Ala. Code § 34-24-301.1 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-301.1
Section 34-24-301.1 Temporary License for Certain Applicants Relocated to or Stationed in State Under Official Military Orders
Status: in_force

(a)(1) The board, subject to the rules adopted by the board, may issue a temporary license to an assistant to physician applicant who is relocated to or stationed in this state under official military orders and who satisfies any of the following:

a. Is an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.

b. Is the spouse of an active duty, reserve, or transitioning member of a branch of the United States Armed Forces, including the National Guard.

c. Is the surviving spouse of a service member who, at the time of his or her death, was serving on active duty.

(2) For the purposes of this section, a transitioning service member is a member of the United States Armed Forces, including the National Guard, on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation.

(b) An assistant to physician may receive a temporary license issued under subsection (a) if he or she satisfies the requirements of subsection (a), to the satisfaction of the board, and presents evidence satisfactory to the board of all of the following:

(1) Possession of a full and unrestricted license to practice as an assistant to physician issued by the appropriate licensing board of another state, the District of Columbia, a territory of the United States, or a province of Canada.

(2) Completion of a training program accredited by the Committee on Allied Health Education and Accreditation (CAHEA), the Commission on Accreditation of Allied Health Education Programs (CAAHEP), the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA), or the Accreditation Review Committee for the Anesthesiologist Assistant (ARC-AA), or their successor agencies.

(3) Completion of the Physician Assistant National Certification Examination (PANCE) as administrated by the National Commission on Certification of Physician Assistants (NCCPA) or the National Certifying Examination for Anesthesiologist Assistants (NCEAA) as administered by the National Commission for Certification of Anesthesiologist Assistants (NCCAA).

(4) Has never been convicted, received adjudication, community supervision, or deferred disposition of any felony offense or any crime related to fraud, violence, sexual violations, or related to health care.

(5) Has never had his or her license to practice as an assistant to physician subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to the nonpayment of fees related to a license.

(6) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(7) Is not currently under investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(8) Is a United States citizen, a national of the United States, or an alien lawfully present in the United States.

(c) An assistant to physician who is issued a temporary license under this section shall apply for a license to practice as an assistant to physician pursuant to Section 34-24-297 within 12 months after the issuance of a temporary license.

(1) A temporary license issued under subsection (a) shall expire 12 months after the date of issuance if an application for a license to practice as an assistant to physician pursuant to Section 34-24-297 is not received by the board.

(2) An assistant to physician who applies for a license pursuant to Section 34-24-297 and the rules adopted by the board within 12 months after issuance of a temporary license may practice as an assistant to physician under a license issued by the board under this section until such time as the application is acted upon by the board.

(d) The board may adopt rules to implement this section and to permit the expedited processing of applications for a temporary license to practice as an assistant to physician.

(e) A temporary license shall clearly indicate that it is a temporary license for military service members or their spouses.

(f) Any assistant to physician issued a temporary license under this section shall be subject to having his or her license suspended or revoked by the board for the same causes or reasons, and in the same manner, as provided by law for other assistants to physicians licensed pursuant to this chapter.
Ala. Code § 34-5A-7 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-7
Section 34-5A-7 Expiration and Renewal of License
Status: in_force

(a) A license shall be granted for a period of two years and shall expire on December 31 in the second year. Before the expiration of a license, the license may be renewed upon submission of an application for renewal, including proof of continued certification by the certifying entity and payment of the renewal fee imposed by the department.

(b) All licenses issued pursuant to this chapter shall be subject to renewal and shall expire unless renewed in the manner prescribed by the rules adopted pursuant to this chapter and upon the payment of a renewal fee. The department may provide for a late renewal of a license upon payment of a late renewal fee if all conditions for renewal have been satisfied and upon payment of a late renewal fee. Any license which has not been renewed within two years following its expiration may not be renewed, restored, or reissued thereafter. The holder of an expired license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license.

(c) A suspended license is subject to expiration and may be renewed as provided in this section. Renewal of a suspended license does not entitle the applicant, while the license remains suspended and until it is reinstated, to engage in licensed activity or in other conduct or activity in violation of a license revoked on disciplinary grounds. Except as otherwise provided in this chapter, a licensed behavior analyst or licensed assistant behavior analyst who desires to return to the active practice of applied behavior analysis shall submit an application for reinstatement and shall pay the nonrefundable reinstatement fee and any late fee or penalty fees that may be applicable. The amount of the reinstatement fee and penalty shall be established by rule. The applicant shall meet the same requirements as are necessary for initial licensure.
Ala. Code § 34-17-26 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-26
Section 34-17-26 Reciprocity
Status: in_force

The board, subject to the provisions of this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a landscape architect license, may permit the practice of landscape architecture in this state under a landscape architect license issued under the laws of any other state or country, upon payment of the current fee established by the board, and upon submission of all of the following evidence satisfactory to the board:

(1) That the other state or country maintained a system and standard of qualifications and examinations for a landscape architect license which were substantially equivalent to those required in this state at the time the license was issued by the other state or country.

(2) That the other state or country gives similar recognition and endorsement to landscape architect licenses of this state.
Ala. Code § 34-24-537 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-537
Section 34-24-537 Default Procedures
Status: in_force

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.

(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate 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 the 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 terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

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

(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
Ala. Code § 34-24-251 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-251
Section 34-24-251 Meetings; Quorum
Status: in_force

The State Board of Podiatry shall hold meetings at such times and places as the board may designate for the discharge of all business as may legally come before the board, and may hold additional meetings, on call of the president of the board, and the president shall call such meetings on petition of a majority of the members of the board for carrying into effect the provisions of this article. The board may transact any and all business that may legally come before the board at these meetings including, but not limited to, designating times and places for the examination of applicants for licenses or certificates. The secretary-treasurer shall transact all ad interim business for the board unless otherwise specified in this article. A majority of the members of the board shall constitute a quorum for the transaction of business. Should a quorum not be present on the day appointed for any meeting, those present may adjourn from day to day until a quorum is present.
Ala. Code § 34-7B-21 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-21
Section 34-7B-21 Qualifications of Applicants for Examination or Licensure - Manicurist
Status: in_force

(a) No person may be admitted to an examination or licensed as a manicurist unless he or she satisfies all of the following qualifications:

(1) Is at least 16 years old.

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

(3) a. Has successfully completed at least 750 clock hours of manicure instruction in a school licensed or registered under the provisions of this chapter or on courses reported in credit hours. Credit hour programs must be reviewed and approved by the board as satisfying licensure requirements.

b. In lieu of the requirements in paragraph a., has completed 1,200 hours under the immediate supervision of a manicurist continuously licensed under the provisions of this chapter for at least five years before applying for an apprentice, over a period of two years not exceeding eight hours a day or 48 hours a week.

(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes any applicable examination, and pays the license fee shall be issued a manicurist license.
Ala. Code § 34-22-108 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-108
Section 34-22-108 Liability
Status: in_force

(a) Notwithstanding any other provision of law, the board, board members, board committees, board committee members, and employees and agents of the board shall not be held liable in damages to any person in connection with acts or omissions within the scope of their responsibilities pursuant to this article.

(b) No person who in good faith and without malice makes a report pursuant to this article to the board shall be liable for damages to any person.
Ala. Code § 34-30-107 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-107
Section 34-30-107 Military Families
Status: in_force

An active military member or his or her spouse shall designate a home state where the individual has a multistate license. The individual may retain his or her home state designation during the period the service member is on active duty.
Ala. Code § 34-28A-73 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-73
Section 34-28A-73 Binding Effect of Compact and Other Laws
Status: in_force

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

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

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

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

(e) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Ala. Code § 34-36-3 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-3
Section 34-36-3 Definitions
Status: in_force

The following terms shall have the meanings respectively ascribed to them used in this chapter, for the purposes of this chapter, unless the context clearly requires a different meaning:

(1) BOARD. The Alabama Board of Electrical Contractors.

(2) DIRECTOR. The Executive Director of the Alabama Board of Electrical Contractors.

(3) ELECTRICAL CONTRACTING. Any job or project in the State of Alabama wherein the electrical contractor proposes to bid, install, maintain, alter, or repair any electric wiring devices or equipment.

(4) ELECTRICAL CONTRACTOR. Any person, firm, or corporation who is engaged in the business of soliciting and installing electrical power or control systems; maintaining, altering, or repairing electrical power or control systems, any electrical wiring devices, equipment, or any other electrical apparatus. A person who possesses the necessary qualifications, training, and technical knowledge to plan, lay out, and supervise the installation of electrical wiring, apparatus, or equipment for lighting, heating, power, or controls and who possesses any of the following qualifications:

a. Four years of practical experience as a journeyman electrician in charge of jobs.

b. Four years of experience in the design and construction of electrical systems.

(5) JOURNEYMAN ELECTRICIAN. A person who possesses necessary qualifications, training, and technical knowledge to install electrical wiring, apparatus, or equipment lighting, heating, or power or control covered by this chapter. He or she shall work under a master or state certified electrical contractor and shall be capable of doing work according to plans and specifications furnished to him or her and in accordance with standard rules and regulations governing such work.

(6) LICENSE. A valid and current certificate of registration issued by the director on behalf of the board which shall give the named person to whom it is issued authority to engage in the activity prescribed thereon.

(7) LICENSEE. Any person holding a license.

(8) PERSON. A human person, not a legal entity.
Ala. Code § 34-21-80 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-80
Section 34-21-80 Declaration of Legislature
Status: in_force

The Legislature of the State of Alabama declares that the recognition and regulation of all areas of advanced practice nursing and the collaborative practices between licensed physicians and certified registered nurse practitioners and certified nurse midwives are essential to protect and maintain the public health and safety.
Ala. Code § 34-29-81 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-81
Section 34-29-81 Relicensing and Reinstatement
Status: in_force

Any person whose license is suspended or revoked by the board may be relicensed or reinstated at any time without an examination by a majority vote of the board on written application made to the board showing cause justifying relicensing and reinstatement pursuant to the administrative code of the board.
Ala. Code § 34-30-50 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-50
Section 34-30-50 Creation; Composition
Status: in_force

(a) There is created an Alabama Board of Social Work Examiners, which shall consist of seven members who are citizens of this state and appointed by the Governor. No person shall be excluded from serving on the board by reason of race, sex, or national origin. Four members shall be “licensed certified social workers” under the provisions of this chapter, who have rendered service, education, or research in social work. Two members shall be “licensed graduate social workers” under the provisions of this chapter, who shall have rendered service, education, or research in social work. One member shall be a “licensed bachelor social worker” under the provisions of this chapter who has rendered service, education, or research in social work. Initial members shall be persons eligible for licensing as provided by this chapter. Members shall be appointed within 90 days after May 23, 1977, from a list of names of qualified persons submitted by any interested parties. The Governor may request the submission of additional names.

(b) After March 20, 1992, successor members of the board shall be appointed by the Governor as provided in this subsection. At least one position on the board shall be represented by a person who is a member of a minority race. Within 30 days following the expiration of a term or terms of office, the board shall notify each licensee in writing of the vacancy and shall solicit the nomination of not more than five licensed certified social workers, licensed graduate social workers, or licensed bachelor social workers, as the case may be, for consideration for each position to be filled. The board shall certify the names of not more than three persons receiving the highest number of nominations for each position to the Governor. The Governor shall appoint one of the nominated persons for the position or positions within 30 days following receipt of the list. If the Governor fails to make the appointment within the 30-day period, the person for each position receiving the highest number of nominations shall become the successor board member for that respective position. The first successor member appointed after March 20, 1992, shall be a member of a minority race who meets all other qualifications of this article. Beginning with the seventh appointment following March 20, 1992, not more than one member from any United States Congressional District, as those districts exist as of March 20, 1992, shall be appointed to serve at the same time.

(c) Any other provision of law notwithstanding, successors to the three terms that expire in October 2004 shall be appointed as follows: Two members shall be appointed for terms of two years and one member shall be appointed for a term of three years, with all terms expiring on September 30 of the final year of the term. Any other provision of law notwithstanding, successors to the four terms that expire in December 2005 shall be appointed as follows: One member shall be appointed for a term of two years and three members shall be appointed for terms of three years, with all terms expiring on September 30 of the final year of the term. Thereafter, subsequent appointments shall be for a term of three years, expiring on September 30 of the final year of the term. Each member shall hold office until his or her successor is appointed and assumes office. A two-year appointment to fill an expired term pursuant to this subsection shall be considered a consecutive term of office for determining the two consecutive terms of office limitation provided in Section 34-30-51. Any vacancy occurring other than by expiration of a term shall be filled for the remainder of the unexpired term by appointment of the Governor. An appointment to fill an unexpired term may not be considered a consecutive term of office for determining the two consecutive terms of office limitation provided in Section 34-30-51.
Ala. Code § 34-21-122 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-122
Section 34-21-122 General Provisions and Jurisdiction
Status: in_force

(a) A multistate license to practice registered or licensed practical nursing issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical nurse, under a multistate licensure privilege, in each party state.

(b) A state shall implement procedures for considering the criminal history records of applicants for initial multistate licensure or licensure by endorsement. The procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining the criminal history record information of an applicant from the Federal Bureau of Investigation and the agency responsible for retaining the criminal records of that state.

(c) Each party state shall require an applicant to satisfy all of the following to obtain or retain a multistate license in his or her home state:

(1) Satisfies the qualifications for licensure or renewal of licensure of the home state, as well as all other applicable state laws.

(2) Satisfies either of the following:

a. Has graduated or is eligible to graduate from a licensing board-approved registered nurse or licensed practical nurse prelicensure education program.

b. Has graduated from a foreign registered nurse or licensed practical nurse prelicensure education program that (i) has been approved by the authorized accrediting body in the applicable country and (ii) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program.

(3) Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the native language of the applicant, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.

(4) Has successfully passed an NCLEX-RN or NCLEX-PN Examination, or recognized predecessor examination, as applicable.

(5) Is eligible for or holds an active, unencumbered license.

(6) Has submitted, in connection with an application for initial multistate licensure or licensure by endorsement, fingerprints, or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining the criminal records of that state.

(7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.

(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.

(9) Is not currently enrolled in an alternative program.

(10) Is subject to self-disclosure requirements regarding current participation in an alternative program.

(11) Has a valid United States Social Security number.

(d) A party state, in accordance with existing state due process law, may take adverse action against the multistate licensure privilege of a nurse including revocation, suspension, probation, or any other action that affects the authorization of the nurse to practice under a multistate licensure privilege, including a cease and desist action. If a party state takes adverse action, the state shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any adverse action by a remote state.

(e) A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, and shall include all nursing practice as defined by the practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege shall subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

(f) Individuals not residing in a party state shall continue to be able to apply for a single state license in a party state as provided under the laws of the party state. A single state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single state license.

(g) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by his or her then-current home state, provided that:

(1) A nurse, who changes his or her primary state of residence after the effective date of this compact, shall satisfy all applicable requirements of this section to obtain a multistate license from a new home state.

(2) A nurse who fails to satisfy the multistate licensure requirements in this section due to a disqualifying event occurring after the effective date of this compact shall be ineligible to retain or renew a multistate license, and the multistate license of that nurse shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators.
Ala. Code § 34-13-122 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-122
Section 34-13-122 Disposition of Cremated Remains
Status: in_force

(a) The authorizing agent shall provide a signed statement to the funeral establishment handling the cremation arrangements specifying the ultimate disposition of the cremated remains. A copy of this statement shall be retained by the funeral establishment for a period of five years.

(b) Cremated remains shall be shipped only by a method that has an internal tracing system available and that provides a receipt signed by the person accepting delivery.

(c) The authorizing agent is responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains may dispose of the cremated remains in a dignified and humane manner and in accordance with any state, county, or municipal laws or provisions regarding the disposal of cremated remains. For purposes of this section, a dignified and humane manner of disposition includes, but is not limited to, placement in an appropriate mausoleum, crypt, vault, columbarium niche, or inground site. A record of this disposition shall be maintained by the entity making the disposition for a period of five years . Upon disposing of cremated remains in accordance with this section, the funeral establishment or entity in possession of the cremated remains shall be discharged from any legal obligation or liability concerning the cremated remains.

(d) Before the disposition of unclaimed cremated remains, the funeral establishment shall use best efforts to determine whether the remains belong to a United States military veteran who is eligible for burial in a veterans cemetery. For this purpose, the funeral establishment is authorized to disclose identifying information to the United States Department of Veterans Affairs, the Alabama Department of Veterans Affairs, or to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.

(e) The remains of an eligible veteran may be transported to a state or national veterans cemetery for interment or released for interment to a veterans service organization or a nonprofit organization approved by the Alabama Department of Veterans Affairs.
Ala. Code § 34-1A-3 — Alabama Code / Title 34 / Chapter 1A / Section 34-1A-3
Section 34-1A-3 Powers of Board
Status: in_force

The board shall have all of the following powers:

(1) License and regulate individuals and business entities who hold themselves out as engaging in the business of alarm system, CCTV, or electronic access control system installation or service, as a locksmith, or as an alarm monitoring company.

(2) Establish the qualifications for licensure to ensure competency and integrity to engage in these businesses and allow graduates of technical school or community college programs in related fields to qualify. Qualifications for licensure shall include the requirement that the applicant is a United States citizen or legally present in this state.

(3) Examine, or cause to be examined, the qualifications of each applicant for licensure including the preparation, administration, and grading of examinations, and when necessary, requiring the applicant to supply a board approved criminal background check. A nonresident who is not physically working in the state, located more than 100 miles from the nearest state border, and whose duties are limited to administrative employee or monitoring station is exempt from the requirement of a criminal background check.

(4) License qualified applicants regulated by the board. Licensing of a qualified applicant should be completed within six calendar weeks after the board receives all required paperwork from the applicant. This time frame may be extended during annual renewal.

(5) Revoke, suspend, or fail to renew a license for just cause as provided in the rules of the board.

(6) Levy and collect reasonable fees for licensure including, but not limited to, the application process and testing of applicants, and renewal, suspension, and reissuance of licenses, and costs of necessary hearings, that are sufficient to cover all expenses for the administration and operation of the board.

(7) Levy and collect administrative fines for violation of the board’s Code of Ethics, noncompliance with this chapter including, but not limited to, unlicensed activity and unethical or fraudulent behavior, and collect the costs of necessary hearings pursuant to the Alabama Administrative Procedure Act. The board may collect fines imposed by a court of competent jurisdiction. The board may file a civil action to collect all fines.

(8) Adopt rules in accordance with the Alabama Administrative Procedure Act necessary to perform board duties, to ensure continued competency, to prevent deceptive, misleading, or criminal practices by board licensees, and to effectively administer the regulatory system administered by the board.

(9) Register or by other means monitor employees of a licensee to ensure the employees do not impair the ability of the licensee to satisfy the requirements of this chapter.

(10) Receive and investigate complaints concerning the conduct of any individual or business entity whose activities are regulated by the board, conduct hearings in accordance with procedures established by the board pursuant to the Alabama Administrative Procedure Act, and take appropriate disciplinary action if warranted.

(11) Ensure that periodic inspections are conducted relating to the operations of licensees to ensure competency and lawful compliance.

(12) Require the purchase of comprehensive liability insurance related to business activities in a minimum specified amount.

(13) Require licensees and employees of licensees to have visible on their person a photo identification card issued by the board at all times when providing licensed services.

(14) Adopt canons of ethics under which the regulated professional activities of individuals and business entities shall be conducted.

(15) Employ or contract for necessary personnel, including an executive director, and provide necessary offices, supplies, and equipment to fulfill the requirements of this chapter.

(16) Delegate board powers and duties by resolution to a named designee.

(17) Enter into contracts and expend funds of the board to fulfill the requirements of this chapter.

(18) Borrow money for the initial start-up operation of the board until sufficient receipts are paid into the special revenue trust fund specified in Section 34-1A-9.

(19) Work with the Office of the Attorney General and other law enforcement agencies to prohibit any violation of this chapter.

(20) Establish volunteer procedures for those individuals or business entities that are exempt from this chapter.

(21) Conduct inspections relating to the operations of unlicensed individuals , firms, or corporations to include the solicitation, installation, servicing, monitoring of burglar alarm systems, locking systems, or mechanisms, the holding of privacy codes for burglar alarm systems of a customer, or the selling, installation, or servicing of access control systems or CCTV to or for a customer to ensure lawful compliance with this chapter.

(22) Issue a cease and desist order to any unlicensed individual, company, corporation, firm, or business entity engaged in any activity, conduct, or practice constituting a violation of this chapter or rule adopted by the board pursuant to this chapter.
Ala. Code § 34-23-8.1 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-8.1
Section 34-23-8.1 Substitution of Certain Biological Products; Notice
Status: in_force

(a) No person shall dispense or cause to be dispensed a different biological or brand of biological product in lieu of that ordered or prescribed without the express permission in each case of the person ordering or prescribing the drug, except as provided in this section.

(b) A licensed pharmacist in this state shall be permitted to select for the brand name biological product prescribed by a licensed physician or other practitioner who is located in this state and authorized by law to write prescriptions, hereinafter referred to as “practitioner,” a less expensive interchangeable biological product in all cases where the practitioner expressly authorizes the selection in accordance with subsection (d).

(c) A licensed pharmacist located in this state may select for the brand name biological product prescribed by a practitioner who is located in another state or licensing jurisdiction and who is authorized by the laws of that state or jurisdiction to write prescriptions, a less expensive interchangeable biological product, in all cases where the out-of-state licensed physician or other practitioner does not expressly prohibit a substitution.

(d)(1) Every written prescription for a biological product issued in this state by a licensed practitioner shall contain two signature lines. One line shall indicate if the brand is meant to be dispensed, and the other shall indicate if a product selection is permitted. The practitioner shall communicate instructions to the pharmacist by signing on the appropriate line.

(2) An oral or electronic prescription, including an e-fax, from the practitioner for a biological product shall instruct the pharmacist whether or not a less expensive interchangeable biological product may be dispensed. The pharmacist shall note instructions on the file copy of the prescription and retain the prescription form for the period specified by law.

(e) The State Board of Pharmacy may not adopt any rule affecting the subject matter of this section.

(f) When a pharmacist dispenses an interchangeable biological product for the prescribed biological product, the pharmacist, or his or her designee, shall inform the patient or patient’s designee prior to dispensing the interchangeable biological product.

(g)(1) Within 24 hours, not counting the hours of Sunday or recognized federal holidays, a pharmacist, or the designee of the pharmacist, who dispenses a different biological product than that ordered or prescribed shall inform the prescribing physician that a different biological product was substituted for the biological product prescribed and provide the name and manufacturer of the biological product dispensed. The notice to the prescribing physician or other practitioner shall be by any of the following:

a. Electronic message sent to the electronic prescribing system used by the prescribing physician or other practitioner to transmit the prescription to the pharmacy.

b. Telephone.

c. Facsimile.

(2) In any instance where the prescribing practitioner indicates for a pharmacist to communicate using a specific notification method listed in subdivision (1), the pharmacist shall utilize that method of communication. A voicemail left for the prescribing physician or other practitioner at the telephone number provided to the pharmacist or his or her designee shall constitute notice under this section.

(h) A pharmacist, or his or her designee, shall record on the prescription form the name and manufacturer or distributor of any drug product, or the name and manufacturer of any biological product, dispensed as authorized in this section.

(i) Notice to the prescribing physician is not required if a refill prescription is not changed from the product dispensed on the immediately prior filling of the prescription.

(j) Unless otherwise indicated by the practitioner, the prescription label on the dispensing container shall indicate the actual biological product dispensed, either the brand name, or if none, the name of the biosimilar biologic product as referred to by the federal Food and Drug Administration’s Lists of Licensed Biological Products With Reference Product Exclusivity and Biosimilarity of Interchangeability Evaluations (Purple Book), and the name of the manufacturer or a reasonable abbreviation of the name of the manufacturer.

(k) The board may maintain a link on its website to the current list of all biological products that the federal Food and Drug Administration has licensed and meets the standards for “interchangeability” pursuant to 42 U.S.C. §262(k).

(l) Notwithstanding any other provision of this section, a pharmacist may not substitute an interchangeable biologic medication for a biologic medication prescribed to a Medicaid recipient if the Medicaid Agency has determined the prescribed biologic is lower in net cost to the Medicaid Agency after rebates.

(m) This section is intended and shall be construed to apply only to biological drug products.
Ala. Code § 34-21-81 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-81
Section 34-21-81 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) ADVANCED PRACTICE NURSE. A registered nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education that prepares nurses for advanced practice roles and has been certified by the Board of Nursing to engage in the practice of advanced practice nursing. There shall be four categories of advanced practice nurses: Certified registered nurse practitioners (CRNP), certified nurse midwives (CNM), certified registered nurse anesthetists (CRNA), and clinical nurse specialists (CNS). Certified registered nurse practitioners and certified nurse midwives are subject to collaborative practice agreements with an Alabama physician. Certified registered nurse anesthetists and clinical nurse specialists are not subject to collaborative practice agreements with an Alabama physician and are not subject to the requirements of Sections 34-21-82, 34-21-83, and 34-21-85 to 34-21-92, inclusive, and are prohibited from engaging in any of the acts or functions of a certified registered nurse practitioner (CRNP) or a certified nurse midwife (CNM) as established by this article and rules adopted under this article.

(2) ADVANCED PRACTICE NURSING. The delivery of health care services by registered nurses who have gained additional knowledge and skills through successful completion of an organized program of nursing education that prepares nurses for advanced practice roles as certified registered nurse practitioners, certified nurse midwives, certified nurse anesthetists, and clinical nurse specialists:

a. Practice as a certified registered nurse practitioner (CRNP) means the performance of nursing skills by a registered nurse who has demonstrated by certification that he or she has advanced knowledge and skills in the delivery of nursing services within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the client.

b. Practice as a certified nurse midwife (CNM) means the performance of nursing skills by a registered nurse who has demonstrated by certification that he or she has advanced knowledge and skills relative to the management of women’s health care focusing on pregnancy, childbirth, the postpartum period, care of the newborn, family planning, and gynecological needs of women, within a health care system that provides for consultation, collaborative management, or referral as indicated by the health status of the client.

c. Practice as a certified registered nurse anesthetist (CRNA) means the performance of or the assistance in any act involving the determination, preparation, administration, procedural ordering, or monitoring of any drug used to render an individual insensible to pain for surgical and other therapeutic or diagnostic procedures. The nurse anesthetist is qualified in accordance with Section 27-46-3 and is licensed by the Board of Nursing and functions under the direction of or in coordination with a physician licensed to practice medicine, a podiatrist, or a dentist, who is immediately available. Nothing in this paragraph shall be construed to restrict the authority of a health care facility to adopt policies relating to the provision of anesthesia and analgesia services.

d. Practice of clinical nurse specialist (CNS) nursing means the performance of nursing skills by a registered nurse who, through study and supervised practice at the graduate level and as evidenced by certification, has advanced knowledge and practice skills in a specialized area of practice, except that a clinical nurse specialist may not do any of the following:

1. Perform delegated medical acts or engage in collaborative practice as described in this article.

2. Perform any of the functions of a certified registered nurse practitioner or a certified nurse midwife as described in this article and the rules adopted under this article, whether or not performed within a collaborative practice relationship.

3. Prescribe drugs of any type. A clinical nurse specialist may perform nursing services permitted under this subdivision as an independent contractor.

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

(4) BOARD OF NURSING. The Board of Nursing established under Section 34-21-2.

(5) COLLABORATION. A formal relationship between one or more certified registered nurse practitioners and certified nurse midwives and a physician or physicians under which these nurses may engage in advanced practice nursing as evidenced by written protocols approved in accordance with the requirements of this article or exempted in accordance with requirements of this article. The term collaboration does not require direct, on-site supervision of the activities of a certified registered nurse practitioner or a certified nurse midwife by the collaborating physician. The term does require such professional oversight and direction as may be required by the rules of the State Board of Medical Examiners and the Board of Nursing.

(6) COORDINATION WITH. When an anesthesiologist is not physically present, the working relationship between a physician, a podiatrist, or a dentist and a certified registered nurse anesthetist licensed to practice in this state. Each contributes his or her respective expertise in the provision of patient care, which includes the discussion of patient treatment, diagnosis, and consultation.

(7) JOINT COMMITTEE OF THE STATE BOARD OF MEDICAL EXAMINERS AND THE BOARD OF NURSING FOR ADVANCED PRACTICE NURSES. The Joint Committee of the State Board of Medical Examiners and the Board of Nursing for Advanced Practice Nurses shall mean and shall be a committee composed of all of the following:

a. Two physicians licensed to practice medicine in this state.

b. One licensed physician engaged in a collaborative practice with a certified registered nurse practitioner or a certified nurse midwife in this state.

c. Two certified registered nurse practitioners engaged in an active collaborative practice with a physician in this state.

d. One certified nurse midwife engaged in an active collaborative practice with a physician in this state.

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

(9) PHYSICIAN or COLLABORATING PHYSICIAN. A doctor of medicine or a doctor of osteopathy licensed to practice medicine in Alabama who agrees in writing to practice in collaboration with one or more certified registered nurse practitioners or certified nurse midwives in accordance with the rules adopted by the State Board of Medical Examiners and the Board of Nursing.

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

(11) PRESCRIPTION. An order for a legend drug which is written and signed by a practitioner authorized by law to prescribe and administer such drugs and which is intended to be filled, compounded, or dispensed by a pharmacist.

(12) PROCEDURAL ORDERING. The ordering of the anesthesia plan, including the ordering of medications and tests before, during, or after analgesia or anesthesia in accordance with the anesthesia plan.

(13) PROTOCOL. A document approved in accordance with Section 34-21-87 establishing the permissible functions and activities to be performed by certified registered nurse practitioners and certified nurse midwives and signed by collaborating physicians and any nurse practitioners or nurse midwives practicing with those physicians.
Ala. Code § 34-25-22 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-22
Section 34-25-22 Applications for Original License; Background Checks; Disclosure of Information
Status: in_force

(a) Applications for original license shall be made to the board in writing under oath on forms prescribed by the board and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of the board will enable it to pass on the qualifications of the applicant for a license.

(b) An applicant shall provide the board with two complete sets of fingerprints to be sent to the State Bureau of Investigations to conduct a criminal history background check. The State Bureau of Investigations shall forward a copy of the applicant’s prints to the Federal Bureau of Investigation for a national criminal background check.

(c) The request to the board shall contain the following information:

(1) Two complete functional sets of fingerprints, either cards or electronic, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques.

(2) Written consent from the applicant for the release of criminal history background information to the board.

(d) The applicant shall pay all costs associated with the background checks required by this section.

(e) The board shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a license in this state may be disclosed as may be necessary to support the denial or when subpoenaed from a court.
Ala. Code § 34-26-21 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-21
Section 34-26-21 Composition; Powers and Duties; Psychological Technician; Oath; Meetings
Status: in_force

(a)(1) There is created the Alabama Board of Examiners in Psychology to consist of eight persons who are residents of this state, who shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state, and who shall be appointed by the Governor as follows:

a. One member shall be a member of the faculty of an accredited college or university in the state with the rank of assistant professor or above who is primarily engaged in teaching, research, or administration of psychology and is a psychologist licensed under this chapter.

b. Five members shall be psychologists licensed under this chapter.

c. One member shall be a psychological technician licensed under this chapter.

d. One member shall be a member of the general public.

(2) The board shall perform those duties and exercise those powers prescribed in this chapter. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his or her duty pursuant to this chapter. Vacancies shall be filled for any unexpired term, and members shall serve until their successors are appointed and have qualified.

In nominating candidates to fill vacancies on the board, nominating authorities shall coordinate their appointments to assure board membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation.

(3) Board members shall not serve more than two consecutive terms of office. Not later than October 1 of each year the executive council of the Alabama Psychological Association, or of its successor organization, shall submit to the Governor the names of two qualified candidates for the position of the board to be vacated by reason of expiration of term of office. From the two candidates the Governor shall appoint one member not later than January 1 to serve on the board for a term of five years. With the exception of the member appointed from the general public, other vacancies occurring in the board shall be filled for the unexpired term by appointment of the Governor from two qualified candidates for each vacancy submitted within 30 days after the vacancy occurs by the executive council of the association, or by its successor organization. Those appointments shall be made by the Governor within 30 days after the candidates’ names have been submitted. If the association, or its successor organization, fails to furnish the Governor with the list of persons eligible for appointment to the board, the Governor shall appoint any qualified members of the profession of psychology to the vacant position on the board.

(b) The Governor shall appoint, for a five-year term of office, a member of the general public who is a resident of Alabama not licensed by the board, and whose spouse, if married, is not licensed by the board. Vacancies for unexpired terms of the general public member shall be filled by the Governor. Successor public members shall be appointed by the Governor.

(c) To fill the psychological technician position on the board, the Executive Council of the Alabama Psychological Association, or its successor organization, shall select two names to be submitted to the Governor by October 1 prior to the expiration of the term. On or before the immediately following January 1, the Governor shall appoint one of the two names submitted to serve in the psychological technician position on the board for a term of five years.

(d) Any board members may be removed by the Governor after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude.

(e) Immediately before entering public duties of the office, the members of the board shall take the constitutional oath of office and shall file the oath in the Office of the Governor, who upon receiving the oath shall issue to each member a certificate of appointment. The board shall have available for the Governor or his or her representative detailed reports on proceedings and shall make annual reports in the form required by the Governor.

(f) The board shall elect annually a chair and vice-chair. Each member shall receive the same per diem and travel allowance paid to state employees for each day’s attendance at an official meeting of the board. The board shall hold at least one regular meeting each year. Additional meetings may be held at the discretion of the chair or at the written request of any two members of the board. The board shall adopt a seal which shall be affixed to all licenses issued by the board. The board shall from time to time adopt rules and regulations necessary for the performance of its duties. Four members of the board shall constitute a quorum. The board may hire any assistants necessary to carry on its activities within the limit of funds available to the board. The board may accept grants from foundations, individuals, and institutions to carry on its functions.
Ala. Code § 34-14A-83 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-83
Section 34-14A-83 Powers and Duties of Council
Status: in_force

At the direction of the board, the council may perform any of the following:

(1) Propose to the board for consideration of adoption of an Alabama Residential Building Code and Alabama Residential Energy Code or amendments to the codes.

(2) Evaluate, assess, advise, and counsel the division on the Alabama Residential Building Code and Alabama Residential Energy Code and the impact of the codes upon the economy and the environment.

(3) Solicit and enlist the cooperation of all appropriate private-sector and community-based organizations to implement this article.

(4) Make continuing studies, evaluations, and surveys, upon the request of the board, of the needs and impacts of the Alabama Residential Building Code and Alabama Residential Energy Code.

(5) Adopt rules for the conduct of the council meetings, procedures, and execution of the purpose, functions, powers, and duties delegated to it by this section.

(6) Conduct a program of public information in order to inform the units of local government, residential home builders, and the residents of the state on the importance of the residential building and energy codes.

(7) The council shall work with the state energy office to review applicable federal regulations regarding the residential energy codes and any amendments thereto, and upon notification of any applicable federal regulation or law, consider and review the most recent published version of the Alabama Residential Building Code and Alabama Residential Energy Code.
Ala. Code § 34-11-32 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-32
Section 34-11-32 Compensation and Expenses
Status: in_force

Each member of the board shall be entitled to the maximum allowable per diem set by the board when actually attending to the work of the board or any of its committees and for the time spent in necessary travel and shall be reimbursed for traveling expenses as provided in Article 2 of Chapter 7 of Title 36, and incidental and clerical expenses necessarily incurred in carrying out this chapter.
Ala. Code § 34-7-9 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-9
Section 34-7-9 Conduct and Contents of Examinations Generally; Temporary Permits for Persons Failing Examination First Time; Additional Training Required After Second Failure
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-21-94 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-94
Section 34-21-94 Loan Repayment Program Established
Status: in_force

There is hereby created and established the Alabama Loan-Repayment Program for Advanced-Practice Nursing. The program shall be administered by the Alabama Board of Nursing. The Loan Repayment Program shall be funded by direct appropriation from the Education Trust Fund.
Ala. Code § 34-15B-6 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-6
Section 34-15B-6 Qualification for Certificate of Registration
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-24-530 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-530
Section 34-24-530 Interstate Medical Licensure Compact Commission
Status: in_force

(a) The member states hereby create the Interstate Medical Licensure Compact Commission.

(b) The purpose of the interstate commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.

(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.

(d) The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be:

(1) An allopathic or osteopathic physician appointed to a member board;

(2) An executive director, executive secretary, or similar executive of a member board; or

(3) A member of the public appointed to a member board.

(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

(g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).

(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practices and procedures of the interstate commission;

(2) Discuss matters specifically exempted from disclosure by federal statute;

(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Discuss investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.

(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.

(l) The interstate commission may establish other committees for governance and administration of the compact.
Ala. Code § 34-23-130 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-130
Section 34-23-130 Definitions
Status: in_force

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

(1) PHARMACY FUNCTIONS. Those functions performed in a pharmacy department which do not require the professional judgment of a licensed pharmacist.

(2) PHARMACY TECHNICIAN. An individual, other than an intern, extern, or an assistant pharmacist, who performs pharmacy functions under the direct supervision of a licensed pharmacist.

(3) SUPERVISION. The direct on-site overseeing of the performance of assigned or delegated duties or functions.
Ala. Code § 34-25B-12 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-12
Section 34-25B-12 Qualifications
Status: in_force

Each individual applicant for a license as a private investigator shall meet all of the following criteria:

(1) Is at least 21 years of age.

(2) Has successfully completed a criminal history background check based on criteria established by the board.

(3) Has not been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease unless a court of competent jurisdiction has subsequently declared the applicant competent.

(4) Has not been convicted of a crime of moral turpitude, with the board having the final determination on the interpretation of moral turpitude.

(5) Has not been convicted of a felony crime.

(6) Has passed an examination administered by the board designed to measure knowledge and competence in the investigation field and in state civil and criminal privacy laws.

(7) Has a minimum of two years’ experience, education, or training, or a combination thereof, including 120 hours of practical field experience directly related to private investigation, in any of the following areas:

a. Special investigations, consisting of special investigative experience in insurance, fire or arson, banking, legal, or similar setting, or other special investigatory experience as determined suitable by the board.

b. Law enforcement, consisting of experience as a sworn law enforcement officer, investigative experience as a detective or investigator at the federal, state, or local level, or other investigative experience as determined suitable by the board.

c. Education, consisting of a minimum of a two-year degree in a field of study directly related to private investigation including, but not limited to, criminal justice, political science, criminology, or law enforcement.

d. Internship, consisting of successful completion of a private investigator apprenticeship pursuant to Section 34-25B-12.1.
Ala. Code § 34-36-17 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-17
Section 34-36-17 Funding
Status: in_force

There is hereby established a separate fund in the State Treasury to be known as the Alabama Board of Electrical Contractors Fund. All money derived under the provisions of this chapter shall be deposited in this fund and used only to carry out the provisions of this chapter. Such fund shall be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the director of the board; provided, that no funds shall be withdrawn or expended except as budgeted and allotted according to the provisions of Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12, and only in amounts as stipulated in the general appropriation or other appropriation bills. Any funds unspent and unencumbered at the end of any state fiscal year in excess of one hundred thousand dollars ($100,000) shall be transferred into the State General Fund on or before January 15 of the succeeding year. In addition, there is hereby appropriated from the Alabama Board of Electrical Contractors Fund to the Alabama Board of Electrical Contractors the amount necessary to repay the State General Fund for any and all amounts expended therefrom and such repayment to the State General Fund shall be made as soon as funds are available.
Ala. Code § 34-2-32 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-32
Section 34-2-32 Registered Architect’s Services Required; Employees; Exemptions; Interprofessional Privileges Between Architects and Professional Engineers
Status: in_force

(a) Nothing contained in this chapter shall prevent:

(1) Employees of registered architects from acting under the instructions or responsible control of their employers; or,

(2) The employment of on-site observers of the construction or alteration of buildings.

(b) No person shall be required to register as an architect in order to make plans and specifications for or administer the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, irrespective of the cost of such building, or any single family residence building or any utility works, structures, or building, provided that the person performing such architectural works is employed by an electric, gas, or telephone public utility regulated pursuant to the laws of Alabama or by a corporation affiliated with such utility, or of any other type building which has a total area of less than 2,500 square feet provided it is not intended for use as a school, church, auditorium, or other building intended for the assembly occupancy of people.

(c) The services of a registered architect shall be required on all buildings except those hereinabove exempted and no official of this state or of any city, town, or county herein charged with the enforcement of laws, ordinances, or regulations relating to the construction or alteration of buildings, shall accept or approve any plans or specifications that are not so prepared.

(d) Nothing in this chapter shall prevent registered professional engineers or their employees or subordinates under their responsible control from performing architectural services incidental to their engineering practice. Nothing in this chapter shall prevent registered architects or their employees or subordinates under their responsible control from performing engineering services incidental to their architectural practice.

No professional engineer shall practice architecture or use the designation architect or any terms derived therefrom unless that individual is registered pursuant to this chapter. No architect shall practice professional engineering or use the term engineer or any term derived therefrom unless that individual is also qualified and registered as an engineer.
Ala. Code § 34-17-5 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-5
Section 34-17-5 Grounds for Disciplinary Actions
Status: in_force

(a) Each of the following facts shall constitute a ground for disciplinary action:

(1) That the holder of a certificate of registration is practicing in violation of this chapter or the rules of the board.

(2) That the holder of a certificate has obtained the certificate by fraud or misrepresentation, or that the person named in the certificate has obtained it by fraud or misrepresentation.

(3) That the holder of a certificate is impersonating a landscape architect or former landscape architect of the same or similar name, or is practicing under an assumed, fictitious, or corporate name.

(4) That the holder of a certificate has aided or abetted in the practice of landscape architecture any person not authorized to practice landscape architecture under this chapter.

(5) That, in the practice of landscape architecture, the holder of a certificate has been found guilty of fraud or deceit.

(6) That, in the practice of landscape architecture, the holder of a certificate has been found guilty of negligence or willful misconduct.

(7) That the holder of a certificate has been found guilty of gross incompetence.

(8) That the holder of a certificate has affixed his or her signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction or has permitted his or her name to be used for the purpose of assisting any person, not a landscape architect, to evade this chapter.

(b) For violations of subsection (a), or for violations of this chapter, or for violations of board rules, the board shall have the following disciplinary powers:

(1) To reprimand a board licensee.

(2) To levy an administrative fine against a licensee of the board not to exceed two thousand five hundred dollars ($2,500) per violation.

(3) To refuse to issue a certificate to an applicant of the board.

(4) To suspend a licensee’s certificate for a definite period of time.

(5) To revoke the certificate of a licensee.

(c) The board, by rule, shall adopt a disciplinary code.
Ala. Code § 34-30-105 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-105
Section 34-30-105 Authority of the Commission and Member State Licensing Authorities
Status: in_force

(a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws or rules related to the practice of social work in that state, where those laws or rules are not inconsistent with this compact.

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

(c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.

(d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s multistate authorization to practice in that state.

(e) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s multistate license based upon information provided by a remote state.
Ala. Code § 34-22-85 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-85
Section 34-22-85 Exceptions
Status: in_force

(a) A licensed optometrist, who is not licensed in Alabama pursuant to Section 34-22-20 or Section 34-22-21, who utilizes telemedicine across state lines in an emergency, as defined by the board, is not subject to the requirements of this article.

(b) A provider that is contacted in an emergency is not subject to the notice and security provisions of this article, but is subject to those provisions should any nonemergency care continue with the patient.
Ala. Code § 34-17A-23 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-23
Section 34-17A-23 Therapists - Duties and Liability
Status: in_force

(a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a licensed marriage and family therapist in failing to predict and warn of and protect from a patient’s violent behavior except where the patient has communicated to the marriage and family therapist a serious threat of physical violence against a reasonably identifiable victim or victims.

(b) The duty to warn of or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstance specified in subsection (a). The duty shall be discharged by the marriage and family therapist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.

(c) No monetary liability and no cause of action may arise under this chapter against any person who is a licensed marriage and family therapist under this chapter for confidences disclosed to third parties in an effort to discharge duty arising pursuant to subsection (a) according to subsection (b).
Ala. Code § 34-5A-6 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-6
Section 34-5A-6 Reciprocity
Status: in_force

The department shall issue a license to an individual who is actively licensed as a behavior analyst in another state that currently imposes comparable licensing requirements as those imposed in this state and that offers reciprocity to individuals licensed under this chapter. An applicant for reciprocity shall submit proof of ethical compliance, including proof of current licensing and current certification by the certifying entity, along with any other eligibility requirements, such as satisfactory passage of a criminal background check.
Ala. Code § 34-24-401 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-401
Section 34-24-401 Authority of Board to Contract for Physician Wellness Committee to Undertake Certain Functions
Status: in_force

The Board of Medical Examiners shall have the authority to enter into an agreement with a nonprofit corporation or medical professional association for the Alabama Physician Wellness Committee to undertake those functions and responsibilities specified in the agreement. Such functions and responsibilities may include any or all of the following:

(1) Contracting with providers of treatment programs;

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

(3) Intervening in cases of verified impairment;

(4) Referring impaired physicians to treatment programs;

(5) Monitoring the treatment and rehabilitation of impaired physicians;

(6) Providing post-treatment monitoring and support of rehabilitated impaired physicians; and

(7) Performing such other activities as agreed upon by the Board of Medical Examiners and the Alabama Physician Wellness Committee.
Ala. Code § 34-8A-61 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-61
Section 34-8A-61 Oversight, Dispute Resolution, and Enforcement
Status: in_force

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules adopted hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.

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

(b) Default, Technical Assistance, and Termination.

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:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission; and

(2) Provide remedial training and specific technical assistance regarding the default.

(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 member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the 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, and each of the member states.

(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.

(f) 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.

(g) 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 member shall be awarded all costs of such litigation, including reasonable attorney fees.

(h) Dispute Resolution.

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

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

(i) Enforcement.

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

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

(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Ala. Code § 34-2A-12 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-12
Section 34-2A-12 Renewal, Expiration of License; Inactive Status; Maintenance of Records; Continuing Education
Status: in_force

(a) Every individual who holds a valid current license as an assisted living administrator issued by the board under this chapter shall immediately upon issuance have the right and privilege of acting and serving as an assisted living administrator and of using the abbreviation “A.L.A.” after his or her name. Thereafter, the individual shall annually be required to make application to the board for a renewal of license and to report any facts requested by the board on forms provided for that purpose.

(b) Upon making application for a renewal of a license, the individual shall pay an annual license fee established as determined by the board pursuant to the rule-making authority and, at the same time, shall submit evidence satisfactory to the board that during the year immediately preceding application for renewal he or she has complied with the requirements of the board concerning the continuation of education of assisted living administrators.

(c) Upon receipt of the application for renewal of a license, the renewal fee, and the evidence with respect to continuing education, the board shall issue a license renewal to the assisted living administrator.

(d)(1) Failure to secure an annual renewal of a license based on a failure to meet the continuing education requirements, shall result in the expiration of the license. An expired license may not be reactivated. All persons holding an expired license shall be required to submit a new application and follow all procedures for new licensure and pay a reapplication fee established by the board.

(2) A licensee who complies with the continuing education requirements, but who does not renew within 90 days following its due date, shall be deemed delinquent and may renew within the 90-day period by paying a late renewal fee established by the board pursuant to its rule-making authority. A license that is not renewed within the 90-day period shall be deemed expired and is subject to reapplication as provided in subdivision (1).

(e) A licensee who holds a current license and who is not practicing as an assisted living administrator may place that license into an inactive status upon written application to the board. Any licensee whose license has been placed on inactive status may not engage in the practice of assisted living administration.

(f) A licensee whose license is on inactive status who wishes to reactivate that license may do so by making application to the board. The applicant shall attach proof of having completed twice the annual hours’ requirement of approved continuing education credits within one year of making application for license reactivation and shall pay a reactivation fee established by the board pursuant to its rule-making authority. A licensee may not have his or her license in inactive status for more than five years. After five years in inactive status, the license automatically expires.

(g) The board shall maintain a file of all applications for licensure that includes the following information on each applicant: Residence, name, age, the name and address of his or her employer or business connection, the date of application, educational experience qualifications, action taken by the board, serial numbers of licenses issued to the applicant, and the date on which the board acted on or reviewed the application.

(h) The board shall maintain a list of current licensees of the board and shall furnish the list on demand to any person who pays a fee established by the board pursuant to its rule-making authority. The State Department of Public Health and other state agencies with a direct need shall be provided copies at no cost.

(i) The board shall adopt a program for continuing education for its licensees by September 1, 2002. After that date, successful completion of the continuing education program by board licensees shall be required in order to obtain a renewal license.

(j) Continuing education shall not result in a passing or failing grade.
Ala. Code § 34-8B-4 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-4
Section 34-8B-4 Alabama Board of Court Reporting - Creation; Composition; Meetings; Compensation
Status: in_force

(a) There is created the Alabama Board of Court Reporting. The board shall be operative within 60 days of June 1, 2006. ACRA shall provide administrative support to the board until such time as the board employs sufficient employees to implement and administer this chapter.

(b) The board shall consist of seven members as follows:

(1) Four court reporters certified by ABCR, NCRA, NVRA, or by the board, two of whom shall be employed in official capacities and two of whom shall be employed in a freelance setting.

(2) Two members in good standing with the Alabama State Bar Association.

(3) One additional member.

(c) Appointments to the board shall be made as follows:

(1) The Governor shall appoint one official court reporter, one freelance court reporter, and one member of the Alabama State Bar Association. ACRA, NCRA, NVRA, and the Alabama State Bar Association shall respectively submit a list of three names for each appointment to the Governor for consideration.

(2) The Lieutenant Governor shall appoint one member of the Alabama State Bar Association from a list of three names submitted by the Alabama State Bar Association.

(3) The President Pro Tempore of the Senate shall appoint one member who is an official court reporter from a list of three names submitted by ACRA.

(4) The Speaker of the House of Representatives shall appoint one member who is a freelance court reporter from a list of three names submitted by ACRA.

(5) The Chief Justice of the Alabama Supreme Court shall appoint one member from a list of three names submitted by the Administrative Office of Courts.

(d) All members of the board shall be citizens of the United States and the State of Alabama. The lists of names shall be submitted by the designated organizations on or before June 1, 2006. The initial terms shall begin January 1, 2007, and all appointments shall be made prior to January 1 of every year.

(e) The initial members shall serve the following terms as designated by the Governor:

(1) Three members shall serve for two years.

(2) Two members shall serve for three years.

(3) Two members shall serve for four years.

(f) Subsequent terms of office shall be for four years. No member shall serve more than two consecutive terms. In the event of a vacancy, the appointing authority for the position shall fill the vacancy. Each member shall serve until his or her successor is duly appointed and qualified.

(g) The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session to what extent the board has complied with the diversity provisions provided for in this subsection.

(h) At its first meeting each calendar year, the board shall elect a chair, vice chair, and secretary from its membership. No member shall be elected to serve more than two consecutive years in the same office.

(i) After the initial appointments have been made, the board shall meet by January 2007, for the purpose of organizing and transacting business. Thereafter, the board shall meet not less than twice annually and as frequently as deemed necessary by the chair or a majority of the members. The board shall meet at such time and place as designated by the board. A quorum shall consist of four members.

(j) Board members shall receive the same travel expenses and per diem as state employees pursuant to Article 2, commencing with Section 36-7-20, Chapter 7, Title 36. The expenses shall be paid out of the funds of the board. Reimbursement shall not be made if funds are insufficient.
Ala. Code § 34-1-2 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-2
Section 34-1-2 Definitions. (Amended by Act 2026-16)
Status: in_force

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

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

(1) AICPA. The American Institute of Certified Public Accountants.

(2) ATTEST. Providing the following services:

a. Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS).

b. Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS).

c. Any engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).

d. Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB).

e. The statements on standards specified in this definition shall be adopted by reference by the board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations such as the AICPA and PCAOB.

(3) BOARD. The Alabama State Board of Public Accountancy created by Section 34-1-3, except the special meaning applicable only to Section 34-1-4.

(4) COMPILATION. Providing a service of any compilation engagement to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS).

(5) FIRM. A sole proprietorship, partnership, professional corporation, professional association, limited liability company, limited liability partnership, or any other form of business entity now or hereafter recognized by Alabama law.

(6) LICENSE. A certificate issued pursuant to Section 34-1-4, a permit issued pursuant to Section 34-1-11, registration pursuant to Section 34-1-8; or, in each case, a certificate or permit issued pursuant to corresponding provisions of prior law, or the practice privilege provided pursuant to Section 34-1-7.

(7) LICENSEE. The holder of a license.

(8) OWNER. Any person who holds an ownership interest in a firm.

(9) PEER REVIEW. The study, appraisal, or review of one or more aspects of the professional work of a licensee or firm that performs attest or compilation services, by a person or persons who hold licenses and who are not affiliated with the licensee or firm being reviewed.

(10) PREPARATION OF FINANCIAL STATEMENT. Providing a service of any preparation of financial statements engagement to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS).

(11) REPORT. a. When used in reference to any attest or compilation service, an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the insurer or the report of names or titles indicating that the person or firm is an accountant or auditor or from the language of the report itself.

b. The term report includes any form of language that disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing such language. The term report includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.

(12) STATE. Any state, territory, or insular possession of the United States or the District of Columbia.
Ala. Code § 34-14-9 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-9
Section 34-14-9 Complaint and Hearing; Appeal; Disciplinary Actions
Status: in_force

(a) Any person wishing to make a complaint against a licensee or apprentice under this chapter shall reduce the same to writing and file his or her complaint with the board within one year from the date of the action upon which the complaint is based. If the board investigates and determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended or revoked, it shall make an order fixing a time and place for a hearing and require the licensee complained against to appear and defend against the complaint. The order shall have annexed thereto a copy of the complaint. The order and copy of the complaint shall be served upon the licensee at least 20 days before the date set for hearing, either personally or by registered or certified mail sent to the licensee’s last known address. Continuances or adjournment of hearing date shall be made if for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the board may take depositions in advance of hearing and after service of the complaint, and either may compel the attendance of witnesses by subpoenas issued by the board under its seal. Either party taking depositions shall give at least five days’ written notice to the other party of the time and place of such depositions, and the other party may attend, with counsel if desired, and cross-examine. Appeals from suspension or revocation may be made to the circuit court. In the event of an appeal, there shall be a trial de novo and the trial shall be before the court without the intervention of a jury.

(b) The board may discipline its licensees and apprentices by the adoption and collection of administrative fines, not to exceed one thousand dollars ($1,000) per violation and may institute any legal proceedings necessary to effect compliance with this chapter.

(c) Any person registered under this chapter may have his or her permit or license revoked or suspended by the board, be reprimanded by the board, or be administratively fined not more than one thousand dollars ($1,000) per violation by the board for any of the following causes:

(1) The conviction of a felony or a misdemeanor involving moral turpitude; the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be prima facie proof of such conviction.

(2) Procuring of a license by fraud or deceit.

(3) Unethical conduct, including:

a. The obtaining of any fee or the making of any sale by fraud or misrepresentation.

b. Knowingly employing, directly or indirectly, any suspended or unregistered person to perform any work covered by this chapter.

c. Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.

d. Advertising a particular model or type of hearing instrument for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.

e. Representing that the service or advice of a person licensed to practice medicine shall be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the words “doctor,” “clinic,” “balance clinics,” or similar words, abbreviations, or symbols which tend to connect the medical profession when such use is not accurate.

f. Habitual intemperance.

g. Gross immorality.

h. Permitting another’s use of a license.

i. Advertising a manufacturer’s name or trademark which implies a relationship with the manufacturer that does not exist.

j. Directly or indirectly giving or offering to give, or permitting or causing to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence him or her or have him or her influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser, hearing aid specialist, or apprentice, or influencing persons to refrain from dealing in the products of competitors.

(4) Conducting business while suffering from a contagious or infectious disease.

(5) Engaging in the fitting and sale of hearing instruments under a false name or alias with fraudulent intent.

(6) Selling a hearing instrument to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing instruments, except in cases of selling replacement hearing instruments.

(7) Gross incompetence or negligence in fitting and selling hearing instruments.

(8) Violating any provision of this chapter.

(d) The board may bring an action to enjoin any person, firm, or corporation who, without being licensed or issued a permit by the board, dispenses hearing instruments in this state. The action shall be filed in the county in which such person resides or practices or in the county where the firm or corporation maintains an office or practices. Notwithstanding any other provision of law to the contrary, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating this chapter by engaging in the practice of fitting, selling, or dispensing hearing instruments without a license.
Ala. Code § 34-27-69 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-69
Section 34-27-69 Surety Bond; Suspension, Etc., of License for Violation of Article; Reinstatement; Relicensure; Board Must Be Notified of Initiation, Etc., of Legal Action
Status: in_force

(a) Every applicant for a license under this article, either original or renewal, shall furnish a surety bond payable to the State of Alabama in the amount of $5,000 if a time-sharing salesman or $10,000 if a broker, with a surety company authorized to do business in Alabama, which bond shall provide that the obligor therein will pay up to $5,000 or $10,000, respectively, the aggregate sum of all judgments which may be recovered against such licensee for actual loss or damage arising from his or her activities conducted under this article. Said bond shall be filed with the Alabama Real Estate Commission prior to the issuance of such license. A new bond or a renewal or continuation of the original bond shall be required for each licensing period. If a continuous bond is filed with the commission prior to the issuance of such license, no such renewal bond must be filed as long as the continuous bond remains in force and effect. In the event the continuous bond is revoked by the surety company, it shall immediately notify the commission and the licensee shall have 20 days in which to file another bond with the Alabama Real Estate Commission or his or her license shall be suspended until such new bond is filed.

(b) If at any time a final judgment is rendered against a licensee under this article and the final judgment shall result from or involve any activity covered by this article, the license of the licensee shall be automatically suspended. A judgment shall be considered final when no further relief is available from the judgment in the appellate courts of Alabama. In case of such suspension of license, the commission shall give notice to the licensee that his or her license is suspended, and the licensee shall deliver this license to the commission for disposition. Upon request by the suspended licensee, the commission will set a date designating a time and place thereon for a hearing on the question of whether the license under suspension should be revoked, whether the suspension should be continued for a designated period or whether the suspension should be continued until terminated by the commission upon the fulfillment of reasonable conditions imposed by the commission. The hearing shall be conducted in accordance with Section 34-27-37 and such appropriate rules and regulations as may be adopted from time to time by the Alabama Real Estate Commission. No licensee under this article whose license hereunder has been revoked may apply for another license hereunder until at least two years after the date of such revocation; and, in the event of such application for reinstatement, he or she shall meet all the requirements imposed upon an original applicant for a license under this article; and, furthermore, shall not be relicensed without approval of such relicensing by a majority of the members of the Alabama Real Estate Commission.

(c) Every licensee under this article shall be required to notify the Alabama Real Estate Commission of any civil or criminal action filed or initiated against such licensee within 10 days of the receipt of notice by the licensee of the pending civil or criminal action when the civil or criminal action involves a transaction under this article, or involves the indebtedness of the licensee concerning expenses incurred in the development or continuation of a time-sharing plan, or involves an alleged act of fraud, theft, misrepresentation, embezzlement, or extortion, or involves an alleged felony. The notification shall be in writing and shall include a copy of any civil complaint or other document alleging a complaint or criminal offense; or, if the licensee is not in possession of such legal documents, the notification shall include a notarized statement by the licensee of the substance of the civil or criminal action.

(d) Every licensee under this article shall be required to notify the Alabama Real Estate Commission of the outcome of any civil or criminal action of the type described in subsection (c) of this section within 10 days of the notice to the licensee of such outcome. This notification shall be in writing and shall include a copy of any judgment, order, or other pertinent document issued by the court having jurisdiction of the matter; or, if licensee is not in possession of such legal documents, the notification shall include a notarized statement by the licensee of the nature of the verdict, settlement, dismissal, or other outcome of the subject civil or criminal action.
Ala. Code § 34-24-275 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-275
Section 34-24-275 Renewal; Continuing Education
Status: in_force

Every licensed podiatrist who desires to continue the practice of podiatry shall annually, on or before the first of October, pay to the secretary-treasurer of the state board a renewal registration fee in a reasonable amount set by the board and comply with such other conditions as may be prescribed by the State Board of Podiatry; provided, however, that the license shall be renewed within 30 days after October first, or the licensee shall pay the renewal registration fee and a penalty of $300. Among the conditions to be prescribed by the State Board of Podiatry is the requirement that evidence be furnished by the applicant for renewal of completion of a continuing education program. Such program shall consist of no less than 12 hours, which shall be obtained at the annual state meeting of the Alabama Podiatry Association or any other continuing education program approved by the State Board of Podiatry. Any licensed podiatrist who is inactive in the practice of podiatry for a period of two years may have his or her license renewed to practice his profession on such conditions as may be prescribed by the State Board of Podiatry.
Ala. Code § 34-15B-18 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-18
Section 34-15B-18 Sunset Provision
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-19-10 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-10
Section 34-19-10 Promulgation of Rules and Regulations, Procedures, Standards, Etc., for Nurse Midwives
Status: reserved

Repealed by Act 2017-383, § 5, effective August 1, 2017.
Ala. Code § 34-31-32 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-32
Section 34-31-32 Violations; Penalties
Status: in_force

(a) Except as provided in Section 13A-9-111.1, any individual engaged in business as a certified contractor or performing the functions of a certified contractor in violation of this chapter shall be guilty of a Class A misdemeanor.

(b) The board may impose late penalties on certified contractors who fail to renew certificates by December 31 of each year. The board may also remove the certification from any certified individual who fails to renew his or her certificate by the first day of March and require the individual to apply for a new certificate. The board may require the successful re-testing of any previously certified individual who applies for a new certification.

(c) The board may reprimand, in writing, any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter.

(d) The board may remove, revoke, or suspend the certification of any certified contractor who provides substandard or dangerous service, repair, or installation, or who otherwise violates this chapter, and may require any previously certified individual to apply for a new certification.

(e) The board may levy and collect administrative fines for violations of this chapter or the rules of the board of not more than two thousand dollars ($2,000) for each violation.

(f)(1) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person engaged in any activity, conduct, or practice that is a violation of this chapter, directing the person to cease and desist from the activity, conduct, practice, or performance of any work in progress or about to be commenced. The order shall be issued in the name of this state under the authority of the board.

(2) If the person fails to immediately comply with the cease and desist order, the board shall petition any court of competent jurisdiction to issue a writ of injunction enjoining the person from engaging in any activity, conduct, practice, or performance of work prohibited by this chapter. Upon a sufficient showing by the board that the person has engaged or is engaged in any activity, conduct, practice, or performance of work prohibited by this chapter, the court may issue a temporary restraining order to enjoin the person from engaging in the performance of work pending the hearing on a preliminary injunction. After a hearing, the court may issue a permanent injunction commanding the cessation of the performance of work complained of, all without the necessity of the board having to give bond. A temporary restraining order, preliminary injunction, or permanent injunction issued pursuant to this subsection shall not be subject to being released on bond.

(3) In the suit for an injunction, the board may issue a fine of up to two thousand dollars ($2,000) plus costs for each offense.

(4) Any failure to cease work, after a hearing and notification from the board, shall render an individual ineligible to apply for a certified contractor’s license for a period not to exceed one year from the date of official notification to cease work. The board may withhold approval for up to six months of any application from any individual who, prior to the application, has been found in violation of this chapter.
Ala. Code § 34-13-116 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-116
Section 34-13-116 Penalty for Failure to Register
Status: in_force

Any person, firm, partnership, society, group, or corporation who has control of a funeral home, mortuary, chapel, funeral establishment, crematory, or mortuary service and fails to register same according to this chapter, upon conviction, may be fined not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation, and each day that the funeral home, mortuary, chapel, funeral establishment, crematory, or mortuary service is operated shall be deemed to be a separate and distinct violation of this chapter.
Ala. Code § 34-30-104 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-104
Section 34-30-104 Issuance of Multistate License
Status: in_force

(a) Upon receipt of an application for a multistate license, the home state licensing authority shall determine the applicant’s eligibility for a multistate license in accordance with Section 34-30-103.

(b) If the applicant is eligible pursuant to Section 34-30-103, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.

(c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor’s, master’s, or clinical category of social work.

(d) A multistate license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensing regulated in each member state.
Ala. Code § 34-3-10 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-10
Section 34-3-10 Practicing Law by Register or Clerk of Circuit Court
Status: in_force

Any register or clerk of circuit court, who practices law in the court of which he is clerk or register, or any partner of such register or clerk, who practices in such court, must, on conviction, be fined not less than $100 nor more than $500.
Ala. Code § 34-24-54 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-54
Section 34-24-54 Board of Medical Examiners - Disposition of Funds; Expenses of Board and Commission Members
Status: in_force

All funds received by the State Board of Medical Examiners shall be deposited to the credit of the board in a federally insured financial institution selected by the board. Such funds may be expended for any lawful purpose authorized by this chapter upon a check or draft bearing the signature of the chairman of the board or his or her designee. Out of the funds of the board the members thereof and the members of the Medical Licensure Commission as established by Section 34-24-310 shall receive per diem at a rate of up to three hundred dollars ($300) per day or any portion thereof, as established by the board, that such board member or commission member shall be in attendance at an official meeting or function of the board or commission. In addition, each board member and commission member shall receive reimbursement for subsistence and travel in accordance with state law for each day actively engaged in the duties of their office.
Ala. Code § 34-13A-5 — Alabama Code / Title 34 / Chapter 13A / Section 34-13A-5
Section 34-13A-5 License - Duration and Renewal; Restoration of License; Inactive Status
Status: in_force

(a) A license issued by the board pursuant to this chapter shall be valid for no more than two years, unless otherwise specified by this chapter or board rule, and shall be renewable on a renewal date established by board rule.

(b) An individual who holds an expired license, or a license on inactive status, may have the license restored by doing all of the following:

(1) Making application to the board.

(2) Submitting proof acceptable to the board of his or her fitness to have the license restored including, but not limited to, sworn evidence certifying his or her active practice in another jurisdiction that is satisfactory to the board.

(3) Paying the required restoration fees as established by board rule.

(c) If an individual has not maintained an active practice in another jurisdiction that is satisfactory to the board pursuant to subdivision (2) of subsection (b), the board, pursuant to an evaluation program established by rule, shall determine the fitness of an individual to resume active status and may require the individual to complete a period of evaluated clinical experience and successful completion of an examination for licensure.

(d) A licensee may elect to place his or her license on inactive status by notifying the board, in writing, on a form prescribed by board rule. An inactive licensee may not practice genetic counseling in this state and shall be excused from the payment of renewal fees until he or she notifies the board of his or her desire to resume active status. An individual requesting restoration to active status shall pay the current renewal fee and shall satisfy the requirements of subsection (b).
Ala. Code § 34-12-8 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-8
Section 34-12-8 Licenses - Expiration; Renewal
Status: in_force

(a) Licenses shall expire on the 30th day of September next following their issuance or renewal and shall become invalid on that date unless renewed. The secretary of the board shall notify, at his or her last registered address, every person registered under this chapter of the date of the expiration of his or her license and the amount of the fee that shall be required for its renewal for one year. The notice shall be mailed three months in advance of the date of the expiration of the licenses. Two subsequent monthly notices may be mailed, the second by certified mail, return receipt requested. The annual renewal fee for licenses shall be established annually by the board and shall not exceed two hundred dollars ($200). Renewal of licenses for the following year may be effected at any time during the three months preceding September 30 of the year in which the license has been issued or renewed by the payment of the renewal fee so fixed by this chapter. Licensees who renew their licenses between September 30 and December 31 of any year renewal is due shall pay a late renewal fee set by the board not to exceed an amount equal to twice the annual renewal fee. The board shall make an exception to the foregoing renewal provision in the case of a person who is in the armed services of the United States. A licensee who fails to renew a license by December 31 of any year renewal is due shall have his or her license revoked.

(b) The state board shall adopt a program of continuing education for its licensees not later than October 1, 1991, and after that date no licensee shall have his or her active license renewed unless, in addition to any other requirements of this chapter, the minimum continuing annual education requirements are met. It is further provided that the continuing education program herein required shall not apply to any licensee who is 65 years of age or older and shall not include testing or examination of the licensees in any manner. The board may relax or suspend the continuing annual education requirements for retirees or for reasons of the health, hardship, or other extenuating circumstances of the licensee based on the licensee’s specific case.
Ala. Code § 34-2A-8 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-8
Section 34-2A-8 Requirements for Examination; Fees
Status: in_force

(a) The board shall admit to examination for licensure as an assisted living administrator any candidate who submits evidence of good moral character and suitability as prescribed by the board and who submits evidence to the board that he or she is at least 19 years of age, 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, that he or she is a high school graduate or has completed an educational program equivalent thereto, and that he or she has completed any additional educational requirements prescribed by the board. The board may exempt the educational requirements for practicing administrators on March 1, 2002, based on acceptable experience and tenure in the applicant’s current position. Each candidate shall also be required, prior to admission to the examination, to pay an examination fee established by the board pursuant to its rule-making authority.

(b) The board may establish an application fee for the internship or administrator in training (AIT) program, if such a program is established, and a fee for preceptor, certification, and recertification of any administrator in training (AIT) program pursuant to its rule-making authority.

(c) The board may establish a replacement license fee for any licensing card previously issued by the board that has been stolen, lost, or misplaced.
Ala. Code § 34-13-264 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-264
Section 34-13-264 Rights of Seller
Status: in_force

If the amounts paid by the purchaser under a preneed contract for cemetery merchandise have previously been deposited in trust, the seller may withdraw the principal amount there, at the time the cemetery merchandise is delivered or installed or, if comprised of materials designed to withstand prolonged, protected storage without deterioration, at the time the merchandise is placed in storage with a responsible third party bonded and insured for the wholesale value thereof and evidenced by a receipt specifically identifying the item, the specific preneed contract, the location of the item, and the identity and address of the bonding and insuring parties. For purposes of this section only, caskets and alternative containers may not be held in storage by the seller or a third party storage facility prior to the death of the funeral beneficiary.
Ala. Code § 34-24-610 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-610
Section 34-24-610 Construction of Article
Status: in_force

Nothing in this article shall be construed to limit the ability of the Board of Medical Examiners to exercise authority existing prior to the passage of this article.
Ala. Code § 34-8A-57 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-57
Section 34-8A-57 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:

(1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state;

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

(3) Only the home state shall have the power to take adverse action against a licensed professional counselor’s license issued by the home state.

(b) 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.

(c) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

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

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

(f) Joint Investigations:

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

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

(g) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.

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

(i) 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 § 34-1-4 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-4
Section 34-1-4 Granting of Certificates to Certified Public Accountants. (Amended by Act 2026-16)
Status: in_force

AMENDED BY ACT 2026-16, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) If each of the following qualifications is met, the certificate of certified public accountant shall be granted by the board to any person:

(1) Who 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.

(2) Who has attained the age of 19 years.

(3) Who is of good moral character.

(4) Who meets the following educational requirements:

a. A person shall have earned a college degree from a four-year college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities, with a concentration in accounting or what the board determines to be substantially the equivalent of a concentration in accounting. Persons who, on May 16, 1989, have previously taken the uniform written CPA examination shall be considered to meet these qualifications.

b. After January 1, 1995, any person who has not previously sat for the uniform CPA examination shall have completed a total of 150 semester hours or 225 quarter hours of postsecondary education, including a baccalaureate degree at a college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities. The total education program shall include an accounting concentration as defined by the board and other course work as the board may require by regulation.

(5)a. Who has successfully passed a uniform examination, administered by the board or its designee, in accounting and auditing and in any other related subjects as the board deems necessary, including, but not limited to, business law and taxation, to maintain the highest standard of proficiency in the profession of public accounting.

b. After January 1, 2016, in order to be eligible for an initial sitting for the uniform CPA examination, a person shall have completed a total of 120 semester hours or 180 quarter hours of education, including a baccalaureate degree at a college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities.

(b)(1) Examinations provided for in this chapter shall be given by the board as often as necessary, but not less frequently than twice each year. The board shall, after each examination, notify applicants of the results.

(2) The board may issue certificates under the signature and the official seal of the board, pursuant to this chapter.

(c) The board shall charge each person certified under subsection (e) and each candidate an application fee for the uniform CPA examination in an amount determined by the board. Examination and reexamination fees shall be charged by the board, or its designee, in amounts determined by the board for each subject in which a candidate is examined. The applicable fees shall be paid to the board, or its designee, by the candidate at the time he or she applies for examination or reexamination.

(d) Persons who, on May 16, 1989, held certified public accountant certificates issued under the laws of this state shall not be required to obtain additional certificates under this chapter, but shall otherwise be subject to this chapter. The certificates issued shall, for all purposes, be considered certificates issued under this chapter and subject to this chapter.

(e) The board may waive the examination under subdivision (a)(5), and may issue a certificate as a certified public accountant to any person paying the application fee provided in subsection (c) who possesses the qualifications specified in subdivisions (a)(1) through (a)(3), and what the board determines to be substantially the equivalent of the applicable qualifications under subdivision (a)(4), and who is the holder of a certificate as a certified public accountant, then in full force and effect, issued under the laws of any state.

(f) The board may make appropriate regulations to govern the issuance of a certificate as a certified public accountant to the holder of a certificate, license, or degree which is then in full force and effect in any foreign country constituting a recognized qualification for the practice of public accounting in the country, comparable to that of a certified public accountant of this state.
Ala. Code § 34-13-123 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-123
Section 34-13-123 Violations
Status: in_force

The board may refuse to grant, refuse to renew, suspend, or revoke the license of, or fine a cremationist or crematory, after proper hearing and notice is provided to the licensee, upon the board finding the licensee is guilty of any of the following:

(1) Any violation of this chapter or order or rule of the board.

(2) The performance of a cremation service by a person who is not licensed as a cremationist and who has not completed a training program as required by this chapter.

(3) Operating a building or structure within this state as a crematory without being licensed under this chapter.

(4) Violating any cremation procedure required by this chapter or rule of the board.

(5) Performing a cremation without receipt of a cremation authorization form signed by the authorizing agent.

(6) Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information.

(7) Accepting human remains from another funeral establishment without a completed cremation authorization form signed by the authorizing agent, a state identification form with the signature of the releasing party, and an undetachable ankle bracelet identifying the remains.

(8) Failure to maintain the internal identification system as required by the board.

(9) Failure to maintain identifying paperwork with the appropriate signatures.

(10) Failure to file an annual cremation report in the form required by the board.

(11) Failure to maintain a current cremation log.
Ala. Code § 34-3-107 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-107
Section 34-3-107 Disbursement of Appropriations to State Bar for Construction of Buildings
Status: in_force

To enable the foundation to construct a building or buildings suitable for the uses described in Section 34-3-100, the Board of Commissioners of the Alabama State Bar is authorized to disburse and pay to the foundation all or any part of the moneys appropriated to the Alabama State Bar for the construction and erection of buildings, such disbursements and payments to be made in the manner provided by Section 34-3-44. Any moneys so disbursed and paid to the foundation shall be expended by it for the purpose of paying the costs of constructing and erecting such a building or buildings in the manner provided by its board of trustees.
Ala. Code § 34-24-609 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-609
Section 34-24-609 Disciplinary Action and Sanctions
Status: in_force

(a) A violation of this article or a rule adopted under this article is grounds for disciplinary action and sanctions against a registrant as provided in this section.

(b) A violation of this article may be enforced in the same manner as any other violation of Sections 20-2-50 to 20-2-58, inclusive.

(c) Any violation of this article or a rule adopted under this article shall be prosecuted against and in the name of the registrant or registrants participating in the alleged violation.

(d) In addition to the requirements, sanctions, and punishment provided by Sections 20-2-50 to 20-2-58, inclusive, the board may impose the following sanctions:

(1) The failure to register shall be punishable by a fine up to ten thousand dollars ($10,000) per violation, or the revocation of the registration, or both.

(2) A violation of any other requirements under this article by a physician, including a medical director, shall be punishable by a fine up to one thousand dollars ($1,000) per violation, or the revocation of the registration, or both.

(3) If a practice location has two or more physicians that violate this article within one year, the board shall report the violations to the appropriate licensing agency that regulates the practice location.
Ala. Code § 34-39-43 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-43
Section 34-39-43 Binding Effect of Compact and Other Laws
Status: in_force

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

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

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

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

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

(f) In the event any provision of the compact exceeds the constitutional limits imposed on the Legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Ala. Code § 34-13-199 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-199
Section 34-13-199 Preneed Sales Agent. (Amended by Act 2026-590)
Status: in_force

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

(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of a certificate holder, shall be registered with the board as preneed sales agents, pursuant to this chapter.

(b) All preneed sales agents and funeral directors acting as preneed sales agents shall be affiliated with the certificate holder that they are representing.

(c) A certificate holder shall be responsible for the activities of all preneed sales agents and all funeral directors acting as preneed sales agents who are affiliated with the certificate holder and who perform any type of preneed-related activity on behalf of the certificate holder. In addition to the preneed sales agents and funeral directors acting as preneed sales agents, each certificate holder shall also be subject to discipline if its preneed sales agents or funeral directors acting as preneed sales agents violate this chapter.

(d) A preneed sales agent and a funeral director acting as a preneed sales agent may sell, offer, and execute preneed contracts on behalf of all properly licensed entities owned or operated by the sponsoring certificate holder.

(e) An individual may begin operating as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g), is approved by the board.

(f)(1) The qualifications for a preneed sales agent are as follows:

a. The applicant must be at least 18 years of age.

b. The applicant must be in good standing with the board.

c. The applicant may not have any felony or misdemeanor convictions that relate to any activity regulated by this chapter or a crime involving moral turpitude, as defined by this chapter.

d. The applicant shall be of good moral character and submit to a criminal history background check pursuant to subdivision (2).

(2) An applicant for licensure as a preneed sales agent shall submit to the board, on a form sworn to by the applicant, his or her name, date of birth, Social Security number, and two complete sets of fingerprints for completion of a criminal history background check. The board shall submit the fingerprints to the Alabama State Law Enforcement Agency for a state criminal history background check. The fingerprints shall be forwarded by the agency to the Federal Bureau of Investigation for a national criminal history background check. Costs associated with conducting a criminal history background check shall be paid by the applicant. The board shall keep information received pursuant to this subdivision confidential, except that information received and relied upon in denying the issuance of a certificate of authority may be disclosed if necessary to support the denial. All character information, including the information obtained through the criminal history background checks, shall be considered in licensure decisions to the extent permissible by all applicable laws.

(g) An application for registration as a preneed sales agent shall be submitted to the board with an application fee determined by the board, but not to exceed thirty-three dollars ($33), by the certificate holder in a form that has been prescribed by board rule. The application shall contain, at a minimum, all of the following:

(1) The name, address, Social Security number, and date of birth of the applicant and any other information as the board may reasonably require of the applicant.

(2) The name, address, and license number of the sponsoring certificate holder.

(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f).

(4) A representation, signed by the certificate holder, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the certificate holder and that the certificate holder has trained the applicant in this chapter relating to preneed sales, the provisions of the certificate holder’s preneed contract, and the nature of the merchandise, services, or burial rights sold by the certificate holder.

(5) A statement indicating whether the applicant has any type of working or agency relationship with any other certificate holder or insurance company.

(h) An individual may be registered as a preneed sales agent on behalf of more than one certificate holder, provided that the individual has received the written consent of all certificate holders.

(i) A certificate holder who has registered a preneed sales agent shall notify the board within 30 days after the individual’s status as a preneed sales agent has been terminated.

(j) Upon approval of an application that complies with all of the requirements of subsection (g), the board shall register the applicant. The board, in accordance with this chapter, shall provide for annual renewal of registration upon receipt of a renewal application and a renewal fee not to exceed thirty-three dollars ($33) as set by the board.
Ala. Code § 34-9-15 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-15
Section 34-9-15 Annual Registration; Continuing Education
Status: in_force

(a) No individual shall practice dentistry or dental hygiene in the State of Alabama unless licensed or permitted by the board and registered annually as required by this chapter.

(b)(1) The secretary-treasurer of the board shall issue to each licensee an initial registration form which shall contain space for the insertion of name, address, date, and number of license certificate, and other information as the board shall deem necessary. The licensee shall sign and verify the accuracy of the registration before a notary public after which he or she shall forward the registration to the secretary-treasurer of the board together with a fee. Each subsequent registration shall be made in electronic format or by United States mail upon a form to be determined by the board.

(2) On or before October 1 of each year, every dentist and dental hygienist licensed or permitted to practice dentistry or dental hygiene in the state shall transmit either online or by United States mail to the secretary-treasurer of the board the completed form prescribed by the board, together with a fee established by the board pursuant to this chapter, and receive thereafter the current annual registration certificate authorizing him or her to continue the practice of dentistry or dental hygiene in the state for a period of one year. Notwithstanding Section 34-9-16, the total amount of any administrative fines and costs assessed upon the licensee pursuant to Section 34-9-18 in a final and non-appealable order or agreement shall be added to and made a part of the fee.

(c)(1) Any license or permit previously granted under the authority of this chapter or any prior dental practice act shall automatically be suspended if the holder thereof fails to secure the annual registration certificate before January 1, each year. Any dentist or dental hygienist whose license or permit is automatically suspended by reason of failure, neglect, or refusal to secure the annual registration certificate shall be reinstated by the board upon payment of the penalty fee plus all accrued annual registration fees up to a maximum of five years, accompanied with the prescribed form for annual registration of the license or permit.

(2) Upon failure of any licensee or permittee to file application for the annual registration certificate and pay the annual registration fee on or before November 30, each year, the board shall notify the licensee or permittee by mail addressed to the last address of record that the application and fee have not been received and that, unless the application and fee are received on or before the first day of January, the license or permit shall be automatically suspended. The board shall notify the licensee or permittee by mail addressed to the last address of record of the effective date of the automatic suspension and the provisions for registration of the license or permit.

(d)(1) The board shall waive the annual payment of fees herein provided for and issue a current annual registration certificate to any licensee or permittee who has retired from the practice of dentistry or dental hygiene because of age or physical disability.

(2) The board by rule shall waive annual registration and the payment of fees while any licensee is on temporary active duty with any of the Armed Forces of the United States.

(3) The waivers of fees provided in this subsection shall be effective so long as the retirement because of age or physical disability or temporary active duty continues.

(e) The board shall adopt rules for the adoption of a program of continuing education for its licensees. The successful completion of continuing education program requirements shall be a requisite for renewal of licenses and permits issued pursuant to this chapter.
Ala. Code § 34-27B-51 — Alabama Code / Title 34 / Chapter 27B / Section 34-27B-51
Section 34-27B-51 Definitions
Status: in_force

As used in this compact, the following terms have the following meanings:

(1) ACTIVE MILITARY MEMBER. Any person with a full-time duty status in the Armed Forces of the United States, including members of the National Guard and Reserve.

(2) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by any state authority with regulatory authority over respiratory therapists, such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice, not including participation in an alternative program.

(3) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process applicable to a respiratory therapist approved by any state authority with regulatory authority over respiratory therapists. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

(4) CHARTER MEMBER STATES. Those member states who were the first seven states to enact the compact into the laws of their state.

(5) COMMISSION or RESPIRATORY CARE INTERSTATE COMPACT COMMISSION. The-government instrumentality and body politic whose membership consists of all member states that have enacted the compact.

(6) COMMISSIONER. The individual appointed by a member state to serve as the member of the commission for that member state.

(7) COMPACT. The Respiratory Care Interstate Compact.

(8) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another member state to practice as a respiratory therapist in the remote state under the remote state’s laws and rules. The practice of respiratory therapy occurs in the member state where the patient is located at the time of the patient encounter.

(9) CRIMINAL BACKGROUND CHECK. The submission by the member state of fingerprints or other biometric-based information on license applicants at the time of initial licensing for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d) or successor provision, from the Federal Bureau of Investigation and the state’s criminal history record repository, as defined in 28 C.F.R. § 20.3(f) or successor provision.

(10) DATA SYSTEM. The commission’s repository of information about licensees as further set forth in Section 34-27B-57.

(11) DOMICILE. The jurisdiction that is the licensee’s principal home for legal purposes.

(12) ENCUMBERED LICENSE. A license that a state’s respiratory therapy licensing authority has limited in any way.

(13) EXECUTIVE COMMITTEE. A group of directors elected or appointed to act on behalf of, and within the powers granted to them, by the commission.

(14) HOME STATE. Except as set forth in Section 34-27B-54, the member state that is the licensee’s primary domicile.

(15) HOME STATE LICENSE. An active license to practice respiratory therapy in a home state that is not an encumbered license.

(16) JURISPRUDENCE REQUIREMENT. An assessment of an individual’s knowledge of the state rules governing the practice of respiratory therapy in such state.

(17) LICENSEE. An individual who currently holds an authorization from the state to practice as a respiratory therapist.

(18) MEMBER STATE. A state that has enacted the compact and been admitted to the commission in accordance with the provisions of this compact and commission rules.

(19) MODEL COMPACT. The model for the Respiratory Care Interstate Compact on file with The Council of State Governments or other entity as designated by the commission.

(20) REMOTE STATE. A member state where a licensee is exercising or seeking to exercise the compact privilege.

(21) RESPIRATORY THERAPIST or RESPIRATORY CARE PRACTITIONER. An individual who holds a credential issued by the National Board for Respiratory Care, or its successor, and who holds a license to practice respiratory therapy, and who meets all of the requirements outlined in Section 34-27B-3. For purposes of this compact, any other title or status adopted by a state to replace the term “respiratory therapist” or “respiratory care practitioner” shall be deemed synonymous with “respiratory therapist” and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.

(22) RESPIRATORY THERAPY, RESPIRATORY THERAPY PRACTICE, RESPIRATORY CARE, THE PRACTICE OF RESPIRATORY CARE, or THE PRACTICE OF RESPIRATORY THERAPY. The care and services provided by or under the direction and supervision of a respiratory therapist or respiratory care practitioner as set forth in the member state’s statutes and rules in the state where the services are being provided.

(23) RESPIRATORY THERAPY LICENSING AUTHORITY. The agency, board, or other body of a state that is responsible for licensing and the regulation of respiratory therapists.

(24) RULE. A regulation adopted by an entity that has the force and effect of law.

(25) SCOPE OF PRACTICE. The procedures, actions, and processes a respiratory therapist licensed in a state or practicing under a compact privilege in a state is permitted to undertake in that state and the circumstances under which the respiratory therapist is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statutes, rules, case law, and other processes available to the state respiratory therapy licensing authority or other government agency.

(26) SIGNIFICANT INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a state respiratory therapy licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or rule that is considered more than a minor infraction for which the state respiratory therapy licensing authority could pursue adverse action against the licensee.

(27) STATE. Any state, commonwealth, district, or territory of the United States.
Ala. Code § 34-41-22 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-22
Section 34-41-22 Actions Which Are Class B Misdemeanors
Status: in_force

Any person who does any of the following is guilty of a Class B misdemeanor:

(1) Willfully publicly practices, or offers or attempts to publicly practice, geology for other natural or corporate persons in Alabama without being licensed in accordance with this chapter or hereby exempted.

(2) Presents or attempts to use as his or her own, the certificate of licensure or seal of another.

(3) Gives false or forged evidence of any kind in obtaining a license.

(4) Impersonates any other licensee.

(5) Attempts to use an expired or revoked license or practices at any time during which the board has suspended or revoked the license.

(6) Violates any provision of this chapter.
Ala. Code § 34-40-2 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-2
Section 34-40-2 Definitions
Status: in_force

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

(1) ADVISORY COUNCIL. The Advisory Council of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers created pursuant to Section 34-40-3.2.

(2) ATHLETIC INJURY. An injury or condition sustained as a result of, or limiting the preparation for or participation in, an exercise, sport, game, recreational activity, or any other activity that requires a level of strength, endurance, flexibility, or agility that is comparable to the level of strength, endurance, flexibility, or agility required for an exercise, sport, game, or recreational activity; or any injury that a physician deems would benefit from athletic training services.

(3) ATHLETIC TRAINER. An individual licensed by the Alabama Board of Athletic Trainers and under the direction or referral, or both, of a licensed physician after meeting the requirements of this chapter and rules adopted pursuant to this chapter.

(4) ATHLETIC TRAINING PRACTICE. Practice by an athletic trainer of any of the following:

a. The application of care for an athletic injury, including the application or provision of: (i) principles, methods, and procedures of recognition, examination, assessment, clinical evaluation, prevention, management, emergency care, disposition, or rehabilitation and reconditioning of athletic injuries; (ii) appropriate preventive and supportive devices; (iii) treatment using physical modalities such as heat, cold, light, mechanical devices, electric stimulation, manual therapy techniques, aquatic therapy, sound, or therapeutic exercise; and (iv) any other physical agent that is included within the written protocols allowed by the State Board of Medical Examiners and prescribed by a physician.

b. The organization and administration of athletic training programs, including health care administration and professional responsibility.

c. The provision of athletic training, education, and guidance to physically active individuals, coaches, medical personnel, and the community in the prevention and care of athletic injuries.

d. The recognition of potential illnesses and referrals to a physician for diagnosis and treatment.

e. The provision of injury prevention services developed for physically active individuals.

(5) BOARD. The Alabama Board of Athletic Trainers.

(6) INJURY PREVENTION. Care and guidance related to risk management, including biomechanics, conditioning, flexibility, energy requirements, strength training, and fitness.

(7) PHYSICAL THERAPIST. A physical therapist licensed by the Alabama State Board of Physical Therapy.

(8) PHYSICIAN. A physician licensed by the Medical Licensure Commission of Alabama.

(9) PHYSICIAN SUPERVISION. a. An athletic trainer acting under the supervision of a physician if:

1. The activities are undertaken pursuant to a verbal or written order of the physician who has evaluated the physically active individual; or

2. The activity is undertaken in accordance with a written protocol signed by the physician which describes the athletic injury encountered and directs appropriate medical interventions consistent with the qualification, training, and experience of the athletic trainer. The State Board of Medical Examiners shall establish medical criteria for any protocol used by athletic trainers and shall specify those conditions and circumstances that require referral to the physician for further evaluation.

b. Physician supervision establishes a formal relationship between an athletic trainer and a physician under which the athletic trainer is authorized to practice as evidenced by a written protocol approved by the State Board of Medical Examiners and requires professional oversight and direction pursuant to the rules of the State Board of Medical Examiners and the Alabama Board of Athletic Trainers as recommended by the advisory council. No rule adopted pursuant to this paragraph shall be effective without the approval of both the State Board of Medical Examiners and the board.
Ala. Code § 34-40-62 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-62
Section 34-40-62
Status: in_force

(a) To be eligible to join this compact and to maintain eligibility as a member state, a state must:

(1) Enact and maintain a statute that is not materially different from the model compact language;

(2) License and regulate the practice of athletic training;

(3) Require that licensees in that state maintain continuing competence standards as part of their state practice act or rules;

(4) Have a mechanism in place for receiving and investigating complaints about licensees;

(5) Grant the compact privilege to a licensee who meets all the requirements outlined in Section 34-40-63 in accordance with the terms of the compact and any rules adopted thereunder;

(6) Participate fully in the compact commission’s data system, including using the unique identifier as defined in rules;

(7) Notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;

(8) Within a time frame established by rule, implement or utilize procedures for considering the criminal history records of applicants for a compact qualifying license which includes receiving the results of the Federal Bureau of Investigation record search and use those results in making licensure decisions. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

a. A member state must fully implement a criminal background check requirement in order to participate in the issuance and acceptance of compact privileges.

b. Communication between a member state and the compact commission or among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state; and

(9) Comply with and enforce the rules of the compact commission.

(b) Member states may set and collect a fee for issuance and renewal of a compact privilege to applicants.

(c) Individuals without a compact qualifying license shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state.

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

(e) A compact qualifying license shall be recognized by each remote state as authorizing that licensee to engage in the practice of athletic training, under a compact privilege, in another member state in accordance with the requirements in Section 34-40-63.
Ala. Code § 34-17A-17 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-17
Section 34-17A-17 Judicial Review
Status: in_force

(a) A person who has exhausted all administrative remedies available within the board and who is aggrieved by a final decision of the board is entitled to judicial review. A preliminary, procedural, or intermediate board action or ruling is immediately reviewable only if review of the final board action would not provide an adequate remedy.

(b) A proceeding for review is instituted by filing a petition in the Circuit Court of Montgomery County within 30 days after service of the final decision of the board. Copies of the petition for review shall be served upon the board and the parties of record.

(c) The filing of the petition does not stay enforcement of the decision of the board. The board may grant, or the reviewing court may order, a stay upon appropriate terms.

(d) The review shall be conducted by the court without a jury and shall be confined to the record.

(e) The court shall not substitute its judgment for that of the board as to the weight of the evidence on questions of fact. The court may affirm the decisions of the board or remand the case for further proceedings.

(f) The court may reverse or modify the decision of the board if substantial rights of the appellant have been prejudiced because the disciplinary action of the board involves any of the following circumstances:

(1) A violation of constitutional or statutory provisions.

(2) An excess of the statutory authority of the board.

(3) An unlawful procedure.

(4) An error of law.

(5) A finding unsupported by substantial evidence on the record as a whole.

(6) A finding that is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
Ala. Code § 34-2A-9 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-9
Section 34-2A-9 Examination
Status: in_force

(a) The board shall determine the subjects of examinations for applicants for licensure as assisted living administrators, or licensure or certification of specialty care assisted living administrators if established, and the scope, content, and format of the examinations, which in any examination shall be the same for all candidates. The examinations shall include examination of the applicant to demonstrate his or her proficiency in the rules and regulations of health and safety; provided, however, that the examination given to initial provisional licensees shall be limited to these rules and regulations. The examinations may consist of written or oral questions, or both.

(b) Examinations shall be held at least four times each year, at times and places designated by the board.
Ala. Code § 34-24-383 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-383
Section 34-24-383 Payment of Administrative Fines Prerequisite to Renewal of Annual Certificate; Refunds
Status: in_force

The Medical Licensure Commission shall not renew the annual certificate of registration as set forth in Section 34-24-337 of any physician against whom an administrative fine has been assessed by the Board of Medical Examiners or the Medical Licensure Commission until such fine is paid in full. However, if an order of the Medical Licensure Commission or the Board of Medical Examiners allows for the payment of a fine or costs in installments and if the licensee is current with the installment payment, then the physician shall be permitted to renew his or her license. In the event that the fine is subsequently reduced or set aside on judicial review as provided in the Alabama Administrative Procedure Act the physician shall be entitled to a prompt refund of the amount of the fine but shall not be entitled to interest thereon.
Ala. Code § 34-26-44 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-44
Section 34-26-44 Conduct of Examinations
Status: in_force

Examination of applicants for a license to practice as a psychologist or psychological technician shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the qualifications of the applicant. The board shall require the examinations to be written or oral, or both. The board, by rule, shall provide circumstances under which a candidate shall be held to have passed the examination.
Ala. Code § 34-24-60 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-60
Section 34-24-60 Confidentiality of Records, Etc.; Authorized Release; Waiver
Status: in_force

(a)(1) All reports of investigations; documents subpoenaed by the board; reports of any investigative committee appointed by the board; memoranda of the board’s counsel relating to investigations; statements of persons interviewed by the board or any committee of the board; all information, interviews, reports, statements, or memoranda of any kind furnished to the board or any committee of the board; and any findings, conclusions, or recommendations resulting from proceedings of the board or any committee of the board, unless presented as evidence at a public hearing, shall be privileged and confidential, shall be used only in the exercise of the proper functions of the board, and shall not be public records nor be available for court subpoena or for discovery proceedings. Meetings of the board in which any of the aforementioned items are received, reviewed, deliberated, voted on, or acted on by the board shall be closed sessions, and any report or recording of the meeting shall be privileged and confidential.

(2) Nothing contained herein shall apply to records made in the regular course of business of an individual; documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented or considered during the proceedings of the Board of Medical Examiners or the Medical Licensure Commission.

(b) The board may authorize the release of investigative records and files to municipal, county, state, and federal law enforcement or regulatory agencies or officials and to state and United States territorial medical licensing agencies or officials.

(c) Use of the materials and records in contested cases before the Medical Licensure Commission or release of records to law enforcement, regulatory, or medical licensing agencies or officials shall not be deemed a waiver of confidentiality or privilege established by this section.
Ala. Code § 34-24-531 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-531
Section 34-24-531 Powers and Duties of the Interstate Commission
Status: in_force

The interstate commission shall have the duty and power to do all of the following:

(a) Oversee and maintain the administration of the compact.

(b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact.

(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions.

(d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

(e) Establish and appoint committees including, but not limited to, an executive committee as required by Section 34-24-530, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties.

(f) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the interstate commission.

(g) Establish and maintain one or more offices.

(h) Borrow, accept, hire, or contract for services of personnel.

(i) Purchase and maintain insurance and bonds.

(j) Employ an executive director who shall have such powers to employ, select, or appoint employees, agents, or consultants, and determine their qualifications, define their duties, and fix their compensation.

(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

(l) Accept donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission.

(m) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use, any property, real, personal, or mixed.

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

(o) Establish a budget and make expenditures.

(p) Adopt a seal and bylaws governing the management and operation of the interstate commission.

(q) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission.

(r) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation.

(s) Maintain records in accordance with the bylaws.

(t) Seek and obtain trademarks, copyrights, and patents.

(u) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
Ala. Code § 34-8B-5 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-5
Section 34-8B-5 Alabama Board of Court Reporting - Duties
Status: in_force

The board shall have all of the following duties and responsibilities:

(1) Act on matters concerning competency licensure only and the process of granting, suspending, reinstating, and revoking a license.

(2) Establish a procedure for the investigation of complaints against licensed court reporters and for the conduct of hearings in which complaints are heard.

(3) Set a fee schedule for granting licenses and renewals of licenses subject to the Alabama Administrative Procedure Act.

(4) Maintain a current register of licensed court reporters and a current register of temporarily licensed court reporters. Registers shall be matters of public record.

(5) Maintain a complete record of all proceedings of the board.

(6) Adopt continuing education requirements no later than October 1, 2007. Requirements shall be implemented no later than January 1, 2008, and shall include all courses approved by the Alabama State Bar for continuing legal education.

(7) Determine the content of and administer examinations to be given to applicants for licensure as certified court reporters and issue numbered licenses to applicants found qualified.

(8) Maintain records of its proceedings and a register of all persons licensed by the board which shall be a public record and open to inspection.
Ala. Code § 34-40-5 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-5
Section 34-40-5 Requirements for License; Application; Fees
Status: in_force

(a) Any individual seeking licensure as an athletic trainer shall be a citizen of the United States or, if not a citizen of the United States, an individual who is legally present in the United States with appropriate documentation from the federal government, and meets at least one of the following requirements:

(1) Satisfactory completion of all Board of Certification, Inc., or its successor organization, qualifications; certification as an athletic trainer in good standing by the Board of Certification, Inc.; and eligibility for a National Provider Identifier.

(2) Licensure by reciprocity. The board shall grant, without examination, licensure to any qualified athletic trainer holding a license certificate or registration in another state if that state maintains licensure qualifications that are substantially equivalent to those required in this state, and gives similar reciprocity to licensees of this state.

(b) Any individual desiring to be licensed, desiring a renewal of an existing license, desiring verification of licensure, reinstatement of a license, replacement of a license, or name changes for a licensee as an athletic trainer in this state shall make and file with the board a written application or request as prescribed by the board. The application shall be accompanied by the payment of a fee, as set by the board, to include publication fees or other administrative fees deemed necessary to carry out the provisions of this chapter. Any licensee who fails to renew his or her license within 90 days following expiration of the previous license shall be required to file a new application and pay an application fee with the board.
Ala. Code § 34-23-118 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-118
Section 34-23-118 Compliance with Article Required of All Programs
Status: in_force

After June 27, 1981, no third party prescription program shall be instituted, nor shall existing agreement or contract be renewed unless they are in compliance with the provisions of this article.
Ala. Code § 34-25A-1 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-1
Section 34-25A-1 Purpose
Status: in_force

The Legislature declares that in order to safeguard the health, safety, and welfare of the people of Alabama against the unauthorized, unqualified, and improper administration of prosthetic and orthotic care, it is necessary to provide for the licensing and regulation of persons offering prosthetic and orthotic services to the public.
Ala. Code § 34-38-5 — Alabama Code / Title 34 / Chapter 38 / Section 34-38-5
Section 34-38-5 Nonliability of Impaired Professionals’ Committee Personnel, Etc., for Actions Within Scope of Function
Status: in_force

Any dentist licensed to practice in the State of Alabama, or pharmacist, who shall be duly appointed to serve as a member of the Alabama Impaired Professionals’ Committee and any auxiliary personnel, consultants, attorneys, or other employees of the committee shall not be liable to any person for any claim for damages as a result of any decision, opinion, investigation, or action taken by the committee or any individual member of the committee made by him or her within the scope of his or her function as a member of the committee if such decision, opinion, investigation, or action was taken without malice and on a reasonable belief that such action or recommendation was warranted by the facts that were then available. No nonprofit corporation, professional association, health provider, or state or county association that contracts with, or receives funds from, board or boards for the creation, support, and operation of the Alabama Impaired Professionals’ Committee shall be liable to any person for any claim for damages for any action taken or recommendation made by the Alabama Impaired Professionals’ Committee, or any member thereof, or any auxiliary personnel, consultant, attorney, or employee of such committee.
Ala. Code § 34-14-8 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-8
Section 34-14-8 Business Addresses; Notices; Replacement Certificates
Status: in_force

(a) A person who holds a license shall notify the board in writing of the regular address of the place or places where he or she engages or intends to engage in the fitting or the sale of hearing instruments.

(b) The board shall keep a record of the place of business of licensees.

(c) Any notice required to be given by the board to a person who holds a license shall be mailed to him or her at the address of the last place of business of which he or she has notified the board.

(d) Any change of address, place of business, or sponsor shall be submitted to the board within 30 days after the change. Replacement certificates shall be issued by the board upon the payment of the required fee.
Ala. Code § 34-36-8 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-8
Section 34-36-8 Expiration and Renewal of Licenses; Continuing Education; Inactive Status
Status: in_force

(a) All licenses shall expire annually or at other times designated by the board. All applications for renewal of licenses shall be filed with the director prior to the expiration date, accompanied by the annual renewal fee prescribed by the board.

(b) The board is authorized to establish or adopt, or both, education requirements and may approve the program or programs providing education to fulfill the requirements. The board shall set the minimum standards of education. All persons holding an electrical contractor license shall be required to complete 14 hours of continuing education every two years.

(c) The board may promulgate rules regarding the approval of continuing education courses and the accounting for continuing education hours.

(d) Any person licensed by the board may elect an inactive status certificate by notifying the board in writing. The fee for the issuance and renewal of an inactive status certificate shall be established by the board. The board shall provide by rule those activities which an inactive status certificate holder may engage in and for a procedure for the reinstatement as an active status certificate holder.
Ala. Code § 34-37-9 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-9
Section 34-37-9 Fees; Reissuance Fees; Exceptions
Status: in_force

The board shall set the necessary fees to administer the requirements of this chapter and when adopted, such fee schedule shall be in lieu of any fee schedule heretofore prescribed by the board. The board shall not change the fee schedule to be effective in the middle of a calendar year.

The certificates or registrations provided for herein shall be issued by the board upon the payment of the prescribed fees. All annual certificates or registrations shall expire on December 31 of the year in which they are issued. The certificate fees herein prescribed shall be in addition to all privilege or license taxes otherwise levied. Certificates or registrations renewed after December 31 shall include the late renewal penalty established by the board.

All applicants requesting replacement of lost or stolen certificates shall be required to pay a reissuance fee based on the regular fee schedule.

All individuals serving in the armed forces will not be required to pay any back years for a renewal certificate during the calendar year he or she is released from active military duty.

All other individuals shall pay back years and prescribed penalties as set forth by rules of the board.

Any requests for waiver of back years and penalties shall be reviewed and considered by the board. The board shall vote to approve or disapprove each request.
Ala. Code § 34-11-11 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-11
Section 34-11-11 Disciplinary Action
Status: in_force

(a) The board may reprimand, censure, suspend, revoke, place on probation, recover costs, or fine any licensee or certified engineer intern or land surveyor intern or firm holding a certificate of authorization or refuse to issue, renew, or reinstate the certificate of any licensee or certified engineer intern or land surveyor intern or the certificate of authorization of a firm found guilty of any of the following:

(1) The practice of any fraud or deceit in obtaining or attempting to obtain or renew a certificate of licensure, intern certification, or certificate of authorization.

(2) Any gross negligence, incompetency, violation of the rules of professional conduct prescribed by the board, or misconduct in the practice of engineering or land surveying as a professional engineer, engineer intern, professional land surveyor, or land surveyor intern.

(3) Falsely representing himself or herself as being in responsible charge of engineering work or land surveying.

(4) Permitting his or her seal, or facsimile thereof, to be used by another.

(5) Voluntarily surrendering a professional engineer’s license, a professional land surveyor’s license, an engineer intern’s certification, a land surveyor intern’s certification, a firm’s engineering certificate of authorization, or a firm’s land surveying certificate of authorization in order to avoid disciplinary action by another jurisdiction, foreign country, or the United States government if at least one of the grounds for the disciplinary action is the same or substantially equivalent to those contained in this chapter.

(6) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony, whether or not related to the practice of engineering or land surveying; or conviction of or entry of a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.

(7) Failure to comply with any provision of this chapter or board rule.

(8) Failure to respond to a board inquiry within 60 days of receipt of the inquiry.

(9) Knowingly making false statements or signing false statements, certifications, or affidavits in connection with the practice of engineering or land surveying.

(10) Aiding or assisting another person in violating any provision of this chapter or board rule.

(11) Violating any term of any order imposed or agreed to by the board or using a seal or practicing engineering or land surveying while the licensee’s license or the firm’s certificate of authorization is inactive or restricted.

(12) Signing, affixing, or permitting the licensee’s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document or calculation, survey, or revision that has not been prepared by the licensee or under the licensee’s responsible charge.

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

(14) Providing false testimony or information to the board.

(15) Providing engineering or land surveying services outside any of the licensee’s areas of competence.

(16) Practicing engineering or land surveying in a branch office not under the day-to-day supervision of a licensed professional engineer or professional land surveyor, respectively.

(b) The board may impose any disciplinary penalty set forth in this section against a firm holding a certificate of authorization, when any one or more of the agents, employees, officers, partners, or owners of the firm, licensed or nonlicensed, have committed any act, or have been guilty of any conduct, which could authorize the imposition of any of the disciplinary penalties set forth in this section. The acts or conduct by the persons must have been related to the practice of or offer to practice of engineering or land surveying by the firm and the acts or conduct must have been performed or occurred within the scope of the employment of any such person and with the authorization, ratification, or approval of an officer, director, principal, partner, or owner of the firm.

(c) The board shall revoke the certificate of any licensee or certified intern who has been determined to be one of the following:

(1) Declared non compos mentis by a court of competent jurisdiction.

(2) Convicted of or entered a plea of guilty or nolo contendere to any crime under the laws of the United States or any state or territory thereof, which is a felony, whether related to practice or not and convicted of or entered a plea of guilty or nolo contendere to any crime, whether a felony, misdemeanor, or otherwise, an essential element of which is dishonesty or which is directly related to the practice of engineering or land surveying.

(d) Each day of a continued violation shall constitute a separate offense.

(e) An individual whose license has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules governing licenses until the license is revoked by action of the board or the license is not eligible for reinstatement under the rules of the board. A licensee who practices or offers to practice in the state with an expired, inactive, or retired license shall be subject to disciplinary action by the board. Any firm whose certificate of authorization has expired for nonpayment of renewal fees shall continue to be subject to this chapter and board rules until the certificate of authorization is revoked by action of the board or the certificate of authorization is not eligible for reinstatement under the rules of the board. A firm who practices or offers to practice in the state with an expired certificate of authorization shall be subject to disciplinary action by the board.
Ala. Code § 34-18-21 — Alabama Code / Title 34 / Chapter 18 / Section 34-18-21
Section 34-18-21 Registration Upon Examination; Educational Requirements, Etc
Status: in_force

Any person desiring to obtain a certificate of registration as a registered medical technician (R.M.T.) under the provisions of this chapter shall first make application in writing to the board and pay to the secretary-treasurer an application fee of $10. Such applicant shall thereafter appear before the Board of Examination at the time set therefor. Upon such examination the board shall determine that the applicant is over 19 years of age, of good moral character, and has received the minimum preliminary educational requirements. The minimum educational prerequisites shall be high school graduation or its equivalent and one year of college scholastic and laboratory work with credits in chemistry, bacteriology, and biology. The board shall also determine that the applicant has satisfactorily completed a full 12 months’ instruction in an approved training school for medical technicians, or has received prior to the year 1938 an apprenticeship instruction of at least one year under a qualified physician-pathologist who is listed by the Council on Medical Education and Hospitals of the American Medical Association. If the applicant meets the foregoing requirements, the board shall then proceed to examine the applicant in the various departments of laboratory methods: Urinalysis, hematology, clinical bacteriology, clinical parasitology, histopathologic, technic, biochemistry, and serology. If the applicant shall pass the examination to the satisfaction of the board, the board shall cause the name of the applicant to be entered upon the register kept for the purpose and shall cause to be issued to the applicant a certificate of registration authorizing him or her to practice the profession of medical technology in this state as a registered medical technician.
Ala. Code § 34-7B-22 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-22
Section 34-7B-22 Qualifications of Applicants for Examination or Licensure - Esthetician/Manicurist
Status: in_force

(a) No person may be admitted to an examination or licensed as an esthetician/manicurist unless he or she holds a license as an esthetician and has successfully completed at least 650 hours in nail technology in a school licensed or registered under this chapter.

(b) Any applicant who satisfies the qualifications in subsection (a), pays any applicable examination fee, successfully completes the examination, and pays the license fee shall be issued an esthetician/manicurist license.
Ala. Code § 34-21A-10 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-10
Section 34-21A-10 Exemptions
Status: in_force

(a) The licensing requirements of this chapter shall not apply to owners of property for the purpose of installing, cleaning, servicing, or maintaining an onsite sewage system on their own property with a one-family or two-family residence used as their primary residence so long as the owners of the property with an onsite sewage system complete all installation, cleaning, servicing, or maintenance themselves, without help, at their primary residence.

(b) The board shall not license or regulate any of the following:

(1) An individual or entity that distributes septic tanks or conventional or engineered onsite sewage systems or onsite wastewater systems.

(2) An owner of multiple wastewater systems, or a system that is part of a group of wastewater systems under common ownership, with one or more of those systems having a design flow of 15,000 GPD or greater.

(3) A general contractor licensed by the State Licensing Board for General Contractors, with a municipal and utility endorsement, while installing or maintaining wastewater systems as described in subdivision (2).
Ala. Code § 34-40-60 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-60
Section 34-40-60 Title and Purpose
Status: in_force

(a) This article shall be known and cited as the Athletic Trainer Compact. The purposes of this compact are to expand mobility of athletic training practice and improve public access to services by providing qualified licensed athletic trainers the ability to practice in other member states. This 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 athletic training and enhance continuity of care by providing for the mutual recognition of other licenses issued by member states.

(2) Provide an additional streamlined opportunity for interstate practice by licensed athletic trainers who meet compact uniform requirements.

(3) Promote mobility and workforce development by eliminating the necessity for licenses in multiple states by providing for the mutual recognition of other licenses issued by member states.

(4) Reduce administrative burdens on licensed athletic trainers and member states.

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

(6) Encourage the cooperation of member states in regulating interstate practice of licensed athletic trainers.

(7) Support relocating active military members and their spouses.

(8) Enhance the exchange of licensure, investigative, and disciplinary information among member states.

(9) Allow for the use of telehealth to facilitate increased access to athletic training services.

(10) Support the uniformity of licensed athletic trainer licensure requirements throughout the states.

(11) Affirm the authority of all member states to hold a licensed athletic trainer accountable for abiding by the scope of practice in the state in which the patient is located at the time of care.

(12) Require adherence to the model compact language in order to promote uniformity and ensure that all member states have accepted and are mutually obligated to the same terms.
Ala. Code § 34-27C-12 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-12
Section 34-27C-12 Prohibited Activities
Status: in_force

(a) It is unlawful for any person or entity to do any of the following:

(1) Issue a shield or badge not in conformance with this chapter. Except for sworn peace officers, no person or entity shall wear or display any badge, insignia, device, shield, patch, or pattern containing words which would indicate that he or she is a sworn peace officer or that includes the Great Seal of the State of Alabama. The words “security officer,” or a similar term, shall be displayed on any badge, insignia, device, shield, patch, or pattern worn by a security officer or armed security officer. Except for the vehicle of a sworn peace officer, no vehicle used by a security officer or an armed security officer shall have any equipment or markings denoting a law enforcement vehicle.

(2) Publish, advertise, use printed letterhead or circulars, or give statements, or use words or phrases which in any way suggest or imply that the security officer, armed security officer, or contract security company is a law enforcement organization or sworn peace officer, or an official of the state or federal government.

(3) Designate an individual meeting the definition of a security officer or armed security officer as anything other than a security officer or armed security officer.

(4) Knowingly make or provide false statements to the board or omit any document or information required to be filed with the board.

(5) Falsely represent a person to be a holder of a license or certification card.

(6) Engage in criminal conduct that would prohibit licensing or certification.

(b) In addition to subsection (a), it shall be unlawful for a security officer, armed security officer, or contract security company to do any of the following:

(1) Fail to comply with or violate this chapter and the rules of the board.

(2) Divulge to anyone other than his or her employer, unless required by law, any information that would jeopardize the property for which he or she is providing security.

(3) Fail to return his or her license or certification card, or license or certification of the contract security company, to the board, if required.

(4) Possess a certification card or licensure card issued to any other person.

(5) Use a badge or shield not in conformance with this chapter.
Ala. Code § 34-15C-13 — Alabama Code / Title 34 / Chapter 15C / Section 34-15C-13
Section 34-15C-13 Conflicts of Interest
Status: in_force

(a) The registered interior designer shall attempt to avoid all conflicts of interest with a client or employer. If a conflict of interest is unavoidable, the registered interior designer shall immediately inform the client or employer of any business association, interest, or circumstance which may influence the professional judgment, decisions, practices, or quality of services provided by the registered interior designer.

(b) The registered interior designer may not solicit or accept any gratuity, material favor, or benefit of any substantial nature from any party, agent, servant, or employee who is not a client or employer in connection with any project for which the registered interior designer is performing, or has contracted to perform, interior design services. This solicitation or acceptance includes, but is not limited to, any act, article, money, or other item which is of such value in proportion to the interior design services that its acceptance creates a clandestine obligation on the part of the registered interior designer or otherwise compromises the ability of the registered interior designer to exercise independent judgment.

(c) Notwithstanding subsection (b), a registered interior designer may receive a fee or commission for the sale or the supervision of installation of personal property or fixtures, but may not receive both a fee and a commission without the express consent of the client.
Ala. Code § 34-24-606 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-606
Section 34-24-606 Training Requirements
Status: in_force

Each physician serving as the medical director at a practice location shall meet at least one of the following requirements:

(1) Successful completion of a residency program in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, family practice, preventive medicine, internal medicine, surgery, orthopedics, or psychiatry approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association Bureau of Osteopathic Specialists.

(2) Board certification in physical medicine and rehabilitation, anesthesiology, addiction medicine, neurology, neurosurgery, family practice, preventive medicine, internal medicine, surgery, orthopedics, or psychiatry approved by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.

(3) Specialty certification in pain management, pain medicine, hospice and palliative medicine, geriatric medicine, rheumatology, hematology, medical oncology, gynecologic oncology, infectious disease, pediatric hematology-oncology, or pediatric rheumatology recognized by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists.

(4) Board certification by the American Board of Pain Medicine.

(5) Board certification by the American Board of Interventional Pain Physicians.

(6) At least one of the following:

a. Completion of 40 in-person, live participatory AMA PRA Category 1 Credit or AOA Category 1-A credits in the area of pain management completed within three years of implementation of this article or prior to serving as a medical director for the practice location, whichever of them is most recent.

b. Completion of a board approved course of medical education in the area of prescribing controlled substances completed within three years of implementation of this article or prior to serving as medical director for the practice location, whichever of them is most recent, and completion of 40 in-person, live participatory AMA PRA Category 1 Credit or AOA Category 1-A credits in the area of pain management within three years of commencement of service as medical director.
Ala. Code § 34-40-66 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-66
Section 34-40-66 Adverse Actions
Status: in_force

(a) A member state in which a licensee is issued a compact qualifying license shall have the exclusive authority to impose adverse action against the compact qualifying license issued by that member state.

(b) A member state may take adverse action based on current significant investigative information of a remote state, so long as the member state follows its own procedures for imposing adverse action.

(c) 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 and that such participation shall remain nonpublic if required by the member state’s laws or rules.

(d) A remote state shall have the authority to:

(1) Take adverse actions as set forth in this compact against a licensee’s compact privilege in that state; and

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

a. Subpoenas may be issued by a member state athletic training licensing authority for the attendance and testimony of witnesses and the production of evidence.

b. A member state which issues a subpoena may request service of that subpoena by another member state. The member state receiving the request to serve a subpoena shall serve the subpoena if the subpoena is deemed enforceable by a court of competent jurisdiction according to the practice and procedure in the receiving member state.

c. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.

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

(f) 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.

(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 current significant investigative information, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this compact. In sharing this information between member state athletic trainer licensing authorities, all information obtained shall be kept confidential, except as otherwise mutually agreed upon by the sharing and receiving member state or member states.

(3) A remote state may issue subpoenas on behalf of a member state for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.

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

(i) Nothing in this compact may permit a member state to take any adverse action against a licensee or holder of a compact privilege for conduct or practice occurring in another member state that was legal in the member state at the time it was undertaken.
Ala. Code § 34-37-12 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-12
Section 34-37-12 Revocation or Suspension of Certificate or Registration
Status: in_force

(a) The board may revoke or suspend any certificate or registration if obtained through concealment, misstatement, or misrepresentation of any material fact in the application for such certificate. The board may discipline any person as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand dollars ($2,000) for each violation. The board may also order restitution. Before a certificate or registration may be suspended or revoked, the holder thereof shall have notice in writing, enumerating the charges against him or her, and be entitled to a hearing by the board not sooner than five days from receipt of notice. The holder of the certificate or registration shall be given an opportunity to present testimony, oral or written, and right of cross-examination and representation by counsel. All testimony shall be given under oath. The board may administer oaths, issue subpoenas, and compel the attendance of witnesses.

(b) A certificate holder who has either entered into an agreement with the board regarding the resolution of a violation or other disciplinary action, or who has been ordered by the board to comply with the terms of a disciplinary judgment, shall satisfy all terms and conditions of the agreement or order and shall comply with the terms of a disciplinary judgment, including the payment of all fines, fees, restitution, and penalties, before recertification is granted or renewed.

(c) The decision of the board shall be based on the evidence produced at the hearing and made a part of the record thereof. The board may suspend any certificate or registration up to one year or may revoke the certificate or registration. The person whose certificate or registration has been revoked shall not be permitted to apply for a certificate or registration for one year from the date of revocation. No certification or registration shall be suspended or revoked unless the majority of the board members concur. Board procedure shall be the same as defined in the Alabama Administrative Procedure Act, Chapter 22 of Title 41. The board may establish additional procedures as needed, provided that any additional procedures are published and made public and are not in conflict with state law.
Ala. Code § 34-13-25 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-25
Section 34-13-25 Hearings to Be Public; Record of Proceedings
Status: in_force

All hearings provided for by this chapter shall be conducted pursuant to the Alabama Administrative Procedure Act.