necessary administrative fees may be charged by the board, including, but not limited to, reasonable costs for copying, labels, and lists. Examination and license fees may be adjusted as the board shall deem appropriate.
Ala. Code § 34-12-7 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-7
Section 34-12-7 Licenses - Issuance; Contents; Use of License Number
Status: in_force

The board shall issue a license upon payment of a registration fee as provided for in this chapter to an applicant who, in the opinion of the board, has satisfactorily met all of the requirements set out by this chapter. Licenses shall show the full name of the registrant, shall have a serial number and shall be signed by the chairman of the board. The issuance of a license by the board shall be evidence that the person named therein is entitled to all of the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his or her name and license number during the life of the registrant’s license, but it shall be a misdemeanor for anyone to endorse any document with the name and license number after the license of the registrant named therein has expired or has been revoked, unless the license shall have been renewed or reissued. It shall be a misdemeanor for any registered forester to endorse any plan, specification, estimate, or map unless he or she shall have actually prepared such plan, specification, estimate, or map, or shall have been in the actual charge of the preparation thereof.
Ala. Code § 34-4-30 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-30
Section 34-4-30 Disciplinary Action - Procedure for Hearings; Immunity of Board
Status: in_force

(a) The board may administer oaths and prescribe all necessary and reasonable rules for the conduct of a hearing. The board may take testimony of any person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure of courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed.

(b) The affirmative vote of a majority of the members of the board shall be required before any disciplinary action may be taken against a licensee in accordance with this chapter.

(c) The board is declared to be a quasi judicial body, and the members or the employees of the board are granted immunity from civil liability and shall not be liable for damages therefrom when acting in the performance of their duties as described in this chapter.
Ala. Code § 34-29-133 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-133
Section 34-29-133 Animals Not to Be Left Unattended until Death; Disposal of Body Upon Confirmation of Death
Status: in_force

No animal may be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may the body of the animal be disposed of until death has been confirmed by a euthanasia technician or other qualified person as defined by this chapter.
Ala. Code § 34-39-15 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-15
Section 34-39-15 Violation as Misdemeanor; Penalty; Forfeiture and Revocation of License
Status: in_force

Any person who violates any provision of this chapter as set forth in Sections 34-39-4 and 34-39-13, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 and not more than $1,000, or imprisonment for a period not exceeding six months, or both. A license held by any person convicted under this section shall be forfeited and revoked forthwith for one year from the date of such conviction.
Ala. Code § 34-24-703 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-703
Section 34-24-703 Duties of Physicians Providing Telehealth Medical Services or Practicing Telemedicine; Location of Service; Physician-Patient Relationship
Status: in_force

(a) A physician providing telehealth medical services shall owe to the patient the same duty to exercise reasonable care, diligence, and skill as would be applicable if the service or procedure were provided in person. Telehealth medical services shall be governed by the Medical Liability Act of 1987, codified in Sections 6-5-540 through 6-5-552, and shall be subject to the exclusive jurisdiction and venue of the circuit courts of the State of Alabama, regardless of the citizenship of the parties.

(b) A physician practicing telemedicine shall do all of the following, if the action would otherwise be required in the provision of the same service if delivered in-person:

(1) Establish a diagnosis through the use of acceptable medical practices, which may include, but not be limited to, taking a patient history, a mental status examination, a physical examination, disclosure and evaluation of underlying conditions, and any diagnostic and laboratory testing.

(2) Disclose any diagnosis and the evidence for the diagnosis, and discuss the risks and benefits of treatment options.

(3) Provide a visit summary to the patient and, if needed, inform the patient of the availability of, or how to obtain, appropriate follow-up and emergency care.

(c) The provision of telehealth medical services is deemed to occur at the patient’s originating site within this state. A licensed physician providing telehealth medical services may do so at any distant site.

(d) Telehealth medical services may only be provided following the patient’s initiation of a physician-patient relationship, or pursuant to a referral made by a patient’s licensed physician with whom the patient has an established physician-patient relationship, in the usual course of treatment of the patient’s existing health condition. The physician-patient relationship may be formed without a prior in-person examination.

(e) Prior to providing any telehealth medical service, the physician, to the extent possible, shall do all of the following:

(1) Verify the identity of the patient.

(2) Require the patient to identify his or her physical location, including the city and state.

(3) Disclose to the patient the identity and credentials of the physician and any other applicable personnel.

(4) Obtain the patient’s consent for the use of telehealth as an acceptable mode of delivering health care services, including, but not limited to, consent for the mode of communication used and its limitations. Acknowledgment of consent shall be documented in the patient’s medical record.

(f)(1) If a physician or practice group provides telehealth medical services more than four times in a 12-month period to the same patient for the same medical condition without resolution, the physician shall do either of the following:

a. See the patient in person within a reasonable amount of time, which shall not exceed 12 months.

b. Appropriately refer the patient to a physician who can provide the in-person care within a reasonable amount of time, which shall not exceed 12 months.

(2)a. For the purposes of this section, for a woman, each pregnancy is considered a separate or new condition.

b. For the purposes of this subsection, the term “practice group” means, at a minimum, a group of providers who have access to the same medical records.

c. The Board of Medical Examiners, by rule or otherwise, may provide for exemptions to the requirement contained in subdivision (1) that are no more restrictive than the provisions of this article.

(3) The provision of telehealth medical services that includes video communication to a patient at an originating site with the in-person assistance of a person licensed by the Board of Medical Examiners or by the Board of Nursing pursuant to Chapter 21 of Title 34, shall constitute an in-person visit for the purposes of this subsection.

(4) This section does not apply to the provision of telehealth medical services provided by a physician in active consultation with another physician who is providing in-person care to a patient.

(5) This section shall not apply to the provision of mental health services as defined in Section 22-50-1.
Ala. Code § 34-13-197 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-197
Section 34-13-197 Inactive Certificate Holder; Surrender of License
Status: in_force

(a) A certificate holder shall be considered inactive upon the acceptance of the surrender of its license by the board or upon the nonreceipt by the board of the certificate of authority renewal application and fees.

(b) A certificate holder shall cease all preneed sales to the public upon becoming inactive. The certificate holder shall collect and deposit into trust all of the funds paid toward preneed contracts sold prior to becoming inactive.

(c) Any certificate holder desiring to surrender its license to the board shall first do all of the following:

(1) File notice with the board .

(2) Submit copies of its existing trust agreements.

(3) Submit a sample copy of each type of preneed contract sold.

(4) Resolve to the satisfaction of the board all findings and violations resulting from the last examination conducted.

(5) Pay all outstanding fines and invoices due the board .

(6) Submit its current certificate of authority.

(d) Upon receipt of the notice, the board shall review the certificate holder’s trust funds, trust agreements, and evidence of all outstanding preneed contracts.

(e) After a review to the satisfaction of the board , the board shall terminate the certificate of authority by an order that shall set forth the conditions of termination established by the board to ensure that the preneed funds will be available for their intended purpose.

(f) The trust fund of the certificate holder shall be held intact and in trust after the certificate holder has become inactive, and the funds in that trust shall be disbursed in accordance with the requirements of the written contracts until the funds have been exhausted.

(g) The board shall continue to have jurisdiction over the inactive certificate holder as if the certificate were active and to require the reports and inspect the records as the board deems appropriate so long as there are funds in trust or preneed contracts that are not fulfilled.

(h) Other terms of revocation or suspension ordered pursuant to this chapter may apply.
Ala. Code § 34-21-90 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-90
Section 34-21-90 Requirements for Engaging in Practice
Status: in_force

No person shall engage in practice as a certified registered nurse practitioner or certified nurse midwife or in any of the acts or functions described in this article and the regulations adopted under this article in this state unless that person is certified by the Board of Nursing as an advanced practice nurse in a category of certified registered nurse practitioner or certified nurse midwife and is practicing in collaboration with a physician following protocols which have been approved in accordance with this article or has been exempted from the requirement of practicing in collaboration with a physician following protocols as provided in Section 34-21-85.
Ala. Code § 34-14A-1 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-1
Section 34-14A-1 Legislative Intent
Status: in_force

(a) In the interest of the public health, safety, welfare, and consumer protection, and to regulate the home building and private residence construction industry, the purpose of this chapter and the intent of the Legislature in passing it is:

(1) To provide for the licensure of persons who engage in home building, private residence construction, and home improvement industries, including remodeling .

(2) To establish an Alabama Residential Building Code.

(3) To provide guidance, assistance, promotion, and support for code inspections of residential construction.

(4) To support education within the construction trades and construction inspections in the State of Alabama.

(b) The Legislature recognizes that the home building and home improvement construction industries are significant industries and that significant harm to the public may result from the provision of inadequate, unsafe, or inferior building services by unqualified, incompetent, or dishonest home builders and remodelers . The Legislature finds it necessary to regulate the residential home building and home improvement industries.
Ala. Code § 34-33-9 — Alabama Code / Title 34 / Chapter 33 / Section 34-33-9
Section 34-33-9 Chapter Imposes No Limitation on Power of Municipality, Etc., to Regulate Work of Contractors
Status: in_force

Nothing in this chapter limits the power of a municipality, county, or the state to regulate the quality and character of work performed by a fire protection sprinkler contractor I or II, through a system of permits, fees, and inspections, which are designed to assure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter limits the power of a municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of plans and specifications for work to be performed by a fire protection sprinkler contractor I or II before commencement of the work. If plans for a fire protection sprinkler system are required to be submitted to and approved by any municipality, county, or the state (or any departments or agencies thereof), the plans must bear the permit number of the certified fire protection sprinkler contractor or proof that the person, firm, or corporation that designed such fire protection sprinkler system is an exempt owner under Section 34-33-3. The official authorized to issue building or other related permits shall ascertain that the fire protection sprinkler contractor I or II is duly certified by requiring evidence of a valid State Fire Marshal’s permit.
Ala. Code § 34-15C-10 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-10
Section 34-15C-10 Applicability and Exceptions
Status: in_force

(a) Nothing in this chapter shall be interpreted to prohibit any person from making plans and specifications for or administering the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people.

(b) Registration under this chapter may not be required by this state or by any city, town, county, or other governmental entity or official for the submission, review, approval, or issuance of permits for plans and specifications for or to administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, any single family residence of any size, or of any other type building which has a total area of less than 2,500 square feet, provided the building is not a school, church, auditorium, or other building intended for the assembly occupancy of people, nor for any activity other than the submission to building officials of construction documents for commercial interior projects in certain spaces up to 5,000 contiguous square feet, within a building which has a total area of 2,500 square feet or more.

(c) Except as expressly provided in subsection (a) or subsection (b) of Section 34-15C-9, nothing in this chapter shall be interpreted to prohibit any person who is not a registered interior designer from conducting any activity not prohibited by any other state law.

(d) The board shall have no jurisdiction over any person who is not a registered interior designer.

(e) The board may not conduct any disciplinary proceeding against any person who is not a registered interior designer.

(f) The board may not conduct any disciplinary proceeding or initiate any other action based upon the use of the term design, designer, interior design, or interior designer by any person, business, or firm at any time before or after August 1, 2010.
Ala. Code § 34-3-87 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-87
Section 34-3-87 Other Causes of Removal or Suspension
Status: in_force

For the following causes an attorney may be removed or suspended by the circuit court:

(1) Upon its being shown, to the satisfaction of the court, that he or she has been guilty of any deceit or willful misconduct in his or her profession.

(2) For a willful disobedience or violation of the order of a court, requiring him or her to do or forbear an act connected with or in the course of his profession.

(3) For a willful violation of any of the provisions of Section 34-3-20 or Section 34-3-24.
Ala. Code § 34-12-31 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-31
Section 34-12-31 Qualifications of Members
Status: in_force

Each member of the board shall be a citizen of the United States and a resident of the State of Alabama, a “registered forester” under the provisions of this chapter, and have been engaged in the practice of the profession of forestry for the last 10 years prior to such appointment.
Ala. Code § 34-34-4 — Alabama Code / Title 34 / Chapter 34 / Section 34-34-4
Section 34-34-4 Authority of Certain Unqualified Persons to Represent Themselves as Dietitians/Nutritionists
Status: in_force

Any person employed by a licensed health care facility and who does not meet the requirements of subsection (a) of Section 34-34-1 on May 7, 1984, may continue to represent himself or herself as a dietitian/nutritionist while employed by the licensed health care facility so long as he or she complies with the continuing education requirements of subdivision (b)(3) of Section 34-34-1.
Ala. Code § 34-30-32 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-32
Section 34-30-32 Merit System or Civil Service Employees
Status: in_force

Nothing contained in this chapter shall prohibit a Merit System or Civil Service employee who is employed in a social work position whose qualifications are established or determined by a regulatory board, pursuant to state or federal law, from engaging in the practice of social work.
Ala. Code § 34-24-701 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-701
Section 34-24-701 Definitions
Status: in_force

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

(1) ASYNCHRONOUS. The electronic exchange of health care documents, images, and information that does not occur in real time, including, but not limited to, the collection and transmission of medical records, clinical data, or laboratory results.

(2) BOARD OF MEDICAL EXAMINERS. The Alabama Board of Medical Examiners established pursuant to Section 34-24-53.

(3) CONTROLLED SUBSTANCE. The same meaning as defined in Section 20-2-2. This term includes an immediate precursor, as defined in Section 20-2-2.

(4) DIGITAL HEALTH. The delivery of health care services, patient education communications, or public health information via software applications, consumer devices, or other digital media.

(5) DISTANT SITE. The physical location of a physician at the time in which telehealth medical services are provided.

(6) HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, §264, 110 Stat. 1936.

(7) LEGEND DRUG. Any drug, medicine, chemical, or poison bearing on the label the words “Caution, federal law prohibits dispensing without prescription” or other similar wording indicating that the drug, medicine, chemical, or poison may be sold or dispensed only upon the prescription of a licensed medical practitioner.

(8) MEDICAL LICENSURE COMMISSION. The Alabama Medical Licensure Commission established pursuant to Section 34-24-310.

(9) MEDICAL SUPPLIES. Non-drug medical items, including durable medical equipment, which may be sold or dispensed only upon the prescription of a licensed medical practitioner.

(10) ORIGINATING SITE. The physical location of a patient at the time in which telehealth medical services are provided.

(11) PHYSICIAN. Either a doctor of medicine who is licensed to practice medicine or a doctor of osteopathy who is licensed to practice osteopathy in a state, commonwealth, district, or territory of the United States.

(12) PRESCRIBER. Any person who possesses an active Alabama controlled substance certificate or a Qualified Alabama Controlled Substances Registration Certificate issued by the Board of Medical Examiners.

(13) SYNCHRONOUS. The real-time exchange of medical information or provision of care between a patient and a physician via audio/visual technologies, audio only technologies, or other means.

(14) TELEHEALTH. The use of electronic and telecommunications technologies, including devices used for digital health, asynchronous and synchronous communications, or other methods, to support a range of medical care and public health services.

(15) TELEHEALTH MEDICAL SERVICES. Digital health, telehealth, telemedicine, and the applicable technologies and devices used in the delivery of telehealth. The term does not include incidental communications between a patient and a physician.

(16) TELEMEDICINE. A form of telehealth referring to the provision of medical services by a physician at a distant site to a patient at an originating site via asynchronous or synchronous communications, or other devices that may adequately facilitate and support the appropriate delivery of care. The term includes digital health, but does not include incidental communications between a patient and a physician.
Ala. Code § 34-27B-61 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-61
Section 34-27B-61 Construction and Severability
Status: in_force

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

(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, 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 34-27B-59, terminate a member state’s participation in the compact, if the commission determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact is 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 § 34-24-366 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-366
Section 34-24-366 Vote Necessary for Suspension or Revocation; Hearing Panels
Status: in_force

The commission shall not order the suspension or revocation of a license unless at least five members of the commission are present and a majority of those present vote for such suspension or revocation. However, the commission may appoint hearing panels consisting of no fewer than three commission members. The public member of the commission may be, but shall not be required to be, a member of each such hearing panel. Such hearing panels are authorized to conduct hearings in contested cases in the same manner as the full commission is authorized to conduct hearings. At the conclusion of each hearing conducted by a hearing panel, such hearing panel shall prepare an order which shall be presented to the full commission for ratification and, if ratified by the commission, such order shall be the order of the commission. It shall not be necessary for the members of the commission not on the hearing panel to review the record of the hearing.
Ala. Code § 34-23-2 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-2
Section 34-23-2 Objects and Purposes of Chapter
Status: in_force

The practice of pharmacy and the management and operation of pharmacies are hereby declared to affect the public health, safety, and welfare of the people of Alabama, and thereby subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that only qualified persons compound or dispense prescription drugs and medicines, and that pharmacies be managed in such a manner as to protect the public, and all provisions of this chapter shall be liberally construed to carry out these objects and purposes.
Ala. Code § 34-9-84 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-84
Section 34-9-84 Report of Adverse Consequences
Status: in_force

Any adverse consequence occurring with oral conscious sedation shall be reported to the board as required with general anesthesia and parenteral sedation.
Ala. Code § 34-7B-57 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-57
Section 34-7B-57 Active Military Members and Their Spouses
Status: in_force

Active military members, or their spouses, shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain his or her home state designation during any period of service when that individual or his or her spouse is on active duty assignment.
Ala. Code § 34-43A-19 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-19
Section 34-43A-19 Sunset Provision; Continuing Education. (Amended by Act 2026-162)
Status: in_force

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

(a) The board is subject to the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2026, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.

(b) The board shall adopt a program of continuing education for licensees which shall be a requisite for the renewal of licenses issued pursuant to this chapter and not exceed the requirements of a board-approved nationally recognized board certification organization such as the National Certification Board for Therapeutic Massage and Bodywork.
Ala. Code § 34-17A-10 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-10
Section 34-17A-10 Education and Experience Requirements
Status: in_force

The following education and experience requirements apply to all applicants for licensure who submit a completed application:

(1) Educational requirements: A master’s degree or a doctoral degree in marriage and family therapy from a recognized educational institution, or a graduate degree in an allied field from a recognized educational institution and graduate level course work in marriage and family therapy.

(2) Experience requirements: Successful completion of two calendar years of work experience as a marriage and family therapy associate, following receipt of a qualifying degree.
Ala. Code § 34-21A-23 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-23
Section 34-21A-23 Reinstatement of License
Status: in_force

This board shall determine the procedure to be followed for reinstatement of a suspended or revoked license. The procedures shall include, but not be limited to, application to the board for reinstatement, hearing before the board, correction of the problem causing the board’s action in suspending or revoking the license, recommendations for reinstatement from the appropriate health department regulators, payment of levied fines or fees, completion of any education classes determined to be needed by the individual to aid in assuring no recurrence of the violation, and a published apology.
Ala. Code § 34-14A-10 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-10
Section 34-14A-10 Annual Report of Board
Status: in_force

The board shall annually submit to the Governor a report of its transactions for the preceding year. The board shall file with the Secretary of State a copy of the report submitted to the Governor.
Ala. Code § 34-27C-11 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-11
Section 34-27C-11 Pistol Permit
Status: in_force

An armed security officer shall apply for and have his or her pistol permit issued by the sheriff of the county of his or her residence. It is a violation of this chapter for any security officer to carry a firearm in the performance of his or her duties without holding a valid license or certification card for an armed security officer issued by the board.
Ala. Code § 34-16-16 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-16
Section 34-16-16 Sunset Provision
Status: in_force

The board shall be an enumerated board pursuant to Sections 41-20-1 to 41-20-16, inclusive, and shall be reviewed at the same time as the State Board of Medical Examiners.
Ala. Code § 34-25B-53 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-53
Section 34-25B-53 Renewal Notice; Late Fee
Status: in_force

(a) The board shall mail to each private investigation agency licensee a notice of renewal at least 60 days prior to the expiration of the license. An application for renewal shall be available for download by the licensee on the website of the board. A licensee shall report any change of address to the board.

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

(c) A renewal application may not be accepted by the board more than 30 days after the expiration date of the license. This subsection may be waived by the board for good cause.
Ala. Code § 34-24-220 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-220
Section 34-24-220 Purpose
Status: in_force

(a) This article shall be known and may be cited as the Physical Therapy Licensure Compact. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(b) This compact is designed to achieve the following objectives:

(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.

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

(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice.

(4) Support spouses of relocating military members.

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

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable under that state’s practice standards.
Ala. Code § 34-24-403 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-403
Section 34-24-403 Liability for Actions Within Scope of Committee Functions
Status: in_force

Any physician or osteopath licensed to practice medicine in the State of Alabama who shall be duly appointed to serve as a member of the Alabama Physician Wellness Committee and any auxiliary personnel, consultants, attorneys, or other volunteers or employees of the committee taking any action authorized by this chapter, engaging in the performance of any functions or duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, shall, in the performance and operation thereof, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or state or county medical association that contracts with or receives funds from the State Board of Medical Examiners for the creation, support, and operation of the Alabama Physician Wellness Committee shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
Ala. Code § 34-35-1 — Alabama Code / Title 34 / Chapter 35 / Section 34-35-1
Section 34-35-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:

(1) TRANSIENT MERCHANT. Any person that transacts transient business in this state either in one locality or by traveling from place to place in this state. The term includes a merchant who for the purpose of carrying on such business, hires, leases, uses, or occupies any building, structure, motor vehicle, railroad car, or real property.

(2) TRANSIENT BUSINESS. Any business conducted for the sale of merchandise or services that is carried on in any building, structure, motor vehicle, railroad car, or real property for a period of less than six months in each year.

(3) PERSON. An individual, corporation, association, partnership, or other entity.
Ala. Code § 34-34-2 — Alabama Code / Title 34 / Chapter 34 / Section 34-34-2
Section 34-34-2 Rights Generally
Status: in_force

In addition to other rights granted a dietitian/nutritionist or registered dietitian, by whatever name, and notwithstanding any other provision of law, a dietitian/nutritionist or registered dietitian meeting the qualifications set forth in Section 34-34-1, may, upon referral by a health care provider authorized to prescribe dietary treatments:

(1) Assess the nutritional needs of individuals and groups, and determine the source of constraints in the various practice settings;

(2) Establish priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;

(3) Provide nutrition counseling in both health and disease;

(4) Develop, implement, and manage systems in nutrition care;

(5) Evaluate the needs, make changes, and maintain appropriate standards of quality in food and nutrition services; for individuals or groups of patients in licensed institutional facilities or in private office settings.
Ala. Code § 34-23-75 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-75
Section 34-23-75 Emergency Prescription Refill
Status: in_force

(a) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a 72-hour supply or the smallest dispensable package size of the prescribed medication, providing that all of the following apply:

(1) The prescription is not a medicinal agent listed in Schedule I or II pursuant to Title 20, Chapter 2, or the controlled substances list for Schedule I or II maintained by the State Board of Health.

(2) The medication is essential to the maintenance of life or the continuation of therapy in a chronic condition. Only those drugs designated by a joint rule adopted by the Board of Pharmacy and Board of Medical Examiners shall be refilled, according to the procedure established in this section.

(3) The dispensing pharmacist creates a written order containing all of the prescription information required by this chapter and Title 20, Chapter 2.

(4) The dispensing pharmacist provides notification to the prescriber of the emergency dispensing within 24 hours after the dispensing.

(b) The Board of Pharmacy and the Board of Medical Examiners, through joint rule, may adopt additional rules to implement this section.
Ala. Code § 34-25-26 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-26
Section 34-25-26 Examination and License Fees
Status: in_force

The fee requirements of this chapter shall apply to all polygraph examiners, including those employed by governmental agencies, and to those who engage in polygraph examinations on any commercial basis. The fees to be paid, effective October 1, 2019, are as follows:

(1) For an examination of an applicant to determine his or her fitness, two hundred fifty dollars ($250), which is not to be credited as payment against the license fee and is not refundable.

(2) For the issuance of an original polygraph examiner’s license, two hundred fifty dollars ($250).

(3) For the issuance of an internship license, one hundred dollars ($100).

(4) For the issuance of a duplicate polygraph examiner’s license, twenty dollars ($20).

(5) For the issuance of a polygraph examiner’s renewal license, two hundred dollars ($200).

(6) For the extension or renewal of an internship license, one hundred dollars ($100).

(7) For the issuance of a duplicate internship license, twenty dollars ($20).
Ala. Code § 34-23-113 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-113
Section 34-23-113 Cancellation of Program; Use of Identity Card After Cancellation
Status: in_force

(a) The administrator of a program shall notify all pharmacies enrolled in the program of any cancellation of coverage of benefits of any group enrolled in the program at least 30 days prior to the effective date of such cancellation.

(b) All persons enrolled in a program shall be notified of its cancellation, and the administrator of the program shall make every reasonable effort to gain possession of any plan identification cards such persons may have been issued pursuant to the provisions of the program.

(c) Any person who utilizes a program identification card to obtain services from a pharmacy after having received notice of the cancellation of his benefits shall be liable to the program administrator for all money paid by the program administrator for any services received pursuant to the illegal use of the identification card.
Ala. Code § 34-13-231 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-231
Section 34-13-231 Deposits into Trust; Trustee Responsibilities; Interests in Funds
Status: in_force

(a) Any person who is paid, collects, or receives funds under a preneed contract for funeral services or funeral merchandise to be funded by trust shall deposit in trust an amount at least equal to the sum of 75 percent of the amount collected on the purchase price for all funeral services and funeral merchandise sold, transportation, and facilities rented other than outer burial containers, 60 percent of the amount collected on the purchase price for outer burial containers, 110 percent of the wholesale cost of memorials from the amount collected on the purchase price of memorials, and 100 percent of the amount collected on the purchase price for all cash advance items sold.

(b) All deposits shall be made within 30 days after the end of the calendar month in which the preneed contract is paid in full, unless, prior to that time, all liabilities of the seller under the preneed contract to deliver the specific funeral merchandise or funeral services, or both, or the specific cash advances, identified by the preneed provider as properly allocated to the payment, have been satisfied, or the preneed contract is validly cancelled.

(c) The trustee shall take title to the property conveyed to the trust for the purpose of investing, protecting, and conserving it for the certificate holder; collecting income; and distributing the principal and income as prescribed in this chapter .

(d) The certificate holder is prohibited from sharing in the discharge of these responsibilities, except that the certificate holder may appoint an adviser to the trustee or elect tax free investments. Nothing in this chapter shall prohibit a trustee from electing the qualified funeral trust option under the Internal Revenue Code.

(e) The trust agreement shall be submitted to the board for approval and filing.

(f) The funds shall be held in trust, both as to principal and income earned thereon, and shall remain intact, except that the cost of the operation of the trust or trust account authorized by this section may be deducted from the income earned thereon.

(g) The contract purchaser shall have no interest whatsoever in, or power whatsoever over, funds deposited in trust pursuant to this section.

(h) In no event may the funds be loaned to a certificate holder, an affiliate of a certificate holder, or any person directly or indirectly engaged in the burial, funeral home, or cemetery business. Furthermore, the certificate holder’s interest in the trust shall not be pledged as collateral for any loans, debts, or liabilities of the certificate holder and shall not be transferred to any person without the prior written approval from the board and the trustee. Even though the certificate holder shall be deemed and treated as the settlor and beneficiary of the trust for all purposes, all of the trust funds are exempt from all claims of creditors of the certificate holder except as to the claims of the contract purchaser, his or her representative, or the board .

(i) For all preneed contracts written or entered into on or after January 1, 2015, all required deposits in trust shall commence not later than 30 days after the end of the calendar month in which the sum of the monies collected on the preneed contract exceeds the amount that is not required to be deposited in trust as determined under subsection (a) unless, prior to that time, all liabilities of the preneed seller under the preneed contract have been satisfied, or the preneed contract is validly cancelled. Further required deposits on the contract shall thereafter be made not later than 30 days after the end of the calendar month in which each contract payment is collected by the seller.
Ala. Code § 34-13-230 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-230
Section 34-13-230 Applicability of Chapter
Status: in_force

To comply with the trust requirement of subsection (a) of Section 34-13-194, all certificate holders providing preneed contracts for funeral services or funeral merchandise shall be subject to this chapter.
Ala. Code § 34-5A-2 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-2
Section 34-5A-2 License Requirements
Status: in_force

(a) The unlicensed practice of behavior analysis is prohibited in this state, unless exempted in subsection (c).

(b) No individual shall hold himself or herself out to be a licensed behavior analyst or licensed assistant behavior analyst unless he or she satisfies the applicable requirements of this chapter.

(c) This chapter may not be construed as prohibiting or restricting the practice of any of the following:

(1) An individual authorized to practice psychology within the state.

(2) An applied behavior analysis direct contact technician, or family member implementing a behavior analysis plan within the home or other environment in which the individual is located, who acts under the extended authority and direction of a licensed behavior analyst or a licensed assistant behavior analyst.

(3) A behavior analyst who practices with nonhuman or nonpatient clients or consumers including, but not limited to, applied animal behaviorists and practitioners of organizational behavior management.

(4) A licensed physician who is practicing medicine.

(5) A licensed professional authorized to practice in the state who is not a behavior analyst, so long as the licensed professional does not represent that he or she is a behavior analyst, and so long as the services of the licensed professional are within the scope of practice of the licensing law governing the licensed professional and the services performed are commensurate with the education, training, and experience of the licensed professional.

(6) A matriculated graduate student or postdoctoral fellow whose activities are part of a defined behavior analysis program of study, practicum, or intensive practicum, provided that the practice under this exemption is directly supervised by a licensed behavior analyst in this state or an instructor in a course sequence approved by the certifying entity.

(7) An unlicensed individual pursuing experience in behavior analysis consistent with the experience requirements of the certifying entity, provided the experience is supervised by a licensed behavior analyst in this state.

(d) A violation of this section shall be punishable by a fine of not more than one thousand dollars ($1,000) or the suspension or revocation of a license issued pursuant to this chapter, or both fine and loss of licensing.
Ala. Code § 34-3-3 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-3
Section 34-3-3 Admission Fee Paid by Applicants
Status: in_force

Applicants for admission to the bar not required by law to take an examination shall pay a fee to be set by the Board of Commissioners, but not to exceed one thousand five hundred dollars ($1,500); applicants for admission who are bona fide residents of the State of Alabama who are required to be examined by the Board of Bar Examiners shall pay a fee to be determined by the Board of Commissioners not to exceed one thousand dollars ($1,000), and applicants for admission who are not bona fide residents of the State of Alabama who are required to be examined by the Board of Bar Examiners shall pay the same fee set for residence examinees, plus an additional sum to be determined by the Board of Commissioners not to exceed one thousand dollars ($1,000). The Board of Commissioners shall not have the authority to increase the fee provided for in this paragraph for applicants who are bona fide residents of the State of Alabama or the additional fee for applicants who are not bona fide residents of the State of Alabama by more than one hundred dollars ($100) in any one calendar year. Such fees shall be paid to the Secretary of the Board of Bar Commissioners. Twenty-five dollars ($25) of each fee generated pursuant to this section shall be distributed by the secretary to the Alabama Lawyer Assistance Foundation.
Ala. Code § 34-13-110 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-110
Section 34-13-110 Operation through Licensed Director or Embalmer; Name Requirements; Advertising Cremation or Cremation Services
Status: in_force

(a) Any person, corporation, partnership, society or group owning or operating a funeral establishment coming within this chapter may do so only through the services of a licensed funeral director or embalmer. No person not licensed as a funeral director or embalmer shall be permitted to perform the functions of a funeral director or embalmer as herein defined or hold himself or herself out to the public as such by reason of his or her ownership in a funeral establishment or by reason of his or her ownership of stock owned in or office held in a corporation to own or operate a funeral establishment. After September 10, 1975, no firm or corporation authorized to own and operate a funeral establishment may change or amend its name or charter so as to include in its firm or corporate name the name of any person who is not individually licensed as a funeral director in this state; provided, that this sentence shall not be applicable to the name of any firm or corporation owning or operating a funeral establishment on September 10, 1975, so long as such firm or corporation remains under the same ownership.

(b) If the business card of a funeral establishment contains the name of an individual, the individual shall be licensed by the board in accordance with this chapter, unless otherwise provided by this chapter or board rule.

(c)(1) Any funeral establishment advertising cremation or cremation services that does not own a crematory shall include the following disclaimer in a clear and conspicuous manner on all advertisements and printed material: “This establishment does not own a crematory.”

(2) For the purposes of this subsection, an advertisement shall include, but is not limited to, a notice or announcement in a public medium, including the Internet, promoting the funeral establishment and any printed material containing the name of the funeral establishment.
Ala. Code § 34-23-110 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-110
Section 34-23-110 Short Title
Status: in_force

This article shall be known and may be cited as the “Third Party Prescription Program Act.”
Ala. Code § 34-12-33 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-33
Section 34-12-33 Removal of Members; Vacancies
Status: in_force

The Governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Vacancies in the membership of the board shall be filled for the unexpired term by appointment only in the manner provided by this chapter for the appointment of members of the board.
Ala. Code § 34-13-260 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-260
Section 34-13-260 Applicability of Chapter
Status: in_force

To comply with the trust requirement of subsection (a) of Section 34-13-194, all certificate holders who are cemetery authorities providing preneed contracts for cemetery services or cemetery merchandise shall be subject to this chapter.
Ala. Code § 34-39-38 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-38
Section 34-39-38 Data System
Status: in_force

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

(b) A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable (utilizing a unique identifier) as required by the rules of the commission, including:

(1) Identifying information;

(2) Licensure data;

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

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

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

(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and

(7) Current significant investigative information.

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

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

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
Ala. Code § 34-16-3 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-3
Section 34-16-3 Definitions
Status: in_force

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

(1) BOARD. The Alabama Licensure Board for Interpreters and Transliterators, created pursuant to Section 34-16-4.

(2) CODE OF ETHICS. The tenets established by the Registry of the Interpreters for the Deaf which set guidelines governing professional conduct for interpreters and transliterators, and any other code of ethics approved by the board.

(3) CONSUMER. A hard of hearing, deaf, or speech disabled person or any other person or an agency that requires the services of an interpreter or transliterator to effectively communicate and comprehend signed or spoken discourse.

(4) CONTINUING EDUCATION PROGRAM or CEP. A program approved by the board to improve the skill level of licensees and permit holders.

(5) FUND. The Alabama Licensure Board for Interpreters and Transliterators Fund, created pursuant to Section 34-16-9.

(6) INTERMEDIARY INTERPRETER. A person who is credentialed as an interpreter and who serves in an intermediary capacity between another deaf person and another licensed or permitted interpreter or between two or more deaf persons.

(7) INTERPRETER. A person who is credentialed as a professional interpreter and who engages in the practice of interpreting among consumers. Fluency in all languages interpreted is required.

(8) INTERPRETING or TRANSLITERATING. The process of providing accessible communication between and among consumers who do not share a common means of communication. For the purposes of this chapter, interpreting means those processes known as interpretation and transliteration and includes communication modalities, including, but not limited to, visual, gestural, and tactile channels.

(9) NATIONALLY RECOGNIZED CERTIFICATION. A certification awarded to individuals who successfully complete an evaluation of interpreting skills at a professional level. The term includes a Registry of Interpreters for the Deaf certification, or an equivalent such as the National Association for the Deaf/Alabama Association for the Deaf Interpreter Assessment Program Level 4 or Level 5, or Cued Speech Certification at a national level.

(10) ORGANIZATIONS. The Alabama Association of the Deaf (AAD), a state chapter of the National Association of the Deaf (NAD); Alabama Registry of Interpreters for the Deaf (ALRID), an affiliate state chapter of the Registry of Interpreters for the Deaf, Inc., (RID).

(11) SIGN LANGUAGE. Includes all of the following communication systems:

a. American Sign Language (ASL) Based. The language of the deaf community that is linguistically independent from English. The term refers to the visual gestural language used in the United States and parts of Canada and includes all regional variations.

b. English Based Sign Systems. Includes, but is not limited to, all visual representations of the English language such as manually coded English, Pidgin Sign English, and Oral Interpreting.

c. Sign Language. A generic term used to describe a continuum of visual-manual language and communication systems.

d. Cued Speech. A system of handshapes which represents groups of consonant sounds, combined with hand placements which represent groups of vowel sounds, used with natural speech to represent a visual model of spoken language.

(12) TRANSLITERATOR. A person who is credentialed as a professional transliterator and who engages in the practice of transliteration between consumers utilizing two different modes of the same language. Fluency in both modes of language is required.
Ala. Code § 34-40-68 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-68
Section 34-40-68 Data System
Status: in_force

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system and reporting system containing licensure, compact privileges, adverse action, and the presence of current significant investigative information on all licensees and applicants for a license in member states.

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

(1) Personally identifying information;

(2) Licensure data;

(3) Adverse actions against a licensee, license applicant, or compact privilege and information related thereto;

(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of the participation, and other information related to the participation;

(5) Any denial of an application for licensure, and the reasons for the denial, excluding the reporting of any criminal history record information where prohibited by law;

(6) A binary determination regarding the presence of current significant investigative information; and

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

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

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

(e) It is the responsibility of the member states to monitor the data system to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state.

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

(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
Ala. Code § 34-2-36 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-36
Section 34-2-36 Penalties; Hearing; Enforcement; Appeal
Status: in_force

(a) Any person who knowingly, willfully, or intentionally violates any provision of this chapter shall be guilty of a Class A misdemeanor. Each day of violation shall constitute a distinct and separate offense.

(b) When it appears to the board that any person is violating this chapter, the board may in its own name bring an action in the circuit court for an injunction, and the court may enjoin any person from violating this chapter regardless of whether the proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.

(c) In addition to any other provisions of law, the board may enter an order assessing a civil penalty against any nonregistered individual, corporation, or other entity found guilty by the board of, but not limited to, the following violations of this chapter:

(1) Engaging in the practice or offer to practice architecture in this jurisdiction without being registered in accordance with this chapter.

(2) Using or employing the words architect, architecture, or any modification or derivative thereof in its name or form of business activity, except as authorized in this chapter.

(3) Presenting to the board or attempting to use the certificate of registration or the seal of another registered architect to obtain or attempt to obtain a certificate of registration.

(4) Giving false or forged evidence of any kind to the board in obtaining or attempting to obtain a certificate of registration.

(5) Falsely impersonating another registered architect of like or different name.

(6) Using or attempting to use a revoked or nonexistent certificate of registration.

(7) Directing the professional judgment of a registered architect who is responsible for the practice of architecture.

(d) The board shall determine the amount of the civil penalty which shall not exceed five thousand dollars ($5,000) for each day the violation continues and shall not be greater than twenty-five thousand dollars ($25,000) total per violation.

(e) Before issuing an order under this section, the board shall provide the person written notice and the opportunity to request, within 30 days of the notice by the board, a hearing on the record.

(f) Pursuant to the proceedings under this section, the board may issue subpoenas to compel the attendance and testimony of witnesses and disclosure of evidence and may request the Attorney General to bring an action to enforce a subpoena.

(g) A person aggrieved by the levy of a civil penalty under this section may file an appeal to the Circuit Court of Montgomery County exclusively for judicial review of the penalty within 30 days, notwithstanding the Administrative Procedure Act. Unless an appeal is taken or the penalty paid, the order of the board imposing the civil penalty shall become a judgment.

(h) If a person fails to pay a civil penalty within 30 days after entry of an order pursuant to subsection (c) or if the order is stayed pending an appeal, within 10 days after the court enters a final judgment in favor of the board of an order appealed pursuant to subsection (g), the board shall notify the Attorney General. The Attorney General may commence a civil action to recover the amount of the penalty plus attorney fees and costs.

(i) The cost to the board of the action shall be paid by the respondent if found in violation.
Ala. Code § 34-16-13 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-13
Section 34-16-13 Violations; Penalties
Status: in_force

After January 1, 1999, any person who undertakes or attempts to undertake the practice of interpreting or transliterating for remuneration among consumers without first having procured a valid license or permit, or who knowingly presents or files false information with the board for the purpose of obtaining a license or permit, or who violates this chapter shall be guilty of a Class C misdemeanor. A person who is not licensed or permitted may not bring or maintain an action to enforce any contract for interpreting or transliterating services which he or she entered into in violation of this chapter. Whenever it appears to the board that any interpreter or transliterator has violated or is about to violate this chapter, the board may, in its own name, petition the circuit court of the county where the violation occurred or is about to occur to issue a temporary restraining order enjoining the violation.
Ala. Code § 34-26-94 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-94
Section 34-26-94 Judicial Proceedings by the Individuals
Status: in_force

Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction.
Ala. Code § 34-9-2 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-2
Section 34-9-2 Legislative Findings
Status: in_force

(a) The Legislature hereby declares that the practice of dentistry and the practice of dental hygiene affect the public health, safety, and welfare and should be subject to regulation. It is further declared to be a matter of public interest and concern that the dental profession merit and receive the confidence of the public and that only qualified dentists be permitted to practice dentistry and only qualified dental hygienists be permitted to practice dental hygiene in the State of Alabama. All provisions of this chapter relating to the practice of dentistry and dental hygiene shall be liberally construed to carry out these objects and purposes.

(b) The Legislature also finds and declares that, because of technological advances and changing practice patterns, the practice of dentistry and the practice of dental hygiene is occurring with increasing frequency across state lines and that the technological advances in the practice of dentistry and in the practice of dental hygiene are in the public interest.

(c) The Legislature further finds and declares that the practice of dentistry and the practice of dental hygiene are each a privilege. The licensure by this state of nonresident dentists who engage in dental practice and persons who engage in the practice of dental hygiene within this state are within the public interest. The ability to discipline the nonresident dentists and dental hygienists who engage in dental practice in this state is necessary for the protection of the citizens of this state and for the public interest, health, welfare, and safety.
Ala. Code § 34-30-26 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-26
Section 34-30-26 Term; Expiration Date; Renewal; Inactive Status
Status: in_force

(a) All licenses and certificates under this chapter shall be effective when issued by the State Board of Social Work Examiners.

(b) All licenses and certificates issued by the board shall expire on the last day of the month in the calendar year that is exactly two years from the calendar year and month in which the license or certificate is issued.

(c) A license or certificate may be renewed by the payment of the renewal fee set by the board and by the execution and submission on a form provided by the board of a sworn statement by the applicant that his or her license or certificate has been neither revoked nor currently suspended.

(d) At the time of license renewal, each applicant shall present satisfactory evidence that in the period since the license was issued, such applicant has completed the continuing education requirements specified by the board. At the time of license renewal, the board may, in its discretion, waive the continuing education requirement upon a showing by an applicant that prolonged illness or other extenuating circumstances prevented completion of such requirements. A waiver shall not be granted to any applicant twice in succession.

(e) The application for renewal must be made within 60 days after the expiration of the license or the termination of the period of suspension.

(f) No licensee shall be denied a license renewal based on the fact that such licensee has not actively practiced social work for the previous licensing period, provided that all licensing renewal fees have been paid to the board by the licensee.

(g) A licensee under this chapter who is not engaged in the practice of social work or who does not live in the state may request, in writing, that the board place his or her name on the board’s inactive roll, thereby granting him or her inactive status and protecting his or her right to obtain a license to practice pursuant to subsection (a) at a later time if he or she wishes to become actively engaged in the practice.

(h) If, upon receipt of the request as provided in subsection (g), the board determines that the social worker shall be permitted to retain his or her initial registration or certification, the social worker shall pay a biennial registration fee in such amount as the board, from time to time, shall determine. If a social worker who has elected inactive status wishes to reenter the practice, he or she shall make application to the board for licensure to practice. To ensure competency to practice, the board, in its rules, shall specify the number of hours of continuing education the applicant shall obtain before regaining active status.
Ala. Code § 34-26-63 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-63
Section 34-26-63 Practice Outside State; Supervision Contract Form; Final Report; Additional Supervision
Status: in_force

(a) A psychological technician who practices in a jurisdiction outside of the state shall not be required to receive supervision for services rendered in that jurisdiction so long as the services are rendered in a manner consistent with the legal requirements of the jurisdiction.

(b) The initial supervision contract form shall be filed with and accepted by the board prior to any practice.

(c) An amended written supervision contract form shall be filed with the board within 45 days of any change in the conditions specified in the supervision contract form on file with the board. Additionally, within 14 days after receiving written notification from the board that the filing of a new supervision contract form is necessary to provide for the protection of the public or the regulation of the practice of psychology, an amended written supervision contract form shall be filed with the board. A supervision contract form shall document either that supervision is required and is received, or that supervision is not required. A separate supervision contract form shall be filed for each separate work setting. If receiving supervision from more than one supervisor to meet minimum requirements, a separate supervision contract form shall be filed for each individual supervisor.

(d) A supervisor shall report to the board that agreed upon supervision has been provided and shall file a final report with the board upon the termination of supervision. If a psychological technician is not receiving supervision, it is his or her responsibility to report that fact to the board within 14 days. A report shall be submitted to the board within 14 days after receiving written notification from the board that a report is due, within 14 days after the termination of supervision, and within 45 days after a change in the conditions specified in the supervision contract form on file with the board.

(e) Additional supervision and reporting to the board may be required if previous evaluations or other information suggest possible problems with the competence or ethical standards of the supervisee. Additional documentation or an interview with the board or a designated representative of the board may be required if questions arise regarding the practice of the supervisee.

(f) Supervision shall be provided in face-to-face and primarily one-on-one sessions by the supervisor of record. The rate of supervision specified in this section shall be provided for each separate work setting in which the psychological technician supervisee engages in an activity requiring supervision.
Ala. Code § 34-27-38 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-38
Section 34-27-38 Disciplinary Action - Appeals
Status: in_force

(a) Findings of the commission are final unless within 30 days after the date of the commission’s final order, the applicant or accused files a notice of appeal in the Circuit Court of Montgomery County, or of the county of his or her residence, if an Alabama resident; or, if a corporation registered in Alabama, in the circuit court of the county of registration or the county in which the corporation has its principal place of business in Alabama. A party appealing a decision shall post a $200 appeal bond with the clerk of the circuit court. The circuit clerk shall notify the commission of the appeal after the clerk has approved the appellant’s bond.

(b) An appeal does not act as supersedeas, but the decision of the commission may be stayed by the court pending such appeal.

(c) The commission shall within 30 days of service of the notice of appeal, or within such additional time as the court may allow, file the record in the case with the circuit clerk. A complaint setting forth with particularity the issues raised on appeal shall be filed with the court and served on the commission by the appealing party within 30 days after the notice of appeal is filed. Thereafter the action shall be conducted in accordance with the Alabama Rules of Civil Procedure.

(d) The appeal shall be conducted by the court without a jury and shall be confined to the record. The commission’s decision shall be taken as prima facie just and reasonable and the court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court shall affirm or reverse, in part or in whole, or modify the commission decision or remand the case to the commission for further proceedings.

If the commission decision is affirmed in whole or in part, the cost of the appeal shall be taxed against the party taking the appeal. If the decision of the commission is not affirmed, the court shall tax the costs of appeal against the commission.
Ala. Code § 34-2-38 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-38
Section 34-2-38 Board for Registration of Architects - Creation; Composition
Status: in_force

To carry out the provisions of this chapter, there shall be a State Board for Registration of Architects, consisting of six members, each of whom shall be appointed by the Governor from a list of three individuals selected as follows:

(1) All appointments as members of the board shall be architects registered and licensed pursuant to this chapter. The board shall be appointed from the following districts: One from the northern district; two from the north central district; two from the central district; and one from the southern district. The northern district shall be comprised of the Counties of Colbert, Cullman, DeKalb, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, and Winston; the north central district shall be comprised of the Counties of Bibb, Blount, Calhoun, Cherokee, Clay, Cleburne, Etowah, Fayette, Greene, Hale, Jefferson, Lamar, Pickens, Randolph, Shelby, St. Clair, Sumter, Talladega, Tuscaloosa, and Walker; the central district shall be comprised of the Counties of Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Dallas, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Marengo, Montgomery, Perry, Pike, Russell, Tallapoosa, and Wilcox; and the southern district shall be comprised of the Counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington.

(2) At least 30 days before the expiration of a board member’s term, or for filling a vacancy otherwise occurring, a nominating committee of six members shall be selected by secret ballot from the district entitled to fill the vacancy. The nominating committee shall be elected at a meeting in the district called by the executive director of the board, who shall give notice in writing of the time and place of the called meeting to each architect in the district at least 30 days in advance of the date set for the meeting. Those architects present at the called meeting may vote on the membership of the nominating committee. After the selection of the nominating committee from the district where the vacancy occurs, there shall be a meeting of the committee with the board to select the names of three persons to be sent to the Governor by the executive director of the board. The board may conduct the nominating committee meeting virtually or provide a process of selection by mail-in ballot. The Governor shall appoint one of the named individuals to the board. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(3) The term of office of the members of the board shall be four years and until their successors are appointed and qualified.

(4) A member shall reside and have his or her principal office in the district from which appointed. A member’s place on the board shall become vacant if the member removes either his or her residence or principal office from that district.
Ala. Code § 34-11-9 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-9
Section 34-11-9 Practice by Firms
Status: in_force

(a)(1) A firm that practices or offers to practice engineering or land surveying is required to obtain a certificate of authorization from the board in accordance with rules adopted by the board.

(2) An entity that performs engineering services or land surveying services for itself, or for a parent or subsidiary, is not required to have a certificate of authorization.

(3) A firm may not be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners by reason of its compliance with this section. An individual practicing engineering or land surveying under this chapter is not relieved of responsibility for engineering or land surveying services performed by reason of employment or other relationship with a firm holding a certificate of authorization.

(4) The Secretary of State may not accept organizational papers nor issue a certificate of incorporation, organization, licensure, or authorization to any firm that includes among the objectives for which it is established or within its name, any of the words “engineer,” “engineering,” “land surveyor,” “land surveying,” or any modification or derivation thereof unless the board has issued for the applicant a certificate of authorization or a letter indicating the eligibility of the applicant to receive such a certificate. The firm applying shall supply their certificate or letter from the board with its application for incorporation, organization, licensure, or authorization.

(5) The Secretary of State may not authorize any trade name trademark, service mark that includes words set forth in subdivision (4), or any modification or derivative thereof, except licensees and firms holding certificates of authorization issued under this section.

(6) For the purposes of this section, a certificate of authorization shall be required by a firm practicing under a fictitious name, offering engineering or land surveying services to the public. Where a licensee is practicing engineering or land surveying in his or her own given name, the licensee shall not be required to qualify under this section.

(7) The practice of engineering or land surveying incidental to or in connection with production, manufacture, transportation, distribution, or communication may be carried on by any firm engaged in the production, manufacture, transportation, distribution, or communication and does not require a certificate of authorization. The engineering and land surveying services shall be performed by or under the direction of a professional engineer or professional land surveyor licensed in conformity with this chapter. All drawings, plans, specifications, plats, and reports involving the practice of engineering or land surveying shall when issued be dated and bear the seal or facsimile of the seal, signature, and licensure number of the professional engineer or land surveyor in responsible charge thereof.

(b) A firm shall designate a managing agent and a resident professional if offering or performing Alabama services in multiple offices. The managing agent and the resident professional may be the same individual.

(c) The following criteria shall apply to a firm’s designation of a managing agent:

(1) A firm shall designate a professional engineer or a professional land surveyor to be a managing agent for the firm.

(2) The managing agent is responsible for the engineering or land surveying work in the state and for projects within the state offered or provided by the firm.

(3) A licensee may not be designated as a managing agent for more than one firm unless the firms share a location.

(4) A licensee who renders occasional, part-time, or consulting engineering or land surveying services to or for a firm may not be designated as a managing agent.

(d) The managing agent’s responsibilities include all of the following:

(1) Renewal of the firm’s certificate of authorization and notification to the board of any change in the managing agent.

(2) Overall administrative supervision of the firm’s licensed and subordinate personnel providing the engineering or land surveying work in the state.

(3) Ensuring that the policies of the firm are in accordance with the rules of professional conduct adopted by the board.

(e) A firm shall designate a resident professional engineer or a resident professional land surveyor, as applicable, in each branch office in which engineering or land surveying services for the state are offered or provided. The resident professional shall be responsible for overseeing the daily operations of that branch office. The following criteria shall apply to the firm’s designation of a resident professional:

(1) A licensee may not be designated as a resident for more than one firm unless the firms share a location.

(2) A licensee who renders occasional, part-time, consulting engineering or land surveying services to or for a firm may not be designated as a resident professional.

(f)(1) A firm desiring a certificate of authorization must file with the board an application using a form provided by the board and provide all the information required by the board. The application form shall be filed with the board upon renewal or not more than 30 days after any information contained on the application form is changed or differs for any reason. If in the judgment of the board the application meets the requirements of this chapter, the board shall issue a certificate of authorization for the firm to practice engineering or land surveying.

(2) The application fee for a certificate of authorization for a firm shall be established by the board, may not exceed two hundred fifty dollars ($250), and shall accompany the application. The fee is non-refundable.

(g)(1) A certificate of authorization expires on the date designated by the board and is invalid after that date unless renewed. The board shall notify a firm holding a certificate of authorization under this chapter of the date of the expiration of the certificate of authorization and the fee required for its renewal. The board shall establish the renewal fee which may not exceed two hundred fifty dollars ($250).

(2) A firm that allows a certificate of authorization to expire due to non-renewal shall be treated as having an expired certificate and it shall be unlawful for the firm to practice, offer to practice, or hold itself out as qualified to practice in this state following the expiration of its certificate of authorization.

(3) The board, by rule, shall establish procedures, time limits, and the reinstatement fee which shall not exceed five hundred dollars ($500), required for reinstating an expired certificate of authorization.

(h) A firm whose certificate of authorization has expired due to nonrenewal but is still eligible for reinstatement shall continue to be subject to this chapter and the rules of the board until the certificate of authorization is revoked by action of the board or becomes no longer eligible for reinstatement.
Ala. Code § 34-23-10 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-10
Section 34-23-10 Notification by Pharmacists of Change of Employment
Status: in_force

Each pharmacist licensed by the board shall notify the board in writing within 10 days on change of employment. The notice shall contain his or her name, license number, the name of the pharmacy where formerly employed and the name of the pharmacy where currently employed.
Ala. Code § 34-28A-63 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-63
Section 34-28A-63 Compact Privilege
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of this compact, the audiologist or speech-language pathologist shall meet all of the following requirements:

(1) Hold an active license in the home state.

(2) Have no encumbrance on any state license.

(3) Be eligible for a compact privilege in any member state in accordance with Section 34-28A-62.

(4) Have not had any adverse action against any license or compact privilege within the previous two years from the date of application.

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

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

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

(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist may only hold one home state license at a time.

(c) Except as provided in Section 34-28A-65, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist shall apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.

(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

(e) A license may not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

(f) If an audiologist or speech-language pathologist changes his or her primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the privilege to practice in any member state is deactivated in accordance with the rules adopted by the commission.

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

(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state, in accordance with due process and that state’s laws, may remove a licensee’s 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.

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

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

(2) Two years have elapsed from the date of the adverse action.

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

(1) Once the requirements of subsection (j) have been met, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in a remote state.
Ala. Code § 34-34B-7 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-7
Section 34-34B-7 Adverse Actions
Status: in_force

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do both of the following:

(1) Take adverse action against a licensee’s compact privilege within that member state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(b) Only the home state shall have the power to take adverse action against a licensee’s home state license.

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

(d) The home state shall complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state shall also have authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(e) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.

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

(g) Joint investigations.

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

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

(h) If adverse action is taken by the home state against a licensee’s home state license resulting in an encumbrance on the home state license, the licensee’s compact privilege in all other member states shall be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee shall include a statement that the licensee’s compact privileges are revoked in all member states during the pendency of the order.

(i) Once an encumbered license in the home state is restored to an unencumbered license, as certified by the home state’s licensing authority, the licensee must meet the requirements of Section 34-34B-4(a) and follow the administrative requirements to reapply to obtain a compact privilege in any remote state.

(j) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the other member states of any adverse actions.

(k) Nothing in this compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
Ala. Code § 34-4-24 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-24
Section 34-4-24 Bond Required
Status: in_force

Each application for an auctioneer’s or apprentice auctioneer’s license shall be accompanied by a bond in the amount of $10,000. The bond shall be a cash bond or a surety bond and, if the latter, shall be executed by a surety company authorized to do business in this state. The bond shall be made payable to the board and conditioned upon the applicant conducting his or her business in accordance with the provisions and intent of this chapter. The bond shall be in a form approved by the board. No license may be issued until such a bond has been filed with the board.
Ala. Code § 34-15C-3 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-3
Section 34-15C-3 Definitions
Status: in_force

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

(1) BOARD. The Alabama Board for Registered Interior Designers.

(2) NCIDQ. The National Council for Interior Design Qualification.

(3) REGISTERED INTERIOR DESIGNER. An interior design professional, as defined by the NCIDQ, who is approved and registered by the board and the Secretary of State.
Ala. Code § 34-7B-25 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-25
Section 34-7B-25 Registration of Threaders
Status: in_force

Threaders shall register with the board and pay an original license fee by January 28, 2014. Any person licensed pursuant to this section shall be subject to this chapter and rules adopted by the board, including, but not limited to, shop requirements, sanitation procedures, and license renewal.
Ala. Code § 34-26-111 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-111
Section 34-26-111 Construction and Severability
Status: in_force

(a) This compact and the commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, implementation, and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission’s rulemaking authority solely for those purposes. (b) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in this compact, or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, individual, or circumstance shall not be affected thereby. (c) Notwithstanding subsection (b), the commission may deny a state’s participation in this compact or, in accordance with the requirements of Section 34-26-109(f), terminate a member state’s participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

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

(c) Notwithstanding subsection (b), the commission may deny a state’s participation in this compact or, in accordance with the requirements of Section 34-26-109(f), terminate a member state’s participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 34-14C-6 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-6
Section 34-14C-6 Denial, Suspension, or Revocation of License; Hearing; Notice, Penalties; Appeal
Status: in_force

(a) The board may deny, suspend, or revoke a license as provided in this section.

(b) A license may not be denied, suspended, or revoked except by majority vote of the board and with prior notice and opportunity for hearing in accordance with this chapter and the Alabama Administrative Procedure Act.

(c) The board may institute a hearing for denial, suspension, or revocation of a license or any person may file a written complaint with the board seeking the denial, suspension, or revocation of an application for licensure or license issued by the board or the investigation of any unlicensed person or entity providing home medical equipment services. The complaint shall be in a form prescribed by the board.

(d) A copy of the charges, including notice of the time and place of hearing, shall be served by certified mail, return receipt requested, at least 21 days before the scheduled hearing date to the most recent address of the applicant or licensee on file with the board, or to the last known address of any unlicensed person or entity providing home medical equipment services. If the notice and opportunity for hearing is refused or the return receipt has not been received by the board within 10 days before the scheduled hearing, the applicant, licensee, or unlicensed person or entity may be served by mailing the charges and notice by first class mail, at least seven days before the hearing date, to the most recent address on file with the board, or to the last known address of the unlicensed person or entity providing home medical equipment services.

(e) The board may invoke disciplinary action as outlined in subsection (f) whenever it is established to the satisfaction of the board, after a hearing held in accordance with this chapter and the Alabama Administrative Procedure Act, that any person is guilty of any of the following acts:

(1) Violation of this chapter or a rule of the board.

(2) Making a material misrepresentation in furnishing information to the board.

(3) Making a misrepresentation to obtain licensure or to otherwise violate this chapter.

(4) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States, or any state or territory of the United States, or to any crime that is a misdemeanor, if an essential element of the crime is dishonesty or is directly related to providing home medical equipment services.

(5) Gross negligence or gross misconduct in providing home medical equipment services.

(6) Aiding, assisting, or willingly permitting another person to violate any provision of this chapter or rule of the board.

(7) Failing, within 30 days, to provide information in response to a written request of the board.

(8) Failing to cooperate with an inspection or with an investigation conducted by the board.

(9) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(10) Denial, revocation, suspension, or restriction of a license in another state or jurisdiction to provide home medical equipment services for a reason other than failure to renew the license.

(11) Directly or indirectly giving to or receiving from any person, partnership, corporation, or other legal entity any fee, commission, rebate, or other form of compensation for services not actually or personally rendered.

(12) A finding that a licensee on probationary status has violated the terms of the probation.

(13) Willfully making or filing false records, reports, or billings in the course of providing home medical equipment services including, but not limited to, false records, reports, or billings filed with state or federal agencies or departments.

(14) The use of any words, abbreviations, figures, or letters with the intention of indicating practice as a home medical equipment services provider without having first obtained a license from the board.

(15) Failure to comply with state or federal laws and regulations concerning home medical equipment services providers.

(16) Solicitation of home medical equipment services using false or misleading advertising.

(17) Failure to display a license in accordance with this chapter.

(18) Failure to report a change of name, address, control, ownership, or administration to the board within 30 days after the date of change.

(f) When the board finds any person guilty of any of the grounds set forth in subsection (e), the board may enter an order imposing one or more of the following penalties:

(l) A letter of reprimand.

(2) Imposition of probation for a period of time and subject to such conditions as may be prescribed by the board.

(3) Denial of an application for an initial or renewal license.

(4) Suspension of a license for a period of time established by the board, with or without automatic reinstatement.

(5) Revocation of a license.

(6) Payment of restitution to each consumer negatively affected by the prohibited act. Proof of such restitution shall be a signed and notarized release executed by the consumer or the estate of the consumer.

(7) Assessment of the costs of the disciplinary proceedings.

(g) Failure to comply with any final order of the board is also cause for suspension or revocation of a license. The board may suspend or revoke any license which has been issued based on false or fraudulent representations.

(h) The board may informally resolve any alleged violation of this chapter or rule of the board by stipulation, agreed settlement, or consent order, in lieu of an administrative hearing.

(i) Any entity or person found to be providing home medical equipment services without a license as required by this chapter shall be subject to an administrative fine of up to one thousand dollars ($1,000) per day that services were provided without a license. Funds collected pursuant to this chapter shall be allocated to the administration of the program.

(j) Any entity or person found to be providing home medical equipment services without a license as required by this chapter may be administratively enjoined by the board from providing services until such time as the entity or person complies with this chapter.

(k) In addition to any other disciplinary action authorized by this chapter, the board may levy and collect administrative fines for violations of this chapter or the rules or standards of the board in an amount of up to one thousand dollars ($1,000) for each violation.

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

(m) Any entity or person subject to the penalties prescribed by subsections (i) and (j) may pursue an appeal through the board according to rules promulgated by the board.

(n) Any hearings related to matters before the board shall be conducted in Montgomery County.

(o) In addition to any other penalty or disciplinary action authorized by this chapter, the board may seek an injunction against any person or entity found in violation of this chapter. In an action for an injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney fees, and court costs. No civil penalty shall be awarded to the board if an administrative fine is assessed pursuant to subsection (i).

(p) Upon the revocation or suspension of a license, the licensee shall immediately surrender the license to the board, and if the licensee fails to do so, the board may seize the license.

(q) Any person aggrieved by an adverse action of the board may appeal the action to the Circuit Court of Montgomery County in accordance with the Alabama Administrative Procedure Act.
Ala. Code § 34-9-87 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-87
Section 34-9-87 Permit Limitations
Status: in_force

A dentist who holds only an oral conscious sedation permit may not use or administer general anesthesia or parenteral sedation, or both, as those terms are used in this chapter.
Ala. Code § 34-1A-12 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-12
Section 34-1A-12 Alarm Verification by Alarm Monitoring Companies
Status: in_force

(a) The board shall require an alarm monitoring company to utilize a system providing for alarm verification of all alarm signals, except alarm verification shall not be required in the case of a fire alarm or a panic or robbery-in-progress alarm or in cases where a crime in progress has been verified to be true by video or audio means, when no alarm signal has been received from the alarm site within the preceding 12 months, or when the contract between the alarm user and the monitoring company specifies the use of a different calling protocol.

(b) The board shall provide by rule for the implementation and enforcement of this section.
Ala. Code § 34-23-114 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-114
Section 34-23-114 Denial of Payment
Status: in_force

(a) No program administrator shall deny payment for services to any pharmacy which may have resulted from the fraudulent or illegal use of any identification card by any person unless the pharmacy has been notified that the card has been canceled or discontinued and that the program administrator has been unsuccessful in attempting to regain possession of the card.

(b) No program administrator shall withhold any payments to any pharmacy beyond the time period specified in the payment schedule provisions of the agreement, except that individual claims for payment may be returned to the pharmacy for reasons such as incomplete or illegible information and may then be resubmitted by the pharmacy to the program administrator after appropriate corrections have been made.
Ala. Code § 34-32-10 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-10
Section 34-32-10 Expiration and Renewal of Certificates
Status: in_force

A certificate as a registered professional soil classifier expires at 12:00 P.M. on September 30 of each even-numbered year. A certificate may be renewed by applying to the board in writing prior to the expiration date and by paying the renewal fee prescribed by this chapter.
Ala. Code § 34-24-168 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-168
Section 34-24-168 Refusal, Revocation, or Suspension - Guidelines for Conduct of Hearing; Settlement by Guilty Plea
Status: in_force

The board shall specify in its rules and regulations specific guidelines to govern all hearings.
Ala. Code § 34-40-65 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-65
Section 34-40-65 Active Military Member or His or Her Spouse
Status: in_force

An active military member or his or her spouse shall not be required to pay a fee to the commission for a compact privilege. If a member state chooses to charge a member state fee, the member state may choose to charge a reduced fee or no fee to an active military member or his or her spouse for a compact privilege.
Ala. Code § 34-9-43 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-43
Section 34-9-43 Powers and Duties Generally
Status: in_force

(a) The board shall exercise, subject to this chapter, the following powers and duties:

(1) Adopt rules for its government as deemed necessary and proper.

(2) Adopt rules for qualification and licensing of dentists and dental hygienists.

(3) Conduct or participate in examinations to ascertain the qualification and fitness of applicants for licenses as dentists and dental hygienists.

(4) Adopt rules regarding sanitation.

(5) Adopt rules by which dental schools and colleges are approved, and adopt rules by which training, educational, technical, vocational, or any other institution that provides instruction for dental assistants, dental laboratory technicians, or any other paradental personnel are approved.

(6) Grant or deny licenses, license certificates, teaching permits, and annual registration certificates in conformity with this chapter.

(7) Conduct hearings or proceedings to impose the penalties specified in Section 34-9-18.

(8)a. Employ necessary individuals to assist in performing its duties in the administration and enforcement of this chapter, and to provide offices, furniture, fixtures, supplies, printing, or secretarial service and expend necessary funds.

b. Employ an attorney or attorneys, subject to the approval of the Attorney General, to advise and assist in the carrying out and enforcing this chapter. Provided, however, that if the board contracts with an outside attorney to be general counsel to the board, that attorney or any member of a law firm with which he or she is associated shall not function as the board’s prosecutor at disciplinary hearings.

(9)a. Investigate alleged violations of this chapter and institute or have instituted before the board or the proper court appropriate proceedings regarding the violation.

b. Authorize and employ investigators who comply with the Alabama Peace Officers’ Standards and Training Act to exercise the powers of a peace officer in investigating alleged violations of the drug or controlled substances laws by individuals licensed pursuant to this chapter, including the powers of arrest and inspection of documents.

(10) Adopt rules to implement this chapter.

(11) Publish, on a quarterly basis, all minutes, except minutes of executive sessions, financial reports, schedules of meetings, including anticipated executive sessions, and other pertinent information on the board’s website no later than 90 days following the date of occurrence. In addition, publish or post annually the rules by the board, a copy of the Dental Practice Act, and a list of all individuals licensed to practice under this chapter.

(12) Attend meetings, seminars, workshops, or events that may improve the function and efficiency of the board or improve the ability of the board to enforce and administer this chapter.

(b) The board, in exercising its powers and duties, shall adhere to guidelines and proceedings of the State Ethics Commission as provided in Chapter 25 of Title 36. The board may adopt rules for the purpose of establishing additional ethical guidelines.
Ala. Code § 34-36-2 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-2
Section 34-36-2 Declaration of Purpose
Status: in_force

The “Alabama Electrical Contractors Act” is enacted for the purpose of safeguarding homeowners and other property owners and tenants against faulty, inadequate, inefficient, or unsafe electrical installations and to protect the life, health, and property of homeowners and other property owners and tenants in the State of Alabama. Electrical contracting is hereby declared to be affected with the public interest, and this chapter shall be liberally construed so as to accomplish the foregoing purpose.
Ala. Code § 34-24-523 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-523
Section 34-24-523 Designation of State of Principal License
Status: in_force

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(1) The state of primary residence for the physician; or

(2) The state where at least 25 percent of the practice of medicine occurs; or

(3) The location of the physician’s employer; or

(4) If no state qualifies under subdivision (1), subdivision (2), or subdivision (3), the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a).

(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
Ala. Code § 34-1A-11 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-11
Section 34-1A-11 Sunset Provision
Status: in_force

The Alabama Electronic Security Board of Licensure is subject to the provisions of the Alabama Sunset Law of 1981, and is classified as an enumerated agency pursuant to Section 41-20-3. The board shall automatically terminate on October 1, 2000, and every four years thereafter, unless a bill is passed that the board be continued, modified, or reestablished.
Ala. Code § 34-17-4 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-4
Section 34-17-4 Practice Deemed Personal Right; Final Drawings, Etc., to Bear Signature and Seal; Formation of Corporation, Limited Liability Company, or Partnership as Vehicle for Practice; Use of Title
Status: in_force

(a) The right to engage in the practice of landscape architecture is a personal right, based upon the qualifications of the individual evidenced by his or her license and is not transferable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of landscape architecture, as defined in Section 34-17-1, when issued or filed for public record, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved them.

(b) A corporation, limited liability company, or partnership may be formed as a vehicle for the practice of landscape architecture, and may use any form of the title “landscape architect” in connection with the name of the business entity if both of the following conditions are satisfied:

(1) One or more of the corporate officers in the case of a corporation, one or more of the managers or members in the case of a limited liability company, or one or more of the partners in the case of a partnership, is designated as being responsible for the professional services described in Section 34-17-1 of the business entity and is a landscape architect under this chapter.

(2) All personnel of the business entity, who act in its behalf as landscape architects, are licensed under this chapter.

(c) An individual desiring to use any form of the title “landscape architect” in connection with the name of a business entity shall file with the board, as part of his or her application for licensure or any subsequent renewal, a listing of relevant information, including the names and addresses of all officers and members of the corporation, managers and members of the limited liability company, or officers and partners of the partnership, and shall indicate those individuals duly licensed to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture in this state through the business entity, and any other information required by the board. A form, giving the same information, shall accompany the annual renewal fee to be determined by the board. In the event there is a change in any of these individuals during the year, the change shall be designated on the same form and filed with the board within 30 days after the effective date of the change. If all of the requirements of this section are satisfied, the business entity may contract for and collect fees for landscape architectural services.

(d) No business entity shall be relieved of responsibility for conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing landscape architecture as defined in Section 34-17-1 be relieved of responsibility for landscape architectural services performed by reason of his or her employment or relationship with the business entity.

(e) This chapter shall not be interpreted to prevent a business entity and its employees from performing landscape architectural services for the business entity, subsidiary, or affiliated business entities.
Ala. Code § 34-3-18 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-18
Section 34-3-18 Lawyers Not Engaged in Active Practice Authorized to Become Members of Alabama Bar Association
Status: in_force

All lawyers who are qualified to practice law in Alabama and who are not engaged in active practice may become members of the Alabama Bar Association by paying directly to the secretary of such association an annual sum equal to 50 percent of the money collected by the State of Alabama from a lawyer as a privilege license tax to engage in the practice of law. Upon the payment of the sum as prescribed in this section, such person shall be entitled to all the privileges and benefits common to the other members of such association.
Ala. Code § 34-25B-51 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-51
Section 34-25B-51 License Application; Issuance and Renewal of License
Status: in_force

(a) Application for a license as a private investigation agency shall be made in writing to the board, on forms prescribed by the board, and shall include all of the following information:

(1) The name of the applicant.

(2) The business name and physical and email address of the applicant.

(3) A telephone number and other contact information for the applicant.

(4) If the applicant is not a domestic business entity in the state, the name and contact information for the registered agent of the applicant for service of process.

(5) The name, address, and contact information of a principal contact for the applicant.

(6) The name, address, and contact information for at least one officer or principal of the company who holds a valid private investigator license in this state.

(7) An irrevocable uniform consent to service of process.

(8) A designated physical address where the records of the applicant shall be kept.

(9) Any other information required by the board and reasonably necessary to grant licensure, as established by rule of the board.

(b) Upon receipt of a properly completed application and payment of a license fee as provided in this subsection, the board shall issue the applicant a private investigation agency license.

(1) For a private investigation agency domiciled within this state, the license fee and renewal fee shall be in an amount determined by the board, not exceeding fifty dollars ($50) for a private investigation agency that employs or contracts with not more than two licensed private investigators, and not exceeding two hundred dollars ($200) for a private investigation agency that employs or contracts with three or more licensed private investigators.

(2) For a private investigation agency domiciled outside of this state, the license fee shall be in an amount determined by the board, not exceeding five hundred dollars ($500).

(c) A private investigation agency license shall be valid for two years from the month of issuance and may be renewed upon payment of the license fee provided in subsection (b) and the satisfaction of any other reasonable requirement established by rule by the board.
Ala. Code § 34-27C-5 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-5
Section 34-27C-5 Denial, Probation, Revocation, or Suspension of License or Certification
Status: in_force

(a) The board may refuse to issue or renew a license or certification, place a licensee on probation, or suspend or revoke a license or certification for any violation of this chapter or rule of the board.

(b) In the event of a denial, probation, revocation, or suspension of a license, an applicant or a licensee shall be notified of the action of the board. The applicant or licensee may request a hearing and appeal the decision of the board in accordance with rules of the board and the Administrative Procedure Act. The licensee shall cease to provide security services to clients immediately upon receipt of a final notice from the board of revocation or suspension of its license or certification.

(c) The board may grant a stay or postponement of probation or a revocation or suspension under certain circumstances and with certain conditions attached, upon a majority vote of the board.
Ala. Code § 34-2-41 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-41
Section 34-2-41 Fund of the Board for the Registration of Architects; Fiscal Year; Compensation of Members; Expenses; Use of Surplus Funds; Fees
Status: in_force

(a) The executive director of the board shall receive and account for all monies derived from the operation of this chapter. Such monies shall be certified into the treasury in a fund to be known as the Fund of the Board for the Registration of Architects. The fund shall be expended only for the purposes of this chapter.

(b) The fiscal year shall commence on the first day of October and end on the thirtieth day of September.

(c) Each member of the board shall receive a per diem as recommended by the board consistent with applicable state laws for attending in person or virtual sessions of the board or its committee, and for the time spent in necessary travel to attend meetings of the board or its committee. In addition, each member of the board shall be reimbursed for traveling and necessary expenses incurred in carrying out official duties.

(d) Expenses certified by the board as properly and necessarily incurred in the discharge of its duties, including, but not limited to, authorized compensations, additional legal services, experts, clerks, office rent, and supplies, shall be paid out of the fund on the warrant of the Comptroller. The warrant shall be issued on requisitions signed by the executive director of the board. At no time in any fiscal year shall the total amount of warrants issued exceed the total amount of monies accumulated in this fund.

(e) The board may make donations from its surplus funds to any state educational institution that has a NAAB accredited school of architecture for assistance in promoting education and research programs in architecture.

(f) The board may provide educational information and programs to the public regarding the service of architecture from its surplus funds.

(g) The board may purchase promotional items for outreach and educational programs from its surplus funds.

(h) For the purpose of attracting architects to the State of Alabama, the board may waive registration fees from its surplus funds as approved by the board through board rule.

(i) The board, by rule, may set registration fees including, but not limited to, application, initial renewal, manual renewal, late renewal, and reinstatement, as well as fees for copies, certificate replacement, and mailing lists.
Ala. Code § 34-23-158 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-158
Section 34-23-158 Retention of Records
Status: in_force

Any procedures or other records required to comply with good compounding practices shall be retained for the same period of time as required for retention of prescription records. All records required to be retained under good compounding practices, or copies of such records, shall be readily available for authorized inspection. Computer information and the hard copy of the prescription shall indicate that the prescription is to be compounded. Adequate records are required to be kept of any controlled dangerous substances or scheduled drugs which are used in compounding.
Ala. Code § 34-32-2 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-2
Section 34-32-2 Definitions
Status: in_force

As used in this chapter, unless a different meaning clearly appears from the context, the following words shall have the following meanings:

(1) BOARD. Alabama Soil and Water Conservation Committee for the Registration of Professional Soil Classifiers.

(2) REGISTERED PROFESSIONAL SOIL CLASSIFIER. A person entitled under this chapter to take and use the title.

(3) SOIL CLASSIFICATION. The soil science evaluation of the nature, physio-chemical properties, formation, taxonomic classification, and general land use suitability on the basis of these parameters within a soil management criteria; it shall specifically include the mapping and identification of surficial and subsurface soil profiles, and the soil management interpretation of these data. Soil classification centers on soils as the biochemically weathered part of the earth’s crust, the collection of natural bodies on the earth’s surface, supporting plants, with a lower limit at the deeper of either the unconsolidated mineral or organic material lying within the zone of rooting of the native perennial plants; or where horizons impervious to roots have developed the upper few feet of the earth’s crust having properties differing from the underlying rock material as a result of interactions between climate, living organisms, parent material, and relief.

(4) PRACTICE OF SOIL CLASSIFICATION. Any professional service which requires the application of soil classification principles and data. Such professional service includes identification and mapping of soils according to the standards of the national cooperative soil survey, consultation, or evaluation.

(5) QUALIFIED PROFESSIONAL SOIL CLASSIFIERS. Such persons who, by reason of their knowledge of soil classification acquired by professional education and practical experience, are qualified to engage in the practice of soil classification as defined.

(6) RESPONSIBLE CHARGE OF WORK. The independent control and direction by the use of initiative, skill, and independent judgment of work or the supervision of such work.

(7) SUBORDINATE. Any person who assists a registered professional soil classifier without assuming the responsible charge of work.
Ala. Code § 34-7B-87 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-87
Section 34-7B-87 Active Duty Military and Their Spouses
Status: in_force

An active duty military service member or his or her spouse shall designate a home state where the individual has a current license in good standing. The individual or spouse may retain his or her home state designation during any period of service when that individual is on active duty.
Ala. Code § 34-13-3 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-3
Section 34-13-3 Construction and Application of Chapter
Status: in_force

Nothing in this chapter shall be construed to give any cemetery or cemetery authority or any other person or entity the right to enter into or engage in any funeral home operation or the practice of embalming or funeral directing or any related funeral home or funeral directing activities. Nor shall this chapter include any temporary or occasional or extra help to assist in the conduct of a funeral employed on such basis by a funeral director, provided such funeral is under the direct supervision of a licensed funeral director. Nor shall this chapter require an out-of-state student to obtain an Alabama apprenticeship for the purposes of attending mortuary school in the state, as long as the student has an existing active apprenticeship or internship in his or her state of residence.
Ala. Code § 34-13-9 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-9
Section 34-13-9 Pricing Requirements
Status: in_force

(a) Pricing of services and merchandise offered by a licensee shall comply with rules established by the Federal Trade Commission.

(b) Each funeral establishment shall have a card or brochure in each full-size and cut casket and a clear statement on each photograph and electronic image of a casket stating the unit price of that casket.
Ala. Code § 34-2A-5 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-5
Section 34-2A-5 Rule-Making
Status: in_force

The Alabama Administrative Procedure Act shall govern all rule-making proceedings of the board.
Ala. Code § 34-4-6 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-6
Section 34-4-6 Limitation on Authority of Political Subdivisions
Status: in_force

No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or to require the licensing in any manner of any auctioneer who has been licensed and bonded under this chapter in lieu of the license tax or license fee heretofore imposed by any political subdivision.
Ala. Code § 34-25-4 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-4
Section 34-25-4 Polygraph Examiners Board Generally
Status: in_force

(a) There is established a Polygraph Examiners Board consisting of five voting members who are citizens of the United States and residents of the state for at least two years prior to appointment, all of whom shall have been engaged for a period of four consecutive years in their profession as polygraph examiners prior to appointment to the board and engaged at the time of appointment as an active polygraph examiner. No board members may be employed by the same person or agency. Three of the board members shall be qualified polygraph examiners of a governmental law enforcement agency, and two of the board members shall be qualified polygraph examiners and Alabama residents in the commercial field. Two advisory consultants, who shall possess qualifications as established by rule of the board, shall be appointed to assist the board members. The board members and advisory consultants shall be appointed by the Governor of the State of Alabama for a term of four years. Any vacancy in an unexpired term shall be filled by appointment of the Governor, with the advice and consent of the Senate, for the unexpired term. In appointing members to the board, the Governor shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. On April 11, 1989, all terms of current board members and advisory consultants shall expire. The Governor shall appoint new board members and advisory consultants in accordance with this chapter. Immediately after May 12, 2003, the board shall notify the Governor of the vacancies on the board and the Governor shall immediately appoint qualified persons to fill those vacancies in accordance with this chapter.

(b) The board may fix the number of its full-time employees, who shall be employed pursuant to the Merit System. The board may engage temporary services for the investigation of applications or to investigate complaints filed against examiners. The board shall fix the compensation for any temporary employees. Temporary employees of the board are not covered under the Retirement Systems of Alabama. Any current full-time employee of the board shall be transferred to the Department of Public Safety on April 11, 1989. All benefits, including retirement, of any current full-time employee of the board who is transferred to the Department of Public Safety in accordance with this chapter, shall be retroactive back to the original date of employment upon payment of necessary contributions as required by the Employees’ Retirement System.

(c) On or after April 11, 1989, and within 30 days of the appointments by the Governor, this new board shall meet and elect a chair from among the members of the board. The board shall meet at three-month intervals, or at any other time as necessary.

(d) The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board.

(e) All documents, records, functions, and responsibilities currently housed at the Board of Polygraph Examiners’ Office shall be transferred to the Department of Public Safety in a section to be determined by the Director of the Department of Public Safety and under the supervision of the Department of Public Safety in conjunction with the board.
Ala. Code § 34-8A-20 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-20
Section 34-8A-20 All Qualified Applicants Licensed; Signatures
Status: in_force

The Alabama Board of Examiners in Counseling shall license to engage in private practice all persons who shall present satisfactory evidence of attainments and qualifications under provisions of this chapter and the rules and regulations of the board. Such licensure shall be signed by the Chairman of the Board of Examiners in Counseling under the board’s adopted seal.
Ala. Code § 34-21A-9 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-9
Section 34-21A-9 Rules and Regulations
Status: in_force

The board may adopt and issue rules and regulations necessary to carry out this chapter, subject to the Alabama Administrative Procedure Act, Chapter 22 of Title 41.
Ala. Code § 34-27B-9 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-9
Section 34-27B-9 Representation as “Respiratory Therapist,” Etc
Status: in_force

(a) A person who does not hold a license or a temporary license as a respiratory therapist or whose license or temporary license has been suspended or revoked may not do any of the following:

(1) Use in connection with the person’s practice the words “respiratory care professional,” “respiratory therapist,” “respiratory care practitioner,” “certified respiratory care practitioner,” “licensed respiratory therapist,” “inhalation therapist,” or “respiratory therapy technician”; or use the letters “R.C.P.” or “L.R.T.”; or use any other words, letters, abbreviations, or insignia indicating or implying that the person is a respiratory therapist.

(2) Directly or by implication represent in any way that the person is a respiratory therapist.

(b) A person who holds a license or a temporary license to practice respiratory therapy under this chapter may use the title “respiratory therapist” and the abbreviation “L.R.T.”
Ala. Code § 34-26-60 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-60
Section 34-26-60 Scope of Supervision; Qualifications of Supervisors
Status: in_force

(a) The scope of mandated supervision shall depend upon the specific areas of practice, experience, and training of the supervisee. Mandated supervision shall assure that an appropriate professional standard is being applied to the solution of the problem of a client, and that the laws that govern the practice of psychology and the ethics that guide the practice are understood and followed. The scope of mandated supervision may include enhancement and refinement of previously learned skills, but shall not include introductory training of a supervisee in additional skills, methods, or interventions. Supervision shall include consideration of all of the following areas:

(1) Ethical, legal, and professional standards.

(2) Technical skills and competency.

(3) The utilization of supervision by a supervisee.

(4) The ability of a supervisee to function independently or with reduced supervision.

(b) Specific supervision shall not be required for each person evaluated or treated, or for every treatment, evaluative technique, or professional activity undertaken. Supervisors shall be required to co-sign reports and other appropriate documents.

(c) A licensed psychologist shall be recognized by the board as an appropriate supervisor for a psychological technician supervisee. The board may disapprove of an otherwise qualified psychologist acting as a supervisor for any of the following reasons:

(1) Evidence that he or she is not competent or qualified to supervise a supervisee.

(2) Evidence that he or she has failed to adhere to ethical or legal standards of the profession.

(3) Evidence that there is a lack of congruence between the training, experience, and area of practice of the proposed supervisor and the proposed area of practice of the supervisee.

(4) Evidence that he or she has a license against which disciplinary or remedial action has been taken.
Ala. Code § 34-23-116 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-116
Section 34-23-116 Article Not Applicable to Certain Services
Status: in_force

This article shall not apply to any services rendered pursuant to provisions of the Alabama Medicaid Program, to the Public Education Employees’ Health Insurance Plan, or to any corporation organized under the provisions of Title 10, Chapter 4, Article 6, for establishment and operation of health care service plans.
Ala. Code § 34-35-5 — Alabama Code / Title 34 / Chapter 35 / Section 34-35-5
Section 34-35-5 Forms for License Applications, Certificates, and Renewals
Status: in_force

The tax assessor in each county shall prepare appropriate forms for license applications, license certificates, and license renewals issued under this chapter.
Ala. Code § 34-27-62 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-62
Section 34-27-62 Enforcement and Implementation of Article; Acts Constituting Misdemeanors; Voidability of Sales of Unregistered Plans, Etc
Status: in_force

(a) The Alabama Real Estate Commission shall be responsible for the enforcement and implementation of this article, and the Attorney General of the State of Alabama, or the district attorney of any county of the State of Alabama upon request by the commission, shall assist the commission in the enforcement of this article and the prosecution of violations hereunder. The provisions of this article shall not be construed to limit in any manner the right of any party to bring a private action to enforce the provisions of this article. In addition to the administrative enforcement of this article by the commission, the following shall be Class A misdemeanors triable in the courts of Alabama:

(1) It shall be a Class A misdemeanor for any person, natural or legal, while within the borders of the State of Alabama, to participate in the sale or attempted sale of any time-share plan unless licensed to do so by the commission or exempted from such licensure by the laws of the State of Alabama or the United States, regardless of whether the vacation time-sharing plan is itself located within the State of Alabama.

(2) It shall be a Class A misdemeanor for any person, natural or legal, to or attempt to, sell, lease, or otherwise market any interest in any vacation time-sharing plan not registered with the commission as a vacation time-sharing plan or exempted from such registration by the laws of the State of Alabama or the United States, regardless of whether the vacation time-sharing plan is itself located within the State of Alabama.

(b) Any time-sharing sale made in Alabama between a time-share purchaser and a seller for the purchase or lease of a time-share week or weeks in a vacation time-share plan which is not registered with the commission, or whose registration is under suspension, or which is under an order from the commission to cease and desist from sales, shall be voidable by the purchaser. An action to void such a transaction must be brought by the purchaser within three years of the date of the making of the lease or sales agreement. In any such action, the prevailing party may be awarded reasonable attorney fees as determined by the court.
Ala. Code § 34-15B-9 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-9
Section 34-15B-9 Exemptions
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010..