Ala. Code § 34-14A-7 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-7
Section 34-14A-7 Applications for Issuance or Renewal of License; Records; Inactive License
Status: in_force

(a) Any residential home builder who desires to receive a new or renewal license under this chapter shall make and file with the board 30 days prior to the next meeting of the board a written application on a form prescribed by the board. Each applicant 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. The application shall be accompanied by the payment of the annual license fee required by the board. After the board accepts the application, the applicant may be examined by the board at its next meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant:

(1) Experience.

(2) Ability.

(3) Character.

(4) Business-related financial condition.

a. The board may require a financial statement on a form prescribed by the board and a public records search directly from a credit reporting agency.

b. The board may require a positive net worth or other evidence of business-related financial condition sufficient to reasonably satisfy the board of the applicant’s financial responsibility.

c. The board may require that business-related judgments, judgment liens, and other perfected liens must be satisfied and released.

d. Any information obtained by the board pursuant to this subsection relating to the financial condition of an applicant shall not be public information.

(5) Ability and willingness to serve the public and conserve the public health and safety.

(6) Any other pertinent information the board may require.

(b)(1) If the board finds the applicant qualified to engage in residential home building in Alabama, the applicant shall be issued a license. An applicant rejected by the board shall be given an opportunity to be reexamined after a new application has been filed and an additional application fee paid.

(2) A record shall be made and preserved by the board of each examination and the findings of the board pertaining to the examination. A copy of the record shall be made available to any applicant requesting it upon the payment of a reasonable fee to the board.

(c) The board, by rule, may require proof of and maintenance of insurance as a qualification for licensure.

(d) The board, by rule, may establish or adopt, or both, education requirements and may approve, administer, or financially support the program or programs providing residential construction education.

(e)(1) Each licensee shall notify the board within 10 days after notice of the institution of any criminal prosecution against him or her. The notification shall be in writing, by certified mail, and shall include a copy of the specific charge made together with a copy of the indictment, information, or complaint, affidavit, and warrant making the charges.

(2) Each licensee shall notify the board in writing by certified mail within 10 days after he or she receives notice that any criminal verdict has been rendered against him or her, or that a criminal action pending against him or her has been dismissed.

(f) Each licensee shall use a valid written contract when engaging in the business of residential home building. In addition to any other requirements provided by law, the contract shall contain the licensee’s license number issued by the board.

(g) Whenever a licensee engages in advertising, the licensee shall ensure that the licensee’s valid license number issued by the board is displayed.

(h) When any residential home building to be performed will comply with a program designed to enhance the resiliency of the structure beyond the requirements of the applicable building codes, the licensee shall disclose this compliance to the homeowner in writing prior to the commencement of the residential home building.

(i)(1) Any licensee who desires to receive an inactive license shall make and file with the board a written application for an inactive license on a form prescribed by the board prior to the expiration of his or her current license. The application shall be accompanied by the payment of the annual inactive license fee required by the board. No act for which a license is required may be performed under an inactive license. In the event a person holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).

(2) A person holding an expired license who seeks to reactivate his or her license within three years of the date of expiration shall be deemed to have satisfied the experience and ability requirements for licensure if the application is made within the three-year time period and all other licensing requirements pursuant to subsection (a) have been met.

(3) Any building official or building inspector who desires to receive an inactive license shall make and file with the board 30 days prior to the next meeting of the board a written application for an inactive license on a form prescribed by the board. After the board accepts the application, the applicant may be examined by the board at its next board meeting. The board, in examining the applicant, shall consider the following qualifications of the applicant as satisfying the experience and ability requirements for licensure:

a. That the building inspector is an employee of the United States, the State of Alabama, or any municipality, county, or other political subdivision and, by virtue of that employment, is exempted or prohibited by law from holding a license; and

b. That the building inspector does any of the following:

1. Maintains current certification from the Southern Building Code Congress International as one of the following:

(i) Chief building official.

(ii) Deputy building official.

(iii) Building inspector.

(iv) Housing inspector.

(v) Design professional.

(vi) Plan reviewer.

2. Maintains current certification from the International Code Council as one of the following:

(i) Certified building official.

(ii) Building inspector.

(iii) Residential building inspector.

(iv) Property maintenance and housing inspector.

(v) Building plans examiner.

(vi) Design professional.

3. Possesses sufficient building qualifications and experience to receive a license, as demonstrated by satisfactory evidence presented to the board.

(4) In the event a building official or building inspector holding a current inactive license applies for a license, he or she may rely upon his or her inactive license as evidence of the experience and ability requirements for licensure under subdivisions (1) and (2) of subsection (a).
Ala. Code § 34-3-4 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-4
Section 34-3-4 Disposition of Admission and License Fees
Status: in_force

All fees and licenses paid by applicants for admission as provided in this chapter and attorneys’ annual license fee levied by the revenue law shall be deposited in the State Treasury to the credit of the Alabama State Bar and constitute a separate fund to be disbursed as provided in Section 34-3-44.
Ala. Code § 34-27-7 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-7
Section 34-27-7 Real Estate Commission - Created; Composition; Qualifications of Members; Appointment; Terms; Compensation; Organization; Executive Director and Assistant Executive Director Generally; Seal; Records; Immunity from Suit
Status: in_force

(a) There is created the Alabama Real Estate Commission. The commission shall consist of nine members appointed by the Governor with the advice and consent of the Senate as hereinafter provided. The Governor’s appointments to the commission, except for the appointment of the consumer member made pursuant to subsection (e), shall be made from a list of three persons nominated by the governing body of the Alabama Professional Real Estate Society or trade association which has the largest licensee membership, as evidenced by the filing of a verified list of paid members with the Secretary of State within 10 days of April 6, and annually by December 31 of each year thereafter. At least one of the persons nominated for each commission seat shall not be a member of the Real Estate Society or trade association. The Governor shall appoint one of the three nominated persons within 30 days following receipt of the list. If the Governor does not make an appointment within 30 days, the said Real Estate Society or trade association shall provide the Governor a list of three additional nominees. The Governor, upon receipt of the second list of nominees, shall appoint one of the six nominees within 30 days following receipt of the nominees. Appointments made at times when the Senate is not in session shall be effective ad interim. Any appointment made by the Governor while the Senate is in session shall be submitted not later than the third legislative day following the date of appointment. Any appointment made while the Senate is not in session shall be submitted not later than the third legislative day following the reconvening of the Legislature.

(b) Ad interim appointments may be made by the Governor when the Legislature is not in session only for vacancies occurring by reason of death or resignation of a board member. Ad interim appointments shall be confirmed by the Senate at the next following regular or special session of the Legislature. Failure by the Senate to confirm shall result in a vacancy on the board that shall be filled by appointment by the Governor and confirmation by the Senate while the Legislature is in session. Any vacancy not acted upon shall remain a vacancy until it is filled at a subsequent session of the Legislature in the manner prescribed in this section.

(c) Each of the original seven appointees and their successors shall have been a resident and citizen of this state for at least 10 years prior to his or her appointment and whose vocation for at least 10 years shall have been that of a real estate broker or real estate salesperson. No person convicted of a violation of any federal or state real estate license law shall be eligible to serve. Not more than one member from any United States Congressional District shall be appointed to serve at the same time. The members of the commission shall serve five-year terms. On and after April 7, 1988, no member shall serve for more than two consecutive terms of office, except, however, each member shall hold office until his or her successor is appointed by the Governor and confirmed by the Senate. The period of time any member serves after the expiration of his or her term of office while awaiting the appointment and Senate confirmation of his or her successor shall not be considered as a consecutive term of office in determining the two consecutive terms of office limitation herein provided. All appointments shall expire on September 30 of the final year of a term, or on the date a successor to the member is appointed and confirmed. If a member does not serve his or her full term, the Governor shall appoint, in the same manner as original appointments are made, subject to confirmation by the Senate, a member to serve the unexpired portion of the term.

(d) On September 30, 1988, the Governor shall appoint one new member to the commission, subject to the confirmation of the Senate, who shall be a Black member who meets all of the other requirements of subsection (c), who shall serve no more than two consecutive terms of office, who shall be a full voting member, and who may be appointed from any congressional district in the state. Each successor Black member shall be appointed from a different congressional district, to be rotated equally among the remaining congressional districts.

(e) On October 1, 1996, the Governor shall appoint one new member to the commission, subject to the confirmation of the Senate, who shall be a consumer member. The consumer member of the commission shall serve no more than two consecutive terms of office, shall be a full voting member, and shall be initially appointed from any congressional district in the state. Each successor consumer member shall be appointed from a different congressional district, on a rotating basis, among the remaining congressional districts. The consumer member shall meet all of the following requirements, that he or she:

(1) Is 21 years of age or older.

(2) Has been a resident and citizen of this state for at least 10 years prior to appointment.

(3) Is a registered voter in this state.

(4) Has no felony convictions.

(5) Is the owner of real property.

(6) Has not been a licensed real estate broker or salesperson for the 10 years preceding appointment.

(7) Is not related to, by blood or marriage, or employed by, a real estate licensee.

(f) On the appointment of a new commissioner, the commission shall meet and select from its members a chair.

(g) Each member of the commission shall receive as full compensation three hundred dollars ($300) per month. The members of the commission, its staff, and attorneys shall receive the same per diem and travel allowance paid to state employees for each day they meet to conduct the official business of the commission.

(h) The commission may employ an executive director and an assistant executive director, both of whom shall be exempted from the classified service under the general laws of the state, and other staff members necessary to discharge its duties and administer this chapter. The executive director and assistant executive director shall be employed on the basis of their education, experience, and skills in administration and management. The commission shall advertise to seek quality applicants possessing the qualifications and shall conduct interviews of the top applicants. The assistant executive director shall act as and have authority of the executive director in his or her absence. The commission shall determine the duties and fix the compensation of the executive director, assistant executive director, and other staff members, subject to the general laws of the state.

(i) The commission shall adopt a seal by which it shall authenticate records and documents. Copies of all records and documents in the office of the commission duly certified and authenticated by the seal of the commission shall be received in evidence in all courts equally and with the same effect as the original. All public records kept in the office of the commission shall be open to public inspection during reasonable hours and under reasonable circumstances.

(j) No commissioner shall be liable for damages resulting from any act performed in carrying out his or her duties as a commissioner.
Ala. Code § 34-34B-2 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-2
Section 34-34B-2 Definitions
Status: in_force

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

(1) ACEND. The Accreditation Council for Education in Nutrition and Dietetics or its successor organization.

(2) ACTIVE MILITARY MEMBER. Any individual with full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.

(3) ADVERSE ACTION. Any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on a licensure affecting a licensee’s authorization to practice, including issuance of a cease and desist action.

(4) ALTERNATIVE PROGRAM. A nondisciplinary monitoring or practice remediation process approved by a licensing authority.

(5) CDR. The Commission on Dietetic Registration or its successor organization.

(6) CHARTER MEMBER STATE. Any member state which enacted this compact by law before the effective date specified in Section 34-34B-12.

(7) COMPACT COMMISSION. The governmental agency whose membership consists of all states that have enacted this compact, which is known as the Dietitian Licensure Compact Commission, as described in Section 34-34B-8, and which shall operate as an instrumentality of the member states.

(8) COMPACT PRIVILEGE. A legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.

(9) CONTINUING EDUCATION. A requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.

(10) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION. a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

b. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether he or she has been notified and had an opportunity to respond.

(11) DATA SYSTEM. A repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action information.

(12) ENCUMBERED LICENSE. A license in which an adverse action restricts a licensee’s ability to practice dietetics.

(13) ENCUMBRANCE. A revocation or suspension of, or any limitation on, a licensee’s full and unrestricted practice of dietetics by a licensing authority.

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

(15) HOME STATE. The member state that is the licensee’s primary state of residence or that has been designated pursuant to Section 34-34B-6.

(16) INVESTIGATIVE INFORMATION. Information, records, and documents received or generated by a licensing authority pursuant to an investigation.

(17) JURISPRUDENCE REQUIREMENT. An assessment of an individual’s knowledge of the state laws and rules governing the practice of dietetics in that state.

(18) LICENSE. An authorization from a member state to do one of the following:

a. Engage in the practice of dietetics, including medical nutrition therapy.

b. Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,” “certified dietitian,” or other title describing a substantially similar practitioner as the compact commission may further define by rule.

(19) LICENSEE or LICENSED DIETITIAN. An individual who currently holds a license and who meets all of the requirements outlined in Section 34-34B-4.

(20) LICENSING AUTHORITY. The board or agency of a state, or equivalent, that is responsible for the licensing and regulation of the practice of dietetics.

(21) MEMBER STATE. A state that has enacted the compact.

(22) PRACTICE OF DIETETICS. The synthesis and application of dietetics, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage, or treat diseases or medical conditions and promote wellness.

(23) REGISTERED DIETITIAN. A person who meets all of the following requirements:

a. Has completed applicable education, experience, examination, and recertification requirements approved by CDR.

b. Is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist.

c. Is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations “RD” or “RDN.”

(24) REMOTE STATE. A member state other than the home state, where a licensee is exercising or seeking to exercise a compact privilege.

(25) RULE. A regulation adopted by the compact commission that has the force of law.

(26) SINGLE-STATE LICENSE. A license issued by a member state within the issuing state. The term does not include a compact privilege in any other member state.

(27) STATE. Any state, commonwealth, district, or territory of the United States of America.

(28) UNENCUMBERED LICENSE. A license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.
Ala. Code § 34-34B-1 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-1
Section 34-34B-1 Purpose
Status: in_force

(a) The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals.

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

(1) Increase public access to dietetics services.

(2) Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements.

(3) Eliminate the necessity for licenses in multiple states.

(4) Reduce the administrative burden on member states and licensees.

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

(6) Encourage the cooperation of member states in regulating multistate practice of licensed dietitians.

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

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

(9) Vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.
Ala. Code § 34-24-75 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-75
Section 34-24-75 Certain Certificates Issued Without Examination
Status: in_force

(a) The State Board of Medical Examiners may, in its discretion and subject to rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of full-time employed physicians teaching in any medical college in Alabama, approved by the Association of American Medical Colleges or the board. The dean of the medical college located in this state shall be required to annually certify to the board the names of members of the college’s faculty who have not had issued in their behalf a certificate of qualification by the board and who, in the opinion of the dean, possess the qualifications as the board has or may prescribe including qualifications in the basic sciences, medical education, and other qualifications. The dean, in submitting the certificate of qualifications, shall submit, in addition to the certificate and other information required, a dossier on the applicant to include the following: Name, place of birth, all places of residence, race, religious beliefs, any convictions of any crimes, education showing institution degrees, medical training degrees and experience, internships by years and place, and any other honorary degrees or recognitions. The dean shall include any other remarks appropriate. The statement shall be signed by the applicant under oath. The dean shall verify the records including the last statement upon “information and belief.” The record shall be public records and shall be submitted to the board and kept as permanent records for the use of the board and for public inspection for due cause. If the board concurs in the opinion of the dean, the board may waive any requirement of examination or citizenship, but teacher applicants must be at least 21 years of age and of good moral character. Physicians having certificates issued hereunder must limit their practice to the confines of the medical center of which the medical college is a part, and as an adjunct to their teaching functions in that college. Certification will be automatically withdrawn and automatically expires without notice when full-time employment is terminated. The State Board of Medical Examiners shall make rules and regulations it considers necessary to carry out the purpose of this section. Certificates issued hereunder and licenses based thereon shall state on their face that the practice is limited to the confines of a particular medical center of which a certain medical college is a part and are issued pro forma without examination. Teaching physicians in whose behalf a certificate of qualification is issued hereunder shall be subject to having their certificates of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Teaching physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Teaching physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the medical center in which he or she is employed and any practice or attempt to practice medicine outside the confines of that medical center shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.

(b) The State Board of Medical Examiners may, in its discretion and subject to rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of any physician employed full-time at any state penal institution or any state mental institution or any other state institution approved by the Board of Medical Examiners. Physicians having certificates issued hereunder must limit their practice to the confines of the institution in which they are employed. Certification will be automatically withdrawn and automatically expires without notice when full-time employment is terminated. The State Board of Medical Examiners shall make rules and regulations it considers necessary to carry out the purpose of this section. Certificates issued hereunder and licenses based thereon shall state on their face that the practice is limited to the confines of a state institution and are issued pro forma without examination. Physicians in whose behalf a certificate of qualification is issued hereunder shall be subject to having their certificates of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the institution in which he or she is employed and any practice or attempt to practice medicine outside the confines of that institution shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.

(c) The State Board of Medical Examiners may, in its discretion and subject to the rules and regulations promulgated by the board, issue a certificate of qualification without examination in behalf of physicians enrolled in a residency training program approved by the board. The board shall also have the authority to require the verification and certification it deems necessary to insure that the applicant is qualified for a certificate of qualification. Physicians having certificates issued hereunder must limit their practice to the confines of the institution in which they are placed pursuant to their training program. Certification will be automatically withdrawn and automatically expires without notice when the physician is no longer enrolled in the training program. The State Board of Medical Examiners shall promulgate rules and regulations it considers necessary to carry out the intent of this subsection. Certificates issued hereunder and licenses based thereon shall state on their faces that the practice is limited to the confines of the institution in which the physician is placed pursuant to his or her training program and shall specifically name that institution. Certificates issued hereunder and licenses based thereon shall also state on their faces that they are issued pro forma without examination. Any physician in whose behalf a certificate of qualification is issued hereunder shall be subject to having his or her certificate of qualification suspended or revoked by the board for the same causes or reasons and in the same manner as is provided by law in the case of other physicians. Certificates of qualification issued under this subsection shall expire annually. Physicians may apply to the Board of Medical Examiners to renew their certificates of qualification, but the board shall have full discretion to accept or reject the application for renewal. Physicians to whom a certificate is issued under this subsection shall be required to pay the board for the initial certificate the same amount of fees as are now or as may be required of applicants for a certificate by endorsement. Fees charged by the board for renewal of certificates issued under this subsection shall not exceed $15. Nothing in this subsection shall be construed so as to authorize any physician certified hereunder to practice medicine in any manner outside the confines of the institution in which he or she is placed pursuant to this training program and any practice or attempt to practice medicine outside the confines of an institution shall result in the immediate and automatic revocation without notice of any certificate of qualification issued pursuant to this subsection.
Ala. Code § 34-13-205 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-205
Section 34-13-205 Construction of Article
Status: in_force

The provisions of this chapter are cumulative to rights under the general civil and common law, and no action of the board may abrogate the rights to damages or other relief in any court.
Ala. Code § 34-24-193 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-193
Section 34-24-193 Board of Physical Therapy - Powers and Duties; Certification Fee; Administrative Fines; Impaired Practitioner Program
Status: in_force

(a) The board shall have the following duties:

(1) To pass upon the qualifications of applicants for licensing as physical therapists or physical therapist assistants .

(2) To conduct examinations .

(3) To issue licenses and license renewals to physical therapists and physical therapist assistants qualifying under this article .

(4) To suspend or revoke as necessary the license or compact privilege of such individuals .

(b) The board shall adopt rules not inconsistent with law as it may deem necessary for the performance of its duties , however the board shall not adopt any rules that require a physical therapist assistant to be within sight of a consulting physical therapist or a physical therapist supervisor while working under the direction of that physical therapist , or adopt any rules or issue any orders inconsistent with Section 34-24-217(b). The board shall maintain a listing of the name of every living physical therapist and physical therapist assistant licensed or granted a compact privilege in this state, his or her last known place of business and last known place of residence, and the date and number of his or her license.

(c) The board shall compile a list of physical therapists and physical therapist assistants licensed to practice or granted a compact privilege in this state, and the list shall be available to any person upon application to the board and the payment of a fee as may be fixed by the board.

(d) The board may establish and collect a fee for the issuance of a compact privilege.

(e) Subject to the provisions of Section 34-24-195, the board may make such expenditures and employ such personnel as it may deem necessary for the administration of this article.

(f) The board shall hire and establish the responsibilities and salary of an executive director.

(g) The board may establish and collect a fee for certifying to other boards or entities that a licensee is a member in good standing with the Alabama board.

(h) The board may collect a fee from providers of continuing education programs.

(i) The board may discipline its licensees and compact privilege holders 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.

(j)(1) The board shall provide for an impaired practitioner program beginning January 1, 2014.

(2) The board shall promote the early identification, intervention, treatment, and rehabilitation of physical therapy licensees or compact privilege holders who may be impaired by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition.

(3) In order to carry out this obligation , the board may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining a committee to be designated the Alabama Physical Therapy Wellness Committee. The committee shall be selected in a manner prescribed by the board. The board may expend available funds as necessary to adequately provide for the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, and personnel expense. The funds provided by the board for the purpose of operating expenses are not subject to any provision of law requiring competitive bidding.

(4) The board may enter into an agreement with a nonprofit corporation or medical professional association for the committee to undertake those functions and responsibilities specified in the agreement, which may include any or all of the following:

a. Contracting with providers of treatment programs.

b. Receiving and evaluating reports of suspected impairment from any source.

c. Intervening in cases of verified impairment.

d. Referring impaired physical therapy licensees or compact privilege holders to treatment programs.

e. Monitoring the treatment and rehabilitation of impaired physical therapy licensees or compact privilege holders .

f. Providing post-treatment monitoring and support of rehabilitated impaired physical therapy licensees or compact privilege holders .

g. Performing other activities as agreed by the board and the committee.

(5) The committee shall develop procedures in consultation with the board for all of the following:

a. Periodic reporting of statistical information regarding impaired physical therapy licensee program activity.

b. Periodic disclosure and joint review of all information the board deems appropriate regarding reports received, contracts or investigations made, and the disposition of each report. The committee may not disclose any personally identifiable information except as otherwise provided in this article.

(6) Any individual appointed to serve as a member of the committee and any auxiliary personnel, consultant, attorney, or other volunteer or employee of the committee taking any action authorized by this article, engaging in the performance of any duties on behalf of the committee, or participating in any administrative or judicial proceeding resulting therefrom, in the performance and operation thereof, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any nonprofit corporation or medical professional association or other entity that contracts with or receives funds from the board for the creation, support, and operation of the committee, in so doing, shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

(7) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the committee and any findings, conclusions, recommendations, or reports resulting from any investigation, intervention, treatment, or rehabilitation, or other proceeding of the committee is privileged and confidential. All records and proceedings of the committee pertaining to an impaired physical therapy licensee or compact privilege holder are confidential and shall be used by the committee and the members of the committee only in the exercise of the proper function of the committee and shall not be public record nor available for court subpoena or for discovery proceedings. In the event of a breach of contract between the committee and the impaired physical therapy licensee or compact privilege holder , all records pertaining to the conduct determined to cause the breach of contract shall be disclosed to the board upon its request for disciplinary purposes only. Nothing contained in this subdivision shall apply to records made in the regular course of business of a physical therapy licensee and any information, document, or record otherwise available from an original source is not to be construed as immune from discovery or use in any civil proceeding merely because it is presented or considered during proceedings of the committee.

(8) The committee shall render an annual report to the board concerning the operations and proceedings of the committee for the preceding year. The committee shall report to the board any physical therapy licensee or compact privilege holder who in the opinion of the committee is unable to perform physical therapy duties with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances, or as a result of any physical or mental condition when it appears that the physical therapy licensee or compact privilege holder is currently in need of intervention, treatment, or rehabilitation and the individual has failed or refused to participate in any program of treatment or rehabilitation recommended by the committee. A report to the Alabama committee shall be deemed a report to the board for the purposes of any mandated reporting of impairment of a licensee or compact privilege holder otherwise provided for by law.

(9) If the board has reasonable cause to believe that a physical therapy licensee or compact privilege holder is impaired, the board may cause an evaluation of that individual to be conducted by the committee for the purpose of determining if there is an impairment. The committee shall report the findings of its evaluation to the board.
Ala. Code § 34-5A-3 — Alabama Code / Title 34 / Chapter 5A / Section 34-5A-3
Section 34-5A-3 Composition of Board; Compensation; Meetings; Rules and Fees; Investigations; Alabama Behavior Analyst Licensing Board Fund
Status: reserved

(a)(1) Commencing on February 26, 2026, the Alabama Behavior Analyst Licensing Board established within the Department of Mental Health is renamed the Alabama Behavior Analyst Advisory Council. The purpose of the advisory council is to advise the department on all matters pertaining to the protection of the health, safety, and welfare of the public relating to licensed behavior analysts, licensed assistant behavior analysts, and the practice of behavior analysis. All members serving on the Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue to serve as members of the Alabama Behavior Analyst Advisory Council until the expiration of their terms.

(2) Commencing on February 26, 2026, all rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Behavior Analyst Licensing Board, or in any other name by which that board has been known, shall transfer to the department. Any reference to the former Alabama Behavior Analyst Licensing Board, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Behavior Analyst Advisory Council as created in this chapter. All actions of the former Alabama Behavior Analyst Licensing Board or the executive director of the former board taken before February 26, 2026, are approved, ratified, and confirmed.

(3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Behavior Analyst Licensing Board on February 26, 2026, shall continue under the jurisdiction of the department.

(4) The department shall provide all of the following for the performance of the duties of the advisory council:

a. Financial services.

b. Legal services.

c. Dedicated office space within the office of the State Autism Coordinator.

d. An administrative assistant who is shared or dedicated to the advisory council and other personnel as necessary for the efficient operation of the advisory council.

e. Information technology services that shall include one or more dedicated phone lines, dedicated email addresses for advisory council members and staff, and website maintenance.

f. Necessary office furniture and supplies.

(b) The advisory council shall consist of seven members, including four licensed behavior analysts, one licensed psychologist in the state, one parent or legal guardian of an individual who has been or is being treated for a behavior disorder or an individual who has received services from a licensed behavior analyst, and one public member who shall be appointed by the Mental Health Commissioner. The Mental Health Commissioner shall coordinate his or her appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Each member of the advisory council shall serve a three-year term, with initial terms being staggered so that one member serves an initial term of one year, three members serve initial terms of two years, and three members serve initial terms of three years, as provided by the Mental Health Commissioner. The public member shall be an individual who is not and never was a member of any profession licensed or regulated under this chapter, or the spouse of the individual, and who does not have and never has had a material interest in the practice of behavior analysis.

(c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Mental Health Commissioner, upon recommendation of the advisory council.

(d) No member shall serve more than two successive three-year terms.

(e) A member shall serve until a successor is appointed and assumes office.(a)(1) Commencing on the effective date of the act adding this amendatory language, the Alabama Behavior Analyst Licensing Board established within the Department of Mental Health is renamed the Alabama Behavior Analyst Advisory Council. The purpose of the advisory council is to advise the department on all matters pertaining to the protection of the health, safety, and welfare of the public relating to licensed behavior analysts, licensed assistant behavior analysts, and the practice of behavior analysis. All members serving on the Alabama Behavior Analyst Licensing Board on the effective date of the act adding this amendatory language shall continue to serve as members of the Alabama Behavior Analyst Advisory Council until the expiration of their terms.

(2) Commencing on the effective date of the act adding this amendatory language, all rights, duties, records, property, real or personal, and all other effects existing in the name of the Alabama Behavior Analyst Licensing Board, or in any other name by which that board has been known, shall transfer to the department. Any reference to the former Alabama Behavior Analyst Licensing Board, or any other name by which that board has been known, in any existing law, contract, or other instrument shall constitute a reference to the Alabama Behavior Analyst Advisory Council as created in this chapter. All actions of the former Alabama Behavior Analyst Licensing Board or the executive director of the former board taken before the effective date of the act adding this amendatory language, are approved, ratified, and confirmed.

(3) The status of any individual or entity properly licensed, accredited, or registered by the former Alabama Behavior Analyst Licensing Board on the effective date of the act adding this amendatory language, shall continue under the jurisdiction of the department.

(4) The department shall provide all of the following for the performance of the duties of the advisory council:

a. Financial services.

b. Legal services.

c. Dedicated office space within the office of the State Autism Coordinator.

d. An administrative assistant who is shared or dedicated to the advisory council, and other personnel as necessary for the efficient operation of the advisory council.

e. Information technology services that shall include one or more dedicated phone lines, dedicated email addresses for advisory council members and staff, and website maintenance.

f. Necessary office furniture and supplies.

(b) The advisory council shall consist of seven members, including four licensed behavior analysts, one licensed psychologist in the state, one parent or legal guardian of an individual who has been or is being treated for a behavior disorder or an individual who has received services from a licensed behavior analyst, and one public member who shall be appointed by the Mental Health Commissioner. The Mental Health Commissioner shall coordinate his or her appointments to assure the advisory council membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Each member of the advisory council shall serve a three-year term, with initial terms being staggered so that one member serves an initial term of one year, three members serve initial terms of two years, and three members serve initial terms of three years, as provided by the Mental Health Commissioner. The public member shall be an individual who is not and never was a member of any profession licensed or regulated under this chapter, or the spouse of the individual, and who does not have and never has had a material interest in the practice of behavior analysis.

(c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Mental Health Commissioner, upon recommendation of the advisory council.

(d) No member shall serve more than two successive three-year terms.

(e) A member shall serve until a successor is appointed and assumes office.

(f) Members shall be paid out of the funds of the department the same per diem as prescribed by law for state employees for each day of attendance of advisory council business.

(g) The advisory council shall meet at least quarterly and may meet at other times as necessary, at the call of the chair or by a majority of the members of the advisory council, to complete the business required. Members of the advisory council may participate in a regular meeting of the board by means of telephone conference, video conference, or similar communications equipment pursuant to the Alabama Open Meetings Act, Chapter 25A of Title 36.

(h) The department shall adopt and revise rules pursuant to the Administrative Procedure Act as necessary for the department to implement this chapter. All administrative rules of the former Alabama Behavior Analyst Licensing Board existing on the effective date of the act adding this amendatory language, which reference this chapter, unless in conflict with existing law, shall remain in effect as rules of the Alabama Behavior Analyst Advisory Council until amended or repealed by the department.

(i) The department shall investigate all complaints relating to the practice of behavior analysis by any licensed behavior analyst, licensed assistant behavior analyst, or any individual alleged to be practicing or providing supervision without a state license.

(1) The department may fine, censure, revoke or deny a license, place on probation, reprimand, or otherwise discipline a licensee on any of the following grounds:

a. Conviction of a crime that the department, by rule, determines to be of a nature as to render the individual convicted unfit to practice as a behavior analyst.

b. Violation of the professional and ethical compliance code or the rules adopted pursuant to this chapter.

c. Fraud or misrepresentation in obtaining a license.

(2) The Mental Health Commissioner may summarily suspend the license of a licensee who the Mental Health Commissioner determines poses an imminent danger to the public. A hearing shall be held within 10 days after the suspension to determine whether the summary action was warranted.

(3) No license may be denied, suspended, or revoked or an individual otherwise disciplined without prior notice and opportunity for hearing, except that the Mental Health Commissioner, without prior notice of hearing, may take action against any individual convicted of a crime listed in paragraph (1)a. No license may be denied, suspended, or revoked or an individual otherwise disciplined by the Mental Health Commissioner pursuant to this section without a recommendation from the advisory council.est in the practice of behavior analysis.

(c) Any vacancy occurring other than by expiration of terms shall be filled for the remainder of the unexpired term by appointment by the Mental Health Commissioner, upon recommendation of the advisory council.

(d) No member shall serve more than two successive three-year terms.

(e) A member shall serve until a successor is appointed and assumes office.

(f) Members shall be paid out of the funds of the department the same per diem as prescribed by law for state employees for each day of attendance of advisory council business.

(g) The advisory council shall meet at least quarterly and may meet at other times as necessary, at the call of the chair or by a majority of the members of the advisory council, to complete the business required. Members of the advisory council may participate in a regular meeting by means of telephone conference, video conference, or similar communications equipment pursuant to the Alabama Open Meetings Act, Chapter 25A of Title 36.

(h) The department shall adopt and revise rules pursuant to the Administrative Procedure Act as necessary for the department to implement this chapter. All administrative rules of the former Alabama Behavior Analyst Licensing Board existing on February 26, 2026, which reference this chapter, unless in conflict with existing law, shall remain in effect as rules of the Alabama Behavior Analyst Advisory Council until amended or repealed by the department.

(i) The department shall investigate all complaints relating to the practice of behavior analysis by any licensed behavior analyst, licensed assistant behavior analyst, or any individual alleged to be practicing or providing supervision without a state license.

(1) The department may fine, censure, revoke or deny a license, place on probation, reprimand, or otherwise discipline a licensee on any of the following grounds:

a. Conviction of a crime that the department, by rule, determines to be of a nature as to render the individual convicted unfit to practice as a behavior analyst.

b. Violation of the professional and ethical compliance code or the rules adopted pursuant to this chapter.

c. Fraud or misrepresentation in obtaining a license.

(2) The Mental Health Commissioner may summarily suspend the license of a licensee who the Mental Health Commissioner determines poses an imminent danger to the public. A hearing shall be held within 10 days after the suspension to determine whether the summary action was warranted.

(3) No license may be denied, suspended, or revoked or an individual otherwise disciplined without prior notice and opportunity for hearing, except that the Mental Health Commissioner, without prior notice of hearing, may take action against any individual convicted of a crime listed in paragraph (1)a. No license may be denied, suspended, or revoked or an individual otherwise disciplined by the Mental Health Commissioner pursuant to this section without a recommendation from the advisory council.

(4) Any person may file a complaint with the Mental Health Commissioner seeking the denial, suspension, or revocation of a license issued or pending issuance by the department, or seeking to otherwise discipline an individual for any violation of this chapter or rules adopted pursuant to this chapter. Complaints shall be in a form prescribed by the Mental Health Commissioner. If the Mental Health Commissioner determines that a complaint alleges facts that, if true, would require disciplinary action or denial, revocation, or suspension of a license, the Mental Health Commissioner shall promptly institute a hearing. If the advisory council determines that a complaint does not allege facts that warrant a hearing, the complaint may be dismissed by the Mental Health Commissioner. The Mental Health Commissioner, on his or her own motion, may institute a hearing for disciplinary action or for the denial, suspension, or revocation of a license.

(5) Any individual whose license has been suspended or revoked may apply to the Mental Health Commissioner for vacation of the suspension or reinstatement of his or her license.

(j) Upon finding that an individual governed by this chapter has practiced as a behavior analyst, advertised that he or she performs as a behavior analyst, or utilized a title or description denoting that he or she is a behavior analyst without first having obtained a license, the Mental Health Commissioner may do any of the following:

(1) Impose an administrative fine.

(2) Issue a cease and desist order.

(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.

(k) A majority of the membership of the advisory council shall constitute a quorum.

(l) The advisory council shall elect a chair from among its membership on an annual basis.

(m) Commencing on February 26, 2026, the name of the separate special revenue fund in the State Treasury known as the Alabama Behavior Analyst Licensing Board Fund shall be renamed and then known as the Alabama Behavior Analyst Advisory Council Fund. All receipts collected by the department pursuant to this chapter shall be deposited into this fund and used by the department to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.

(n) The department may collaborate and partner with the DRS to implement this chapter.ior notice and opportunity for hearing, except that the Mental Health Commissioner, without prior notice of hearing, may take action against any individual convicted of a crime listed in paragraph (1)a. No license may be denied, suspended, or revoked or an individual otherwise disciplined by the Mental Health Commissioner pursuant to this section without a recommendation from the advisory council.

(4) Any person may file a complaint with the Mental Health Commissioner seeking the denial, suspension, or revocation of a license issued or pending issuance by the department, or seeking to otherwise discipline an individual for any violation of this chapter or rules adopted pursuant to this chapter. Complaints shall be in a form prescribed by the Mental Health Commissioner. If the Mental Health Commissioner determines that a complaint alleges facts that, if true, would require disciplinary action or denial, revocation, or suspension of a license, the Mental Health Commissioner shall promptly institute a hearing. If the advisory council determines that a complaint does not allege facts that warrant a hearing, the complaint may be dismissed by the Mental Health Commissioner. The Mental Health Commissioner, on his or her own motion, may institute a hearing for disciplinary action or for the denial, suspension, or revocation of a license.

(5) Any individual whose license has been suspended or revoked may apply to the Mental Health Commissioner for vacation of the suspension or reinstatement of his or her license.

(j) Upon finding that an individual governed by this chapter has practiced as a behavior analyst, advertised that he or she performs as a behavior analyst, or utilized a title or description denoting that he or she is a behavior analyst without first having obtained a license, the Mental Health Commissioner may do any of the following:

(1) Impose an administrative fine.

(2) Issue a cease and desist order.

(3) Petition the circuit court of the county where the act occurred to enforce the cease and desist order and collect the assessed fine.

(k) A majority of the membership of the advisory council shall constitute a quorum.

(l) The advisory council shall elect a chair from among its membership on an annual basis.

(m) Commencing on the effective date of the act adding this amendatory language, the name of the separate special revenue fund in the State Treasury known as the Alabama Behavior Analyst Licensing Board Fund shall be renamed and then known as the Alabama Behavior Analyst Advisory Council Fund. All receipts collected by the department pursuant to this chapter shall be deposited into this fund and used by the department to carry out this chapter. Receipts shall be disbursed only by warrant of the Comptroller. No funds shall be withdrawn except as budgeted and allotted according to Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41, and only in amounts as stipulated in the general appropriations bill or other appropriations bills.

(n) The department may collaborate and partner with the DRS to implement this chapter.
Ala. Code § 34-13-203 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-203
Section 34-13-203 Violations and Penalties
Status: in_force

(a)(1) A person who knowingly receives payments for a preneed contract without having a valid certificate of authority:

a. Commits a Class B felony as to each contract on which the payments collected equal or exceed, in the aggregate, two thousand five hundred dollars ($2,500).

b. Commits a Class C felony as to each contract on which the payments collected are between, in the aggregate, five hundred dollars ($500) and two thousand five hundred dollars ($2,500).

c. Commits a Class A misdemeanor as to each contract on which the payments collected do not exceed, in the aggregate, five hundred dollars ($500).

(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), a person may not thereafter obtain a certificate of authority or register as a preneed sales agent.

(b)(1) A person who willfully fails to timely deposit the amount required to be so deposited under this chapter in a preneed merchandise and services trust or endowment care trust:

a. Commits a Class B felony as to each contract on which the amount due for deposit in trust equals or exceeds, in the aggregate, two thousand five hundred dollars ($2,500).

b. Commits a Class C felony as to each contract on which the amount due for deposit in trust is less than, in the aggregate, two thousand five hundred dollars ($2,500).

(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), the certificate of authority or preneed sales agent registration held by the person shall be automatically revoked and the person may not thereafter obtain a certificate of authority or register as a preneed sales agent.

(c)(1) A person who knowingly withdraws funds or assets from a preneed merchandise and services trust or endowment care trust in a manner or under circumstances not authorized by this chapter or rule of the board :

a. Commits a Class B felony if the aggregate amount withdrawn in any single transaction or series of related transactions equals or exceeds two thousand five hundred dollars ($2,500).

b. Commits a Class C felony if the aggregate amount withdrawn in any single transaction or series of related transactions is less than two thousand five hundred dollars ($2,500).

(2) In addition to the criminal penalty imposed under subdivision (1), upon conviction of an offense under subdivision (1), the certificate of authority or preneed sales agent registration held by the person shall be automatically revoked and the person may not thereafter obtain a certificate of authority or register as a preneed sales agent.

(d) A person commits a Class C felony if any of the following occur:

(1) The person knowingly delivers to the board any official form, report, record, data, or other document required by the board containing a false statement or false information concerning a matter material to the board in the exercise of its authority to administer and enforce this chapter.

(2) Incident to, or during the course of, an examination, inspection, investigation, or other inquiry authorized by this chapter, the person knowingly makes available to a representative of the board any official form, report, record, data, or other document required by the board containing a false statement or false information concerning a matter material to the purpose of the examination, inspection, investigation, or inquiry.

(3) With respect to the business records of a person engaging in, or who has at any time engaged in, the sale of a preneed contract, a person, with a purpose to use deception as defined in Section 13A-8-1, makes false entries in the records or alters, erases, obliterates, deletes, or removes a correct entry in the records, fails to make a correct entry in the records, or prevents the making of a correct entry, or causes the omission of a correct entry in the records.

(e) Except as otherwise provided in this chapter , the willful violation of this chapter is a Class A misdemeanor .
Ala. Code § 34-25A-3 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-3
Section 34-25A-3 Definitions
Status: in_force

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

(1) ACCREDITED FACILITY. A facility where prosthetic, orthotic, prosthetic and orthotic, or pedorthic care is provided to patients needing such care and has met the requirements of the board for such designation. The board shall require that all accredited facilities meet the requirements of a national certifying board, recognized by the state board in prosthetics, orthotics, and pedorthics. The requirements may include custom and non-custom items the board may determine are necessary to perform quality care and are typical in the course of business.

(2) ACCREDITED PEDORTHIC FACILITY. A facility where pedorthic care may be provided that has met the requirements of the board for such designation. An accredited pedorthic facility shall contain a site that includes at least the following equipment: Sanding/grinding equipment suitable for use, an oven for plastics and foams used in the fabrication of pedorthic devices, and a vacuum device for forming pedorthic devices.

(3) AUTHORIZED HEALTH CARE PRACTITIONER. A physician licensed to practice medicine or a person licensed or authorized to practice podiatry pursuant to Article 6, commencing with Section 34-24-230, of Chapter 24.

(4) BOARD. The Alabama State Board of Prosthetists and Orthotists.

(5) CHIROPRACTOR. A person licensed and acting within the definition as found in Section 34-24-120.

(6) MASTECTOMY FITTER. A health care professional who is specifically educated and trained in the provision of breast prostheses and post-mastectomy services, including patient assessment, formulation of a treatment plan, implementation of the treatment plan, and follow-up and practice management, which is consistent with national programs approved by the state board.

(7) OCCUPATIONAL THERAPIST/OCCUPATIONAL THERAPIST ASSISTANT/OCCUPATIONAL THERAPIST AIDE. A person who is licensed as an occupational therapist, or occupational therapy assistant, or occupational therapy aide as defined in Section 34-39-3.

(8) ORTHOSIS. A custom-fabricated, definitive brace or support that is designed for long-term use. Custom-fabricated orthoses, also known as custom-made orthoses, are devices designed and made from raw materials or commercially available components for a specific patient and require the generation of an image, form, or mold that replicates the patient’s body or body segment and involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort, and function for that specific patient. Except for the treatment of scoliosis, orthosis does not include prefabricated or direct-formed orthotic devices, as defined in this subdivision and does not include any of the following items: Commercially available knee orthoses used following injury or surgery; upper extremity adaptive equipment; finger splints; leather wrist gauntlets; face masks used following burns; wheelchair seating that is an integral part of the wheelchair and not worn by the patient independent of the wheelchair; fabric or elastic supports; corsets; arch supports, also known as non-custom or prefabricated orthotics; low-temperature formed plastic splints; trusses; elastic hose; canes; crutches; cervical collars; dental appliances, and other similar devices as determined by the board, such as those commonly carried in stock by a pharmacy, hospital, rehabilitation facility, department store, corset shop, or surgical supply facility. Prefabricated orthoses, also known as custom-fitted or off-the-shelf, are devices that are manufactured as commercially available items for no particular patient, but those devices that can be formed or shaped by a person licensed under this chapter are considered custom made. Direct-formed orthoses are devices formed or shaped during the molding process directly on the patient’s body or body segment.

(9) ORTHOTIC FITTER. A health care practitioner, licensed with the board, who is specifically educated and trained in the provision of certain orthoses, including patient assessment, formulation of a treatment plan, follow-up, and practice management, consistent with national programs approved by the state board.

(10) ORTHOTICS. The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The practice of orthotics encompasses evaluations and consultation and continuing care, with basic observational gait and posture analysis. Orthotists assess the need for and measure, design, manufacture, and fit orthoses to maximize function and provide not only the support but the alignment necessary to either prevent or correct deformity or to improve the safety and efficiency of mobility or locomotion, or both. Orthotic practice includes periodic evaluation and consultation to assess its effect on the patient’s tissue and assure proper fit and function of the orthotic device.

(11) ORTHOTIC SUPPLIER. A person registered with the board who is employed by or has a contractual relationship with a manufacturer of orthoses or orthosis components and who has complied with the registration requirements of the board.

(12) ORTHOTIST. A person licensed to practice orthotics under this chapter.

(13) ORTHOTIST ASSISTANT. A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator.

(14) PEDORTHIC DEVICE. Custom therapeutic shoes, diabetic shoes if prescribed by an authorized health care practitioner for the treatment of partial or complete amputation of the foot, foot ulceration, pre-ulcerative callous, or foot deformity, shoe modifications made for therapeutic purposes, partial foot prostheses, and foot orthoses and orthoses for use from the knee and below used for the treatment or alleviation, or both, of a condition that has its origin in the foot. A pedorthic device, custom or non-custom, addresses a medical condition of the foot below the ankle and is prescribed by an authorized health care practitioner.

(15) PEDORTHICS. The design, manufacture, modification, or fit of custom shoes, orthoses, and pedorthic devices to prevent or alleviate foot problems caused by disease, congenital defect, overuse, or injury.

(16) PEDORTHIST. A person who is licensed to practice pedorthics under this chapter.

(17) PHYSICAL THERAPIST/PHYSICAL THERAPIST ASSISTANT/PHYSICAL THERAPIST TECHNICIAN. A person who is licensed to practice as defined in Section 34-24-191.

(18) PHYSICIAN. A person who is a doctor of medicine or a doctor of osteopathy licensed to practice.

(19) PODIATRIST. A person licensed or authorized to practice podiatry pursuant to Article 6 of Chapter 24.

(20) PROSTHESIS. A definitive artificial limb that is alignable or articulated or, in lower extremity applications, capable of bearing weight. Prosthesis means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or other external human body part and that includes an artificial limb, hand, or foot. The term does not include artificial eyes, ears, dental appliances, ostomy products, devices such as artificial breasts or eyelashes, wigs, or other devices as determined by the board that do not have a significant impact on the musculoskeletal functions of the body.

(21) PROSTHETICS. The science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, aligning, adjusting, or servicing, as well as providing the initial education necessary to accomplish the wearing and use of a prosthesis, through the replacement of external parts of a human body lost due to amputation or congenital deformities or absences. The practice of prosthetics also includes the generation of an image, form, or mold that replicates the patient’s body or body segment and that requires rectification of dimensions, contours, and volumes for use in the design and fabrication of a socket to accept a residual limb to create an artificial appendage that is designed either to support body weight or to improve or restore function or cosmesis, or both. Involved in the practice of prosthetics is observational gait analysis and clinical assessment of the requirements necessary to refine and mechanically fix the relative position of various parts of the prosthesis to maximize the function, stability, and safety of the patient. The practice of prosthetics includes evaluation, consultation, and providing continuing patient care in order to assess the effect of the prosthetic device on the patient’s tissues and to assure proper fit and function of the prosthetic device.

(22) PROSTHETIST. A person who is licensed to practice prosthetics under this chapter.

(23) PROSTHETIST ASSISTANT. A person licensed under terms to be defined by the board and employed by the same agency as his or her licensed referring evaluator.

(24) PROSTHETIST/ORTHOTIST. A person licensed to practice prosthetics and orthotics under this chapter.

(25) THERAPEUTIC SHOE FITTER. A health care professional who is licensed by the board and who is specifically educated and trained to provide non-custom therapeutic shoes and non-custom multi-density inserts. This includes patient assessment, formulation of a plan, implementation of the treatment plan, follow-up, and practice management.
Ala. Code § 34-36-1 — Alabama Code / Title 34 / Chapter 36 / Section 34-36-1
Section 34-36-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Electrical Contractors Act” and shall be construed and implemented to promote the purposes and policies set forth in this chapter.
Ala. Code § 34-24-402 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-402
Section 34-24-402 Reporting and Disclosure by Physician Wellness Committee
Status: in_force

The Alabama Physician Wellness Committee shall develop procedures in consultation with the Board of Medical Examiners for:

(1) Periodic reporting of statistical information regarding impaired physician program activity;

(2) Periodic disclosure and joint review of such information as the Board of Medical Examiners may deem appropriate regarding reports received, contracts or investigations made, and the disposition of each report, provided however, that the committee shall not disclose any personally identifiable information except as provided in Section 34-24-405.
Ala. Code § 34-7B-56 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-56
Section 34-7B-56 Adverse Actions
Status: in_force

(a) A licensee’s home state shall have exclusive power to impose an adverse action against a licensee’s multistate license issued by the home state.

(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information, or adverse action of a remote state.

(c) In addition to the powers conferred by state law, each remote state’s state licensing authority shall have the power to do all of the following:

(1) Take adverse action against a licensee’s authorization to practice cosmetology through the multistate license in that member state, provided that:

a. Only the licensee’s home state shall have the power to take adverse action against the multistate license issued by the home state; and

b. For the purposes of taking adverse action, the home state’s state licensing authority shall give the same priority and effect to reported conduct received from a remote 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 the appropriate action.

(2) Issue cease and desist orders or impose an encumbrance on a licensee’s authorization to practice within that member state.

(3) Complete any pending investigations of a licensee who changes his or her primary state of residence during the course of an investigation. The state licensing authority shall also be empowered to report the results of an investigation to the commission through the data system as described herein.

(4) 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 state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before the court. The issuing state licensing 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.

(5) If otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

(6) Take adverse action against the licensee’s authorization to practice in that state based on the factual findings of another remote state.

(d) A licensee’s home state shall complete any pending investigation of a cosmetologist who changes his or her primary state of residence during the course of the investigation. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigation to the data system.

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

(f) Nothing in this compact shall override a member state’s authority to accept a licensee’s participation in an alternative program in lieu of adverse action. A licensee’s multistate license shall be suspended for the duration of the licensee’s participation in any alternative program.

(g) Joint investigations.

(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a 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.
Ala. Code § 34-29-70 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-70
Section 34-29-70 Board of Veterinary Medical Examiners Fund; Expenditures; Transfer of Excess
Status: in_force

All revenues received by the board shall be accepted by the executive director and deposited with the Treasurer of the state to be credited to an account to be known as the Board of Veterinary Medical Examiners Fund. All expenses of the board shall be paid from the fund by vouchers signed by the executive director of the board and no part of the state’s General Fund shall be expended for this purpose. Funds shall be a continuing account and shall not be subject to diversion to the State General Fund except to the extent that the balance in the fund at the close of any fiscal year exceeds the budget of the board by 200 percent, in which case the excess shall be transferred to and become a part of the State General Fund.
Ala. Code § 34-21-24 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-24
Section 34-21-24 Fees and Charges
Status: in_force

The board shall set the fees and charges annually for the services under this chapter.
Ala. Code § 34-21-93 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-93
Section 34-21-93 Construction of Article with Sections 34-19-2 to 34-19-10
Status: in_force

The provisions of this article shall be applied and construed in pari materia with Sections 34-19-2 to 34-19-10. Upon final adoption of rules and regulations by the State Board of Medical Examiners and the Board of Nursing as authorized by this article, any inconsistent portions of Sections 34-19-2 to 34-19-10 are superseded.
Ala. Code § 34-19-19 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-19
Section 34-19-19 Liability of Physician, Health Care Provider, or Hospital
Status: in_force

No physician, other health care provider, or hospital shall be civilly or criminally liable for any act or omission or advice, care, or service provided by an individual practicing midwifery outside of a hospital or resulting from the choice of a woman to give birth to a child outside of a hospital, provided the midwife is not employed to practice midwifery by the physician, health care provider, or hospital or is not practicing midwifery as an employee, member, or shareholder of a business entity in which the physician, health care provider, or hospital participates by way of receiving monetary or non-cash income and has actual knowledge of the midwife’s status as an employee, partner, member, or shareholder of the business entity.
Ala. Code § 34-6-31 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-31
Section 34-6-31 Authority of Probate Judge
Status: in_force

Authority is hereby vested in the various probate judges within the State of Alabama to license the operation of billiard rooms within the corporate limits of the cities and towns of their respective counties as hereinafter provided.
Ala. Code § 34-13-170 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-170
Section 34-13-170 Short Title; Transfers from Department of Insurance to the Board of Funeral Services
Status: reserved

(a) This article shall be known and may be cited as the Alabama Preneed Funeral and Cemetery Act of 2023.

(b)(1) The Alabama Board of Funeral Services succeeds to and is vested with the powers, duties, and functions of the Department of Insurance relating to the regulation of endowment care, preneed sales contracts, and the licensing of preneed sales agents.

(2) All records of the Department of Insurance relating to the regulation of preneed sales contracts, endowment care, and the licensing of preneed sales agents are transferred to the board.

(3) The status of any person properly licensed by the Department of Insurance under the former Chapter 17A of Title 27, on the October 1, 2023, shall continue under the board.

(4) The administrative rules of the Department of Insurance existing on the October 1, 2023, shall remain in effect as administrative rules of the board until added, amended, or repealed by the board.

(5) The existence and functioning of the Alabama Preneed Funeral and Cemetery Act, created and functioning pursuant to Sections 27-17A-1 to 27-17A-57, inclusive, is continued as the Alabama Preneed Funeral and Cemetery Act of 2023, under this article. All rights, duties, and obligations existing in the name of the Department of Insurance relating to endowment care, preneed sales contracts, and preneed sales agent licenses shall continue under the board. Any reference to the Department of Insurance in any existing law, contract, or other instrument relating to endowment care, preneed sales contracts, and preneed sales agent licenses shall be deemed a reference to the board.

(6) The transfer of the regulation of preneed contracts and the licensing of preneed sales agents from the Department of Insurance to the board shall not affect the rights of any person held before October 1, 2023, as those rights relate to any preneed trust funds, endowment care trust funds, or any other funds held in trust pursuant to the Alabama Preneed Funeral and Cemetery Act.
Ala. Code § 34-2A-15 — Alabama Code / Title 34 / Chapter 2A / Section 34-2A-15
Section 34-2A-15 Violations
Status: in_force

(a) It shall be a misdemeanor for any person to commit any of the following:

(1) Sell or fraudulently obtain or furnish any license or aid or abet in selling or fraudulently obtaining or furnishing any license.

(2) Practice as an assisted living administrator under cover of any license illegally or fraudulently obtained or unlawfully issued.

(3) Practice as an assisted living administrator or use in connection with his or her name any designation tending to imply that he or she is an assisted living administrator unless duly licensed to so practice under this chapter.

(4) Practice as an assisted living administrator or use in connection with his or her name any designation tending to imply that he or she is an assisted living administrator during the time his or her license issued under this chapter shall be expired, suspended, or revoked.

(5) Otherwise violate any of the provisions of this chapter.

(b) A violation of this chapter shall be a Class C misdemeanor punishable as provided by law.
Ala. Code § 34-9-19 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-19
Section 34-9-19 Advertising - Dentist; Specialty Requirements; Practice Emphasis; Purpose of Section; Rules and Regulations
Status: in_force

(a) For the purpose of this section, the following terms shall have the respective meanings:

(1) ADVERTISEMENT. An advertisement is information communicated in a manner designed to attract public attention to the practice of a dentist as heretofore defined.

(2) DENTIST. Any person licensed to practice dentistry in this state pursuant to this chapter or any entity authorized by law which is formed for the purpose of practicing dentistry.

(3) FALSE. A false statement or claim is one which:

a. Contains a material misrepresentation of fact or law.

b. Omits a material fact rendering the statement or claim when considered as a whole false.

(b) A dentist shall have ultimate responsibility for all advertisements which are approved by him or her or his or her agents or associates and the dentist shall be responsible for the following:

(1) Broadcast advertisements shall be recorded, approved by the dentist, and a recording of the actual transmission shall be retained by the dentist for one year following the final appearance or use of the advertisement. The dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.

(2) Written or printed advertisements shall be approved by the dentist and a copy of the publication in which the advertisement is displayed shall be retained by the dentist for one year following the final appearance or use of the advertisement. The dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.

(3) Other forms of advertisement shall be approved by the dentist and the contents and specifications, where applicable, shall be retained by the dentist for one year following the final appearance or use of the advertisement and the dentist is responsible for making copies of the advertisement available to the board within 10 days following a request by the board.

(c) A dentist may not hold himself or herself out as a specialist or advertise specialty status unless the specialty is approved by the board.

(d) Dentists who are not specialists in specialties approved by the board may nevertheless advertise that their practice is limited to a specific area of dentistry only if the dentist has obtained membership in or otherwise has been credentialed by an accrediting organization which is recognized by the board as a bona fide organization for such an area of practice.

(e) Notwithstanding any provision of this section to the contrary, a dentist licensed pursuant to this chapter may not hold himself or herself out as a specialist or advertise membership in a specialty recognized by an accrediting organization, unless the dentist has continuously held himself or herself out as a specialist since December 31, 1964, in a specialty recognized by the board or has completed a specialty education program approved by the board and the Commission on Dental Accreditation and meets either of the following qualifications:

(1) Is eligible for examination by a national specialty board recognized by the board.

(2) Is a diplomate of a national specialty board recognized by the board.

(f) A dentist licensed under this chapter may not represent to the public without appropriate disclosure that his or her practice is limited to a specific area of dentistry other than a specialty area of dentistry authorized under subsection (e) unless the dentist has attained membership in or has otherwise been credentialed by an accrediting organization which is recognized by the board as a bona fide organization for such an area of dental practice. In order to be recognized by the board as a bona fide accrediting organization for a specific area of dental practice other than a specialty area of dentistry authorized under subsection (c), the organization must condition membership or credentialing of its members upon all of the following:

(1) Successful completion of a formal, full-time advanced education program that is affiliated with or sponsored by a university-based dental school that is beyond the dental degree, is at the graduate or postgraduate level, and is of at least 12 months in duration.

(2) Prior didactic training and clinical experience in the specific area of dentistry which is greater than that of other dentists.

(3) Successful completion of oral and written examinations based on psychometric principles.

(g) Notwithstanding the requirements of subsections (e) and (f), a dentist who lacks membership in or certification, diplomate status, or other similar credentials from an accrediting organization approved as bona fide by the board may announce a practice emphasis in any other area of dental practice if the dentist incorporates in capital letters or some other manner clearly distinguishable from the rest of the announcement, solicitation, or advertisement the following statement: “_____________ (NAME OF ANNOUNCED AREA OF DENTAL PRACTICE) IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE BOARD OF DENTAL EXAMINERS OF ALABAMA.” If such an area of dental practice is officially recognized by an organization which the dentist desires to acknowledge or otherwise reference in the dentist’s announcement, solicitation, or advertisement, the same announcement, solicitation, or advertisement shall also state prominently: “_______________ (NAME OF REFERENCED ORGANIZATION) IS NOT RECOGNIZED AS A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE BOARD OF DENTAL EXAMINERS OF ALABAMA.”

(h) The purpose of this section is to prevent a dentist from advertising without appropriate disclosure membership in an organization which may be perceived by the public as recognizing or accrediting specialization or other unique competencies in an area of dentistry that is not recognized or accredited by the board in accordance with this section. The purpose of this section is also to prohibit a dentist from advertising a specialty or other area of dental practice without appropriate disclosure unless the special competencies held by the dentist satisfy the requirements of subsections (d) and (f). The Legislature finds that dental consumers can reasonably rely on these requirements as satisfactory evidence of a dentist’s attainment of meaningful competencies in the specialty or other bona fide area of dental practice advertised. The Legislature also finds that this process for the recognition of dental specialties and other bona fide areas of dental practice is the least restrictive means available to ensure that consumers are not mislead about a dentist’s unique credentials.

(i) A dentist who lacks membership in or certification, diplomate status, or similar credentials from an accrediting organization approved as bona fide by the board may announce a practice emphasis in any other area of dental practice if the dentist incorporates the disclaimer set forth in subsection (g).

(j) The board shall promulgate rules and regulations delineating examples of advertising which would be considered false, fraudulent, misleading, or deceptive.
Ala. Code § 34-14A-15 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-15
Section 34-14A-15 Recovery Fund
Status: in_force

(a) The board may establish a Homeowners’ Recovery Fund for the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved homeowner may recover actual economic damages, not including interest and court costs, sustained within the state as the direct result of conduct of a licensee in violation of this chapter or the rules of the board from the Homeowners’ Recovery Fund. Any payments from the Homeowners’ Recovery Fund shall be subject to the following limitations and conditions:

(1) The Homeowners’ Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant to the requirements of subsection (b) of Section 34-14A-8.

(2) The Homeowners’ Recovery Fund shall not make payments based on consent judgments.

(3) Failure of the homeowner to follow any provisions of this chapter shall preclude payment from the Homeowners’ Recovery Fund.

(b) The board, by rule, shall determine the maximum amount of payment from the Homeowners’ Recovery Fund for the following:

(1) Payments for claims based on judgments or settlements against any one licensee.

(2) Payments for claims arising out of the same transaction.

(c) Each licensee shall, on order of the board, pay a fee not to exceed sixty dollars ($60), no more than once a year, per licensee for deposit in the Homeowners’ Recovery Fund. A licensee on inactive status shall not be required to contribute to the Homeowners’ Recovery Fund. The annual Homeowners’ Recovery Fund fee shall be set by the board after considering all expenses incurred by the board in defending, satisfying, or settling any claims paid from the Homeowners’ Recovery Fund.

(d)(1) When a complaint is filed in a court of competent jurisdiction that may result in liability for the Homeowners’ Recovery Fund, the complainant shall notify the board in writing, by certified mail, when the action is commenced.

(2) When the notice is received, the board may enter an appearance, file pleadings, appear at court hearings, and defend or take action it deems appropriate either on behalf and in the name of the defendant or in its own name. The board may seek any appropriate method of judicial review. The board may settle or compromise the claim. Any expenses incurred by the board in defending, satisfying, or settling any claim may be paid from the Homeowners’ Recovery Fund.

(3) When a complainant obtains a valid judgment, excluding consent judgments, in a court of competent jurisdiction against a licensee, the aggrieved homeowner may, when the judgment is final, file a verified claim in the court in which the judgment was entered and, on 30 days’ written notice to the board, may apply to the court for an order directing payment out of the Homeowners’ Recovery Fund of the amount remaining unpaid on the judgment.

(4) The court shall proceed on such application and the complainant shall be required to show that:

a. He or she is not the spouse, child, or parent of the debtor, or the personal representative of the spouse, child, or parent or a shareholder, officer, or director of the debtor.

b. He or she has obtained a judgment, as described in this section, stating the amount of the judgment and the amount owing on the judgment at the date of the application, and, that in such action, he or she had joined any and all bonding companies which issued corporate surety bonds to the judgment debtor as principal and all other necessary parties.

c. The following items, if recovered by him or her, have been applied to the actual compensatory damages awarded by the court:

1. Any amount recovered from the judgment debtor.

2. Any amount recovered from bonding companies.

3. Any amount recovered in out-of-court settlements.

(5) The court shall order the Homeowners’ Recovery Fund to pay the sum it finds due, subject to the provisions and limitations of this section.

(e) In the event the board pays from the Homeowners’ Recovery Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the board may revoke the license of the licensee and may no longer recognize the experience and ability qualifications of the individual licensee or the qualifying representative of the licensee for licensing purposes. The board may refuse to issue a new license to the former licensee or to recognize the experience and ability qualifications of the individual former licensee or the former licensee’s qualifying representative until the former licensee or the former licensee’s qualifying representative has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the Homeowners’ Recovery Fund. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.

(f) If the balance in the Homeowners’ Recovery Fund is insufficient to satisfy a duly authorized claim or portion of a claim, the board shall, when sufficient money has been deposited in the Homeowners’ Recovery Fund, satisfy the unpaid claims in the order that the claims were filed.

(g) The sums received by the board, pursuant to the provisions of this section, shall be deposited into the State Treasury and held in a special fund to be known as the Homeowners’ Recovery Fund, and shall be held by the board in trust for carrying out the purposes of the Homeowners’ Recovery Fund. These sums may be invested by the State Treasurer in any investments which are legal under the laws of this state. Any interest or other income from investments of the Homeowners’ Recovery Fund shall be deposited into the Homeowners’ Recovery Fund.

(h) When, on order of the court, the board has paid from the Homeowners’ Recovery Fund any sum, the board shall be subrogated to all the rights of the judgment creditor, and all his or her rights, title, and interest in the judgment, to the extent of the amount paid from the Homeowners’ Recovery Fund, shall be assigned to the board. Any amount and interest recovered by the board on the judgment shall be deposited into the Homeowners’ Recovery Fund.

(i) The limitations and conditions of payment from the Homeowners’ Recovery Fund, as established by Act 2002-72, shall not apply in any case where, prior to May 1, 2002, a complainant has obtained a valid judgment in a court of competent jurisdiction against a licensee on the grounds set out in this chapter.
Ala. Code § 34-31-22 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-22
Section 34-31-22 Board of Heating, Air Conditioning, and Refrigeration Contractors - Compensation
Status: in_force

Each member of the board shall receive one hundred dollars ($100) per day for attending sessions of the board or its committees and, in addition, shall be reimbursed for such necessary travel expenses as are paid to state employees, to be paid from fees collected.
Ala. Code § 34-3-40 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-40
Section 34-3-40 Established; Composition; Terms of Office
Status: in_force

(a) The governing body of Alabama State Bar shall be the Board of Commissioners composed of at least one member from each judicial circuit; provided that, for this purpose, that part of the Tenth Judicial Circuit, known as the “Bessemer Cut-off” electoral district, for electing its circuit judge shall be considered and construed as a separate judicial circuit. Each commissioner, at the time of nomination and election and during incumbency, shall be a member in good standing of the Alabama State Bar whose principal office is maintained in the circuit he or she represents.

(b) The membership of the Board of Commissioners of the State Bar shall be constituted as follows:

(1) One member from each judicial circuit.

(2) One member from the electoral district of the Tenth Judicial Circuit, known as the “Bessemer Cut-off” electoral district, for electing its circuit judge.

(3) One additional commissioner for each 300 members of the State Bar in a circuit who maintain their principal office in the circuit as of March 1 of each year, each such commissioner to be an additional representative for his or her circuit; provided, however, that no circuit and no county shall be entitled to more than 10 commissioners.

(4) Those persons selected as at-large members of the Board of Commissioners pursuant to Section 34-3-41(b)(5).

(c) Except for at-large members of the Board of Commissioners who shall be selected as provided pursuant to Section 34-3-41(b)(5), each commissioner shall be elected in the manner hereinafter provided and shall hold office for three years, except that the initial terms for additional commissioners under subdivision (b)(3) of this section may be limited pursuant to Section 34-3-41(b)(2).
Ala. Code § 34-11-35 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-35
Section 34-11-35 Powers of the Board
Status: in_force

(a) The board shall have the power to adopt and amend bylaws and rules not inconsistent with the constitution and laws of this state, as may be reasonably necessary for the proper performance of its duties and the regulation of its procedures, meetings, records, examinations, and conduct. The board shall have the power to adopt and amend from time to time rules of professional conduct for professional engineers, engineer interns, professional land surveyors, land surveyor interns, and corporations, partnerships, or firms holding certificates of authorization. The board shall adopt and have an official seal, which shall be affixed to each certificate issued.

(b) In carrying into effect its duties in any case involving the revocation of licensure or any disciplinary proceeding involving a licensee or the holder of a certificate of authorization or practicing or offering to practice without licensure, or false statement in connection with an application for licensure, the board may, under the hand of its chair and the seal of the board, subpoena witnesses and compel their attendance, and may also require the production of books, papers, documents, and other pertinent data. Any member of the board may administer oaths or affirmations to witnesses appearing before the board. If any person refuses to obey any subpoena issued, or refuses to testify or produce any books, papers, or documents, the board may present its petition to the Circuit Court of Montgomery County, setting forth the facts, and thereupon the Circuit Court of Montgomery County shall, in a proper case, issue its subpoena to such person, requiring his or her attendance before the Circuit Court of Montgomery County and there to testify or to produce such books, papers, and documents, or data. Any person failing or refusing to obey the subpoena or order of the Circuit Court of Montgomery County may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Circuit Court of Montgomery County.

(c) The board is charged with the duty of seeing that this chapter is enforced. The board shall investigate any complaint relating to the violation of this chapter and, should a violation be indicated, the board shall proceed as provided for under this chapter and rules adopted by the board.

(d) The board, in its own name, may apply for relief by injunction in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this chapter or to restrain any person, firm, partnership, or corporation from the commission of any act which is prohibited by this chapter. In such proceedings it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial and irreparable damage would result, from the continued violation thereof. Application for the injunction may be made to the Circuit Court of Montgomery County, or the circuit court of the county in which it is alleged that the violation is about to occur, at the request of the board. The injunction may not be granted ex parte, and any judgment or decree may be appealed in the manner prescribed by law to the Supreme Court of Alabama.

(e) The board retains and may exercise all administrative and civil rights and remedies commonly available to agencies in the state. No action or other legal proceedings for damages shall be instituted against the board, any board member, or employee of the board for any act done in good faith and in the intended performance of any power granted under this chapter or for any neglect or default in the performance or exercise in good faith of any duty or power.

(f) In carrying out the duties, functions, and obligations of this chapter, the board may contract with any state agency or private vendor as the board considers appropriate. The board may also enter contracts to acquire, own, encumber, issue, replace, deal in, and dispose of real and personal property.

(g) The board may appoint committees to assist the board’s efforts in carrying out the responsibilities of this chapter. All individuals appointed by the board to serve on committees are entitled to reimbursement of expenses as approved by the board.

(h) The board may adopt rules enabling the collection of fees in amounts necessary to enable the board to carry out its function under this chapter, provided the fees do not exceed the maximum amounts allowed under this chapter.

(i) The board may use electronic transmissions for all purposes permitted under the Uniform Electronic Transactions Act.

(j) The Attorney General or his or her assistants may act as legal adviser to the board and render legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ or retain counsel and necessary assistance to aid in the enforcement of this chapter, and the compensation and expenses thereof shall be paid from the funds of the board.

(k) For purposes of enforcement of all provisions of this chapter and board rules, including the assessment and collection of fines, penalties, costs, and attorney fees, the board shall maintain jurisdiction over individuals, irrespective of their licensure status relative to acts, omissions, complaints and investigations that occurred during the licensure period. Jurisdiction of the board shall extend to individuals engaging in the unauthorized practice of engineering or land surveying. It is the intent of this subsection that licensees cannot divest the board of jurisdiction by changing or relinquishing licensure status.

(l) The board may conduct an investigation or inspection of any person or facility at all reasonable hours for the purpose of determining if any provision of the law governing the practices of engineering and land surveying is being violated. The board, its officers, staff, and representatives shall cooperate with all agencies charged with the enforcement of all federal and state laws relating to the practices of engineering and land surveying.

(m) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of engineering or land surveying for the protection of health, life, safety, welfare, and property or whose activities assist and facilitate the work of the board.

(n) Through outreach efforts, the board may educate, recognize, and promote the mission of the board to the public, potential applicants, licensees, and other public agencies.

(o) The board may recognize accomplishments of those individuals who fall under the jurisdiction of the board.
Ala. Code § 34-3-41 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-41
Section 34-3-41 Election of Members; Selection of At-Large Members
Status: in_force

(a) The members of the Board of Commissioners for each judicial circuit shall be elected by the members of the State Bar who maintain their principal office in such circuit; provided, however, that for the Tenth Circuit, each commissioner shall be elected by the lawyers who maintain their principal office in the portion of the circuit outside the Bessemer Cut-off electoral district and each commissioner for the Bessemer Cut-off electoral district shall be elected by the lawyers who maintain their principal office in that portion of the circuit inside the Bessemer Cut-off electoral district. Such election shall be by secret ballot, mailed or delivered to the State Bar headquarters by a date established by the Board of Commissioners. Nothing contained in this article shall prohibit the election of the president of the State Bar as provided in this chapter, who shall be a bona fide resident of any judicial circuit of this state and who shall be ex officio president of the Board of Commissioners in case he or she is not already a member of said board. If hereafter additional judicial circuits are constituted, each such additional circuit shall be entitled to a commissioner or commissioners on said board, as provided by Section 34-3-40. There shall be an annual election for the purpose of selecting successors to the commissioners whose terms expire.

The board shall prescribe rules and regulations in regard to such annual elections and establishment of additional commissioner positions as required, not in conflict with the provisions of this article. The board shall, in accordance with its rules, give at least 60 days’ notice of the time for holding the election each year. Such annual election shall be held on the first Tuesday in June of each year and continue for one week. The term of each commissioner shall be three years from July first following his or her election, except initial terms prescribed by the Board of Commissioners pursuant to subdivision (b)(2) of this section.

(b)(1) The Board of Commissioners shall identify annually the circuits entitled to more than one commissioner based upon the principal location of bar members’ offices as of March 1. In such circuits the original commissioner shall be identified as “Commissioner No. 1” and each additional commissioner shall be designated in sequential numbers.

(2) The Board of Commissioners shall establish initial terms for new commissioners so that, to the extent possible, the terms of the commissioners for a particular circuit will not expire simultaneously. To accomplish this the Board of Commissioners may designate the initial term of any new commissioner position for one year, two years, or three years. Regardless of the length of the initial term, subsequent terms of that commissioner’s position shall be three years.

(3) No person shall serve more than three consecutive terms as a commissioner.

(4) The number of lawyers per circuit shall be determined by the number of members whose principal office is within a circuit. In determining the number of commissioners for the Tenth Judicial Circuit, members maintaining their principal office in the electoral district known as the “Bessemer Cut-off” district shall not be included in this district for determining additional commissioners for the Tenth Circuit.

(5) In order to ensure that, to the extent possible, the membership of the Board of Commissioners reflects the racial, ethnic, gender, and age diversity, as well as the geographical diversity, of the membership of the Alabama State Bar, there shall be, in addition to the election of members of the Board of Commissioners as provided in subsection (a), nine at-large members of the Board of Commissioners who shall be selected by a majority vote of the members of the board from nominations submitted to the board by members of the Alabama State Bar, by associations of lawyers, or by sections of the Alabama State Bar, pursuant to such rules and procedures as may be prescribed by the Board of Commissioners. In selecting the nine at-large members of the board, the Board of Commissioners shall seek to ensure, to the extent possible, that the Board of Commissioners reflects the racial, ethnic, gender, and age diversity, as well as the geographic diversity, of the membership of the Alabama State Bar. The term of office of each at-large commissioner shall be the same as that provided in subdivisions (2) and (3) of this subsection, provided that, for the year 2005, three at-large members shall be selected for terms of one year each, three at-large members shall be selected for terms of two years each, and three at-large members shall be selected for terms of three years each. All subsequent terms of the at-large members of the Board of Commissioners shall be for terms of three years.
Ala. Code § 34-21A-4 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-4
Section 34-21A-4 Meetings, Compensation, Expenses of the Board
Status: in_force

(a) Within 30 days after the annual appointment of new members, the board shall meet for the purpose of organizing, electing new officers, and transacting business as deemed necessary. This organizational meeting may be considered a regular quarterly meeting of the board.

(b) The board shall meet at least four times a year on a quarterly basis with the board designating the months of the meetings for the coming year at its annual organizational meeting. Regular meetings shall be called by the chair who shall designate the time and place of each regular meeting. The chair or a majority of the members of the board may also call a special meeting of the board.

(c) Board members shall be given at least 10 days’ notice of regular meetings and a minimum of five days’ notice for special meetings. The executive director shall give notice of any meeting to the media as considered appropriate under the circumstances.

(d) A quorum of the board shall consist of not less than five of the duly appointed members.

(e) Any motion passed by the board requires a majority of those members present.

(f) The members of the board shall receive one hundred dollars ($100) per day for board meetings and a per diem as recommended by the board consistent with applicable state laws for attending sessions of the board and for time spent in necessary travel to attend meetings of the board. In addition, each member shall be reimbursed for related travel expenses at the same rate as state employees receive, all to be paid from fees collected and deposited in the board fund.
Ala. Code § 34-25B-29 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-29
Section 34-25B-29 Sunset Provision
Status: in_force

The Alabama Private Investigation Board is subject to the provisions of the Alabama Sunset Law of 1981. The board shall automatically terminate on October 1, 2016, and every four years thereafter, unless a bill is passed that it be continued, modified, or reestablished.
Ala. Code § 34-24-172 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-172
Section 34-24-172 Restoration of License
Status: reserved

Repealed by Act 2015-275 effective August 1, 2015.
Ala. Code § 34-32-3 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-3
Section 34-32-3 Construction of Chapter
Status: in_force

This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. In particular, this chapter shall not be construed to affect or prevent individuals who are duly licensed by the State of Alabama Board of Registration of Professional Engineers and Land Surveyors and who are engaging in the practice of geotechnical engineering or soils engineering from conducting an engineering evaluation of the nature, physical properties, and engineering characteristics to determine the surficial and subsurface soil suitability for the environmental and structural support of constructed facilities or to evaluate surficial or subsurface soils which are to be used as a construction material.
Ala. Code § 34-13A-11 — Alabama Code / Title 34 / Chapter 13A / Section 34-13A-11
Section 34-13A-11 Sunset Provision
Status: in_force

The Alabama Board of Genetic Counseling shall be subject to the Alabama Sunset Law, Chapter 20 of Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2021, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-7B-53 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-53
Section 34-7B-53 Multistate License
Status: in_force

(a) To be eligible to apply to his or her home state’s state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in his or her home state.

(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state’s state licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.

(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the state licensing authority in receipt of the application, within a reasonable time, shall grant a multistate license to that applicant, and inform all member states of the grant of the multistate license.

(d) A multistate license to practice cosmetology issued by a member state’s state licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions herein.

(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.

(f) To maintain a multistate license under this compact, a licensee shall do all of the following:

(1) Agree to abide by the rules of the state licensing authority, and the state scope of practice laws governing the practice of cosmetology, of any member state in which the licensee provides services.

(2) Pay all required fees related to the application and process, and any other fees which the commission may by rule require.

(3) Comply with any and all other requirements regarding multistate licenses which the commission may by rule provide.

(g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.

(h) The practice of cosmetology under a multistate license granted pursuant to this compact shall subject the licensee to the jurisdiction of the state licensing authority, the courts, and the laws of the member state in which the cosmetology services are provided.
Ala. Code § 34-20-16 — Alabama Code / Title 34 / Chapter 20 / Section 34-20-16
Section 34-20-16 Prohibited Acts; Penalties
Status: in_force

(a) It shall be a misdemeanor for any person to:

(1) Sell or fraudulently obtain or furnish any license or aid or abet therein;

(2) To practice as a nursing home administrator under cover of any license illegally or fraudulently obtained or unlawfully issued;

(3) Practice as a nursing home administrator or use in connection with his or her name any designation tending to imply that he or she is a nursing home administrator unless duly licensed to so practice under the provisions of this chapter;

(4) Practice as a nursing home administrator or use in connection with his or her name any designation tending to imply that he or she is a nursing home administrator during the time his or her license issued under the provisions of this chapter shall be expired, suspended, or revoked; or

(5) Otherwise violate any of the provisions of this chapter.

(b) Such misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the county jail for not more than 90 days or by both such fine and imprisonment.
Ala. Code § 34-13-132 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-132
Section 34-13-132 Annual Report and Skills Evaluation
Status: in_force

All apprentices registered as provided in this chapter shall be under the supervision and control of the board and shall include with their annual renewal case reports an annual report and skills evaluation on a form prescribed by the board. The information contained in the report shall be certified as correct by the funeral director or embalmer by whom the apprentice has been employed during his or her apprenticeship period.
Ala. Code § 34-27A-3 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-3
Section 34-27A-3 License Required to Do Certain Acts; Unlawful Behavior; Violations; Assistance with Appraisal; Evaluations
Status: in_force

(a) It shall be unlawful for any person, partnership, or corporation, for a fee or other valuable consideration, or with the intention or expectation of receiving or collecting a fee or valuable consideration from another, to do any of the following unless he or she is licensed under this article:

(1) To be employed to perform or to perform an appraisal as defined in this article where the subject property of the assignment lies within the borders of the State of Alabama.

(2) Present himself or herself, or allow himself or herself to be presented, as being able to perform an appraisal for which a license is required under this article.

(b) It shall be unlawful for a person, other than a licensed real estate appraiser, to assume or use that title or any title, designation, or abbreviation likely to create the impression of licensure as a real estate appraiser by this state. It shall be unlawful for a person licensed as a real estate appraiser to assume or use a title, designation, or abbreviation likely to create the impression of licensure at a higher classification of real estate appraiser other than the classification at which the person is licensed. It shall be unlawful for a trainee real property appraiser or a registered real property appraiser pursuant to this article to describe or refer to any appraisal or other evaluation of real estate located in this state by the term “certified.” Except where required by, or where necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, as amended, and regulations issued pursuant thereto, an employee of the State of Alabama or any county who has been commissioned by the Alabama Department of Revenue as an Alabama Certified Appraiser, for the purposes of classification only, who is engaged in the performance of official duties as an employee, shall not be subject to this article.

(1) A trainee real property appraiser or a state registered real property appraiser under this article shall include the following statement in the Certifications of the Appraiser section of each appraisal or specialized service report: “This assignment was made subject to regulations of the State of Alabama Real Estate Appraisers Board.”

(2) A licensed real estate appraiser licensed other than as a trainee real property appraiser or a registered real property appraiser shall include the following statement in the Certifications of the Appraiser section of each appraisal or specialized service report: “This assignment was made subject to regulations of the State of Alabama Real Estate Appraisers Board. The undersigned state licensed real estate appraiser has met the requirements of the board that allow this report to be regarded as a certified appraisal.”

(c) Except where required by, or where necessary to fully comply with the provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73, as amended, and regulations issued pursuant thereto, this article shall not apply to, or preclude, a person who is not a licensed real estate appraiser from performing real estate market analysis, in that person’s capacity as a licensed real estate broker or salesperson under this title. This article also does not apply to a licensed real estate appraiser when preparing an evaluation for a mortgage loan transaction when a financial institution has determined that an appraisal is not required or to a licensed real estate broker or salesperson, who in the ordinary course of business, gives an opinion to a potential seller or third party as to the recommended listing price of real estate, or an opinion to a potential purchaser or third party as to the recommended purchase price of real estate. This article also does not apply to any employee, officer, director, partner, or similar person making a valuation, analysis, market study, or other appraisal for his or her employer or principal, including those related to any real estate-related financial transactions for or on behalf of a financial institution. The words “employer or principal” as used in this subsection shall include any subsidiary, parent, affiliate, or partner of the direct employer or principal. This article shall not require now or in the future any person who lists or otherwise offers property for sale to have an appraisal of that property.

(d) Any person violating subsections (a) through (c), upon conviction thereof, shall be guilty of a Class A misdemeanor and shall be punished as prescribed by law.

(e) Notwithstanding anything to the contrary in this section, an individual who is not a licensed appraiser may assist in the preparation of an appraisal if the following conditions are met:

(1) The assistant is under the direct supervision of a licensed individual.

(2) The final appraisal document is approved and signed by an individual who is licensed to perform that type of appraisal.

(f)(1) Notwithstanding anything to the contrary in this article, a person licensed pursuant to this article may perform an evaluation for a financial institution as authorized by federal law.

(2) When performing an evaluation, a person licensed pursuant to this article shall not be subject to any provision of this article except as provided in this subsection.

(3) The evaluation shall contain a statement that “This is not an appraisal.”

(4) This article does not otherwise apply to an evaluation.

(5) Evaluations shall be governed by federal law and rules of federal financial institution regulatory agencies and not the board.
Ala. Code § 34-13-112 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-112
Section 34-13-112 Employment of Embalmer or Director by Other Establishments; Supervision and Control; Licensing of Establishment Not to License Embalmer or Director
Status: in_force

(a) All applications for a license to operate a funeral establishment shall show that a managing funeral director and managing embalmer are employed by the establishment. All applications for a license to operate a crematory shall show that a managing cremationist is employed by the establishment. This section shall not be construed to require a full-time licensed embalmer at each funeral establishment. No funeral establishment shall be licensed except upon the basis of employing a managing funeral director who lives within 75 miles of the funeral establishment. All embalming shall be performed under a licensed embalmer. A licensed embalmer is not restricted from working for more than one funeral establishment.

(b) No managing funeral director, based upon whose license or licenses a funeral establishment license has been issued, may serve as the regularly employed managing funeral director at another funeral establishment owned by a different person, firm, or corporation at the same time for the purpose of qualifying the other establishment under this chapter.

(c) It is declared to be the legislative intent of this chapter that every funeral establishment in this state shall be operated under the full charge, control, and supervision of a managing funeral director and a managing embalmer. This section shall not preclude an unlicensed person from being in charge of the bookkeeping or records of such an establishment. The name of the licensed person to be in charge of each funeral establishment shall be stated on the application for all licenses or renewal of the licenses.

(d) The issuance of a license to operate a funeral establishment to a person who is not individually licensed as a funeral director or embalmer does not entitle the person to practice embalming or funeral directing, as defined by this chapter, it being the intent of this chapter that such practice may be performed only through individually licensed funeral directors and embalmers; and, in addition to all other grounds for suspension of a funeral establishment license as enumerated in this chapter, a funeral establishment license shall be revoked by the board upon hearing thereon if any person, whether owner, officer, stockholder, or otherwise, who is connected with the funeral home shall perform any of the functions of a funeral director or embalmer as defined herein or shall hold himself or herself out as a funeral director.
Ala. Code § 34-15-3 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-3
Section 34-15-3 Rules and Regulations
Status: in_force

The State Committee of Public Health shall make and promulgate reasonable rules and regulations for the purpose of carrying this chapter into effect.
Ala. Code § 34-24-120 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-120
Section 34-24-120 “Chiropractic” Defined; Authority of Licensed Chiropractor
Status: in_force

(a) The term “chiropractic,” when used in this article, is hereby defined as the science and art of locating and removing without the use of drugs or surgery any interference with the transmission and expression of nerve energy in the human body by any means or methods as taught in schools or colleges of chiropractic which are recognized by the State Board of Chiropractic Examiners.

(b) Any chiropractor who has been certified and licensed by the State Board of Chiropractic Examiners may examine, analyze, and diagnose the human body and its diseases by the use of any physical, clinical, thermal, or radonic method, and the use of X-ray diagnosing, and may use any other general method of examination for diagnosis and analysis taught in any school of chiropractic recognized by the State Board of Chiropractic Examiners.

(c) Chiropractors certified and licensed by the State Board of Chiropractic Examiners may practice chiropractic as set forth in subsections (a) and (b) of this section and may also recommend the use of foods and concentrates, food extracts, and may apply first aid and hygiene, but chiropractors are expressly prohibited from prescribing or administering to any person any drugs included in materia medica, except as herein provided, from performing any surgery, from practicing obstetrics or from giving X-ray treatments or treatments involving the use of radioactive materials of any description.
Ala. Code § 34-22-101 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-101
Section 34-22-101 Definitions
Status: in_force

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

(1) BOARD. The Alabama Board of Optometry.

(2) IMPAIRED or IMPAIRMENT. The inability of an optometrist to practice optometry with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or other substances or as a result of any physical or mental condition.

(3) IMPAIRED DOCTOR OF OPTOMETRY TREATMENT PROGRAM. The Alabama Board of Optometry approved or sponsored program for the detection, intervention, and monitoring of impaired providers.

(4) PROFESSIONAL INCOMPETENCE. The inability or failure of an optometrist to practice his or her profession with reasonable skill and safety; however, impairment in and of itself shall not give rise to a presumption of professional incompetence.

(5) TREATMENT PROGRAM. A plan of care and rehabilitation services provided by those organizations and persons authorized to provide such services for impaired providers taking part in the programs provided under this article.
Ala. Code § 34-24-145 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-145
Section 34-24-145 Establishment of Preceptorship and Extern Program; Supervision of Individuals in Certain Educational Programs; Licensure Requirements
Status: in_force

(a) The State Board of Chiropractic Examiners may establish a preceptorship and extern program whereby chiropractic students enrolled in their last year at board-approved chiropractic colleges accredited by the Council of Chiropractic Education and recent chiropractic graduates of such colleges may practice chiropractic under the direct on-premises supervision of a sponsor licensed to practice chiropractic in this state, and in the case of chiropractic students, also under the supervision of the college. A sponsor may not supervise more than one student or graduate at one time. A student or graduate practicing chiropractic pursuant to this section may not use the title “chiropractic,” “D.C.,” or any word or title to induce the belief that he or she is engaged in the practice of chiropractic.

(b) The board may adopt rules to implement this section, including providing academic, professional, and character requirements for eligible participants, defining the permitted scope of practice of a student or graduate practicing chiropractic pursuant to this section, and requiring fees for participation.

(c) Any individual enrolled in or teaching a course of study designed to develop chiropractic clinical skills in which chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college or other educational program approved by the board shall do so only under the supervision of a licensed chiropractor approved by the board. Such an individual may not provide chiropractic services outside of the scope of the educational program and setting, nor may he or she perform, or supervise the performance of, any chiropractic service provided on a fee-for-service basis without having first obtained a license pursuant to this article.

(d) The board shall implement and perform all powers and duties transferred to it pursuant to Act 81-217, H. 213, 1981 Regular Session (Acts 1981, p. 271).

(e) License requirements shall not apply to an individual pursuing a course of study leading to a doctor of chiropractic degree, or postgraduate training that is approved by the board, if the individual: (i) is designated by a title indicating student status; (ii) is fulfilling clinical training requirements for the attainment of a degree; and (iii) is under the supervision of a chiropractor licensed pursuant to this article.

(f) Nothing in this article shall be construed as preventing the practice of chiropractic services or activities provided by either of the following:

(1) Any individual licensed to practice chiropractic in this or another state who is employed as a professor or instructor by a chiropractic school or college located in this state.

(2) Any individual enrolled in or teaching a course of study designed to develop chiropractic clinical skills when chiropractic activities are required as part of an educational program sponsored by a chiropractic school or college, or other educational program approved by the board.
Ala. Code § 34-14A-9 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-9
Section 34-14A-9 Roster of Licensees
Status: in_force

A complete roster of licensees shall be prepared and published annually by the board.
Ala. Code § 34-17A-24 — Alabama Code / Title 34 / Chapter 17A / Section 34-17A-24
Section 34-17A-24 Annual Report
Status: reserved

Repealed by Act 2006-540, p. 1243, §2, effective July 1, 2006.
Ala. Code § 34-23-8 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-8
Section 34-23-8 Substitution of Drugs or Brands of Drugs
Status: in_force

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

(1) A licensed pharmacist shall be permitted to select for the brand name drug 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 pharmaceutically and therapeutically equivalent drug product containing the same active ingredient or ingredients, and of the same dosage form strength, in all cases where the practitioner expressly authorizes the selection in accordance with subdivision (4).

(2) A licensed pharmacist shall be permitted to select for the brand name drug 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 pharmaceutically and therapeutically equivalent drug product containing the same active ingredient or ingredients, and of the same dosage form strength, in all cases where the out-of-state licensed physician or other practitioner does not expressly prohibit a substitution.

(3) A pharmacist shall record on the prescription form the name and manufacturer or distributor of any drug product dispensed as herein authorized.

(4)a. Every written prescription issued in this state by a licensed practitioner shall contain two signature lines. One line shall indicate if the brand name 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.

b. An oral or electronic prescription, including an e-fax, from the practitioner shall instruct the pharmacist whether or not a less expensive pharmaceutically and therapeutically equivalent drug 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. The board shall not adopt any rule affecting the subject matter of this subdivision.

(5) Unless otherwise indicated by the practitioner, the prescription label on the dispensing container shall indicate the actual drug product dispensed, either the brand name, or if none, the generic name, and the name of the manufacturer or a reasonable abbreviation of the name of the manufacturer.

(b) Subsection (a) shall not be interpreted to exclude the use of a formulary or drug list as adopted and approved by a medical staff in a licensed hospital with drugs provided thereunder by procedures established for use within that licensed hospital.
Ala. Code § 34-24-501 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-501
Section 34-24-501 Definitions
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-302 EFFECTIVE JULY 11, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 34-22-83 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-83
Section 34-22-83 Telemedicine - Services; Provider-Patient Relationship; Standards of Practice; Confidentiality
Status: in_force

(a) Telemedicine services provided at an established treatment site may be used for all patient visits, including initial evaluations to establish a proper doctor-patient relationship between a provider and a patient.

(1) A provider shall be reasonably available onsite at the established medical site to assist with the provision of care.

(2) A provider may delegate tasks and activities at an established treatment site to an assistant who is properly trained and supervised or directed.

(b) A distant site provider who provides telemedicine services to a patient that is not present at an established treatment site shall ensure that a proper provider-patient relationship is established, which at a minimum includes all of the following:

(1) Having had at least one face-to-face meeting at an established treatment site before engaging in telemedicine services. A face-to-face meeting is not required for new conditions relating to an existing patient, unless the provider deems that such a meeting is necessary to provide adequate care.

(2) Establishing that the person requesting the treatment is in fact whom he or she claims to be.

(c) Evaluation, treatment, and consultation recommendations made in a telemedicine setting, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional in-person clinical settings.

(d)(1) Adequate security measures shall be implemented to ensure that all patient communications, recordings, and records remain confidential.

(2)a. Written policies and procedures shall be maintained when using electronic mail for provider-patient communications. Policies shall be evaluated periodically to make sure they are up to date. Policies and procedures shall address all of the following:

1. Privacy to assure confidentiality and integrity of patient-identifiable information.

2. Health care personnel, in addition to the provider, who will process messages.

3. Hours of operation and availability.

4. Types of transactions that shall be permitted electronically.

5. Required patient information to be included in the communication, such as the patient name, identification number, and type of transaction.

6. Archival and retrieval.

7. Quality oversight mechanisms.

b. All relevant provider-patient email, and other patient-related electronic communications, shall be stored and filed in the patient record.

c. Patients shall be informed of alternative forms of communication for urgent matters.
Ala. Code § 34-9-44 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-44
Section 34-9-44 Records to Be Kept by Secretary-Treasurer; Copies and Certificates as Evidence
Status: in_force

The secretary-treasurer of the board shall keep a registry in which shall be entered the names of all persons to whom license certificates have been granted under this chapter, the numbers of such license certificates, the dates of granting the same and other matters of records, and he or she shall keep a true and correct copy of the minutes of all board meetings, and the book so provided and kept shall be the official book of records. A copy of the records or a copy of the records certified by the secretary-treasurer and under the seal of the board shall be admitted in any of the courts of this state as prima facie evidence of the facts contained in the records and in lieu of the original thereof. A certificate under the hand of the secretary-treasurer and the seal of the board that there is not entered in such record books the name and number of and date of granting such license certificate to a person charged with a violation of any of the provisions of this chapter shall be prima facie evidence of the facts contained therein. Such certificates shall be admitted in any of the courts of this state in lieu of the records of the board. The original books, records, and papers of the board shall be kept at the office of the secretary-treasurer of the board, which office shall be at such place as may be designated by the board.
Ala. Code § 34-30-52 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-52
Section 34-30-52 Filling of Vacancies
Status: in_force

Appointments to fill vacancies on the Board of Social Work Examiners caused by a reason other than the expiration of a member’s term shall be for the duration of the unexpired term and shall be made by the Governor from a list as described in Section 34-30-50.
Ala. Code § 34-37-6.1 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-6.1
Section 34-37-6.1 Ratio of Apprentice Plumbers and Apprentice Gas Fitters Working Under the Supervision of a Journeyman or Master Plumber or Gas Fitter
Status: in_force

The board may set a ratio of apprentice plumbers and apprentice gas fitters working under the supervision of any journeyman or master plumber or gas fitter; provided, the ratio shall be not less than three apprentices to any one journeyman or master plumber or gas fitter for those individuals working on non-residential jobsites and not less that five apprentices to any one journeyman or master plumber or gas fitter for those individuals working on residential jobsites.
Ala. Code § 34-7-10 — Alabama Code / Title 34 / Chapter 7 / Section 34-7-10
Section 34-7-10 Issuance of License or Certificate
Status: reserved

Repealed by Act 99-345 p. 478, § 3, 1999 Regular Session, effective June 3, 1999.
Ala. Code § 34-21-2 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-2
Section 34-21-2 Board of Nursing Generally
Status: in_force

(a) There is created the Board of Nursing, which shall be composed of 13 members to be appointed and have the duties and powers enumerated in this section. The Governor shall coordinate his or her appointments to assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state with the remaining members being appointed from the state at-large. As the terms of all board members expire, their successors shall be appointed for terms of four years each. Vacancies in unexpired terms shall be filled in the same manner as original appointments are made. No member shall be appointed to more than two consecutive terms of four years each. Six members of the board shall be licensed professional nurses, one member of the board shall be a licensed professional nurse who is approved to engage in advanced practice nursing in this state, one member of the board shall be a certified registered nurse anesthetist who is approved to engage in advanced practice nursing in this state, four members of the board shall be licensed practical nurses, and one member of the board shall be a consumer.

(b)(1) The Governor shall appoint the seven members of the board who are licensed professional nurses, including the one licensed professional nurse who is approved to engage in advanced practice nursing in this state, from a list of nominees who are selected by the Board of Nursing Nomination Committee and furnished to the Governor by the Alabama State Nurses Association, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees as there are appointments to be made or vacancies to be filled. The Alabama State Nurses Association, or its successor organization, on or before December 1 of each year, or at such other time as necessary, shall furnish the Governor with a list of licensed professional nurses qualified for appointment to the board. In the nominating and appointing process, due care shall be taken to ensure the maintenance of qualified representation from the fields of nursing education, nursing administration, clinical nursing, and advanced practice nursing.

(2) The Governor shall appoint the one at-large member of the board who is a certified registered nurse anesthetist who is approved to engage in advanced practice nursing in this state from a list of at least two nominees furnished to the Governor by the Board of Directors of the Alabama Association of Nurse Anesthetists, or its successor organization. The list of qualified certified registered nurse anesthetists shall be furnished to the Governor on or before December 1 of each year in which the term of office of the member or a nominee of the Board of Directors of the Alabama Association of Nurse Anesthetists, or its successor organization, shall expire, or at such other time as necessary, for an initial appointment to the board beginning January 1, 2026.

(3) The Governor shall appoint two of the four members of the board who are licensed practical nurses from a list of nominees furnished him or her by the Board of Directors of the Licensed Practical Nurses Association of Alabama, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees for the vacancies to be filled. The Board of Directors of the Licensed Practical Nurses Association of Alabama, or its successor organization, on or before December 1 of each year in which the term of office of a board member or a nominee of the Board of Directors of the Licensed Practical Nurses Association of Alabama shall expire, or at such other time as necessary, shall furnish the Governor with the list of licensed practical nurses qualified for appointment to the board.

(4) The Governor shall appoint two of the four members of the board who are licensed practical nurses from a list of nominees furnished him or her by the Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, and the list, when furnished, shall contain at least twice the number of nominees for the vacancies to be filled. The Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, on or before December 1 of each year in which the term of office of a board member filled by the nominee of the Board of Directors of the Alabama Federation of Licensed Practical Nurses, Incorporated, or its successor organization, shall expire, or at such other time as necessary, shall furnish the Governor with a list of licensed practical nurses qualified for appointment to the board.

(c) The Governor may remove any member from the board for neglect of duty of the board, incompetency, or unprofessional or dishonorable conduct.

(d) Each individual appointed to the board as a licensed professional nurse shall be a citizen of the United States, be a resident of this state, and have all of the following additional qualifications:

(1) Be a graduate of a state-approved educational program for the preparation of practitioners of professional nursing.

(2) Be a currently licensed professional nurse in this state.

(3) Have a minimum of five years’ successful nursing experience in an administrative, teaching, clinical capacity, or advanced practice.

(4) Be actively engaged in professional nursing in this state immediately preceding and during appointment.

(e) Each individual appointed to the board as a licensed practical nurse shall be a citizen of the United States, be a resident of this state, and have all of the following additional qualifications:

(1) Hold a diploma from an accredited high school or its equivalent.

(2) Be a graduate of a state-approved vocational educational program for the preparation of practitioners of licensed practical nursing.

(3) Be a currently licensed practical nurse in this state.

(4) Have a minimum of five years’ successful nursing experience.

(5) Be actively engaged in licensed practical nursing in this state immediately preceding and during appointment.

(f) The consumer member of the board may not be a member of any of the health care professions. The consumer member shall be appointed by the Governor and shall serve for a term of four years. His or her successor shall be appointed in a like manner at the expiration of each term or upon a vacancy for the remainder of an unexpired term of office. The consumer member of the board, presently or formerly, shall have no direct financial interest in any health care facility, profession, agency, or insurer, or be, or have been, a health care worker.

(g) All members of the board shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members.

(h) The board shall meet at least once a year and, at its organizational meeting and at its annual meetings thereafter, shall elect from its members a president, a vice president, and a secretary. The board may hold other and additional meetings during any year as the board deems necessary for the transaction of business. A majority of the board, including one officer, shall constitute a quorum at any meeting.

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

(1) Adopt and revise rules, not inconsistent with the law, as may be necessary to carry out this chapter.

(2) Prescribe standards and approve curricula for nursing educational programs preparing individuals for licensing under this chapter.

(3) Provide for surveys and evaluations of programs at times as the board may deem necessary.

(4) Approve nursing educational programs that satisfy the requirements of this chapter and the board. Nothing in this chapter shall be construed to diminish the power of the State Board of Education or any other constitutionally or legislatively established state agency to govern the schools under their respective jurisdictions.

(5) Deny or withdraw approval from educational programs for failure to satisfy prescribed standards. Withdrawal of approval shall be effected only after a hearing in accordance with board rules.

(6) Examine, license, and renew the licenses of qualified applicants and require employers to submit listings of personnel covered by this chapter to the board upon request including, but not limited to, personnel practicing nursing in Alabama under a multistate license, a single state license, or a multistate licensing privilege. The board may issue qualified applicants either a single state license or a multistate license.

(7) Adopt and revise rules providing standards including, but not limited to, scope of practice for student nurse apprenticeships and the issuance of student nurse apprentice permits by the board to eligible students.

(8) Adopt and revise rules providing standards including, but not limited to, scope of practice for certified medication assistants and the issuance of certified medication assistant permits by the board to eligible applicants. For purposes of this chapter, a certified medication assistant is an individual who has successfully completed a board-approved curriculum for assistance with medications, or a comparable program in another state, who holds a valid certification as a medication assistant, and who has been issued a permit pursuant to this chapter. Practice by a certified medication assistant is limited to employment in health care or educational facilities that are licensed, certified, or operated by this state.

(9) Adopt and revise rules providing standards including, but not limited to, scope of practice for certified nursing support technicians and the issuance of permits by the board to eligible applicants. For purposes of this chapter, a certified nursing support technician is an individual who has successfully completed a board-approved curriculum for performing supportive nursing services, or a comparable program in another state, and who has passed a board-approved examination and has been issued a permit pursuant to this chapter. Supportive nursing services do not require the exercise of nursing judgment. A nursing support technician performs supportive nursing services under the supervision of a licensed nurse.

(10) Conduct investigations, hearings, and proceedings concerning alleged violations of this chapter or of the rules of the board.

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

(12) Cause the prosecution of any individual violating this chapter and incur necessary expenses therefor.

(13) Keep a public record of all of its proceedings.

(14) Keep a register of all licensees.

(15) Make an annual report to the Governor.

(16) Appoint and employ a qualified individual, not subject to the state Merit System nor a member of the board, to serve as the executive officer and administrator and commissioner of the Enhanced Nurse Licensure Compact for Alabama.

(17) Define the duties and fix the compensation of the executive officer and administrator and commissioner of the Enhanced Nurse Licensure Compact for Alabama, with the approval of the Governor and the State Personnel Board as provided in Section 36-6-6.

(18) Employ other individuals as may be necessary to carry on the work of the board and provide for appropriate bonding of employees. Regular employees of the board shall be employed subject to the state Merit System in effect at the time of employment.

(19) Employ consultants, specialists, counsel, or other specially qualified individuals under contract or on a part-time basis to assist the board in administering this chapter and without regard to the state Merit System, and pay for the services of those individuals.

(20) Accept gifts and grants upon terms and conditions imposed by the board through official resolutions.

(21) Perform other duties, not inconsistent with law, as required by this chapter to foster and improve nursing, the regulation of the practice of nursing, and the public health of this state.

(22) Expend funds of the board in exercising board powers and duties and in administering this chapter.

(23) Determine and collect reasonable fees.

(24) Adopt standards for registered and practical nursing practice and for continued competency of licensees.

(25) Join organizations that develop and regulate the national nursing licensing examinations and promote the improvement of the legal standards of the practice of nursing for the protection of the public health, safety, and welfare.

(j) The executive officer employed by the board shall be a citizen of the United States, be an individual of the highest integrity, and possess all of the following additional qualifications:

(1) Be a licensed professional nurse in Alabama or eligible for licensing.

(2) Be a graduate of a professional nursing program approved by the state in which the program was completed.

(3) Hold a master’s degree.

(4) Have had a varied experience in nursing, including at least five years’ experience in an administrative or teaching capacity.

(k) The executive officer shall be bonded for the faithful performance of the duties of the office in the sum of not less than five thousand dollars ($5,000), and the premium of the bond shall be paid out of the funds of the board.

(l) Each member of the board shall receive the same per diem and travel allowance as is paid by law to state employees for each day’s attendance at the board meetings incurred in the discharge of his or her duties as a board member in addition to any daily compensation or allowance, if any, as may be provided by the board, in any amount as may be determined by the board. Any member of the board engaged in duties under the direction of the board shall receive the per diem and travel expenses and daily compensation or allowance authorized by the board.

(m) Nothing in this chapter shall limit the rights of affected parties to appeal decisions of the board with regard to rules adopted pursuant to this chapter.

(n) Participation by the state in the compact provided in Article 7 shall be subject to review and evaluation by the Sunset Committee pursuant to Chapter 20 of Title 41, with the first review occurring in 2024. The Sunset Committee shall determine whether continued participation in the compact is in the best interests of the board or the licensees of the board. The Sunset Committee shall also review and evaluate participation in the compact within one year after the occurrence of any of the following:

(1) The annual assessment charged the board for participation in the compact exceeds one-half of one percent of the gross revenue of the board for the fiscal year immediately preceding the levying of the annual assessment.

(2) The state, the board, or members or employees of the state or board are named defendants in a suit brought in any court of law or equity by the Interstate Commission of Nurse Licensure Compact Administrators pursuant to Article 7.

(3) The passage of a resolution by either house of the Legislature requesting review pursuant to Section 41-20-3(d).
Ala. Code § 34-39-5 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-5
Section 34-39-5 Exceptions
Status: in_force

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of any of the following persons:

(1) Any person licensed under any other law of the state from engaging in the profession for which he or she is licensed.

(2) Any person employed as an occupational therapist or an occupational therapy assistant by the government of the United States, if the person provides occupational therapy solely under the direction or control of the organization by which he or she is employed.

(3) Any person pursuing a course of study leading to a degree in occupational therapy at an accredited or approved educational program if the activities and services constitute a part of a supervised course of study, if the person is designated by a title which clearly indicates his or her status as a student or trainee.

(4) Any person fulfilling the supervised fieldwork experience requirements of subdivision (2) of Section 34-39-8.
Ala. Code § 34-34A-10 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-10
Section 34-34A-10 Exceptions
Status: in_force

This chapter does not prevent or restrict the practice, services, or activities of:

(1) A dietetic technician, from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist provided such activities are related to employment.

(2) A student enrolled in an approved educational program in dietetics/nutrition from engaging in the practice of dietetics/nutrition under the supervision of a licensed dietitian/nutritionist provided the activities are part of such program.

(3) A dietitian/nutritionist who is serving in the armed forces or the public health services of the United States or is employed by the Veterans Administration or other federal government agencies or the cooperative extension system from engaging in the practice of dietetics/nutrition provided such practice is related to such service or employment.

(4) A duly licensed health professional from engaging in the practice of dietetics/nutrition when incidental to the practice of his/her profession, provided that such a person does not represent himself/herself as a licensed dietitian/nutritionist or as able to practice dietetics/nutrition.

(5) A government employee other than a dietitian/nutritionist, or a certified teacher employed by a federal, state, county, or municipal agency, or other political subdivision, or an elementary or secondary school, or an accredited institution of higher education, from discharging his/her official duties, provided that if such person practices dietetics/nutrition in this state outside the scope of that official duty, he/she shall be licensed under this chapter.

(6) Any person, including hospital food service managers/directors and child nutrition program managers, who has management responsibility for food service department policies, procedures, and outcomes from performing his/her job provided that such a person does not represent himself/herself as a licensed dietitian/nutritionist.

(7) Nothing in this chapter is intended to prohibit any person who does not hold himself or herself out to be a dietitian or nutritionist from furnishing general nutritional information on food, food materials, or dietary supplements or from engaging in the explanation to customers about foods or food products in connection with marketing and distribution of those products, nor to prohibit any person licensed under this chapter from engaging in the marketing and distribution of food or food products.

(8) Any person who provides weight control services provided the program has been reviewed by a dietitian/nutritionist as defined in this chapter and consultation is available from a dietitian/nutritionist. No changes in a weight control program shall be initiated without prior approval by a dietitian/nutritionist as defined in this chapter.

(9) A dietitian/nutritionist licensed under this chapter from providing nutrition counseling on health and wellness to the public as an independent agent.
Ala. Code § 34-37-17 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-17
Section 34-37-17 Violation; Penalties
Status: in_force

(a) The board shall have the administrative authority to discipline or require a certificate holder to attend training specific to violations. The board has the authority to levy civil fines or penalties to any registered apprentice, certificate holder, or legal entity registered by the board for a violation of any provision of this chapter regulating plumbers, gas fitters, or medical gas pipe fitters up to two thousand dollars ($2,000) per violation and actual hearing cost.

(b) 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 or legal entity engaged in any activity, conduct, or practice constituting a violation of this chapter, directing the person or legal entity to forthwith cease and desist from the activity, conduct, practice, or performance of any work then being performed or about to be commenced.

(c) Except as provided in Section 13A-9-111.1, it shall be unlawful for any person or legal entity to violate any provision of this chapter regulating plumbers, gas fitters, or medical gas piping fitters. Any person convicted of such violation shall be punished as prescribed for a Class A misdemeanor.
Ala. Code § 34-5-7 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-7
Section 34-5-7 Barber Colleges - Certification for Each Separate Location; Establishment of New Colleges
Status: in_force

For the purposes of this chapter and the regulations of the board, each separate location at which the practice of barbering or any part thereof is taught shall be considered to be a barber college, and a separate certificate shall be required for each. However, facilities at which the practice of barbering or any part thereof is taught which are operated or maintained by a college in the same central area as the main establishment of the college shall not be deemed for the purposes of this chapter to be a separate college. No such facility shall be operated or maintained by a college until and unless each has been inspected and approved by the board in the same manner as is required before a certificate to operate a college may be issued, the fee prescribed by this chapter paid, and a certificate to operate and maintain the particular facility is issued by the board.

In considering whether the establishment of a new barber college in a particular area will be detrimental to the public welfare, the board shall consider the need for barber college facilities or additional barber college facilities, as the case may be, in the community where the proposed barber college is to be located, giving particular consideration to:

(1) The economic character of the community.

(2) The adequacy of existing barbershops and barber colleges in that community.

(3) The ability of the community to support the proposed barber college.

(4) The character of adjacent communities and the extent to which the establishment of the proposed barber college would draw patrons from such adjacent communities.

(5) The social and economic effect of the establishment of a barber college on the community where it is proposed to be located and on the adjacent communities.

(6) The expressed opinion of the registered barbers in the area of the proposed college, as evidenced in person or by written petition to the board.

No barber college shall be approved by the board unless it requires as a prerequisite to graduation a course or instruction of not less than 1,000 hours. The board shall approve all hours of instruction given by any of the state educational institutions and schools.

The course of instruction shall include the following subjects: Scientific fundamentals of barbering, hygiene and bacteriology; history of the head, face and neck; elementary chemistry as it relates to sterilization and asepsis; diseases of the skin and hair glands; and the massaging and manipulation of the muscles of the body above the seventh cervical vertebra; hair cutting and shaving; and the arranging, dressing, coloring, bleaching, and tinting of the hair.
Ala. Code § 34-21-22 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-22
Section 34-21-22 License to Practice Practical Nursing; Use of Title “Licensed Practical Nurse.”
Status: in_force

(a) An applicant for a license to practice practical nursing as a licensed practical nurse shall submit to the board written evidence of qualification, verified by oath, that the applicant is of good moral character, is a high school graduate and holds a diploma from an accredited high school, or in the opinion of the board, the equivalent thereof, has successfully completed an educational program of at least one year’s duration in a school of practical nursing, approved by the board, and is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government.

(b) A license to practice as a licensed practical nurse may be obtained in the following manners:

(1) BY EXAMINATION. The applicant shall be required to pass an examination on such subjects as the board may determine; and, upon successfully passing such examination, the board shall issue such applicant a license.

(2) BY ENDORSEMENT. The board may issue a license to practice practical nursing as a licensed practical nurse to an applicant who has been duly licensed as a licensed practical nurse (irrespective of the title or designation granted when such license was issued) under the laws of another state, territory, or foreign country, if, in the opinion of the board, such applicant meets the requirements for licensed practical nurses in this state at the time of his or her graduation. There shall be no license to practice practical nursing granted by the previously known waiver method.

(3) BY TEMPORARY PERMIT. The board may issue a temporary permit to practice practical nursing as a licensed practical nurse to graduates of approved schools of practical nursing pending the completion of licensing procedures in Alabama and to qualified applicants pending licensing procedures under subdivision (2).

(c) Any person who holds a license to practice practical nursing as a licensed practical nurse in this state shall have the right to use the title “licensed practical nurse” and the abbreviation “L.P.N.” No other person shall assume or use such title or abbreviation or any other words, letters, signs, or devices to indicate that the person using the same is licensed to practice practical nursing as a licensed practical nurse.

(d) Any person holding a license or certificate of original registration to practice practical nursing as a licensed practical nurse, issued by the Alabama Board of Nurses’ Examiners and Registration and issued by the board and which was valid on December 31, 1965, shall hereafter be eligible for licensing to practice practical nursing as a licensed practical nurse under the provisions of this chapter.

(e) An applicant for a license to practice practical nursing in Alabama may apply for either a single state license or a multistate license.
Ala. Code § 34-27-8 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-8
Section 34-27-8 Real Estate Commission - Quorum; Rulemaking and Enforcement
Status: in_force

(a) A majority of the commission members shall constitute a quorum for the conduct of commission business. The commission may adopt and enforce all rules pursuant to the Alabama Administrative Procedure Act necessary for the administration of this chapter, and to otherwise do all things necessary and convenient for effecting this chapter.

(b) In addition to the powers granted in this section, the commission may adopt and enforce rules governing the requirements of agency disclosure by licensed brokers and salespersons.
Ala. Code § 34-39-42 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-42
Section 34-39-42 Construction and Severability
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Ala. Code § 34-9-7 — Alabama Code / Title 34 / Chapter 9 / Section 34-9-7
Section 34-9-7 Exemption of Certain Practices and Operations
Status: in_force

(a) Nothing in this chapter shall apply to the following practices, acts, and operations:

(1) The practice of his or her profession by a physician or surgeon holding a certificate of qualification as a medical doctor and licensed as such under the laws of this state, provided he or she shall not practice dentistry as a specialty.

(2) The practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States Army, Navy, Air Force, or other armed services, public health service including, but not limited to, a federally qualified health center authorized and operating under Section 330 of the Public Health Service Act (42 U.S.C. § 254B), provided, however, that such federally qualified health centers shall register pursuant to Section 34-9-7.2 (provided further however, dentists, dental hygienists, and other personnel employed by any public health service which performs dental health care for the general public under programs funded in whole or part by the state or federal government shall be subject to all of the provisions of this chapter and the rules and regulations duly promulgated by the board governing the practice of dentistry and dental hygiene in this state), Coast Guard, or Veteran’s Administration.

(3) The practice of dentistry by a licensed dentist of other states or countries at meetings of the Alabama Dental Association or components thereof, or other like dental organizations approved by the board, while appearing as clinicians, or when appearing in emergency cases upon the specific call of dentists duly licensed under this chapter.

(4) The filling of prescriptions of a licensed and registered dentist, as hereinafter provided, by any person or persons, association, corporation, or other entity for the construction, reproduction, or repair of prostheses (fixed or removable) or appliances on a cast made by or from impressions made by a licensed and currently registered dentist, to be used or worn as a substitute for natural teeth; provided, that the person or persons, association, corporation, or other entity, shall not solicit or advertise, directly or indirectly, by mail, card, newspaper, pamphlet, radio, television, Internet, or otherwise, to the general public to construct, reproduce, or repair prostheses (fixed or removable) or other appliances to be used or worn as substitutes for natural teeth.

(5) The use of roentgen machines or other means for making radiographs, digital images, or similar records, of dental or oral tissues under the supervision of a licensed dentist or physician; provided, that the services shall not be advertised by any name whatever as an aid or inducement to secure dental patronage, and no person shall advertise that he or she has, leases, owns, or operates a roentgen or other machine for the purpose of making dental radiographs or images, of the human teeth or tissues or the oral cavity, or administering treatments thereto for any disease thereof.

(6) The giving of a general anesthetic by a nurse anesthetist who administers a general anesthetic under the direct supervision of a duly licensed dentist to a patient who is undergoing dental treatment rendered by the dentist.

(7) The use of a nurse in the practice of professional or practical nursing, as defined in Sections 34-21-1 through 34-21-26, by a dentist.

(8) A dentist who engages in the practice of dentistry across state lines in an emergency, as defined by the board.

(9) A dentist who engages in the practice of dentistry across state lines on an irregular or infrequent basis. The “irregular or infrequent” practice of dentistry across state lines is considered to occur if the practice occurs less than 10 days in a calendar year.

(b) A dentist or dental hygienist on active duty, or performing his or her duties as a reservist in the military, is not subject to any fee required for a special purpose license to practice dentistry across state lines. The dentist or dental hygienist shall notify the board in advance of his or her participation in military activities and shall forward a copy of his or her current dental license or permit, or both, to the board. The dentist or dental hygienist shall also provide proof of military status and any orders requiring him or her to perform dental treatment services in this state.
Ala. Code § 34-22-61 — Alabama Code / Title 34 / Chapter 22 / Section 34-22-61
Section 34-22-61 Powers and Duties of Board
Status: in_force

(a) The Board of Optometric Scholarship and Loan Awards may make reasonable rules, not inconsistent with the laws of this state, necessary for the regulation of its proceedings and for the discharge of the duties imposed upon the board.

(b) The board shall receive and review all applications for scholarships and loans; shall thoroughly investigate the ability, character, and qualifications of each applicant; and shall administer the scholarships and loans, subject to the provisions of this article.

(c) At least once every two years, the board shall calculate by county or other geographic area an Optometric Shortage Index by dividing the population of the geographic area by the number of optometrists practicing within that geographic area.

(d)(1) Annually, on or before the first day of December, the board shall submit a report on the condition, performance, and accomplishments of the scholarships granted and loans issued to all the following:

a. The Governor.

b. The Lieutenant Governor.

c. The Speaker of the House of Representatives.

d. The President Pro Tempore of the Senate.

e. The Chair of the House of Representatives Health Committee.

f. The Chair of the Senate Healthcare Committee.

g. The Chair of the Senate Finance and Taxation Education Committee.

h. The Chair of the House of Representatives Ways and Means Education Committee.

i. The Deputy Director of the Legislative Services Agency-Fiscal Division.

j. The Director of Finance.

(2) The board shall work with the Alabama Commission on the Evaluation of Services to develop, track, and collect the data and information necessary for the report.

(e) Any appropriation made to the board or otherwise received by the board remaining at the end of any fiscal year shall remain with the board and shall not revert to any other fund.
Ala. Code § 34-32-16 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-16
Section 34-32-16 Only Registered Classifiers to Use Title
Status: in_force

Upon one year after enactment, it shall be unlawful for anyone other than a professional soil classifier registered under this chapter to sign or endorse as a registered professional soil classifier any plans, specifications, plats, reports, or other documents, or to use in any manner the title “registered professional soil classifier.”
Ala. Code § 34-21-127 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-127
Section 34-21-127 Rulemaking Authority
Status: in_force

(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this compact and the rules adopted under this compact. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as this compact.

(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

(c) Before the adoption of a final rule by the commission, and at least 60 days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rulemaking on the website of the commission and on the website of each licensing board or the publication in which each party state would otherwise publish proposed rules.

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

(1) The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon.

(2) The text of the proposed rule or amendment and the reason for the proposed rule or amendment.

(3) A request for comments on the proposed rule from any interested person.

(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

(e) Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment to a rule.

(g) The commission shall publish the place, time, and date of the scheduled public hearing.

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings shall be recorded, and a copy of the recording shall be made available upon request.

(2) Nothing in this section shall be construed as requiring a separate hearing on each rule. Proposed new rules or amendments to existing rules may be grouped together for the convenience of the commission at hearings required by this section.

(h) If no one appears at a public hearing, the commission may proceed with the adoption of a proposed rule.

(i) Following a scheduled hearing date, or by the close of business on the scheduled hearing date if a hearing was not conducted, the commission shall consider all written and oral comments received.

(j) The commission, by majority vote of all administrators, shall take final action on a proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is a rule that is adopted immediately to do any of the following:

(1) Satisfy an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or party state funds.

(3) Satisfy a deadline for the promulgation of an administrative rule that is required by federal law or rule.

(4) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revision shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the commission, before the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
Ala. Code § 34-21-25 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-25
Section 34-21-25 Disciplinary Actions; Administrative Fines; Voluntary Disciplinary Alternative Program
Status: in_force

(a) For disciplinary purposes, the board may adopt, levy, and collect 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 against the holder of any license, permit, certificate, or approval issued by the board or the holder of a multistate privilege to practice nursing in this state.

(b)(1) The board may also deny, revoke, place on probation with conditions for continued practice, suspend, require the evaluation of, impose continuing education requirements upon, or otherwise discipline any applicant for or holder of any license, permit, certificate, or approval issued by the board or holder of a multistate privilege to practice in this state, upon proof of any of the following regarding the applicant for or holder of any license, permit, certificate, approval, or multistate privilege to practice in this state:

a. Is guilty of fraud or deceit in procuring or attempting to procure a license.

b. Has been convicted of a felony.

c. Is guilty of a crime involving moral turpitude or of gross immorality that would tend to bring reproach upon the nursing profession.

d. Is unfit or incompetent due to the use of alcohol, or is addicted to the use of habit-forming drugs to an extent as to render him or her unsafe or unreliable as a licensee.

e. Is unable to practice nursing with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or any other substance, or as a result of any mental or physical condition.

f. Has been convicted of any violation of a federal or state law relating to controlled substances.

g. Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health.

h. Has willfully or repeatedly violated this article, as defined by board rules.

i. Has been sentenced to a period of continuous incarceration serving a penal sentence for the commission of a misdemeanor or felony. The disciplinary action shall remain in effect until the board acts upon the application of the licensee for reinstatement of the license.

(2) The board may refrain from or delay taking disciplinary action under this subsection if a licensee may be voluntarily treated or rehabilitated pursuant to subsection (j).

(c) Whenever a written complaint is made to the board that an individual has committed any of the acts or has come within any of the provisions enumerated in subsection (b), the board shall investigate the complaint and may bring an action in its own name to hear and determine the complaint. The hearing shall be held in Montgomery County. The individual whose qualification is under consideration shall have not less than 20 days’ written notice of the time and place of the initial hearing, and the notice shall be accompanied by a copy of the complaint. The notice may be served upon the accused individual by any sheriff of this state. If the accused individual is out of the state, evades service, or cannot be served in person, then service may be made by mailing, by registered or certified mail, the notice and a copy of the complaint to the accused individual at his or her last known mailing address in this state, and the return shall show that service has been made in this manner.

(d) At the hearing, the complainant, the individual whose qualification is under consideration, and any other individual permitted by the board, may introduce all oral or written testimony, or both, as the board deems relevant to the issues involved, and may be heard in person or by counsel, or both. The board may permit the complaint to be amended, but no amendment shall be permitted which is not germane to the charge or charges sought to be amended or which materially alters the nature of any offense charged. The board may determine all questions as to the sufficiency of the complaint, procedure, and admissibility and weight of evidence. If the individual whose qualification is under consideration is absent, the hearing may proceed in his or her absence.

(e) Any accused individual, complainant, or other party and the board may subpoena witnesses or pertinent records for the hearing, and those subpoenas may be served by any sheriff of this state. Witnesses may be sworn by the president of the board or by the individual discharging the duties of the president. Witnesses testifying at a hearing shall upon discharge as a witness be paid by the party requesting the subpoena an amount not to exceed the per diem expense allowed to state employees for in-state travel and the actual cost of transportation to and from the place of the hearing, not to exceed the mileage rate allowed to state employees for in-state travel.

(f) Evidence may also be taken by deposition, and the law and practice as to depositions in circuit courts shall be followed in all reasonable respects.

(g) If the accused individual is found guilty of the charges, the board may refuse to issue a license, may revoke or suspend a license, or may otherwise discipline a licensee. A revoked license may be considered for reinstatement after one year in accordance with board rules.

(h) Any individual whose license is ordered suspended or revoked may appeal to the circuit court or a court of like jurisdiction of Montgomery County, from any order of the board under this section, within 30 days from the date of the decision of the board. The trial of appeals shall be conducted in like manner, as nearly as may be, as provided for in the Alabama Administrative Procedure Act.

(i) Any organization, registered nurse, licensed practical nurse, or other individual who in good faith reports information to the board alleging that any individual licensed or applying for a license to practice nursing may be guilty of the acts, offenses, or conditions set out in Section 34-21-7 or subsection (b), shall not be liable to any individual for any statement or opinion made in that report.

(j) The board shall establish a voluntary Disciplinary Alternative Program to promote early identification, intervention, treatment, and rehabilitation of any licensed nurse whose competence is found to be impaired or compromised because of the use or abuse of drugs, alcohol, controlled substances, chemicals, or other substances or as a result of a physical or mental condition rendering the licensee unable to meet the standards of the nursing profession. The intent of the program is to provide a voluntary alternative to traditional disciplinary actions.

(1) When a registered nurse or licensed practical nurse voluntarily seeks treatment for use or abuse of drugs, controlled substances, alcohol, chemicals, or other substances, or has a physical or mental condition that would render the individual unable to meet the standards of the nursing profession, the board may refrain from taking disciplinary action under subsection (b) if the board determines that the licensee may be treated or rehabilitated effectively and that there is no danger to the public. Upon voluntarily seeking treatment, the licensee is subject to the requirements of the Disciplinary Alternative Program established by the board.

(2) The board may establish, develop, adopt, and revise rules, and may adjust the license renewal fee as necessary to implement this subsection.

(3) The board may appoint an Advisory Council for the Disciplinary Alternative Program pursuant to Section 34-21-3.

(4) The board may contract with specially qualified individuals or corporations, or both, to assist the board in administering the Disciplinary Alternative Program.

(5) The board shall establish by rule criteria for eligibility to participate in the Disciplinary Alternative Program and requirements for successful participation in and completion of the program.

(6) Subject to Section 34-21-125, all records of a licensee who successfully completes the Disciplinary Alternative Program shall be confidential, not subject to public disclosure, and not available for court subpoena or for discovery proceedings. The records of a licensee who fails to comply with the program agreement or who leaves the state prior to the successful completion of the program are not confidential. Information regarding the participation of a licensee in the Disciplinary Alternative Program reported to the coordinated licensure information system pursuant to Section 34-21-125 shall be made available solely to other state boards of nursing and shall not be disclosed to the public by the coordinated licensure information system. Upon successful completion of the Disciplinary Alternative Program, all information regarding participation of the licensee in the Disciplinary Alternative Program shall be expunged from the coordinated licensure information system.

(7) Nonpublic or confidential data submitted to the coordinated licensure information system by the board may not be distributed to any nonparty state, organization, individual, or entity, or any foreign government or an agent, entity, or representative of a foreign government, without the express written approval of the board.

(8) On request and payment of a certified verification fee, the board shall provide a registered nurse or licensed practical nurse licensed by this state with a copy of any information regarding the nurse maintained by the coordinated licensure information system under Article 7.

(9) The board is not obligated to provide information that is not otherwise available to the board or information that is not available to the licensee under the laws of the state contributing the information to the coordinated licensure information system or that has been designated as available only to other boards of nursing by the state contributing the information to the coordinated licensure information system.

(10) Nothing in this subsection shall limit the authority of the board to discipline an impaired licensee subject to its jurisdiction.

(k) The board may adopt rules imposing a nondisciplinary administrative penalty for designated violations of this chapter.