Ala. Code § 34-28A-69 — Alabama Code / Title 34 / Chapter 28A / Section 34-28A-69
Section 34-28A-69 Rulemaking
Status: in_force

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

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

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

(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 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 or other publicly accessible platform and on the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) 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.

(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.

(f) Prior to the 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.

(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:

(1) At least 25 persons.

(2) A state or federal governmental subdivision or agency.

(3) An association having at least 25 members.

(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held by electronic means, the commission shall publish the mechanism for access to the electronic hearing.

(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(2) 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.

(3) All hearings shall be recorded. A copy of the recording shall be made available to any person upon request, at his or her own expense.

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

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

(j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

(k) The commission, by majority vote of all members, shall take final action on the 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.

(l) 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 one that must be adopted immediately in order to fulfill any of the following:

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

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

(3) Meet a deadline for the adoption of an administrative rule that is established by federal law or rule.

(m) The commission or an authorized committee of 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 revisions 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 chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
Ala. Code § 34-14C-8 — Alabama Code / Title 34 / Chapter 14C / Section 34-14C-8
Section 34-14C-8 Sunset Provision
Status: in_force

The board shall be subject to the Alabama Sunset Law as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2002, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-8-1 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-1
Section 34-8-1 Definitions
Status: in_force

(a) For the purpose of this chapter, a “general contractor” is defined to be one who, for a fixed price, commission, fee, or wage, undertakes to construct or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, or demolition of any building, highway, sewer, structure, site work, grading, paving, or project or any improvement in the State of Alabama where the cost of the undertaking is one hundred thousand dollars ($100,000) or more. A person who does any of the activities described in this subsection shall be deemed to have engaged in the business of general contracting in the State of Alabama.

(b) For the purpose of this chapter, a “general contractor” is defined to include one who, for a fixed price, commission, fee, or wage exceeding five thousand dollars ($5,000), undertakes to construct, superintend the construction of, repair, or renovate, any swimming pool . Any person who engages in the construction, superintending of the construction, repair, or renovation of any swimming pool in the State of Alabama, where the cost of the undertaking exceeds five thousand dollars ($5,000), shall be deemed to have engaged in the business of general contracting in the State of Alabama and shall be subject to this chapter.

(c) For the purpose of this chapter , a “subcontractor” is defined to be one who constructs, superintends, or engages in the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, or demolition of any building, highway, sewer, structure, site work, grading, paving, or project or any improvement in the State of Alabama where the cost of the undertaking is one hundred thousand dollars ($100,000) or more under contract to a general contractor , as defined in subsection (a) , or another subcontractor.
Ala. Code § 34-8A-83 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-83
Section 34-8A-83 Functions and Duties of Committee
Status: in_force

The Alabama Licensed Counselor Wellness Committee may perform all of the following functions and duties:

(1) Receive and evaluate reports of suspected impairment from any source, including referrals from the board.

(2) Intervene in the case of a verified impairment.

(3) Refer impaired licensees to appropriate treatment programs.

(4) Monitor the treatment and rehabilitation of impaired licensees.

(5) Provide post-treatment monitoring and aftercare support for rehabilitated impaired licensees.

(6) Submit an annual statistical report to the board on the activities of the committee in a form approved by the board.

(7) Report to the board any licensee who, in the opinion of the committee, satisfies all of the following:

a. Is unable to continue in the practice of counseling with reasonable skill and safety to his or her clients.

b. Appears to be in need of intervention, treatment, or rehabilitation.

c. Has failed or refused to participate in treatment programs or rehabilitation as recommended by the committee.

(8) Develop outreach and awareness programs that promote and publicize the services available through the wellness program.

(9) Upon request of the board, do any of the following:

a. Develop standards for the evaluation of treatment facilities to be used by licensees referred by the committee for treatment.

b. Evaluate and recommend to the board the approval of treatment and rehabilitation facilities or programs, or both, to be used by licensees referred by the committee for treatment.

(10) Other functions and duties mutually agreed on by the committee and the board.
Ala. Code § 34-27C-15 — Alabama Code / Title 34 / Chapter 27C / Section 34-27C-15
Section 34-27C-15 Security Certification Fund
Status: in_force

There is created in the State Treasury, with funds expended by the board to defray the expenses of administering this chapter, a special revenue trust fund designated as the Security Certification Fund. All receipts collected by the board under this chapter shall be deposited in the fund and shall only be used to implement this chapter. Receipts deposited into the fund shall be disbursed only by warrants of the state Comptroller drawn upon the State Treasury on itemized vouchers approved by the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act, other appropriations acts, or this chapter. At the end of any fiscal year following May 21, 2009, any unencumbered and unexpended balance in the fund shall not revert to the General Fund of the State Treasury under Section 41-4-93, but shall carry over to the next fiscal year.
Ala. Code § 34-30-31 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-31
Section 34-30-31 Professional Associations
Status: in_force

Licensed independent clinical social workers shall be permitted to form professional associations to operate in the practice of social work according to Alabama law.
Ala. Code § 34-3-88 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-88
Section 34-3-88 Existing Causes of Removal or Suspension and Laws Relating Thereto Cumulative
Status: in_force

The causes of removal or suspension of attorneys and methods of proceeding in reference to such removal or suspension are hereby declared to be cumulative with the right and power herein given to the Board of Commissioners to reprimand, suspend, exclude, or disbar attorneys.
Ala. Code § 34-15B-5 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-5
Section 34-15B-5 Powers and Duties of Board
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-29-84 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-84
Section 34-29-84 Filing of License with Probate Office; Fee
Status: in_force

A person shall be responsible for filing his or her license with the probate office of the county where he or she resides or the probate office of the county where he or she may move, or each county where he or she is to practice even if he or she is not a resident. The fee shall be one dollar ($1).
Ala. Code § 34-29-75 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-75
Section 34-29-75 Expiration and Renewal of Licenses; Suspension for Nonrenewal
Status: in_force

All licenses shall expire annually on December 31 of each year but may be renewed by application to the board showing fulfillment of continuing education requirements and payment of a renewal fee established and published by the board. The continuation of practice after the expiration of a license shall be in violation of this article and be cause for suspension of the license. The executive director shall send a reminder of expiration 30 days prior to expiration by first class mail and issue a new display license to all persons registering under this article. Failure to renew a license on or before January 1 of each year shall prompt the executive director to send a final notice of expiration by certified mail, return receipt requested, to the last address of the veterinarian known to the board and a late penalty shall be assessed and the license shall be suspended for non-renewal. A person may renew a license suspended for non-renewal at any time within two years, upon application, payment of the prescribed renewal fee and a late penalty fee per year for late renewals, provided the applicant is otherwise eligible for renewal. The board may renew a license without fulfillment of the continuing education requirement to any nonpracticing veterinarian over 70 years old or grant extensions or exemptions of continuing education requirements for veterinarians with extenuating medical or other circumstances.
Ala. Code § 34-7B-59 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-59
Section 34-7B-59 Data System
Status: in_force

(a) The commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system.

(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.

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

(1) Identifying information.

(2) Licensure data.

(3) Adverse actions against a license and information related thereto.

(4) Non-confidential information related to alternative program participation, the beginning and ending dates of participation, and other information related to participation.

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

(6) The existence of investigative information.

(7) The existence of current significant investigative information.

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

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

(e) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state shall only be available to other member states.

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

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

(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
Ala. Code § 34-31-35 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-35
Section 34-31-35 Sunset Provision
Status: in_force

The State Board of Heating, Air Conditioning, and Refrigeration Contractors shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2004, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
Ala. Code § 34-27A-58 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-58
Section 34-27A-58 Confirmation of Competency; When Payments Due
Status: in_force

(a) Before placing an assignment with an appraiser, an appraisal management company shall require that the appraiser confirm in writing or via electronic means that the appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned.

(b) An appraisal management company operating in this state, except in cases of a mutually agreed upon payment date, breach of contract, or performance of services that violates Uniform Standards of Professional Appraisal Practice or any published standards of best practices, shall make payment to an appraiser for the completion of an appraisal or valuation assignment within 45 days after the date the appraisal management company, or an assignee, receives a completed appraisal or valuation study.
Ala. Code § 34-21-124 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-124
Section 34-21-124 Additional Powers of Party State Licensing Boards
Status: in_force

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to do all of the following:

(1) Take adverse action against the multistate licensure privilege of a nurse to practice within that party state.

a. Only the home state shall have the power to take adverse action against the license of a nurse issued by the home state.

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

(2) Issue cease and desist orders or impose an encumbrance on the authority of a nurse to practice within that party state.

(3) Complete any pending investigations of a nurse who changes his or her primary state of residence during the course of such investigations. The licensing board may also take any appropriate actions and shall promptly report the conclusions of any investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any actions.

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

(5) Obtain and submit, for each applicant for a multistate license, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.

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

(7) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking the adverse action.

(b) If adverse action is taken by the home state against the multistate license of a nurse, the multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the multistate license of a nurse shall include a statement that the multistate licensure privilege of the nurse is deactivated in all party states during the pendency of the order.

(c) Nothing in this compact shall override the decision of a party state that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of his or her participation in an alternative program.
Ala. Code § 34-15A-3 — Alabama Code / Title 34 / Chapter 15A / Section 34-15A-3
Section 34-15A-3 Requirements for Registration
Status: reserved

Repealed by Act 2001-660, p. 1365, §20, effective August 1, 2001, and Act 2010-706, p. 1715, §3, effective August 1, 2010.
Ala. Code § 34-41-1 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-1
Section 34-41-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Professional Geologists Licensing Act.”
Ala. Code § 34-6-30 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-30
Section 34-6-30 Operating Without License
Status: in_force

Every person, firm, or corporation who shall keep or permit to be kept or used any billiard table or tables within a city or incorporated town in this state without having applied for a license as provided by this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not less than $50 nor more than $100, and each day that the table is operated without a license shall be deemed a separate offense.
Ala. Code § 34-18-20 — Alabama Code / Title 34 / Chapter 18 / Section 34-18-20
Section 34-18-20 “Registered Medical Technician” Defined
Status: in_force

A medical technician who has received his or her certificate, currently in force as in this chapter provided, shall be styled and known as a “registered medical technician” (R.M.T.). No other person shall assume the title “registered medical technician” or any other letter or figures to indicate he or she is a registered medical technician. It shall be unlawful for any person to practice in this state as a registered medical technician without a certificate currently in force as provided for in this chapter.
Ala. Code § 34-24-255 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-255
Section 34-24-255 Examinations - Requirements; Issuance of License; Fees
Status: in_force

(a) Every person desiring to commence the practice of podiatry shall apply to the board and shall pay an application fee as established by the board. The applicant shall thereafter take and pass the standard examination provided in this article and fulfill the other requirements as herein provided. The applicant shall be 19 years of age or over, or the age as the board may by rule determine, shall be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government, of good moral character, shall be a graduate of a college of podiatry recognized by the American Podiatric Medical Association, shall have completed a podiatric residency approved by the American Podiatric Medical Association or by the State Board of Podiatry under its rules and regulations, shall have successfully passed all parts of the examination given by the National Board of Podiatric Examiners and shall be able to pass the standard examination prescribed by the State Board of Podiatry. The standard examination shall consist of tests in practical, theoretical, and physiological podiatry, in the anatomy and physiology of the human foot, and in pathology as applied to podiatry. In addition, the standard examination shall test the knowledge of the applicant of the Podiatry Practice Act and the rules and regulations of the board. The standard examination shall not be out of keeping with established teachings and adopted textbooks of recognized schools of podiatry. If the applicant satisfactorily passes the examination provided for he or she shall be issued a license to practice podiatry.

(b) The board may establish and collect an application fee and an examination fee from applicants for licensure, and a nonrefundable reexamination fee for a second or subsequent examination.
Ala. Code § 34-25-21 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-21
Section 34-25-21 Qualifications of Examiner; Bond
Status: in_force

(a) A person is qualified to receive a license as an examiner:

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

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

(3) Who establishes that he or she is a person of honesty, truthfulness, integrity, and moral fitness;

(4) Who has not been convicted of a felony or a misdemeanor involving moral turpitude;

(5) Who holds a baccalaureate degree from a regionally accredited college or university, and/or recognized by the board or, in lieu thereof, has five consecutive years of active investigative experience immediately preceding his or her application;

(6) Who is a graduate of a polygraph examiners’ course approved by the board and has satisfactorily completed not less than six months of internship training; and

(7) Who, when required by this chapter, passed an examination conducted by the board, or under its supervision, to determine his or her competency to obtain a license to practice as an examiner.

(b) Prior to the issuance of a license, the applicant must furnish to the board evidence of a surety bond or insurance policy in an amount to be determined by the board. The surety bond or insurance policy shall be on the condition that the obligor therein will pay to the extent of the face amount of such surety bond or insurance policy all judgments which may be recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of his or her examinations.
Ala. Code § 34-12-37 — Alabama Code / Title 34 / Chapter 12 / Section 34-12-37
Section 34-12-37 Records and Reports
Status: in_force

The board shall keep a record of its proceedings and a register of all applications for registration, which register shall show the name, age and residence of each applicant, the date of the application, the place of business of such applicant, his or her educational and other qualifications, whether or not an examination was required, whether or not the application was rejected, whether or not a license of registration was granted, the date of the action by the board, and such other information as may be deemed necessary by the board. The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Annually, as of the thirtieth day of September each year, the board shall submit to the Governor a report of its transactions of the preceding year and shall transmit to him or her as a part of the report a complete statement of the receipts and expenditures of the board and the statement shall be attested by the chairman and the secretary of the board.
Ala. Code § 34-34B-6 — Alabama Code / Title 34 / Chapter 34B / Section 34-34B-6
Section 34-34B-6 Active Military Members or Their Spouses
Status: in_force

An active military member, or his or her spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty.
Ala. Code § 34-13-53 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-53
Section 34-13-53 Renewal of Licenses; Continuing Educaiton; Records
Status: in_force

(a) Every license, certificate, or registration issued by the board under this chapter shall be renewed biennially, unless otherwise provided by this chapter, upon submission by the licensee or registrant of a renewal application and a renewal fee established by board rule, not exceeding five hundred dollars ($500), for each license or certificate issued, unless otherwise provided by this chapter.

(b) All licenses and certificates granted under this chapter shall expire on October 1, following their issuance or renewal, unless otherwise provided by this chapter, and shall become invalid unless renewed as provided in this section and other requirements of the board are met. In addition to payment of a renewal fee, each licensee shall satisfy continuing education requirements prescribed by rule of the board pursuant to subsection (d).

(c) There shall be no proration of licenses.

(d)(1) Commencing in 2014, and for each licensing period thereafter, the board may require persons seeking renewal of a license or multiple licenses under this chapter to complete board approved continuing education of not less than eight hours biennially. The board may approve continuing education providers and courses offered by institutions of higher learning, specialty societies, associations, or professional organizations or by other organizations the board deems appropriate.

(2) Any person who holds an inactive license or who is over the age of 65 with at least 10 years of experience in the funeral service industry is exempt from the continuing education requirement.

(3) Continuing education providers shall pay a biennial administrative fee established by board rule, not exceeding two hundred fifty dollars ($250).

(4) The board may adopt rules to implement and ensure compliance with this section.

(e) Ninety days before the expiration date of a license, the board shall inform the licensee that his or her license renewal is due. Unless otherwise provided by this chapter, a renewal is past due if the renewal application is not received and the renewal fee is not paid 30 calendar days before the expiration date of the license.

(f) At the time, or before, a licensee changes place of employment, residence address, or makes any other change in status which is of record at the board office, the licensee shall report the change of status, by a method prescribed by the board, to the executive director.
Ala. Code § 34-8-10 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-10
Section 34-8-10 Indictment or Complaint
Status: in_force

In all prosecutions for the violation of the provisions of Section 34-8-6 for engaging in the business of general contracting without a certificate of authority, it shall be sufficient to allege in the indictment, affidavit, or complaint that “A. B. unlawfully engaged in business as a general contractor, without authority from the licensing board for contractors so to do.”
Ala. Code § 34-37-6 — Alabama Code / Title 34 / Chapter 37 / Section 34-37-6
Section 34-37-6 Certification, Registration, and Examination; Emergency Certificate of Endorsement
Status: in_force

(a) It shall be unlawful for any person or other legal entity to contract, engage in, offer to engage, or convey the impression that he or she is certified in plumbing, gas fitting, or medical gas piping within this state unless the person has first registered or received a certificate of competency, hereinafter referred to as “certificate,” that is in force and effect at the time the plumbing, gas fitting, or medical gas piping is offered, performed, directed, or superintended, except as hereinafter provided.

(b) The board shall register all legal entities engaging in, or offering to engage in, plumbing, gas fitting, or medical gas piping in this state upon forms provided by the board, and upon the applicant first paying all prescribed fees. Disciplinary action for the registered legal entities may be the same as for certified individuals engaged in plumbing, gas fitting, or medical gas piping.

(c) The business name that is registered with the board for each legal entity engaged in plumbing, gas fitting, or medical gas piping shall be displayed in a prominent manner on two sides of each service or construction vehicle. The lettering shall be a minimum of two inches in height.

(d) The board shall register every person who may apply for an apprentice plumber or gas fitter registration certificate upon forms provided by the board, upon the applicant first paying all prescribed fees.

(e) The board shall examine and pass upon the qualification of every person who applies for a journeyman plumber or gas fitter certificate upon forms provided by the board.

(1) An applicant for examination for a journeyman plumber or gas fitter certificate shall submit proof that the applicant has two years of current work experience as an apprentice plumber or gas fitter or has completed an apprentice training program approved by the board.

(2) Applicants for journeyman plumber or gas fitter shall be examined upon, orally or in writing, or otherwise demonstrate, by a board approved method, the fundamentals of plumbing or gas fitting, the theory and practice of plumbing installation and construction or gas fitting work, and the experience and ability of the applicant in practical plumbing installation and construction or gas fitting work.

(3) If the applicant is found to possess an accurate knowledge of the theory and correct practice of plumbing installation and construction or gas fitting work, and sufficient experience and ability in plumbing installation and construction or gas fitting work to safely and competently apply that knowledge and practice, the board shall issue a certificate, upon the applicant first paying all prescribed fees.

(4) The examination shall be administered by an independent examining agency.

(f) The board shall examine and pass upon the qualifications of every person who applies for a master plumber or master gas fitter certificate upon forms provided by the board.

(1) Applicants for examination for a master plumber certificate shall submit proof to the board that the applicant has at least one year of current work experience as a journeyman plumber.

(2) Applicants for examination for a master gas fitter certificate shall submit proof to the board that the applicant has at least one year of current work experience as a journeyman gas fitter.

(3) An applicant for a master certificate shall be examined upon knowledge, training, and ability, in the planning, laying out, and supervision of plumbing installation and construction work or gas fitting work, and if found to possess those qualifications, the applicant shall be issued a master plumber or gas fitter certificate by the board upon the applicant first paying all prescribed fees.

(4) The examination shall be administered by an independent examining agency.

(g) No person shall be issued a certificate without passing the prescribed examination. A person who has passed the examination must become certified within 90 calendar days and shall not be required to take the examination thereafter in order to secure a certificate in subsequent years. An individual who passes the examination but fails to become certified within 90 calendar days shall be required to retake the examination. At least four examinations per year shall be conducted, at a time and place prescribed by the board after reasonable notice.

(h) Any master plumber, master gas fitter, journeyman plumber, journeyman gas fitter, apprentice plumber, or apprentice gas fitter performing medical gas piping shall provide proof to the board that he or she has successfully completed a current medical gas piping certification program approved by the board.

(i) In the event the Governor or the Legislature declares a state of emergency, the board may issue an emergency certificate of endorsement for the performance of plumbing work or gas work in the impacted area to any applicant who holds a current out-of-state license that is in good standing. The board may adopt rules to implement this section. Emergency certificates of endorsement shall be valid for the duration of the declared emergency, but in no case more than 60 days.
Ala. Code § 34-8-9 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-9
Section 34-8-9 Issuance of Building Permits
Status: in_force

Any person, firm, or corporation, upon making application to the building inspector or such other authority of any incorporated city, town, village, or county in Alabama charged with the duty of issuing building or other permits for the construction, alteration, maintenance, repair, rehabilitation, remediation, reclamation, or demolition of any building, highway, sewer, structure site work, grading, paving or project or any improvement where the cost of the undertaking is fifty thousand dollars ($50,000) or more, shall, before he or she shall be entitled to the issuance of permits, furnish satisfactory proof to the inspector or authority that he or she is duly licensed under this chapter. It shall be unlawful for the building inspector or other authority to issue or allow the issuance of the building permit unless and until the applicant has furnished evidence that he or she is either exempt from this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. The building inspector, or other authority, violating the terms of this section shall be guilty of a Class C misdemeanor and shall for each offense of which he or she is convicted be punished in accordance with Sections 13A-5-7 and 13A-5-12.
Ala. Code § 34-29-83 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-83
Section 34-29-83 Appeal of Disciplinary Action; Stay of Revocation
Status: in_force

A person disciplined pursuant to this article may appeal to the Circuit Court of Montgomery County, notwithstanding the provisions of the Administrative Procedure Act. To do so, he or she shall file a petition in the circuit court within 30 days after notification of the decision of the board. The board has 15 days to enter an appearance and to file the record of the administrative proceedings. The court may affirm or set aside the decision of the board by judicial review. The license shall not be revoked pending appeal except in extraordinary circumstances as determined by the board, and approved by the circuit court in which the appeal is pending.
Ala. Code § 34-13-7 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-7
Section 34-13-7 Embezzlement, Abstracting, or Willfully Misapplying Moneys Collected; Bribery
Status: in_force

Any person who embezzles, abstracts, or willfully misapplies any of the monies, funds, security, or credit of the board or who misuses any of the funds or fees so collected, by virtue of this chapter, and any person who, with like intent, aids or abets any person in violation of this chapter shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than five hundred dollars ($500) nor exceeding five thousand dollars ($5,000) and imprisonment in the penitentiary for a period of not less than one year and not more than five years, and the principal offenders and those aiding and abetting same may be charged in the same count, and separate offenses may be charged, in separate counts, in the same indictment and tried together. Any person found guilty of offering or of accepting a bribe whereupon any person is illegally licensed to practice as a licensee regulated by this chapter in this state shall be punished by a fine of not less than five hundred dollars ($500) nor exceeding ten thousand dollars ($10,000) and may be imprisoned in the penitentiary for a period of one to three years, and the principal offenders and those aiding and abetting same may be charged in the same count and separate offenses may be charged in separate counts in the same indictment and tried together.
Ala. Code § 34-25B-13 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-13
Section 34-25B-13 Application Fees; Issuance of License; Denial of Application
Status: in_force

(a) Upon receipt of an application for a license as a private investigator pursuant to this article, nonrefundable, nonprorateable application fees shall be submitted to the board by the applicant for both of the following services:

(1) A request that the Alabama State Law Enforcement Agency perform a state criminal history background check on the fingerprints submitted with the application. On subsequent applications, the Alabama State Law Enforcement Agency, at the request of the board, shall review its criminal history files based upon the name, date of birth, sex, race, and Social Security number of an applicant whose fingerprints have previously been submitted to the agency for any new information since the date of the initial fingerprint submission, and shall furnish any information thereby derived to the board.

(2) A request to submit the fingerprints to the Federal Bureau of Investigation for completion of a national criminal history background check.

(b) After the approval of the application by the board, the board shall issue a license in a form prescribed by the board to each qualified applicant upon its receipt of a nonrefundable, nonprorateable private investigator license fee as set by the board.

(c)(1) If an application for a license is denied, the board shall notify the applicant in writing and specify the grounds for denial. If the grounds are subject to correction by the applicant, the notice shall so state and specify a reasonable period of time within which the applicant shall make the required correction.

(2) The applicant may submit an application for reconsideration to the board within 30 days from the date of receipt of the denial.

(d) The board shall issue a license to all licensees that shall be at least 8″ x 10″ in size and shall be displayed on a wall of the workplace of the licensee. All licenses and identification cards issued by the board shall be deemed property of the State of Alabama and subject to forfeiture to the state upon revocation.
Ala. Code § 34-13A-1 — Alabama Code / Title 34 / Chapter 13A / Section 34-13A-1
Section 34-13A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Genetic Counselor Act.
Ala. Code § 34-25A-8 — Alabama Code / Title 34 / Chapter 25A / Section 34-25A-8
Section 34-25A-8 Alabama State Board of Prosthetists and Orthotists
Status: in_force

(a) Effective October 1, 2009, the existing Alabama State Board of Prosthetists and Orthotists is abolished. Notwithstanding the foregoing, members on the board serving on October 1, 2009, shall continue to serve until their successors are appointed. Effective October 1, 2009, a new Alabama State Board of Prosthetists and Orthotists is created to administer this chapter and shall be composed of nine members as provided in this section who shall be compensated at the rate of one hundred dollars ($100) per day plus travel expenses for each day they perform their duties. The board membership shall reflect the racial, gender, geographic, urban and rural, and economic diversity of the state and each member of the board shall be a resident of this state. The Attorney General of the state shall act as legal advisor of the board and shall render such legal assistance as may be necessary in carrying out the provisions of this chapter.

(b) After October 1, 2009, members shall be appointed as follows:

(1) Three by the Governor of the State of Alabama, two of whom shall be appointed for four-year initial terms and one of whom shall be appointed to a one-year initial term, one of whom shall be licensed pursuant to this chapter; one of whom shall be a private resident of the State of Alabama who is a consumer of orthotic or prosthetic services; and one of whom shall be a physician licensed to practice medicine in the State of Alabama.

(2) Two by the Lieutenant Governor of the State of Alabama, one for an initial term of four years and one for an initial term of two years, both of whom shall be licensed pursuant to this chapter.

(3) Two by the Speaker of the House of Representatives of the State of Alabama for initial terms of three years, one of whom is a podiatrist licensed to practice in the State of Alabama and one of whom shall be licensed pursuant to this chapter.

(4) One by the President Pro Tempore of the Senate of the State of Alabama for an initial term of two years, who shall be licensed pursuant to this chapter.

(5) One by the Speaker Pro Tempore of the House of Representatives of the State of Alabama for an initial term of one year who shall be licensed pursuant to this chapter.

(c) Any actions of the Alabama State Board of Prosthetists and Orthotists consistent with the requirements of Act 2023-326 prior to May 30, 2023, are retroactively ratified and confirmed.
Ala. Code § 34-17-22 — Alabama Code / Title 34 / Chapter 17 / Section 34-17-22
Section 34-17-22 Examinations - Schedule; Conduct
Status: in_force

Examinations for the license shall be held by the board at least once each year. The board shall adopt rules and regulations covering the subjects and scope of the examinations, shall publish appropriate announcements and shall conduct the examinations at the times designated. Except as hereinafter provided in this chapter to the contrary, every applicant for licensing as a landscape architect shall be required, in addition to all other requirements, to establish by a board approved examination, which may be digital, his or her competence to plan, design, specify, and supervise the installation of landscape projects. Each board approved examination may be supplemented by such oral examinations as the board shall determine.
Ala. Code § 34-5-1 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-1
Section 34-5-1 Definition of “The Practice of Barbering.”
Status: in_force

“The practice of barbering,” as used in this chapter, is hereby defined to mean any one or combination of the following practices, when done upon the human male body above the seventh cervical vertebra for cosmetic purposes and not for the treatment of disease or physical or mental ailments, and when done for payment, directly or indirectly or without payment for the public generally:

Shaving or trimming the beard or trimming the hair.
Ala. Code § 34-24-534 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-534
Section 34-24-534 Rulemaking Functions of the Interstate Commission
Status: in_force

(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the Model State Administrative Procedure Act of 2010, and subsequent amendments thereto.

(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
Ala. Code § 34-25B-7 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-7
Section 34-25B-7 Alabama Private Investigation Board - Fund
Status: in_force

(a) There is created in the State Treasury for the use of the board a fund to be known as the Alabama Private Investigation Board Fund. All application and license fees, penalties, fines, and any other funds collected by the board related to private investigators, private investigator apprentices, private investigation agencies, and the implementation of this article, shall be deposited in this fund and used only to carry out the operations of the board. The fees that the board may charge, collect, and deposit into the fund shall include, but not be limited to, all of the following:

(1) An application fee for an original license and for an inactive status certificate.

(2) A renewal fee for a license and for an inactive status certificate.

(3) A reinstatement application fee.

(4) A late renewal fee.

(5) A change of information fee.

(6) A replacement license fee.

(7) An inactive license fee.

(8) An issuance fee for a private investigator license, a private investigator apprentice license, or a private investigation agency license.

(9) Reasonable and necessary administrative fees that reflect the actual cost of services provided.

(b) No monies shall be withdrawn or expended from the fund for any purpose unless the monies have been appropriated by the Legislature and allocated pursuant to this chapter. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4, commencing with Section 41-4-80, of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.

(c) All expenses incurred by the board in implementing and administering this article shall be paid out of the fund.
Ala. Code § 34-24-235 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-235
Section 34-24-235 Surgical Treatment of Osseous Ailments of the Ankle
Status: in_force

A podiatrist may not surgically treat osseous ailments of the ankle unless he or she has completed at least 36 months of post-graduate residency training approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association.
Ala. Code § 34-24-217 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-217
Section 34-24-217 Grounds for Refusal, Suspension, or Revocation of License
Status: in_force

(a) The board shall refuse to issue a license to any individual and, after notice and hearing in accordance with its rules, shall suspend or revoke the license or compact privilege of any individual who has done any of the following:

(1) Practiced physical therapy other than upon the referral of a physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a valid collaborative practice agreement with a licensed physician, except as provided in Section 34-24-210.1, or practiced as a physical therapist assistant other than under the direction of a licensed physical therapist .

(2) Used drugs or alcoholic beverages to an extent which affects his or her professional competency .

(3) Been convicted of a felony or of a crime involving moral turpitude .

(4) Obtained or attempted to obtain a license or compact privilege by fraud or deception .

(5) Been grossly negligent in the practice of physical therapy or in acting as a physical therapist assistant .

(6) Been adjudged mentally incompetent by a court of competent jurisdiction .

(7) Been guilty of conduct unbecoming a licensee or compact privilege holder or of conduct detrimental to the best interest of the public .

(8) Been convicted of violating any state or federal narcotic law .

(9) Treated or undertaken to treat human ailments otherwise than by physical therapy as defined in this article .

(10) Advertised unethically according to standards as set by the board .

(11) Failed or refused to obey any lawful order or rule of the board.

(b) For purposes of this article and notwithstanding any other provision of this article or any rules adopted by the board, any licensee or compact privilege holder under this article who has a bona fide employment or independent contract with a physician, a physician group, or an entity with which a physician has a legal compensation arrangement, including fair market value wages, compensation, benefits, or rents for services or property provided, or in which a physician has a legal financial interest, including any direct or indirect ownership or investment interest, shall not be deemed to be engaged in conduct unbecoming a licensee or compact privilege holder under this article, or to be engaged in conduct detrimental to the best interest of the public, or to be in violation of any other provision of this article by virtue of any of the above relationships, and shall not be subject to licensure or compact privilege denial, suspension, revocation, or any other disciplinary action or penalty under this article: (1) by virtue of such employment or contract, or (2) by virtue of the provision of physical therapy services pursuant to a referral from the employing or contracting physician, or from a physician with a legal compensation arrangement with or a legal financial interest in the employing or contracting physician group.
Ala. Code § 34-25B-22 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-22
Section 34-25B-22 Violations
Status: in_force

(a) The following acts when committed by an individual licensed as a private investigator or a private investigator apprentice, or employed by or contracting with a private investigation agency, shall constitute a violation punishable as a Class A misdemeanor:

(1) To knowingly make a material misrepresentation as to the ability of the individual to perform the investigation required by a potential client in order to obtain employment.

(2) To make unsubstantiated monetary charges to a client for services not rendered or transportation not utilized.

(3) To knowingly make a false report to a client in relation to the investigation performed for a client.

(4) To continue an investigation for a client when it becomes obvious to the investigator that a successful completion of an investigation is unlikely without first advising the client and obtaining the approval of the client for continuation of the investigation.

(5) To reveal information obtained for a client during an investigation to another individual except as required by law.

(b) Individuals licensed pursuant to this article shall report any suspected instances of child abuse or neglect to a local law enforcement agency or the Department of Human Resources, or both.
Ala. Code § 34-24-163 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-163
Section 34-24-163 Issuance of Certificates to Persons Practicing on January 1, 1960
Status: in_force

Notwithstanding any section of this article or any other law to the contrary, the board shall issue a license to practice chiropractic without examination to any person in the active practice of chiropractic in the State of Alabama on January 1, 1960; provided, that the person shall make a written application to the board on forms and in the manner prescribed by the board; and provided further, that the person produces evidence satisfactory to the board that he or she is a graduate of a school or college of chiropractic recognized by the board and is of good moral character. Such application shall be accompanied by a $25 application fee. Any person who is in the Armed Forces of the United States and who otherwise meets the qualifications of this section and was actively in the practice of chiropractic in this state before becoming a member of the Armed Forces of the United States shall have 90 days after discharge or resignation from the Armed Forces of the United States in which to make application. The provisions of this section shall be further governed by the portions of this article which specifies methods for revocation, refusal, or suspension of licenses, or rules and regulations governing retirement or surrender of licenses.
Ala. Code § 34-24-220.12 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-220.12
Section 34-24-220.12 Judicial Proceedings by Individuals
Status: in_force

Except as to judicial proceedings for the enforcement of this compact among member states, individuals may pursue judicial proceedings related to this compact in any Alabama state or federal court that would otherwise have competent jurisdiction.
Ala. Code § 34-1-8 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-8
Section 34-1-8 Registration of Public Accountants
Status: in_force

Written evidence of registration as public accountants shall be issued to:

(1) Any person who is a resident of this state, or practices accounting herein, who has attained the age of 19 years, and who is of good moral character and a citizen of the United States or has declared his or her intent to become a citizen, and who meets the requirements of paragraphs a., b., c., or d. of this subdivision, may, upon payment of an initial registration fee to be fixed by the board, register with the board as a public accountant on or before October 1, 1974:

a. Persons who hold themselves out to the public as public accountants and who are engaged as principals, as distinguished from employees, within this state on October 1, 1973, in the practice of public accounting as their principal occupation.

b. Persons serving in the Armed Forces of the United States of America on October 1, 1973, who immediately prior to entering such service held themselves out to the public as public accountants and were engaged as principals, as distinguished from employees, within this state in practice of public accounting as their principal occupation. In the case of any such person, the time for registration shall be extended for a period of 12 months from the time such person is separated from active duty.

c. Staff accountants employed in this state by certified public accountants or by public accountants and regularly assigned to accounting engagements on October 1, 1973.

d. Upon payment of a fee to be fixed by the board, an employee of a department, agency or instrumentality of the United States, this state or a political subdivision of this state, whose work on October 1, 1973, involves accounting or auditing activities of a type which in the opinion of the board is the equivalent of public accounting work, may file with the board a declaration that he or she intends to register as a public accountant on or before a specified later date pursuant to the provisions of this section, and upon such later specified date the board, after investigation and determination of eligibility as provided hereinafter in this section, shall so register him or her as a public accountant.

e. The board shall in each case determine whether an applicant is eligible for registration. Any individual who is so registered and who holds a permit issued under Section 34-1-11 shall be styled and known as a public accountant.

(2) From October 1, 1974, to October 1, 1978, any person who is a resident of this state, who has attained the age of 19 years, and who is of good moral character and a citizen of the United States or has declared his or her intent to become a citizen, upon payment of an initial registration fee to be fixed by the board may register with the board as a public accountant; provided, that he or she has received a college degree with a major in accounting from a four-year college accredited by a regional accreditation board such as the Southern Association of Colleges and Universities, or who shall have passed written examinations covering the subjects of theory of accounting, practical accounting, auditing, commercial law as affecting accountancy and the professional ethics of public accountants. The examinations shall be conducted by the board semiannually and the papers graded in a uniform manner. The questions used in all sections of the examination shall adhere to the standards established by the National Society of Public Accountants. A passing grade of 75 percent is required for registration. Examination fees shall be set by the board.
Ala. Code § 34-27-60 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-60
Section 34-27-60 Acts Constituting Violation of Article - Misrepresentation; Waiver of Rights of Purchasers; Sale, Etc., Without License; Bad Checks
Status: in_force

It shall be a violation of this article for any seller of vacation time-sharing plans to:

(1) Use any promotional device, including but not limited to sweepstakes, lodging certificates, gift awards, premiums, or discounts, without fully disclosing that such promotional devices are being used for the purpose of soliciting the sale of vacation time-sharing plans and without fully disclosing the fair market value of each award or prize offered and the approximate odds of receiving each award or prize offered.

(2) Use any promotional device as set forth above to obtain the names and addresses of prospective purchasers without fully and prominently disclosing that names and addresses so acquired will be used for the purpose of soliciting the sale of the vacation time-sharing plans.

(3) Misrepresent the amount of time or period of time the accommodations and facilities will be available to any purchaser.

(4) Misrepresent or deceptively represent the location of the offered accommodations and facilities.

(5) Misrepresent the size, nature, extent, qualities, or characteristics of the offered accommodations and facilities.

(6) Misrepresent the nature or extent of any services incident to the accommodations and facilities.

(7) Make any misleading or deceptive representations with respect to the contents of the contract or the buyer’s rights, privileges, or benefits thereunder.

(8) Fail to honor and comply with all provisions of the contract with the purchaser.

(9) Misrepresent the conditions under which a customer may exchange his rights to an accommodation in one location for rights to an accommodation in another location.

(10) Include in any contract any provision purporting to waive any right or benefit provided for purchasers under this article, or to seek or solicit such a waiver.

(11) Do any other act which constitutes fraud, misrepresentation, or failure to make a disclosure of a material fact.

(12) Perform any act for which a vacation time-sharing license is required unless the seller is either exempted from the license requirement, a duly authorized and licensed qualifying broker, or a duly licensed seller acting under the sponsorship and supervision of a qualifying broker.

(13) Allow an unlicensed person who is engaged or employed by him or her or who is under his or her control or supervision to perform any act for which a time-sharing sales license is required.

(14) Present to the Alabama Real Estate Commission, as payment for a fee or fine, a check that is returned due to there being insufficient funds in the account upon which it was drawn or due to such account being closed or not in existence.
Ala. Code § 34-24-311.1 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-311.1
Section 34-24-311.1 Employment of Staff
Status: in_force

The State Board of Medical Examiners may employ such professional, managerial, and clerical staff under such terms, conditions, and personnel policies as the board deems necessary to enable the board to carry out its duties and responsibilities. The policies shall include, but not be limited to, insurance, annual and other leave, vacation, and holiday policies.
Ala. Code § 34-21-89 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-89
Section 34-21-89 Boards Permitted to Initiate Disciplinary Actions for Violations of Section; Requirements Before Action Taken
Status: in_force

The Board of Nursing may initiate disciplinary actions against a certified registered nurse practitioner or a certified nurse midwife for violations of Section 34-21-86. The State Board of Medical Examiners may initiate disciplinary actions against a physician for violation of Section 34-21-86. Before either board takes such disciplinary action, it shall give the licensee against whom the action is contemplated a notice of the proposed action and an opportunity for a hearing before the respective board. All hearings shall be governed by the Alabama Administrative Procedure Act.
Ala. Code § 34-34A-14 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-14
Section 34-34A-14 License Denial, Revocation, Etc.; Hearing Procedures, Reinstatement
Status: in_force

(a) The board may deny a license, refuse to renew a license, suspend a license, or revoke a license, or it may reprimand, censure, or otherwise discipline a person practicing dietetics/nutrition or offering to practice dietetics/nutrition in accordance with the provisions of this section upon decision and after due hearing in any one of the following cases:

(1) Upon proof that such person has willfully or repeatedly violated any of the provisions of this chapter or the rules enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health, welfare, and safety of the public,

(2) Upon proof that such person’s conduct is immoral, unprofessional, or dishonorable,

(3) Upon proof that such person is guilty of fraud or deceit in the practice of dietetics/nutrition or in his/her admission to such practice, or

(4) Upon proof that such person has been convicted in a court of competent jurisdiction, either within or without the state, of a crime involving moral turpitude.

(b) The board shall have the jurisdiction to hear all charges brought under the provisions of this section against any person having been issued a license as a dietitian/nutritionist or having been issued a temporary license for the practice of dietetics/nutrition; and upon such hearings shall determine the charges upon their merits. If the board determines that disciplinary measures should be taken, the board may revoke his/her license, suspend him/her from practice, or reprimand, censure, or otherwise discipline such person.

(c) All proceedings under this section shall be heard by the board with at least two-thirds of its members present, and decisions to discipline any licensee shall require a vote of two-thirds of the membership of the entire board; provided that the board may designate two or more of its members to comprise a hearing committee for the purpose of determining whether charges brought justify a hearing by the board, and with authority to dismiss frivolous or unfounded charges.

(d) At any hearing under this chapter, the person charged shall have the right to appear either personally or by counsel or both to produce witnesses and evidence in his or her own behalf and to cross-examine witnesses. The board or hearing committee shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths, and take testimony concerning all matters within the jurisdiction of the board. The circuit court of the county wherein the hearing is to take place shall have authority, on application of the board, to enforce obedience to the subpoenas and orders of the board concerning such testimony.

(e) An application for reinstatement may be made to the board one year from the date of revocation of a license. The board may at its discretion accept or reject an application to consider such reinstatement.
Ala. Code § 34-19-8 — Alabama Code / Title 34 / Chapter 19 / Section 34-19-8
Section 34-19-8 Practices Which May Be Performed by Licensees - Attendance, Etc., in Cases of Abnormal Childbirth; Location of Deliveries
Status: reserved

Repealed by Act 2017-383, § 5, effective August 1, 2017.
Ala. Code § 34-27-11 — Alabama Code / Title 34 / Chapter 27 / Section 34-27-11
Section 34-27-11 Penalties
Status: in_force

(a) Any person or corporation which violates any provision of this chapter commits a Class A misdemeanor and, on conviction, shall be punished accordingly.

(b) Any person who files with the commission any notice, statement, or other document or information required under the provisions of this chapter which is false or untrue or contains any material misstatement of fact commits a Class A misdemeanor and, on conviction, shall be punished accordingly.
Ala. Code § 34-21-84 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-84
Section 34-21-84 Board of Nursing to Establish Qualifications for Advanced Practice Nurses; Rules and Regulations Establishing Procedures for Certification
Status: in_force

(a) The Board of Nursing shall be the sole state authority designated to establish the qualifications necessary for a registered nurse to be certified to engage in advanced practice nursing. The Board of Nursing shall recognize the educational qualifications and training of advanced practice nurses by the issuance of a certification of qualification to engage in advanced practice nursing. To be eligible for certification, an applicant shall be currently licensed as a registered nurse in Alabama and shall meet the requirements for certification as an advanced practice nurse as defined in the rules and regulations established by the Board of Nursing.

(b) Pursuant to subsection (a), the Board of Nursing may adopt rules and regulations establishing the procedures for individuals to be certified to engage in advanced practice nursing, as well as grounds for denial or termination of certification or both, and the fees to be paid to the Board of Nursing in connection with an application for certification.
Ala. Code § 34-24-343 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-343
Section 34-24-343 Penalty for Violations of Article
Status: in_force

Any person who shall practice medicine or osteopathy without first having complied with all the provisions of this article, and any person who shall violate any of the provisions of this article, shall be guilty of a Class C felony and shall be subject to the punishment prescribed for a Class C felony. Each day such person shall practice medicine or osteopathy without meeting all the requirements of all laws now in force and of this article shall constitute a separate offense; and any person filing or attempting to file, as his or her own, a diploma or license of another or a forged affidavit of identification shall be guilty of a felony and shall be subject to the punishment prescribed for forgery in the second degree.
Ala. Code § 34-2-33 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-33
Section 34-2-33 Registration; Issuance of Certificate; Qualifications; Renewal, Etc
Status: in_force

(a) The board shall receive applications for registration as an architect only on forms prescribed and furnished by the board.

(1) Upon receipt of the application and the payment of a fee, as established by the board by rule, the board shall promptly notify the applicant of examination requirements for registration, if applicable.

(2) The board may contract with an independent testing agency to prepare, grade, or conduct the examination. If the board determines the applicant requires examination, the applicant shall pay the actual cost of the examination directly to the board-authorized testing agency.

(b) The board may issue to an applicant, without further examination, a certificate of registration as an architect, provided the applicant holds an unexpired certificate issued to him or her by the National Council of Architectural Registration Boards (NCARB).

(c)(1) The following facts established in the application shall be regarded as prima facie evidence satisfactory to the board that the applicant is fully qualified to be examined for registration:

a. Graduation after a course of study of a length as the board by rule shall determine from a school or college of architecture accredited by the National Architectural Accrediting Board (NAAB); and

b. An additional period of practical experience in architectural work under the responsible control of a registered architect or architects as the board by rule shall deem appropriate.

(2) If the applicant is unable to satisfy the requirements of subdivision (1), the applicant may demonstrate appropriate qualifications by a combination of education, experience, and examination endorsed by NCARB and approved by the board.

(d) Unless exempted, applicants shall take and pass the professional examination administered by the board or an independent testing agency approved by the board.

(e)(1) Certificates for registration shall expire on December 31 following their issuance or renewal and shall become invalid on January 1 unless renewed.

(2) Certificates of registrants who are or may be in the Armed Forces of the United States shall not expire until December 31 following the discharge or final separation of the registrant from the Armed Forces of the United States.

(f)(1) Renewal may be accomplished at any time prior to or during the month of December by the payment of a fee established by rule of the board.

(2) A penalty established by rule of the board may be added to the renewal fee for failure to renew a certificate upon such terms and conditions as the board may by rule determine. Failure to renew a certificate of registration by March 31 shall result in a lapse of registration.

(g) A registrant whose certificate of registration has lapsed may have it reinstated, if in compliance with other relevant requirements, by filing a reinstatement application and paying, in addition to the appropriate renewal fee and late penalty, a reinstatement fee established by rule of the board.

(h) There is created a status to be known as “emeritus status architect,” which shall apply to architects who have been registered for 10 consecutive years or longer, who are 65 years of age or older, and who have retired from active practice. If an emeritus status architect subsequently wishes to practice, he or she may do so without penalty by proper application to the board.
Ala. Code § 34-24-53 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-53
Section 34-24-53 Board of Medical Examiners - Powers and Duties Generally; Rules and Regulations; Quorum; Fund to Defray Litigation Costs
Status: in_force

(a) The Board of Censors of the Medical Association of the State of Alabama, as constituted under the laws now in force, or which may hereafter be in force, and under the constitution of the association, as the constitution now exists or may hereafter exist, is constituted the State Board of Medical Examiners and is charged with the duties and clothed with the powers hereinafter prescribed; the board is hereby vested with authority to adopt and promulgate rules and regulations and to do such other acts as may be necessary to carry into effect the duties and powers which accrue to it under laws now in force or which may hereafter be in force; and a quorum as provided for by the constitution of the Medical Association of the State of Alabama shall be competent to act.

(b) The board is hereby specifically authorized to set aside from its general revenues and income a special fund designated to defray the fees, costs, and expenses of litigation involving the board and its members or staff, and the commission and its members and staff, arising out of the lawful discharge of the duties and obligations of the board or commission. A portion of the special fund so designated may be expended to purchase liability insurance for the members of the board, its officers, executives, and attorneys and for members of the commission and its officers, executives, and attorneys.
Ala. Code § 34-16-5 — Alabama Code / Title 34 / Chapter 16 / Section 34-16-5
Section 34-16-5 License Required; Application; Issuance; Renewal
Status: in_force

(a) After March 15, 1998, any person who provides interpreting or transliterating services for remuneration shall be required annually to be licensed or permitted by the board unless that person is exempt from licensure or permitting pursuant to Section 34-16-7.

(b) The initial license shall be issued upon submission of an application, an affidavit documenting current validation of a nationally recognized certification as approved by the board, and payment of the required nonrefundable annual fee by March 15. Licenses shall be renewed annually, upon submission of an application and an affidavit documenting current nationally recognized certification at a professional level as approved by the board, payment of the required nonrefundable annual fee, and participation in a continuing education program approved by the board.

(c) All applicants for licensure who are initially certified after January 1, 1995, shall submit an affidavit documenting that the applicant has passed an interpreter code of ethics exam approved by the board.

(d) Failure to renew a license on or before March 15 of any year, shall result in a lapse of the license. A lapsed license that is not renewed within 45 days after March 15 of the year of the lapse, shall expire. The holder of the lapsed license may be reinstated by the board if the licensee is in compliance with all other relevant requirements of the board, applies to the board for renewal pursuant to this section, and pays the appropriate renewal, late penalty, and reinstatement fees prescribed by the board.
Ala. Code § 34-14A-12.2 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-12.2
Section 34-14A-12.2 Residential Fire Sprinkler System Requirements
Status: in_force

(a) Beginning on October 1, 2024, the Home Builders Licensure Board and any other state, municipal, or county governing body may not adopt or amend a building code, ordinance, resolution, or rule that would restrict a consumer’s ability to elect to install, by the consumer’s choice and for a fee, or require the installation of, a residential fire sprinkler system in any residence or structure as defined by this chapter.

(b) Notwithstanding subsection (a), a county commission or municipal governing body that adopted any ordinance, resolution, or other building code on or before March 9, 2010, relating to the installation of a residential fire sprinkler system, may continue to enforce or amend the ordinance, resolution, or building code.
Ala. Code § 34-27A-23 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-23
Section 34-27A-23 Uniform Standards of Professional Appraisal Practice
Status: in_force

A licensed real estate appraiser shall comply with the current Uniform Standards of Professional Appraisal Practice approved by the board except when performing an evaluation as defined in this article and in the Interagency Appraisal and Evaluation Guidelines published by the federal financial institution regulatory agencies on December 2, 2010, for lending transactions where the amount of the transaction is de minimus and the lending institution has determined that an appraisal is not required, as these guidelines may be amended from time to time or as otherwise provide by federal law.
Ala. Code § 34-24-257 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-257
Section 34-24-257 Examinations - Second or Subsequent Examination
Status: reserved

Repealed by Act 2009-715, p. 2104, §2, effective August 1, 2009.
Ala. Code § 34-21A-1 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-1
Section 34-21A-1 Purpose
Status: in_force

The Alabama Onsite Wastewater Board is created to examine, license, and regulate persons engaged in the manufacture, installation, or servicing of onsite sewage systems in Alabama. As more residences are built in rural areas where public sewer hookups and centralized sewage treatment systems are often unavailable, many property owners must rely on onsite sewage systems, such as septic systems, to handle residential waste and sewage. The improper manufacture, installation, service, cleaning, and maintenance of onsite sewage equipment and treatment systems can contaminate and pollute the environment and pose significant harm to public health and the rural environment. This board is created to establish the qualification levels for those engaged in the manufacture, installation, servicing, or cleaning of onsite sewage systems and equipment in Alabama and promote the proper manufacture, installation, and servicing of onsite sewage systems.
Ala. Code § 34-3-63 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-63
Section 34-3-63 Establishment and Use of Special Funds
Status: in_force

(a) The Executive Director of the Alabama State Bar may establish special funds to receive fees, grants, or contributions from municipal, county, state, federal, sponsor, business, or charitable sources, or any other source, to conduct studies, educate attorneys and public officials, promote the profession, and carry on the duties of the State Bar. The funds in the special funds are continuously appropriated for the exclusive use of the State Bar, shall be maintained separately, and shall be in addition to any other funds appropriated.

(b) These funds may be used to pay the actual expenses of conducting education events, promotion of the State Bar, and other functions of the bar, including the provision of food and beverages usual and customary for like events and the actual and necessary expenses for participants, staff, and faculty of programs and events sponsored by the State Bar as approved by the executive director.

(c) The provisions of subsection (b) are remedial, curative, and shall be retroactively applied to ratify and confirm any actions taken consistent with this section.
Ala. Code § 34-1-11 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-11
Section 34-1-11 Annual Permits to Practice; Inactive Status; Continuing Education. (Amended by Act 2026-16)
Status: in_force

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

(a)(1) Permits to engage in the practice of public accounting in this state shall be issued by the board to a holder of a certificate of certified public accountant issued under Section 34-1-4 and to a person registered under Section 34-1-8 who furnishes evidence satisfactory to the board of compliance with the requirements of subsection (c) and who: (1) 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, or has declared his or her intent to become a citizen; and (2) has attained the age of 19 years; and (3) is of good moral character; and (4) meets the experience requirements set forth in subsection (e). Permits to engage in the practice of public accounting in this state also shall be issued by the board to persons or firms under Sections 34-1-5, 34-1-6, and 34-1-9, if all offices of those certificate holders or registrants are maintained and registered as required under Section 34-1-10. There shall be an annual permit fee for each certificate holder under Section 34-1-4, each registrant under Section 34-1-8, and each firm in an amount to be determined by the board. All permits shall expire on September 30 of each year and may be renewed annually for a period of one year. The application for renewal and annual renewal fee shall be filed with this board no later than December 31 following the expiration date. The board may also charge a late renewal penalty on or after January 1 following the expiration date in an amount set by the board which is graduated depending on the length of time the renewal is delinquent.

(2) The board, by rule, shall require as a condition for renewal of a permit under this section, by any permit holder who performs compilation services for the public other than through a CPA or PA firm, that the individual undergo, no more frequently than once every three years, a peer review conducted in such manner as the board shall by rule specify.

(b)(1) Notwithstanding subsection (a), a certified public accountant or public accountant registered under this chapter who is not engaged in the practice of public accounting may request the board, in writing, to place his or her name on the board’s inactive roll or retired roll, thereby granting him or her inactive status or retired status, and protecting his or her right to obtain a permit to practice pursuant to subsection (a) at a later time as he or she wishes to become actively engaged in the practice of public accounting.

(2) If, upon receipt of the notification, the board determines that the certified public accountant or public accountant is not engaged in public accounting, the certified public accountant or public accountant shall be permitted to retain his or her initial registration or certificate by paying an annual registration fee in an amount as the board shall, from time to time, determine. Certified public accountants or public accountants granted inactive status or retired status by the board shall place the word “inactive” or “retired,” respectively, adjacent to their CPA title or PA title on any business card, letterhead, or any other document or device, with the exception of their CPA certificate or PA registration, on which their CPA or PA title appears. If a certified public accountant or public accountant who has elected inactive status or retired status wishes to reenter the active practice of public accountancy, he or she shall make application to the board for an annual permit to practice. The board, in its rules and regulations, shall specify the number of hours of continuing education the applicant shall obtain before he or she regains active status to ensure his or her competency to practice public accounting.

(c) Every application for renewal of an annual permit to practice by any person who holds a certificate as a certified public accountant or who is a registrant under Section 34-1-8 shall be accompanied or supported by any evidence the board prescribes of satisfaction of its continuing education requirements during the preceding year. Failure by an applicant for renewal of an annual permit to furnish the evidence shall constitute grounds for revocation, suspension, or refusal to renew the permit in a proceeding under Section 34-1-12, unless the board determines the failure to have been due to reasonable cause. The board may renew an annual permit to practice despite failure to furnish evidence of satisfaction of requirements of continuing education upon the condition that the applicant follows a particular program or schedule of continuing education. In issuing rules, regulations, and individual orders in respect of requirements of continuing education, the board, among other things, may use and rely upon guidelines and pronouncements of recognized educational and professional associations; may prescribe for content, duration, and organization of courses; shall take into account the accessibility by applicants to the continuing education required and any impediments to interstate practice of public accountancy which result from the difference in the requirements in other states; and may provide for relaxation or suspension of those requirements in regard to applicants who certify that they do not intend to engage in the practice of public accountancy, and for instances of individual hardships.

(d) In the event a certified public accountant or public accountant fails to apply for an annual permit to practice or to be placed on the board’s inactive roll within: (1) Six months from the expiration date of the permit to practice last obtained or renewed pursuant to subsection (a); (2) six months from the expiration date of the last annual renewal of his or her certificate pursuant to subsection (b); or (3) six months from the date upon which the certificate holder or registrant was granted his or her certificate or registration, if no permit was ever issued to him or her under subsection (a) or his or her name was never placed on the board’s inactive roll under subsection (b), the certified public accountant or public accountant may not apply for a permit or inactive status, and the failure to apply shall constitute grounds for revocation or suspension of the holder’s certificate, unless the board determines the failure to have been due to reasonable cause. In that case, the board may impose a reinstatement fee not to exceed one hundred dollars ($100), plus the total annual registration fees and late renewal penalties which the certified public accountant or public accountant would have paid under this chapter during the period when neither a permit nor inactive status was maintained. The board may also charge an inactive status penalty in an amount set by the board which is graduated for the time of the inactivity.

(e) The experience requirement shall be one year of experience in the practice of public accounting as defined by the board’s rules and regulations.
Ala. Code § 34-29-71 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-71
Section 34-29-71 Temporary License
Status: in_force

(a) The board may issue a temporary license to practice veterinary medicine to an unlicensed applicant providing the applicant meets all conditions and requirements of this article relating to qualifications of applicants for license to practice veterinary medicine. Any person applying for a temporary license shall associate himself or herself with a licensed doctor of veterinary medicine. His or her license shall be limited to the work of a licensed doctor of veterinary medicine and he or she shall not participate without direct supervision in the practice of or operation of a branch office, clinic, or allied establishment. An applicant may work under the indirect supervision in the primary clinic of his or her employer. The license, when granted, shall bear the name and address of the licensed doctor of veterinary medicine. There shall be a fee which shall not be refundable for the temporary license.

(b) Renewal of temporary licenses may be granted by the board. No temporary license shall be issued to an applicant who has not passed either the AVMA approved National Veterinary Licensing Exam or the National Board Examination for Veterinarians, and the Clinical Competency Test for Veterinarians, or has failed any portion of the Alabama state board examination.

(c) All temporary licenses shall expire 90 days from date of issue or on the day the applicant receives or is denied a license from the board, whichever date is earliest.

(d) Acceptance of a temporary license by an applicant shall be deemed to be consent for expiration of that license in accordance with this article.

(e) If employment ceases at the place of employment noted on the temporary license, then the board shall be notified or if there is more than one employer of that temporary license holder, the board shall be notified by the employer.
Ala. Code § 34-31-26 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-26
Section 34-31-26 Renewal of Certificates; Inactive Status; Continuing Education
Status: in_force

(a) All certificates provided for herein shall be renewed annually, not later than December 31 of each year. All holders of certificates may be renewed annually, provided that the certified contractor has complied with all provisions of law and rules and regulations of the board thereof, upon payment of all fees set forth by the board as provided for in this chapter.

(b) Any person certified by the board may elect an inactive status certificate by notifying the board in writing. The fee for the issuance and renewal of an inactive status certificate shall be established by the board in an amount not to exceed one-half of the amount set for fees pursuant to Section 34-31-25.

(c) The board shall provide by rule or regulation those activities which an inactive status certificate holder may engage in, and for a procedure for the reinstatement as an active status certificate holder.

(d) The board shall adopt an annual program of continuing education for its certified contractors by January 1 of each year. All certified contractors shall be required to complete at least four hours of continuing education every year. In the event a contractor completes in excess of four hours continuing education in a calendar year, he or she may carry over four hours to the following renewal year. This minimum continuing education requirement will begin during the calendar year 2001. All certified contractors will be required to complete the minimum continuing education requirements prior to renewal in all years beginning January 1, 2002.

(e) The failure to complete the minimum continuing education requirements shall prevent the renewal of the certified contractor’s license until proof of compliance with the continuing education requirement is submitted to the board. The board may permit a certified contractor to submit a deficiency plan to the board for approval by January 1 of each year for medical hardships and emergencies that prevent the certified contractor from complying with the continuing education requirements on time. This deficiency plan shall be specific in describing the plan for full compliance with the continuing education requirement and shall be accompanied by a deficiency plan fee established by the board.

(f) The board shall adopt rules that prescribe the policies, procedures, and fees for obtaining board approval of the providers, courses, and instructors for the continuing education program.

(g) Any inactive contractor who is 65 years of age or older is exempt from continuing education requirements.

(h) A contractor is exempt from completing continuing education requirements during the first year he or she receives his or her certification with the board.
Ala. Code § 34-34A-11 — Alabama Code / Title 34 / Chapter 34A / Section 34-34A-11
Section 34-34A-11 Reciprocity
Status: in_force

Reciprocity shall be provided for licensed dietitians/nutritionists from other states provided that the standards for licensing in that state are not less than those provided for in this chapter as determined by the board.
Ala. Code § 34-14A-2 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-2
Section 34-14A-2 Definitions
Status: in_force

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

(1) ADVERTISING. Engaging or offering to engage in any acts or services as a residential home builder by the act or practice of offering for sale professional services by promoting those services through print, radio or television media, on billboards, through social media, through promotional sponsorships, on vehicles, by the placement of signs in front of ongoing or completed worksites, or by displaying credentials, including licensure, to perform residential home building.

(2) ALABAMA RESIDENTIAL BUILDING CODE. The code adopted by the board, as amended by the board, and based on a published edition of the International Residential Code, and the residential chapters of a published edition of the International Energy Conservation Code.

(3) APPLICABLE RESIDENTIAL BUILDING CODE. The Alabama Residential Building Code or a local residential building code adopted by a county or municipality, pursuant to this chapter, where the construction, renovation, or repairs will take place.

(4) BOARD. The Home Builders Licensure Board.

(5) COST OF THE UNDERTAKING. The total cost of the materials, labor, supervision, overhead, and profit.

(6) COUNCIL. The Alabama Residential Building Code Advisory Council.

(7) DIVISION. The Alabama Residential Building Code Division.

(8) HOMEOWNER. A person who owns and resides in or intends to reside in a structure constructed or remodeled by a licensee of the board, or who contracts with a licensee for the purchase, construction, repair, improvement, or reimprovement of a structure to be used as a residence.

(9) IMPROVEMENT. Any site-built addition or enhancement attached to or detached from a residence or structure for use and enjoyment by the homeowner.

(10) INACTIVE LICENSE. A license issued at the request of a licensee, or a building official or a building inspector, which is renewable, but that is not currently valid.

(11) LICENSE. Any license issued by the board pursuant to this chapter.

(12) LICENSEE. A holder of any license issued pursuant to this chapter.

(13) PERSON. Any individual , limited or general partnership, corporation, association, limited liability company, or other legal entity, or any combination thereof.

(14) QUALIFYING REPRESENTATIVE. The individual designated by a general partnership, limited partnership, corporation, limited liability company, or not-for-profit organization applying for a license who either holds a license individually or meets the experience and ability requirements for licensure, and who is one of the following:

a. A general partner in the case of any partnership.

b. An officer in the case of a corporation.

c. A member in the case of a member-managed limited liability company.

d. A manager in the case of a manager-managed limited liability company.

e. An individual who is affiliated with one of the member entities of a limited liability company and who has been identified and authorized through the operating agreement to manage day-to-day operations as it relates to operations of the limited liability company for purposes of licensure.

(15) RESIDENCE. A single unit providing complete independent residential living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(16) RESIDENTIAL HOME BUILDER. A person who constructs a residence or structure for sale or who, for a fixed price, commission, fee, or wage, undertakes or offers to undertake the construction or superintending of the construction, or who manages, supervises, assists, or provides consultation to a homeowner regarding the construction or superintending of the construction, of any residence or structure that is not over three floors in height and that does not have more than four residential units, or the repair, improvement, or reimprovement thereof, to be used by another as a residence when the cost of the undertaking exceeds ten thousand dollars ($10,000). Notwithstanding the foregoing, the term includes a residential roofer when the cost of the undertaking exceeds two thousand five hundred dollars ($2,500). Nothing herein shall prevent any person from performing these acts on his or her own residence or on his or her other real estate holdings. Anyone who engages or offers to engage in any acts described in this subdivision, through advertising or otherwise, shall be deemed to have engaged in the business of residential home building.

(17) RESIDENTIAL ROOFER. A person who installs products or repairs surfaces on the external upper covering of a residence or structure that seals, waterproofs, or weatherproofs the residence or structure.

(18) STRUCTURE. A residence on a single lot, including a site-built home, a condominium, a duplex or multi-unit residential building consisting of not more than four residential units, or any improvement thereto.

(19) TRANSACTION. The act of entering into a contract with a licensee to engage in the business of residential home building.
Ala. Code § 34-23-150 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-150
Section 34-23-150 Definitions
Status: in_force

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

(1) BOARD. The Alabama State Board of Pharmacy.

(2) COMPONENT. Any ingredient used in the compounding of a drug product.

(3) COMPOUNDING. The preparation, mixing, assembling, packaging, and labeling of a drug or device as the result of a licensed practitioner’s prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice.

a. Compounding may also be for the purpose of, or as incident to, research, teaching, or chemical analysis.

b. Compounding includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns.

c. Reconstitution of commercial products is not considered compounding for purposes of this article.

(4) COMPOUNDED OVER THE COUNTER (OTC) PRODUCTS. A medical product that is prepared, packaged, and labeled in a pharmacy that can be sold by the pharmacy without a prescription.

(5) MANUFACTURING. The production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of the substance or substances or labeling or relabeling of its container, and the promotion and marketing of such drugs or devices. Manufacturing also includes any preparation of a drug or device that is given or sold for resale by a pharmacy, practitioner, or other person. The distribution of inordinate amounts of compounded products without a prescriber/patient/pharmacist relationship is considered manufacturing.

(6) PHARMACY TECHNICIAN. A person, registered with the board, who assists the pharmacist in the practice of compounding.

(7) REASONABLE AMOUNTS OF COMPOUNDED PRODUCTS IN INVENTORY. The amount that is required to meet historical dispensing needs.
Ala. Code § 34-13-71 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-71
Section 34-13-71 Form and Contents of Application; Interview
Status: in_force

An application for a license as a funeral director shall be in writing and verified on a form provided by and addressed to the board and filed with the executive director. The application shall specify the address of the applicant and shall be accompanied by the affidavits of at least two licensed embalmers or funeral directors to the effect that the applicant is of good character and has qualified himself or herself to become licensed as prescribed by this chapter. The board may require an applicant for license as a funeral director to submit to a personal interview.
Ala. Code § 34-8B-9 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-9
Section 34-8B-9 Recovery by Board of Damages; Liability of Board Members
Status: in_force

(a) The board may sue and be sued in its own name to recover actual or compensatory damages, including interest and court costs, sustained as the result of disciplinary action taken against any licensee or any other person who violates this chapter or rules promulgated hereunder.

(b) All members of the board shall be immune from civil liability while acting within the scope of their duties as board members.
Ala. Code § 34-11-11.1 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-11.1
Section 34-11-11.1 Civil Penalties; Recovery of Costs
Status: in_force

(a) The board may levy a civil penalty and recover costs from any individual or firm for any of the following activities:

(1) Engaging in the practice or offering to practice engineering or land surveying in the state without being authorized in accordance with the provisions of this chapter.

(2) Using or employing the words “engineer,” “engineering,” “land surveyor,” “land surveying,” or any modification or derivative thereof in his or her name or form of business activity except as authorized in this chapter.

(3) Presenting or attempting to use the certificate of licensure or seal of a professional engineer or professional land surveyor or attempting to use an unauthorized certificate of authorization.

(4) Engaging in any fraud or deceit in obtaining or attempting to obtain a certificate of licensure, intern certification, or certificate of authorization.

(5) Impersonating any professional engineer or professional land surveyor or any firm holding a certificate of authorization.

(6) Using or attempting to use a revoked or non-existent certificate of licensure, intern certification, or certification of authorization or an expired certificate of licensure or certificate of authorization not eligible for reinstatement.

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

(c) In addition to any other sanction provided in this chapter, the board may levy a civil penalty and recover costs from any firm where one or more of its managing agents, officers, directors, owners, or managers have been found in violation of this chapter or any board rule.

(d) A civil penalty assessed under this section may not exceed five thousand dollars ($5,000) for each count or separate offense. The civil penalty is payable to the General Fund.
Ala. Code § 34-3-89 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-89
Section 34-3-89 Who May Initiate Proceedings
Status: in_force

The proceedings to remove or suspend an attorney, as provided for in Sections 34-3-86 and 34-3-87, may be taken by the court on its own motion or upon the motion of any third party.
Ala. Code § 34-3-60 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-60
Section 34-3-60 Fees Paid as Part of Costs in Partition and Trust Proceedings
Status: in_force

In all actions and proceedings in the probate courts and circuit courts and other courts of like jurisdiction, where there is involved the administration of a trust, or where there is involved the sale of property for distribution, or where there is a partition in kind of real or personal property between tenants in common, the court having jurisdiction of such action or proceeding may ascertain a reasonable attorney’s fee, to be paid to the attorneys or solicitors representing the trust, joint or common property, or any party in the action or proceeding, and is authorized to tax as a part of the costs in such action or proceeding such reasonable attorney’s fee, which is to be paid when collected as the other costs in the proceeding to such attorneys or solicitors as may be directed or ordered by the court and to be a lien on the several parts in case of partition in kind.
Ala. Code § 34-14-14 — Alabama Code / Title 34 / Chapter 14 / Section 34-14-14
Section 34-14-14 Penalties
Status: in_force

A violation of this chapter shall be punishable as a Class C misdemeanor.
Ala. Code § 34-23-186 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-186
Section 34-23-186 Extrapolation
Status: in_force

(a) The auditing entity shall not use extrapolation to calculate penalties or amounts to be charged back or recouped unless otherwise required by federal requirements or federal plans.

(b) The auditing entity conducting a pharmacy audit shall not compensate an employee or contractor with which an auditing entity contracts to conduct a pharmacy audit based on the amount claimed or the actual amount recouped by the pharmacy being audited.
Ala. Code § 34-41-17 — Alabama Code / Title 34 / Chapter 41 / Section 34-41-17
Section 34-41-17 Written Charges Against Licensed Geologist
Status: in_force

Any person may file written charges against any licensed professional geologist pursuant to rules and regulations adopted by the board. Charges or allegations shall be in writing and shall be sworn to by the person or persons making them and shall be filed with the secretary-treasurer of the board. The board shall investigate all valid complaints.
Ala. Code § 34-3-62 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-62
Section 34-3-62 Procedure When Amount of Compensation Disputed
Status: in_force

Whenever any disagreement or controversy arises between an attorney-at-law and any other person respecting the amount of the compensation to which he or she is entitled by contract or otherwise and his or her retention of the same out of any funds in his or her hands, such attorney may by motion in the circuit court or court of like jurisdiction, of the county of his or her residence, of which such other person shall have notice, obtain an order of the court that a certain amount is due under such contract or would be reasonable compensation for his or her services; and, when such motion is made and order obtained, such attorney shall not be subject to prosecution, suspension, or removal under this chapter or other penalty therefor; but nothing herein contained shall affect or destroy any civil action to which any person would be entitled against such attorney respecting the same, or any criminal prosecution to which the accused would be otherwise liable.
Ala. Code § 34-25B-20 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-20
Section 34-25B-20 Reciprocity with Other States
Status: in_force

The board may negotiate and enter into reciprocal agreements with the appropriate officials in other states to permit licensed investigators who meet or exceed the qualifications established in this chapter to operate in reciprocal states under mutually acceptable terms.
Ala. Code § 34-30-28 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-28
Section 34-30-28 Display; Effect
Status: in_force

The license issued pursuant to this chapter shall be displayed in the licensee’s principal place of practice, and shall entitle the licensee to hold himself or herself forth to the public as providing services as authorized by this chapter.
Ala. Code § 34-6-10 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-10
Section 34-6-10 Permitting Minors to Play Billiards or Pool
Status: in_force

Any person operating or managing a billiard or pool table on which the public can play, whether for pay or not, who knowingly permits any minor to play thereon or to loiter on the same premises, shall, on conviction, be fined not less than $50.
Ala. Code § 34-7B-24 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-24
Section 34-7B-24 Qualifications of Applicants for Examination or Licensure - Instructor
Status: in_force

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

(1) Has completed at least 12 grades in secondary school, or the equivalent.

(2) Holds a valid license in the applicable area of practice.

(3) Satisfies either of the following requirements:

a. Has successfully completed at least 1,500 hours in a teacher’s training course at a school licensed or registered under the provisions of this chapter.

b. Has completed at least one year of active experience in a shop plus 650 hours in a school licensed or registered under the provisions of this chapter.

(b) Any applicant who satisfies the qualifications in subsection (a), pays the applicable examination fee, successfully completes the applicable examination, and pays the license fee shall be issued an instructor license for the applicable area of practice.
Ala. Code § 34-30-106 — Alabama Code / Title 34 / Chapter 30 / Section 34-30-106
Section 34-30-106 Reissuance of a Multistate License by a New Home State
Status: in_force

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

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

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

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

(3) Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. The procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(4) If required for initial licensing, the new home state may require completion of jurisprudence requirements in the new home state.

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

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

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

(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
Ala. Code § 34-25-34 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-34
Section 34-25-34 Refusal, Suspension, Reprimand, Probation, or Revocation - Hearing
Status: in_force

(a) Where there is cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the board shall, not less than 30 days before refusal, suspension, or revocation action is taken, notify such person in writing, in person or by registered or certified mail at the last address supplied to the board by such person, of such impending refusal, suspension, or revocation, the reasons therefor and of his or her right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board. If, within 20 days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the board for this administrative hearing, the board is authorized to suspend or revoke the polygraph examiner’s license of such person without a hearing. Upon receipt by the board of such written request of such person within 20 days as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than 10 days after written notification thereof, including a copy of the charges, shall have been given the person by personal service or by registered or certified mail sent to the last address supplied to the board by the applicant or licensee. The administrative hearing in such cases shall be before the board.

(b) The board shall conduct the administrative hearing and it is authorized to administer oaths and issue subpoenas for attendance of witnesses and the production of relevant books, papers, documents, etc. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.
Ala. Code § 34-8B-3 — Alabama Code / Title 34 / Chapter 8B / Section 34-8B-3
Section 34-8B-3 License Required
Status: in_force

No person, except as otherwise provided by law, shall practice or attempt to practice court reporting in this state or hold himself or herself out as a court reporter unless the person is a licensed court reporter.
Ala. Code § 34-1-15 — Alabama Code / Title 34 / Chapter 1 / Section 34-1-15
Section 34-1-15 Reinstatement of Certificate, Registration, or Permit
Status: in_force

Upon application in writing and after hearing, pursuant to notice, the board may issue a new certificate to a certified public accountant whose certificate shall have been revoked, may allow the reregistration of anyone whose registration has been revoked, may reissue or modify the suspension of any permit to practice public accounting which has been revoked or suspended, or may restore or modify the suspension of any practice privilege granted pursuant to Section 34-1-7 which has been revoked or suspended.
Ala. Code § 34-4-3 — Alabama Code / Title 34 / Chapter 4 / Section 34-4-3
Section 34-4-3 Exemptions from Chapter
Status: in_force

The provisions of this chapter and the terms “auctioneer,” “apprentice auctioneer,” “auction business or business of auctioneering,” as defined in Section 34-4-2, shall not apply to and shall not include any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall they include a trustee acting under a trust agreement, deed of trust or will, nor shall they include sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree.
Ala. Code § 34-40-17 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-17
Section 34-40-17 Sunset Provision
Status: in_force

The Alabama Board of Athletic Trainers is subject to the provisions of the Alabama Sunset Law of 1981, shall be classified an enumerated agency under Section 41-20-3, and shall terminate on October 1, 1997, unless continued as therein provided. If continued, the board shall be reviewed every four years thereafter and terminated unless continued by the law.
Ala. Code § 34-11-3 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-3
Section 34-11-3 Roster of Registrants
Status: in_force

A roster showing the names and addresses of all licensed professional engineers, all professional land surveyors, and all who possess current certifications as engineer interns or land surveyor interns shall be published by the board as provided for by board rule.
Ala. Code § 34-7B-15 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-15
Section 34-7B-15 Student Registration
Status: in_force

(a) No person may be registered as a student unless he or she satisfies all of the following qualifications:

(1) Is at least 16 years old.

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

(b) Upon certification of enrollment by a school, the name, address, Social Security number, and birth date of each student shall be sent to the board on a form provided by the board.

(c) A student who has completed 70 percent of the required school instructional hours may work in a shop when school is not in session. One student shall be allowed for each licensee in the shop.

(d) Within 120 days after a student completes the required school instructional hours and training, the appropriate instructor shall certify a record of completion for the student to the board.

(e) An instructor who fails to certify student completion to the board in a timely manner shall be in violation of board rules and may be subject to a fine by the board.

(f) If a student does not receive his or her license within two years after certification of completion of training, the board may require the student to complete additional hours of training before applying or reapplying for licensure.
Ala. Code § 34-40-14 — Alabama Code / Title 34 / Chapter 40 / Section 34-40-14
Section 34-40-14 Athletic Trainers Fund Created; Expenditure of Funds
Status: in_force

There is hereby created in the State Treasury a fund to be known as the Athletic Trainers Fund. All receipts of the Alabama Athletic Trainers Board shall be deposited into this fund. The expenses incurred by the Alabama Athletic Trainers Board in carrying out the provisions of this chapter shall be paid out of the Athletic Trainers Fund by warrant of the Comptroller upon the Treasurer upon itemized vouchers, approved by the chair of the board or his or her designee. The Alabama Board of Athletic Trainers may make grants, and to otherwise arrange with qualified individuals, institutions, or agencies to develop and promote athletic training programs and continuing education programs for athletic trainers. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96 and Sections 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriations acts.
Ala. Code § 34-15B-17 — Alabama Code / Title 34 / Chapter 15B / Section 34-15B-17
Section 34-15B-17 Administrative Procedure
Status: reserved

Repealed by Act 2010-706, p. 1715, §§2(a), 3, effective August 1, 2010.
Ala. Code § 34-7B-12 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-12
Section 34-7B-12 Construction of Chapter
Status: in_force

This chapter may not be construed to affect or regulate the teaching of cosmetology or any of its practices in any public school.
Ala. Code § 34-26-48 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-48
Section 34-26-48 Review of Action of Board
Status: in_force

Any action of, or ruling or order made or entered by the board declining to issue a certificate, declining to recommend licensure, or recommending suspension or revocation of a certificate or license shall be subject to review by the courts of this state in the same manner and subject to the same powers and conditions as now provided by law in regard to rulings, orders, and findings of other quasi-judicial bodies in Alabama, where not otherwise specifically provided. No such appeal while pending appropriate court action shall supersede such revocation or suspension.
Ala. Code § 34-25-1 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-1
Section 34-25-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Polygraph Examiners Act.
Ala. Code § 34-23-91 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-91
Section 34-23-91 Duties of Officers; Compensation and Expenses; Meetings; Funds and Disbursements; Books and Records
Status: in_force

(a) The president of the board shall preside at all of the board’s meetings. The vice president shall preside in the absence or inability of the president. The secretary of the board shall be the executive officer in charge of the board’s office. The secretary shall make, keep, and be in charge of all records and record books required to be kept by the board, including a register containing all information that is required under this chapter. The secretary shall attend to the correspondence of the board and perform any other duties the board may require in keeping with the office of secretary. The secretary shall receive and record all fees collected under this chapter and, at regular intervals as ordered by the board, shall pay the fees to the treasurer of the board for its use. The secretary may have any forms printed and office supplies furnished as necessary to implement this chapter. The secretary and treasurer of the board shall each furnish bond in an amount to be fixed by the board and shall be conditioned upon the faithful performance and discharge of their respective official duties.

(b) While serving on business of the board and from funds of the board, members shall be entitled to a per diem of five hundred dollars ($500) per day for days when members actually engage in official business of the board. In addition, members of the board shall be entitled to actual expenses incurred as is paid by law to state employees while engaged in official business of the board. For purposes of this subsection, attending continuing education classes or otherwise engaging in an activity necessary solely to maintain a member’s license to practice pharmacy or registration to practice as a pharmacy technician is not considered official business of the board.

(c) The board shall conduct meetings at least three times annually and more often when deemed necessary for the examination of applicants for licensure and for the transaction of business as may legally come before the board. Public notice of all meetings shall comply with the Open Meetings Act. At all meetings of the board, a majority shall constitute a quorum. The members of the board shall determine the place of meetings of the board.

(d) The treasurer of the board shall have custody of all funds derived from the various provisions of this chapter. All disbursements shall be made by check as authorized by vouchers signed by the president and secretary of the board. The books and records of the board as made and kept by the secretary or under his or her supervision shall be prima facie evidence of the matter therein recorded in any court.
Ala. Code § 34-24-191 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-191
Section 34-24-191 Definitions
Status: in_force

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

(1) BOARD. The Board of Physical Therapy established by Section 34-24-192.

(2) COMMISSION. The Physical Therapy Compact Commission, the national administrative body whose membership consists of all states that have enacted the interstate compact.

(3) COMPACT PRIVILEGE. The authorization granted by a remote state to allow a licensee from another state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter.

(4) COMPACT PRIVILEGE HOLDER. An individual licensed as a physical therapist or physical therapist assistant in a compact state who has been granted a compact privilege by the commission.

(5) FOREIGN EDUCATED PHYSICAL THERAPIST. A person trained or educated in the practice of physical therapy outside of the United States or any of its territorial possessions.

(6) IMPAIRED. The inability of a physical therapy licensee to practice physical therapy 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.

(7) PHYSICAL THERAPIST. A person who practices physical therapy.

(8) PHYSICAL THERAPIST ASSISTANT. A person who assists in the practice of physical therapy and whose activities require an understanding of physical therapy but do not require professional or advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy. The physical therapist assistant shall practice only under the direction of a licensed physical therapist.

(9) PHYSICAL THERAPY. The treatment of a human being by the use of exercise, massage, heat, cold, water, radiant energy, electricity, or sound for the purpose of correcting or alleviating any physical or mental condition or preventing the development of any physical or mental disability, or the performance of neuromuscular-skeletal tests and measurements to determine the existence and extent of body malfunction , as well as any other means or methods taught in schools or colleges which are recognized by the Alabama Board of Physical Therapy, so long as they do not conflict with any other provision of this article . Physical therapy does not include radiology or electrosurgery.

(10) PHYSICAL THERAPY AIDE. A person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy services.

(11) PHYSICAL THERAPY LICENSEE. A physical therapist or physical therapist assistant who is licensed under this article.

(12) PHYSICAL THERAPY REFERRER. A physician licensed to practice medicine or surgery, a dentist licensed to practice dentistry, a licensed chiropractor, a licensed assistant to a physician acting pursuant to a valid supervisory agreement, or a licensed certified registered nurse practitioner in a collaborative practice agreement with a licensed physician.

(13) PHYSIOTHERAPIST. Synonymous with the term “physical therapist,” and the term shall be used to identify only those persons licensed under this article. The physical therapist may use the letters “P.T.” in connection with his or her name or place of business to denote his or her registration hereunder.

(14) RESTRICTED LICENSE.

a. For a physical therapist, a license on which the board has placed restrictions or conditions, or both, as to the scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient to whom the physical therapist may provide services.

b. For a physical therapist assistant, a license on which the board has placed any restriction.

(b) Words importing the masculine gender shall include the feminine.
Ala. Code § 34-31-24 — Alabama Code / Title 34 / Chapter 31 / Section 34-31-24
Section 34-31-24 Performance of Functions of Certified Contractor; Testing or Verifying Duct Air Tightness
Status: in_force

(a)(1) No person may advertise, solicit, bid, obtain permits, do business as, or perform the function of a certified contractor unless the person in responsible charge, is a certified contractor.

(2) Every contractor licensed under this chapter shall display the contractor’s certification number and the company name on all documentation, forms of advertising, and on all service and installation vehicles used in conjunction with heating, air conditioning, and refrigeration contracting.

(3) A contractor licensed under this chapter may not permit the use of his or her license by any other person.

(4) No official who issues licenses to any person to operate a business as a certified contractor may issue a license unless there is presented for inspection a certificate of qualification issued by the board to the individual or to the person in responsible charge with the partnership or corporation.

(b) The following requirements apply to the practice of testing or verifying duct air tightness:

(1) Any individual who engages in the practice of testing and verifying duct air tightness is required to register with the board. The individuals are not required to become a certified heating and air conditioning contractor, but shall complete training as set forth by this subsection. The board shall maintain a list of individuals who are registered duct envelope testing contractors in the practice of testing and verifying duct air tightness and leakage. The board may establish fees to be paid by registrants. All fees must accompany the application for registration and are nonrefundable. All registrations must be renewed by December 31 of each year. The board may establish a late fee for those individuals failing to renew by December 31.

(2) Any board certified heating and air conditioning contractor or home builder licensed by the Alabama Home Builders Licensure Board seeking to register as a duct tightness tester for the purposes of testing ducts on his or her own project or on a third party basis for the general public, must successfully complete the Residential Energy Services Network Home Energy Rating Systems (HERS) Rater training, the Building Performance Institute Building Analyst (BPI) training, or the Home Builders Association of Alabama Qualified Credentialed Air Tightness Verifier (QCATV) training. Any applicant that is not a board certified contractor or a licensed home builder seeking to register as a duct tightness tester for the purposes of testing duct work on a third party basis for the general public must successfully complete the Residential Energy Services Network Home Energy Rating System (HERS) Rater training or the Building Performance Institute Building Analyst (BPI) training. Each applicant must submit verification that he or she has successfully completed the training required by at least one of the above listed programs to the board prior to receiving the registration in order to be added to the list of registered individuals. Each registrant must submit proof of completion, approved by the Home Builders Association of Alabama, prior to annual re-registration by the board.

(3) The board may discipline any registrant who fails to conduct air tightness testing to the standards set forth by the board. Discipline for registrants may include all penalties authorized by this chapter.
Ala. Code § 34-39-40 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-40
Section 34-39-40 Oversight, Dispute Resolution, and Enforcement
Status: in_force

(a) Oversight.

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

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

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

(b) Default, technical assistance, and termination.

(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall:

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

b. Provide remedial training and specific technical assistance regarding the default.

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

(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the Governor, the majority and minority leaders of the defaulting state’s Legislature, and each of the member states.

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

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

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

(c) Dispute Resolution.

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

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

(d) Enforcement.

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

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

(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
Ala. Code § 34-2-34 — Alabama Code / Title 34 / Chapter 2 / Section 34-2-34
Section 34-2-34 Refusal, Revocation, or Suspension of Certificate; Grounds; Hearing; Appeal
Status: in_force

(a) The board shall have the following disciplinary powers:

(1) To issue cease and desist letters to persons who are practicing architecture without a license.

(2) To issue reprimands to any licensee who violates any provision of this chapter or the rules of the board.

(3) To levy administrative fines for serious violations of this chapter or the rules of the board of not more than five thousand dollars ( $5,000 ) for each day the violation continues, but in no event shall an administrative fine exceed twenty-five thousand dollars ( $25,000 ) total per violation.

(4) To refuse to issue a certificate, to suspend a certificate for a definite period, or to revoke the certificate of registration of an architect who is found guilty of any of the following :

a. Any fraud or deceit in obtaining a certificate of registration as determined by the board at a hearing .

b. Gross negligence, incompetence, or misconduct in the practice of architecture as determined by the board at a hearing .

c. A felony or misdemeanor involving moral turpitude by a court of competent jurisdiction .

d. Practicing architecture in this state in violation of the standards of professional conduct established by the board .

e. Practicing architecture in this or any other state or country in violation of the laws of that state or country .

f. Aiding or abetting any individual, partnership, or corporation to engage in the practice of architecture in violation of any provisions of law.

(b) Pursuant to subsection (a) , notice of the nature of the charges placed against an architect and the time and place of hearing these charges by the board must be sent to the accused by certified mail, with return receipt requested, and addressed to his or her last known place of business, or residence, not less than 30 days before the date fixed for such hearing. The notice shall inform the individual that he or she is entitled to be represented by counsel of his or her choosing at the hearing, to have witnesses testify on his or her behalf at the hearing, to confront and cross-examine witnesses at the hearing, and to testify on his or her own behalf at the hearing.

(c) In all cases of reprimand, administrative fine, refusal, suspension, or revocation of a certificate of registration, or any other disciplinary action of the board, the accused may appeal to the Circuit Court of Montgomery County, Alabama. Either party, the accused or the board, has the right to appeal from the final decree of the circuit court as provided by law.
Ala. Code § 34-24-160 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-160
Section 34-24-160 Application; Qualifications of Applicant; Fee. (Amended by Act 2026-288)
Status: in_force

AMENDED BY ACT 2026-288, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Any person wishing the right to practice chiropractic shall make application to the State Board of Chiropractic Examiners in the form as the board may prescribe.

(b) In addition to other requirements established by law and for the purpose of determining an applicant’s suitability for a license to practice chiropractic, each applicant shall submit a complete set of fingerprints to the State Board of Chiropractic Examiners. The board shall submit the fingerprints provided by each applicant for a license to practice chiropractic to the Alabama Bureau of Investigation (ABI). The fingerprints shall be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal history record check. Costs associated with conducting a criminal history background check shall be borne by the applicant. The State Board of Chiropractic Examiners shall keep information received pursuant to this section confidential, except that such information received and relied upon in denying the issuance of a license to practice chiropractic in this state may be disclosed as may be necessary to support the denial. This requirement also shall apply to any person who is not licensed as a chiropractor who applies for a permit pursuant to Section 34-24-123(b).

(c) Each applicant shall be of good moral character, 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.

(d) Each applicant shall be a graduate of a chartered chiropractic school or college accredited by the council of chiropractic education which teaches only attendance courses and requires a minimum four-year standard college course.

(e) An applicant for licensure who graduated from chiropractic college after January 1, 2010, shall have a bachelor’s degree from an accredited college or university. Absent a bachelor’s degree, the requirement may be met by an academic graduate degree from a regionally accredited college or university and proof that the applicant has taken a nationally recognized standardized test commensurate with that applicant’s graduate degree.

(f) The application shall be signed by the applicant in his or her own handwriting, and shall be notarized, and shall recite the history of the applicant’s educational qualifications, how long he or she has studied chiropractic, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, transcripts, etc.

(g) Each applicant shall submit with his or her application satisfactory evidence of good character and reputation.

(h) Each applicant for licensure shall pay to the board a fee of not less than fifty dollars ($50) and not more than one hundred fifty dollars ($150), the exact amount to be fixed annually by resolution of the State Board of Chiropractic Examiners. The fee shall accompany the application. A fee of not less than fifty dollars ($50) and not more than one hundred fifty dollars ($150), the exact amount to be fixed by resolution of the State Board of Chiropractic Examiners shall be paid for any subsequent examination.
Ala. Code § 34-7B-85 — Alabama Code / Title 34 / Chapter 7B / Section 34-7B-85
Section 34-7B-85 Authority of the Compact Commission and Member State Licensing Authorities
Status: in_force

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

(b) Insofar as practical, a member state’s licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of esthetics according to the provisions of this compact.

(c) Discipline shall be the sole responsibility of the state in which esthetics services are provided. Accordingly, each member state’s licensing authority shall be responsible for receiving complaints about individuals practicing esthetics in that state and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission, by rule, may require.
Ala. Code § 34-11-35.1 — Alabama Code / Title 34 / Chapter 11 / Section 34-11-35.1
Section 34-11-35.1 Legislative Findings; Rulemaking Authority
Status: in_force

(a) In addition to the powers provided to the board by Section 34-11-35, the Legislature finds and declares all of the following:

(1) The power to adopt rules regulating the practice of engineering and land surveying in the state includes the power to prohibit unlicensed persons from practicing engineering or land surveying and the power to regulate how licensed persons practice.

(2) The primary goal of the provision of engineering and land surveying in the state is to prioritize health, life, safety, welfare, and property.

(3) The board is in the best position to determine the engineering and land surveying practices that prioritize health, life, safety, welfare, and property.

(4) Prioritizing health, life, safety, welfare, and property may sometimes be at odds with the goals of state and federal antitrust laws which include prioritizing competition and efficiency.

(5) It is the intent of the Legislature, by passage of this section, to immunize the board and the members of the board from liability under state and federal antitrust laws for the adoption of a rule that prioritizes health, life, safety, welfare, and property, and may be anti-competitive.

(b) Subject to subsection (c), rules adopted by the board pursuant to this section or Section 34-11-35, may define and regulate the practice of engineering and land surveying in a way that prioritizes health, life, safety, welfare, and property, even if the rule is anti-competitive.

(c) A rule adopted pursuant to this section or Section 34-11-35 may supplement or clarify a statutory definition, but may not conflict with any statute that defines the practice of engineering or land surveying.

(d)(1) Except as otherwise provided in subdivision (2), the board shall adopt rules pursuant to this section that allow engineers and land surveyors to solicit professional services in accordance with competitive, qualification-based selection policies and procedures. The rules shall prohibit competitive bidding based solely upon price or fee.

(2) The rules adopted under subdivision (1) shall not apply to a boundary survey on private land where the survey is not intended for use as a basis for engineering design at the time of preparation, unless the survey is prepared in accordance with the standards specified by the American Land Title Association and the National Society of Professional Surveyors.

(e) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the State Board of Licensure for Professional Engineers and Land Surveyors beyond that which existed before the ruling of the Supreme Court of the United States in N.C. State Board of Dental Examiners vs. FTC, 135 S.Ct 1101 (2015).

(f) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the State Board of Licensure for Professional Engineers and Land Surveyors in any context outside of federal or state antitrust immunity beyond that which existed before the ruling of the Supreme Court of the United States in N.C. State Board of Dental Examiners vs. FTC, 135 S.Ct 1101 (2015).
Ala. Code § 34-27A-22 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-22
Section 34-27A-22 Revocation or Suspension of License - Hearing; Findings; Judicial Review as to Questions of Law
Status: in_force

(a) The hearing on the charges shall be at a time and place prescribed by the board and in accordance with this article.

(b) If the board determines that a licensed real estate appraiser is guilty of a violation of this article, it shall prepare a finding of fact and recommend that the appraiser be reprimanded or that his or her license be suspended or revoked. The decision and order of the board shall be final.

(c) Any final decision or order of the board shall be reviewable by a court of appropriate jurisdiction as to the questions of law only. Any application for review made by an aggrieved party shall be filed within 30 days after the final decision or order of the board.

(d) If an application for review of a final decision or order of the board is filed, the case shall be fixed for trial within 30 days from the filing of an answer by the board. If the court finds that the board has regularly pursued its authority and has not acted arbitrarily, it shall confirm the decision or order. Decisions of the board regarding whether to license or certify, to discipline, or to de-license or de-certify appraisers shall be final administrative action subject only to appropriate judicial review.
Ala. Code § 34-21A-20 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-20
Section 34-21A-20 Replacement Licenses
Status: in_force

The board shall issue a replacement to a licensee who shows upon application that the current license has been lost, destroyed, or stolen or if the licensee’s name has been changed by marriage or court order. An application for a replacement license shall be accompanied by all required fees.
Ala. Code § 34-23-117 — Alabama Code / Title 34 / Chapter 23 / Section 34-23-117
Section 34-23-117 No Programs to Be Instituted until Notice Given
Status: in_force

After June 27, 1981, no third party prescription programs shall be instituted in this state unless:

(1) The program administrator has given written notice of the provisions of the particular program to all pharmacies in this state as defined in Section 34-23-1.

(2) All pharmacies in this state as defined by Section 34-23-1 have had 30 days from the date of notice to enroll in that particular program.
Ala. Code § 34-24-293 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-293
Section 34-24-293 Powers and Duties of Board
Status: in_force

(a) The Board of Medical Examiners shall have and exercise all powers and duties previously granted to it. The board may make specific rules and regulations pertaining to the licensure approval, registration, and regulation of assistants to physicians. The board may also make specific rules and regulations pertaining to approvals, disapprovals, and withdrawing approvals from physicians to utilize assistants to physicians.

(b) The board may recognize, approve, and disapprove new categories and specialties of assistants to physicians as they develop in the delivery of health care.

(c) The board shall issue certificates of approval for programs for the education and training of assistants to physicians which meet board standards.

(d) In developing criteria for program approval, the board shall give consideration to and encourage the utilization of equivalency and proficiency testing and other mechanisms whereby full credit is given to trainees for past education and experience in health fields.

(e) The board shall adopt and publish standards to insure that the programs operate in a manner which does not endanger the health and welfare of patients who receive services within the scope of the program. The board shall review the quality of the curriculum, faculty, and the facilities of the programs and shall issue certificates of approval, and at the other times as it deems necessary to determine that the purposes of this article are being met.

(f) The board shall formulate guidelines for the consideration of applications by a licensed physician or physicians to supervise assistants to physicians. Each application made by a physician or physicians to the board shall include all of the following:

(1) The qualifications, including related experience, possessed by the proposed assistant to a physician.

(2) The professional background and specialty of the physician or physicians.

(3) A description by the physician of his or her, or physicians of their, practice and the way in which the assistant or assistants are to be utilized.

(g) The board shall approve an application by a licensed physician or physicians to supervise an assistant to a physician where the board finds that the proposed assistant is a graduate of an approved program, is licensed by the board, and is fully qualified by reason of experience and education to perform medical services under the supervision of a licensed physician and that the licensed physician or physicians are suitable and competent to exercise such supervision.

(h) The board shall provide for penalties for violation of rules and regulations promulgated by the board, including the revocation or suspension of approval of registration to act as an assistant to a physician and approval of physicians to supervise assistants to physicians.

(i) The board shall prescribe a method by which a candidate for approval, having prior certification, registration, or licensure, may be evaluated and approved. The board shall also prescribe a method by which a candidate for approval may be evaluated and given approval based upon the candidate’s past education and work experience.

(j) The board may cooperate and participate in those federal programs affecting or in conjunction with these types of allied health personnel.

(k) For the administration of its duties and power in connection with these new categories of health manpower, the board shall establish a reasonable fee schedule, and receipts from payments of the fees shall be expended by the board in carrying out the purposes of this article.

(l) The board may establish written guidelines which govern the prescription practices of assistants to physicians. The guidelines and any and all additions, deletions, corrections, or changes thereto shall not be considered a rule or regulation requiring publication under the Alabama Administrative Procedure Act. The guidelines shall establish a formulary of legend drugs that may be prescribed by an assistant to physician and establish minimum requirements for review of the prescribing practice of an assistant to a physician by his or her supervising physician.

(m) The board may adopt such other rules and regulations as are reasonably necessary to carry out the intent, purposes, and provisions of this article.
Ala. Code § 34-13-8 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-8
Section 34-13-8 Certified Copy of Official Documents
Status: in_force

On application of any person and payment of the cost thereof, the executive director of the board shall furnish, under the seal of the board and signed by the executive director, a certified copy of any license, rule, regulation, or order. In any court or proceeding such copy shall be prima facie evidence of the fact of the issuance of such license, regulation, rule, or order and that such is effective as of the date of such certificate.
Ala. Code § 34-24-250 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-250
Section 34-24-250 Appointment; Composition; Qualifications of Members; Terms of Office
Status: in_force

(a) The Governor of Alabama shall appoint a State Board of Podiatry consisting of seven individuals, each of whom shall be a citizen of the United States and a resident of Alabama, over the age of 25, and shall have been engaged in the actual continuous practice of podiatry in the State of Alabama for at least five years next preceding his or her appointment. One member of the board shall be appointed each year, with the exception of three members being appointed every fifth year starting in 1979, for terms of five years and until their successors are appointed and qualified. No member of the board shall be reappointed for a successive term. Previous board members are eligible for nonsuccessive appointments. The Governor may remove from office at any time any member of the board for neglect of duty, incompetency, improper or unprofessional conduct, or when the license or certificate of any member has been suspended or revoked. Vacancies on the board shall be filled by appointment by the Governor in the manner provided in this section. The Governor shall furnish each member of the board at the time of appointment a certificate of appointment, and the appointee shall qualify by taking the usual oath of office before the judge of probate of his or her home county within 15 days from the date of appointment.

(b) After April 6, 1993, each vacant office occurring shall be first offered to each available black licensee until a black member is appointed to the board. When a black member is appointed to the board, thereafter appointments shall be made in such a manner as to ensure at least one black member on the board at all times, and the membership of the board shall be inclusive and reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Commencing on June 1, 2025, as the terms of the members serving on the board expire, the membership of the board shall be appointed so that one member resides in and is appointed from each congressional district in this state.
Ala. Code § 34-29-60 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-60
Section 34-29-60 Short Title
Status: in_force

This article shall be known as the Alabama Veterinary Practice Act.
Ala. Code § 34-24-50.1 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-50.1
Section 34-24-50.1 Definitions
Status: in_force

Unless otherwise indicated from the context, the terms set out below as used in Articles 3, 8, 9, and 10 of this chapter have the following meanings:

(1) BOARD. The State Board of Medical Examiners.

(2) DOCTOR. Both doctors of medicine and doctors of osteopathy.

(3) EXPEDITED LICENSE. A license to practice medicine, a certificate of qualification, a certification of eligibility for a license to practice medicine, or a certification of eligibility for a certificate of qualification that is issued in an accelerated manner.

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

(5) LICENSED TO PRACTICE MEDICINE. Both the practice of medicine by a doctor of medicine or the practice of osteopathy by a doctor of osteopathy.

(6) PHYSICIAN. Either a doctor of medicine or a doctor of osteopathy.
Ala. Code § 34-24-700 — Alabama Code / Title 34 / Chapter 24 / Section 34-24-700
Section 34-24-700 Legislative Intent
Status: in_force

It is the intent of the Legislature to expand access to safe, effective health care services for the residents of this state through the use of various electronic devices and technologies. The Legislature finds and declares the following:

(1) Telehealth has proven to be a viable tool to supplement traditional, in-person services and provides additional ways for individuals to access medical care.

(2) Allowing physicians to utilize telehealth medical services and other electronic devices to provide care will positively impact residents of this state.

(3) Telehealth should be promoted as sound public policy and should be available to every Alabama resident, irrespective of their race, identity, age, income, socioeconomic class, or geographic location.
Ala. Code § 34-6-35 — Alabama Code / Title 34 / Chapter 6 / Section 34-6-35
Section 34-6-35 No License Issued Where Billiard Room Prohibited by City Ordinance
Status: in_force

This chapter shall not be construed as authorizing the issuance of any license by city officials or probate judge for the operation of any public billiard room in any town or city of this state where the operation of a public billiard room is now or may hereafter be prohibited by city ordinance.
Ala. Code § 34-21-62 — Alabama Code / Title 34 / Chapter 21 / Section 34-21-62
Section 34-21-62 Amount of Scholarships; Criteria for Selection of Recipients; Renewal of Scholarships; Failure to Complete Course or Service as a Nurse
Status: in_force

Each scholarship provided for by this article shall not exceed ten thousand dollars ($10,000) per year, payable from funds appropriated to the Alabama Board of Nursing for this purpose. Contingent upon subsequent legislative funding of this program, a scholarship may either be renewed by the Alabama Board of Nursing for the same student or awarded to another applicant for the scholarship. Criteria for the selection of recipients and awarding of the scholarships shall be established by the Alabama Board of Nursing. These criteria shall be used as guides in the selection of the scholarship recipients from the various geographical areas of the state. In case a scholarship student fails to complete the course prescribed for a graduate degree in nursing, that student shall repay the amount of any scholarship funds received hereunder to the State Treasury. In the event of the scholarship recipient’s death, the obligation for funds disbursed and not repaid shall be cancelled. In the event the scholarship recipient becomes mentally or physically impaired and is unable to complete a graduate course in nursing, or has received a graduate degree but is unable to complete one year of service as a nurse due to such disability, the obligation for funds disbursed and not repaid shall be cancelled.
Ala. Code § 34-25B-4 — Alabama Code / Title 34 / Chapter 25B / Section 34-25B-4
Section 34-25B-4 Alabama Private Investigation Board - Creation; Composition
Status: in_force

(a) There is created the Alabama Private Investigation Board. The appointing authorities shall coordinate their appointments to assure the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state.

(b) Private investigator members shall have had five years of experience as an investigator prior to his or her appointment. Beginning on August 1, 2018, each private investigator member appointed to the board shall have been licensed pursuant to this article as a private investigator for a period of at least five years prior to his or her appointment.

(c) The following members shall be appointed to the board:

(1) Three individuals appointed by the Governor, two of whom shall be private investigators and one of whom shall be a consumer who will represent the public at large.

(2) One individual appointed by the Lieutenant Governor, who shall be a private investigator.

(3) One individual appointed by the Speaker of the House of Representatives who shall be a private investigator.

(4) One individual appointed by the Attorney General who shall be a private investigator.

(5) One individual appointed by the Alabama State Bar Association who shall be a member in good standing of the bar.

(6) One individual appointed by the Alabama Private Investigators Association who shall be a private investigator.

(d) All members of the board shall be appointed for a term of four years and shall serve until their successors are appointed and qualified by subscribing to the constitutional oath of office.

(e) Any vacancy occurring on the board shall be filled by the appointing authority of the vacating member for the unexpired term.

(f) No member may be appointed to succeed himself or herself for more than three consecutive full terms.

(g) The appointing authority may remove a member of the board for misconduct, incompetency, or willful neglect of duty. The board may recommend to the appointing authority suggested administrative actions that may be taken against a board member for missing an excessive number of meetings.
Ala. Code § 34-27A-9 — Alabama Code / Title 34 / Chapter 27A / Section 34-27A-9
Section 34-27A-9 Classes of Appraisers
Status: in_force

(a) There shall be five classes of real estate appraisers licensed by the board. The classes may be revised or other classes added if necessary to conform in all respects with the Financial Institutions Reform, Recovery and Enforcement Act of 1989, Pub.L. No. 101-73 (FIRREA), and any subsequent amendments and regulations issued pursuant thereto. The board shall make any revisions to the class titles or requirements for licensure by rules adopted in compliance with the Alabama Administrative Procedure Act, Chapter 22 of Title 41, and Section 34-27A-5. All persons in all classes licensed by the board are subject to the Competency Provision of the Uniform Standards of Professional Appraisal Practice.

(1) The “trainee real property appraiser” classification applies to a person whose scope of practice is the appraisal of those properties which the supervising appraiser is permitted to appraise.

(2) The “state registered real property appraisers” classification applies to those individuals licensed by the board as being qualified to perform real estate appraisals on nonfederally-related properties including any of the following:

a. Complex appraisals of 1 to 4 unit nonfederally-related residential properties having a transaction value of two hundred fifty thousand dollars ($250,000) or less and other nonresidential properties having a transaction value of two hundred fifty thousand dollars ($250,000) or less.

b. Noncomplex appraisals of 1 to 4 unit nonfederally-related residential properties having a transaction value of one million dollars ($1,000,000) or less.

c. This classification does not include the appraisal of subdivisions wherein a development analysis or appraisal is necessary and utilized.

d. All state registered real property appraisers shall comply with the Competency Provision of the Uniform Standards of Professional Appraisal Practice.

(3) The “licensed real property appraiser” classification applies to the appraisal of non-complex, one to four residential units having a transaction value less than one million dollars ($1,000,000) and other types of real estate including complex, one to four residential units having a transaction value less than two hundred fifty thousand dollars ($250,000).

(4) The “certified residential real property appraiser” classification applies to the appraisal of one to four residential units without regard to transaction value or complexity and appraisals of other types of real estate having a transaction value of two hundred fifty thousand dollars ($250,000) or less.

(5) The “certified general real property appraiser” classification applies to the appraisal of all types of real property regardless of complexity or transaction value.

(b) The application for original licensure, renewal licensure, and examination shall specify the classification of licensure being applied for and the licensure previously granted.

(c) A holder of a license issued prior to June 1, 1994, under Section 34-27A-7 who does not submit proof of required appraisal education and experience upon renewal shall be issued a license for the appraiser classification for which he or she meets the requirements and shall not be required to take or pass a written examination for the issuance of a registered real property appraiser license pursuant to this section.
Ala. Code § 34-15-10 — Alabama Code / Title 34 / Chapter 15 / Section 34-15-10
Section 34-15-10 Closure of Hotels
Status: in_force

The State Hotel Inspector, or any of his or her authorized representatives when acting under his or her direction, may close any hotel if the owner, manager or operator thereof has been found guilty of flagrant or continued violation of the State Board of Health rules and regulations governing the operation of hotels; and in such event, it shall be his or her duty to take such action. In case of such closure, it shall be the duty of the sheriff of the county to enforce the closure until the closing order is revoked in writing.
Ala. Code § 34-25-32 — Alabama Code / Title 34 / Chapter 25 / Section 34-25-32
Section 34-25-32 Refusal, Suspension, Reprimand, Probation, or Revocation - Grounds
Status: in_force

The board may refuse to issue a license, may issue oral or written reprimands to an examiner, may place an examiner on probation, or may suspend or revoke a license on any one or more of the following grounds:

(1) Failing to inform a subject to be examined that his or her participation in the examination is voluntary;

(2) Failing to inform a subject to be examined as to the nature of the examination;

(3) Failing to inform the subject of the results of the examination if so requested;

(4) Willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes;

(5) Willfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto;

(6) Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter;

(7) Making any willful misrepresentation or false promises or causing to be permitted any false or misleading advertisement for the purpose of directly obtaining business or trainees;

(8) Allowing one’s license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter;

(9) If the holder of any license has been adjudged guilty of the commission of a felony or a misdemeanor involving moral turpitude;

(10) Where the license holder has been adjudged a habitual drunkard or mentally incompetent as provided in the probate code;

(11) Material misstatement in the application for original license or in the application of any renewal license under this chapter; or

(12) Failing, within a reasonable time, to provide information requested by the board as the result of a formal complaint to the board which indicates a violation of this chapter.
Ala. Code § 34-13-204 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-204
Section 34-13-204 Civil Actions; Liability
Status: in_force

The board, the Attorney General, or any person may bring a civil action against a person or company violating this chapter or rule of the board in Montgomery County or the appropriate court of the county in which the alleged violator resides or has his or her or its principal place of business or in the county where the alleged violation occurred. Upon adverse adjudication, the defendant shall be liable for actual damages caused by the violation. The court, as provided by common law, may award punitive damages and may provide equitable relief as it deems proper or necessary, including enjoining the defendant from further violation of this chapter or rule of the board.
Ala. Code § 34-14A-18 — Alabama Code / Title 34 / Chapter 14A / Section 34-14A-18
Section 34-14A-18 Acquisition, Etc., of Real Property; Property Acquisition Fund
Status: in_force

(a) The board may acquire and hold, in its own name, real property by purchase, gift, lease, lease with the option to purchase, or other lawful means, except eminent domain, which real property is used by the board to carry out its responsibilities. The board may also transfer, sell, convey, or cause to be conveyed real property and any improvements thereon, subject to the requirements of this section. In purchasing any real property, maintaining it, or making improvements thereto, the board may expend any funds contained in the Home Builders Property Acquisition Fund established by subsection (b), and any obligations created in connection with the purchase or improvement of the real property shall not create debts, obligations, or liabilities of the State of Alabama. As used in this section, real property shall include land, lots, and all things and interests, including leasehold interests, pertaining thereto, and all other things annexed or attached to the land which would pass to a vendee by conveyance of the land or lot, including mineral and gas and oil interests. All sales or leases made by the board of any real property owned or held by the board shall be subject to the requirements of Article 3, commencing with Section 9-15-70, Chapter 15, Title 9. Notwithstanding the foregoing, the proceeds from the sale of real property owned by the board which are distributed pursuant to Section 9-15-83, shall be paid to the board and deposited into the property acquisition fund.

(b) The board may establish a property acquisition fund, the proceeds from which may be used by the board for the acquisition of real property. Each licensee shall, on order of the board, pay a fee not to exceed sixty dollars ($60), no more than once a year, per license for deposit in the property acquisition fund. A licensee on inactive status shall not be required to contribute to the property acquisition fund.

(c) The funds received by the board pursuant to this section shall be deposited into the State Treasury and held in a special fund to be known as the Home Builders Property Acquisition Fund and shall be held by the board in trust for carrying out the purposes of the property acquisition fund. The funds so received 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 property acquisition fund shall be deposited into the fund. At the end of each fiscal year, any unencumbered and unexpended balance of the amount appropriated for that fiscal year shall not revert to the State General Fund of the State Treasury under Section 41-4-93, but shall carry over to the next fiscal year.
Ala. Code § 34-39-12 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-12
Section 34-39-12 Denial or Suspension of License; Probationary Conditions; Hearing; Reinstatement
Status: in_force

(a) The board shall, after notice and opportunity for hearing, have the power to deny or refuse to renew a license, or may suspend or revoke a license, or may impose probationary conditions, where the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct includes:

(1) Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of material facts;

(2) Being guilty of unprofessional conduct as defined by the rules established by the board;

(3) Violating any lawful order, rule, or regulation rendered or adopted by the board;

(4) Being convicted of a crime other than minor offenses defined as “minor misdemeanors,” “violations,” or “offenses” in any court if the acts for which he or she was convicted are found by the board to have a direct bearing on whether he or she should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;

(5) Violating any provision of this chapter.

(b) Such denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board. One year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.
Ala. Code § 34-29-66 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-66
Section 34-29-66 President and Vice-President; Bylaws; Meetings; Quorum; Records
Status: in_force

(a) The board shall elect from its members a president and vice-president, each of whom shall serve a term of one year.

(b) The board shall do all of the following:

(1) Adopt rules and regulations to be compiled as an administrative code.

(2) Name a definite time and place for meetings.

(3) Have at least two business meetings each year called by the president, which shall be in addition to meetings for the conduct of examinations.

(4) Give notice in writing at least 10 days prior to the date on which the two annual business meetings are held to Alabama licensed veterinarians.

(5) Have a majority of sitting members of the board as a quorum.

(6) Hold meetings and administrative hearings open to the public except where closed to prepare, approve, administer, or grade examinations or to deliberate the qualifications of an applicant for licensing or the disposition of a proceeding to discipline a licensed veterinarian or any other person licensed under this article.

(7) Hold special meetings called by the president or vice-president of the board and meet anywhere in Alabama.

(8) Keep complete and accurate records of all meetings and these records, except the records of closed meetings as provided in subdivision (6), shall be open to the public.
Ala. Code § 34-43A-15 — Alabama Code / Title 34 / Chapter 43A / Section 34-43A-15
Section 34-43A-15 Criminal Penalties
Status: in_force

Any individual who violates this chapter shall be guilty of a Class C misdemeanor.
Ala. Code § 34-29-76 — Alabama Code / Title 34 / Chapter 29 / Section 34-29-76
Section 34-29-76 License Required - Certain Acts Prohibited
Status: in_force

No person shall practice veterinary medicine or veterinary technology unless the person holds an active license to practice veterinary medicine or veterinary technology in the State of Alabama and in addition:

(1) No person shall use the name or title of licensed veterinarian when the person has not been licensed pursuant to this article.

(2) No person shall use the name or title of a licensed veterinary technician when the person has not been licensed pursuant to this article.

(3) No person shall present as his or her own the license of another.

(4) No person shall give false or forged information to the board or a member thereof for the purpose of obtaining a license.

(5) No person shall use or attempt to use a veterinarian’s license which has been suspended or revoked.

(6) No person shall knowingly employ unlicensed persons in the practice of veterinary medicine.

(7) No person shall knowingly conceal information relative to violations of this article.

(8) No person shall falsely represent himself or herself as being in a supervisory status without providing such supervision.

(9) No person shall provide veterinary medical services to a client or patient in this state through telephonic, electronic, or other means, regardless of the location of the veterinarian, without a license to practice in this state and without establishing a veterinarian-client-patient relationship.

(10) No person convicted of fraud, deceit, gross negligence, incompetency, violation of the administrative code of the board, or any other misconduct in the practice of veterinary medicine shall be allowed to retain his or her license to practice veterinary medicine and surgery in Alabama.

(11) No person convicted of or pleading nolo contendere to a felony or a crime involving moral turpitude shall be allowed to retain his or her license to practice veterinary medicine and surgery in Alabama.
Ala. Code § 34-21A-5 — Alabama Code / Title 34 / Chapter 21A / Section 34-21A-5
Section 34-21A-5 Officers, Executive Director, and Administration of the Board
Status: in_force

(a) At its annual organizational meeting, the board shall elect from its members a chair, vice-chair, and a secretary/treasurer for a one-year term of office. No board member shall serve more than three consecutive one-year terms in any one office. The chair shall exercise general supervision of the board’s affairs, preside at all meetings, appoint committees, and perform all duties pertaining to the office. The vice-chair, in the absence of the chair, shall perform the duties of the chair. The secretary/treasurer shall perform duties as designated by the board.

(b) The board shall select and employ an executive director who shall serve at the pleasure of the board and who shall be responsible for the administration of board policies. The executive director shall be responsible for employing and supervising other support personnel as directed by the board. The executive director shall be designated as the agent for the board for service of legal process upon the board, act as its recording and corresponding secretary, have custody of and safeguard and keep in good order all property and records of the board, sign all instruments and matters that require approval of the board, and perform all duties as the board may assign or delegate.

(c) The records maintained by the board shall include, without limitation, all of the following:

(1) A permanent record of all license applications, whether accepted or rejected, and supporting documentation and information.

(2) A permanent record of all examination results.

(3) A permanent record of all licenses issued; a permanent record of all investigative, enforcement, and disciplinary actions taken by the board.

(4) All other evidence of the important business of the board.

(d) The executive director may issue a license in accordance with the standards established by the board.

(e) All correspondence to the board, including submission of applications for licenses and requests for information should be made to the executive director at the board’s office in Montgomery, Alabama.

(f) The board may employ other full-time or part-time administrative staff, including an administrative assistant and clerical support or others who shall work under the direction and supervision of the executive director.

(g) All board administrative staff, including the executive director, shall be entitled to reimbursement for authorized travel and travel related expenses at the same rate state employees receive for in-state and out-of-state travel. Authorized travel in a board employee’s personal automobile shall be reimbursed at the same rate per mile as paid to state employees.

(h) The chair and executive director shall, before entering the duties of their offices, make and file with the Secretary of State an official bond in the sum of five thousand dollars ($5,000) unless covered by the state blanket bond. The appropriate premiums on the bonds shall be paid out of the funds of the board. The bonds shall be executed by an approved bonding fidelity or guaranty company qualified to do business in Alabama and acceptable to the Secretary of State.
Ala. Code § 34-32-7 — Alabama Code / Title 34 / Chapter 32 / Section 34-32-7
Section 34-32-7 Soil and Water Conservation Committee to Serve as State Board; Appointment of Advisory Council; Duties, Organization, Etc
Status: in_force

(a) The Alabama Soil and Water Conservation Committee shall serve as and be the State Board of Registration for Professional Soil Classifiers, and it shall be the duty of such board to administer the provisions of this chapter. The board shall appoint an advisory council of five members, four of whom shall be qualified professional soil classifiers who shall have the qualifications required in this chapter. It shall be the duty of such council to recommend certification of those persons eligible to become registered soil classifiers. The fifth member of the advisory council shall be the administrative officer of the board. The other four members of the advisory council shall be appointed for terms of office of five years and until their respective successors have been appointed and qualified; provided that one of the initial members shall be appointed for an initial term of office ending on June 30, 1982, one shall be appointed for an initial term of office ending on June 30, 1983, one shall be appointed for an initial term of office ending on June 30, 1984, and one shall be appointed for an initial term of office ending on June 30, 1985.

(b) Four members of the advisory council shall be professional soil classifiers who have been actively engaged in the practice of professional soil classifying for a period of at least five years and who shall have been in responsible charge of soil classification for at least three years. The fifth member of the advisory council shall be the administrative officer of the Alabama Soil and Water Conservation Committee, who shall serve as an ex officio member of the advisory council with the same rights, powers, and duties as the other members of the council.

(c) Each member of the advisory council shall be reimbursed for travel expenses in accordance with Title 36, Chapter 7. Such compensation and expenses shall be paid from funds derived from application and renewal fees.

(d) Vacancies in the membership of the advisory council shall be filled by appointment by the board as provided in this section and the person appointed to fill such vacancy shall serve for the unexpired term.

(e) The advisory council shall hold at least two regular meetings per year. Special meetings may be held as provided by the bylaws of the council, but not more than four such special meetings shall be held in any calendar year. The council shall elect, annually, a chairman and a vice-chairman. The administrative officer of the Alabama Soil and Water Conservation Committee shall serve as secretary-treasurer of the council. Three members of the council shall constitute a quorum.
Ala. Code § 34-13-57 — Alabama Code / Title 34 / Chapter 13 / Section 34-13-57
Section 34-13-57 Executive Director to Provide Notice of Examination
Status: in_force

Fifteen days before an examination, the executive director shall provide to all applicants and all funeral establishments in the state, in electronic format and on the website of the board, a notice listing the names of all persons admitted by the board to take the examination and setting out the time and place of the examination.
Ala. Code § 34-8-52 — Alabama Code / Title 34 / Chapter 8 / Section 34-8-52
Section 34-8-52 Alabama Commercial Energy Code Advisory Committee - Established; Composition; Terms
Status: in_force

(a) The Alabama Commercial Energy Code Advisory Committee is established within the Alabama Commercial Energy Code Division of the State Licensing Board for General Contractors.

(b) The committee shall consist of the following members:

(1) The Commissioner of Insurance, or his or her designee.

(2) The Director of the Division of Construction Management within the Department of Finance, or his or her designee.

(3) The State Fire Marshal, or his or her designee.

(4) One member appointed by the State Licensing Board for General Contractors.

(5) One member appointed by the state Board for Registration of Architects.

(6) One member appointed by the state Board of Licensure for Professional Engineers and Land Surveyors.

(7) One member appointed by the Alabama Board of Electrical Contractors.

(8) One member appointed by the Board of Heating, Air Conditioning, and Refrigeration Contractors.

(9) One member appointed by the Governor to represent the private, investor-owned, electric utility industry.

(10) One member appointed by the Alabama Rural Electric Association of Cooperatives.

(11) One member appointed by the Code Officials Association of Alabama.

(12) One member appointed by the Alabama League of Municipalities.

(13) One member appointed by the Association of County Commissions of Alabama.

(c) The members appointed to the committee shall be legal residents of the state and the appointing authorities shall coordinate appointments to reflect the racial, gender, geographic, urban, rural, and economic diversity of the state.

(d) Each member of the committee shall be appointed for a five-year term, with initial terms to begin on January 1, 2025, and may be reappointed for a second five-year term.
Ala. Code § 34-26-83 — Alabama Code / Title 34 / Chapter 26 / Section 34-26-83
Section 34-26-83 Compact Privilege to Practice Telepsychology
Status: in_force

(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Section 34-26-82, to practice telepsychology in other compact states in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the compact.

(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or

b. A foreign college or university deemed to be equivalent to paragraph a. by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

(2) Hold a graduate degree in psychology that meets all of the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.

d. The program must consist of an integrated, organized sequence of study.

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

f. The designated director of the program must be a psychologist and a member of the core faculty.

g. The program must have an identifiable body of students who are matriculated in that program for a degree.

h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology.

i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for a doctoral degree and a minimum of one academic year of full-time graduate study for a master’s degree.

j. The program includes an acceptable residency as defined by the rules of the commission.

(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;

(4) Have no history of adverse action that violates the rules of the commission;

(5) Have no criminal record history reported on an identity history summary that violates the rules of the commission;

(6) Possess a current, active E.Passport;

(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background, and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the commission; and

(8) Meet other criteria as defined by the rules of the commission.

(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state, in accordance with that state’s due process law, may limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the commission.

(e) If a psychologist’s license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
Ala. Code § 34-5-12 — Alabama Code / Title 34 / Chapter 5 / Section 34-5-12
Section 34-5-12 Disposition of Receipts; Expenses and Audit
Status: in_force

All money, funds, and other receipts received by the board shall be deposited in a depository which shall be a bank within the state designated by the board. Such funds shall be expended for carrying out the purposes of this chapter and may be withdrawn on order of the executive officer of the board. All such money and funds and other receipts are hereby appropriated for use of the board for the necessary and proper expenses of the board and for carrying out the purposes of this chapter. The accounts of the board shall be examined annually by the Office of the Chief Examiner of Public Accounts of the State of Alabama.
Ala. Code § 34-39-16 — Alabama Code / Title 34 / Chapter 39 / Section 34-39-16
Section 34-39-16 Complaints; Notice and Hearing; Judicial Review
Status: in_force

(a) Any person may file a complaint with the board against any licensed occupational therapist or licensed occupational therapy assistant in the state charging the person with having violated this chapter. The complaint shall set forth specifications of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged. When a complaint is filed, the secretary of the board, or the executive director at the request of the secretary, shall mail a copy thereof to the accused by return receipt mail at his or her address of record, with a written notice of the time and place of hearing thereof, advising him or her that he or she may be present in person and by counsel if he or she so desires, to offer evidence and be heard in his or her defense.

(b) At the time and place fixed for the hearing, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his or her defense. The board shall be bound by the rules of evidence in contested cases under Section 41-22-13 of the Alabama Administrative Procedure Act and all oral testimony considered by the board shall be under oath. If the board finds that the licensed occupational therapist or the licensed occupational therapy assistant has violated this chapter, the board may suspend or revoke his or her licensure, levy a reasonable fine not to exceed one thousand dollars ($1,000) per violation, or restrict his or her license and require the licensee to report regularly to the board on matters related to the reasons for the restricted license, or any combination of these.

(c) The action of the board in suspending, revoking, or refusing to issue a license may be appealed to the Circuit Court of Montgomery County accompanied by a bond to be approved by the court. The notice of appeal shall be filed within 30 days from the receipt of such order or ruling. Appeals shall be governed by the judicial review provisions of Section 41-22-20 of the Alabama Administrative Procedure Act, except that the review procedure provided therein shall not suspend the action of the board nor stay the enforcement of any order in the suspension, revocation, or refusal of a license.
Ala. Code § 34-8A-81 — Alabama Code / Title 34 / Chapter 8A / Section 34-8A-81
Section 34-8A-81 Creation of Committee
Status: in_force

(a) The board shall promote the early identification, intervention, treatment, and rehabilitation of licensees who may be impaired.

(b) The board may contract with any nonprofit corporation or medical professional association for the purpose of creating, supporting, and maintaining the Alabama Licensed Counselor Wellness Committee. The committee shall consist of not less than three nor more than nine licensees. Committee members shall be appointed by the board for terms of three years and shall be eligible for reappointment. The board, for just cause, may remove a committee member before the expiration of his or her term.

(c) The board may expend any available funds as necessary to cover the operational expenses of the committee including, but not limited to, the actual cost of travel, office overhead, personnel expenses, and compensation of committee members and staff. Funds expended pursuant to this subsection are not subject to competitive bid laws.
Ala. Code § 34-3-108 — Alabama Code / Title 34 / Chapter 3 / Section 34-3-108
Section 34-3-108 Nonprofit and Public Nature of Foundation
Status: in_force

It is the intention of this article that the foundation be a nonprofit public corporation. No part of the net earnings of the foundation shall inure to the benefit of any private individual, firm, or corporation.